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Agenda 05/13/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA May 13, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION iN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 May 13, 2003 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Eric Richardson, Grace Bible Church 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. April 8, 2003 - Regular Meeting C. April 15, 2003 -Workshop D. April 16, 2003-Workshop E. April 17, 2003- Town Hall Meeting F. April 22, 2003 - Regular Meeting G. April 30, 2003- Town Hall Meeting SERVICE AWARDS PROCLAMATIONS Proclamation to designate the week of May 19 through May 23, 2003 as Collier County Safe Boating Week. To be accepted by William J. Reid, Past Commander of Naples Sail Power Squadron. To designate the week .of May 12 through May 46, 2003 as Tourism Week in Collier County. To be accepted by Clark Hill, General Manager of Hilton Naples and Towers on behalf of the Collier County Lodging Association. C. Proclamation to designate May 15, 2003 as Law Enforcement Appreciation Day. To be accepted by Sheriff Don Hunter. Proclamation to dedicate the Sheriff's Office Golden Gate Substation in memory and honor of Major Pat Mullen. To be accepted by Sheriff, Don Hunter. Proclamation to designate the Month of May as Teen Pregnancy Prevention Awareness Month. To be accepted by Dr. Pete Tougas, Naples Area Teenage Parenting Program and Ramona McNicholas, American Association of University for Women. 2 May 13, 2003 F. Proclamation to designate May 12 through t8 as Immokalee Friendship House Week. To be accepted by Ed Laudise, Executive Director of the Immokalee -- Friendship House. G. Proclamation to designate May 18 through 24 as Emergency Medical Services Week. To be accepted by Christine Crato, EMS Paramedic of the Year. 5. PRESENTATIONS A. Item continued from April 22, 2003 BCC Meeting. Presentation by Fire Chief Donald R. Peterson, regarding the installation of speed bumps, calming devices and pre-entry treatments on roads. B. Presentation of the Phoenix Awards by John Dunnuck, Public Services Administr~,tor. 6. PUBLIC PETITIONS A. Public petition request by Mr. Bob Krasowski to discuss Zero Waste Strategy/Plan Outline for the Handling of Collier County's Solid Waste Stream. B. Public petition request by Mr. Georges Chami to discuss Town Market request for Independent Investigation. Copies of the citizens' petition supporting Mr. Chami's public petition are available for public inspection in the County Manager's Office, 2nd Floor, 330t East Tamiami Trail, Naples. 7. BOARD OF ZONING APPEALS A. Item continued ;rom April 8, 2003 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be p~ovided by Commissio,. members. VA-2002-AR-3379, Aquatic Architects, Inc., representing Kris and ~Jodi Anderson, requesting an after-the-fact variance of 1.8 feet from the minimum rear yard accessory structure setback of 10 feet to 8.2 feet for a screened enclosure addition to a single family dwelling for property located at 349 Wimbledon Lane, further described as Berkshire Lakes, Unit 1, Block B, Lot 39, in Section 32, Township 49 South, Range 26 East, Collier County, Florida. 3 May 13, 2003 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclcsure be provided by Commission members. Petition PUDZ-02-AR-3095, Mr. Richard D. Yovanovich of Goodlette, Coleman and Johnson, representing Marian Gerace and Wallace Lewis, Jr., requesting a rezone from "A" Rural Agricultural to PUD, Planned Unit Development to be known as the Livingston Village PUD allowing for a maximum 590 residential dwelling units for property located on the east side of Livingston Road (CR 881) and west side of the 1-75 right-of- way in Section 19, Township 49 south, Range 26 east, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Airport Authority. B. Appointment of member to the Collier County Coastal Advisory Committee. C. Appointment of member to the County Government Productivity Committee. D. Appointment of member to the Board of Building Adjustments and Appeals. E. Discussion regarding amending the ordinance to change the membership on the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. (Commissioner Henning) 10. COUNTY MANAGER'S REPORT A. This item to be heard at 10:00 a.m. Recommendation to confirm the appointment of Ms. Len Golden Price to the position of Administrative Services Administrator. (Jim Mudd, County Manager) B. Adopt a resolution authorizing the condemnation of fee simple interest in property required for the construction of a storm water treatment pond along Golden Gate Boulevard made necessary by the construction of roadway improvements along 13t~ Street Southwest from Golden Gate Boulevard South to 16th Avenue SW (Project No. 69068). (Fiscal Impact: $200,000.00) (Norman Feder, Administrator, Transportation) 4 May 13, 2003 Approve two agreements for sale and purchase with the Paul Family for the purchase of property to house the Northeast Regional Water Treatment Plant and Water Reclamation Facility at a cost not to exceed $6,007,000. Project Numbers 70154 and 73155. (Jim DeLony, Administrator, Public Utilities) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 12:00 noon. Closed Attorney-Client Session pursuant to Section 286.011 (8), Fla. Stat., to discuss settlement negotiation issues in Terracina, LLC v. Collier County, Case No. 02 ~.~.~.0-CA-HAYES, now pending in the Circuit Court, Naples, Florida. Reject a proposed settlement agreement providing for abatement of violation and compromise of lien in two Code Enforcement Lien Foreclosures entitled Collier County v. Anthony J. Varano, Case Nos. 99-4226-CA and 00-3430-CA. Approve the Stipulated Final Judgment as to Parcel 909 for $51,000 in Collier County v. Jessie M. Durden, et al, and purchase of remainder property (Santa Barbara Sewer Force Main Interconnect-Projects 73132, 73150, and 73151). For additional $214,000. (Total cost of $265,000) 13. OTHER CONSTITUTIONAL OFFICERS A. Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government for the United States Department of Justice Three Year COPS Universal Hiring Program 2003 Grant. Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government for the United States Department of Justice COPS Homeland Security Overtime Program 2003 Grant. C. Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government for the United States Department of Justice Three Year COPS in Schools 2003 Grant. D. Request that the Board of County Commissioners authorize the expenditure of available funds for the purchase of 800 MHz portable radios for the Sheriff's Office. 5 May 13, 2003 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 1'6. 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. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to approve for recording the final plat of "Treasure Point", and approval of the Standard Form and Construction and Maintenance Agreement and approval of the amount of the Performance Security. 2) Consider approval of a contract amendment in the amount of $12,500 for professional consultant services from the Gall Easley Company for services related to the revision of the Collier County Land Development Code (LDC). 3) Request to grant final acceptance of the water and sewer improvements for the final plat of "Island Walk Phase Five-A". 4) Request to grant final acceptance of the water and sewer improvements for the final plat of "Island Walk Town Center". 5) Final acceptance of water utility facilities for Galleria at Vanderbilt. 6) Final acceptance of water and sewer utility facilities for Countryside Commons, Phase One. 7) Approval of the Satisfaction of Lien for Code Enforcement Board Case No's: 2001-076; 2001-082; 2002-012 and IM2001-00t. 8) Approval of Contract #02-3317, in the amount of $38,324, with Henderson, Young and Company for consultant services for a Fire Protection Impact Fee Update Study. 9) Approval of one (1) impact fee reimbursement of $49,381.56 due to overpayment. 10) Approval of one (1) impact fee reimbursement of $6,016.82 due to building permit cancellation. 11) Approval of one (1) impact fee reimbursement of $43,611.84 due to twelve (12) building permit cancellations. 6 May 13, 2003 TRANSPORTATION SERVICES 1) Item continued from April 22~ 2003 BCC Meetin.q and is further continued indefinitely. Recommendation that the Board of County Commissioner~ conditionally accept recorded easements and deeds for Whippoorwill Lane; and approve an indemnification agreement; and accept provision of cash escrow and letter of credit as set forth in agreement- All matters pertain to the land acquisition and construction of a roadway on the property conditionally accepted by the County for construction by private parties of Whippoorwill Lane. 2) Approval of the design and purchase of bus stop shelters and accessories and the proposed locations for the Orange and Green Routes of the Collier Area Transit (CAT). 3) Approve a revised right-of-way permit and inspection fee schedule for the Transportation Operations Depar~ent. 4) Approve selection committee ranking of firms for contract negotiations for RFP 03-3465 "Annual Contract for Traffic Engineering Consultant Services" (estimated dollar amount of contract not to exceed $500,000 annually per firm). 5) Recommendation to award Bid #03-3440 - Annual Contract for Television Inspection and Desilting of Storm Sewer Collection Systems for the approximate annual amount of $50,000. 6) Recommendation to award Bid #03-3491 - Annual Contract for Retention Pond Mowing and Lifter Removal for the approximate annual amount of $19,000. 7) Award a construction contract in the amount of $1,592,715.30 to Thomas Marine Construction Inc., and allocate $150,000.00 (10% of the construction cost) for contingency purposes to construct the proposed Lakeland Avenue Bridge and Roadway Construction Project, from Piper Boulevard to Immokalee Road, Project No. 66042, Bid No. 03-3492. Gm PUBLIC UTILITIES 1) Ratify the emergency purchase of parts and service from original equipment installation contractor for Degasifier Tower #1 at the North County Regional Water Treatment Plant. 2) Approve Florida Department of Environmental Protection Certification of Financial Responsibility Form, for the South County Water Reclamation Facility Injection Well, Project 75154. 3) Approval of one (1) impact fee refund request for Penny S. Dirocco totaling $2,690. 4) Approve Work Order #MP-FT-03-02, for Municipal Solid Waste Processing and Gasification Project Negotiations to Malcolm Pirnie, Inc., under 7 May 13, 2003 Contract #00-3119, Fixed Term Utilities Engineering Services, in the amount of $232,960. 5) Declare the Naples Landfill fan based odor control system surplus and recommend the most equitable method of disposal. 6) Approval to piggyback on request for Letters of Interest Number 090297RB from Broward County for annual security services from Wackenhut Corporation at the South County Regional Water Treatment Plant in the estimated amount of $75,000. 7) Approval of a budget amendment for costs related to the restructuring of the administrative function of the Public Utilities Engineering Department and equipment required to support expanding capital improvement programs in the amount of $43,900. 8) Approval of a budget amendment for costs related to the hiring of a Solid Waste Project Manager, and reimbursement of those expenses from Solid Waste Disposal Fund 470 to County Water/Sewer Operating Fund 408 in the amount of $35,000. PUBLIC SERVICES 1) Adopt a resolution appointing officers to the Collier County Agricultural Fair and Exposition, Inc. Board of Directors for 2003-2004. 2) Approve a limited use license agreement between the Board of County Commissioners and Southern Extreme Water Ski Team, using a specified County-owned property for conducting a water ski tournament June 20- 22, 2003 at Sugden Regional Park. 3) Approve a request to apply for two Florida Communities Trust Florida Forever Grants, one in the amount of $1,909,200 reimbursement for the purchase of the Barefoot Beach Outparcel and one in the amount of $1,100,000 reimbursement for the purchase of mitigation lands for the Lely Area Stormwater Improvement Project. 4) Approve the donation agreement from David W. Fisher and Kay J. Britt, as successor trustees of the Harold W. Fisher Trust, for a future playground in Copeland at a cost not to exceed $2,300. 5) Approve the Older Americans Act Continuation Grant and authorize the Chairman to sign the contract between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida Inc., DIBIA Senior Solutions of Southwest Florida. As the Contract associated with this executive summary is well over 50 pages, a copy is available at the Human Services Department and will be provided upon request. 6) Obtain Board approval to reject Bid No. 02-3414 and to award Bid No. 03- 3478 "Tee Shirts" to T-Shirt Express in an amount not to exceed $45,000. 7) Approve a license agreement with the Marco Island Historical Society to designate land for a future museum on Marco Island. 8 May 13, 2003 8) Approve an agreement with the Tradewinds Foundation to fund an accessible boating program at County parks. ADMINISTRATIVE SERVICES 1) Approva~ of a building naming policy which would allow for the special naming and dedication of county-owned buildings, structures and/or other facilities. 2) Obtain Board approval to award Bid No. 03-3408 -Herbicides/Pesticides/Fungicides" to multiple vendors. 3) Recommendation to award Bid No. 03-3495, Concrete/Pavement Contractor (estimated value $50,000). 4) Approval of a lease agreement with Congressman Marlo Diaz-Balart for use of County-owned office space for two years at a total revenue of $20.00. 5) Approval of a lease agreement with State Representative Dudley Goodlette for the continued use of his office space for two years at a total revenue of $20.00. 6) Recommendation to award Bid No. 03-3475R, Temporary Labor Contract (estimated value $350,000.00). 7) Approve selection committees recommended short list of architects for RFP 03-3489, the addition, design and renovations to the Golden Gate Library at 4898 Coronado Parkway. 8) Item continued from April 22, 2003 BCC Meetina. Recommendation to award Bid No. 03-3468, Pump and Motor Repair for County-wide equipment maintenance to Naples Armature as primary awardee and Horvath Electric as secondary awardee in the estimated annual amount of $300,000. 9) Approve budget amendment to increase appropriations and associated revenues for operating costs in Fleet Management Fund (521) in the amount of $197,000 for repair parts and outside vendors, and $349,400 for fuel; and approve a $32,000 increase in appropriations for personnel overtime, with a matching decrease in appropriated capital expenditures. 10) Approve selection committee ranking of firms for contract negotiations for RFP 03-3497 "Auditing Services for Collier County" (estimated dollar amount of contract $215,500). 11) Approve purchase of six (6) medium-duty replacement advanced life support "Medicmaster" ambulances from American LaFrance Corporation using Palm Beach County Bid #02-1951CB, and purchase of radios and data recorders for the ambulances under separate bids. ($815,460.00) 9 May 13,2003 12) Approve amendments to Contracts #01-3289, #01-3290, #01-3292, #00- 3119 and #00-3184 to adjust contract time provisions and fee schedules respectively. 13) Recommendation to clarify current purchasing policy regarding the accumulation and subsequent release of contractor retainage. 14) Request approval of a First Amendment to Lease Agreement with Abbas Ahrabi Asli for building utilized by the Property Appraiser's Offices. F. COUNTY MANAGER 1) Recognize and appropriate $3,799 in additional revenue from a Florida Department of Community Affairs State and Local Assistance (SLA) Grant and approve the necessary budget amendment. AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS COUNTY ATTORNEY 1) Authorize the County Attorney's office to make a business damage offer to settle a claim for business damages by Fogg's Nursery and Mulch Supply Inc., associated with the acquisition of Parcel 112 in the Lawsuit styled Collier County v. Norma E. Banas, et al, Case No. 02.5137-CA (Immokalee Road Project #60018). 2) Authorize the County Attorney's office to accept an Offer of Judgment from Respondent, John A. Pulling Jr., Trustee, to settle a claim for business damages in connection with the acquisition of Parcel 104 in the Lawsuit styled Collier County v. John A. Pulling, Jr., et al, Case No. 02- 1908-CA (Livingston Road Project #62071). 3) Approve the stipulated final judgment relative to the acquisition of Parcels 102 and 702 in the lawsuit styled Collier County v. Marian H. Gerace, as Successor Trustee, et al, Pine Ridge Road Project No. 60111. 4) That the Board of County Commissioners execute a cancellation of mortgage to release a third mortgage recorded at O.R. Book 2577, Page 3248 of the Official Records of Collier County, Florida. 5) Approval of settlement agreement and mutual release involving litigation in Aston Gardens at Pelican Marsh v. Collier County~ .Case No. 03-595-CA in the Circuit Court of the Twentieth Judicial Court. 10 May 13, 2003 6) Approval of settlement agreement and mutual release for previously unpaid educational, road, community and regional parks and library impact fees for Arden Courts at Lely Palms and Manor Care at Lely Palms. 7) Request for the Board of County Commissioners to provide direction to the Office of the County Attorney regarding settlement negotiations in Terracina, LLC v. Collier County, Case No. 02-4440-CA, now pending in the Twentieth Judicial Circuit Court for Naples, Collier County, Florida. 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. FOR THOSE ITEMS, WHICH ARE QUASlJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUD-02-AR-2240, Mr. Donald Pickworth, representing Centex Homes, requesting a rezone from "PUD" Planned Unit Development to a new Planned Unit Development (PUD) for the purpose of amending the Twelve Lakes PUD in order to revise the PUD document references and to update the master plan for property located on the north side of Davis Boulevard (SR 84) and the south side of Radio Road (CR-856) in Section 4, Township 50 South, Range 26 East. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-02-AR-3486, Vincent Cautero or Coastal Engineering Consultants Inc., representing Collier County Government requesting Conditional Use "26" in the "A" Agricultural Zoning District per Section 2.2.2.3.26 of the Collier County Land Development Code allowing for a Government office building for property located on the northwest corner of Orange Blossom Drive and Airport-Pulling Road (CR 31) in Section 2, Township 49 south, Range 25 east, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2002-AR-3160, Robert L. Duane, ol Hole Montes Inc., representing Benderson Development Co., requesting a rezone from "A" Rural Agricultural to "C-3" for parking and infrastructure only, for property located east of Donovan Center PUD on the south side of Immokalee Road in Section 30, Township 48 south, Range 26 east, Collier County, Florida, consisting of 0.44+ acres. To approve the recommended amendments to the Collier County Community Automated External Defibrillator Ordinance 98-36. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 11 May 13, 2003 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING May 13, 2003 Item 16(A)8 correction: Under "Considerations" in the third paragraph, the text reads Fire Steering Committee and should read Fire Service Steering Committee. Move item 16(C)4 to 10D: Approve Work Order #MP-FT-03-02, for Municipal Solid Waste Processing and Gasification Project Negotiations to Malcolm Pirnie, Inc., under Contract #00-3119, Fixed Term Utilities Engineering Services, in the amount of $232,960. (Commissioner Coletta request.) Continue item 16(D)4 indefinitely: Approve the donation agreement from David W, Fisher and Kay J. Britt, as successor trustees of the Harold W. Fisher Trust, for a future playground in Copeland at a cost not to exceed $2,300. (Staff request.) Withdraw item 16(E)14: Request approval of a First Amendment to Lease Agreement with Abbas Ahrabi Asli for building utilized by the Property Appraiser's offices. (Staff request.) Time Certain Items: Item 10(A) to be heard at 10:00 a.m. Recommendation to confirm the appointment of Ms. Len Golden Price to the position of Administrative Services Administrator. Item 12(A) to be heard at 12:00 noon: Closed Attorney-Client Session pursuant to Section 286.011 (8), Fla, Stat., to discuss settlement negotiation issues in Terracina, LLC v. Collier County, Case No. 02-4440-CA-HAYES, now pending in the Circuit Court, Naples, Florida. Items 13 (A)(B)(C)(D) to be heard immediately after Proclamations. Collier DI4~/4T E. BROCK, CLERK NoAG. ENDA~------ITEM MAY pROCLA/HA TXON ~VNEREA$, WHEREAS, WHEREAS, NON/ ~a~ll~r ~mmly, ?lor~da =nd the U~ited $fates, conlribu~'~ to r~tah'o~, peace, under~tondJ~ ofld ~oodwJll; and, =~d tourism n~s as the number one industry in Coil~er and in Fio~'d= in te~= of rev~m$ ~aner=ted; =nd, ~.3 milli~ ~=iton ¢o~fri~ed n~arly .~ biUian dollor~ to the economy of do!I/er County in 2002; and, t~ose visito~ to Colli~ Counh/ pmovided $7',500 direct jobs to fhe economy of aura =mca; and, as people ~hroughtnrt the world become more aware of the ~rtst~din~ beaches, 9o1£, shopp/m3, re~"taurants, and natural, h/stor/ca! /n Coil~er County, trave/ aspect/n the soda/and and at the/r the Greater and Visitors Bureau on/Hay J §, 2003. DONE AND ORDERED THZ$ S Sth Day of/Hay, 2003. BOARD OF COUNTY COLLIER COUNTY. FLOR. TDA ATTEST: TO/H HENN~tV~, CHAIRA~AN DI4r~G/4T E. BROCK, AGF~.~ ..... HAY 13 2003 Pg. I PROCLAMATION WHEREAS. WHEREAS, WHEREAS. the problems of chine touch all segments of our society and can undermine and emmle the moral and economic strengths of our communities; and, we are fm-tunate that law enforcement officer~ from all area agencies dedicate themselves to peese~ving law m~l omler and the public's safety; and, we recognize that the men and women in law enforcement risk their lives on a daily basi~ to protect our citizens and maintain social o~cler; and, WHEREAS, granted. NOW THE~C:-FO~E, be of bONE AND we encourage all citizens to pause to recognize mm law enforcement office~s so that we may not take their work for oft 15, 2003 as ENFOREEME)~- ~-PPI~EC'J;~TT--ON all citizens'to join '~s,tn:~o~ng and to :assist 't9m~ ~l~y 'exercising re Commissioners ~leasure in honoring services and ,ent citizenship. ~RZbA TOM HENNZNG, CHAIRMAN ATTEST: DWZGHT E. BROCK, CLERK AGF_.NI~A-,T FM .~, I .o. HAY 13 2003 Pg. pr~lamatian For 44ajar Pat il~ullen ~~. in ~ e~ ~s o~ his la~ enf~em~t ca. er. ~ajor ~ullen ~as a ~sitiye ~le m~el for t~usa~s of ~ollier C~ ~ in his ca~ci~ ~ a Y~h Relatio~ ~. dedicati~ many h~rs of hi~ ~n time with the WN~EA& as his I~ ~f~em~t c~r ~ssed. ~ajor ~ullen se~d as ~enanf in cha~ of the Xmmokalee D[s~ic*. followed b o~ ~e ~lden ~fe befo~ ~he Pa~/ D/v/s/on in ted a fe~en* ~H~EA& he dedication ~. ~ommissioners '.~~ ~afe':~b~n' ~' memo~ ~ ~ of ~.jor Pot DONE AND ORDERED BOARD OF CO~ CO~IONER5 cO~E~ COUNt, FLO~bA TOA~ HENNIN~, CHAIRA4AN ATTEST ~ Dwx~n'r e. BRock. a. eR~,' Flay ~ 3 20Q3 PROCLAMA TION ' WiqEREA$, we the cHizens of the State of Fire'/da and the ~esiden~$ of ch/Idea, ymfh and families by ~duci~ ?e¢n p~gnancy; ~d, WHEREA~, high mt~s o~ teen ~nancy bu~en ~t only teena~r$ but also ~NE~AS, 4 ~ oI ~0 9iris in the ~nited 5tates 9et ~nt at least once by a~ ~en~, m$ulri~ in mo~ than ~,~ feen a year; and, ~GAS, teens a~und the be asked to stop, think and take action. NO~ THeReFORE, ~ Comm~s/oners of ~ be des/~nared as A ~-~E$ T; DH/£~N7' E. BROCK, C~ERK ,o._ MAY 13 2003 pROCLAMATION WHEREAS, ]:mmokalee Friendship House was founded in 1987 and continues to provide around-the-clock service to the people of Collier County; and, WHEREAS, the ]:mmokalee Friendship House provides emergency relief for the hungry and homeless of Collier County and annually provides shelter for more than 1,000 homeless and se~ves g5,000 meals; and, WHEREAS, the [mmokaiee Friendship House provides a home for many services of value to the Immokaiee area and to Collier County in general, including meeting sites for AA, battered women's groups, tutoring programs, ~ob fairs end community service college spring breaks; and, WHEREAS, the Zmmokalee Friendship House sponsors innovative programs and refers client health, ~ob placement ond education; WHEREAS, the ~-~eceived the back ~l~-W6rk..The , s ~ ' ~hette~-~'nyne ~ distinction; WHEREAS. ,kalee'Frienclship;Rouse:hasthe supF ..of an mai B°ard of ~'rust~es, adedicated g! volunteers staff.. NOW proclaimed ~y the Board of issioners of '~2 - tS, 2003 IMMO 'WEEK and urge oil citizens to visit the ]:mmokaJe¢ Friendship House ot 602 W. Main 5tre~t in ]:mmokalc¢ to observe the fine work they do ancLto support their work os volunteers and os contributors. bONE ANb ORDEREbTHI5 33th bay of May, 2003 BOARD OF COUNTY ¢O/~ONEI~ COLLieR COUNTY, FLOI~bA TOM HENNIN~, eHA.TRMAN - - AGENDA~TTEH ~TTF_ST No..~.~-~-.-~--- MAY D~ E. BROCK, t~RO~I.A~IA TION ... WHEREAS, emergency medico/services teams ore r~ady to provide/ifemvin9 ca~ ~o ~hose in ~ed Z4 hours a day. 7 days a week; and. , W~& eme~y medical $e~/ce$ ~eams co~J~ of eme~ medico/ technicians. ~medics. H~b~hrers. eme~n~ physician. ~ o~hers; and. W~GA& ~e eme~y medical ~e~ic~ ~am~ se~ o~ c~n~ wHh ~ a~ helium and defe~ ~e Na~n when called and, W~FA~. access to ~ali~ em~y ca~ draman~ally im~ves the sub/vol and ~co~ ~te of ~hose who ~r/ence sudden or/~u~; and. W~gEA& ~viders have ~adiHonal/y $e~ed ~ ~he and. NOW TH~OR~ ~ ~3 be des/~ated F~ERG~N~ ~DICAL 5ERODES WEEK DONE AND ORDERED Tt7I$ I3n~ DaY of A4ay, EO03. BOARD OF COUNT~ COIAtAI$$IONER$ COLI_rER COUIgTY, FLO~DA TOI~ HENNING, CblA_TRA~AN ATTEST: "- Owz m' E. BROCK, CL K HAY 13 ~ ' COLLIER COUNTY MANAGER'S OFFICE 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 April 8, 2003 Donald R. Peterson Fire Chief Golden Gate Fire Control & Rescue District 4741 Golden Gate Parkway Naples, FL 34116-6901 Dear Chief Peterson: In response to your request to make a presentation to the County Commission regarding the installation of speed bumps, calming devices and pre-entry treatments on our roads, you are scheduled to appear before the Collier County Board of Commissioners at the meeting of April 22, 2003. We ask that you limit your presentation to thirty minutes. 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 have any questions, please do not hesitate to contact this office. Very truly yours, County Manager JVM/jb cc: Tom He,nning, Chairman BCC GO[DEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY - NAPLES, FLORIDA 34116.-6901 (239) 455-2121 - FAX (239) 455-7917 March 7, 2003 James Madd, County Manager 3301 Emi Tamiami Trail Building F Naples, FL 34112 Subject: Request for inclusion on the County Commission Agenda Dear Mr. Mudd, I have been asked by the Fire Steering Committee to make a presentation to the County. Commission regarding the installation of speed bumps, calming devices and pre-entry ~reatmenls on our roads. Specifically, I wish to discuss problems relate~l m emergency vehicle responses including personal injuries and mechanical problems that have occurred -as the result of installation of speed bumps in neighborhoods. A PowerPoin~ slide show will accompany my remarks. Thank you for your eonsideratiorr Respectfully, Doradd R. P~emon Fire Chief cc: County Commissioner Tom Henning COLLIER COUNTY MANAGER'S OFFICE 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 April 14, 2003 FAX (941) 774-4010 Mr. Bob Krasowski 1086 Michigan Avenue Naples, FL 34103 Re: Public Petition Request to Discuss Zero Waste Strategy/Plan Outline for the Handling of Collier County's Solid Waste Stream Dear Mr. Krasowski: As requested in your letter dated April 14, 2003, to reschedule your April 22, 2003 appearance before the Board, you are scheduled to appear before the Collier County Board of Commissioners at the meeting of May 13, 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, County Manager JVM/jb ~ ...... ;.."~.~'-' ~77 ..... ..- cc: David W eige,, CounW A, omey j t.~:... U ~- ~ Jim DeLony, Public Utilities Administrator t= ... April 14, 2003 Collier County Manager ~ - Mutt, I find myself in need of a bit more time to adequately prepare my presentation to the Board of Collier County Commissioners regarding the Zero Waste strategy/plan option for the handling of the County's material discards (solid waste). Today, I request a rescheduling of my April 22, 2003 appearance before the Board, under the public petition portion of the agenda, to the next Board meeting of May 13, 2003. The purpose of the presentation remains the same: to provide me as representative of The Collier County Zero Waste Group the opporm~fity to present, to the Commissioners~ Staff and Public what our Grou~ has develol~ed as a Zero Waste strategy/plan for the handling of Collier County's solid waste stream. I will also explain the relative value of the strategy/plan and: · Explain, briefly, the historic relationship The Zero. Waste Collier County group's leadership has with the solid waste handling issue. Show a brief tape of The Zero Waste Collier Co, unty Group's, Zero Waste Workshop-Design Charrette. · Make a power point presentation on the Zero Waste plan, its suggestions and recommendations. · Explain how the group came to make these specific suggestions and recommendations. I now plan to have the strategy/plan outline completed and available for Commission and staff review on or before Wednesday, May 7, 2003 so they may have time to consider its content, suggestions and recommendations. I apologize for any inconvenience this change of scheduling might cause you. Thank you for your consideration and attention to this matter. Sincerely, The Zero Waste Collier County Group MAY COLLIER COUNTY MANAGER'S OFF CE 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 April 24, 2003 FAX (941) 774-4010 Mr. Georges Chami, President J Peaceful, LLC 7770 Preserve Lane Naples, FL 34119 Re: Public Petition Request to Discuss Town Market Request for Independent Investigation Dear Mr. Chami: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of May 13, 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 nb 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, County Manager JVM/jb cc: David Weigel, County Attorney Joe Schmitt, CD&ES Administrator · '":----- - J.Peaceful LLC 7770 Preserve Lane l~aples, FL 34119 Phone: (239) $94~8696 Fax: (239) $14-0~91 April 16, 2003 Mr. Jim Mudd ' · County Manager ............ County Administration Building 2 3301 East Tamiami Trail Naples, Flodda 34112 Re: Petition to the Board of County Commissioners Town Market request for independent investigation, petition signed by over 1200 taxpayers. Dear Sirs, Over one year ago, on March 12, 2002, we petitioned the Collier County Board of County Commissioners, requesting that this ultimate authority in Collier County put a stop to abusive acts of some of Collier County Staff with regard to the Town Market. On that day, the Collier County Commissioners were unanimously of the opinion that what was happening was unacceptable. The Board of County Commissioners issued its resolution, which was reworded and moderated by Mr. Tom Oliff. Nevertheless, following the meeting, Mr. Oliff made a proposal to our attorney, Mr. Ken Cuyler. Mr. Oliff requested that this proposal be put in wdting by Mr. Cuyler and be sent to Mr. Joe Schmitt for approval. We were extremely surprised that Mr. Schmitt refused the proposal submitted by his superior. Furthermore, Mr. Schmitt's letter was sent to us less than 36 hours from the scheduled Board of County Commissioners meeting on March 26th. The spirit of the resolution voted on March 12th was to have a meeting between the Town Market and the Staff to discuss the technicality and the logic for these additional impact fees. It was cleady stated by many Commissioners that the outcome of such meetings with regard to the agreed additional impact fees, if any, would be resubmitted to the Board of County Commissioners on March 26t~. Despite Mr. Schmitt's refusal of the proposal presented by Mr. Oliff, we were informed that the Town Market issue was not on the March 26th agenda. Therefore, no one from the Town Market was at that meeting and we were surprised to find that Mr. S~hr~itt'--.~~l~ f HAY 1 2003 . made a presentation which included false statements with regard to the CO and to the Town Market's readiness to open its doors. We obviously proved Mr. Schmitt legally wrong and we were able to force Staff to issue a CO despite non-payment of the additional impact fees. The delay tactics used by Staff, and opening without signage, caused the Town Market to lose over $400,000 in the first few months. Nevertheless, with the end of the season in Naples, the delays and the lack of working capital, the financial situation of the Town Market became even more critical. Under duress and protest, the Town Market paid the additional impact fees. For three months, we tried to schedule an appeal for the signage issues. Every delay tactic was used to deny us our dght to appeal to the Board of County Commissioners. The Staff even used intimidation tactics toward my attorney to reduce his efficiency. Finally, we were able to have a meeting scheduled after we threatened a lawsuit for having our rights denied. Presently, some of the County Staff are still maintaining their position in refusing to have other (independently minded) individuals look into the file to determine, if without any doubt, that the findings brought by Mr. Patrick White as County Attorney's Assistant are valid. Mr. White is in full contradiction with the Impact Fees ordinance and is refusing to admit his error. Mr. White is analyzing the Town Market concept as a mixed-use development facility, when the impact fees ordinance clearly denies him such liberty. Furthermore, the same code clearly defines the convenience store for the impact fees analysis and the least we can say is that the Town Market does not fit such a definition. Unfortunately, Mr. White forced us to question his work ethic and professional integrity when Mr. White allowed himself to look at the Town Market from whichever point-of-view suited him the best at the time. On the one hand, looking at the Town Market as a multi- use retail facility, (per code, over 30 more parking spaces would be required as well as an additional 12 feet of landscaped buffer on two of the three sides would be necessary to satisfy the landscape code if the Town Market was found as a convenience store with gas station). On the other hand, looking at the Town Market as a convenience store with gas station, when it comes to signage and impact fees. Obviously, if Mr. White, supported by Mr. Schmitt and Mr. Mudd look at the Town Market as a convenience store with gas in a consistent way, the Occupational Licenses (over 12 occupational licenses were required by your Staff for the Town Market) should be revoked and Collier County should then take ownership and reimburse the Town Market for all the costs invested in building a non conforming project! By this letter, we respectfully request the opportunity to petition the Board of County Commissioners of Collier County to begin an independent investigation of the acts some of the Staff at Collier County performed against the Town Market. Such of these acts are: · Misrepresenting facts to the highest authority in Collier County, the Board of · Misleading the Board of County Commissioners on the legality of providing the Town Market with a certificate of occupancy pdor to paying disputed additional impact fees. · Blackmailing J. Peaceful for pursuing the file further. · Extorting additional unlawful impact fees. · Destroying or conveniently misplacing documents which could be in favor of J. Peaceful. · Unjustly canceling the signage permit which led J. Peaceful to lose over 2 million dollars in direct and indirect losses. · Denying and stalling the appeal to restore the signage permit. · The County looking at the Town Market from the point of view which best suits their own interests, however unfair and without any consistency. · Intimidating J. Peaceful's attorneys in unrelated files which he was dealing with the County. · And other acts which will be disclosed to and through the independent investigation. We believe that your office, intentionally ur not, is intimately involved in the above- mentioned issues as well as Mr. Tom Oliff before you in keeping silent on such injustice! We at Collier County are proud to have great Staff members and we should not accept that some individuals, no matter what their rank and their position is, to destroy the confidence and trust between the taxpayer and the County. In no event should we accept corrupt Staff who, in protecting their ego, or their friendships, could accept putting the interest of Collier County's taxpayers in second position. We respectfully request from Collier County Board of County Commissioners to have an independent investigation regarding the way the Collier County Staff acted and to compensate the Town Market for all it's losses as well as to reimburse the unfair additional impact fees and to press charges against each and every staff member involved in the extortion, blackmailing, intimidation and misleading the Board of County Commissioners and keeping silent to such injustice, as far as filing with the State Attorney for criminal charges to the full extent of the law. We would appreciate being advised in writing, the date for our hearing, which we assume should be scheduled within the next three weeks. And please find attached the 1,200 sign.atures which back up this position. Respectfulityours, Georges CJ-mi.a President NAY i ZOO3 EXECUTIVE SUMMARY VA-2002-AR-3379, AQUATIC ARCHITECTS, INC., REPRESENTING KRIS & JODI ANDERSON, REQUESTING AN AFTER-THE-FACT VARIANCE OF 1.8 FEET FROM THE MINIMUM REAR YARD ACCESSORY STRUCTURE SETBACK OF 10 FEET TO 8.2 FEET FOR A SCREENED ENCLOSURE ADDITION TO A SINGLE FAMILY DWELLING FOR PROPERTY LOCATED AT 349 WIMBLEDON LANE, FURTHER DESCRIBED AS BERKSHIRE LAKES, UNIT 1, BLOCK B, LOT 39, IN SECTION 32, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. To have the Board of County Commissioners consider the petitioner's request for an after-the- fact variance from the 10 foot minimum rear yard accessory structure setback to 8.2 feet for a screened enclosure addition to a single-family dwelling. At the April 8, 2003 meeting of the Board of County Commissioners, the Commissioners moved to continue this request for two meetings, until May 13, 2003. The continuation was granted because the petitioner was not present at the April 8, 2003 meeting. CONSIDERATIONS: The owners, Kris & Jodi Anderson, contracted with Aquatic Architects, Inc. to build first a swimming pool and deck and then a screened enclosure addition over the pool and deck. Aquatic Architects, Inc., subcontracted the construction of the screened enclosure to Hendry Aluminum. A building permit was issued by Collier County for the installation of a screened enclosure addition on the subject property. On completion of the screened enclosure, an as-built survey showed that the screened enclosure was encroaching into the 10 foot rear yard setback area. Collier County Code Enforcement contacted the petitioner, noting that a "Certificate Of Completion" could not be issued due to the rear yard encroachment. The options for the petitioner were to reduce the depth of the screen enclosure by rebuilding the existing screened enclosure addition or seek a variance. The regulations governing the setback of buildings are drafted primarily to reflect the community's desires for maintaining minimum .life, health, safety, light, and air standards, and are established in the Land Development Code. Within the LDC regulations, the minin'mm rear setback limits for accessory structures are 10 feet. - ,~6~t~,~t~l',~ ~-- 1,4AY I 3 2003 ,,.., ~ FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT:, Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: The subject variance is for the rear setback building limits for a screened enclosure addition. There are no unusual environmental issues associated with this petition. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment are required. EAC RECOMMENDATION'-. The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. CCPC RECOMMENDATION_: The Collier County Planning Commission heard this petition on March 6, 2003. The Commissioners heard the presentation by the petitioner and the Staff presentation. Tile Planning Commission voted unanimously (9-0) to approve the motion and forv,,'ard the petition to the BZA v,;ith a recommendation of approval. MAY I 3 2003 Staff has not received any letters of objection. Because the staff recommendation is for denial, this petition could not be placed on the summary agenda. PLANNING SERVICES STAFF RECOMMENDATION: It is staff's opinion that the granting of the variance will not be in harmony with the general intent and purpose of the Land Development Code, specifically, there are no land related hardships, and no special or pm-existing conditions that are related to the property. Therefore, Planning Services staff recommended that the CCPC forward Petition VA~2002-AR-3379 to the BZA with a recommendation of denial. PREPARED BY: PRINCIPAL PLANNER REVIEWED BY: / / /SUSAN MURRAY, AICP ( DATE CURRENT PLANNING MANAGER MARGARET WUERST~,E, AICP D~'ItE ' PLANNINC~,.SERVICES DIRECTOR APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR cxecuti,, e summar~,/VA-2002-AR-3379 MAY 1 3 3 AGENDA ITEM 8-B MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: CURRENT PLANNING SECTION; PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: FEBRUARY 4, 2003 SUBJECT: PETITION VA-2002-AR-3379 AGENT/APPLICANT: AGENT: Aquatic Architects, Inc. 1910 J & C Boulevard Naples, FL 34109 APPLICANT: Kris & Jodi Anderson 349 Wimbledon Lane Naples, FL 34116 REQUESTED ACTION: The applicant is requesting an after-the-fact variance of 1.8-feet from the 10-foot rear yard accessory structure setback, as stipulated in the Supplemental District Regulations of the Land Development Code. A 34.6-foot by 40.3-foot screened enclosure has been constructed on this property and encroaches 1.8-feet into the setback. The petitioner proposes an 8.2-foot rear yard setback from the Lake Tract 'T', of Berkshire Lakes, Unit 1. GEOGRAPHIC LOCATION: The subject property is located at 349 Wimbledon Lane, further described as Lot'-'f~i Berkshire Lakes, Unit 1, as recorded in Plat Book 14 Page 118 through 120 of the ~ublic,._rec_.~o_r_d~ r ! of Collier County, Florida. MAY I 3 2003 Petition VA-2002-AR-3379 1 p~ .... PURPOSE/DESCRIPTION OF REQUEST: The petitioner received approval for a building permit (201060919) for a deck and pool on June 12, 2001 (See Attachment B). Aquatic Architects was the general contractor. The site plan showed that the pool met the minimum rear yard setback requirement, and the deck encroached into the rear building setback area, and public utility and drainage easement a distance of l+/- foot (See Attacb_ment C). On August 15, 2001, the petitioner received approval for a building permit (2001081072) for a 34.6- foot by 40.3-foot screen enclosure over the deck and pool. The approval of the setback for the screen enclosure was based on the survey submitted with the pool building permit application (See Attachment D). A spot survey was completed after the completion of the construction of the deck, pool and screened enclosure. The spot survey showed that the deck and screened enclosure encroached into the rear setback 0.8-foot to 1.8- foot. The Building Department denied the spot survey and has placed a hold on the Cert:,ficate of Occupancy, because of the encroachments. The regulation for Berkshire Lakes PUD, Ordinance No. 83-46, specifies that the rear setback for single-family residence shall be 25-feet. The PUD ordinance is silent regarding the rear setback requirements of accessory structures for single-family residences however, Section 2.03 of the Berkshire Lakes PUD reads as follows: The project is intended to be in substantial compliance with the applicable Collier County general zoning and subdivision regulations as well as other Collier County development codes in effect at the time perrnit plats are requested. The setback requirements for pools and screened enclosures (Section 2.6.2.1.4) in the current Land Development Code specify that the rear setback is 1 O-foot. GROWTH MANAGEMENT PLAN CONSISTENCY: The site is located in the Urban Residential Land Use Designation of the County's Future Land Use Map. The Growth Management Plan does not address individual variance requests: the Plan deals with the larger issue of the actual use. As previously noted, the petitioner seeks a variance for an existing 34.6-foot by 40.3-foot accessory structure to an existing single-family home that is located in a PUD zoning district. A single-family home is an authorized use in this land use desi~o~nation; therefore, it is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element. MAY 13 200~ Petition VA-2002-AR-3379 2 P~" LAND USE AND ZONING: LAND USE ZONING Subject: Single Family Residential PUD Surrounding: North- Lake Tract I PUD East - Single Family Residential PUD South - Wimbledon Lane, internal two-way street West - Single Family Residential PUD (See Attachment E) EVALUATION FOR IMPACTS TO TRANSPORTATION~ INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follo~vs: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No. There are no special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure or building involved. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? No. There are no special conditions and circumstances, which do no ~~)'~ action of the applicant such as pre-existing conditions relative to the prop :rty,,}~hich is the subject of the variance request. MAY 2m3 Petition VA-2002-AR-3379 3 PK-__ __.,,_.,___~______,. -- c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? No. There is no land related hardship. However, if the variance was not approved, the applicant would have to reconstruct the existing screened enclosure to a smaller enclosure surrounding the pool and deck area, which meets the required setbacks. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. A single-family house is a reasonable use of the land. The variance proposed is the minimum required to permit the enclosure as configured by the petitioner. e. SVill granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. The granting of the variance will allow for a reduced rear yard setback that is not permitted for other structures in this zoning district. In addition, no similar variances have been granted in this neighborhood. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Granting the requested variance will not be in harmony with the general intent and purpose of the code. The variance, if approved, would allow the applicant to construct a deck and screened enclosure that is not consistent with the Berkshire Lakes Unit 1 PUD utility and drainage easement requirements, or the Accessory Structure regulations of the Land Development Code. However, the proposed screen enclosure and deck likely would not be injurious to the neighborhood or detrimental to the public welfare. There is an existing lake to the rear of the structure, which will mitigate the impacts of the encroachment. The county has received letters fi.om the Berkshire Lakes Master Association, Time Warner Cable, Florida Power and Light, Sprint, And Collier County Public Utilities Division stating that they have reviexved and approved this request (See Attachments F - J). g. Are there natural conditions or physically induced conditions that arne!iorate the goals and objectives of the regulation such as natural presetwes, lakes, golf courses, etc.? Yes. The property backs up to Lake Tract "F', ,__ Petition VA-2002-AR-3379 4 p~. ~_~_~. h. Will granting the variance be consistent with the Growth Management Plan? Yes. Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that there are no special conditions or circumstances that warrant approval of this variance. Therefore, Planning Services staff recommends that the CCPC forward Petition VA -2002-AR- 3379 to the BZA with a recommendation of DENIAL. G:VA2002AR3379020503 MAY 13 2003 Petition VA-2002-AR-3379 S P~',, ,, G/ PREPARED BY: MICHAEL J.!)/~ff I~UNTZ, ~ DAT]~ PRINC~AL PLANNER REVIE~VED BY: S~SAN MURRAY, AICP / DATE C~NT PLANNING MANAGER APPROVED BY: DA"i'E ' Collier County Planning Commission: KENNETH L. ABERNATH~ CHAIRMAN DATE Staffs report for the Collier County Planning Commission Meeting Tentatively scheduled for the 2003 Board of County Commissioners Meeting Attachments: A. LocatioWSite Map B. Building Permit 201060919 C. Site Plan D. Building Permit 2001081072 E. Reduced Zoning Map F- J Letters K-S Photos Petition VA-2002-AR-3379 VARIANCE PETITION' FROM SETBACK ($) ILEQUIRE~ FOR A PARTICULAR ZOI'rlNG DISTRICT) VA-2002-AR-3379 Petition No. Date Petition Received: _ PROJECT #2002110017 DATE: 1 !/21/02 Commission District: Planner Assigned: ~ DON SCHNEIDER ~') ,-.. ~ t". ~.~,~ " l..',&k, .,'~.' :5?- A. BOVI~ TO BE COI~LPLETF. D BY STAFF GENERAL INFORMATION: .I peri~oner'sAddr~s: ['~,/~C~ ~' [robie ~(~vh ir,. 0 l'h~-_. MAY I 3 20 3 cOLLIER COUNTY COI~IMIJNITY D~rl!~LOPMI~ PLANNING SERVICES/CURRENT PLANNING aS00 N. HORSESHOE DI~IVE - NM.ES, 1~ 34104 PHONE (941) 40~.2400FFA~ (~41) 643-6~65 Complete th~ following for all Association(s) affiliated with this petition. ('Provide 3dditional sheets if necessary) ~llk~. 1~,._\ f~C'~ Name of Homeowner Association~ Name of Homeowner Association: Mailing Address City. Stat~ ~ Zip. Name of I~laster Association: Mailing Address CiW_ State Zip Name of Civic Association: Mailing Address City. State Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Mere & Bounds D~cHpfion: Address of Subject Property: .~ (If~ ~ Petition's ~) Current Zon~g and Land use ofSubj~ Par~: ~~ . ~c K %' '~' Adjacent Zoning & Land Use: LAND USE ZONING _ Minimum Yard Requirement~ for Subject Property. Front: '----'/0 Comer Lot: Yes 1'~ 1'4o Side: '"]. ~ Waterfront Lot: Yes ~ No ~'] ,13 Nntnre of Pefifio~n Provide a detailed explanation of thc re~luest including what $tructur~ ar~ existing and what ia proposed; the amount of enc~oadamcat propos~xl using numbs'a, i.e. reduce front setback from 25' to 18'; wh~a property owner purclxased property; when existing principal structur~ was built (inctuc~ building permit nmnber (s) if possible); why e~rxoachment is n~c~r~ar~q how existing encroachment came to b~ etc. 2. Arc there sp~ial condition~ and circure-,:tz~ces which do oot rcsuh from thc action of the applicant such as prc-cxistin§ conditions relative to th~ property ~bich is ~ sub~cct of the varia~e r~que~L 3. Will a literal i=ter!~tztion of the provisions of th~ zoning code wor~ unoece.ua~ ,,~ u.uduc hardship on thc' appiica, u~ or create t,r~'gcal diffi~alti~ on t~ Wfl] the va~-iance, if gr-ar~c[, bt iht ~ ~' that wiI1 '~"~e Posa/ble the rev-~mable u-ac of the land, building or str~c:urc ~ which !:n~mote staadards o£heaJttL safety ~ MAY IS Will gr~r~tm~ th~ ,ar~ncc bcm h~mcnYw~th th~ i~um~ z~ pm'F°~ °[~ ~ c°~ ~ n~ ~ u~to the nci~borhood, or othcn~e deu-kncn~l to the pobl~c 7. Arc there uat~u-al condition~ or physically m~ccd coucBtion~ that ~"~immtc t~ ~oeh and ob~¢c'tives o. £tBe rcgulstion stw. h ~s n. eun'el l:~servcs, lalms, golf ~ crc. MAY 13 2~,J3 ] COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT ._ .T #: 2001060919 PERMIT TYPE: POOL VALID #: 919 ISSUED: 06-12-01 BY: GARRETT S APPLIED DATE: 06-12-01 APPROVAL DATE: 06-1i MASTER #: 2001060919 COA ~: N/A JOB ADDRESS: 349 WIMBLEDON LN JOB DESCRIPTION: S/F POOL ADDITION JOB PHONE: (941)594-2240 SUBDIVISION ~: 180 - Berkshire Lakes Unit 1 BLOCK: B LOT:.39 FLOOD MAP: 0415 ZONE: X ELEVATION: FOLIO ~: 0000023945011050 SECTION-TOWNSHIP-RANGE 32 49 26 OWNER INFORMATION: CONTRACTOR INFORMATION: ANDERSON. KRISTOFERN=& JODY M AOUATIC ARCHITECTS. INC. 349 WIMBLEDON LN 1750 J & C BLVD., ~1 NAPLES, FL 341046599 NAPLES, FL 34109- CERTIFICATE #: 17159 PHONE: (941) 594-2240 FCC CODE: 329 - STRUCT OTH THAN BLDG-POOL/SEAWALL/DOCK/F CONSTRUCTION CODE: 10 / OTHER JOB VALUE: 27,000.00 TOTAL SQFT: SETBAC'KS FRONT: REAR: 10.00 LEFT: 7.50 RIGHT: 7.50 F~"~ER: SEPTIC WATER: WELL ~ .CT NA~E: RON HAYWARD COL~rACT PHONE: (9411594-2240 Per Collier Coun%' Ordinance No. 2002-01, as it may be amended, all work must comply ~Sth all applicable laws, codes, ordnances, and any additional stipu Imions or conditions of this permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit. Additional fees for fail Lng to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed must be a licensed contractor and thax the s~mcture must not be used or occupied until a Certificate Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERA AND STATE LAWS REQUIRE THE PERMITrEE (EITHER TI:W. OWNER OR CONTRACrOR) TO SUBMIT A NOTICE C THE INTENDED WORK TO THE STATE DEPARTblENT OF ENVIRONIVlENTAL PROTECTION (DEP). FOR MORE ENFOILMATION, CONTACT DEP AT (239) 332-6975. In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this count)', and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARND;G TO OWNER: YOUR FAmURE TO RECORD A NOTICE OF CO5IMENCEMENVT MAY RESULT IN YOUR PAYENG TWICE FOR DdPROVEStENTS T( YOUR PROPERTY. IF YOU D/TEND TO OBTAIN FENANCING, CONSULT %VITH YOUR LENDER OR AN ATTORN-EY BEFORE RECORDENG YOUR COlX'UVIENCENEENT. x~.~[ ~_. -- ATTACHMENT "B" - NOT FOR CONSTRtJGTION HOT FOR DESIGN ~CAI. OE~CRI~0N : IN eLa; ~OOK 14, PA6E$ 118 INCLU$IV~ ~ t~ PUBLIC COUN7 ~. I LDRID~ LA VrER5 TITLE INSURANCE CERTTFTCAT]ON : I CEg~TIg'¥ THAT T~IS SUR~Y W&S MA~ UNDER MY DI~[C~O~ AN0 TIfAT IT C~TON W. ~;ST~ P~ i24~ ~0~ C~D~K. ~U ~567t r~s~o TO T~ S~Y~ ~ ~e JE~Y ][ I~C023. P~ ~88 ~ND F. D~A~D. P~ 4100 C~P~ATE SO. 8L~. S~ 153 ~E~SION~ NAPLES. FL~qIDA ~4104 ~. F.L.A. SURVEYS CORP. 9,1-6a3-28~2 FaX e,~-.~aa AGE.AliSA. -,~¢,] HwA m~ECKEDOY: J 941-275.8660 FAX 175-3367 98--N2155 ' MAY 13 ATTACHMENT "C" __ , COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT P_:. T #: 2001081072 PERMIT TYPE: SCCG VALID #: 072 ISboED: 08-15-01 BY: GARRETT S APPLIED DATE: 08-15-01 APPROVAL DATE: 08-15 .~ASTER ~: 2001081072 COA #: JOB ADDRESS: 349 WIMBLEDON LN JOB DESCRIPTION: RES.POOL ENCLOSURE JOB PHONE: SUBDIVISION ~: 180 - Berkshire Lakes Unit 1 BLOCK: B LOT: 39 FLOOD MAP: 0415 ZONE: X ELEVATION: FOLIO %: 0000023945011050 SECTION-TOWNSHIP-RANGE 32 49 26 DWNER INFOR/VL~TION: CONTRACTOR INFORMATION: ANDERSON. KRISTOFERN=& JODY M HENDRY ALUMINUM 349 WIMBLEDON LN 6132 IDLEWILD STREET UNIT 1 & 2 ~APLES, FL 341046599 FORT MYERS,FL 33912- CERTIFICATE ~: 10887 PHONE: (941) 369-5326 FCC CODE: 329 - STRUCT OTH THAN BLDG-POOI,/SEAWALL/DOCK/F iONSTRUCTION CODE: SCRN1 / SCREEN ENCL - SCREEN ROOF /OB VALUE: 3. 000.00 TOTAL SQFT: 700 3ETBACKS FRONT: REA/~: 10.00 LEFT: 7.50 RIGHT: 7.50 -~ ~R: SEPTIC WATER: WELL ~. \CT N.~ME: TOM HENDREY iO.._ACT PHONE: (941)369-5326 Per Co,Her CounD' O~dinance No. 2002-0], as it may be amended, ail work must comply Mth all applicable laws, codes, ordinances, and any addifion~ stipule/ions or conditions or,his permit This pe~nit exp~es if work autho~ed by the pe~nit is no~ commenced wi~in six (6) mon~hs ~om the d~te of issuance ofthe permit. Additional fees for failing to obtain permits prior to the commencement of Construction may be imposed. Permit-tee(s) further understands that any contractor that may be employed must be a licensed Contractor and that the structure must not be used or occupied until a Certificate Occupancy is issued. ~/OTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAl kND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE O FIlE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE 5NFORMATION, CONTACT DEP AT (239) 332-6975. ~n addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in :he public records of this county, and there may be additional permits required from other governmental entities such as water nanagement districts, state agencies, or federal agencies. 'WARNBNG TO Ox, VNER: YOUR FAILURE TO RECORD A NOTICE OF COSD, IENCESIENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS T( YOLT{ PROPERTY. IF YOU INTEND TO OBT'AIN FINANCING, CON,,~.Uj~~~Y_~Q~ U; q)ER ^TTOmXE¥ r ECOm)ING YOU '1 CO P,'IENCEMENT. .... (-- I MAY SANTA BARBARA BOULEVARD _ ATTACHMENT "E" FROM : Bt.H~q VP.~ N~. : 12393533770 Dec. ~0 2002 Berkshire Lakes Master Association 495 Bclville Blvd. Naples, Fl. 34104 Phonc239-353.7633 Fax !39-353-3770 E-mail BL-MA495(.~aol.com FAX COVER SHEET FAX#: 594-2250 Date: 12/30/02 Pages: 1 To: 'IHsh, Aquatic Axchhe,:hs From: Linda W. Smith, C.A.bL (general Manager Subicct: 349 Wimbledon Lane/Anderson Comments: Neither you nor the letter from Don Schneider, Pri.n. cipaI P/anner fur Collier County Community Development Services indicated that the variance being sought for this pool was indeed after the fact of installationl Therefore, I went on the assumption that the Andersons had to start from thc beginning. After receiving a copy of thc fax I sent to Don, Jody Anderson called today regarding the matter and this is when I learned that the pool was built over a year ago. After calling you, I unde:'stand that all you need is a statement of no objection from Berkshire L:tkes 5faster Association, Inc. in regards to this variance petition. There is a copy of the p~,ol plan with the application in on ~une !2, 2001 without excep.:ion or notations. Therefore, as a representat/ve of the BLMA ! :~m sending this fax as the letter of no objcctlon for the variance petiton # VA-2002-AR-3379 being sought by your company. Copy to: Don Schneider/Collier Co. Community Development _A nderson/349 5 ~imbledon Lane Robert Stark/ARB AG£,~0A ~IAY _ ATTACHFIENT "F" COLLIER COUNTY GOVERNMENT ............ 3301 F,. TAM.I..tMI TRAIL L~!.~_~_U_T~~ NAPLES, FI, 34112 (941) 73: .257§ November 8, 2002 FAX: (941) '; 32-2526 Trish KappauF Aquatic Architects 5780 Taylor Road, Suite 3 Naples, Florida 34109 Re: 349 Wimbledon Lane, Berkshire Lake..s. ......... ... Easement Vacation ........... Dear Ms. Kappaufi This office has reviewed your request to vacate a portion of the utility and drainage ea~::ment along the north border of the lot 39, ,~t the above referenced address. The Collier County Water-Sewer Di,,tfict has no t~acilitie-s' in the area and therefore hm; ho objection to the vacation of the utility and drainai.e easement. Should you have any further questim ~s, please feel free to contact me at 732-2571. .~ Sincerely, cc: Pad Mattausch, Water Director Joseph Cheatham, Wastewat.~r Director Rick '*~ Gn==, l~and Surveyor, ,~'ommumty Development Sep 17 02 03:2~p Time Warner 239 455 2187 Grant Pate Constructm Su£erelsor ,T ME WARNER CABLE September 17, 2002 Aquatic Architech$ 5780 Taylor Road, Suite 3 Naples, FL 34109 RE: 349 [~ntblcdon Lane/Ber~ ~shire Lakes Letter of 5.to Objection to 7acate Easements Dear Mr. Ryan: Time Warner Cable (TWC), wi'h franchise ~thority in Collier County, and Flotidt Cabtevision Management Corpor:ttion, its operating entity, has reviewed the site plan the above-referenced project. TIti$ letter will serve as our letter of no objection to vacation of the easements. Should you have any questions or require any additional information, please do hesitate to contact me. Sincerely, FOR TIME WARNER CABLE ..45rant Pate Construction Supervisor GP:dm cc: Commercial Developme:tt Dept. TWC Joe Crone, Technical Op xations Director TWC , .' ,~_.~,_~. olo-'o'hTc'ruct''~'aPt~'Fl°ru'~J4,16Telt'941) 59'g'll(J''F~'(9't'l)'5''7'2I'g? Tenth Street. Cn~ Corral, ~ ,ndo 33990 l',l [911) 574-2020 Fax (9'tl) l)ir'i~ion ~ 'f~e Wn~er Ente~ai., .tettt, L.~. ASSOCIATE PROJECT DESIGNER -- 4105 15TM AVE SW NAPLES, FL 34116 FPL 239-353o6070 .~, m. ~o~, c,mv,'~v FAX 239-353-6082 AQUATIC ARCHITECHS 5780 TAYLOR RD SUITE #3 NAPLES, FL 34109 RE:LETTER OF NO OBJECTION 349 WIIvIBLDON LN-BERKSHIRE LAKES DEAR TKISH: PER OUR CONVERSATION TOD, kY 9/I 1/02, IN REGARD TO THE ABOVE A'DIi}RESS. THERE IS NO CONFLICT WITH I. TILITY EASEMENTS IN THE BACK OF PROPERTY, OUR UNDERGROUND FACILITII iS ARE LOCATED AT FRONT OF PROPERTY,'. IF YOU HAVE ANY FURTHER Q JESTIONS PLEASE DO NOT HESITATE TO {.TALL ME AT 353-6O70. ANNE HAKRIS ASSOCIATE PROJECT DESIGNE K GOLDEN GATE i MAY 13 200:; 1 ATTACHMENT "I" Naples, FL 541~)6.': i69 September 13, 2002 Mr. James E Ryan Aquatics Architects 5780 Taylor Road Suite 3 Naples, Florida 34109 RE: Vacating Public Utility Easeme tt Dear Mr. Ryan Itt response to your letter dated Sepl.'mber 12, 2002 Sprint-Florida, Inc. has no objectior to the vacation of the public utility ~ nd drainage easement located at 349 Wimbledon Lane, Naples Florida i~ tho Berkshi ~e Subdivision. If you should require any additional information, please contact me at (941) 263-6343. Sincerely, Bryan C. Brashear Network Engineer BCB/jw M/,Y t3 2003 · :.- .......-.-..~£~ ~~~g:h -- ATT:>,CHMENT "~T" ATTACHMENT "K" "--'-- MAY 1 N1AY 13 200,3 ATTACHMENT "M" ' MAYi, g.~t3 20133 ATTACHMENT "'N" __ ATTACHMENT "Q" NAY 13 21Xl3 g. TT~CHI~IENT "R" ATTACHMENT "S" RESOLUTION NO. 03-, A RESOLUTION RELATING TO PETITION NUMBER VA-2002-AR-3379. FOR AN AFtER-THE-FACT VARIANCE ON PROPERTY HEREINAFFER DESCRIBED IN COLLZER 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, pursuant thereto the County, has adopted a Land Development Code (Ordinance No. 91-102 as amended) establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly constituted Board of the area hereby affected, has held a duly noticed public hearing, and has considered the advisability of a 1.8-foot variance from the required 10-foot rear yard setback to allow a setback of 8.2 feet for the accessory use as shown on the attached plot plan, Exhibit "A," and has found as a matter of fact that satisfactory provisions and arrangements have been made concerning a/I applicable matters required by said regulations and by Section 2.7.5 of the Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given an opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLI'E.R COUNTY, FLORIDA, that: The Petition VA-2002-AR-3379 filed by Aquatic Architechs, representing Kristopher and Jody Anderson, with respect to the property hereinafter described as: Lot 39, Block B, Berkshire Lakes Unit I, Section 32, Township 49 South, Range 26 EAst, Collier County, Florida, be and the same hereby is approved for a 1.8 foot variance from the required rear yard setback, and public utility and drainage easement of ten feet (I0') set forth in Section 2.6.2.1 of the Land Development Code, Ordinance No. 91-102 as amended, to allow a set back of 8.2 feet to the accessory structure as shown on the attached plot plan, Exhibit "A," subject to the conditions set forth on attached Exhibit 'B." BE 1T FURTHER RESOLVED that this Resolution relating to Petition Number VA-2002-AR-3379 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA TOM HIiNNING, CHAIRMAN Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney VA-2002.AR-3379/NtD MAY 1 3 EXECUTIVE SUMMARY PETITION PUDZ-02-AR-3095, MR. RICHARD D. YOVANOVICH OF GOODLETTE, COLEMAN & JOHNSON, REPRESENTING MARIAN GERACE & WALLACE LEWIS, JR., REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL TO PUD, PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE LIVINGSTON VILLAGE PUD ALLOWING FOR A MAXIMUM 590 RESIDENTIAL DWELLING UNITS FOR PROPERTY LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD (C.R. 881) AND WEST SIDE OF THE 1-75 RIGHT-OF-WAY IN SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider an application to rezone the subject 149 acre site as noted above to allow for a mix of single and multi family dwelling units that are consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained in this community. CONSIDERATIONS: The Livingston Village PUD is proposed to permit a mix of residential dwelling types and is designed around five centrally located lakes. The development site also includes conservation and open space areas totaling 34.1-acres. The residential areas are comprised of four residential tracts totaling 89.8- acres that support a mix of residential dwelling types and recreational amenities. The list of permitted uses and structures includes single-family (detached and attached), single family/zero lot line, duplex and multi-family dwellings. The project proposes a maximum of 590 dwelling units resulting in a density of 3.9 units per acre. The PUD Master Plan indicates that the lake system will be approximately 14.5-acres in size while the landscaping and open space areas total the minimum required 60 percent for residential PUDs. The Master Plan also provides for the entrance road from Livingston Road and from the northern property line, which is part of the potential Green Boulevard extension. This road segment is not listed in the Transportation Element and is not funded for construction within the 5 Year Work Plan. Staff has reviewed the applicant's Traffic Impact Statement (TIS), evaluated the potential transportation impacts of the proposed application and has the following comments. The site-generated triF s are estimated to be approximately 4,445 Weekday Trips based on a projected mix of 297 single family and 293 townhouse/condominium dwelling units. The project will have a significant impact on Livingston Road at the site entrance but the total trips will not adversely affect the roadway level of service. The project will not have significant impacts on the remainder of the roads within the radius of influence. The project trips will not lower the operational level of service standards on any of the roadways within the influence area where the project has impacts of significance. Therefore, this petition is consistent with Policies 5.1 and 5.2, of the Transportation Element. MAY 1 3 2003 Since the PUD Master Plan shows a secondary access point onto the potential Green Boulevard Extension, which is not listed in the County's 5-Year Work Program, the applicant, either independently or in conjunction with the property owner to the north (the Balmoral PUD), may wish to construct Green Boulevard Extension from Livingston Road to the project entrance either as a private access roadway, or as a public roadway in exchange for road impact fee credits if the County determines that Green Boulevard should be extended in the area. An entrance into the Livingston Woods PUD is proposed from this new road and will be approximately 1,200 feet of Livingston Road. It will also be opposite a proposed future secondary access to the Balmoral PUD to the north. Lastly, Policy 9.3 of this Element encourages the interconnection of local streets between developments when feasible. Because the subject site abuts the developed Wyndemere PUD to the south, the proposed Green Boulevard extension to the north and 1-75 to the east, no interconnection appears feasible. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be developed. The mere fact that new development has been approved will result in ~uture fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. "'" These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to the 590 residential dwelling units: · Park Impact Fee: $578.00 per unit · Library Impact Fee: $180.52 per unit · Fire Impact Fee: $0.15 per square feet of building · School Impact Fee: $827 per unit · Road Impact Fee: $890 per unit · Correctional Facilities: $117.98 per dwelling unit · Radon Impact Fee: $0.005 per square foot of building · EMS Impact Fee: $2 per unit · Buildin~ Code Adm.: $0.005 per square foot of building · Micro Film Surcharge: $1.50 per unit For an average unit size of 1,000 square feet, the total fiscal impact will be $2,757.18 per unit. Since this project proposes 590 units, the total amount of residential impact fees collected at build-out will total $1,626,718.50. It should be noted that because impact fees vary by land use type and because this ~,,.. approval does not provide this level of specificity as to the actual type of use, the total im ~act fee is at best a raw estimate. Additionally, there is no guarantee that the project at build-oi t wi~p, ittsl~rll~ maximized its authorized level of development. ~ ~ ~ MAY 1 3 2003 Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The Livingston Village PUD is designated Urban (Urban - Mixed Use District, Urban Residential Sub- district as designated in the Future Land Use Element (FLUE) of the Growth Management Plan. The Urban Residential Sub-district permits residential development along with a variety of unit types and at a base density of 4 dwelling units per acre. This district is intended to accommodate a variety of residential and non-residential uses, including mixed-use developments in the form of a Planned Unit Development. Based upon the above analysis, staff concludes that the proposed 590 unit residential development at a density of 3.9 units per acre can be deemed consistent with the FLUE. ENVIRONMENTAL ISSUES: Because the site has been previously cleared for agricultural purposes and the remaining wetland areas are preserved on-site, no Environmental Impact Statement (EIS) was required. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental staff has developed conditions of approval that have been incorporated into the PUD document. As a result, this petition was not required to go to the Environmental Advisory' Commission (EAC). COLLIER COUNTY PLANNING COMMISSION {CCPC} RECOMMENDATION: The CCPC heard this petition on April 17, 2003 and by a voted 5 to 3 to forwarded Petition PUDZ-02- AR-3095 to the Board of County Commissioners (BCC) with a recommendation of appr ~val ~ staff stipulations and the following additional changes. MAY 132003 ~'"' · Revise Section 2.17.B.5 of the PUD document to limit the height of project entrance signs to 15 feet. · Revise Section 2.17.G.5 of the PUD document to limit the time the temporary signs may remain in place with permanent signage to 75 percent build-out of the project. · Revise Section 2.5.E of the PUD to reference the LDC requirement for excavation blasting distance of 350 feet. · Revise Table 3-1 of the PUD document to require a 6-foot side yard setback for Zero Lot Line and revise note to indicate setback is measured from back of curb. · Revise Section 2.20 of the PUD document to provide the updated Transportation Department stipulations that are consistent with the Land Development Code and State Statutes prior to the BCC meeting on this item. In addition, add reference to require the dedication of the western portion of Green Boulevard extension if the County determines that it is necessary to connect Whippoorwill Lane to Livingston Road. · Delete paragraph 3 on page 4-2. The Planning Commissioners that recommended approval found that this petition is consistent with the GMP and to be compatible with the surrounding development. The three Planning Commissioners that recommended denial indicated that the petition be continued to allow time for the applicant and the Transportation Department to resolve the remaining transportation commitments. It should be noted that staff has not received any correspondence for or against this petition, however, because three Commissioners voted for denial, this petition could not be placed on the summary agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDZ-02-AR-3095 subject to the stipulations contained in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. IdAY 13 2003 PI~EPARJ~D BY: RAY ~LO~,'CHIEF PLA~ER DATE CU~NT PL~G SECTION REVIEWED BY: SU~4' ICP, MANAGER DATE CORP~N_T/PLANNIN G SECTIOI'~ MARGARET ~/~JERSTLE, AICP, DIRECTOR DATE PLANNING S~6,VICES DEPARTMENT APPROVED BY: / Jo, gEmini K. SCHMIT~ADMINISTRATOR C~J~MUNITY DEV. AND ENVIRONMENTAL SVCS. PUDZ-0 t-AR-3095/EX SUMMARY/RVB/rb MAY 1 3 2QQ3 ~ MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: APRIL 1, 2003 RE: PETITION NO: PUDZ-02-AR-3095, LIVINGSTON VILLAGE PUD OWNER/AGENT: Agents: Richard D. Yovanovich Michael R. Fernandez, AICP Goodlette, Coleman & Johnson Planning Development Inc. 4001 Tamiami Trail North 5133 Castello Drive, Suite 2 Naples, Florida 34103 Naples, Florida 34103 Owner: Marian Gerace & Wallace Lewis, Jr. C/o Steven Landy 1221 Brickell Avenue Miami, Florida 33131 GEOGRAPHIC LOCATION: The properD' is located on the east side of Livingston Road (C.R. 881) and approximately one mile south of Pine Ridge Road (C.R. 896) in Section 19, Township 49S, Range 26E. (See location map following page). REQUESTED ACTION: To have the herein described property rezoned from "A" Rural Agricultural to the "PUD" Planned Unit Development district to be known as the Livingston Village PUD. PURPOSE/DESCRIPTION OF PROJECT: The proposed 148.98 acre PUD is a planned mixed residential development that is designed around five centrally located lakes and includes conservation and open space areas totaling 34.1 acres. The residential areas comprise four residential tracts totaling 89.8 acres that support a mix of residential dwelling types and recreational amenities. The list of permitted uses and structures includes single- family (detached and attached), single family/zero lot line, duplex and multi-family dwe lingsAi~l~._..ff~ petitioner is proposing a maximum of 590 dwelling units at a density of 3.9 units per acre TheI~RUD Master Plan (EXHIBIT "A") indicates that the lake system will be approximately 14.5 a( 'es in size MAY 1 3 2003 while the landscaping and open space areas total the minimum required 60 percent for residential PUDs. The Master Plan also provides for the entrance road from Livingston Road and from .the northern property line, which is part of the Green Boulevard extension. This road segment is not listed in the Transportation Element and is not funded for construction within the 5 Year Work Plan. SURROUNDING LAND USE AND ZONING: Existing: The entire 148.98-acre site is zoned "A" Agricultural and has been previously farmed as shown in the aerial photograph below. Surrounding: North- Green Boulevard Extension and the undeveloped Balmoral PUD tha. is approved for 236 units at 4 units per acre. East - To the east is the 1-75 right-of-way and lands zoned "E" Estates. South - On the south side is the developed Wyndemere PUD that is approved for 634 units and at a density of 1.32 units per acre along with 18 holes of golf. West- To the west across Livingston Road is the Grey Oaks PUD th~ b .... ~ ..... units and a density of 0.77 units per acre along with 609 acres ff gt~,....~,~l ~L_~evaa MAT 1 3 2003 GROWTH MANAGEMENT PLAN CONSISTENCY. The site is located within the Urban-Mixed Use District, Urban Residential Subdistrict as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (EXHIBIT "B"). Future Land Use Element: The Urban Residential Sub-district permits residential development along with a variety of unit types and at a base density of 4 DU/A. This district is intended to accommodate a variety of residential and non-residential uses, including mixed-use developments in the form of a Planned Unit Development. Based upon the above analysis, staff concludes that the proposec' 590 unit residential development at a density of 3.9 units per acre can be deemed consistent with the FLUE. Transportation Element: Staff has evaluated the potential transportation impacts of a 590-unit residential project and has the following comments. The site-generated trips are estimated to be approximately 4,445 Weekday Trips based on a projected mix of 297 single-family and 293 townhouse/condominium dwelling units. The project will have a significant impact on Livingston Road at the site entrance but the total trips will not adversely affect the roadway level of service. The project will not have significant impacts on the remainder of the roads within the radius of influence. The project trips will not lower the operational level of service standards on any of the roadways within the influence area where the project has impacts of significance. Therefore, this petition is consistent with Policies 5.1 and 5.2, of the Transportation Element. Since the PUD Master Plan shows a secondary access point onto the Future Green Boulevard Extension, which is not listed in the County's 5-Year Work Program, the applicant, either independently or in conjunction with the propetJty owner to the north (the Balmoral PUD), may wish to construct Green Boulevard Extension from Livingston Road to the project entrance either as a private access roadway, or as a public roadway in exchange for road impact fee credits. Lastly, Policy 9.3 of this Element encourages the interconnection of local streets between developments when feasible. Because the subject site abuts the developed Wyndemere PUD to the south, the proposed Green Boulevard extension to the north and 1-75 to the east, no interconnection appears feasible. Conservation and Open Space:. The PUD document indicates that the combination of landscape areas, lakes, water management areas, and qualifying open space areas exceeds sixty (60) percent of the gross land area. The PUD will also achieve native vegetation preservation or re-vegetation requirements of the LDC and by re-vegetation of native species, therefore the Conservation and Open Space elements of the GMP will be achieved by the PUD development strategy. Utilities and Water Mana~,ement: Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned and maintained in accordance with the Collier County Ordinance Number 97-17. Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a function of obtaining subsequent development order approvals. The above-prescribed course of action makes this petition consistent with this element of the GMP. MAY 1 3 2003 HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE~ The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, along with the Transportation Department. Because the site has been previously cleared for agricultural purposes and the remaining wetland areas are preserved on-site, no Environmental Impact Statement (EIS) was required. The Environmental staff has developed conditions of approval that have been incorporated into the PUD document. As a result, this petition was not required to go to the Environmental Advisory Commission (EAC). The Transportation Department has also reviewed this petition from a transportation operations standpoint and they have the following recommendation that the petitioner has agreed to the following. The developer shall reserve acreage along its northern property line for a segment of the potential future extension of Green Boulevard from Santa Barbara Boulevard to Livingston Road. The reservation shall be the northernmost 75 feet between Livingston Road and the mid section line, approximately 4.5 acres, and the northernmost 100 feet width between the mid section line and 1-75, approximately 5.3 acres. EVALUATION: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. A summary of each of the potential impacts or considerations identified during the staff review is listed under each of the criterion and culminates in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. (See pages "8" and "12" of the staff report) Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: MAY 1 3 Relationship to Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the FLUE of the GMP. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the subject site and adjacent land will be used for urban residential purposes, and in fact the subject property is near existing residential lands to the north, south and west. Based on this consistency with the FLUE, staff is of the opinion that the proposed dwelling types are compatible with the future development proposed for this area. Relationship to Existing Land Uses: With respect to the matter of relationship to existing land uses and compatibility, this is an evaluation whose primary focus is similarity of land use. The petitioner' s stated intent is to primarily construct single-family structures along with townhouse multi-family dwellings. This compares favorably with the surrounding land uses, which includes the undeveloped Balmoral PUD to the north approved at 4 units per acre and the existing Wyndemere PUD to the south. To the west is Livingston Road the Grey Oaks PUD that permits a total of 1,136 dwelling units at a density of 0.77 units per acre. To the north east lies is the Whippoorwill Woods PUD that is approved for 462 units at a density of 6.39 units per acre. Based on the existing approved developments in the area, staff is of the opinion that the proposed PUD is compatible subject to staff stipulations. The proposed dwelling units are integrated around the water management lakes, landscape buffers and preserve areas as depicted on the PUD Master Plan. The PUD Document also limits the maximum height of the single-family detached and duplex units to a maximum height of 35 feet for the single-family units and 45 feet for the multi-family structures. This is the same height restriction that was approved for the Balmoral PUD. In addition, the proposed setbacks are 15-feet in the front yard, 5-feet for the side yard and a rear yard setback of 20 feet. The Balmoral PUD to the north requires a front yard setback of 15 feet with a side entry garage, a side yard setback of 6-feet for the townhouse and zero lot line units and 20 feet for the rear yard setback. The proposed development strategy for this PUD permits a mix of dwelling types such as: single family, two family and multi-family dwelling housing structure types are generally compatible with the surrounding residential zoned properties. The petitioner has now agreed to provide development standards that are comparable with the adjacent developments including the provision for a side yard setback of 6 feet. Whippoorwill Lane Master Plan Study (EXHIBIT "C") - Planning Services Staff recognizes the need to insure that a coordinated review of this project's impact along with the impacts of other proposed developments in the area are analyzed in a comprehensive way. In order to determine the overall stormwater drainage, traffic circulation and utility needs for the Whippoorwill Lane area to the north, a Master Plan has been prepared to study those areas of concern. Collier County has coordinated with the local property owners in developing the Master Plan for the construction of roadway, water, sewer and stormwater improvements. This project has been reviewed for consistency with the Draft Master Plan. Staff is of the opinion that the required improvements imposed on this and other developments should positively contribute to easing the burden of traffic impacts in the area. This will be accomplished by a proposed construction of Whippoorwill Lane in two phases. The first phase shall be approximately 1,450 feet and shall terminate just beyond the intersection with Nighthawk Road. The second phase will extend from the terminus of Phase I to the entrance of Whippoorwill Woods. A future connection of this road with a possible future extension of Green Boulevard to Livingston Road will lessen the amount of traffic at the intersection of Li ~ngs~ and Pine Ridge Road. MAT 1 3 2003 5 However, since the Green Boulevard is not listed in the County's Work Program, it is not part of the Whippoorwill Lane Corridor Master Plan Study. Lastly, the site generated traffic produced by this project by itself does not exceed the threshold that supports a decision to deny or phase development even though the aggregate projects proposed in this area will have a significant impact on Pine Ridge Road. The subject petition is also consistent with the Master Plan in regards to utility infrastructure since both the public sanitary sewer and municipal water supplies are available to the property and will be extended as a consequence of future platting. The water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County. In regards to stormwater management, this petition is consistent with the Draft Master Plan for the area and is also subject the permitting process of the South Florida Water Management District and the surface water management requirements invoked at the time of subdividing or SDP approval. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of petition PUDZ-02-AR-3095 subject the conditions of approval that have been incorporated in the PUD document. It should be noted that the petitioner has not agreed to the following changes that staff has made to the PUD document. · A revision to Section 2.17.B.5 of the PUD document to limit the height of project entrance signs to 10 feet while the applicant has requested 20 feet. · A revision to Section 2.17.G.4 of the PUD document to limit the height of temporary signs to 10 feet above the finished ground level while the applicant has requested 20 feet. · A revision to Section 2.17.G.5 of the PUD document to limit the time the temporary signs may remain in place with permanent signage to 75 percent build-out of the project while the applicant has requested that the signs remain in place until the project is 99 percent built-out. · A revision to Table 3-1 of the PUD document to require a side yard setback for Zero Lot Line projects to provide 0 feet on one side and 12 feet on the other side. The petitioner is requesting that the side yard setback be 0 feet on one side and 10 feet on the other side. MAY 1 3 6 PREPARED BY: J~t /%~_ .~/¢.~% ~-3.o~ PAY BI~Lb~, CHIE LANNER DATE CURRENT PLANNING SECTION ' REVIEWED BY: ~ M-0RR~Y, A'ICP, ~L~NA6-~rR DATE · CURRENT PLANNING SECTION MARGA W ERSTL~AICP,'DI~CTO AP~OVED BY: ~ C~MML~ITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the April 17, 2003 CCPC meeting. KENNETH L. ABERNATHY, CHAIRMAN RVB/rb/STAFF REPORT/PUDZ-02-AR-3095 7 [ MAY132003 REZONE FINDINGS PETITION PUDZ-02-AR-3095 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Development Orders deemed consistent with all applicable elements of the Future land Use Element (FLUE) of the Growth Management Plan (GMP) should be considered a positive relationship. The proposed Livingston Village PUD development is in compliance with the FLUE of the GMP. 2. The existing land use pattern; The adjacent uses include single and multi-family residential to the west and the approved Balmoral PUD to the north. There is the developed residential Wyndemere PUD to the south (See Staff Report) 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE of the Growth Management Plan. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed Livingston Village PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The proposed amendment will not change these boundaries. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed Livingston Village PUD is appropriate based on the permitted land uses and compatibility with adjacent land uses. Furthermore, the subject PUD has a positive relationship to the GMP. 6. Whether the proposed change will adversely influence living con~ neighborhood; I -X2t _2 MAY 1 3 La3Q3 The proposed development standards (i.e. setbacks, landscaping and open space) made a condition of approval will go a long way toWards offsetting any potential adverse influences and will not adversely influence living conditions in the neighboring - developments. Furthermore, the conditions for approval have been promulgated and designed to ensure the least mount of adverse impact on adjacent and nearby developments.- 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. This petition was approved by the Transportation Department subject to the conditions of approval as contained in the PUD Document. In addition, this project when developed will not excessively increase traffic congestion on the arterial road network. In the final analysis all rezone actions are subject to the Concurrency Management System. 8. Whether the proposed change will create a drainage problem; The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent .... property over and above what would occur without development. However, as urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. In summary., every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. The Livingston Village PUD was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts concerning the need to provide the required open space. The subject development standards are designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. MAY 1 3 2OO3 10. Whether the proposed change will adversely affect property values in the adjacent area; Typically urban intensification increases the value of contiguous underutilized land. However, this is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed rezone to the Livingston Village PUD complies with the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with said plans. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the Growth Management Plan as follows. The Urban Residential Sub-district permits residential development along with a variety of unit types and at a base density of 4 dwelling units per acre. This district is intended to accommodate a variety of residential and non-residential uses, including mixed-use developments in the form of a Planned Unit Development. Based upon the above analysis, staff concludes that the proposed 590 unit residential development at a density of 3.9 units per acre can be deemed consistent with the FLUE. It should be noted that this FLUE designation is intended to encourage urban residential development ~o I MAY 1 3 21303 · i 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The Livingston Village PUD is designed in a manner that is compatible with surrounding and approved PUD property in size and scale. It is also consistent with the Future Land Use Element of the Growth Management Plan. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. (See the Staff report for a more detailed review) 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. The extent of site alteration will be determined as a function of obtaining a Site Development Plan and/or a preliminary subdivision plat approval to execute the PUD's development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier Count3' Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FINDINGS/AR-3095/RVB/rb MAY lB 2003 11 FINDINGS FOR PUD PUDZ-02-AR-3095 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area of Collier County. Development of land that has legal access, and is adjacent to existing residential development is particularly suitable for a mixed dwelling type housing project as provided for in the Livingston Village PUD. Conversely, existing neighboring residents may perceive the proposed increase as intensification near their neighborhood as contributing factors to increasing noise, blocking views and reducing property values. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property,. Development conditions contained in the proposed PUD document give assurance that all infrastructures will be developed and are consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with LOS relationships as prescribed by the GMP. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the Livingston Village PUD application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). The subject petition has been found consistent with the goals, objectives and policies of the GMP. The subject PUD proposes for a m,x of residential dwelling types, which is consistent with the GMP (See Staff report). 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. ~ i J MAY 1321103 1 The subject residential PUD provides criteria for a common architectural design and development standards. In addition, landscaping has been provided to buffer the adjacent residential developments. The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of lakes and open space separation. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed Livingston Village PUD will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater ,_ disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those development standards for cluster housing. However, staff is recommending that the minimum side yard setback be 6 feet instead of the proposed 5 -foot side yard setback. MAY 132003 PREPARED BY: ff RAY BIOE'Lb~aT~, ~HIEF PLIER DATE CU~NT PLA~G SECTION REVIEWED BY: ~USAN MURRAY, A'ICP, ~u~NAC~R DATE CURRENT PLANNING SECTION ~LAARN~G A RG~V~ ~ ~LD~ ~AI CR~MD~N~CTOR APPROVED BY: ~'EPH~~RATOR D~T/~-~ WMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the April 17, 2003 CCPC meeting. KENNETH L. ABERNATHY, CHAIRMAN RVB/rb/STAFF RE PORT/PUDZ-02-AR-3095 REZONE FINDINGS PETITION PUDZ-02-AR-3095 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Development Orders deemed consistent with all applicable elements of the Future land Use Element (FLUE) of the Growth Management Plan (GMP) should be considered a positive relationship. The proposed Livingston Village PUD development is in compliance with the FLUE of the GMP. 2. The existing land use pattern; The adjacent uses include single and multi-family residential to the west and the approved Balmoral PUD to the north. There is the developed residential Wyndemere PUD to the south (See Staff Report) 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE of the Growth Management Plan. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed Livingston Village PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The proposed amendment will not change these boundaries. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed Livingston Village PUD is appropriate based on the permitted land uses and compatibility with adjacent land uses. Furthermore, the subject PUD has a positive relationship to the GMP. 6. Whether the proposed change will adversely influence living cond neighborhood; 13 2003 The proposed development standards (i.e. setbacks, landscaping and open space) made a condition of approval will go a long way towards offsetting any potential adverse influences and will not adversely influence living conditions in the neighboring developments. Furthermore, the conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular trattie, including activity during construction phases of the development, or otherwise affect public safety. This petition was approved by the Transportation Department subject to the conditions of approval as contained in the PUD Document. In addition, this project when developed will not excessively increase traffic congestion on the arterial road network. In the final analysis all rezone actions are subject to the Concurrency Management System. 8. Whether the proposed change will create a drainage problem; The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. However, as urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. In summary., ever3' project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. The Livingston Village PUD was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts concerning the need to provide the required open space. The subject development standards are designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. MAY 1 3 20113 9 10. Whether the proposed change will adversely affect property values in the adjacent area; Typically urban intensification increases the value of contiguous underutilized land. However, this is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed rezone to the Livingston Village PUD complies with the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with said plans. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the Growth Management Plan as follows. The Urban Residential Sub-district permits residential development along with a variety of unit types and at a base density of 4 dwelling units per acre. This district is intended to accommodate a variety of residential and non-residential uses, including mixed-use developments in the form of a Planned Unit Development. Based upon the above analysis, staff concludes that the proposed 590 unit residential development at a density of 3.9 units per acre can be deemed consistent with the FLUE. It should be noted that this FLUE designation is intended to encourage urban residential development 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The Livingston Village PUD is designed in a manner that is compatible with surrounding and approved PUD property in size and scale. It is also consistent with the Future Land Use Element of the Growth Management Plan. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. (See the Staff report for a more detailed review) 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. The extent of site alteration will be determined as a function of obtaining a Site Development Plan and/or a preliminary subdivision plat approval to execute the PUD's development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviexved this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FINDINGS/AR-3095/RVB/rb MAY 2003 I~.c~ FINDINGS FOR PUD PUDZ-02-AR-3095 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area of Collier County. Development of land that has legal access, and is adjacent to existing residential development is particularly suitable for a mixed dwelling type housing project as provided for in the Livingston Village PUD. Conversely, existing neighboring residents may perceive the proposed increase as intensification near their neighborhood as contributing factors to increasing noise, blocking views and reducing property values. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the proposed PUD document give assurance that all infrastructures will be developed and are consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with LOS relationships as prescribed by the GMP. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the Livingston Village PUD application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). The subject petition has been found consistent with the goals, objectives and policies of the GMP. The subject PUD proposes for a mix of residential dwelling types, which is consistent with the GMP (See Staff report). 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The subject residential PUD provides criteria for a common architectural design and development standards. In addition, landscaping has been provided to buffer the adjacent residential developments. The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of lakes and open space separation. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timingor sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed Livingston Village PUD will not adversely impact thc timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those development standards for cluster housing. However, staff is recommending that the minimum side yard setback be 6 feet instead of the proposed 5 -foot side yard setback. MAY 13 2003 13 EXHIBIT "B" FUTURE LAND USE MAP URBAN - MIXED USE URBAN- MIXED USE ACTIVITY CENTER i URBAN RESIDENTIAL . ACTIVITY CENTER GOODLETTE/~INE-RIDGE GOLDEN GATE ESTATES - MIXED USE COMMERCIAIL INFILL ~ RESIDENTIAL VANDERBILT BEACH ! COLLIER OVERLAYS AND SPECIAL FEATURES - ~ AREAS OF ENVIRONMENTAL CONCERN BOULEVARD COMMERCIAL BAREFOOT -_ , -: .... ~ ~' ........... STA ,qE ~RESERVE STA~ RECREATION AREA~_~ ~ - ' COUNTY PA~K ;~~ -- SCALE WHIPPOORWILL LANE CORRIDOR MASTER PLAN STUDY SUBMITTED TO: COLLIER COUNTY ENGINEERING SERVICES 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 PREPARED BY: WALDROP ENGINEERING, P.A. Q. GRADY MINOR & ASSOC., P.A. 10641 AIRPORT ROAD NORTH #32 3800 VIA DEL RAY NAPLES, FL 341c~9 BONITA SPRINGS, FL 34134 EXHIBIT '"~" MAY 1 3 2003 WHIPPOORWILL LANE CORRIDOR MASTER PLAN STUDY TABLE OF CONTENTS INTRODUCTION SECTION ONE UTILITY INTRODUCTION SECTION TWO POTABLE WATER SECTION THREE WASTEWATER SECTION FOUR TRANSPORTATION SECTION FIVE DRAINAGE SECTION SIX MISCELLANEOUS EXHIBITS Location Map Aerial Collier County Zoning Atlas StAY 132O03 WHIPPOORWILL LANE CORRIDOR MASTER PLAN STUDY SECTION ONE: INTRODUCTION The Whippoorwill Lane Corridor Master Plan Study has been prepared for the purpose of evaluating the minimum required infrastructure facilities for the study area. Analyses have been prepared to address the infrastructure needs for Potable Water, Wastewater, Transportation, and Drainage. Four of the Planned Unit Developments are responsible for the preparation of this Master Plan Study. The Planned Unit Developments are: Whippoorwill Lakes Arlington Lakes Whippoorwill Pines Whippoorwill Woods This Master Plan Study was a requirement within the PUDs for Whippoorwill Lakes, Arlington Lakes, and Whippoorwill Pines. Whippoorwill Woods has joined the other PUDs in contributing to this study because they realize the benefits the study will have on the development of this area. In addition to the Master Plan Study, the PUDs have agreed to enter into a Developer's Agreement that will establish the guidelines for developing the required infrastructure as discussed in this study. Therefore, the primary focus of this Master Plan Study focuses on the infrastructure along Whippoorwill Lane. The Whippoorwill Lane Corridor area consists of existing properties, properties slated for imminent development, and properties to be developed in the future. The study area comprising approximately 578_+ acres of varying ownership and zoning designation, lies within northern Collier County (Section 18, Township 49 South, and Range 26 East) and is located immediately south of the Pine Ridge Road right-of-way, east of the Livingston Road right-of-way, west of the Interstate 75 right-of-way, and north of the Kensington Canal. The projects have been identified on the exhibits within this study. The following sections have detailed information pertaining to the evaluation of the potable water, wastewater, transportation, and drainage systems within the Master Plan Study area. 1-1 WHIPPOORWILL LANE CORRIDOR MASTER PLAN STUDY SECTION TWO: UTILITY INTRODUCTION Utilities Introduction: The Whippoorwill Lane Corridor Master Plan Study has been implemented in an effort to determine the potable water and wastewater infrastructure facilities required to support existing and future development of the properties located within the study area. The study area along with the existing and proposed utilities are shown in Exhibit 2-1. The criteria for analyzing the water and wastewater systems for the study area was established in the Collier County Government Public Utilities Engineering Department 2001 Water Master Plan Update and the Collier County Government Public Utilities Engineering Department 2001 Wastewater Master Plan Update prepared by Greeley and Hansen, LLC. The criteria for the potable water system is as follows: Per Capita Flow 185 gpcd People per Dwelling Unit 2.3 ppdu Maximum Day Flow Factor 1.3 Peak Factor Ten States Standard Fire Flow 1500 gpm(residential) Minimum Pressure @ Max Day with Fire Flow 40 psi The criteria for the wastewater system is as follows: Per Capita Flow 145 gpcd People per Dwelling Unit 2.3 ppdu Peak Factor Ten States Standard This criteria was applied to the zoning parameters of the study area to establish the system demands. For the parcels that did not have established unit counts based on zoning, a zoning density of six (6) dwelling units per acre was applied. This density is consistent with the existing PUDs in the study area. Hydraulic analyses were prepared to evaluate the performance of the future utilities within the study area. It is assumed that irrigation for these developments will be provided by another source other than the Collier County potable water system. The following two sections provide the details of the analyses used to evaluate the water and wastewater system.*. I MAY 1 3 2003 2-! ~ WHIPPOORWILL LANE CORRIDOR MASTER PLAN STUDY i~.' ~ ' WATER · S~-WER ~ID~II ROAD ROW I / ../ .. /- / ~ // PUD ~llJ~ . . / / / /' ~ i P~OPOSED 12' W.M.~ "'~'""~' .--" .--"'.-~..: ~"--"~T~--~-'".-', - - (260 D~ ~ Y ' / / c '"' "' "' / "' -"' ~ "~ / "'""!11' ~_-" ... ./ / ... .~ ,~_)_~--~----~--~--~,~- ~--~--~-- WHIPP~RWILL ~l' .." ."'"..-'"'-.-/~-" /"~ W~D,S ~0~ ~~ t:~ ~ ...... ~-Il ~'u~. I ~ENSTNGTON ~AL ~C~ON ~TON RO~ =~.o. ~=~ WHIPPOORWILL LANE CORRIDOR MASTER PLAN STUDY SECTION THREE: POTABLE WATER Potable Water Introduction The Whippoorwill Lane Corridor Master Plan Study has been implemented in an effort to determine the potable water infrastrUcture facilities required to support existing and future development of properties in the study area. This section will discuss existing conditions and the future conditions for the potable water system based on the criteria outlined in Section Two. Existing Conditions An existing 12" water main is located within the existing Whippoorwill Lane right-of- way. This water main has been extended to serve the first phase of Whippoorwill Lakes PUD. This water main is an extension of and connected to the Collier County owned and maintained water distribution system located within the Pine Ridge Road right-of way. An existing 16" water main is located within the Pine Ridge Road right-of-way and an existing 16" water main is located within the Livingston Road right-of-way. Reference Exhibit 2-1 for the location of these existing water mains. In the hydraulic models, the connection point for the Whippoorwill Lane water main is shown at the 16" water main along Pine Ridge Road. The pressure at this point of connection was assumed to be 65 psi. This pressure was assumed based on the information obtained from the Collier County Government Public Utilities Engineering Department 2001 Water Master Plan Update. This update indicated that the pressures along Pine Ridge Road will be as follows: Scenario 2006 2021 Peak Demand Hydraulic Model 76 psi 73 psi Average Demand Hydraulic Model 79 psi 80 psi The assumed connection pressure is lower than the anticipated pressures fi.om the Master Plan update. In addition to the Master Plan information, a fire flow test that was conducted at the existing 12" water main along Whippoorwill Lane yielded a static pressure of 90 psi. Proposed Conditions The hydraulic analyses for the potable water system were based on the criteria outlined in Section Two. The following phases show that a 12" water main will adequately serve the study area. Also, the study area was divided into three phases. The phases are as follows: Phase One - Extend 12" water main to the northern boundary of whippoorwill F i .... t serve Whippoorwill Lakes, Arlington Lakes, Future Development Area 1, and n~x~ .~ Whippoorwill Pines. WHIPPOORWILL LANE CORRIDOR MASTER PLAN STUDY Phase Two - Extend 12" water main to northern boundary at Whippoorwill Woods to serve Future Development Area 3 and Whippoorwill Woods. Extend 12" water main along Nighthawk Drive to serve Future Development Area 2. Phase Three- Loop 12" water main from Whippoorwill Lane to existing 16" water main along Livingston Road. Reference Exhibit 2-1 for the overall plan showing the developments, utility sizes and locations, and the phasing schedule. Phase One Phase One involves extending the 12" water main to the terminus point at the northern boundary of Whippoorwill Pines. The Phase One hydraulic analysis includes the existing developments along Whippoorwill Lane that are served by the existing 12" water main in addition to the proposed developments for Arlington Lakes, Future Development Area 1, Whippoorwill Lakes, and Whippoorwill Pines. The maximum day demands were modeled with a fire flow of 1500 gpm at the terminus point of the Phase One water main. With this fire flow condition, the minimum pressure in the water main hydraulic model is 55.6 psi. Therefore, the water main extension for Phase One will adequately serve the developments. Reference Exhibit 3-1' Hydraulic Analysis - Phase One with Fire Flow at Whippoorwill Pines. Phase Two Phase Two involves extending the 12" water main to the terminus point at the northern boundary of Whippoorwill Woods and extending the 12" water main along Nighthawk Lane to serve the Future Development Area 2. The Phase Two hydraulic analysis includes the existing and the Phase One developments along Whippoorwill Lane in addition to the proposed developments for Future Development Area 2, Future Development Area 3, and Whippoorwill Woods. The maximum day demands were modeled with a fire flow of 1500 gpm at the terminus point of the Phase Two water mains. One terminus point is at the Future Development Area 2 and the other terminus point is at the northern boundary of Whippoorwill Woods. With the fire flow condition at the Future Development Area 2, the minimum pressure in the water main hydraulic model is 49.5 psi. With the fire flow condition at the nor :he~ _ boundary of Whippoorwill Woods, the minimum pressure in the water main hydra flic ~~ model is 48.8 psi. Therefore, the water main extension for Phase Two will adequa :ely ~ ~h ~Y serve the developments, b~AY ] 3 21303 3-2 ~ , WHIPPOORWILL LANE CORRIDOR MASTER PLAN STUDY Reference Exhibit 3-2: Hydraulic Analysis - Phase Two with Fire Flow at Future Development Area 2 and Exhibit 3-3: Hydraulic Analysis - Phase Two with Fire Flow at Whippoorwill Woods. Phase Three Phase Three involves looping the 12" water fi.om Whippoorwill Lane to the existing 16" water main at Livingston Road. Looping of the water main system will improve the pressures and water quality within the potable water system. By adding the looped water main, the pressure within the 12" water main will increase by approximately 11 psi at the junction with the fire flow demand. The potable water system has been modeled to provide a minimum of 40 psi in the transmission main along Whippoorwill Lane during a fire flow condition with maximum day flow demands. The worst case fire flow scenario is at the entrance of Whippoorwill Woods. The pressure at this junction with a 1500 gpm fire flow is 48.8 psi. Looping of the water main system will be required if the development's intemaI water main system cannot maintain the minimum pressure of 20 psi during fire flow conditions. Since the final desioma details within the developments are not known at this time, Collier County will need to monitor the potable water system as developments come online. It is suggested that the looping of the water main be considered and determined during the Collier County construction improvements review and approval process with an emphasis on using up-to-date system pressures and actual flows. Reference Exhibit 3-4: Hydraulic Analysis - Phase Three (Water Main Loop To Livingston Road). MAY l] ~ Scenario: Base re' W.M. SOURCE //-' ~ ~ CHURCH ~SPICE HOSPICE HOUSE OF NAPLES WHIPPOORWILL WOODS BALMORAL /ALEXANDRIA I~EN $1NGTON CANAL Title: W'nippoorwill Lane Comdor Study Potable Water Project Er,ymeer: ocax, r~uu~ · ' ' .'.E. d:~...~'ire cc 2001(phase 1)6-14-02.wo:1 Waldrop Engineering, P.A WaterCA, D vS.0 [5.0032] 06/14/02 08:20:28 AM © Haestad Methods. Inc. 37 Brookside Road Waterbury, CT 06708 USA +1-203-755-1666 Page I of 1 Scenario: Base Steady State Analysis Pipe Report Length ~ Discharg--'--"-'--'~ ~ Veloci"----"~ ~o oo'=4oIPvcI '~0'°~ <") p.~ 1,sgs.20 o.ooJ 0.2: 4.35 ~'ool ~.o~vc I,~O.~ ,.~.~o ~.o~.~ ~.~ "'~ ~ool ~.~ i,~0.~ ,.~.~o ~'~1 ~'~ ~'~ "'~ ~o~,ool ~=.o~vc 1~o~ ~.~,~.oo ,.o~I 9.~ ~.~ ~'~ ~,~.oo~ ~.o~c 1~o~ ~,~.oo ~'~1 ~'~ "~ MAY I 3 2003 Title: Whippoorwill Lane Corridor Study Potable Water Project Engineer: Sean Robert Weeks, P.E. d:\...~fire cc 2001(phase 1)6-14-02.wcd Waldrop Engineering, P.A WaterCAD v5.0 [5.0032] 06/14/02 07:27:49 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA +1-203-755-1666 Page 1 of I · Scenario: Base Steady State Analysis i Junction Report V Label Base Flow Calculated Pressure Pressure (gpm) Hydraulic Grade (psi) Head (fi) WHIPOORWILL PINES 1,569.10 128,54= 55.61 128.54 AREA 2 CONN. 0.00 129,12 55.86 129.12 t ARLINGTON LAKES 99.90 134.16 58.04 134.16 FUTURE AREA 1 23.00 136.03 58.85 136.03 WHIPPOORWILL LAKES 199,00 138,51 59.93 138.51 ~ HOSPICE 2.70 139.53 60.37 139.53 I CHURCH 4.50 145.07 62,77 145.07 J-1 0.00 150.15 64.96 150.15 MAY 13 2003 TiUe: Whippoorwill Lane Corridor Study Potable Water Project Engineer: Sean Robert Weeks, P.E. d:k,.~re cc 2001(phase 1)6-14-02.wcd Waldrop Engineering, P.A WaterCAD vS.O [5.0032] 06/14/02 07:28:06 AM ~ Haestad Methods, Inc. 37 Brookside Road Watedoury, CT 06708 USA +1-203-755-1666Page 1 of I Scenario: Base PHASE 2 FIRE FLOW ANALYSIS 16' WM. SOURCE I e4~n SUTHERLANO PUD ~NE ~NE ~NE VIE~ ~ g: ~ CHURCH 2~ f ~SPICE ~ ~i ~ HOSPlCE HOU SE OF NAPLES ~ ' ~ F~URE AREA 1 ' ~LINGTON ~KES I _ I ~E AREA 3 ~ i ~PPOORWILL II~N ~,IN GTON CANAL Title: Whippoorwill Lane Corridor Study Potable Water Project Engineer:. Sean Robert Weeks, P.E. d:\...~fire cc 2 rut2 2001 5-14-02.wcd Waldrop Engineering, P.A WaterCAD v5.0 [5.0032] 06/14/02 08:21:06 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA +1-203-755-1666 Page I of I Scenario: Base Steady State Analysis Pipe Report Label Length ~iamete~Mateda Hazen- Discharge Pressun Headloss, Velocity (ft) (in) ~illiams (gpm) Pipe Gradient (fi/s) C Headlos,~ (fi/1000fl (It) P-1 10.00 24.0 PVC 150.0 2,134.40 0.00 0.27 1.51 P-2 527.00 12.0 PVC 120.0 2,134.40 6.31 11.97 6.05 P-3 578.00 12.0 PVC 120.0 2,129.90 6.89 11.92 6.04 P-4 106.00 12.0 PVC 120.0 2,127.20 1.26 11.90 6.03 P-5 319.00 12.0 PVC 120.0 1,92;~.20 3.16i 9.92 5.47 P-7 925.00 12.0 PVC 120.0 200.20 0.14 0.15 0.57 P-8 359.00; 12.0 PVC 120.0 177.60 0.04 0.12 0.50 P-9 1,179.00 12.0 PVC 120.0 0.00 0.00 0.00 0.00 P-12 247.00 12.0 PVC 120.0 1,905.20 2.40 9.70 5.40 P-13 744.00 12.0 PVC 120.0 1,805.30 6.53 8.78 5.12 P-14 86.00 12.0 PVC 120.0 269.30 0.02 0.26 0.76 P-15 1,396.00 12.0 PVC 120.0 1,536.00 9~09 6.51 4.36 Title: VVhippoor~vill Lane Corridor Study Potable Water Project Engineer:. Sean Robert Weeks, P.E. d:\...~ire cc 2 fur2 2001 6--14-02.wccl Waldrop Engineering, P.A WaterCAD v5.0 [5.0032] 0~/14/02 07:31:12 AM ~ Haeslad Methods, Inc. 37 Brookside Road Wate~ur~, CT 06708 USA +1-203-755-1666 Page I of I Scenario: Base Steady State Analysis Junction Report Label Base Flow Calculated Pressure Pressure (gpm) Hydraulic Grade (psi) Head (ft) (ft) FUTURE AREA 2 1.536.00 114.51 49.54 114.51 J-9 0.00 123.39 53.39 123.39 WHIPPOORWILL WOODS 177.60 123.39 53.39 123.39 FUTURE AREA 3 22.60 123.44 53.40 123.44 WHIPOORWILL PINES 69,10 123.57 53.46 123,57 AREA 2 CONN. 0.00 123.60 53,47 1 :~3~60 ARLINGTON LAKES 99.90 130.13 56,30 130.13 FUTURE AREA 1 23.00 132.52 57.34 132.52 WH IPPOO RWlLL LAKES 199.00 135.69 58.71 135.69 HOSPICE 2.70 136.95 59.25 136.95 CHURCH 4.50 143.84 62.23 143.84 J-1 0.00 150.15 64,96 150.15 2OO3 Title: Whippoorwill Lane Corridor Study Potable Water Project Engineer. Sean Robert Weeks, P.E. d:~...\fire cc 2 rut2 2001 6-14-02.wcd Waldrop Engineering, P.A WaterCAD v5.0 [5.0032] 06/14/02 07:31:01 AM © Haestad Methods. Inc. 37 Brookside Road Waterbury. CT 06708 USA +1-203-755-1666 Page 1 of I Scenario: Base PHASE 2 FiR E FLOW ANALYSIS 16' W.M. SOURCE : E~ERT I=INE RNE VIEW i ~ ~ ~ a~LE PAMILY ~ ~ , HO~ FARM 20 O0 */- AC. ~,, i , I I ~tle: ~ip~o~ll Lane Corrdor Study Potable Water Proje~ Enginee~ Sean Ro~ Weeks, P.E. d:L--~re ~ 2 w~s 2~1 6-14-02.w~ Waldrop Engin~ring, P~ Wate~AD vS.0 [5.0032] ~14/02 08:22:26 ~ ~ Haestad Meth~s, Inc. 37 Brookside Road Watemu~, CT ~708 USA +1-20~75~1~6 Page I of 1 Scenario: Base Steady State Analysis Junction Report Label Base Flow Calculated Pressure Pressure (gpm) Hydraulic Grade (psi) Head ~I-IIPPOORWILL WOODS 1,677.60 112.85 48.83 112.85 J-9 0.00 112.85 48.83 112.85 FUTURE AREA 3 22.60 115.60 50.02 115.60 WHIPOORWILL PINES 69.10 122.87 53.16 122.87 FUTURE AREA 2 36.00 123.59 53.47 123.59 AREA 2 CONN. 0.00 123.60 53.47 123.60 ARLINGTON LAKES 99.90 130.13 56.30 130.13 FUTURE AREA I 23.00 132.52 57.34 132.52 WHIPPOORWILL LAKES 199.00 135.69 58.71 135.59 HOSPICE 2.70 136.95 59.25 136,95 CHURCH 4.50 143.84 62.23 143.84 J-1 0.00 150.15 64.96 150.15 Title: Whippoorwill Lane Comdor Study Potable Water Project Engineer: Sean Robert Weeks, P.E. d:\...~fire cc 2 woods 2OO1 6-14-02.wcd Waldrop Engineering, P.A WaterCAD v5.0 [5.0032] 06/14/02 07:29:22 AM © Haestad Methods. Inc. 37 Brookside Road Waterbury, CT 06708 USA +1-203-755-1666 Page I of I Scenario: Base Steady State Analysis Pipe 'Report Label Length Diameter Material Hazen- Discharge PressureHeadloss Velocity (ft) (in) William,' (gpm) Pipe Gradient (fi/s) C Headlos,, (fi/1000ff P-1 10.00 24.0 PVC 150.0 2,134.40 0.00 0.27 1.51 P-2 527.00 12.0 PVC 120.0 2,134.40 6.31 11.97 6.05 P-3 578.00 12.0 ~ PVC 120.0 2,129.90 6.89 11.92 6.04 P-4 106.00 12.0 PVC 120.0 2,127.20 1.26 11.90 6.03 P-5 319.00 12.0 PVC 120.0 1,928.20 3.15 9.92 5.47 P-7 925.00 12.0 PVC 120.0 1,700.20 7.27 7.86 4.82 P-8 359.00 12.0 PVC 120.0 1,677.60 2.75 7.66 4.76 =-9 1,179.00 12.0 PVC 120.0 0.00 0.00 0.00 0.00 P-12 247.00 12.0 PVC 120.0 1,905.20 2.40 9.70 5.40 =-13 744.00 12.0 PVC 120.0 1,805.30 6.53 8.78 5.12 P-14 86.00 12.0 PVC 120.0 1,769.30 0.73 846 5.02 P-15 1,396.00 12.0 PVC 120.0 36.00 0.01 0.01 0.10 MAY 1 3 2003 Title: Whippoorwill Lane Corriclor Study Potable Water Project Engineer:. Sean Robert Weeks, P.E. d:~...\fire cc 2 woods 2001 6-14--02.wod Waldrop Engineering, P.A WaterC,~D v5.0 [5.0032] 06/14/02 07:30:17 AM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA +1-203-755-1666 Page I of 1 Scenario: Base PHASE 3 FIR E FLOW ANALYSIS 16' W.M. SOURCE ~-~ ~o~; c~. CHUR CH ~ g; HOSPICE ~ ~ ;, ,,.,,~..~ 0~,,, · r ~WHIPPOORWILL LAKES ", ARLINGTON LAKES ~ = FU~RE AREA2 ~FU~RE AREA 3 ' ~WHIPPOORWILL WOODS LIV W.M. SOURCE P}I 1 J-9 .AY 13 2003 ~.,~ Title: ~ipp~ill Lane Comdor Study Potable Water ProjerA Engineer: Sean Robed W~ks, P.E. d:[..Xfim $ ~ 2001 ~14~2.w~ Waldrop Engl~ering, P.A Wate~AD v5.0 [5.0032] ~/14/02 08:21:47 AM ~ Haestad Meth~s, Inc. 37 Brookside Road Watemu~, CT 06708 USA +1-203-755-1~6 Page I of 1 Scenario: Base Steady State Analysis Junction Report Label Base Flow Calculated Pressure Pressure (gpm) Hydraulic Grade (psi) Head (ft) (ft) ~,NHIPPOORWILL WOODS 1,677.60 139.93 60.54 139.93 FUTURE AREA 3 22.60 140.50 60.79 140.50 VVHIPOORWILL PINES 69.10 142.06 61.46 142.06 FUTURE AREA 2 36.00 142.22 61.53 142.22 AREA 2 CONN. 0.00 142.23 61.54 142.23 J-9 0.00 143.14 61.93 143.14 ~,RLINGTON LAKES 99.90 143.83 62.23 143.83 FUTURE AREA 1 23.00 144.49 62.51 144.49 WHIPPOORWILL LAKES 199.00 145.37 62.90 145.37 HOSPICE 2.70 145.79 63.08 145.79 CHURCH 4.50 148.06 64.06 148.06 J-1 0.00 150.15 64.96 150.15 J-10 0.00 150.15 64.96 150.15 MAY 1 3 2003 I Title: VV,tippoorwill Lane Corridor Study Potable Water Project Engineer. Sean Robert Weeks, P.E. d:~...\/ire 3 cc 2001 6-14-02.wcd Waldrop Engineering, P.A Water{CAD v5.0 [5.0032] 06/14/02 07:32:00 AM © Haestad Methods, Inc. 37 Brookside Road Waterl0ury, CT 06708 USA +1-203-755-1666 Page 1 of I WHIPPOORWILL LANE CORRIDOR MASTER PLAN STUDY SECTION FOUR: WASTEWATER Wastewater Introduction The Whippoorwill Lane Corridor Master Plan Study has been implemented in an effort to determine the wastewater infrastructure facilities required to support existing and future development of properties in the study area. This section will discuss existing conditions and the future conditions for the wastewater system based on the criteria outlined in Section Two. Existing Conditions An existing 10" forcemain is located within the existing Whippoorwill Lane right-of- way. This forcemain has been extended to serve the first phase of Whippoorwill Lakes PUD. This forcemain is an extension of and connected to the Collier County owned and maintained wastewater transmission system located within the Pine Ridge Road fight-of way. An existing 16" forcemain is located within the Pine Ridge Road right-of-way. This existing 16" forcemain will also be utilized by the developments along the Livingston Road fight-of-way. Reference Exhibit 2-1 for the location of these existing forcemains. In the hydraulic models, the connection point for the Whippoorwill Lane forcemain is shown at the 16" forcemain along Pine Ridge Road. The pressure at this point of connection was assumed to be 92.5 feet of head (40 psi). This pressure was assumed based on the information obtained from the Collier County Government Public Utilities Engineering Department 2001 Water Master Plan Update. This update indicated that the pressures along Pine Ridge Road will be as follows: Scenario 2006 2021 Peak Demand Hydraulic Model 40 psi 46 psi Proposed Conditions A hydraulic model was prepared to analyze the peak build-out demands within the proposed forcemain along Whippoorwill Lane. An extension of the 10" forcemain along Whippoorwill Lane will provide adequate capacity for the wastewater system. The extension of the forcemain will occur in two phases: Phase One Phase One involves extending the 10" forcemain to the terminus point at the northern boundary of Whippoorwill Pines. HAY 1 3 2003 4-1 WHIPPOORWILL LANE CORRIDOR MASTER PLAN STUDY Phase One includes the existing developments along Whippoorwill Lane that are served by the existing 10" forcemain in addition to the proposed developments for Arlington Lakes, Future Development Area 1, Whippoorwill Lakes, and Whippoorwill Pines. Reference Exhibit 4-1: Hydraulic Analysis - Whippoorwill Lane Forcemain Phase Two Phase Two involves extending the 10" forcemain to thc terminus point at thc northern boundary of Whippoorwill Woods. Phase Two includes the existing and the Phase One developments along Whippoorwill Lane in addition to the proposed developments for Future Development Area 2, Future Development Area 3, and Whippoorwill Woods. Reference Exhibit 4-2: Hydraulic Analysis- Whippoorwill Lane Forcemain Livingston Road Forcemain The developments along Livingston Road will be served by a proposed 8" forcemain within the Livingston Road right-of-way. The forcemain will connect to the existing 16" forcemain along Pine Ridge Road. The design and approval of this 8" forcemain was previously coordinated with Collier County Public Utilities Engineering Department. The wastewater flows were estimated and compared to the velocities of different size pipes. The estimated flows have been updated to reflect the latest information for this area. The spreadsheet shows that an 8" forcemain is adequate to serve the peak build-out demands for the Livingston Road developments. Reference Exhibit 4-3: Hydraulic Analysis - Livingston Road Forcemain Downsizing of the proposed force main is possible, but cannot be accurately determined at this time. It is suggested that downsizing be considered and determined during the Collier County construction improvements review and approval process with an emphasis on using up-to-date system pressures and actual flows. J MAY 1 3 2O03 4-2 I _ ~. ii11 IIII11 ~1[~11 ~ I I[![ ! ~'~ o ~ , ~ < ~ ~ = o - - ~ ~ ~ MAY13~03 Scenario: Base EX. 16" F.M. 40 psi ,,_~- e J-1 -.E ' !i~'-; wEST CT~ : CHURCH C~. ~ ~.A GATEE*PTI~T HOSPICE ~ ~ ~ L .os.mE .OUSE O~ ~ES n' ! WHIPPOORWILL lAKES futuRE FUTURE AREA 1 PRESERVE t~. ~ W~PPOORW~L L A~LINGTON LAKE: , * ~ ..: ] FUTURE AREA 2 · WHIPPOORWILL PINES ~ ~TURE AR~ 3 ~ ' ~I~OORWlLL ~ODS I · I~N $1NGTON CANAL (.IVIN GSTON VILLAGE I Title: Whippoorwill Lane Corddor Study Sewer Project Engineer:. Sean Robert Weeks, P.E. ~ d:~-..&whip master sewer cc 2001 6-14-02.wcd Waldrop Engineering, P.A WaterCAD vS.0 [5.0032] 06/14/02 08:23:14 AM ~) Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA +1-203-755-1666 Page I of I Scenario: Base Steady State Analysis Junction Report Label Base Flow Calculated Pressure Pressure (gpm) Hydraulic Grade (psi) Head (ft) (ft) J-1 0.00 92.48 40.01 92.48 CHURCH 11.70 98.87 42.781 98.87 HOSPICE 7.00 105.20~ 45.52 105.20 WHIPPOORWILL LAKES 402.80 106.97 46.28 106.97 FUTURE AREA I 46.70 108.47 46.93 108.47 ARLINGTON LAKES 202.20 109.87 47.54 109.87 FUTURE AREA 2 72.80 111.71 48.33 111.71 WHIPPOORWILL PINES 140.00 112.13 48,51 112.13 FUTURE AREA 3 45.70 113.46 49.09 113.46 WHIPPOORWILL WOODS 359.60 113.76 49.22 113.76 Title: Whippoorwill Lane Corridor Study Sewer Project Engineer: Sean Robert Weeks, P.E. d:~...\whip master sewer cc 2001 6-14-02.wcd Waldrop Engineering, P.A WaterCAD vS.0 [5.0032] 06/14/02 07:35:22 AM © Haestad Methods, Inc. 37 Brook,~ide Road Waterbury, CT 06708 USA +1-203-755-1666 Page 1 of I WHIPPOORWILL LANE CORRIDOR MASTER PLAN STUDY SECTION FIVE: TRANSPORTATION STUDY ELEMENT Transportation Study Introduction The Whippoorwill Lane Corridor Study has been implemented in an effort to determine the minimum transportation infrastructure facilities required to support existing and future development of properties in the area. This study will discuss existing conditions, future conditions and anticipated traffic generation, proposed design standards and pavement cross- sections, access management, proposed construction phasing, and necessary permitting for the roadway. Existing Conditions The entire Whippoorwill Lane Corridor Study area comprises approximately 578+ acres of varying ownership and zoning designations. The study area lies within northem Collier County (Section 18, Township 49 South, Range 26 East) and is located south of Pine Ridge Road, east of Livingston Road, west of Interstate 75 and north of the Kensington Canal. Only those properties having existing or proposed access to Whippoorwill Lane south of the Sea Gate Baptist Church will be included in the Transportation Study Element of this Master Plan. Those properties having existing or proposed access to Whippoorwill Lane include the following: Whippoorwill Lakes PUD, Whippoorwill Pines PUD, Whippoorwill Woods PUD, Arlington Lakes PUD, the Hospice of Naples, and Future Development Areas 1, 2, & 3. Future Development Area 1 currently consists of several single family residences. Future Development Area 2 consists of the Southern Exposure of Naples, Inc. and Future Area 3 contains a single family residence. A portion of the Whippoorwill Lakes PUD has already been developed as The Reserve of Naples. Arlington Lakes will also have access provided from Livingston Road for the western portion of this PUD. Arlington Lakes is split by a north-south wetland flowway. Those properties not included in this Transportation Study Element of the Master Plan are the Pine View PUD, Sutherland PUD, Balmoral/Alexandria PUD, Sea Gate Baptist Church, and those other properties not having direct connection with the Whippoorwill Lane corridor. The Pine View PUD, Sutherland PUD, and Sea Gate Baptist Church have not been included since they already or will access the existing dedicated Whippoorwill Lane right-of-way. Currently, the improved Whippoorwill Lane extends south from Pine Ridge Road approximately 1800 feet. It terminates south of the current entrance to Whippoorwill Lakes PUD (The Reserve of Naples). This section of Whippoorwill Lane consists of two 12-foot asphalt lanes with open swale drainage on each side. This also represents that portion of Whippoorwill Lane that is Collier County maintained. This section of roadway was resurfaced in 2001 by the developer of the Reserve of Naples. The Pine Ridge Road intersection was improved as part of the County's six laning of Pine Ridge Road completed in 2001. The remainder of Whippoorwill Lane is an , unimproved dirt road terminating at the Kensington Canal. ~ ~ MAY 1 3 2003 SECTION FIVE: TRANSPORTATION STUDY ELEMENT Current traffic levels generated by the existing study area are low, given the extent of existing development. This traffic is limited to the Hospice of Naples, The Reserve of Naples, Southern Exposure of Naples and a few single family residences. Current access points on Whippoorwill Lane are shown on Exhibit 5-6. Proposed Conditions Development has already begun in the Whippoorwill Lane corridor with 300 multi-family units at The Reserve of Naples. The development along this corridor can be expected to continue over the next few years. Following is Table 5-1 with a listing the proposed developments which of will be served by Whippoorwill Lane. It is anticipated that full development (based upon maximum units allowed by current PUD and estimates of potential units in existing agricultural zoned areas) will generate an average annual daily traffic level of 10,172 vehicles per day. This also results in a peak hour directional traffic volume of 629 vehicles per hour. This meets a Level of Service "C" in accordance with FDOT standards for a two lane roadway. In conjunction with Whippoorwill Lane, it can be anticipated that Future Development Area 2 will also utilize Nighthawk Drive for access. Other possible users of Nighthawk Drive may include Whippoorwill Lakes PUD and Whippoorwill Pines PUD for construction or secondary' accesses. The proposed improvements to Nighthawk Drive have not been included in this Study, but it is anticipated that it will be developed as a two lane rural local street. Nighthawk Drive is currently unpaved. Any improvements to Nighthawk Drive would be the responsibility of those proposing to use this local street connection to Whippoorwill Lane The following standards are proposed for the design and construction of the Whippoorwill Lane improvements: 1.Design speed of Whippoorwill Lane shall be 40 miles per hour (MPH) with a posted speed limit of 35 MPH. Travel lanes of 12 feet will be utilized. 2. Turn lanes are to be provided in general accordance with Collier County policy for two lane roadways. Left turn lanes will be provided whenever the peak hourly volume of mining movements is 20 vehicles or more. Right mm lanes will be provided whenever the peak hourly volume of turning movements is 40 vehicles or more. 3. Turn lanes will be designed per the Florida Department of Transportation (FDOT) Index 301. An l 1-foot mm lane width will be utilized. Turn lanes will include a 155 foot deceleration length (including a 50 foot taper) and a queue length. A 50 foot queue is to be provided for all right mm lanes. Left mm lanes will provide a two minute queue with a 50 foot minimum length. A 60 foot control radius will be used for the left turn movements and 25 foot control radius for fight mm movements. These mm lanes have been identified on Exhibits 5-4 & 5-5. Provisions will be made for future north bound left mm and right mm lanes as required if Whippoorwill Lane is extended southward for future connections to other roadways as depicted on Exhibit 5-6. MAY 1 3 2QQ3 F:LIOB\WHIPPOOR\DWS\Study612.doc 5-2 WLN~.~ ~ SECTION FIVE: TRANSPORTATION STUDY ELEMENT 4. The proposed clear zone for all permanent objects in the right-of-way is 10 feet based upon the FDOT Manual of Uniform Minimum Standards. 5. The maximum longitudinal change in grade without using a vertical curve shall be 0.80% in accordance with the FDOT Manual of Uniform Minimum Standards. The minimum grade is to be 0.3% and maximum grade is 0.4%. The standarcl pavement cross slope will be 2% with applicable modifications at intersections. 6. Access management should be in general accordance with Collier County Resolution No. { 01-247 for Class 6 without Median Restrictions. The minimum driveway connection spacing should be 220 feet; the connection spacing for single family residence drives shall be 30 feet. Modifications to the driveway connection spacings may be necessary to accommodate i turn lanes or existing conditions. Exhibit 5-6 shows the anticipated access points. These access points will be further refined during the design process. I 7. Lighting will be provided at all driveway entrances on Whippoorwill Lane as specified in the applicable PUD documents or Land Development Code requirements. Lighting for a single family drive will not be required. 8. Landscaping within the right-of-way will be permitted with Collier County individually by -- each property owner and in accordance with applicable PUD requirements. t 9. Roadway drainage shall be provided by valley gutters or curb on both sides of the pavement. Valley gutter or throat inlets will be provided for discharge to a closed piped system. It is proposed that all roadway stormwater north of Nighthawk Drive will be routed through Whippoorwill Lakes PUD for quality treatment and attenuation. Roadway drainage south of Nighthawk Drive will be routed through the Whippoorwill Woods PUD system. 10. Off-site drainage from existing and proposed development north of the Study area (i.e., Seagate Baptist Church, Pine View PUD, the Hospice of Naples and the residential property south of the Hospice of Naples) will be through an open swale along the west right-of-way to Nighthawk Drive. At Nighthawk Drive this drainage would then be routed under Whippoorwill Lane to the south side of Nighthawk Drive and along Nighthawk easterly to discharge into an existing culvert and swale. This is in general accordance with the existing drainage patterns in the area. For additional information on drainage in the Study area, see the Drainage Study Element of this report. 1. F:XJOB\WHIPPOORkDWS\Study612.doc 5-3 WLMPT SECTION FIVE: TRANSPORTATION STUDY ELEMENT 11. Pedestrian and bicycle facilities are to be provided by a five foot wide sidewalk on both the east and west sides of Whippoorwill Lane. These sidewalks will be provided from the north property lines of the Hospice of Naples and The Reserve of Naples to the south terminus of Whippoorwill Lane at Whippoorwill Woods PUD. The construction of the west sidewalk north of the Hospice of Naples t> Pine Ridge Road will be the responsibility of the Pine View PUD developer. It is proposed to construct a five foot sidewalk on the east side north of The Reserve of Naples to Pine Ridge Road as a part of the first phase of the proposed Whippoorwill Lane improvements. This will be dependent upon adequate room in the existing right-of-way and if necessary the ability to obtain a sidewalk easement outside of this right-of-way for construction (Seagate Baptist Church, the Knights Inn and Chevron Gas Station). 12. Water and wastewater facilities are to be provided in the right-of-way for the proposed development. See the Utility Study Element for additional information. A water main will be located on the west side and sewage force main on the east side. Construction Phasing The proposed Whippoorwill Lane Roadway improvements will be completed in two phases and in conjunction with the utility construction described in the Utility Study Element. The initial phase will consist of the roadway improvements from the existing improved roadway south to Nigh Hawk Drive. Improvements will include a left-mm lane at the existing Whippoorwill Lake PUD (The Reserve of Naples) entrance, a right turn lane at the proposed Arlington Lakes PUD entrance, a left turn lane at Nighthawk Drive and a left turn lane at the proposed south entrance to Whippoorwill Lakes PUD. The proposed roadway cross-section for this segment is illustrated on Exhibit 5-2. A five foot sidewalk will be provided on both the east and west sides from the north lines of the Hospice of Naples and Whippoo~ll Lakes PUD south to the property terminus of the Phase 1 construction. The east sidewalk will be constructed northward to connect to the existing Pine Ridge Road sidewalk. The interceptor swale for off site drainage and the outfall Drive will be constructed this Phase with the along Nighthawk during along utility extensions. A cross section of the existing right-of-way is shown on Exhibit 5-3. Phase 2 of the project will consist of construction of Whippoorwill Lane from Nighthawk Drive south to its terminus at the Whippoorwill Wood PUD entrance. The proposed utilities would be extended southward in conjunction with the roadway improvements. Improvements will include a left hand turn lane for Whippoorwill Pines PUD and a northbound left mm lane for Arlington Lake PUD and the roadway will terminate with a left hand mm lane at Whippoorwill Woods PUD. Sidewalks will be extended southward from Nighthawk Drive on both the east and west sides. The cross-section for this is illustrated Exhibit 5-1. proposed roadway segment on MAY ! 3 FSJOB\WHIPP(X)R\DWS~Study612.doc 5-4 ': SECTION FIVE: TRANSPORTATION STUDY ELEMENT Permitting Permits for the proposed construction of the Whippoorwill Lane Roadway improvements will need to be obtained from Collier County, South Florida Water Management District (SFWMD), Florida Department of Environmental Protection (FDEP) and the U.S. Army Corps of Engineers (COE). A Collier County Right-of-way permit will be obtained to construct each phase of the roadway and would include roadway, utility, drainage, landscape and lighting requirements. Surface Water Management Permit modifications will be necessary to route the proposed roadway drainage through Whippoorwill Lakes PUD and Whippoorwill Woods PUD as previously discussed. The permitting for the SFWMD permit will be done in conjunction with the COE as applicable. An FDEP Stormwater Pollution Control Plan Permit will be obtained. I F:UOB\WHIPPOOR'~DWS\Study612doc 5-5 WLMPT CLEARING LIMITS ! PROPOSED 80' ~GHT Of WAY 12' I 12' ~ 17" 5' 8" TRAVEL lANE TRAVEL LANE 8' 5' 9" II 1' LEVEL ~. _ ~ ~ 1' L~EL ~ I ~ ~2' VALLE~ CUDER * I 2~ 2% 2~ 2~ I ~ MATCH EXlgT. ' ~ ~ ~ ~ ~ 3 GRADE 11.O~ MATCH EXIST. ~ I 3 ~ ~ ~ / ~ 1" ~PE S III ASP~LTIC CONG. WHERE RIGHT OF WAY IS LIMITED TO 70 ~. (I.E_ FUTURE OEVELOPMENT AR~ I), 1' ASP~LT STRUCTU~L COARSE, ~PE STORM SEWER PiPE TO BE USED IN LIEU. QF OPEN ~E ~CK OF SLOPE TO = OF CURB TO INSIDE SIDEWALK E~E 6'. TO CONTAIN 10' LIMER~K ~SE LBR 100. 98~ DENSI~ GRADE 9' AND ~CK = WORK WITHIN THE RIGHT OF WAY. 12' STABILIZED SUBGRADE LBR 40 WHIPPOORWILL ~NE PHASE 1 CONSTRUCTION ~PICAL SECTION B-B N. T.S. EXHIBIT CLEARING LIMITS PROPOSED 80' RIGHT OF WAY J? g' .5' 12' ,~TRAVi2L LANE TRAV LANE__.,- 12" _ _5'__ ~ 2' VALLE"d GU1-EER d ~ ,.j~ zu oD o m MATCH EXIST. 2~ _ J ~ 2% J 2~ .~ Xl~ J 2% I 3' JGRADE 11.0± MATCH ExIST.--N L, · ~ ~..~-- GRADE 11.0~ WHERE RIGHT OF WAY IS LIMITED TO 70 FT. (I.E. FUTURE DEVELOPMENT AREA 3), 1' ASPHALT STRUCTURAL COARSE, ,YPE S REDUCE DISTANCE FROM 12' TO 5' AND 9' TO 6' FOR THE E~,ACK OF CURB TO INSIDE SIDEWALK AND BACK OF SIDEWALK TO RIGHT OF WAY, RESPECTIVELY 10" LIMEROCK BASE LBR 100. 98~ DENSITY USE 2:1 SLOPE IN THiS AREA AS APPLICABLE. 12' STABILIZED SUBCRADE WHIPPOORWILL LANE PHASE 2 CONSTRUCTIOI' I~:~.~ TYPICAL SECTION A-A NT.S MAY 1 EXHIBIT ,5-1 J3~AI.B: N T.S. sli ~,'r~ 3~NE, 20~2 APPLICATION FOR PUBLIC HEARING FOR: X PUD REZONE [---]PUD TO PUD REZONE Petition No.: PUDZ-02-AR-3095 Planner Assigned: Ray Bellows Date Received: Commission District: ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Wallace L. Lewis, Jr. and Marian H. Gerace Applicant's Mailing Address c/o Steven A. Land¥~ Esq. / Greenber~, Trauri~ Applicant's Mailing Address 1221 Brickell Avenue City Miami State FL Zip 33131 Applicant's Telephone # 305-579-0758 Fax # 305-961-5758 Applicant's E-Mail Address: See Agent Name of Agent Michael R. Fernandez~ AICP Firm Planning Development Inc. Agent's Mailing Address 5133 Castello Drive~ Suite 2 City Naples State FL Zip 34103 Agent's Telephone # 239-263-6934 Fax # 239-263-6981 Agem's E-Mail Address: PDI MRF (~ AOL. COM Name of Agent Richard D. Yovanovich Firm Goodlette~Coleman & Johnson Agent's Mailing Address 4001 N. Tamiami Trail~ Suite 300 City Naples State FL Zip 34103 Agent's Telephone # 239-435-3535 Fax # 239-435-1218 Agent's E-Mail Address: ryovanovichq~gcilaw.com COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 14~¥ 1 3 2~ PHONE (941) 403-2400/FAX (941) 643-6968 (.~ 3/14/2003 Application For Public Hearing For PUD Rezone * Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State __ Zip Name of Homeowner Association: Mailing Address City State __ Zip Name of Homeowner Association: Mailing Address City State __ Zip. Name of Master Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address City State __ Zip 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of O~'nership Wallace l. Lewis~ Jr. 50% Marian H. Gerace 50% MAY 1 3 2003 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address. and Office Percentage of Stock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Oxvnership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of O~mership 1 3 2003 3/7/2003 Application For Public Hearing For PUD Rezone [1~ ~ f'. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired (X) leased ( ):_7/16/65 Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supp}emental disclosure of interest form. 3. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning -- district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 19 Township: 49S Range: 25E Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: Please see attached Legal Description Size oforooertw: 4~887 +/- fi. X 1~326 +/- t~. = Total Sq. Ft. 6~480~162 Acres 148.98 +/o Address/general location of subiect orooertv: On the east side of Livingston Road and adiacent to and immediately north of Wyndemere PUD and extends eastward to 1-75 right of way. ~ ~ I~AY 1 3 2003 6. PUD District (LDC 2.2.20.4): X Residential [--] Community Facilities [--] Commercial [--] Industrial 7. Adiacent zoning and land use: Zoning Land use N PUD Balmoral PUD / Whippoorwill Woods PUD S PUD Wyndemere - Residential E RfW 1-75 W R/W Livingston Road Does the owner of the subject property own property contiguous to the subject property7 If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). N/A Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: 8. Rezone Request: This application is requesting a rezone from the A - Agriculture zoning district(s) to the PUD zoning district(s). Present Use of the Property: Vacant - Farming Proposed Use (or range of uses) of the property: Residential - Mix of sin~,le and multi-family units Original PUD Name: Ordinance No: 9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commiss "- .... be based upon consideration of the applicable criteria noted below. Provide . na[/~Uve statement describing the rezone request with specific reference to the criteria nc ed be-low. Include any backup materials and documentation in support of the request, bqAY ] 3 2005 3/14/2003 AppHcation For Public tlearinz For PI_'D Rezone 6 '~ PUD Re[one Considerations (LDC Section 2. 7.3. 2. 5) 1. The suitability of the area for the type attd pattern of development proposed itt relation to physical characteristics of the latwl, surrouttding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Adequacy of evidence of unified control attd suitability of any proposed agreements, contract, or other instruments, or.for amendments itt those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management platt. 4. The internal attd external compatibility of proposed uses, which conditions may inchtde restrictions on location of improvements, restrictions on desig~t, and bu.[fermg attd screening requirements. 5. The adequacy of usable open space areas m existettce and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequac)' of available improvements attd facilities, both public attd private. 7. The ability of the subject proper~ attd of surrounding areas to accommodate expansion. 8. Con. fortuity with PUD reg~dations, or as to desirable modifications of such regulations itt the parlicular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or pr~ l~erty owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject oronertv: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that ~. hearing? ~_'~ MAY 1 3 2003 3/?/2003 Application For Public Hearin, For PUI) Rezon' L 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; b. If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and Immokalee/Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8~A'' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff' evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. e. Whether ,ir not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area. and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9 5 5 q ), 1 3 2003 3/7/2003 Application For Public Hearin~ For PUD Rezone f Statement of utility provisions (with all required attachments and sketches)~ g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting~ h. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre-application meeting); i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. j. An electronic version of the PUD on a disk as part of this submittal package. k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8) MAY 1 3 2OO3 3/7/2003 Application For Public Hearing For PUD Rezone ~ --~ RECEIVED: 3/13/03 4:36PM; ->PLANNING DEVELOPMENT INCORPORAT; #352; PAGE 2 03/13/03 16:19 GREENBERG TRAURIG a 941 263 6981 N0.452 AFFIDA FIT We~I, Wallace L Le~is, )?. and Marian It. Geracc being first duly sworn, depose and say that am/arc the owners of the property described herein and which is the subject ma~er of the proposed hearing; that al! the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other ~upplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form. whether computer generated or County printed shah not be altered. Public hearings will not be advern'sed until this application is deemed co~nplete, and all required information has been submitted. As properly owner We~I farther authorize Richard D. Yovanovich, Esquire of Goodlerte~ Coleman & Johnson, P~4. and Planning Development Incorporated/Michael R. Fernandez, AICJ- to act as - our/my representatives in any matters regarding this Petition. Wallace L. Lewis. Jr. Signature of Propert7 Owner Marian I-I. Gerace The foregoing instrument was acknowledged before me this t~~3 day of March. 200£ by Wallace L. Lew~ Jr. who is personally known to me or has produced as identification, State of Florida o_ *.e~ e,z~rm qnnmo~z I (S~t c Sta; : Cou.~ of Dade ~ ~ g c~,mn~,~ I Florida) MAY 1 3 (Print, T~e, or Stamp Commasio ,ed Name of Notary PubliO ~' ' ' RECKIVED: 3/ 13/03 4; 36PM; - >PLANNING DEVELOPMENT TNCORPORAT; #352; PAGE 3 03×13/03 16:17 GREENBERG TRAURIG ~ 941 263 6981 N0.452 The foregoing instrument was acknowledged before me this day of March, 200£ by Marian_ .... ': ~. Gerace who is personally known to me or has produced as identification. District of Columbia (Signature of Notary Public - District of Columbia) (Print, Type, or Stamp Commissioned Name of Notary Public) \~IIA-SRVOI ~1452~lav0IkV4%$01 !,DOC~0/13/03 MA)' 1 3 2D03 ~Z13~2003 ADDlleatian For Pqblic Hearlne For PI J1) P~e. zone RECEIVED: 3/13/03 4:36PMj ->PLANNING DEVELOPMENT INCORPORAT; #352; PAGE 4 02×13/03 16:17 GREENBERG TRAURIG ~ 941 263 6981 N0,452 Q04 --~ ,*~r ,~ u~ U~:bBp Holl~ and Tepr~ Gerace [202) 337-B~GS p.~ IFe/l, ffratta~ I.. ~ ,Ir. trod Marlen I~, 6..~ett~ b~lng f,'~t duly two~ depat~ and ztr/ ~ am/are ti~ owner~ of IAe pr~erty described h~rein and ~;hich i~ the tubj~: ma~ter of the ~;r~: t,~ ail the answers to ri~ qu~fiom In tkis application, including the dbelo, mre o.f i~nafton, alt s~tahes, dato, and othtr ~upptemgntao, matter attached to and ~ a part of thig apl~lieaflan, art honest and true to the ~$t of our knowl#dge and i~til~, ~e./l s~iey~land that the information requ~ on this vtppIication rnu~ b~ comj~let; and accurate and that the content of th~ form, v~h~hgr ¢ornputer gtr~rattd or Counry prtnted shall n;t be att;red, Public h~;~ng~ will not adv~.rt~.d w~til thir ap;l~c, affon ~ deemed complete, and all red.red ~ inzr t~en .4~ p~operty owner We//further authorize ~'~_ard D; y~not~ek. F~__al~e ~f G_a~, Coteln~ ~oh~an, P~4. and ~ian_ntns_D~tlppnte_nt lneorwrated/ A~ch~el_L. Fernasdet~AIC~ to act as O~Z./tn]~ vepresergattv~$ ~n any matrer~ regarding tab ~etitfo~t Signature of l~operly Owner. ~Yali~a I~ £e~i:, .Ir. 17se foregoing z'~rr~ment was a~owiedgect be.[or~ m~ :hi~ ~ d~ of M~ 200£ _L. Z _~_~ ~ _ who Is ~,~onnl~y tnown to me or h~s groduced as ~dentOfca~n, RECEIVED: 3/13/03 4:36PM; ->PLANNING DEVELOPMENT INCORPORAT; #352; PAGE 5 0_~/13×03 16:17 GREENBERG TRAURIG ~ cJ41 2G~ 6981 N0.452 Q~5 ,,=~' ~ ~ u~;=up Hol]~ an~ Terr~ Gera~e (20~) 337-0~GS p.3 W~~~"'~? MAY 1 3 2003 EXHIBIT "A" LEGAL DESCRIPTION Description of Part of the North ½ of the North ½ of Section 19, Township 49 South, Range 26 East Less and Excepting Interstate 75 Right-of-Way located in Collier County, Florida Beginning at the Northwest comer of said Section 19; thence along the north line of said Section, South 89°37'04'' East 4886.95 feet to the west right- of-way of Interstate 75; ' · thence along said fight-of-way South 00o07'55'' West 1326.91 feet to the Northeast comer of Lot 7, Grassmere Phase Two, as recorded in Plat Book 16, pages 20-21; thence along the north line of the replat of the part of Wyndemere Tract Map as recorded in Plat Book 13, pages 39-43, North 89°36'39" West 4896.99 feet to the Northwest comer of Parcel "BB" according to said plat; thence along the West line of said Section 19, North 00°3Y56" East 1326.30 feet to the Point of Beginning; Subject to easements and restrictions of record. Containing 148.98 acres more or less. Bearings are based on the north line of Wyndemere being North 89036'39'' West. MAY 13 I CG;Ltt/ll L"'*tt, ...', ~l~ud~ ~hLt 8t~l gap o/ ~T&nu&ry ~/. D. 19 73 l~etween LUCZZ~g ~. Z~n~S, loined ~ her bus,nd ~.~CZ L. ~S; ~ D. PA~ a~ ~~ ~. ?~, hia ~1Ee~ A. E. ~, B~a~d andg~too/ ~1o~t~ ~ tad Co~ntV o~ , 3430 Gait ~ean Dr/va, Ap~. 701~ ~ort Broward a~ .~la~ of Flortd~ , ~ o/~ ~e~ ~, ~t~nof $~0.00 and other va~uabl~ considerations ~rt, ~ ~t , p~ or ~l o/ ~, tit~e lvin~ and ~ind in ~e Co~n~ of Collier 8~ of ~, W ~: The Nor~ one-half of Section 19, To. ship 49 Sou~, ~nge 26 East, Collier County, Florida. SUBJECT TO CONDITIONS, RESTRICTIONS AND RESERVATIONS OF To Iiave and to Hold ~ e~.~, ~e~r ~ ~ ~ppua'tenanc. ts thtrzu.nto belon~q.n~ or in a.nllW~e <zppzrtaining, ~nd o22 tits estate, vht, title, interest and ~lad~n w;&atsocver of the sa. id part~ of tat first part, m' equ. i~l, to t~ ordql proper u4e, b~nzfl~ and b~hoof o/tat ~wid part~t of tat ~scond In Witness Whereof, tat ,oxd pa~ of th, fir,~ ~ na~ State of Florida, } /~2/' ~/' ' '. C, ?. :,'. · I ]IEREBY CEflTIFY, That on gait dali psrzonallli appe/ared be/ore rn, e, an el]leer , dulli authorized to admlnltter oath~ and ta'ke aaknowl~cl~mont4, LUClSIJ', M. 1.4~1I$, Joined by hat husband, WALLACE L. LEWIS; GERALD O. PARENT and KATHLEEN J. PARENT, his wife; A. E. BARRS, OR., and CANDICE BARRY, his wife to mz well knourn to bz tbs pertone deserlbod In and who ~ve. cu. tezl the/ore~oin~ lnatrurnen£ and they acknozvl'exl~cd be/ute n,a tl~at'~, they .' e~seuted the same /redlt und voluntarili/ for the p,,rpote~ tltt~rein ¢..r4,~'~t~/." WITNF,~K~ mV hnnd a,d o/TIciat ~,ztl at. Fort Lauderdale .. :."': '..:.'. dui~ o/ January /[. ]). ]9 73 . : ' ~,-,~ *, ~-,.,4 ,'..,, ~' '-.' '' "' '"" ~ :'/,[ !1 (',,,,~,nti.,,',v,',,.,,, /..',tT.//.,-x ~61£}TT' con, :,3~.ro $~50,000.00 '--iii' '595' ~S ~~. M~e the / . ~y a Feb~ary ~o7~ . ~rlmten ~ ~i~R.t~ ~rrie~ ~,3oin~b~ hi~ wire,~i~t R.~W~, and ~ned by her h~band,~C~ A. OE~CS,.3G30 O~t Ocn.~r.~t.7Ol~t.L~e:Fla. ~ II~ C~,,~ d ~rowa~ . ~e ,~ glo.da . X~L~ H~, ~O.,a Florida w~ ~ ~ ~ a 109~ la~ Avenue, Sou:h, Naples, Florida 33~ ~ tie C~.,~ ~ Co~ler , Sla~e u~ Florida ~~. ~ml ~ ~n~. ~ a,d h, ~ide~at~n mi ~he ~,m o~ Ten . . . . . · : ~ · -.- : .. ~.. ........................ 4~i, g ~ ~,~. , e,ate. Ir ,,g a~ ~,,g ,, Co2Iier Gm.tv. ~Hda, ~e South One-H~f (~ of ~he No~h One-H~f (N~) of &ec:ion 19, T~s~p G9 Sou:h, ~e 26 ~s~, Col3ier Ooun:y, Florida. Warranty D~ed. ALSO SUBJECT TO: Conditions, rest~lctions, limitations, reserve%ions, enc~ces o--f record; and, to ~axes for the year 1972, and subsequen: years. · 'Cra.tot' and '~ant~' are Itel f~ sl.~,]ar ~ p4~rn], as ~).tcxt rt~lul~. ~x~ o~ ~'~RIDA Terence ~race,~rried and f/k/a ~rian H.~wis,si~le,and Aorence A.~race,her hushed . . ..... : . .. ~ r.y. ,. ,., HIXON & INGR~. - III 5~6 ~,,~ 526 · '~, ~. ;.?.'- · . · . . . . ., . · ...... ,. - : · ~" ')'2":' ,¢N'~'~~' OOCU.~£NTARY=/4 ' ~*:'" "'"~LX \1'' ~ · . ~'..'~." -- .~C,... :.','-.. :' :: ...... .' . '. · '. .'' .-: :'. ..~'~ ' .,'7.,.- 7 .' ' , .:: ' '° · '"':. ':;~,1, . FnZl 10 ~ ~73 H~(~.RET T. SCO~ CLERK OF CIRCU~ COBRT ...... "' ........ 1 3 2003 · 'zgso~ I[~ 506 ,,~ 527 ~p~u,~a ~o~ oo~o~on~ whooo Poet O~co ad,aa 109~ la~ Avenue,~Ou~h, Naploe, ~orlda Joint ~er8 with right o ~outh One-}[~f (S~) e:t. ion 19, Township Gounty; PURCHASE ].iONEY ~tORTGAGE [:: '" ~')~UM[NTARY '.~.,STAMP TAXI ~ ::;;;D[.~ ~¥~ ', ~ 'kr.;,.'."~ ........... · .~ -, :' :. I..:.~ :...:.~'; ~ [ ~E R~N ~: '- -' : ....... "' ' I A~. ~N J. IHT~iA 3200 E. OASU~D PA~K DL~. ~ORT ~UOERD~[, FLCRIDA A~ORNE~ 657 FI~I4 AV~. ~UUd il~, COPY INOORPORATED HEREIN BY REFFi~3{¢E AND ATTACH~LgqT HERETO. ; k12,500.00 Naples, F~,~,. Februa~..l~/;73 F,, ,~ ~,~ ~ ~ ~a ~o ~ ~ ~ ~c, o/ W~LACE L.~¥/~ JR. and ;. . ~ GE~CE~ Joint O~ers '~i~h ~ht Of ~ivorshi~;ot AS~on ~ ~ ~ e/Four H~dred ~elve ~ousan Y H ~ (~. 8emi.~Y ~~.~: Si~een (16) equ~ seml-~ pa~n~o ~ p~ncipal in tho ~ ~enty-~vm ~%ou~d Seven H~dred El~h%y-Ons ~d 25/lOOt. h~ ~h ~he'firsc of ~d princip~ payments due ~d pa~bl6 on February 15,1~&. ~firs= in~e~sC pa~en~ ~11 be duo and pa~ble on A~us: 1~,1~3. ~ inCere~ ~1 be ~de co~echeu ~:h ~he princip~ pa~en~ due ~d sve~ 6~h moth of each year Zhe~e~e~,unCil Chis Nots has been paid in f~. Subsequen~ ~o ~he year l~3,~his No~e ~y be puep~d In pa~ ou in whol~ ~%ho~ pe~ty, . _ ;, ~_ -~: .... ~ - ~~~,%U'~;:__. / .. 20O3 ,~ ac~u~ ceo~ v~ue, // / / /~ ~ I . ~'~'~ .. . , ~,<m ' . ~TAT~ OF FLOIIDA. COUNTY OF He~ ~. Kreh~n~, Jr., Pres~den~ ot ~re~n~ Homes, ~nc., ~e co.ora=ion named as Mor~g~or in ~he' foregoing ins%ru:,en=, ~ ~ ~,.he -~,~ ,~ ~. under au~horx~y d~y ~es~d in hi~n by said Feb~ary A.m.,~73 / ~./~ ~ ' .'... ' ..... ...-. ~ ~MMISS~ON ~R~ ~. ~ ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9619N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM ~A' RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS LIVINGSTON VILLAGE PUD LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD (C.R. $81) NORTH OF WYNDEMERE COUNTRY CLUB, IN SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 148.98+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael Fernandez, AICP, Planning Development, Incorporated, representing Marian H. Gerace and Wallace L. Lewis, Jr., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 19, Township 49 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agriculture to "PUD" Planned Unit Development in accordance with the Livingston Village PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9619N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency /~--Matjorie M. Student Assistant County Attorney PUDZ-2002-AR-3095/RB/Io ~ % MAY 1 3 2003 EXHIBIT A LIVINGSTON VILLAGE A PLANNED UNIT DEVELOPMENT PREPARED FOR: Marian H. Gerace and Wallace L. Lewis, Jr. cio Steven A. Landy, Esq. - Greenberg Traurig Attorneys at Law 1221 Brickell Avenue Miami, Florida 33131 PREPARED BY: PLANNING DEVELOPMENT INCORPORATED Michael R. Fernandez, AICP 5133 CASTELLO DRIVE SUITE 2 NAPLES, FLORIDA 34103 239 / 263-6934 / 263-6981 FAX PDI MRF @ AOL.COM DATE FILED: July 12,2002 DOCUMENT DATE: April 25, 2003 DATE REVIEWED BY CCPC: April 17, 2003 DATE APPROVED BY BCC: ORDINANCE NUMBER: MAY 1~~._ 2003 ii TABLE OF CONTENTS SECTION PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE iii SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL DISTRICT 3-1 SECTION IV RECREATION DISTRICT 4-1 EXHIBITS EXHIBIT A LIVINGSTON VILLAGE PUD MASTER PLAN MAY 1 3 2003 111 STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Wallace L. Lewis and Marian H. Gerace, hereinafter referred to as the developer, to create a Planned Unit Development (PUD) on 149+ acres of land located in Section 19, Township 49 South, Range 26 East, Collier County, Flodda. The name of this Planned Unit Development shall be Livingston Village. The development of Livingston Village will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The development will be consistent with the adopted growth policies and land development regulations of the Growth Management Plan's Future Land Use Element (FLUE) and other applicable regulations for the following reasons: 1. Livingston Village is compatible with adjacent land uses as required in Policy 5.4 of the FLUE through the internal arrangement of land uses, the placement of vegetative buffers, and the proposed development standards contained herein. 2. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 3. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the FLUE and therefore is eligible for the base density of four units per acre as provided by the FLUE Density Rating System. The proposed density for the project is 3.9 units per acre which is less than the maximum density provided by the Density Rating System contained in the FLUE and therefore is consistent with the FLUE, Policy 5.1. SHORT TITLE This ordinance shall be known and cited as the "LIVINGSTON VILLAGE PLANNED UNIT DEVELOPMENT ORDINANCE". MAY 1 3 2003 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Livingston Village PUD, and to describe the existing condition of the property proposed to be developed. The Livingston Village PUD is located within Collier County. 1.2 LEGAL DESCRIPTION The subject property being: Description of Part of the North ¼ of the North ½ of Section 19, Township 49 South, Range 26 East, Less and Excepting Interstate 75 Right-of-Way located in Collier County, Florida Beginning at the Northwest corner of said Section 19; thence along the north line of said Section, South 89037'04'' East 4886.95 feet to the west right-of-way of Interstate 75; thence along said right-of-way South 00~07'55'' West 1326.91 feet to the Northeast corner of Lot 7, Grassmere Phase Two, as recorded in Plat Book 16, pages 20-21; thence along the north line of the replat of the part of Wyndemere Tract Map as recorded in Plat Book 13, pages 3943, North 89°36'39"West 4896.99 feet to the Northwest corner of Parcel "BB" according to said plat; thence along the West line of said Section 19, North 00o33'56" East 1326.30 feet to the Point of Beginning; Subject to easements and restrictions of record. Containing 148.98 acres more or less. Bearings are based on the north line of Wyndemere being North 89036'39'' West. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership and unified c~ntrol of Wallace L. Lewis, Jr. and Madan H. Gerace, hereinafter jointly called "applicant or developer". HAY 1 3 2003 1.4 GENERAL DESCRIPTION OF PROPERTY A. The total site area is 149:!: acres and is located immediately north of the Wyndemere residential community along Livingston Road and extends eastward to the right-of-way of Interstate 75. This parcel is located within Section 19, Township 49 South, Range 26 East, Collier County, Florida. B. The zoning classification of the subject property prior to the date of this approved PUD Document was "A" - Rural Agriculture. 2-] SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Livingston Village, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Livingston Village has an area of 149+ acres and shall consist of a maximum of 590 residential units developed as a mixture of single and multi-family residences in a community of individual residential tracts, and shared open space features. The project's primary access shall be from Livingston Road via an entry drive or public road located along the northerly property line of the subject property. A secondary access from Livingston Road shall be located approximately 660 feet north of the property's southerly boundary. The Livingston Village PUD Master Plan is illustrated graphically on Exhibit "A". A Land Use Summary indicating approximate land use acreages is shown on the PUD Master Plan. The location, size, and configuration of individual tracts shall be determined at the time of preliminary subdivision plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2. of the Collier County Land Development Code (LDC). 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Livingston Village PUD shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and GMP which are in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Unless modified, waived or excepted by this PUD Document, the provisions of other applicable sections of the LDC remain in effect with respect to the devel,opment of the land which comprises this PUD. D. All conditions imposed herein are part of the regulations which govern tt e m~,-~ in which the land may be developed. MAY 1 3 2003 2.-2 E. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to the Livingston Village PUD, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.2.4. F. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to the Livingston Village PUD, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.4. 2.4 ROADWAYS Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during the preliminary subdivision plat approval process. The developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. The developer also retains the right to establish gates, guardhouses, other access controls, signs and monuments as may be deemed appropriate by the developer on all internal project roadways in accordance with the standards established herein and applicable provisions of the Land Development Code. Roadways within Livingston Village shall be designed and constructed in accordance with Section 3.2.8.4.16. of the LDC with the following substitutions: A. LDC Sections 3.2.8.3.19: Street name signs shall be approved by the Engineering or Transportation Services Director, but need not meet the -- U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street Pavement painting, street striping, and reflective edging requirements shall be waived. B. LDC Section 3.2.8.4.16.9: The requirement that curved streets have a minimum tangent of 75 feet at intersections shall be waived. C. LDC Section 3.2.8.4.16.5: All internal streets shall considered local streets and their standard right-of-way width shall be no less than 50 feet. D. LDC Section 3.2.8.4.16.6: The 1,000 foot length for cul-de-sac streets shall be waived. The maximum length shall be 1,400 feet unless extended upon review and approval of the Fire District. E. LDC Section 3.2.8.4.16.10: The requirement for tangents between reverse curves shall be waived. F. LDC Section 3.2.8.4.16.12.d: The requirement for asphaltic courses shall be waived to allow the use of a surface course of paver brick or decorative concrete pavement. G. LDC Section 3.2.8.4.16.12.e: The requirements that grass be required for all non-paved areas of the right-of-way shall be waived to allow the installation of decorative planters and alternative ground cover. 2-3 H. LDC Section 3.2.8.4.22.9.c: The requirement that drainage facilities on lots be spaced in accordance with FDOT criteria may be varied upon submittal of the necessary data to support the variance at the time of development plan submittal and approval of the Engineering Services Director. 2.5 LAKE SETBACK AND EXCAVATION A. As depicted on the Livingston Village Master Concept Plan, lakes have been preliminarily sited, with the ultimate location and configuration to be determined during the site development review stages of project development. B. Lake banks and edge of water may be sculpted for aesthetic purposes and to complement the overall project theme and may use combinations of vertical bulkheads (rock, concrete, wood), vegetation, beach and earthen berms for aesthetic purposes, consistent with the intent of Section 2.8.3.7.4 of the LDC. Sidewalks may be constructed along the lake edges. C. Final lake area determinations shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7 of the LDC. D. Lake Setbacks Lake excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, unless bulkheading is provided, per LDC and Florida Department of Transportation (FDOT) standards: 1. Lakes and stormwater management features may be located adjacent to internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross-sections, and need for barriers. 2. With the exception of the Collier County drainage easement along the project's south property line, lakes and stormwater management features shall be set back a minimum of 20 feet from external property boundaries of the Livingston Village PUD. E. Blasting may be utilized in the excavation process provided that such use is located a minimum of 350 feet from offsite structures and provided such excavations meet the setback requirements and other provisions of this PUD Document for lakes. Unless otherwise addressed herein, blasting shall be governed by the applicable provisions of the LDC. 2.6 MODEL HOMES/SALES CENTERS/SALES OFFICES/CONSTRUCTION OFFICES Model homes, sales centers, sales offices, construction offices, and other uses and structures including temporary sales and temporary service centers (related to the promotion and sales for the development such as but not limited to pavilions, viewing platforms, gazebos, parking areas, tents and signs) shall be permitted princ~3al uses throughout the Livingston Village PUD subject to the requirements of Article 2 D;',':,c,:~,s._.----,~ 2.6, Section 2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6, of the LI) limitation of Section 2.6.33.4.1.5(a), regarding the number of model homes allo red I~cr to plat recordation shall be applicable to each subdivision tract rather tt ~n,..,, 3 2003 2-4 subdivision phase. The model home/sale centers temporary use permits shall be valid for five years. An annual extension of this temporary use may be permitted with the review and approval of the Planning Services Director. These uses may be either wet or dry facilities. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable water, existing lakes or irrigation wells for irrigation. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or the Livingston Village PUD Master Plan as provided in Article 2, Division 2.7, Section 2.7.3.5 of the LDC. The Planning Services Director shall be authorized to approve minor changes and refinements to the Livingston Village PUD Master Plan upon written request of the developer. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County GMP and the Livingston Village PUD Document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. "- 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights-of-way, other than a relocation of access points to the PUD itself, where water management facility, preservation areas, or required easements are not adversely affected or otherwise provided for. 3. Reconfiguration of parcels when there is no encroachment into the preservation area. 2.8 COMMON AREA MAINTENANCE Common area maintenance will be provided by a Property Owners' Association or other similar entity whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the LDC, Section 2.2.20.3.8. --- 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted asa pri throughout the Livingston Village PUD. The following standards shall apply: - MAY 13 20Q3 2-5 A. Landscape ben'ns shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground covered berms 3:1 3. Structural walled berms - vertical and located at the rear of a required landscape buffer B. The maximum height of the berm adjacent to 1-75 is 22 feet, as measured from existing grade. A landscape berm adjacent to 1-75 shall be as required in Section 2.4.4.18.1 of the LDC. C. The maximum height of any combination of perimeter landscape berm, fence or wall adjacent to 1-75 is an eight foot wall or fence on top of a 22 foot berm measured from the highest crown elevation of 1-75. D. The maximum height of all other fences or walls is eight feet, as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest existing road. E. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall not be subject to the height limitations set forth under Section 2.12 of this Document, and shall be governed by the height limitations for principal structures of the internal land use designation in which they are located. In the case of access control structures within rights-of-way adjoining two or more different internal land use designations, the more restrictive height standard shall apply. F. Upon submission of a landscape plan, the County Landscape Architect may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Livingston Village PUD prior to preliminary subdivision plat and site development plan submittal. Subsequent to construction, all such areas must be included in a landscape easement or tract on final plats, or identified in a separate recorded instrument. G. Fence or wall setbacks: Fences, walls and similar structures shall have a minimum of a 5 foot setback from development boundaries where adjacent to a public right-of-way and a 2 foot setback from all other land uses. H. Fences or walls may be placed zero feet from the internal right-of-way provided that shrubs are provided in the right-of-way and may be located five feet from project perimeter, subject to review and approval by the Transportation Division at time of SDP review. I. In the case of access control structures within rights-of-way adjoining two or more different intemal land use designations, the more restrictive height standard shall apply. 1 3 2003 :2-6 J. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, signs and utilities are allowed in landscape buffers/easements, per the Land Development Code. K. Street Trees: Street trees shall be provided on both sides of ali internal roads or access ways. A Street Tree Master Plan shall be included with the application for a preliminary subdivision plat (PSP) or site development plan (SDP) as may be appropriate. Installation of individual trees shall be installed prior to or concurrent with the development of the adjacent dwelling unit or structure in proximity to the roadway or access way. Shade trees in proximity to sidewalks or other paved areas shall be installed with a deep root barrier system. Street trees shall be placed at the more restrictive spacing of one per lot or one per 50 linear feet. A minimum of 50 percent of the trees shall be canopy trees with a 10-foot height at installation. Street trees shall be located within 10 feet of the edge of pavement and between the edge of pavement and sidewalk when viable. Once installed, should a street tree be displaced or die, it shall be replaced within 6 months. Replacement trees shall minimally meet the original specification requirements, including consistency with the Street Tree Master Plan. This tree requirement may count toward satisfaction of the tree requirements for individual lots or tracts as provided for by the Collier County Land Development Code. If utilized to satisfy Collier County Land Development Code requirements, trees shall be required to meet native species requirements and other applicable Code provisions. 2.10 CLEARING AND FILL STORAGE A. Fill storage is generally permitted as a temporary principal use throughout the Livingston Village PUD until buildout of the project. Fill material may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the developer shall notify the Community Development and Environmental Services Administrator per Section 3.2.8.3.6. of the LDC. The following standards shall apply: 1. Stockpile maximum height: 45 feet 2. Fill storage areas in excess of five feet in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1 ). B. Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.11 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.12 GENERAL PERMITI'ED USES Certain uses shall be considered general permitted uses throughout the Livingston Village PUD except in the Preserve District. General permitted uses include earth mining, rock crushing and excavation operations, which are directly related to and necessary for onsite development, and those uses which generally serve the residents of the Livingst~ ,', ',';',',-- · PUD and are typically part of the common infrastructure or are considered c~ ,mmu-~ rr~_ F4A¥ i 3 2003 2-? A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Water management facilities and related structures including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Architectural features and elements including walls, fences, arbors, gazebos and the like. 7. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape/hardscape features including, but not limited to landscape buffers, berms, fences, water features and walls subject to the standards set forth in Section 2.9 of this PUD and the Land Development Code. 9. Fill storage, site filling and grading are subject to the standards set forth in Section 2.10 of this PUD. 10. Any other uses which are comparable in nature with the foregoing uses and are approved through the process set forth in the LDC in effect at the time of the request for such use. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to General Permitted Uses: 1. Guardhouses, gatehouses, signage, landscape features, and access control structures shall have no required setback except that access control structures shall have a setback of 100 feet from public right-of-way external to the project. 2. Other general permitted uses shall be set back a minimum of five feet from property lines. 3. Minimum distance between structures, which are part of an architecturally unified grouping - five feet 4. Minimum distance between unrelated structures - ten feet 5. Maximum height of buildings - 35 feet 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. ~,~r~, 4AY 1 3 2003 2-8 8. Sidewalks and bikepaths may occur within County required buffers per the Land Development Code. 9. Standards for parking, landscaping, signs and other land uses where such standards are not specif~d herein or within the Livingston Village PUD are to be in accordance with the LDC provision in effect at the time of Site Development Plan, Subdivision Plat or building permit application, as may be applicable. 2.13 OPEN SPACE REQUIREMENTS A combination of the lakes, landscape buffers and other open space shall meet the 60 percent open space requirement for development as set forth in Section 2.6.32.2 of the LDC. Open space shall include all pervious green space within development parcels and lots. 2.14 NATIVE VEGETATION RETENTION REQUIREMENTS There are approximately 14.6 acres of native vegetation currently on site. Per Section 3.9.5.5.3 of the LDC, twenty-five percent of the native vegetation (3.7 acres) is required to be retained on-site. The four acres of preserve areas within the drainage easement on site shall fully satisfy the LDC requirement and Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. 2.15 EXOTIC VEGETATION REMOVAL An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Department review staff prior to final plat/construction plan approval. A schedule for exotic removal within the preservation areas shall be submitted with the above-mentioned plan. 2.16 AGRICULTURAL ACTIVITIES The site has been used and is currently utilized for agricultural purposes. Agricultural activities, as defined in the LDC, shall continue to be a permitted use until such time as residential development has commenced. 2.17 SlGNAGE A. General 1. All Collier County sign regulations in force at the time of permit approval shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. AGENOA ~ 3. Should any of the signs be requested to be placed within a Co~ nty ned (~ ? right-of-way, a right-of way permit must be applied for and appr .ved. MAY 1 3 2003 2-9 4. All signs shall be located so as not to cause sight line obstructions. 5. All internal project rights-of-way may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. 6. Signs may be allowed in landscape buffers/easements. B. Residential Project Ent~:ance Signs 1. Entrance signs may be located at each side of each entrance to the project and may be one, two or three-sided. A maximum of two 1-sided, one 2- sided, or one 3-sided entrance signs may be permitted at each entrance. 2. No sign face area may exceed 60 square feet and the total sign face area of Entrance Signs at each entrance may not exceed 120 square feet. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs from any rights-of-way and any perimeter property line shall be five feet. 4. Entrance signs may be lighted provided all lights are directed to the sign or are shielded. 5. Entrance signs may not exceed a height of 15 feet above the finished ground level of the sign site. For the purpose of this Section, finished ground level shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road. 6. The southeast corner of the intersection of Livingston Road and the entry drive at the project's northern property line (or the Green Boulevard Extension public roadway), shall be considered a residential project access and may be improved with residential project entrance signage. C. Interstate 75 Sign A ground sign shall be permitted along the eastern PUD boundary adjacent to Interstate 75. Such sign shall contain only the name of the development and/or the insignia and shall not contain promotional or sales material. The ground sign shall be compatible architecturally with the unified theme of the PUD. Such ground sign shall not exceed 200 square feet and shall have a maximum height of 20 feet. Sign area shall not include landscaped and architectural enhancements and tre&~ments. D. Intemal Signs in the Residential Districts 1. Residential and community facilities entrance signs may be located on both sides of the neighborhood entrance street and within the entry medians. Setbacks from internal road rights-of-way may be zero feet. Such signs may be used to identify the location of neighl u~l,u~rl-Ei clubhouse, recreational areas and other features within the ivin~J, on ~- ..~. Village PUD. Individual signs may be a maximum of 100 squa~ . fee't~p~-, -- MAY 13 2003 2-10 sign face area. Such signs may have a maximum height of 12 feet. No building permit is required. 2. Residential directional or identification signs may be allowed internal to the subdivisions. Such signs may be used to identify the location of or direction to approved uses such as models or model sales centers, clubhouse, and recreational areas. Individual signs may be a maximum of four square feet per side in size. Signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 24 square feet per side, and a maximum height of eight feet. No building permit is required, unless such signs are combined to form a menu board. E. Directional/Identification Signs Directional or identification signs may be allowed internal to the Livingston Village PUD. Such signs may be used to identify the location of or direction to approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs may be a maximum of six square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 64 square feet per side and a maximum height of eight feet. ~-. F. Real Estate Signs The developer may locate real estate signs within the project. The signs shall have a maximum size of six square feet per side. Such signs may advertise "For Sale", "Sold To", or "Lot #". No building permit is required. G. Temporary Signs 1. Temporary signs may be permitted and may consist of the following types: project identification, real estate, sales center identification, and directional. 2. All other temporary signs may not exceed 32 square feet in area. If the sign is two-sided, each sign face may not exceed 32 square feet in area. 3. The setback for temporary signs from internal rights-of-way shall be five feet. 4. Temporary signs may not exceed 10 feet in height above the finished ground level of the sign site. 5. Temporary signs may remain in place simultaneously with permanent signage until the issuance of the certificate of occupancy for the 442nd residential unit. 6. Special Event Signs not exceeding 32 square feet per side in size may be displayed to announce or advertise such temporary uses as op: ' ~'-'- ..... '"" community fairs or programs or any charitable, educational ev, sign shall be located no closer than 15 feet from any propert! lin .e~Xr'!':' building permit is required. MAY 1 3 2003 2-11 7. Grand Opening Signs: The developer may display an on-site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. ^ banner sign shall be anchored and may be displayed on-site for a period not exceeding 14 days within the first three months of opening for business. 8. No building permit is required for temporary signs as listed above. 9. No temporary signs shall be visible from the 1-75 Right-of-Way. H. Construction Entrance Signs 1. Two "construction ahead" signs may be located ahead of a construction entrance, with a maximum of 20 square feet each in size. No building permit is required. 2. One sign, with a maximum of 20 square feet in size, may be located at each construction entrance to identify the entrance as such. No building permit is required. I. Traffic Signs Traffic signs such as street signs, stop signs, and speed limit signs may be designed to reflect a common architectural theme. 2.18 SITE LIGHTING Lighting facilities shall be arranged in a manner which will protect roadways and neighborhood residential properties from direct glare or other interference. 2.19 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way, or within dedicated County utility easements, shall be conveyed to Collier County pursuant to Collier County Ordinance 97-17, as amended, except as may be provided in Section 2.8 of this Document. B. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.8 of this Document. C. Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. D. Within the project, landscaping (including palm trees, shrubs and ground cover), sidewalks/paths will be allowed within a utility easement, including i~auuf~,~OAITEM within three feet of a utility line. Canopy trees may be located seven feet ~om ~x~ ~ the utility line. Said seven feet being measured from the trunk of the rte t~ ' / MAY 13 2003 2-12 center of the utility line. Reconstruction of sidewalk/paths, or modification/reinstallation of plant materials due to the necessary maintenance of utility lines will be the responsibility of the developer, its successors, or assigns. 2.20 TRANSPORTATION The development of this PUD shall be subject to and governed by the following stipulations. A. All traffic control devices and design criterion used shall be in accordance with the applicable standards of the LDC and applicable standards of the Florida Department of Transportation (FDOT) unless otherwise addressed within this PUD document. B. Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting shall be in place pdor to the issuance of the first permanent Certificate of Occupancy (CO). C. Site related improvements will not be considered for impact fee credits. D. Road Impact Fees will be paid in accordance with Collier County Ordinance 2001-13, as amended, and will be paid at the time building permits are issued, unless otherwise approved by the Collier County Board of Commissioners. E. Any and all median opening locations will be in accordance with the Collier County Access Management Policy, as amended, and Land Development Code (LDC), as amended. Median access and control will remain under Collier County Transportation staff's authority. Collier County Transportation staff reserves the right to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues, roadway capacity problems, etc. F. The development shall be designed consistent with the applicable LDC provisions for sidewalks and bicycle travel ways. G. The developer(s), its successor(s) in title, or assignee(s), shall be responsible for their "fair share" of the cost of any and all traffic signal(s), at any and all development entrances(s), when determined warranted an.' approved by Collier County Transportation staff. The developer shall be eligible for impact fee credits for expenditures above their fair share contribution. When warranted, upon the completion of the installation, inspection, burn-in period, and final approval/acceptance of any and all traffic signal(s), said traffic signal(s) shall be turned over (for ownership) to Collier County, and will then be operated and -' maintained by Collier County Transportation Operations. AnY al relevant to "fair share" payment(s), or reimbursement(s), from any d al~l~~~r-'~ MAY 1 3 2003 2-13 neighboring developer(s)/property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage / impact. H. The developer(s) shall provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) as required by the LDC or other applicable Ordinance prior to the issuance of the first permanent Certificate of Occupancy (CO). Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are required, right-of-way and/or compensating right-of-way, shall be provided when required by applicable provisions of the LDC in conjunction with said improvement(s). I. All work within Collier County right-of-way shall meet the requirements of Collier County Ordinance No. 93-64, as amended. J. All internal access(as), drive aisle(s), sidewalk(s), etc., not located within County right-of-way, will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). K. If a gate is proposed at any and/or all development entrance(s) they shall be designed to provide a minimum depth of 100 feet to the development key pad/phone box and turn around area in advance of any and/or all such gate(s). L. The developer shall reserve acreage along its northern property line for a segment of the potential future extension of Green Boulevard from Santa Barbara Boulevard to Livingston Road and/or the future east-west extension from Whippoorwill Lane to Livingston Road. The reservation shall be the northernmost 75 feet between Livingston Road and the mid section line, approximately 4.5 acres ("Western Roadway Reservation Area"), and the northernmost 100 feet width between the mid section line and 1-75, approximately 5.3 acres ("Eastern Roadway Reservation Area"). This reservation is made, in part, to accommodate a potential alignment of the potential westward extension of Green Boulevard for which an alignment study is scheduled to be undertaken between years 2003 and 2004. Any request for dedication of said reservation which is limited to support the east- west extension of Whippoorwill Lane, or any request for dedication of the Western Roadway Reservation Area only, shall require prior listing of this roadway segment on the County's current and funded five-year capital improvement schedule adopted as part of the growth management plan. Any request for dedication of said reservation which is limited to support the east- west extension of Whippoorwill Lane shall be limited to the Wes~ Reservation Area only. NAY 1 3 2003 2-14 This reservation shall expire January 15, 2005. Prior to this date, the developer agrees to dedicate said reservation to the County upon receipt of the County's request, and upon satisfaction of the above with respect to the Western Roadway Reservation Area, in exchange for road impact fee credits equal to the fair market value of the property dedicated to the County. In the event that the developer has completed the project as determined by the Developer and there are remaining road impact fee credits the County shall reimburse the developer in cash the amount of road impact fee credits remaining. The value of the acreage dedicated to the County shall be based on the fair market value of the said acreage at the time of rezone approval and not at the time of a County request for dedication. In the event that impact fee credits are not available for use in acquisition of reservation lands, then compensation shall be made in cash. The developer shall demonstrate at the time of platting or SDP application that the reservation of the acreage has occurred. The developer reserves the right to improve the reserved area with landscaping and related improvements, but such improvements will not be considered as improvements in the evaluation of the land's value nor shall the Project be dependent on such improvements for purposes of satisfying its obligations under this PUD, unless and until the reservation is deemed vacated as provided below. For example, improvements within the reservation lands shall be in addition to required perimeter buffers in the event the County requires the dedication of the reservation lands. Should the County obtain these lands, the County shall provide an easement, which allows the Developer the option to remove or retain and maintain such improvements until such time as roadway improvements commence. The developer further reserves the right to utilize the area reserved to the County for a project access driveway. Developer shall be responsible for all necessary permitting associated with the portion of the driveway improvements to be constructed. Should the Developer elect to construct the improvements consistent with the design standards of 2-lanes of the proposed 4-lane Green Boulevard Extension urban cross section or an approved cross section for Whippoorwill Lane, as may applicable, or any other alternative design cross section and associated standards acceptable to the Collier County Transportation Department, the Developer shall be entitled to additional road impact fee credits equal to the value of the improvements. In the event road impact fee credits for the construction of the County road remain at the time the Project is completed by the Developer, as determined by the Developer, the County shall reimburse the Developer in cash the amount of the road impact fee credits remaining. Should the County not elect to request the dedication of the reser atic)n I~nrl~ then the reservation will be deemed vaca ed prior to the above date, encumbered acreage shall be released and may be incorporated int, thel~~ I'4AY 1 3 2003 2-15 as if the reservation had not existed, and the Developer may relocate any previously provided project perimeter buffer to the Project's northern boundary. Project improvements which occur south of and adjacent to the reservation lands which occur prior to either the dedication to the County or prior to the termination of said reservation obligation, shall be required to include a 20 foot wide, Type D Landscape Buffer as defined in the Land Development Code. 2.21 ARCHAEOLOGICAL RESOURCES Pursuant to Section 2.2.25.8.1 of the LDC, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 2.22 MONITORING REPORT AND SUNSET PROVISIONS A. The Livingston Village PUD shall be subject to the Time Limits of Section 2.7.3.4 of the LDC. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. 2.23 INTERSTATE 75 BUFFER REQUIREMENTS The landscape buffer to Interstate 1-75 right-of-way shall have a minimum width of 20 feet measured from the existing eastern property line of the subject property. This buffer shall minimally meet the landscape installation requirements of the LDC Type D buffer. Additionally, the buffer improvements shall be designed to have an overall height of 25 feet at installation, as measured from the adjacent right-of-way grade. This height shall be achieved by the use of one or more of the following elements; trees, berm and wall. The maximum height of any wall element shall be eight feet and shall be screened on both sides by a hedge or County approved landscaping equivalent with a minimum height at installation of ¼ the height of the wall and said hedge or landscaping equivalent shall be maintained at a minimum height of 6 feet within 2 years of the initial installation. Any wall or berm component use shall be consistent with development standards of this PUD or if not addressed, the applicable LDC development standard. Should a wall component be utilized, ¼ of the required trees shall be installed on each side of the wall and the required trees shall be evenly spaced. Landscape improvements above the minimum development standards of his ~I?IY Section shall be located at the discretion of the developer and shall not m ~d compliant with native species, palm restrictions, or minimum dimensional req~ irer~s1 3 2003 2-16 of the LDC. Minimum spacing of trees utilized to reach the installation design height of 25 feet shall be 15 feet for palms. Should palms be utilized, then said palms shall be complimented by a mid-story installation of shade trees with a minimum spacing of 1 shade tree per 30 linear feet and an overall height at installation of 14 feet. MAY I 3 2003 3-1 SECTION III RESIDENTIAL DISTRICTS 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Livingston Village PUD designated on the Livingston Village PUD Master Plan as "R1" and "R2". 3.2 MAXIMUM NUMBER OF DWELLING UNITS The number of dwelling units to be built in Livingston Village pursuant to this PUD will not exceed 590. 3.3 GENERAL DESCRIPTION Areas designated as "RI" and "R2" on the Livingston Village PUD Master Plan are designed to accommodate a range of residential dwelling types, compatible accessory uses, recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "RI", and "R2" Districts is indicated on the Livingston Village PUD Master Plan. This acreage is based on conceptual design and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, recreational facilities and other similar uses found in residential areas. 3.4 PERMI'I-I'ED USES AND STRUCTURES - "RI" DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. Single family detached dwellings. 2. Single family attached, townhouse, two-family and duplex dwellings. 3. Zero lot line. 4. Model homes, sales centers including administrative offices and construction offices. 5. Any other use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such a use. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the principal uses permitted in this District, including gazebos, picnic areas, [: and bicycle paths, tennis courts, swimming pools, and othe, 'f-a-c'~li'~ .ITI~- intended for outdoor recreation, project maintenance faciliti~ MAY 1 3 2003 3-2 houses, boat docks (for residents of the project and their guests), garages, pools and other recreational facilities. 2. Signs as permitted by the LDC in effect at the time permits are requested, except as modified herein by Section 2.17. 3. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 3.5 PERMll-FED USES AND STRUCTURES - "R2" DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. Ali of the uses permitted in the Residential "R1" District herein. 2. Multi-family dwellings. B. Accessory Uses: 1. Accessory uses and structures customary associated with principal uses permitted in this District, including gazebos, pedestrian and bicycle paths, swimming pools, garages, pools and other recreational facilities. 2. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 3.6 DEVELOPMENT STANDARDS A. Table 3-1 sets forth the development standards for land uses within the "RI" and "R2" Districts. B. Site development standards for single family uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. C. Multiple family buildings shall have 1.5 parking spaces for all bedroom unit types, with an additional 10 percent of parking for multiple family buildings to accommodate guest parking. D. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within are to be in accordance with the LDC in effect at the time of site development plan approval or preliminary subdivision plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. E. Development standards for uses not specifically set forth in Table 3-1 shall be established dudng site development plan approval as set forth in Article 3, Division 3.3. of the LDC in accordance with those standards of the zoning district allowing uses most similar to the proposed use. ~,GEt~,', r[~l~ ' F. Attached or detached residences which include bedroom suites accesse( frortll~ courtyard and not the main house are permitted providing that: MAY 1 3 2003 3-3 1. The bedroom suite structure must be connected to other portions of the residence in a manner that gives the entire residence the appearance from the street of being one single-family residence and elevation; 2. The bedroom suite structures must be accessible only from the enclosed courtyard and must not be accessible directly from the street; and 3. The bedroom suite structure shall not contain the residence's pdmary cooking facilities. MAY 1 3 2003 3-4 TABLE 3-1 u,'-v,--urm~NT STANDARDS FOR THE "R1 and R2" RESIDENTIAL DISTRICT SINGLE MULTI TWO FAMILY SINGLE ZERO LOT FAMILY & FAMILY FAMILY LINE ATTACHED & DWELLINGS DETACHED DUPLEX TOWNHOUSE Minimum Lot Area 5,000 sq.ft. 3,500 sq.ft. 3,500 sq.ft. 2,000 sq.ft. 2,000 sq. ft. Minimum Lot Width5 50 ft. 35 ft. 35 ft. 20 ft. 60 ft. Principal & 15ft. 15ff. 15ft. 15ff. 15ff. Accessor7 Side Entry Front Yard Garage 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. SetbackS.7, and/or Front ~o Porches Garage or Carport on n/a n/a n/a n/a 0 ft. Parking Lot Accessway Rear Yard Principal 10ft. 10ff. 10ff. 10ff. 10ft. Setback 2, 6, 7, ~ ~ Accessory 8. ~. 5 ft. 5 ft. 5 ft. 5 ft. 10 ft. 10 Side Yard Setback Principal & Accessory 6fl. 0 ftor6 ft. 0 ft or6 ft. 0 ftor6 ft. 10ft. 2.4,7,8,9,10 Maximum Height 3 35 ff. 35 ff. 35 ff. 35 ft. 45 ft. Minimum Distance Between 10 ft. 10 ft. 10 ft. 10 ft. 20 ff. Principal Structures Minimum Floor Area 1,000 sq.ft, 900 sq.ft. 750 sq.ft. 750 sq.ft. 750 sq.ft. Setback from Preserve - 25 ft 25 ft. 25 ft. 25 ft. 25 ft. Principal Structures Setback from Preserve - 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Accessory Structures Front yards are measured from the back of curb or edge of pavement (if not .... "~'~), 2. Where adjacent to a lake or open space feature, setback is reduced to zero-feet (0'). 3. Building height shall be measured from the first habitable finished floor elevation of the unit. 4. Zero feet (0') or a minimum of six feet (6') on either side except that where zero foot (0') is utilized, the opposite side of the structure shall have a minimum distance between structures of ten feet (10'). Zero foot (0') yards may be used on either side of a structure provided that the distance between structures is ten-feet (10'). Patio and pool enclosures, pools and similar accessory uses may encroach into any side yard. Where a physical improvement(s) is proposed to be placed within the side yard setback and such improvement(s) will prohibit access to the rear yard for maintenance purposes, then an appropriate access easement with a minimum width of 3 feet shall be provided. 5. Minimum lot width may be reduced by 29% for cul-de-sac lots provided minimum lot area requirements are met. 6. For any lot served both by a street and an alley, the lot line adjacent to the alley shall be treated as a rear lot line and the setback shall be measured from the back of curb or edge of pavement (if not curbed). 7. Guest house ~ or bedroom suites are subject to setbacks for principal structures 8. Accessory pool enclosure/screen lanai setback may be reduced to zero feet (0') when attached to common privacy wall. 9, Accessory pool enclosure/screen lanai setback from lake maintenance easement may be reduced to zero feet (0'). 10. Common architectural features such archways, arbors, and courtyard entry features shall be exempt from the minimum yard requirements listed above. 11. Principal or accessory structures may not encroach into any required landscape buffer. 12. Lots supporting a principle residence and a quest house shall have a minimum lot area equal to 1Y2 times the minimum lot area requirement of the principle use. No,A~A I~ H NAY 1 3 2003 4-1 SECTION IV RECREATION DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Livingston Village PUD designated on the Livingston Village PUD Master Plan as 4.2 GENERAL DESCRIPTION The approximate acreage of the Recreation District is indicated on the Livingston Village PUD Master Plan. Actual acreage of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Recreation Tract is designed to accommodate customary recreational and amenity uses for a planned residential community. Depiction of the Recreational land use on the PUD Master Plan does not obligate Developer to designate a recreational land use for this acreage and this area may be developed with R1 or R2 District land uses. 4.3 PERMI'I-I'ED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: 1. Community and recreational uses and facilities such as clubhouse and similar facilities that serve as an integral part of a residential development. 2. Shuffleboard courts, tennis courts, swimming pools, children's playgrounds and other facilities intended for outdoor recreation. 3. Open space uses and structures including, but not limited to nature trails, riding trails, fitness trails and shelters, boardwalks, landscape nurseries gazebos, and picnic areas. 4. Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to, or passage through the Recreation District. 5. Utility, water management and rights-of-way/access easements. 6. Lakes and water management facilities. 7. Land use and/or landscape buffers, which may or may not be easements, depending on the buffer use. 8. Lake excavations as permitted by Division 3.5 of the LDC. B. Accessory Uses: 1. Customary accessory uses or structures incidental to recreational areas and, or facilities, including structures constructed for pur!!u~~AIl. E~ .... maintenance, storage, recreation or shelter with appropriate ~,ree_~jng ~" ~' and landscaping. MAY 1 3 2003 4-2 2. Signs as permitted by the LDC in effect at the time permits are requested, except as modified herein Section 2.17. 3. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 4.4 DEVELOPMENT STANDARDS A. Principal structures shall be set back a minimbm of 10 feet from "REC" District boundaries and private roads, and 25 feet from all PUD boundaries and residential tracts, except where the PUD abuts a public dght of way, in which case the setback shall be one half the height of the structure. In no instance shall any structure encroach into a required landscape buffer. 1. Accessory structures shall be set back a minimum of five feet from "REC" District boundaries and pdvate roads, and 20 feet from all PUD boundaries and residential tracts, except where the PUD abuts a public dght of way, in which case the setback shall be one half the height of the structure. 2. Lighting facilities shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. 3. Maximum height of buildings - 35 feet. 4. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - 10 feet. 5. Minimum distance between all other principal structures - 15 feet. 6. Minimum distance between all other accessory structures - 10 feet. 7. Minimum floor area - None required. 8. Minimum lot or parcel area - None required. 9. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of site development plan approval. and J~ (~d 3DV~]IA NOd, SDNIAI'] O.,~LV~Od~IODNI ~J~l=~l/~lO'l=~t~O DNINNV"Id EXECUTIVE SUMMARY .... APPOINTlVIENT OF MEMBER(S) TO THE AIRPORT AUTHORITY OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on August 10, 2005, to the Airport Authority. CONSIDERATIONS: The 7 member Airport Authority was created on June 22, 1993, by Ordinance No. 93-36 and has the responsibility for the construction, improvement, equipment, development, regulation, operation and maintenance of the airports and airport facilities. Members of the Authority shall be residents of Collier County with business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related fields. There shall be at least 1 member of the Authority appointed from each of the communities of Immokalee, Marco Island, and Everglades City if a qualified candidate who resides within the respective area is available for appointment to the Authorityl No person holding elected office at the State, County, or Municipal level shall be appointed to, or be a member of, the Authority. Members must file a Form 1 Statement of financial Interests each year with the Supervisor of Elections. A list of the current membership is included in the backup. Mr. Monte Lazarus resigned his position on March 10, 2003. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT. CATEGORY DIST ELECTOR ADV. COMM. Jam es A. Peterka Public Affairs, General Business,1 Yes None Aviation David R. Gardner General Business, Aviation 1 Yes None Robert G. Genung General Business 5 Yes None COMMITTEE RECOMMENDATION: James A. Peterka FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confu-rning the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MAY 13, 2003 AGENDA ITEM MAY 1 3 2003 Pg. I P.O1 Ap~-15-O3 10:51A COLLIER COUNTY AIRPORT AUTHORITY 2003 Mainsail Drive Naples, Florida 34114 '1~'~ Fax (941) 394-3515 (941) 642-7878 www.coilierair~ April t 5, 2003 Mrs. Sue Filson, Manager Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 RE: Applicants for Airport Authority Board Dear Ms. Filsnn: At thc Authority's April 14, 2003 b~mrd meeting tile Board reviewed your memorandum dated April 4, 2003. The following 3 quail Ii,cd applicants were revie~ved in their ureas o 1' expertise: James Peterka- Public Affairs, General Business, Aviation David Gardner General Business, Aviation Robert Gcnung--- General Business The Board unanimously voted to recommend Mr. J,'uncs A. Pctcrka as tl~e most qualified candidate for tile open position on the board. il' yt)u have any questions, please don't hesitate to contact mc. Sincerely,_ Bob Tweedie Acting Executive Director BT/gdh -. - , .... H :4-154131:il~onApplicanta NO. ~ .... Pg. ~ Mamo Island E~utiv. ~r~rt ~ Immo~lea Ragional Ai~ ~ 2003 Ma~n~a ~e 185 Alqmrt ~oul~rd I~O. Box Naplea, FL ~ 114 I~o~lee, FL ~142 ~0 F.C. Air~rk R~d (~1) 394-3515 fro. (941) 657~1~1 y~x {941) Gg~35~ Fa; ~-- -~A 11/23/99 08/1'0/03 4 Mr. Ko~ E. Doy[~ ~ ~. = 3201 7~h St~, S.W. ~929 N~p~s. FL 34105 ~ego~': Lega~DCIPilot Mr. E. Ra~ond Re~ 06/1~0I 08/10/03 2 Years P.O. Box 390 69~4270 Ch0kotoskee~ FL 34138 Dis~&~: 5 Cat~oo': Aviatio~verglades Ci~' Mr. Bi~ West 2~-77~ 09/11/01 08/10/05 4 Years 5703 D~mmond Way Naples, FL 341i9 D~: 3 ' Cat~oo': B~hg~.S. Mar~e Co~s Logbtics M Mr. Dennis P. V~ey 09/11/01 08/10/05 4 4398 N Longshore Way 598~326 Naples, FL 34119 D~tri~: 5 Catego.D': Aviation logistics & a~fi~ld mgmt Mr. Eugene-J. Sc~idt 09/08/98 08/10/99 I Year 383 H~bour Drive, ~205 263-~ 09/14/99 08/10/03 4 Ye~s Naples, FL 34103 Dis~: 4 C~edoo,: Aviation ~ 6a~ &~0,:ri Mr. Steph~n L. Price 6~7-3~7~ 08/10/93 08/10/97 4 Y~rs ,~ .Hi,Way 29, South 09/11/01 08/10/05 4 Years sqm~I~okalee, FL 34142 Dis~: 5 Cat~oo': p~o~us~essman - Airport Authority tFork Phone Appt'd Exp. Date Term Name I-Ia. me Phone DateRe-appt 2ndEx. pDate 2nd Term Mr. Monte Lazarus ¢.c5,"%~,~. ~-q'5 02/15/94 08110/97 3 Years 222 Waterway Court, #202 394-4104 09/11/01 08/10/05 4 Years Marco Island, FL 34145 District: 1 Otc, goo': Attorney This 7 member authority was created on June 22, 1993, by Ordinance No. 93-36. Members of the Authority shall be residents of Collier County with business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related.fields. There shall be at least 1 member of the Authority appointed from each of the communities of lmmokalee, Marco Island, and Everglades City if a qualified candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the State, County, or Municipal level shall be appointed to, or be a member of, the Authority. Members must file a Form 1 Statement of financial Interests each year with the Supervisor of Elections. FL SE4T 330 & 333 Staff: John Drury, Executive Director, Airport Authority: 642-7878 MEMORANDUM DATE: April 4, 2003 TO: Elections Office FROM: Sue Filson, Executive Manager~ Board of County Commissioners 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. AIRPORT AUTHORITY COMMISSION DISTRICT James A. Peterka 1101 Edington Place /-- "q , x.__ / Marco Island, FL 34145 Da'rid R. Gardner ( / ) 817 Giralda Court {.,4fl .'3 Marco Island, FL 34145 ~R~bert G. Genung 6,4 .q_~ ~%c.C/ . r _ . . 2o5 Cays Drive ,[' ' , ./~gga-,. ~74/~-/9-z'~/:~5 ' 5- k,' -/ Port of the Islands ~, - ~.'70 .,)O°''~' . -, Naples, FL 34114 Thank you for your help. MEMORANDUM DATE: April 4, 2003 TO: Robert Tweedie, Acting Executiv6 Director Airport Authority & FROM: Sue Filson, Executive Manage Board of County Commissioners RE: Airport Authority As you know, we currently have 1 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: James A. Peterka 1101 Edington Place Marco Island, FL 34145 David R. Gardner 817 Giralda Court Marco Island, FL 34145 Robert G. Genung 235 Cays Drive Port of the Islands Naples, FL 34114 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 James A. Peterka 1101 Edington Place Marco Island, Florida 34145~2000 Voice/Fax: 239.389.4262 e-mail: mbjp@peganet.com April 2, 2003 Mrs. Sue Filson Executive Manager, Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Dear Mrs. Filson: As a recent graduate of the inaugural Leadership Marco Island Program, I'm enthusiastic about the opportunity to apply for the vacant position on the Collier County Airport Authority. My considerable experience in the listed areas of concern appears to be a perfect fit for your needs. I have attached an application, together with my resume. Although I am presently employed by the Lee County Port Authority, I have given notice of my retirement, effective June 30, 2003. If you have any questions, or need additional information, please contact me. References available upon request, and thanks for your consideration. Sincerely, James A. Peterka Enclosure --'AGENDAF~M'~ o...2jJ 200? Board of County Commissioners ~.-c? ~..'~ 3301 East Tamiami Trail "~:~ Naples, FL 34112 .~~ (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: James A. Peterka Home Phone: (239) 389-4262 Home Address: 1101 Edington Place; Marco Island, F...L_ Zip Code:__34145 Fax No. (239) 389-4262 Business Phone: (239) 768-4486 e-mail address: mbip~peganet.com Business: Senior Facilities Manager at the Southwest Florida International Airport, Ft Myers, FL Board or Committee Applied for: Airport Authority_ Category (if applicable):_Marco Island resident Example: Commission District, Developer, environmenlalist, lay Person, etc. Are you a registered voter in Collier County: Yes X No Do you currently hold public office? Yes No X If so, what is that office? Do you now serve, or have you ever served, on a Collier Counly board or committee? Yes No X If >,es, please list thc committees/boards Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Graduate of the inaugural class of the Marco Island Leadership program. Prior to relocating to Collier County, served as President and Treasurer of my Condominium Association, and as a board member of Chesapeake Neighbors, a local, non-profit organization supporting the developmentally disabled. Member of the Marco Island Chamber of Commerce. EduCation: MBA, Golden Gate University, San Francisco, CA, 1977 BA, Golden~ate University, San Francisco, CA, Summa Cum Laude, 1975 Experience: Forty plus years of progressively increasing responsibility in key management and operations positions in the aviation field. These include airport operations; construction planning, design and development; airfieid~ pavement, facility and grounds maintenance, renovations and improvements; equipment acquisition and upkeep; and knowledge and compliance with federal and state regulatory and grant requirements. Member of the Florida Airports Council and the American Association of Airport Executives. Have 5,000 hours flying time and a commercial pilot's license with instrument rating. Please see attached resume for specific positions and responsibilities. Please attach any additional information you feel pertinenL This application should be forwarded to Sue l~ison, Execu~tive_Man_a- er to the Board of Coun(y Commissioners, 3301 East rarniami rrau, Naples, rz 3411z If you wan. please fax your aprlica~ o'n to~~-~ 1 3 2003 pg._ JAMES A. PETERKA 1101 Edington Place Work (239) 768-4486 Marco Island Florida 34145 Home (239) 389-4262 OBJECTIVE A position on the Collier County Airport Authority. ED UCA TION MBA, Golden Gate University - 1977 BA, Golden Gate University, Summa Cum Laude - 1975 S UMMAR Y Forty plus years of progressively increasing respons~ility in key management and operations positions in the aviation field, including documemed successes managing organizations in excess of 500 personnel and budgets of $50 million annually. Comprehensive experience in airports and airport facilities construction, improvements, equipment, development, regulation, operation and maintenance. EXPERIENCE 1997 - ~ SFNIC)R FACII.ITIE,q MANAGER~ Southwest Florida International Airport. Directly respons~le for all planning, programming, budgeting and management of the Airport Facilities program, to include maintenance, upkeep and repair of all structures, vehicles, equipment, landscaping and grounds. Responsible for design review, recommendations and final inspection of all in-house and contractual construction to include federaL, state, county and airport code and ordinance requirements. Member of numerous working groups active in the design of the Airport's new Midfield Passenger Terminal, parldng garage and other outbuildings. 1990 - 1997: ASSISTANT DIRECTOR OF MAINTENANCE: Maryland Aviation Administration, Baltimore/Washington International (BWI) Airport, Maryland. Directly respons~le for the preparation and control of an annual $23 million operating budget, including service contracts valued at $11.1 million and overall airport facility housekeeping, maintenance and repair of 56 structures, to include a 1 million square foot terminal complex. Respons~le for review, recommendations and final inspection of all airport construction projects to insure all relevant code and aesthetic considerations were included. Assisted the Director in the rnanagemem of a 170 vehicle fleet, a staffof 140 personnel, 15 miles of nmways and taxiways and 600 acres of aircraft parking ramp. 1985 - 1990: DF. PI ITY DIRFCTOR C)F MAINTh~ANICE, Dover, DE. Generated, implemented and executed annual operating budgets of $26 million, and planned and prioritized capital expenditures averaging $18 million per year for 29 large facilities, runways and taxiways. Directed all personnel planning to include recruitment, training, and qualification of 2200 people ,., ,, - ,~.rP....age Ti ,o James A. Peterka pg. C~. _ 1992 - 3_9_85: PROPI Il .gIONl MANAGFMFNT DIVI,qION DIRF. CT©I~. San Antonio, TX. Planned and executed annual operating budgets in excess of $2 billion. Directed over 400 engineering and technical personnel in the determination of spare parts requirements, distn~oution, depot maintenance programs, and technical and engineering rnanagemem. Directly responsible for worldwide logistics support for 90,000 aircraft and ground support engines valued in excess of $5.25 billion. lgRI - 3_9.82: TRANI.qPORT ~q¥~qTle. M~q PROGRAM MANIAGF. R: San Antonio, TX. Directed the efforts of 55 people, and developed and executed an ann'ual.operating budget in excess of $60 million. Respons~le for worldwide logistical support, including supply, maintenance, tram~rtafion, procurement and production of 202 aircraft. 1070 - 10gl: MAINTENANCE IINIT DIREC. TOR; Fairfield, CA. Dkected the activities of over 500 people, and developed and executed an annual oP~mting budget in excess of $5 million. Respons~le for all maintenance activities performed on 36 home based aircra~ and 650 transient aircraft per month. 1077 - _1..9.~: FI .YING 1 INIT OPER ATIONIS DIRF, CTC}R,. Fairfield, CA. Responsible for personnel management, to include selection, training, currency, and upgrade of 300 plus flying personnel. Respons~le for developing and executing a $3.5 million annual operating budget. Personally maintained the highest proficiency in worldwide flying, including contingency and aerial refueling operations. 1075 - 1077: FI ,IGI4T OPERATIONS, Fairfield, CA. Tmnsifioned fi.om first officer to captain in the world's largest multi-engine jet aircraft involved in international passenger and cargo operations. 1073 - 1074: k~[ .IGI4T OPF. RATIONS, Agana, Guam. Performed operations as the airplane captain, including hurricane and typhoon penetration and tracking, as well as air sampling. 1060 - 1073: FI,IGglT OPV. RATIONI~ Numerous locations. Functioned as pilot, navigator and electronic warfare officer in a variety of aircraft worldwide, including combat operations. PERSONAL Selected for, and graduated fi.om, Marco Island's inaugural Leadership Development Program. Full time Marco resident since May, 1998. Completed the inaugural Leadership Development Program in Anne Anmdel County (Annapolis) Maryland. - Previous Board Member of local non-profit organization supporting the developmentally disabled. Former President and Treasurer of Condominium Association Governing Board- Member of numerous professional, social and civic organizations, including the Marco Island Chamber of Commerce. - Have 5, 000 hours flying time and a commercial pilot's license with instrument rating. pg._ /D . Board of County Commissioners ,' ¢~i:!.i~?~:.~¥;i~ 3301 East Tamiami Trail .... " ~'~i~:~ Naples, FL 34112 ¢~""-':::'~z.~_,~¢ (941) 774-8097 ~:::'~; Fax: (941) 774-3602 Application for Ad.sow Committees oards Home Address: Rig ~aL3a ~a~aw ~ae~ ~cnNnZipCode: Fax No. (J~q) k+J~q tDBusiness Phone: e-marl address: Business: Board or Committee Applied for:~x~ ~ ~u mmU ~ m~ Catego~ (if applicable): Example: Commissiou D~ct, D~elo~r, environment~h lay ~n, etc. Are you a registered voter in Collier Count: Yes ~ No Do you currently hold pubUc office? Yes No If so, what is that office? ~ you now se~e, or have you ever se~, on a Collier Cou~ b~ or commi~? Yes Ify~, ple~e li~ the commi~oa~s: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education: Experience: Pleat a~h any addi~onal info~on yo~ feel pem~en~ Th~ appllc~on should be fo~arded to Sue ~on, ~ec~ve ~anager to me Bo~d of Co~ Comm~sione~, ~301 E~t T~i~i Tr~L Napl~, FL 3411Z If you w~h, ple~e f~ your app~caa~n to (94 I) 774-3~2 or e-mail to suefilso~colli~ov.n~ ~a~ you f~ vo~e~ to s~e ~e ~ of Co~ Co~. ATTACHMENT #1 C OMNIUNITY ACTIVITI_-ES; Marco Island Lions Club- Director Southeastern Mass. Chief's of Police ~ssn. Member New England Ivlinority Purchasing Council Marco Island Civil Air Patrol Squadron- Kank Colonel- Advisor to the Commander Marco Island Flotilla U. S. Coast Guard Auxiliary- Pilot Naples Concert Band- Volunteer EDUCATION; Bourne, Mass. School System- high school U. S. Air Force Command and Staff College EXPERIENCE; Korean War- Medic '50-51, Battalion Ordnance Specialist '51-54 Police Officer '55-'69 Construction superintendent '69-75 Hold unrestricted construction license Mass. President and CEO of construction company '75-'00 Commander Mass. Wing Civil Air Patrol '83-'86 FAA Accident Prevention Counselor 4,000 hour pilot with instrument and multi-engine ratings- aircraft owner Aircraft Owner' s and Pilot's Association ' Airport Support Network' representative for Marco Island. My construction company constructed airport facilities including hangers, runways, lighting systems, approach light systems, radar weather systems and towers, and rocket storage facilities. 2003 Board of County Commissioners .... ~,~.~.,_?~% 3301 East Tamiami Trail ~'~'~ "~ < Naples, FL 34112 ~' ~-~ (941) 774-8097 ' -- 5~ ~ Fax: (941) 774-3602 ' Application for Advisory Committees/Boards Name: ROBERT G. GENUNG HomePhone: 389-1266 Home Address: 235 Cays Drive (Port of the IslaZiO~ode: 34114 FaxNo. 389-9391 Business Phone: Same e-mailaddress~romartwo°earthlink.net Business: Realtor/Developer Board or Committee Applied for: Collier County Avivation Board Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. :¥~ / [ /.~,~ Are you a registered voter in Collier County: Yes x No %'.,i"','i '~' Do you currently hold public office? Yes No x If so, what is that office? Do you now serve, or have you ever served,.o~ a Collier C~u;~ty bon_.rd or. coq~mittee? Year x No ucnopee ~'~re u~s~r~ct Advisory If yes, please list the committees/boards: Board Port of the Islands C~.'I.D. Board of Supervisors P~ease~isty~urc~mmunityactivities(civicc~ubs~neighb~rh~dass~ciati~etc.andp~siti~ns held: Publish the Port Newsletter "What's News at the PORT" Publish the Port Telephone directory Marco Island Board of Realtors National Asso. of Real Estate Boards Education: 3 yrs Colleqe-Pharmacy Major U.S. NAvy Reserve 1947 to 1951. Experience: I have been activly engaged in the Sale,Insuring,Managihg-and developing_ of Real--~st~te for the past 40 years. Iama pilot with instrument and multi-enqine ratinqs. I presently own and operate Robert Genunq Real Estate Co. in Florida and Indiana. Romar Concepts is my construction company for Industrial Buildinqs, Etc. Ple~e ~ach any add~onal info~on you feel pe~nenL Th~ applic~on should be fo~arded to ~ue ~bon, ~ecu~e Manager to the Board of Coun~ Comm~slone~, 3~0I E~t T~i~i Trai~ Naples, FL 34112. If you wbh, ple~e f~ your appHcaMon to (941) 774-3~2 or e-mail to suef~o~co~ov.~ ~a~ you for ~o~,~g to s~e ~e ~ of Co~ Co~. Monte Lazarus 222 Waterway Court, #202 Marco Island, Florida 34145-3541 Tel. 239-394-4104 Fax 239-394-4102 E-Mail Behqoshi~corncast.net March 10, 2003 MAP, ~ ~, 2003 Chairman, Collier County Board of Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Dear Mr. Chairman: Please accept my resignation as'a member of the Collier County Airport Authority. I am fortunate to be selected to serve on the Marco Island Planning Board, and I am not eligible to serve on two boards. It has been a great' Privilege t° serve alongside the dedicated members and staff of the Airport Authority. In the past eight years they have transformed three derelict airports into excellent public use facilities. Thanks to the devotion of those volunteer members of the Authority, both past and present, Collier County now has an investment in three productive airports which not only serve the traveling public but provide important economic benefits to Collier County. I shall miss my colleagues and I hope they are recognized for their important contributions to their community. Sincerely, Monte Laz~_~ EXECUTIVE SUMMARY RE-APPOINTMENT OF MEMBER TO THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE OBJECTIVE: To re-appoint 1 member to serve a 4-year term, expiring on May 22, 2007, and confirm the City of Naples appointment on the Collier County Coastal Advisory Committee CONSIDERATIONS.: The Collier County Coastal Advisory Committee has 2 terms expiring on May 22, 2003. This 9 member committee was created by Ordinance 2001-03 to assist the Board of County Commissioners with its establishment of unified beach erosion control and inlet management programs within the unincorporated and incorporated areas of Collier County, and to advise the Board of County Commissioners and the Tourist Development Council (TDC) of project priorities with respect to funding sources that are available to Collier County for restoration and protection of its shoreline. The committee is composed of 3 members fi.om the unincorporated area of Collier County, 3 members fi.om the City of Naples and 3 members from the City of Marco Island. Selection for membership on this committee will be based upon the applicant's familiarity with coastal processes, inlet dynamics, coastal management programs, or demonstrated interest in such programs; relevant education and experience; leadership and involvement in community affairs; and willingness to attend meetings and to undertake and complete assignments. After initial appointments, terms will be 4 years. A list of the current membership is included in the backup. Mr. John P. Strapponi term will expire on May 22, 2003. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY. DIST' ELECTOR ADV. COMM. I John P. Strapponi I Collier County I 1 I Yes I Coastal Advisory Committee COMMITTEE RECOMMENDATION: John P. Strapponi Conf'u'mation of City of Naples member: Ronald M. Pennington FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confa'ming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MAY 13, 2003 AGEND~ ~[EM ~ I'.~,~,¥ i ~ ""~ Memorandum To: Sue Filson Executive Assistant, BCC From: Ron Hovell, P.E. Public Utilities Engineering Department, Coastal Projects Manager Date: April 21, 2003 Subject: Coastal Advisor)/Committee Appointment ,, I have received your memorandum of March 28, 2003 forwarding Mr. Strapponi's application to fill the vacancy on the Coastal Advisory Committee. Mr. Strapponi meets the qualifications required and has been an active member of the committee since it's creation. At their April 10th meeting, the Coastal Advisory Committee unanimously recommended that he be re-appointed. If you have any questions, please don't hesitate to call me at 530-5342. cc: Jim DeLony Roy Anderson [.-'..;',¥ Public Utilities Engineering Department P~; Collier County Coastal Advisory Committee t~'ork Phone Appt'd E.x7z Date Tertn Name Home Phone DateRe~appt 2ndEx77Date 2nd Term Mr. Anthony P. Pires, Jr. 649-6555 05/22/01 05/22/05 4 Years 209 Madison Drive Naples, FL 34110 District: 2 Categoo,: Collier County Mr. David A. Roellig 05/22/01 05/22/04 3 Years 6000 Pelican Bay Boulevard, #504 594-2210 Naples, FL 34108 District: 2 Category: Collier County Mr. John P. Strapponi 05/22/01 05/22/03 2 Years 589 St. Andrews Boulevard 775-2882 Naples, FL 34113 District: 1 Category: Collier County Mr. James L. Snediker 05/22/01 05/22/05 4 Years 3000-417 Royal Marco Way 642-3566 Marco Island, FL 34145 District: 1 Category: Marco Island Mr. John A. Arceri 394-8852 02/11/03 05/22/07 3+ Years 1228 Lamplighter Court 394-8852 Marco Island, FL 34145 District: 1 Category: Marco Island Mr. Bedford H. Biles 02/11/03 05/22/04 I Year 1588 Heights Court 394-3089 Marco Island, FL 34145 District: 1 Category: Marco Island -~- ' AC~ENDA ITEM wedn~stlay, February 12, 2003 Page 1 of 2 ~. ~j~ Collier County Coastal Advisory Committee Work Phone ~tppt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. William Otto Kroeschell 05/22/01 05/22/04 3 Years 272 Mooring Line Drive 262-6639 Naples, FL 34102 District: 4 Category: City of Naples Mr. Ronald M. Pennington 05/22/.01 05/22/03 2 Years 3430 Gulf Shore Blvd., N., Unit 2F 263-6935 Naples, FL 34103 District: 4 Category: City of Naples Councilman Gary Galleberg 213-1015 05/22/01 05/22/05 4 Years 735 Eighth Street, South Naples, FL 34102 District: 4 Category: City of Naples , This 9 member committee was created on February 13, 2001 by Ordinance 2001-03 to assist the Board of County Commissioners with its establishment of unified beach erosion control and inlet management programs within the unincorporated and incorporated areas of Collier County, and to advise the Board of County Commissioners and the Tourist Development Council (TDC) of project priorities with respect to funding sources that are available to Collier County for restoration and protection of its shoreline. The committee is composed of 3 members from the unincorporated area of Collier County, 3 members from the City of Naples and 3 members from the City of Marco Island. Selection for membership on this committee will be based upon the applicant's familiarity with coastal processes, inlet dynamics, coastal management programs, or demonstrated interest in such programs; relevant education and experience; leadership and involvement in community affairs; and willingness to attend meetings and to undertake and complete assignments. After initial appointments, terms will be 4 years. FL STAT Staff.. Ron Hovell, Project Manager, PUED: 530-5342 t4tednesday, February 12, 2003 Page 2 of 2 . Pg- ~ MEMORANDUM DATE: March 28, 2003 TO: Elections Office r~ ' FROM: Sue Filson, Executive Manage Board of County Commissioners 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. COLLIER COUNTY COASTAL ADV COMM COMMISSION DISTRICT John P. Strapponi 589 St Andrews Boulevard Naples, FL 34113 Thank you for your help. MEMORANDUM DATE: March 28, 2003 TO: Ronald Hovell, Coastal Projects Maimger FROM: Sue Filson, ExecUtive Manage&' Board of County Commissioners--' RE: Collier County Coastal 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 resume for consideration. I have attached the resumes received for your review as follows: John P. Strapponi 589 St Andrews Boulevard Naples, FL 34113 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-fi:me, and I will prepare an executive s~ 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 03712/2~03 02:37 19470249 g STR~:~PONI P~GE 02 Board of County Commissioners 33(11 East Tamiami Trail Naple~. FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards A~ you a ~~ v~t~ ia Co~r Ca~~ No Do you cu~y h~ld pubic o~? Y~ Ify~ p~ ~t t~ c~~~: _ ~ .... ~e~ I~t your communit~ a~vi~ (civic clubs, nei~borbo~ held: Education: 84/25/2883 87:37 2392131025 CITY CLERK PAGE .... ApzS! t?, 2003 OFFICE OF CITY CLERM Transmitted Via FAX to 774-3602 - 4 pages Ms. C. Sue Filson, Administrative Assistant Board of County Commissioners Collier County Government Complex 3301 East Tamiami Trail Naples, FL 34112-4971 . · Re: Coastal Advisory Commi'rfec Dear Sue: ,,, ...... ,. _ Attached is the appli~ati'oii' ~ibrb~t~d.by.~,.~}nald Pen_ningtoa for reappomtm Lent as a City representative on t.I{e '~iar'Cg~ty Coa~t?,i Advisory Committee. Also at :ached is Resolution its enclorscm~i~t of Mr. Penni ~gton for a four-year 03_10005 by which the,~ity Council conve? . , ;' ..... term commencing May 1~3, 2003 ~.~ ,.:, ~. I, ' '"" ' 1t Please contact m.~' 'I~'~ l~r.qv, ide any a~ t~t~f0.~ ~ [~,;oulcl.apl; eciate receiving Tara A. Norm; n City Clerk attackraents 84/25/2883 87:37 2392131825 CZTY CLERK PAGE 82 RECEIVED JAN 6 2002 ....... i City of Naples CITY C: NLAPLES Application for Volunteer Service CiTY CLERK Business A. ddress Board or Committee Applied For [ Collier County Coastnl Advisory £ ommittee Vvq~at other volunteer positions are you imeres~ed in'?. "-- .... : Are you a City resident7 V' .-g:-~ If so, how long? ;~ ] ~,,,F5 Regi~terel voter? ...... Do you now bold public offi¢¢? fl,/¢).. If so, what is that offi¢¢7 "- Are you employed by the City of Naples or any other governmental body?.,'d/0 Are you related to anyone employed by the City of Naples? //]/~ I I Do you s=rv¢ on ~ bo~rcl or oommilt¢¢ of Colli=r County govmmment? Please list yom' conxnunity ~tivi, fies (~ivic clubs, neighborhood asso.ciations, =te. ) t'rf~, t'/eaxe attach your resume ,,~d provid~ tl,~ name and ¢ddresx of a loeM Individual , ~o Ca# confirm 'your background and ex~perienee. Tlds application should be forwarded to the City Clerk's O~ce, 735 Eighth Street South, Naples, Florida 34102-6796. If you wish, please fax your application to the attention o~thq City C_le_r_k~a_t · ._~ 259-213-IO25.community. Questions should be di~cted to 239-223-1015. Thank you for your wi~ing~essl ] [~O.__C:/~J~~'~ 04/25/2003 87:37 2392131625 CITY CLERK PAGE 83 Mm'ch 1. 2002 Ron P .~m'~in~ton Application for appoi~t to the Collie. Counl~ Co~ ~m~ Comi~ City Relat~ b~k~ ~d I ~ ~n a "~h.~n" for ~ ~my adu~ life, ~ng ~ili~ty with the v~ies ofbe~h~, ~d ~e~ p~ble~, for ~ch of~ East Coa~ ~d o~ ~fCoast. 1 w~ the M~fi~s ~ope~ ~ ~th ~sponsibility for ow ~ch ~k ~ ~er$i~l. of ~1 ~ b~ch~s in Th= Moorings. In 1991 1 wa~ privileged to ~ the ofi~! c~im~ oft~ Naples B~ch Kenoufishm~laint~e C ommin~. ~ ~ ~ I d~v~lop~ t~ b~ch r~o~ shm~t pw~m ph~ wkh ~nding o~ions, wMch I pre~nt~ to ~ County Commi salon, T~ plan w~ ultimately ~opt~ by o~ioa which continues to ~ t~ ~eagy e~~ ~o~. I ~ famili~ ~th M1 the Cowry pilate M~ B~s. ~ a ~gment of Key Isled b~h. I photo~ph~ Napl~ ~ach ~om ~r~n P~s to ~or's P~ ~d on to C~ P=ss. 1 Mve also ~ the le~ ofV~d~bih B~h ~d ~gments of Lely B~oot Beach ~om '~¢ North ~ W t~ ~blic p~ ~ ~e So~. I w~ a City C~ndl r~r~emafi~ on t~ Ci~'s ~mmiR~ ~om 1992-96. I assimed in the pr~ation ofthe To. st D~elopm~t Counc~ (~C) ~t~a for ~lo~tion of ~nds for ~ch ~oufishm~t ~d ~uentt~ ap~ ~ore the beach p~j~ I ~lieve my ~fience ~11 ~ ~ as~ to ~e C~al Adviso~ Commi~ee ~d will ~ ple~ to ~. ~....- . 'ffi~ For Co.marion: ~. Jon Staig~, Ci~ of pg. 84/25/2883 87:37 2392131825 CITY CLERK PAGE 84 Book 122 ' Page Agenda Item 19d Meeting of 3/19/03 . lt~SOLUTION 03-1000S A R~SOLUTION ENDORSING ONE CANDIDATE TO FILL A FOU~-YEA/~ ~RM AS A RKPRESENTATIVE OF THE CITY OF NAPLEg ON THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE; DIRECTING TI{AT THE APPLICATION/RESUM~ OF THE CANDIDATE FORWARDED TO THE BOAI%D OF COLLIER COII1TT~ CO~ISSIONERS; A~FD PROVIDING A.N EFPECTZVE DAT~. WHEREAS, the term of Ronald Penn~ngton as a representative of the city of Naples on the Collier County Coastal Advisory Committee expires on May 22, 2003, creating a vacancy i~ a four-year termf and WHEREAS, pursuant to Section 2-268 of the Code of ordinances the City of Naples has conducted a recruitment and interview process ascertain qualified candida=esl NOW, THEREFORe, BE IT RESOLVED BY THE COUNCIL OF T~E CITY OF NAPLES, FLORIDA~ ~ection 1. That Ronald Pennington is hereby endorsed for appointment as a City of Naples representatives on the Collier County Coastal Advisory Committee for a four-year ter~ commencing May 23, 2003 and expiring May 22, 2007. S~ction 2. That the city Clerk is hereby directed =o forward this resolution, alon~ wi=h ~he above candidate's application/r~sum~ to the Board of Collier County Commissioners for its consideration. Section ~. This resolution shall take effect immediately upon adoption. PASSED T~N OPEN A1TD REGULA~ SESSION OF ~ ~0UNCiL OF THE CITY OF NAPLES, FLORIDA, THiS 19th DAY 0P MARCH, 200~. . ~ ~-~-. · ~, At=est: Approved as towf-~rm and legality by: Tara A. NormS, City Clerk Robert D. Pritt, Ci=y Atto~ey Pi6 // _ EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on February 4, 2004, on the County Government Productivity Committee. CONSIDERATIONS.: The County Government Productivity Committee has 1 vacancy due to a resignation. This committee is composed of 11 members, with the vice chair of the Board of County Commissioners serving in a liaison capacity. The members are appointed by resolution of the Board of County'Commissioners for a two-year term and must be permanent residents and electors of Collier County. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the Board of County Commissioners. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost-effectiveness. The committee may also assist in the implementation of those recommendations. A list of the current membership is included in the backup. Ms. Jean Ross-Franklin resigned on March 18, 2003. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY. DIST ELECTOR ADV. COMM. Sydney E. Blum Job Costing, Mgmt Styles, 4 Yes None Efficiency Training Michael S. McCampbell Law Enforcement Admin, Trainer, 3 Yes None Narcotics Enf. Mgmt. COMMITTEE RECOMMENDATION: Michael S. McCampbell 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 prep~e a resolution confu'ming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MAY 13, 2003 pg. I MEMORANDUM TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Winona St0ne,~ssistant to the County Manager DATE: April 23, 2003 SUBJECT: Productivity Committee Recommendation to the Board for Filling Vacant Position The Productivity Committee has reviewed the two applications received by the prescribed deadline for one vacancy. Applicants were evaluated based on their potential contributions to the Committee. The Committee found both applicants to be highly qualified. The Committee recommends the following applicant for appOintment: NAME TYPE OF TERM FIELD OF EXPERTISE APPOINTMENT EXPIRES Michael S. McCampbcll Initial Appointment February 4, 2004 Law enforcement administration, trainer, narcotics enlbrccmcnt management The Committee does not recommend the following applicant for appointment to the Committee: NAME YIELD OF EXPERTISE Sydney E. Blum Job costing, management styles, efficiency Waining Please advise Should you need additional information. Assistant to the County Manager Voic~ 774-8383 Fax 7744010 Email Winona Stone @ colli~gov.nct MEMORANDUM DATE: April 21, 2003 TO: Elections Office ger~ FROM: Sue Filson, Executive Mana Board of County Commissione~ 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. COUNTY GOV'T PRODUCTIVITY COMM COMMISSION DISTRICT Sydney E. Blum 237 Burning Tree Drive Naples, FL 34105 Michael S. McCampbell ( ,.~/ 1880 Crestview Way Naples, FL 34119 O Thank you for your help. County Government Productivity Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Albin A. Kozek, Jr. 01/28/03 02]04/05 2 Years 5308 Hawkesbury Way 596-5020 Naples, FL 34119 District: 3 Category: Marketing; Strategic Planning & Program Mgmt Ms. Donna Fiala 774-8097 01/14/03 01/13/04 1 Year 3301 E. Tamiami Trail Naples, FL 34112 District: 1 Category: Vice-Chairman Mr. Stephen L. Price 657-3171 01/28/03 02/04/05 2 Years 1400 N. 15th Street 657-1014 Immokalee, FL 34142 District: 5 Category': Banking; Civic Mr. Richard Schmidt 596-8655 01/28/03 02/04/05 2 Years 9150 The Lane 596-8880 Naples, FL 34109 District: 2 Category: Investor; Publisher Mr. James C. Ray, Jr. 591-6402 01/28/03 02/04/05 2 Years 14497 Indigo Lakes Circle 352-1306 Naples, FL 34119 District: 3 Category: Public Administration; Banking Ms. Janet Vasey 01/12/99 02/04/00 1Year 4398 Longshore WayNorth 5984378 01/22/02 02/04/04 2 Years Naples, FL 34119 District: 3 Category: Budget & Financial Anaysis County Government Productivity Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term -Mr. Joseph B. Swaja 3944599 04/24/02 02/02/04 2 Years 460 Battersea Court 3944599 Marco Island, FL 34145 District: 1 Category: Development o f Strategic Objectives Mr. Joseph Mumaw 04/24/02 02/04/03 1 Year 6 Stonehedge Court 643-9890 Naples, FL 34105 District: 3 Category: Cost Accounting/Business Management Mr. James R. Gibson, Jr. 11/09/99 02/04/00 3 Months 5041 Mabry Drive 732-8830 01/22/02 02/04/04 2 Years Naples, FL 34112 District: 1 --- Category: Budget & Financial Mgmt Dr. James T. Homer 774-1791 03/14/01 02/04/02 1 Year 4704 Ossabaw Way 596-1339 01/22/02 02/04/04 2 Years Naples, FL 34112 District: 3 Category: Financial Mgmt; Leadership & StaffDev; Profes Ms. Jean Ross-Franklin¢~'Zt'~ 03/14/01 02/04/02 1 Year 3514 Ocean BluffCourt,~~/8't:~ 348-8480 01/22/02 02/04/04 2 Years Naples, FL 34120 District: 5 Category: Professor; Org Structure & Mgmt; Research Mr. Dexter R. Groose 659-0489 01/22/02 02/04/04 2 Years 5202 High Street 659-0389 Naples, FL 34105 District: 4 Category: Performance Analysis & alue Analysis Tuesday, Januao, 28, 2003 Page 2 of 3 NO.. vl-~'" [ 13 2002_ County Government Productivity Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 11 member committee was created on 01120/91 by Ord. No. 91-10 (amended by Ord. No. 93-13, 96-10 & 2001-37). The committee is composed of 11 members, with the vice chair of the BCC serving in a liaison capacity. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of. the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the BCC. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost-effectiveness. They may also assist in the implementation of those recommendations. Terms are 2 years. FL STAT Staff: Winona Stone, Budget Analyst: 774-8810 Tuesday, January. 28, 2003 Page 3 of 3 }~ MEMORANDUM DATE: April 21, 2003 TO: Winona Stone, StaffLiaison County Government Productivity Committee FROM: Sue Filson, Executive Manager ,',~ ~ Board of County Commissioners" RE: County Government Productivity 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 resume for consideration. I have attached the resumes received for your review as follows: Sydney E. Blum 237 Burning Tree Drive Naples, FL 34105 Michael S. McCampbell , 1880 Crestwiew Way Naples, FL 34119 Please let me know, in writing, the recommendation tbr appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive surmnary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Board of County Commissioners ~:. (941) 774-8097 '.~;~}.~., Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: ~L~f~r~, ~. J~l~-m HomePhone: ~t31-/gf~" Board or Commi~ee Applied for: ~c~( ~ I - / Catego~ (if applicable): Example: Commi~ion District, ~velo~r, environmentalis~ lay ~n, et~ Are you a reg~tered voter M Collier Count: Yes ~ No Do you currently hold public o~ce? Yes No If so, what b that o~ce? ~"'" Do you now se~e, or have you ever se~ed, on a Collier Cou~ board or commiR~? Y~ No If yes, ple~e li~ the commiRe~oa~s: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education: Experience: Please attach any additional information you feel pet~inent Thi~ application should be forwarded to Sue F'tlsot~ Executive Manager to t~e Board of Comity Commission.s, 3501 Emt Tamiaml TrMI. Napl~, FL 34112. If you ~sh, please faxyour application to (941)774-$602 or ~ to ~aetilso,n~callitrgov. ne~ Thankyoufar volunteering to ~erve the ~ ofCoil~ Cotmty. Sydney E. Blum 237 Burning Tree Drive Naples, Florida 34105 Phone: 261-1855 Cell: 825-7612 Office: 594-7880 Fax: 594-9374 Please feel free to call or fax anytime. I have been a full time Naples resident since April 7, 1990. I am currently CEO, operating Manager of Energy Efficiency Systems, Inc., with divisions in HVAC, Electrical Contracting, Plumbing, General Contracting and Real Estate. We currently employ 70 people between field and office personnel. I am Secretary / Treasurer of the "Old Cypress Homeowners Association," past President of the "Bent Pines Homeowners Association," past Chairman of the "C.B.I.A." Trades Council and in another life up North, I was active in the Boy Scouts of America, Chamber of Commerce and my local Lions Club. I have 4 children between 24 and 39 years of ~ge. 2 are local Executive Chefs in Naples, 1 a professional fire fighter in Pennsylvania, and 1 a Human Factors Consultant in Atlanta, Georgia. My daughter-in-law is a Human Resources Consultant on the National scene and my son-in-law is a Food and Beverage Manager at a local resort. Having started Energy Efficiency Systems from scratch in 1995, I am intimately aware of job costing, management styles, efficiency training, as well as the special skills needed to keep a diverse business running with many people from various backgrounds. I would be glad to interview with members of the County Government Productivity Committee to discuss my qualifications. Than~~ur~ Syd~Blu: Mar 31 03 11:59a Susan Board of County Commissioners ~2 ~ 3301 East Tamiami Trail Naples, FL 34112 ~ ':.~ "~ (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: ...Michael S. McCampbeil Home Phone: ....239-597-5906__ Home Address: 1880 Crestview Way_ Naples, FL Zip Code:_ 34119 Fax No.__.239-597-6691__Business Phone:___239-597-5906 . e-mall address:__Mikecircle~aol.com Business: _Criminal Justice Consulting, Management, and Training Board or Committee Applied for:_County Government Productivity Committee Category (if appllcabl¢):_ _Lay Person Example: Commizaion District, Developer, en,~ironnaentalL~ lay per.ns ~ Are you a registered voter in Collier County: Yes__X__No Do you currently hold public office? Yes No X If so, what is that office? ' Do you now serve, or have you ~ver served, on a Collier County board or committee? Yes No_X If yes, please list the committe.~boards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Alternate member, Tamarac (FL) Planning Commission (1999-2002) Member, Broward County (FL) Community Involvement Roundtabl¢ (1998-2002) Member, Broward (FL) Sheriff's Office, District VII Community Council. (199%2002) Treasurer (199% 1999) Education:~See Attached Resume Experience:___See Attached Resume Pte~e attach any e-dd;~nal information you feel p~tlntnl. Thi~ at~lIcnth~n sho~ be f~ to Sue ~o~ ~e M~ag~ to ~e Bo~d of Co~ C~~, 3301 E~ Tm~ Tr~ ~, ~ 3411Z lf y~ ~h, p~e.f~ yo~ ~n ~ ~4 O 77~3~2 ~ ~am' 31 03 ll:5~a Susan Michael S. McCampbell 1880 Crestview Way Naples, FL 34119 Phone: 239-597-5906 Fax: 239-597-6691 E-mail: mikecircle~aol, com More than 30 years' experience as a law enforcement administrator, trainer, a,,d.researcher, including five years as Director of the Bureau of Justice Assistance Model Clandestine Laborato~ Enforcement Program, two years as Deputy Director of the National Institute of Justice Professional Conference Ser~es contract, and three years as Director of the Bureau of ,lust~ce ~lssistance Narcotics Control Technical Assistance Program. Extensive experience with managing and monitoring grant-funded state and local drug enforcement programs. Currently directs large-scale training project that requires in-depth knowledge of narcotics enforcement management and operational activities and constant interaction with state and local narcotics commanders. EDUCATION · Ma~ter of Science, Special Studies (Advanced Investigative Techniques), George Washington University, 1975 · Bachelor of Science, Administration of Justice, AJnericaa University, 1972 PROFESSIONAL EXPERIENCE Project Circle Solutions, Inc., 2070 Chain Bridge Road, fi~450, Vienna, VA 22182 Director 1992-Present , Current activities · Manage Circle's National Clandestine Laborato~ Training Project for the U.S. Department of Justice, Office of Community Ori~,ated Policing (COPS). This project provides tra/ning to public safety agencies and communities on clan lab recognition, hazard identification, response procedures, and developing collaborative responses to clan labs. Recently Completed Projects · Directed Circle's Model Clandestine Laboratory Enforcement Program for the U.S. Department of Justice, Bureau of Justice Assistance (BJ'A). TI~ project provided training and technical assistance to state and local law enforcement agencies who wished to implement model policies and procedure,,; on clan lab enforcement and cleanup. During it's 5-year history, ~ program delivered training and technical assistance to over 5,000 law enforcement officers, supervisors, and managers ia nearly 600 state and local agencies. · Associate Project Director for the national evaluation oft. he 25 Regional Community Policing Imtitute~, which is funded by the U. S. Department of Justice, Office of Community Oriented Policing Services (COPS). This national evaluation included both an impact and a process evaluation of these Institutes, which have been providing community policing training and techmc~d assistance to commtmities for the past tkree years under grants from the Office of Community Services (COPS). Map 31 03 12:00p Susan W. McCampbell (239) 5S~-6GS1 McCampbell, page 2 · Associate Project Director for the Problem Solving Parmerships Training and Technical Assistance Project, funded by the U.S. Depmi~nent of Justice, Office of Community Oriented Policing Services (COPS). 'INs program revolved providing training and technical assistance to the 400 Commtmity Problem Solving Partnership grantees in a series of four regional conferences. 'II~c goal ofthc~c conferences was to bring police agencies and their community parm:rs together to identify strategies for implementing the SARA model of problem sol'~ing into their projects. · Senior Technical Advisor for Circle's project, Evaluation of Training and Technical 3tssistance Services of the Community Policing Consortium. This project evaluated the training and technical service needs of 225 "specially conditioned" COPS grantees in addition to a sample of 1,_000 other COPS grantees. · Senior Advisor, Risk Assessment and Management Program, a training and technical assistance program aimed at managing corruption, health, and performance problems among narcotics officers. This national assessment program, which v,~as funded through St. Petersburg Junior College's Public Sa~ty Training Institute, consisted of on-site assessment and training to identify cormpfive influences and develop control mechanisms to reduce corruption in state and local narcotics agencies. Principle Institute for Law and Justice, Inc., 1018 Duke Street, Alexandria, VA 22314 Associate 1987-1992 1990-1992 Deputy Director o£the U.S. Department of Justice, National Institute of Justice (NIJ)- funded Professional Conference Series (PCS). Initial level of funding was $1.5 million a year for 3 years. Responsibilities included the following: · Conceptualizing and developing ail PCS confcrem:e, workshop, training, and focus group agendas (approximately 40 events over 2 years). This reqaired constant interaction with the NH Director, Depm t~nent o£ Justice officials up to and including the Assistant Attorney General for the Criminal Division, project consultants, and other high4evel Federal, State, and local government officials and policy makers; · Evaluating conference partampan satisfaction with applications of information provided; · Overseeing marketing of NLI products and scrvicx:s; · Conducting professional networking and consulth~g with criminal justice and general government professionals; · Budget development and fiscal management for all PCS tasks; Overseeing all aspects of PCS conference and workshop logistics. ! 3 2003 Hat. 31 03 12:0Dp Susan W. HcCampbell (239) McCampbell, page 3 1987-1990 Project Director of the BJA-funded Narcotics Control Technical Assistance Program, which provided narcotics enforcement training and technical assistance to more than 5,000 law enforcement officers in 40 states and temtories. Initial level of funding was $1.5 million for 18 months. Responsibilities included: · Developing 10 different narcotics enforcement training courses (including course objectives, student manuals, instructor guides, audio-visual aids, and evaluation imtrumcnts) suitable for all levels of law cnforccm:nt personnel, from narcotics Officers m high level policy makers; · Selecting, training, evaluating, and m_a_nagmg 25 adjunct trainers from state and local narcotics enforcement agencies; · Delivering over 30 training programs annually to a broad range of agencies across the country; · Monitoring grants of 25 of the nation's largest mmticipal law enforcement agencies who received BIA drug enforcement grants. These: gmts mounted to nearly $2 million in federal funds provided to these agencies over a three year period; · Budget development and fiscal management for the grant; · Revi~ving and editing drug ~aforcemeat monographs for publication by BJA; · Providing on-site technical assistance to state and local law eaforcement agencies who required support in developing modem drug eaforcement policies and procedures. 1987-I992 Directed or conducted organizational management analyses of numerous law enforcement agencies, including the Salt Lake County, Utah, Sheri~s Department, and police depmhxamts in the following jurisdictions: Portland, Oregon; Boise, Idaho; Carlisle, Pennsylvania; Nashville, Tennessee; Peoria, Arizona; Scx~ttsdale, Arizona; and Hempstead, New York. Lieutenant Arlington County, Vh-ginia Police Department, 1435 N. Courthouse Rd, Arlington, VA 22201 1964-1987 Retired at the ra~k of Lieutenant from the Arlington Comity (VA) Police Departm,nt, a suburban Washington, DC police agency, consisting of 300 sworn and 100 civilian staff. Career highlights are as follows: · Executive Director of the Northern Virginia Crimir~ Justice Academy. Directed a regional trainiag facility that provided basic and in-service training for all law enforcement agencies in Northern Virginia (over 2.500 swom:p~ Directed staff of 20 full time and 45 adjunct instructors and managed ~ $3 thtlribif,~l!lLeM, 1 3 2009 pg. /'3 Mar 31 OS 12:00p Susan McCampbell, page 4 .... · St_~ff Support Commander. Commanded an administrative section of 20 s~vom and civilian personnel that prepared and controlled the police department's $14 million budget; performed strategic and tactical planning; developed and managed all federal grants; performed all related planning and research functions. Served as Accr~iitation M_~nager to facilitate accreditation by thc Commission on Accreditation for Law Enforcement Agencies. · Special Projects Officer. Directed a one year study oft. he police depamnent's future over the next 25 years. The mjor focus o£ this eftbrt was to redirect the department's activities from traditional policing to community oriented policing. · Patrol Section Commander. Commanded the department's patrol function and all crime suppression activities during tl~c 3pm to 12pm hours. Managed a staff of 60 supervisors, agents, and patrol officers. Visiting U.S. Department of Justice, National Institute of Justice, Washington, DC 20531 Fellow 1985-1986 While employed by the Arlington County Police Department, was selected as the National Institute of Justice law enforcement Visiting Fellow. As a Visiting Fellow, conducted a 1- year, national research study into current practices in field training officer (FTO) programs. This study produced a major report designed to assist law enforcement agencies in implementing and improving field t~-aining officer prograJn~. The model FTO program published in the report is currently used by the majority c.flaw enforcement agencies in the United States. Faculty Positions Adjunct faculty member at Northern Virginia CommuniV./College, George Mason University, the Umversity of North Florida, and Florida Atlantic University, instructing numerous criminal justice courses. PUBLICATIONS "Robbery Rcduction Through Directed Patrol." Police Chief February 1983. '~-Iandgun Safety Guidelines" (co-author). Police Executive Research Forum. 1985. "Field Tminlng Officer Programs-A National Perspective." Field Training Quarterly. 1986. "A National Perspective on Field Training Officer Programs."/xrw and Order. March 1987. FieM Training Officer Programs for Police: State of tke Art. National Institute of Justice, U.S. Depamnent of Justice, 1987. International Money Laundering: Research and Investigation ,Io~~ National Institute of Justice, U.S. Depmm,ent of Justice. 1992. 13 2003 Ma~ 31 03 12:00p Susan W. McCampbell (239) S97-669I p.? McCampbell, page 5 Developing a Strategy for a Multi-agenc3~ Rest~onse to C,'andestine Drug Laboratories (co- author). Bm'eau of Justice Assistance, U.S. Department oe3ustic¢, 1993. The Cleanujo of Clandestine Drug Laboratories: A Report to Congress (co-m~tbor). joint Federal Task Force-Environmental Protection Agency, Drug Euforcomcnt Admini~ration, U.S. Coast Guard, 1994. "Collecting Evidence at Clandestine Laboratories." Ro¢lo, Mountain Information Nenvorl~ Bullerl.n, Rock Mountain Information Network. Phoenix, Arizonm Stme 1998. "Is it Time for Police Agencies to Elimina~ Pursuits." Controversial Issues in Policing, James D. Sewell, ed.,Allyn and Bacon, Bostg. n, Massachusetts, 1999. "Clandestine Laboratories: Lessons Learned and Reconmxendations from the Field," scheduled for publication in Sheriff Magazine, National Sheriffs Association, May 2003. EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE BOARD OF BUILDING ADJUSTMENTS AND APPEALS OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on August 9, 2004 on the Board of Building Adjustments and Appeals. CONSIDERATIONS: The Board of Building Adjustments and Appeals has one vacancy due to a resignation- This five member board was established by Ord. 83-16 (amended by Ord. No. 91-57); Repealed and amended by LDC, Div. 1.22.1 (Ord. 91-102, as amended) to hear appeals on rejections or'refusals by the Building Code Compliance Director to approve mode of construction or materials to be used in construction or alteration of a structure. Membership consists of five members representing the following professions: One state licensed architect or structural engineer; one Class "A" general contractor, one state certified fire protective equipment contractor or State Certified Fire Fighter with the rank of Lieutenant or higher or State Certified Fire Safety Inspector with the rank of Lieutenant or higher; one licensed electrical contractor; and one licensed plumbing or mechanical contractor. Members must be' knowledgeable in the following Collier County Codes: Standard Building Code, Electrical Code, Fire Prevention Code, Gas Code, Mechanical Code and Swimming Pool Code. The membership term is four years. The meetings are held quarterly, or on an as-needed basis. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. This is a Quasi Judicial Board. A list of the current membership is included in the backup. , Mr. Kenneth W. Rodgers relocated out of town. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT. CATEGORY, DIST ELECTOR ADV. COMM. [ William J. Varian [ Class "A" General Contractor [ 5 [ Yes [ None COMMITTEE RECOMMENDATION: Quasi Judicial Board -no recommendation; however, Mr. Varian meets all the criteria to be a member of this board. 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: MAY 13, 2003 AC-~NDA ITEM - G Memorandum To: Sue Fiison, Administrative Assistant Board of County Commissioners From: Ed Perico, Director Building Review & Permitting Date: April 28; 2003 Subject: Board of Adjustments and Appeals Applicant The following applicant is qualified to serve on the Board of Adjustments and Appeals. I have listed his area of expertise. William J. Varian Class "A" General Contractor If you have any further questions, please call me at 403-2401. EP/jmp Building Review & Permitting Community Development & Environmental Services Board of Building Adjustments and Appeals Work Phone Appt'd E~7~. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Bradley W. Schiffer 213-0791 11/13/01 08/09/05 4 Years 520 Sugar Pine Lane 213-0791 Naples, FL 34108 District: 2 Category: Architect Mr. Brian E. Jones 07/28/98 08/09/02 4 Years 2121 Heritage Tr. 643-5100 Naples, FL 34112 District: 1 Category: Building Contractor Mr. Kenneth W. Rodgers/~l 00~ 597-3222 02/27/96 08/09/96 5 Months 2811 50th Terrace, S.W. 09/12/00 08/09/04 4 Years Naples, FL 34116 District: 3 Category: Assistant Fire Chief Mr. Gary F. Hayes 643-5746 08/05/97 08/09/01 4 Years 341 Airport Road North 11/13/01 08/09/05 4 Years Naples, FL 34104 District: 4 Category: Plumbing Contractor Mr. Pedro Pcrez 09/12/00 08/09/04 4 Years 1636 Rainbow Court 389-5230 Marco Island, FL 34145 District: 1 Category: Architect/Project Manager '-- Thursda3~. November 15, 2001 Page Board of Building Adjustments and Appeals Work Phone Appt'd Exp. Date Term iVame Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member advisory board was created by Ordinance No. 91-102, as amended to hear appeals on rejections or refusals by the Building Code Compliance Director to approve mode of construction or materiaJs to be used in construction or alteration of a structure. Membership consists of 1 state licensed architect or structural engineer;, 1 Class "A: general Code, Electrical Code, Fire Prevention Code, Gas Code Mechanical Code and Swimming Pool Code. Terms are 4 years. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. QUASI JUDICIAL FL STAT none Staff: Ed Perico, Bidg Review & Permitting Director: 403-2401 AGENDa. ITEM ....17tursdav. November i5, 2001 Page 2 of2 ' '~"'[.,,':~ ~:~ "l['lr¥~ pg. /'[' _ MEMORANDUM DATE: April 21, 2003 TO: Elections Office 1 FROM: Sue Filson, Executive Manager, A," \ Board of County Commissionei's~ 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. BD OF BLDG ADJ AND APPEALS COMMISSION DISTRICT Naples, FL 34120 Thank you for your help. A MEMORANDUM DATE: April 21, 2003 TO: Ed Perico, Building Review & Permitting Director FROM: Sue Filson, Executive Manag ,~ ' Board of County Commissione~7) RE: Board of Building Adjustments and Appeals As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: William J. Varian 210 31a Street, N.W. Naples, FL 34120 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an e:~ecutive stn-nmary 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 FROM :WM J UARIAN FAX NO. :9413527392~ Apr. 10 2003 04:03AM PI Board of County Commissioners 3301 East Tamiami Trail ,."~--~ Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: William J. Varian, CGR, CAPS Home Phone: _352 7392 Home Address: 210 31'vt St. NW Zip Code:__34120 Fax No. 732 0820 Business Phone:._.775 1178 e-mil a ddress~'~_WJV 1992 @~AOL. COM Business: General Contractor Board or Committee Applied for:~Board of Building Adjustments and Appeals Category (if applicable): Example'- Commission 'District, Developer, eavironmeutalisx, lay person, etc. Are you a registered voter in Collier County: Yes X~No Do you currently bold public office? Yes No __X Lf~, what ia that office? Do you now serve, or have you ever served, on a Collier County hoard or committee? Yo No × If yea, please list the committe~rooarda: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: current chairman of the Remodelors Council of the CBJA, Current Treasurer of the CBIA__ Edaeation: College graduate, Certified Graduate Remodelor and Certified Aging ia Place Specialist as designated by the Nation Association of Rome Builders Experience: R~sident of Collier County for almost 15 years and Contractor for almost 14 of thos~ years, I care very deeply about the County and what goes on here as we continue to grow as a community _ EXECUTIVE SUMMARY RECOMMENDATION TO CONFIRM THE APPOINTMENT OF MS. LEN GOLDEN PRICE TO THE POSITION OF ADMINISTRATIVE SERVICES ADMINISTRATOR ~ To obtain Board confirmation of the appointment of Ms. Len Golden Price to the Adminstrative Services Administrator position. CONSIDERATIONS'-. Ordinance 93-72 as amended, requires that the Board confirm the County Manager's appointment of Division Administrators. Len Golden Price has been recommended for the Administrative Services Administrator position beginning on July 1, 2003. This position supervises the following departments: Fleet Management, Human Resources, Risk Management, Purchasing, Facilities Management, and Information Technology. This Division's annual operating budget is around $45M and its annual Capital budget is approximately $4M. The Division also employs 348 dedicated men and women. FISCAL IMPACT: Ms. Golden Price will earn an annual salary of $87,500.00. Funds are appropriated in the Administrative Services Division budget. She will also receive a twenty- four hour take home vehicle. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this item. RECOMMENDATION: That the Board of County Commissioners endorse and Confirm the appointment of Len Golden Price to the position of Administrative Services Administrator. PREPARED BY: ,a3~ k,¢O (.1~ LUk.~2,_~F~ Date: "'Jean Merritt, Director ~I--Iu m,,~ Reso,u~es~Department Leo'5Ochs Jr. .// Debuty County Manager --~ames V. Mudd County Manager ' MAY 13 672 Mary Stuart El Paso, Texas 79912 (916) 581-7438 (915] 564-7381 e-mail address: LenGP@aol.com EDUCATION University of Phoenix, MA-Organizational Management University of Phoenix, BS-Business Management El Paso Community College, AAS-Financial Accounting CERTIFICATIONS AND PROFESSIONAL ASSOCIATION T.C.L.E.O.S.E. Certified Instructor Advanced Law Enforcement Planner, Int'l Association of Law Enforcement Planners National Center for Women and Policing, Advisory Board Member National Association for Women Law Enforcement Executives, member Toastmasters International, Past Club President RELEVANT PROFESSIONAL EXPERIENCE Director-Admin Services Police Department-- City of El Paso July 1998 - Present Manage five major divisions including financial services, grant management, planning, records management and communication encompassing over 200 employees. Financial management (prepare and manage $82 million operating budget, grant management over $40 million) Human resource management (employee relations, training, performance evaluation, career development, selection and discipline) > Strategic planning (led strategic planning efforts, chair/co-chair commi~ees, facilitate meetings) > Management (workflow analysis, staffing analysis, project/policy research and development, policy/procedure enforcement and interpretation, recommend and implement change) > Information Technology (project manager for records management system, livescan fingerprint system, and 311 Call Center) Asst. Admin. Director Police Department -- City of El Paso 1993 - 1998 Manage Planning, Research and Development Division, 15 employees > Human resource management (policy/procedure research and development, job description development, staffing analysis) > Strategic planning (facility planning and management, grant development) > Management (special projects research and development, statistical data collection and anafysis, report preparation and development) -. HAY 1 3 2003 Equip. Maintenance Dept. -- City of El Paso Administrative Analyst 1992 - 1993 Fiscal and administrative analysis Financial management (analyze/prepare financial statements, prepare capital and operating budget) > Information technologies (review/recommended automated fleet and fuel management systems) > Management (analyze workflow and recommended corrective action, prepare reports for use by management in decision, supervise clerical staff) Sanitation Department -- City of El Paso Administrative Assistant 1988 - 1992 Fiscal and administrative support Financial management (.orepare/analyze capital, operating and revenue budgets, prepare grant applications and new program budget) Human resource management (employee relations, training, and supervision, develop and enforce administrative policy) Information technologies (install/train employees in the use of automated office applications, wrote automated processes) > Strategic planning (prepare proposals, reports, studies, cost analyses and allocation. long and short term forecasting and planning) > Management (customer service and customer relations, supervise clerical staff) Airline International Luggage, El Paso, TX Chief Accountant 1983 - 1988 Fiscal and administrative management Financial management (prepare financial statements, insurance/benefits administrator, financial and investment adviso0 Human resource management (devetop standards, job descriptions, procedures. staffing analysis, selection and discipline) > Information technologies (systems analyst/manager for mini-computer system) > Management (oversee accounting, customer service, data process;ng, and clerical departments, conduct studies, prepare and presenting reports to CEO) REFERENCES Carlos Leon Chief of Police, El Paso, Texas (915) 564-7308 Wendy Hebestreit Comptroller, City of El Paso (915) 541-4293 Jim Pulliam IT Director, University of Texas at El-Paso (915) 747-8080 Felix Tellez Superintendent of Sanitation (Retired), El Paso, Texas (915) 772-4998 John Trout Academic Counselor, University of Phoenix at Santa Teresa (505) 589-0116 HAY 13 2003 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE CONDEMNATION OF A FEE SIMPLE INTEREST IN PROPERTY REQUIRED FOR THE CONSTRUCTION OF A STORM WATER TREATMENT POND ALONG GOLDEN GATE BOULEVARD MADE NECESSARY BY THE CONSTRUCTION OF ROADWAY IMPROVEMENTS ALONG 13TH STREET SOUTHWEST FROM GOLDEN GATE BOULEVARD SOUTH TO 16~R AVENUE SW (PROJECT NO. 69068). (FISCAL IMPACT: $200,000.00.) OBJECTIVE: To adopt a Resolution authorizing the acquisition by condemnation of a fee simple interest in real property required for a stormwater treatment pond along Golden Gate Boulevard. CONSIDERATIONS: On June 12, 2001, the Board of County Commissioners awarded a design- build contract to the team of American Engineering PLC and Kelly Brothers, Inc., for the design and construction of a bridge across the Golden Gate Main Canal on 13th Street SW, linking north and south sections of Golden Gate Estates. The primary purpose of the bridge was to enable fire rescue and emergency medical service vehicles stationed at the corner of Golden Gate Boulevard and 13th Street SW to decrease response times to emergencies in the southern Golden Gate Estates areas. The existing 13th Street SW has just two paved 9 foot-wide lanes. This configuration is not consistent with current County standards and will create difficult traffic conditions, particularly when large fire and emergency services vehicles are present in conjunction with residential traffic. In order to eliminate this condition, a design was required to be developed to widen the pavement. To expedite the design, the fixed term Professional Engineering Services contract (contract 98-2835- 8B2) was used. A work order for the design was approved by the Board of County Commissioners with WilsonMiller, Inc. (WM), on March 26, 2002. WM was selected as they performed the stormwater design and original permitting for the Golden Gate Boulevard irnprovements project. A major impediment to the widening of 13th Street SW, however, is the fact that the roadway storm water runoff from Golden Gate Boulevard is currently being treated in detention ditches along both sides of 13th Street SW before discharge into the Golden Gate Main Canal where 13th Street SW used to dead-end before construction of the bridge. An integral part of the construction of the four-lane improvements to Golden Gate Boulevard, and the treatment of the stormwater run-off from same, was the modification of the side street ditches from the Boulevard to the Golden Gate Main Canal along eight (8) of the side streets south of Golden Gate Boulevard. WM has produced a design plan for the widening of 13th Street SW that requires the installation of a pipe culvert in the ditch along one side of the pavement. In order to meet water quality standards for discharge into the canal, however, the stormwater from that portion of Golden Gate Boulevard must be treated in a stormwater retention pond before entering the proposed pipe culvert along 13th Street SW. The size of the pond required to effectively treat the stormwater will require the acquisition of approximately five acres of land. (See attached WM memos dated February 13, 2003, and February 17, 2003, concerning the pond site analysis.) After consideration of alternative pond locations, environmental factors and cost considerations, one site for the treatment pond emerged as the premier candidate. This propert~ '."°~ ?_?praised - by an independent real estate appraiser, and an offer to purchase the property if the HAY J 3 2003 Pcj. ...... the appraiser's estimate of market value was presented to the property owner via certified mail. Repeated attempts to contact the owner and present the offer in person have failed. In order to proceed with permitting and construction on schedule, it may become necessary to condemn the subject property. FISCAL IMPACT: The total cost for condemnation of the subject property is estimated to be · $200,000.00. This figure includes all the purchase price for the land, appraisal fees, title work, and all other miscellaneous expenses associated with acquisition of the necessary fee simple interest, including property owner attorney fees and expert witness costs for which the condemning authority is obligated under the provisions of Sections 73.0991 and 73.092, Florida Statutes. Funds are budgeted in the Transportation Supported Gas Tax Fund in the 2003 budget year. Source of funds will be Gas Taxes. GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Adopt the attached Resolution; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Approve any and ~ents required S UBMITTEDBY: /--J~-/----~/7~~DATE: ...~'-7-F__.).' .,,K~vin H~Crfd~/C~,-R~gh-t-~f-W~CJ~uisiti°n Manager Transportation Engineering and Construction Management Ewing "Skil:(L~clcMichael, Project Manager Transportation Engineering and Construction Management REV, EW E D By;'~~..~,~.- ~/"~~...~ DATE: Dale Bathon, P.E., Principal Project Manager REVIEWED BY: Tr~~~ineering and Construction Manageme~ Gregg R. Strakaluse, P.E., Director Engineering and Construction Management Depadment Tran~po~ation Se~ices AGENDA No," IO MAY 1 3 2003 pg. ! ~_~ · RESOLUTION NO. 2003 $ 6 A RESOLUTION AUTHORIZING THE CONDEMNATION OF A FEE SIMPLE INTEREST IN 7 PROPERTY REQUIRED FOR THE CONSTRUCTION OF A STORM WATER TREATMENT POND 8 ALONG GOLDEN GATE BOULEVARD REQUIRED FOR THE CONSTRUCTION OF ROADWAY 9 IMPROVEMENTS ALONG 13TH STREET SOUTHWEST FROM GOLDEN GATE BOULEVARD 10 SOUTH TO 16TH AVENUE SW (PROJECT NO. 69068). FISCAL IMPACT: $200,000.00. 12 ~VI-IEREAS, a bridge over the Golden Gate Main Canal has recentiy been constructed on 13m 13 Street Southwest in order to enhance fire, rescue and emergency medical response capabilities to more 1,~ southerly portions of Golden Gate Estates; and 15 WHEREAS, the existing pavement on 13th Street Southwest must be widened in order to 16 accommodate the width of fire, rescue and emergency medical service vehicles; and 17 WHEREAS, the widening of 13t~ Street Southwest will necessitate the closure of one of the 18 roadside ditches which was recently widened and reshaped to treat stormwater run-off from Golden Gate 19 Boulevard, prior to its discharge into the Golden Gate Ma~n Canal; and 20 WHEREAS, water quality standards for discharge into the Golden Gate Main Canal established 21 by the South Florida Water Management District require that the roadside ditch stormwater treatment lost ~ to the widening of 13t~ Street must be replaced in some form or another, and 23 WHEREAS, on March 26, 2002, the Board of County Commissioners approved a Budget 24 Amendment required to fund a Professional Engineering Services Agreement with WilsonMiller, Inc. 25 under Work Order Number WMI-02-04 for Project Number 69068, in order to design an alternative 26 stormwater treatment system for the Golden Gate Boulevard nm-off; and 27 W}{EREAS, WilsonMiller, Inc., has produced a design plan to treat the roadway stormwater 28 runoff from a portion of Golden Gate Boulevard in a five (5) acre retention pond; and 29 WHEREAS, the construction of the storm water retention pond currently being designed by 3O WilsonMiller, Inc., on that property described as Golden Gate Estates Unit 9, Tract 50, is necessary in 31 order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier 32 County in meeting certain concurrency requirements of the Growth Management Plan for Collier County; 33 and 34 WHEREAS, after consideration of the availability of 5 acre parcels, the comparative costs of 35 project alternatives, various impacts upon the environment, long range planning options, and public safety 36 considerations, the Board desires to exercise its right to condemn property for public purposes. 37 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined bY the Board that the constructi°n ° f 39 the stormwater retention pond for the treatment of stormwater from Golden Gate Boulevard and 13th 40 Street Southwest (hereinafter referred to as "the Project") is necessary and in the public's best interest in 41 order to protect the health, safety and welfare of the citizens of Collier County. n2 AaND IT IS FURTHER RESOLVED that construction of the Project is part of the County's long 43 range planning effort, and is included in the Transportation Element of thc County's Comprchensive Plan 44 for Growth Management, as approved by the Florida Department of Community Affairs. 45 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for 46 the project, and the costs associated with the design, property rights acquisition, and construction of the 47 project, as well as public safety and welfare considerations associated with the design and construction of ,18 the project, and various impacts to the environment, and the Board finds that after~ consideration of these 49 issues, the most feasible location for construction of the proposed improvements is Golden Gate Estates 5o Unit 9, Tract 50. 51 ANT) IT IS FURTHER RESOLVED that the location of the stormwater treatment pond has been 52 determined based on hydraulic and operational characteristics, maintenance considerations and 53 minimization of wetland impacts. 51 PuND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is 55 necessary for the Board to acquire the real property interest described as Golden Gate Estates Unit 9, 56 Tract 50 in fee simple. 57 AND IT IS FURTHER RESOLVED that the property shall be put to public purpose. 58 AND IT IS FUnRTHER RESOLVED that the County staffis hereby authorized to immediately 59 acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, ~ Florida Statutes, fee simple title to the real property more particularly described as Golden Gate Estates 61 Unit 9, Tract 50. ' ' ~52 AND IT IS FLrRTHER RESOLVED that no mobile homes are located on the property sought to 63 be acquired and therefore it will not be necessary to remove any mobile homes fi.om the property to be 64 acquired. 65 This Resolution adopted on this ~ day of ,2003, after motion, second 66 and majority vote. 67 BOARD OF COUNTY COMMISSIONERS 68 OF COLLIER COUNTY, FLORIDA 69 ATTEST: 70 DWIGHT E. BROCK, CLERK By: ?1 TOM HEN-NING, CHAIRMAN 72 73 74 75 Approved as to form and ....... 79 Ellen T. Chadwell ~o Assistant County Attorney . '~,~ .... ~-= RESOLUTION NO. 2003 - __ A RESOLUTION AUTHORJZING THE CONDEMNATION OF A FEE SIMPLE INTEREST IN PROPERTY REQUIRED FOK THE CONSTRUCTION OF A STORM WATER TREATMENT POND ALONG GOLDEN GATE BOULEVARD REQUIRED FOR THE CONSTRUCTION OF ROADWAY 5M~PROVEMENTS ALONG 13TH STREET SOUTHWEST FROM GOLDEN GATE BOULEVARD SOUTH TO 16TH AVENUE SW (PROJECT NO. 69068). FISCAL IMPACT: $200,000.00. WHEREAS, a bridge over the Golden Gate Main Canal has recently been constructed on 13th Street Southwest in order to enhance fire, rescue and emergency medical response capabilities to more southerly portions of Golden Gate Estates; anal WHEREAS, the existing pavement on 13th Street Southwest must be widened in order to accommodate the width of fire, rescue and emergency medical service vehicles; and WHEREAS, the widening of ! 3a~ Street Southwest will necessitate the closure of one of the roadside ditches which was recently widenexl and reshaped to treat stormwater run-off from Golden Gate Boulevard, prior to its discharge into the Golden Gate Main Canal; and WHEREAS, water quality standards for discharge into the Golden Gate Main Canal established by the South Florida Water Management DisPel require that the roadside ditch stormwater treatment lost to the widening of 13a~ Street must be replaced in some form or another; and WHEREAS, on March 26, 2002, the Board of County Commissioners approved a Budget Amendment required to fund a Professional Engineering Service~ Agreement with WilsomMiller, Inc. under Work Order Number WMI-02-04 for Project Number 69068, in order to design an alternative stormwater treatment system for the Golden Gate Boulevard run-off; and WHEREAS, WilsomMiller, Inc., has produced a design plan to treat the roadway stormwater runoff from a portion of Golden Gate Boulevard in a five (5) acre retention pond; and WHEREAS, the construction of the storm water retention pond currently being designed by WilsomMiller, Inc., on that property described as Golden Gate Estates Unit 9, Tract 50, is necessary in order to protect the health, safety and welfare of the citizens of Collier County, and 'will assist Collier County in meeting certain eoncurrenoy requirements of the Growth Management Plan for Collier County; and WHEREAS, after consideration of the availability of 5 acre ~arcels, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR]~DA, that it has been determined by the Board that the construction of the stormwater retention pond for the treatment of stormwater from Golden Gate Boulevard and 13th Street Southwest (hereinafter referred to as "the Project") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Departmen~ of Community Affairs. AND IT IS FURTHER RESOLVED that the County Staffhas reviewed alternative locations for the project, and the costs associated with the design, property fights acquisition, and construction of the project, as well as public safety and welfare considerations associated with the design and construction of the project, and various impacts to the environment, and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is Golden Gate Estates Unit 9, Tract 50. AND IT IS FURTHER RESOLVED that th~ location of the stormwater treatment pond has been determined based on hydraulic and operational characteristics, maintenance considerations and minimization of wetland impacts. AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is necessary for the Board to acquire the real property interest described as Golden Gate Estates Unit 9, Tract 50 in fee simple. AND IT IS FURTHER RESOLVED that the property shall be put to public purpose. AND IT IS FURTHER RESOLVED that the County staffis hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, fee simple title to the real property more particularly described as Golden Gate Estates Unit 9, Tract 50, ' ' AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes fi.om the property to be acquired. This Resolution adopted on this __ day of ., 2003, after motion, second and majority vote. BOARD OF' COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK By: TOM HENNING, CHAIRMAN lAPj~roved as to form and Assistant County Attorney [4AY 1 :~ Z,,3 Page 2 Wils nMiller - MEMORANDUM TO: Mr. Ewing "Skip" McMichael DATE: 5/1/03 Collier County Government - Transportation Services Division FROM: Wayne Hartt, P.E. ~]~ SUBdECT: 13th Street SW Widening & Sidewalk CC Project No. 69068 RE: Water Retention Pond Site Alternatives Analysis This memorandum serves to document the parameters for identifying alternative pond sites and the considerations used for determining the most cost effective alternative. Three dry detention pond site alternatives were identified for the subject project. These sites are as follows: Alt. # 1 - Folio # 37013320009 - Golden Gate Estates Unit 9 Tract 50 Alt. # 2 - Folio # 37014160006 - Golden Gate Estates Unit 9 Tract 62 Alt. # 3 - Folio # 37012880003 - Golden Gate Estates Unit 9 Tract 43 The parameters utilized for identifying these sites are as follows: · Only vacant parcels were considered to preclude the higher property value of improved parcels. · Only parcels relatively close to Golden Gate Blvd were considered based on the engineer's design approach of providing compensating treatment for Golden Gate Blvd. This design approach minimizes the expense of a separate conveyance system for offsite stormwater runoff. · Parcels that contained relatively "high quality" wetlands or listed species habitat were not considered based on difficulty wi[n permitting. · In general, sites that are designated as preserves, having possible contamination, or are located within "archeologically probability zones" are avoided due to additional cost and/or problems with permitting. Because all three alternatives were approximately the same size & market value, we based our analysis on the difference in construction cost for each alternative. The difference between the alternatives is the additional pipin~ that is necessary to convey the stormwater from Golden Gate Blvd. to the two sites on 13"' St. SW (Alt. #2 and #3). Because Alt. #1 is adjacent to Golden Gate Blvd., this additional piping is not necessary (Refer to the attached cost comparison). A preliminary environmental assessment of the preferred site (Alt. #1) showed no significant environmental permitting issues. Please refer to the attached memo dated Feb. 13, 2003 for a more detailed assessment. We recommend Alt. #1 be purchased to provide stormwater management for the subject project. --- -" . 'i tO O0 v- ~ 0 Ii 0 0 d wz ~ z w 0 Z ~ ~ ~ H o o o · · ~0 o= ...... ~ ~ 0 ~ ~ -- ~ . Z e ~ ~ ~ ~ ~ AGKNDAITE~ WilsdnMiller MEMORANDUM TO: File FROM: Diana Ferrell DATE: February 13, 2003 SUBJECT: Proposed Pond Site for 13th SW Street Widening & Sidewalk Improvements This memo serves to document the environmental site conditions concerning the alternative stormwater treatment pond site identified as folio no. 37013320009, (Golden Gate Estates, Unit 9, Tract 50). The site is located approximately 300' west of 13th St. SW and immediately south of Golden Gate Blvd. West and it is 4.67 acres in size The soils on site consist of the following: · Soil series #11 Hallandale fine sand, (non-hydric): This nearly level, poorly drained soil is mostly found in pine flatwoods. The permeability rate of this soil is rapid. The available water capacity is very Iow. Under natural conditions, the seasonal high water table is between depths of 6 to 18 inches for 1-6 months during most years. During the other months, the water table is below a depth of 18 inches, and it recedes to a depth of more than 40 inches during extended dry periods. · Soil series #14 Pineda fine sand, Limestone substratum, (hydric): This nearly level, poorly drained soil has a slow permeability. The avai!abl~- water capacity is !ow. Under natural conditions, the seasonal high water table is within a depth of 12 inches for 3 to 6 months during most years. During the other months, the water table is below a depth of 12 inches, and it recedes to a depth of more than 40 inches during extended dry periods. During periods of high rainfall, the soil is covered by shallow, slowly moving water for about one week. The vegetative community consists primarily of a pine fiatwood/cabbage pine; mix with a few scattered cypress (Taxodium spp.), trees. The dominant canopy vegetation on site includes slash pine, (Pinus elliotti[), and cabbage palm, (Sabal palmetto), with wax myrtle, (Myrica cerifera) and Brazilian pepper, (Schinus terebinthifolius). The subcanopy and groundcover consists of sow thistle (Sonchus asper), bracken fern (Pteridium aquilinum), dog fennel (Eupatorium capillifolium), Caesar-weed (Urena Iobata), shiny blueberry, (Vaccinium myrsinites), saw palmetto, (Sabal minor), and broomsedge, (Andropogon virginicus). Vines include muscadine grape, (Vitis rotundifolia), ear-leaf briar, (Smilax auriculata), catbriar (Smilax bona-nox) and poison ivy, (taxicodendron radicans). This proposed pond site would be considered an upland and would not be claimed as jurisdictional wetlands by the regulatory agencies. - -- A~ENDA T~EM xc: Wayne Hartt, Ronna Edwards (WM), file: 70000-000-011 TDHPE No.__ . j l{"~ D- MAY 1 3 2003 EXECUTIVE SUMMARY APPROVE TWO AGREEMENTS FOR SALE AND PURCHASE WITH THE PAUL FAMILY FOR THE PURCHASE OF PROPERTY TO HOUSE THE NORTHEAST REGIONAL WATER TREATMENT PLANT AND WATER RECLAMATION FACILITY AT A COST NOT TO EXCEED $6,007,000, PROJECT NUMBERS 70154 AND 73155. OBJECTIVE: Request approval and execution of the attached two Agreements for Sale and Purchase (Agreements) between the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as ex-officio the governing board of the Collier County Water-Sewer District and (1) Bryan Paul, Inc., and The Bryan W. Paul Family Limited Partnership, and (2) The J.R. Paul, Jr. Family Limited Partnership (Sellers). The two Agreements are for a combined 216.20 acres located immediately east of the Collier County fairgrounds. CONSIDERATIONS'. The purpose of this transaction is to acquire property to accommodate the proposed Northeast Regional Water Treatment Plant and Water Reclamation Facility. The need for these facilities has been identified in the 2001 and 2002 Water and Wastewater Master Plan Updates. Negotiations with the Sellers have been ongoing since April 2001 and a total purchase price of $5,945,500 has been agreed upon. The purchase price breakdown by Agreement is: SELLERS AREA PURCHASE PRICE · The J.R. Paul, Jr. Family Limited Partnership (146.07 acres) $4,016,925 · Bryan Paul, Inc., and The Bryan W. Paul (70.13 acres) $1,928,575 Family Limited Partnership The purchase price was based upon two appraisals prepared for the County by two independent real estate appraisers. One appraiser valued the properties at $26,000 per acre and the other appraiser set the fair unit value at $27,500 per acre. These appraisals are seven months old and based upon a value update by our staff Real Estate Appraiser whereby, due to the passage of time and concurrent appreciation of land values in the area, a current (updated) unit value of $30,300 can be supported. Because the purchase price is based upon the higher of the two independent appraisals and not the average of those appraisals, approval of these Agreements will require an affirmative vote of not less than four members of the Board (supermajority vote). As a condition to these purchases, Sellers will be allowed to continue with currently existing citrus grove operations on the properties for up to a period not to exceed three years. However, the County can terminate this reservation at any time with 180 days notice. At the end of the notice period, the County will become the owner of the citrus trees and be responsible for their removal to accommodate the intended use of the property. ~o. /~ ~ F4AY 1 3 2003 PG._ / , EXECUTIVE SUMMARY PAUL FAMILY PURCHASE Page 2 Staff has received a favorable environmental report from the Collier County's Pollution Control Department. The attached Agreements have been reviewed and approved by the County Attorney's Office and the Public Utilities Engineering Department. The Warranty Deed and all associated closing documents will be reviewed by the County Attorney's Office and the Public Utilities Engineering Department prior to closing. FISCAL IMPACT: The total cost of acquisition should not exceed $6,007,000 ($5,945,500 for the properties, $30,000 for appraisals, $1,500 for the Environmental Task Audit I, and approximately $30,000 for title commitment, title policy and recording of related documents). Sufficient funds are available for this obligation in the Water Impact Fee (Fund 411), Northeast Regional Water Treatment Plant (Project Number 70154) and the Sewer Impact Fee (Fund 413), Northeast Regional Water Reclamation Facility (Project Number 73155). The source of funds is Water and Wastewater Impact Fees. GROWTH MANAGEMENT IMPACT: The Project is recommended in the 2002 Water Master Plan Update, adopted by the Board on February 25, 2003, Agenda Item 10(A), and the 2002 Wastewater Master Plan Update, adopted by the Board on February 25, 2003, Agenda Item 10(B). RECOMMENDATION: That the Board of County Commissioners as the governing body of Collier County and as ex-officio the governing board of the Collier County Water-Sewer District, by approval of this Executive summary: 1. Approve the attached Agreements for Sale and Purchase; and 2. Authorize Chairman Tom Henning to execute these Agreements on behalf of the County and the District; and 3. Authorize staff to prepare related vouchers and Warrants for payment; and 4. Direct staff to proceed to acquire the subject properties and follow all appropriate closing procedures including obtaining the acceptance of the proper conveyance document and approval to record any and all necessary documents (after approval by the County Attorney's Office) to have conveyed marketable fee simple title to the properties. AGENDA IT£~ NO. /~ MAY 1 3 20D3 PG. ~ EXECUTIVE SUMMARY PAUL FAMILY PURCHASE Page 3 Cindy M. Erb,3Sr. Property Acquisition Specialist Real Estate Services Ton~A. N~'~t, l~r~perty~Acquisition & Sales Supervisor Real Estate Services REVIEWED By.~, 0¢k~ ~ ~' ,bt,.~--'(' ~~~_ DATE: ~-;:::~ -¢" ~ Ch~t-rles E. Carrington, J~., SI~V'~, Manager Real Estate Services ~ REVIEWED BY: Dan Rodriguez, Inie~_ iy, e~tor DATE: Facilities Managem~t Department Roy B/Anderson, P.E., Director Public'Utilities Engineering Department ' "'~ W. 9eLony, P.E., Admini~ator publi~ Utilities Division~ NO. /o ff-~ MAY I 3 2003 FACT SHEET DATE May 5, 2003. SUBJECT: Northeast Regional Water Treatment Plant / Water Reclamation Facility - Site Acquisition 1. Purpose: The information herein is provided as justification for the purchase of a 216 acre site for the Collier County Water-Sewer District's Water Treatment Plant and Water Reclamation Facility to serve the Northeast Region as identified in the cun'ent Water and Wastewater Master Plan Updates. 2. Background/Considerations: The Public Utilities Division has been actively pursuing the acquisition of a site for location of a Water Treatment Plant and Water Reclamation Facility in the Northeast Region based on the need as identified in the 2001 and 2002 Water and Wastewater Master Plan Updates. The staff has completed negotiations and is presenting Agreements for Sale and Purchase of three (3) contiguous parcels located within the Orangetree PUD as shown on the attached -- plan. This site is consistent with the location identified in the Master Plan Updates and is centrally located for service to the proposed Northeast Region. 3. Future Actions/Considerations: A "Closing" date for this acquisition will be established upon approval of the Agreements for Sale and Purchase by the Board of County Commissioners. Such is tentatively set for June 30, 2003. Thence, it is planned to remove the property from the Orangetree PUD and to either rezone the property into a new Planned Unit Development (PUD) or to have the property otherwise rezoned as necessary prerequisite to using the property as planned. Concurrent with this activity, a consultant will be selected to prepare and proceed with the design of the facilities to be located on the property. Services of a consultant will also be necessary if the property is to be rezoned to a new PUD. 4. Coordination Required: Rezoning of the property will require coordination between the Public Utilities Division and the Community Development and Environmental Services Division. This coordination will also involve the selected consultant if the property is to be rezoned to a new PUD. AGENDA ITf~4 NO. /o ~ MAY I 3 2003 5. Fiscal Impact: The total cost of this acquisition is estimated to be in the amount of $6,007,000. Funding for this purpose is appropriated in the FY 03 budget. The appropriations are contained in two funds. The funding associated with the Water Treatment Plant is appropriated in the Water Impact Fee (Fund 411) under Project Number 70154, Northeast Water Treatment Plant - Acquire Site. The funding associated with the Sewer Plant is appropriated in the Sewer Impact Fee (Fund 413) under Project Number 73155, Northeast Water Reclamation Facility - Acquire Site. The source of funds is Water and Sewer impact fees. 6. Options: During the pursuit of this proposed acquisition, a number of other potential sites were investigated but such were removed from consideration by the current owners. 7. Recommendation: That the Board of County Commissioners approve the Agreements for Sale and Purchase as presented herein. Such is recommended to represent the most cost effective and appropriate site for location of a Water Treatment Plant, Water Reclamation Facility and other related utility facilities to serve the Northeast Region. NO.. /~) MAY 1 3 2OO3 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between THE J. R. PAUL, Jr. FAMILY LIMITED PARTNERSHIP, a Florida limited partnership, (said party hereinafter referred to as "Seller"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter referred to as 'Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A', attached hereto and made a part hereof by reference; and WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT. 1.01. In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". 1.02. Closing of this transaction is subject to concurrent closing of that certain Agreement for Sale and Purchase by and between Purchaser and Bryan Paul, Inc., and the Bryan W. Paul Family Limited Partnership for the conveyance of an adjoining 70.13 acres to Purchaser. I1. PAYMENT OF PURCHASE PRICE 2.01. A. The Purchase Price (the "Purchase Price") for the Property shall be Four Million Sixteen Thousand Nine Hundred Twenty-Five Dollars ($4,016,925.00) ($27,500.00/acre for 146.07 acres) (U.S. currency) payable as outlined herein. B. Within fifteen (15) business days of the execution by both parties hereof, Purchaser shall deposit with Woodward, Pires & Lombardo, P.A. as Escrow Agent, a deposit of $200,846.25 (representing 5% of the Purchase Price of the Parcel). The deposit shall be held by Escrow Agent in an interest bearing account to be disbursed as provided herein. In the event that the sale of the Property as contemplated by this Agreement is closed in accordance with the terms and conditions hereof, the Escrow Agent shall apply the earnest money deposit and any interest thereon to the Purchase Price due on the date of closing. In the event the Purchaser defaults under this Agreement or fails to close within fifteen (15) days after the established closing date as set out in 3.01 for any reason other than a default by the Seller or a catastrophic event beyond the reasonable control of the Purchaser, the Escrow Agent shall release the earnest money to the Seller as actual damages for the Purchaser's failure to close, and the Parties shall have no further obligation to one another under this Agreement. In the event the Seller fails to close within fifteen (15) days after the established closing date as set out above for any reason, to include any failure to deliver good and marketable title to the real property, the Escrow Agent upon request of Purchaser shall rele_ase the earnest AG£NDA MAY 1 3 2003 money to the Pumhaser and the Parties shall have no further obligation to one another under this Agreement. III. CLOSING. 3.01. The Closing (THE "cLoSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before sixty (60) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications, except to the extent, if any, expressly accepted by Purchaser in writing. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with Florida law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111. Warranty Deed in favor of Purchaser conveying title to the Property, including but not limited to any existing wells currently located on the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112. Combined Purchaser-Seller closing statement. 3.0113. A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "Gap" and issue the policy contemplated by the title insurance commitment. 3.0114. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012. At the Closing, the Purchaser, or its authorized agent, shall cause to be delivered to the Seller the following: 3.0121. A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122. Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02. Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Section 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03. Purchaser shall pay for the cost of recording the Warran~ Deed. Real _ Property taxes shall be prorated based on the current year'sitax wiffi~'~,Je~~?'" NO. / MAY 1 3 2003 allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date for which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS. 4.01. Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011. Within'fifieen (15) days after the date hereof, Purchaser shall obtain an updated title commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the updated title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012. If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement, in which event the Seller and Purchaser will be released from any liability under this Agreement and the deposits shall be returned to Purchaser. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL. 5.01. Purchaser has obtained the two (2) required appraisals in order to determine the value of the Property pursuant to the requirements of Section 125.355, Florida Statutes. The agreed Purchase Price stated in Paragraph 2.01 exceeds the average of said two (2) independent appraisals, but does not exceed the highest assessed value of those two (2) appraisals. Approval of this Agreement will require approval by an affirmative vote of not less than four (4) members of the Board of County Commissioners. VI. INSPECTION PERIOD. 6.01. Purchaser shall have thirty (30) days from the date of execution of this Agreement by both parties, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Properly can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirer~nt~ tn the development of the Property. / IN0.. /~ (._.. . ! MAY 13 2003 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended uses intended by Purchaser, which uses are specified below in Section 11.023. 6.02. If Purchaser is not satisfied, for any reason whatsoever, with the results of the aforementioned investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03. Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of. surveying and conducting site analyses, soil borings and/or any other investigation(s) deemed by Purchaser to be necessary. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Purchaser shall notify Seller no less than twenty-four (24) hours prior to said inspection of the Property. VII. INSPECTION. 7.01. Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing subject to the provisions contained herein. VIII. POSSESSION. 8.01. Purchaser shall be entitled to full possession of the Property at Closing, except to the extent, if any, provided otherwise by the reserved use rights to utilize the Property for citrus operations as outlined further in Section 14.12 herein. IX. PRORATIONS. 9.01. Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2003 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES. 10.01. If any party shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by such party, within ten (10) days after written notification of such failure by the non-defaulting party, the party providing such notice may, at its option, terminate this Agreement by giving written notice of termination to the other defaulting party. Except as otherwise provided herein, each party hereto shall have the right to seek and enforce all rights and remedies that have not been waived and are otherwise available at law or in equity to a contract vendee or contract vendor, including the right to seek specific performance of this Agreement. 10.02. The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES. 11.01. Seller and Purchaser represent and warrant the following: AG£NOA IT£~ NO. /0 MAY 1 3 2003 PG. /~ 11.011. Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Neither Seller nor Purchaser are presently the subject of a pending, threatened or contemplated bankruptcy proceeding or any other court and/or administrative proceeding that might affect Seller's or Purchaser's obligations under this Agreement. 11.012. Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. Except as to final approval of this Agreement by the Board of County Commissioners, all necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute this Agreement. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if required by law, or if not required by law, if requested by the respective party. 11.013. The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Except as to all provisions in this Agreement that survive the closing, Purchaser's acceptance of a deed to the said Property shall be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014. No entity or individual other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.015. Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that it has no knowledge or reason to believe that any unlawful, unauthorized, or non-permitted pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents that the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of any hazardous or any toxic substances or wastes, as such terms are defined in applicable laws and regulations (other than the application of chemicals in accordance with labeling instructions in the ordinary care of the citrus grove located on the Property), or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property (other than the application of chemicals in accordance with labeling instructions in the ordinary care of the citrus grove located on the Property), and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that it has no knowledge or reason to believe that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents that except for above ground diesel fuel tanks located within containment areas in compliance with existing laws no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents that none of the Property has been used as a sanitary landfill by Seller. 11.016. Seller has no knowledge nor reason to believe that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon, delivered to, or otherwise come to the attention of Seller claiming or noticing any alleged violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, constr, uction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which has not been complied with. 11.017. Seller warrants that there are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect Purchaser's planned uses of the property, and there are no maintenance, construction, advertising, management' leasing, employment, service gr other 5 I I MAY 13 2OO3 ! contracts that will adversely affect Purchaser's planned uses of the Property other than those described, outlined, or provided for in this Agreement. 11.018. Neither Seller nor Purchaser have knowledge or reason to believe that there are any claims, suits, actions or arbitration, bond issuances or proposals therefore, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects or which may affect the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.019. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not attempt to cause the physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing with the exception of continuing the current ordinary citrus grove operations. Therefore, except for ordinary citrus grove operations (and always subject to the Notice to Terminate such uses), Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which could change the physical condition of the Property or the governmental ordinances or laws governing any of the same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations, or of any claim, action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.020. At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.021. Notwithstanding anything elsewhere in this Agreement, including Section VI, Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts, which costs are asserted, imposed, or incurred because of a Property condition that existed before Closing. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.022. Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. 11.023. Purchaser plans to use the property to be purchased pursuant to this Agreement for a park site, a water treatment plant, a water reclamation facility, a recycling center, related utility facilities and any other then lawful uses; provided however, that Purchaser covenants and agrees (which covenant and agreement shall survive Closing, shall run with the land in perpetuity and shall be stated in the Deed from Seller to Purchaser) that the Property shall be used only for a park site, a water treatment plant, a water reclamation facility and a recycling center. Seller warrants that there are no existing easements for the wn ~ll~r t use or benefit of Seller or any partner, shareholder or co-o ~ - . ha will adversely impair or will adversely restrict any use of the lrol~.rt~ ~c ~0 e~T~_.~, ! JMAY 1 3 2003 purchased by Purchaser. Therefore, if it is ever discovered or noticed that any provision of any such easement, if allowed to thereafter exist, will adversely restrict or impede any use by the Purchaser, the Purchaser may request the Seller in writing to relinquish and otherwise extinguish its interest in each such easement provision that in the judgment of the County's Public Utilities Administrator, or his designee, reasonably exercised adversely impedes or restricts full use of the property to be purchased by the Purchaser, and upon written request from the Purchaser, Seller will promptly deliver to the Purchaser (as the case may be) all fully executed documents deemed by the Purchaser to be needed to relinquish any and all such interests, all at no cost or expense to the Purchaser. 11.024. Purchaser plans to remove the Property from the Orangetree PUD. Purchaser plans either to rezone the Property into a new Planned Unit Development (PUD) or to have the Property otherwise rezoned as necessary prerequisite to using the Property as planned by Purchaser. Seller hereby agrees to fully cooperate with regard to such rezoning, all conditional use applications, and other approvals with the understanding that such rezoning, conditional uses, and other approvals will be subject to all of the use restrictions specified in this Agreement, all of which shall survive the Closing. XII. NOTICES. 12.01. Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: The J. R. Paul Family Limited Partnership c/o Bryan W. Paul County Road 78A, P.O. Box 2357 Labelle, FL 33935 With a copy to: Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail North, Suite 200 Naples, FL 34103 12.02. The addressees and addresses for the purpose of this Agreement may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be conclusively deemed to continue in effect for all purposes. Each party shall be required to provide to the other party written notice of any such change in address. This Provision 12.02 shall survive Closing. XlII. REAL ESTATE BROKERS. 13.01. Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Sel!f,.c_a~qrees to pay any and all commissions or fees at closing pursuant to the terms ~f a selYa,YaA~., x~.~, ' i .~o.. /o _ MAY 1 3 2003 !. ~G./$ agreement, if any. Purchaser warrants that there is no broker or any other person or entity acting as any real estate broker, salesman or representative on Purchaser's behalf in connection with the transaction contemplated by this Agreement. XlV. MISCELLANEOUS. 14.01. This Agreement may be executed in any manner of counterparts, which together shall constitute the agreement of the parties. 14.02. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03. No amendment to this Agreement shall bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Unless specified otherwise in the respective Amendment, each amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04. Captions and section headings contained in this Agreement are for convenience and reference only and in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05. All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may allow. 14.06. No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07. If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08. Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09. If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Purchaser. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10. The Purchaser will comply fully with all then applicable laws, codes, ordinances, rules and regulations. This Provision 14.10 shall survive Closing. 14.11. Seller can enter into a separate agreement with the Purchaser whereby the Seller can purchase treated effluent, if available, for irrigation purposes in accordance with the then current Collier County's Effluent Ordinance in effect. 14.12. Seller hereby reserves to itself (for a period of three (3) years following the date of Closing) a right to use the Property to continue its currently existing citrus farming activities, without interference by Purchaser. Purchaser is authorized to terminate this reservation of use. No such termination shall be effective until one hundred and eighty (180) days after Seller's receipt of written nrptice trer~l~ezT£,,/"~ ! NO. /0 8 / I MAY 132003 ! i _/'/ Purchaser of Purchaser's decision to terminate the use. The parties acknowledge and agree that the Purchaser is purchasing the citrus trees located on the Property. Seller shall be solely responsible for the survival of the citrus trees until title to the trees transfers to Purchaser. Title to all citrus trees on the Property will automatically transfer to the Purchaser 180 days of receipt by Seller of the Notice to Terminate (the reserved use), or on the expiration date of the three (3) year period, whichever date occurs first. Seller retains all rights to and shall be the recipient of any and all citrus canker compensation applicable or available to the citrus groves on the Property and Purchaser agrees to execute all documents reasonably required to effectuate payment to Seller of such compensation. Seller is responsible for maintaining and spraying the citrus trees in accordance with State of Florida Agricultural Department requirements and recommendations and agrees to indemnify'and save harmless the Purchaser against any and all claims whatsoever as the result of Seller's continued citrus grove operations as provided for herein. 14.13. This Agreement is governed and construed in accordance with the laws of the State of Florida. 14.14. Prior to the placement or construction of any facilities or improvements in, on or under the Property by Purchaser, Purchaser shall provide adjacent to the southernmost boundary of the Property a thirty-foot (30') wide landscape buffer to include a hedge five feet (5') in height, three feet (3') in spread and spaced a maximum of four feet (4') on center at planting, together with two staggered rows of trees spaced no more than thirty feet (30') on center. Purchaser reserves the right to construct wellheads within this buffer area XV. ENTIRE AGREEMENT. 15.01. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence with regard to all provisions in this Agreement. IN WITNESS WHEREOF, the parties hereto set for[h their hands seals. Project/Acquisition Approved by Collier County Board of County Commissioners on the __day of ,2003. AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BY: , Deputy Clerk TOM HENNING, Chairman 'l MAY 1 3 2003 PG. /,5' AS TO SELLERS (Limited Partnership): DATED: '~"~,~,. ~'~ WITNESSES: THE J. R. PAUL FAMILY LIMITED ~~.~. ~~ PARTNERSHIP, a Florida Limitedpartnership FiR,~r:' ~iT~E~S (~i~n~.ture}J FIR~:i' WITNE~S~Pri[~ted Name) J. R. PAUL, JR.,General Partner SE~'OND"~I'CNESS (Signature) SECOND WITNESS (Printed Name) Approved as to form and legal sufficiency: Thoma~ 15al~er '- Assistant County Attorney NO.. IO ~ MAY 1 3 2003 ~. /~ Exhibit "A" DESCRIPTION PART OF SECTIONS 11, 12, 13 AND 14, TOWNSHIP48 SOUTH RANGE 27 EAST, COLLIER COUNTY, FLORIDA , ALL THAT PART OF SECTIONS 11, 12, 13 AND 14, TOWNSltlP 48 SOUTH, RANGE 27 EAST AND PART OF SECTIONS 7 AND 10, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLOR DA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ' COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE ALONG THE NORTH LINE OF SAID SECTION 14, SOUTH 88o10'34'' EAST 50.01 FEET TO THE EAST RIGHT OF WAY LINE OF S-846 (IMMOKALEE ROAD); THENCE ALONG SAID RIGHT OF WAY LINE NORTH 01o53'16'' EAST 269.20 FEET TO THE SOUTH LINE OF GOLDEN GATE ESTATES, UNIT 59, ACCORDING TO THE PLAT THEREOF AS RECORDED IN P.B. 7, PAGE 61, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID SOUTH LINE SOUTH 88°08'24'' EAST 3151.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCR BED; THENCE CONTINUE ALONG SAID SOUTH LINE OF UNIT 59 SOUTH 88°08'24.' EAST 2142.74 FEET TO THE EAST LINE OF SAID SECTION 11; THENCE ' ¢ ALONG THE SOUTH LINE OF SAID UNIT 59 AND THE SOUTH LINE OF GOLDEN GATE ESTATES UNIT 60 ACCORDING TO THE PLAT.THEREOF AS RECORDED IN P.B. 7, PAGE 62, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SOUTH 88008'24'' EAST 2600.14 FEET; THENCE SOUTH 01051'36'' WEST 764.99 FEET; THENCE NORTH 88°08'24'' WEST 1676.51 FEET; THENCE SOUTH 01051'36'' WEST ,150.00 FEET; THENCE NORTH 88°08'24'' WEST 511.83 FEET; THENCE SOUTH 76°51'16`' WEST 431.02 FEET TO THE EAST LINE OF SAID SECTION 14; THENCE SOUTH 76°51'16'' WEST 2214.66 FEET; THENCE NORTH 01°53'16'' EAST 1632.79 FEET TO THE NORTH LINE OF SAID SECTION 14; THENCE NORTH 01°53'16'' EAST 267.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; CONTAINING 135.06 ACRES OF LAND MORE OR LESS. AND PART OF SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 27 EAST, .COLLIER COUNTY, FLOR DA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ' COMMENCING AT THE NORTHWEST CORNER 'OF' SAID SECTION 14; THENCE ALONG THE NORTH LINE OF SAID SECTION 14, SOUTH 88010'34'' EAST 50.01 FEET TO THE EAST RIGHT OF WAY LINE OF S-846 (IMMOKALEE ROAD); THENCE ALONG SAID RIGHT OF WAY LINE NORTH 01"53'16" EAST 269.20 FEET TO THE SOUTH LINE OF GOLDEN GATE ESTATES, UNIT 59, ACCORDING TO THE PLAT THEREOF AS RECORDED IN P.B. 7, PAGE 61, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID SOUTH LINE SOUTH 88°08'24'' EAST 3151.50 FEET; THENCE CONTINUE ALONG SAID SOUTH LINE OF UNIT 59 SOUTH 88°08'24'' EAST 2142.74 FEET TO THE EAST LINE OF SAID SECTION 11; THENCE ALONG THE SOUTH LINE OF SAID UNIT 59 AND THE SOUTH LINE OF GOLDEN GATE ESTATES UNIT 60 ACCORDING TO THE PLAT THEREOF AS RECORDED IN P.B. 7, PAGE 62, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SOUTH 88°08'24'' EAST 2600.14 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE SOUTH 88008'24'' EAST 569.74 FEET; THENCE SOUTH 01°51'36'' WEST 1214.99 FEET; THENCE NORTH 88°08,24" WEST 96.25 FEET; THENCE NORTH 01051'36'' EAST 450.00 FEET; THENCE NORTH 88°08'24'' WEST 473.49 FEET; THENCE NORTH 01o51'36.' EAST 764.99 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. CONTAINING 11.00 ACRES OF LAND MORE OR LESS. ' -- AGENDA IT£Mc Folio #: 00210041001]; 00209961607; 0020992010 !; 00209961005; 0209920004 & 021~0~.~ _ MAY 1 3 20O3 PGo f7 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between BRYAN PAUL, INC., a Florida corporation, and THE BRYAN W. PAUL FAMILY LIMITED PARTNERSHIP, a Florida limited partnership, (said parties hereinaffer collectively referred to as "Sellers" and individually as "Seller"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Sellers are the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference; and WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinaffer set forth, and Sellers are agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT. 1.01. In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Sellers shall sell to Purchaser and Purchaser shall purchase from Sellers the Property, described in Exhibit "A". 1.02. Closing of this transaction is subject to concurrent closing of that certain Agreement for Sale and Purchase by and between Purchaser and the J. R. Paul, Jr. Family Limited Partnership for the conveyance of an adjoining 146.07 acres to Purchaser. I1. PAYMENT OF PURCHASE PRICE. 2.01. A. The Purchase Price (the "Purchase Price") for the Property owned by Bryan Paul, Inc ("Parcel "A") shall be Two Hundred Seventy Two Thousand Eight Hundred Dollars ($272,800.00) ($27,500.00/acre for 9.92 acres) (U.S. currency) payable as outlined herein. B. The Purchase Price (the "Purchase Price") for the Property owned by the Bryan W. Paul Family Limited Partnership (Parcel "B") shall be One Million Six Hundred Fifty-Five Thousand Seven Hundred Seventy-Five Dollars ($1,655,775.00) ($27,500.00/acre for 60.21acres) (U.S. currency) payable as outlined herein. C. Within fifteen (15) business days of the execution by both parties hereof Purchaser shall deposit with Woodward, Pires & Lombardo, P.A. as Escrow Agent the following deposit as to each parcel deposit (representing 5% of the Purchase Price of the Parcel): I. As to Parcel "A": $13,640.00 I1. As to Parcel "B": $82,788.75 The deposit shall be held by Escrow Agent in an interest bea~:ing account to be the~_Property disbursed as provided herein. In the event that the sale of as contemplated by this Agreement is closed in accordance with tt~ terms~ HAY .I 3 2003 conditions hereof, the Escrow Agent shall apply the earnest money deposit and any interest thereon to the Purchase Price due on the date of closing. In the event the Purchaser defaults under this Agreement or fails to close within fifteen (15) days after the established closing date as set out in 3.01for any reason other than a default by the Sellers or a catastrophic event beyond the reasonable control of the Purchaser, the Escrow Agent shall release the earnest money to the Sellers as actual damages for the Purchaser's failure to close, and the Parties shall have no further obligation to one another under this Agreement. In the event the Sellers fail to close within fifteen (15) days after the established closing date as set out above for any reason, to include any failure to deliver good and marketable title to the real property, the Escrow Agent upon request of Purchaser shall release the earnest money to the Purchaser and the Parties shall have no further obligation to one another under this Agreement. II1. CLOSING. 3.01. The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before sixty (60) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011. Sellers shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications, except to the extent, if any, expressly accepted by Purchaser in writing. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with Florida law. At the Closing, the Sellers shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111. Warranty Deed in favor of Purchaser conveying title to the Property, including but not limited to any existing wells currently located on the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112. Combined Purchaser-Seller closing statement. 3.0113. A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "Gap" and issue the policy contemplated by the title insurance commitment. 3.0114. A W-9 Form, "Request for Taxpayer Identification and Certification' as required by the Internal Revenue Service. 3.012. At the Closing, the Purchaser, or its authorized agent, shall cause to be delivered to the Sellers the following: 3.0121. A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Sellers until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Sellers and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122. Funds payable to the Sellers representing the cash payment due at Closing in accordance with Article III hereof, shall bP,,...~ubject to adjustment for prorations as hereinafter set forth. ~ A¢~~o^ I~r~,.,x~-- HAY I 32003 3.02. Each party shall be responsible for payment of its own attorney's fees. Sellers, at their sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Section 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Sellers' title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03. Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Sellers. If Closing occurs at a date for which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS. 4.01. Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Sellers, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011. Within fifteen (15) days after the date hereof, Purchaser shall obtain an updated title commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covedng the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the updated title insurance commitment, to notify Sellers in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Sellers written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012. If Purchaser shall fail to advise the Sellers in writing of any such objections in Sellers' title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Sellers shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Sellers, at their sole expense, shall use their best efforts to make such title good and marketable. In the event Sellers are unable to cure said objections within said time period, Purchaser, by providing written notice to Sellers within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement, in which event the Sellers and Purchaser will be released from any liability under this Agreement and the deposits shall be returned to Purchaser. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Sellers agree to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL. 5.01. Purchaser has obtained the two (2) required appraisals in order to determine the value of the Property pursuant to the requirements of Section 125.355, Florida Statutes. The agreed Purchase Price stated in Paragraph 2.01 exceeds the average of said two (2) independent appraisals, but does not exceed the hi,qhest assessed value of those two (2) appraisals. Approval of this ~greeme~l~a~il~T'7'~' MAY 132003 / .G. require approval by an affirmative vote of not less than four (4) members of the Board of County Commissioners. VI. INSPECTION PERIOD. 6.01. Purchaser shall have thirty (30) days from the date of execution of this Agreement by both parties, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no a. bnormal drainage or environmental requirements to the development o~ the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended uses intended by Purchaser, which uses are specified below in Section 11.023. 6.02. If Purchaser is not satisfied, for any reason whatsoever, with the results of the aforementioned investigation, Purchaser shall deliver to Sellers prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Sellers in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Sellers copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03. Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and/or any other investigation(s) deemed by Purchaser to be necessary. Purchaser shall, in performing such tests, use due care and shall indemnify Sellers on account of any loss or damages occasioned thereby and against any claim made against Sellers as a result of Purchaser's entry. Purchaser shall notify Sellers no less than twenty-four (24) hours prior to said inspection of the Property. VII. INSPECTION. 7.01. Sellers acknowledge that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing subject to the provisions contained herein. VIII. POSSESSION. 8.01. Purchaser shall be entitled to full possession of the Property at Closing, except to the extent, if any, provided otherwise by the reserved use rights to utilize the Property for citrus operations as outlined further in Section 14.12 herein. IX. PRORATIONS. 9.01. Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2003 taxes, and shall be paid by Sellers. X. TERMINATION AND REMEDIES. 10.01. If any party shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by such party, within ten (10) days after written notification of such failure by the non-defaulting party, the party providing such notice may, at its option, terminate this Agreement by giving written notice of termination to the other defaulting party. Excel! as otherwise provided herein, each party hereto shall have the right to seek ~.nd enl~r-eeAalF£,^ NO. io (',,, j MAY 132003 J PG. rights and remedies that have not been waived and are otherwise available at law or in equity to a contract vendee or contract vendor, including the right to seek specific performance of this Agreement. 10.02. The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. XI. SELLERS' AND PURCHASER'S REPRESENTATIONS AND WARRANTIES. 11.01. Sellers and Purchaser represent and warrant the following: 11.011. Sellers and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Neither Sellers nor Purchaser are presently the subject of a pending, threatened or contemplated bankruptcy proceeding or any other court and/or administrative proceeding that might affect Sellers' or Purchaser's obligations under this Agreement. 11.012. Sellers have full right, power, and authority to own and operate the Property, and to execute, deliver, and perform their obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. Except as to final approval of this Agreement by the Board of County Commissioners, all necessary authorizations and approvals have been obtained authorizing Sellers and Purchaser to execute this Agreement. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Sellers, if required by law, or if not required by law, if requested by the respective party. 11.013. The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Except as to all provisions in this Agreement that survive the closing, Purchaser's acceptance of a deed to the said Property shall be deemed to be full performance and discharge of every agreement and obligation on the part of the Sellers to be performed pursuant to the provisions of this Agreement. 11.014. No entity or individual other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.015. Sellers represent that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Sellers represent that they have no knowledge or reason to believe that any unlawful, unauthorized, or non-permitted pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Sellers represent that the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of any hazardous or any toxic substances or wastes, as such terms are defined in applicable laws and regulations (other than the application of chemicals in accordance with labeling instructions in the ordinary care of the citrus grove located on the Property), or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property (other than the application of chemicals in accordance with labeling instructions in the ordinary care of the citrus grove located on the Property), and there is no proceeding or inquiry by any authority with respect thereto. Sellers represent that they have no knowledge or reason to believe that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Sellers represent that except for above ground diesel fuel tanks located within containment areas in compliance with existing laws no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Sellers' ownership thereof. Sellers represent that none of the Property has been used as a sanitary landfill by Sellers. 11.016. Sellers have no knowledge nor reason to believe that the Propert~ and Sellers' operations concerning the Property are in violation of ly appl/~3a~e NO. MAY 1 3 2003 Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon, delivered to, or otherwise come to the attention of Sellers claiming or noticing any alleged violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which has not been complied with. 11.017. Sellers warrant that there are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect Purchaser's planned uses of the property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts that will adversely affect Purchaser's planned uses of the Properly other than those described, outlined, or provided for in this Agreement. 11.018. Neither Sellers nor Purchaser have knowledge or reason to believe that there are any claims, suits, actions or arbitration, bond issuances or proposals therefore, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects or which may affect the Property or which adversely affects Sellers' ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.019. Sellers acknowledge and agree that Purchaser is entering into this Agreement based upon Sellers' representations stated above and on the understanding that Sellers will not attempt to cause the physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing with the exception of continuing the current ordinary citrus grove operations. Therefore, except for ordinary citrus grove operations (and always subject to the Notice to Terminate such uses), Sellers agree not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which could change the physical condition of the Property or the governmental ordinances or laws governing any of the same. Sellers also agree to notify Purchaser promptly of any change in the facts contained in the foregoing representations, or of any claim, action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.020. At the Closing, Sellers shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.021. Notwithstanding anything elsewhere in this Agreement, including Section VI, Sellers represent, warrant and agree to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA' or "Superfund"), which was amended and upgraded' by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts, which costs are asserted, imposed, or incurred because of a Property condition that existed before Closing. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. MAY I 3 2003 11.022. Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Sellers' sole risk and expense. 11.023. Purchaser plans to use the property to be purchased pursuant to this Agreement for a park site, a water treatment plant, a water reclamation facility, related utility facilities and any other then lawful uses; provided however, that Purchaser covenants and agrees (which covenant and agreement shall survive Closing, shall run with the land in perpetuity and shall be stated in the Deed from Sellers to Purchaser) that the Property shall be used only for a park site, a water treatment plant and a water reclamation facility. Sellers warrant that there are no existing easements for the use or benefit of Sellers or any partner, shareholder or co-owner of Sellers that will adversely impair or will adversely restrict any use of the property to be purchased by Purchaser. Therefore, if it is ever discovered or noticed that any provision of any such easement, if allowed to thereafter exist, will adversely restrict or impede any use by the Purchaser, the Purchaser may request the Sellers in writing to relinquish and otherwise extinguish their interest in each such easement provision that in the judgment of the County's Public Utilities Administrator, or his designee, reasonably exercised adversely impedes or restricts full use of the property to be purchased by the Purchaser, and upon written request from the Purchaser, Sellers will promptly deliver to the Purchaser (as the case may be) all fully executed documents deemed by the Purchaser to be needed to relinquish any and all such interests, all at no cost or expense to the Purchaser. 11.024. Purchaser plans to remove the Property from the Orangetree PUD. Purchaser plans either to rezone the Property into a new Planned Unit Development (PUD) or to have the Property otherwise rezoned as necessary prerequisite to using the Property as planned by Purchaser. Sellers hereby agree to fully cooperate with regard to such rezoning, all conditional use applications, and other approvals with the understanding that such rezoning, conditional uses, and other approvals will be subject to all of the use restrictions specified in this Agreement, all of which shall survive the Closing. XII. NOTICES. 12.01. Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Sellers: The Bryan W. Paul Family Limited Partnership c/o Bryan W. Paul County Road 78A, P.O. Box 2357 Labelle, FL 33935 If to Sellers: Bryan Paul, Inc. c/o Bryan W. Paul County Road 78A, P.O. Box 2357 Labelle, FL 33935 With a copy to: Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail North, Suite 200 . Naples, FL 34103 12.02. The addressees and addresses for the purpose of this Agreement may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be conclusively deemed to continue in effect for all purposes. Each party shall be required to provide to the other party written notice of any such change in address. This Provision 12.02 shall survive Closing. XlII. REAL ESTATE BROKERS. 13.01. Any and all brokerage commissions or fees shall be the sole responsibility of the Sellers. Sellers shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Sellers as a real estate broker, salesman or representative, in connection with this Agreement. Sellers agree to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. Purchaser warrants that there is no broker or any other person or entity acting as any real estate broker, salesman or representative on Purchaser's behalf in connection with the transaction contemplated by this Agreement. XlV. MISCELLANEOUS. 14.01. This Agreement may be executed in any manner of counterparts, which together shall constitute the agreement of the parties. 14.02. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03. No amendment to this Agreement shall bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Sellers. Unless specified otherwise in the respective Amendment, each amendment to this Agreement shall be binding upon Purchaser and Sellers as soon as it has been executed by both parties. 14.04. Captions and section headings contained in this Agreement are for convenience and reference only and in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05. All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may allow. 14.06. No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asseded, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07. If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08. Sellers are aware of and understand that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09. If the Sellers hold the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Sellers shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every o~r~on having a beneficial interest in the Property before Property held in tUChN(~.al~/~ i~T£~.~ ! HAY 132003 conveyed to Purchaser. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10. The Purchaser will comply fully with all then applicable laws, codes, ordinances, rules and regUlations. This Provision 14.10 shall survive Closing. 14.11. Sellers can enter into a separate agreement with the Purchaser whereby the Sellers can purchase treated effluent, if available, for irrigation purposes in accordance with the then current Collier County's Effluent Ordinance in effect. 14.12. Sellers hereby reserve to themselves (for a period of three (3) years following the date of Closing) a right to use the Property to continue their currently existing citrus farming activities, without interference by Purchaser. Purchaser is authorized to terminate this reservation of use. No such termination shall be effective until one hundred and eighty (180) days after Sellers' receipt of written notice from the Purchaser of Purchaser's decision to terminate the use. The parties acknowledge and agree that the Purchaser is purchasing the citrus trees located on the Property. Sellers shall be solely responsible for the survival of the citrus trees until title to the trees transfers to Purchaser. Title to all citrus trees on the Property will automatically transfer to the Purchaser 180 days of receipt by Sellers of the Notice to Terminate (the reserved use), or on the expiration date of the three (3) year period, whichever date occurs first. Sellers retain all rights to and shall be the recipient of any and all citrus canker compensation applicable or available to the citrus groves on the Property and Purchaser agrees to execute all documents reasonably required to effectuate payment to Sellers of such compensation. Sellers are responsible for maintaining and spraying the citrus trees in accordance with State of Florida Agricultural Department requirements and recommendations and agree to indemnify and save harmless the Purchaser against any and all claims whatsoever as the result of Sellers' continued citrus grove operations as provided for herein. 14.13. This Agreement is governed and construed in accordance with the laws of the State of Florida. 14.14. Prior to the placement or construction of any facilities or improvements in, on or under the Property by Purchaser, Purchaser shall provide adjacent to the southernmost boundary of the Property a thirty-foot (30') wide landscape buffer to include a hedge five feet (5') in height, three feet (3') in spread and spaced a maximum of four feet (4') on center at planting, together with two staggered rows of trees spaced no more than thirty-feet (30') on center. Purchaser reserves the right to construct wellheads within this buffer area. XV. ENTIRE AGREEMENT. 15.01. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Sellers. Time is of the essence with regard to all provisions in this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Project/Acquisition Approved by Collier County Board of County Commissioners on the day of ,2003. AGENDA I T£1'~__~..~, NO. 10 -- MAY 1 3 2003 AS TO PURCHASER: DATED: A'I-rEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BY: , Deputy Clerk TOM HENNING, Chairman AS TO SELLERS {Limited Padnership): DATED: WITNESSES: THE BRYAN W. PAUL FAMILY LIMITED PARTNERSHIP, a Florida Limited FIRST WITNESS (Signature) ~F~T WITESS (Printed Name) BY: // SECO~D'V~NEgS (,~ig~--~ture)"- AS TO SELLERS (The Corporation): DATED: WITNESSES~(A_s'~to Pres Paul): Fi~)~ BRYAN PAUL, INC., a Florida corporation FIRST WITNESS (Printed Name) BY: ~.~ BR~/Y~/ W. PAUL,'President sECOND WITNESS (P~int~d Name) Approved as to form and legal sufficiency: Thoma~s P:~l~'le~ AG£NDA [ T ~___..~ · Assistant County Attorney NO. MAY 1 3 2003 PG. ,,,2.-1 Exhibit "A" I of 2 ALL THAT PART OF SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 27 EAST AND PART OF SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE ALONG THE NORTH LINE OF SAID SECTION 14, SOUTH 88°10'34" EAST 50.01 FEET TO THE EAST RIGHT OF WAY LINE OF S-846 (IMMOKALEE ROAD); THENCE ALONG SAID RIGHT OF WAY LINE NORTH 01"53'16" EAST 269.20 FEET TO THE SOUTH LINE OF GOLDEN GATE ESTATES, UNIT 59, ACCORDING TO THE PLAT THEREOF AS RECORDED IN P.B. 7, PAGE 61, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID SOUTH LINE SOUTH 88°08'24'' EAST 5294.24 FEET TO THE EAST LINE OF SAID SECTION 11; THENCE ALONG THE SOUTH LINE OF SAID UNIT 59 AND THE SOUTH LINE OF GOLDEN GATE ESTATES, UNIT 60 ACCORDING TO THE PLAT THEREOF AS RECORDED IN P.B. 7, PAGE 62, PUBLIC RECORDS OFCOLLIER COUNTY, FLORIDA SOUTH 88°08'24'' EAST 3169.88 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN .. DESCRIBED; THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 88"08'24" EAST 2156.49 FEET TO THE EAST LINE OF SAID SECTION 12; THENCE CONTINUE ALONG THE SOUTH LINE OF SAID UNIT 60 SOUTH 88°08'24'' EAST 1.65 FEET TO THE WEST LINE OF NORTH GOLDEN GATE CANAL RIGHT OF WAY; THENCE ALONG SAID WEST CANAL RIGHT OF WAY LINE SOUTH 01"49'15" WEST 262.51 FEET TO THE SOUTH LINE OF SAID SECTION 7; THENCE CONTINUE ALONG SAID WEST CANAL RIGHT OF WAY LINE SOUTH 01"49'15" WEST 952.49 FEET; THENCE NORTH 88°08'24" WEST 0.72 FEET TO THE WEST LINE OF SAID SECTION 18; THENCE NORTH 88°08'24" WEST 2158.25 FEET; THENCE NORTH 01°51'36" EAST 1214.99 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; CONTAINING 60.21 ACRES OF LAND MORE OR LESS. Folio f,~: 00209961704 & 00209920208 No. HAY I 3 2003 PG.. TRANSPORTATION ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 -----------.- (941) 77'I-8192 SKETCH OF DE$CRIPTIONko.c. N.E. CORNER EXHIBIT ~A'~ NOT A SURVEY SEC. Pege ~of ___7=.~ ROE. 2r E. S 88'08'24"E 31 I.I)6' LEGAL DESCRIPTION COMMENCE AT ]'11E NORTI lEAST CORNER OF SECTION 14, TOWNSIIIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; TI IENCE S 02'03'19' W ALONG TIlE NORTII.SOUI'II QUARTER SECTION LINE 1216 2g FEET; TIIENCE S 76'51'16' W 1063.40 FEET TO TIlE POINT OF BEGINNING; TIIENCE CONIItlUE S 76'51'16' W 322.92 FEET; TIIENCE S 01'49'15' W 1343.93 FEET; TItENCE S 88'08'24' E 311.96 FEET; TI IENCE N O! '49'15' E 1427.53 FEET TO IHE POINI OF BEGINNING. CONTAINING 9.g24 ACRES MORE OR LESS. GENERAL NOTES 1} P.O.C. = POINT OF COMMENCEMENT 2} P.O.B. m POINT OF BEGINNING 3I SEC.. SECTION PREPARED BY: 5) ROE. - RANGE Z~' 8) R/VV. RIGIIT OF WAY · ICHMOND P.L.S. 2406 7) ALL DISTANCES ARE IN FEET AND DECIMALS TllEREOF COLLIER COUNTY PUBLIC WORKS 3301 E, TAMIAMI TRAIL t B) NOT VALID UNLESS SIGNED AND SEALED WITI I TI IE NAPLES, FLORIDA 34112 EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR I ' AG£NOA _I TIII~ ~' DRAWtl BY CIIECKEO BY SCALE DAlE FIrE UO. NOTICE OF CLOSED ATTORNEY-CLIENT SESSION Notice is hereby given that pursuant to Florida Statutes, Section 286.011(8), the Collier County Board of County Commissioners will meet in executive (closed attorney-client) session with the County Manager, James Mudd; the County Attorney, David Weigel; an Assistant County Attorney, Jacqueline Hubbard Robinson, and a Certified Court Reporter from Gregory Court Reporting Service, Naples, Florida on TUESDAY, MAY 13, 2003, AT TIME CERTAIN - NOON, in the Commission conference room, 3rd Floor, W. Harmon Turning Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Board, in executive session, will discuss: SETTLEMENT NEGOTIATION ISSUES IN TERRAClNA, LLC V. COLLIER COUNTY, CASE NO. 02-4440-CA-HAYES, NOW PENDING IN THE CIRCUIT COURT, NAPLES, FLORIDA. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK by:/s/Maureen Kenyon Deputy Clerk (SEAL) E M ! ~o. _L;;),A ...... ! I~,~¥ 1 3 2003 EXECUTIVE SUMMARY REJECT A PROPOSED SETTLEMENT AGREEMENT PROVIDING FOR ABATEMENT OF VIOLATION AND COMPROMISE OF LIEN IN TWO CODE ENFORCEMENT LIEN FORECLOSURES ENTITLED COLLIER COUNTY v. ANTHONY J. VARANO, Case Nos. 99- · 4226-CA attd 00.3430-CA. OBJECTIVE: That the Board of County Commissioners reject the proposed settlement agreement with Anthony J. Varano, Jr., which provides for the abatement of code violations and compromise of lien amounts in two separate lien foreclosures entitled Collier County v. Anthony J. Varano, Jr., Case Nos. 99-4226-CA and 00-3430-CA. CONSIDERATIONS: These cases originated from two separate code enforcement proceedings against property owned by Varano. (CEB Case Nos. 94-005 and 97-029). After finding the existence of a violation in each case, the Code Enforcement Board entered an Order Imposing Fine/Lien, the recording of which imposed a lien against the violated property and all other real and personal property of Varano. After authorization of the Code Enforcement Board and pursuant to § 162.09, Fla. Stat., the Office of County Attorney initiated two actions to foreclose the County code enforcement liens. Varano's attorney, Mr. Shapiro, has raised numerous affirmative defenses, including a medical disability which allegedly prevented Varano from defending against the code enforcement prosecution and taking appropriate action to abate the violations when found. Varano claims a financial inability to abate either violation, but has the opportunity to sell one of the properties as a means of abating the violation. Varano has presented certain documentation to support this claim, including an affidavit describing his financial condition. This documentation is attached hereto as Composite Exhibit "1" for the Board's consideration. On March 26, 2002, staff recommended to the Board of County Commissioners a proposed settlement agreement (attached hereto) which permitted Varano to sell the Golden Gate Estates property so long as the contract purchaser was required to abate the violation. Upon abatement of the violation, the County would receive $5,000 and release the property from its liens. Thereafter Varano had 60 days to satisfactorily abate the violation on the other violated property. Once abated Varano would pay the County $20,000 and the County would release the second property from its code enforcement lien. The Board rejected staff's recommendation at that time but informally directed staff to negotiate a more favorable settlement. The previous agenda item is attached hereto as Exhibit "2." Over a year later, Varano is now proposing a similar settlement. However, in lieu of a $25,000 payment, Varano is offering to pay all the County's costs in prosecuting this matter, including a reasonable attorney's fees. These costs are an amount not to exceed Nine Thousand Dollars ($9,000.00). Mr. Shapiro's letter dated April 9, 2003 which contains this offer is attached hereto as Exhibit "3". The settlement amount reflects a huge compromise in the lien amounts. The fines in these { .~qe~ hnve been accruing since February 2, 1998, and June 4, 1994, at $250 per day. The total combine amount in these cases exceeds 1.26 million dollars, an amount clearly not recoverable byth~ Cod~ MAY 1 3 2083 through successful foreclosure in these cases due to the value of the properties. (The total assessed value of these properties is $160,000.) Notwithstanding the compromise of a substantial portion of the fine described above, it was staff's previous recommendation that the Board approve the proposed settlement in consideration of the costs to be incurred by the County through continued litigation, potential recovery (which includes the amount of recovery, likelihood of success, and the probability of continued litigation and ultimate recovery through a foreclosure proceeding and sale), the relative · ' S stren~hs and weaknesses of each party s clmm, and policy concerns. In light of the Board's rejection of the previous proposal which required a larger payment in satisfaction of these liens, staff is currently recommending denial of this proposal. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT.: If this A~eement is approved by the Board the petitioner would be required to make payment to the County in an amount not to exceed Nine Thousand Dollars ($9,000.00) deposited into the "Code Enforcement Board Fines" Revenue Account MSTD General Fund 111. RECOMblENDATION: That the Board of County Commissioners reject the proposed settlement agreement and direct staff to reject any future offers presented by the property and to prosecute this foreclosure action through judgment. Ellen T. Chadwell, Assistant County Attorney APPROVED BY: . _ Date: Michelle Edwards Amold, Director Co~~Depar~ent APPROVED BY: ~chrrfi~/.~ Date: C drm'nistrator, Community Development . Environmental Services APPROVED BY: ~ Date: - "~-/~/g> 3 David C. Weigel County Attorney 1 3 2003 2 AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Affiant, ANTHONY VARANO, who, being by me first duly sworn on oath, deposes and says that: 1. I have been totally and permanently disabled since an employment related accident in 1980 (see attached Judgment set forth as exhibit "A"). 2. Since 1980, my income has been limited exclusively to disability benefits. 3. In the tax year 2002, my disability benefits totaled $6,912.00 for the entire year, or $576.00 per month (see attached Form SSA-lQ99 set forth as exhibit "B"). 4. My social security disability benefits have been increased in 2003 to $580 per month, or $6,960.00 for the year (see copy of Social Security Check set forth as exhibit "C"). 5. My xvife is an employee of Publix Super Markets, Inc. and Wal-Mart Associates, Inc. 6. We file a joint return and our total income for the tax year 2001 ~vas $3,288.00. Our total taxable income was $0.00 (see H &-R Block Statement set forth as exhibit "D"). 7. We file a joint return and our total income for the tax year 2000 was $10,968.00. Our total taxable income xvas $0.00 (see H & R Block Statement set forth as exhibit "D"). 8. My wife runs a flea market booth that lost $19,200.00 in 2001 and $13,969.00 in 2000 (see H & R Block Statement set forth as exhibit "D"). 9. I am the current owner of the two properties located in Collier County, Florida with the following legal descriptions and physical addresses: The East 165 feet of Tract 116, Golden Gate Estates, Unit No. 3, according to the plat thereof, recorded in Plat Book 4, Pages 77 and 78, of the Public Records of Collier County, Florida, having the post office address of 3270 5th Avenue NW, Naples, Florida 34112; Parcel No. 13, of Section 11, Township 49 South, Range 25 East, Public Records of Collier County, more specifically described as the South 100 feet of the North 687.35 feet of the East ½ of the West ½ of the NE V4 of the SW ¼ of Section 11, Twsp 49s, Range 25E, Collier County, Florida, LESS the West ~0 feet II EXHIBII ' MAY 1,3 2003 together with an Ingress and Egress Easement over a ROW described as follows: East 60 feet of the West 195.52 feet of the Norther 1156.24 feet of the West ¼ of the NE ¼ of the SW ¼ of Section 11, Twsp 49s, Range 25 E, Collier County, Florida and the North 60 feet of the South 160 feet of the West ~ of the NE ¼ of the SW ¼ and the North 60 feet of the South 160 feet ofteh SE ¼ of the SE ¼ of the NW ¼ of the SW ¼ of Section 11, Twsp 49S, Range 25E, Collier County, Florida, less the West 30 feet, having no post office address. 10. There are county property tax liens on the above properties in the aggregate amount of $8,332.11, including $1,014.61 on the 5th Avenue NW property which must be paid at the time of sale (see tax reports set forth as exhibit "E"). 11. My current 2002 property tax bill, which remains unpaid totals $4,138.51 which includes $997.49 on the 5th AvenUe NW property which must be paid at the time of sale. 12. I live in a trailer, ~vhich is located at 34 Bamboo Drive, Naples, Florida 34112 in Harmony Shores Trailer Park. 13. I purchased the trailer approximately twelve (12) years ago for $12,000.00, and I pay $412.00 per month in rent to Harmony Shores, or $4,944.00 per year (see rent receipt set forth as ex. hibit "F"). 14. I do not own any real property other than the t~vo properties identified above. 15. My wife and I own two automobiles: a 1986 Cadillac Deville and a 1991 Dodge Cargo Van. 16. 'I do not own any bank accounts, stocks, bonds, or assets of any other kind having a value in excess of $500.00. 17. Both of the properties identified above have been found to be in violation of the Collier County Land Development Code, and the County has levied fines accordingly. 18. I do not have the financial resources to pay the frees nor do I have the financial resources to correct the violations. 19. The property with a physical address of 3270 5th AvenUe NW (which is also my residence) is currently under contract for sale, however I am unable to close due to the County's lien on the property (see sales contract set forth as exhibit "G"). 20. Even if the County is willing to settle this case and permit me to sell .~h Avenue NW property, I will have to pay the folloxving from the proceed., $14,000.00- to the correct the code violations on the second property (S6,000.00 to have the trees removed and another $8,000.00 to have the cars removed) $20,000.00- attorney's fee to Marc L. Shapiro $14,341.60- real estate and closing costs $12,471.62- property taxes (including arrears from 2000 and 2001) $35,000.00- settlement with the County 21. Accordingly, I will be left with only $34,186.78, no place to live, and a severely limited income resulting from disability. c-~N-fH6NY VARANO STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn and subscribed before me this Z c' ~day of February 2003 by -- ANTHONY VARANO who person~ appeare~H:~efore me at the time of notarization. Notary Public (printed name) iA ......... .,~,.. ~ PATRICK PIERRE Personally Knov~ -~- f/R P[°duced Identification _ ] ........... Type of Identification Produced: MAY 1 3 2003 SHEBELL & SCHIBELL 713 Bangs Avenue. Asbury Park, N.J. 07712 (201) 774-1000 Attorneys for Petitioner NEW JERSEY DEPARTMENT OF LABOR &'INDUSTRY DIVISION OF W0~KERS' COMPENSATION CLAIM PETITION NO.: 81-33342 ANTHONY j. VARANO, : residing at 1034 N. 7th Avenue, Naples, Florida, : SS~148-40-2627, : JUDGMENT Petitioner, VS. J. D. CONSTRUCTION CO., Respondent. APPEARANCES: SHEBELL & SCHIBELL, ESQS., By RAYMOND P. SHEBELL, ESQ., Attorney for Petitioner FRED S. BRAUSE, JR.., ESQ., By JOHN WEBER, ESQ., , Attorney for Respondent STATEMENT OF AWARD ASSESSED AGAINST RESPONDENT: Temporary Disability: 226-2/7 weeks at the rate of $154.00 per week fo~ the period of May 5, 1980 to September 5, 1984 inclusive or the sum of $34,848.00 which has been paid and deemed adequate· Permanent Disability: 85% of total :or 382% weeks at the rate of $154.00 per week (computed on the basis of 450 weeks) or the'sum of . ' .......... $58,905.00 The above weekly rate for permanent disability is pursuant to Statute subject to Social Security set-off based upon the petitioner's ACE and shall be reduced to the amount of $107.69 until December 10, 2009. Payments for the aforesaid permanent disability to commence on September 6, 1984 and to continue to January 5, 1992 inclusive, at the adjusted rate of $107.69. Payment of the Second Injury Fund Benefits to commence on January 6, 1992· .$ 150 00 - Kuvin ......... Dr. Seymour ............. Floyd Krengel .................... $ 87.50 Dr. Respondent is to pay the following outstanding medical Dr. Richard Caponetti .............. $ 105.22 Dr. Robert Bransfield ............... $ 1,205.00 Dr. Harry Brunt .................. $ 350.00 Dr. Lawrence Nantista ............... $ 525.00 SHEBELL & SCHIBELL, ESQUIRES, Petitioner's Attorneys, $ 6,000.00 counsel.fee · 'Ni i212 3 263 ............ Identification e Stenographic fee .......... ''' ........ $ 225.00 ASSESSED AGAINST PETITIONER: · $ i~o oo Dr. Seymour Kuvin ................... ' . $ 87 50 Krengel ................... ' Dr. Floyd SHEBELL & SCHIBELL, ESQUIRES, Petitioner's ,~ttorneys, $ 4,000.00 counsel fee ................... ASSESSED AGAINST SECOND INJURY FUND: Permanent.Disab%lity: 15% of total or 67.50 weeks, with credit for ~96~ weeks for accident Of October 18, 1977 and an award of about $1500.00 for an accident of 1968; thereby causing the 450 week period to have expired and allowing for total disability benefits to continue in accordance with the p~ovisions of Revised Statutes 1937, 34:15-12b as amended. ; MA'( 1 3 2003 Pg. t-~ ' "II A formal petition having been duly filed claiming compensation under R.S. 34:15-7 et seq., as amended and supplemented, an answer having been filed and the parties having appeared before Philip N. Gumbs, Judge of Compensation at the Division of Workers' Compensation, Monmouth County court House, Freehold, N.J. on July 16, 1987, and the only issue involved is the extent of temporary and permaDent disability and the court having considered the sworn testimony of the petitioner and the exhibits and stipulations of the parties, I find and determine as follows: 1. The petitioner was in the employ'of"~he respondent on May 5, 1980 on which date he sustained personal injuries as a result of an accident arising out of and in the course of his employment. The accident and injury occurred as follows: While the petitioner was working as a painter, he fell off a ladder about 10 to 12 feet, causing injuries involving his neck, back,-right elbow, left ankle, knees, shoulders, left elbow. 2. The ~espondent had due and timely notice and actual knowledge thereof. 3 The respondent has furnished and~ Paid for medical treatment because of ~aid injuries. Additional items to be paid are set forth in the above STATEMENT OF AWARD. 4. Petitioner's wages were $220.00 per week, making the temporary and total permanent disability.compensation rate $~-'.~.-_~ ~ / per week. ~Y 5. Compensation shall be paid by respondent under sa Statute · 6. Payments shall be made as se~ forth in STATEMENT OF AWARD. 7. The permanent disability resulting from said accident is orthopedic, neurological and psychiatric in.nature involving Cervical sprain with bilateral cervical paravertebral myositis, lumbosacral sprain with bilateral lumbar paravertebral myositis, bilateral sacroiliac sprain, contusion and sprain of the right knee with probable internal derangement, anxiety-depressive neurosis, hronic organic brain syndrome due to trauma and the extent hereof I find and determine to be 85% of total. 8. I further find and determine from th~ testimony and stipulations of'counsel that the petitioner is totally and permanently disabled as a result of the injuries sustained by the petitioner y_relating to the accident while working for the respondent which ,are nereinabove set forth in combination with the pre-existing conditions that the petitioner testified to and the exhibits marked in evidence. I further find and d~termine that the petitioner cannot be rehabilitated. At the conclusion of the trial, I made certain observations and findings which were recorded and which,are made a part hereof as if set forth fully herein. Pursuant to such findings, Judgment is entered in accordance with th~ above STATEMENT OF AWARD. Pursuant to the provisions of R.S. 34~15-64, as amended, it is directed that amounts to be deducted for the petitioner's are to be paid to the persons entitled to the same, the rema be paid directly to the petitioner. ~ Judge of Compensation / ¢~/~ FORM SSA-1099 - SOCIAL SECURITY BENEFIT STATEMENT ~,~,,~ onn~l · PART OF YOUR SOCIAL SECURITY BENEFITS SHOWN IN BOX5 MAY BE TAXABLE INCOME. · SEE THE REVERSE FOR MORE INFORMATION. Box 1. Name t Box 2. Beneficia%,'s Social Security Numbm' ANTHONY J VARANO J ~4B-40-2627 gOX 3. B~,-~.~ Pak:l in 2002 I Box 4. Benefit, Repa,o to SSA in Z002 I Box 5. Net Benefits for 2002 ~eox3 ,,~,., 8~,4 $7,560.00 I NONE I $7,560.00 DE~OF~PTIOfl. , OF AMOUNT IN BOX 3 DESGRIPTK)N OF AMOUNT IN BOX 4 Pa~d b:F cb~k or NOBLE direct depes:Lt 1~6~ 912.00 ~Fom youF benef:kt: $648. oo '~o~,aZ Add;Lt.~ona $7,560.00 genef.f, te for 2002 $?,56o. oo t I Box6.~lunta~FederallncomeT~ Wi~held NONE lBox7. Ad0ress ANTHONY J VARANO JR 3~ BAMBOO DR NAPLES FL 34112-57A0 Box 8. Claim Number (Use this number if you need to conl~act SSA.) 148-40-2627A Form &SA-IO~-SM ('{-2003) DO NOT RETURN THIS FORM TO SSA OR IRS SOCIAL SBCURZTY A~MINIST~ATION MID-ATLANTiC PROGRAM SERVICE CENTER PRESORTED 300 SPRING GARDEN ST C FIRST-CLASS MAIL PHILADELPHIA PA 19123-2999 MO7 POSTAGEAND FEES PAID SOCIAL SECURITY OFFICIAL BUSINESS 0 ADMINISTRATION PENALTY FOR PRIVATE USE, $300 PERMIT NO. G-11 **********AUTO** S-DIGIT 34112 N~k ANTHONY J VARA~O JR 34 BAMBOO DR N,P'-E, ,L ''.'=-',0 MAY 1 3 2003 I,,ll,,I,,I,,,Ih,,ll,,I,I, EXHIBIT 10 / Slld3N3E! AllaI'103S 'IVIOOS .dO =lOObld 80-4 INldO=l SIH1 dg3H AY 1 3 2003 J Income Tax Summary ~-001 Name IA & ANTHONY VARANO ' ........................ ~~. 156-70-8613 INCOME and ADJUSTMENTS' Year 2001 "~ear 2000' 7. Wages. salaries. Ups ........................................................ 3. 2 ~ 488 22,333 8a. Taxable interest n~ 9. Ordina~dividend income. 10. Stat~lo~l ~x re~nds 11. ~imony re~iv~ 12. Bus~ in~ (Io~) ....................................................... ([9,200) (13,969) 13. Capi~ ~n (~). 14. O~gains (Io~s) .......................................................... : 0 4 ......................................................... 15b. T~ab~ I~d~bu~on 16b. Taxable pensions ...................................................... 0 2 ~ 600~ 17. Ren~. p~er~ips, etc. 18. Fa~ in,me (loss) ...................................................... 0 19. Unemp~ent ~mpen~on 20b. Taxable ~cial ~cuH~ b~efi~ 21. O~er income 22. To~ in,me. ........................................... ................... 3 288 10~968 23. I~d~uc~on ...................................................... 24. Student loan interest deduction 2~ 31. O~eradjus~en~ .................................... ..... ' ........ 0 0 32. To~l adjus~en~ .......................................................... 0 33. Line 22 less Line 32. ......................................................... 3 ~ 2 88 10 ~ 96~ T~BLE INCOME 3~. Itemized deduc~ons Medi~l expenses ......................................................... 353 0 Taxes .................................................................. 124~ 0 ~uc~ble interest Contdbuaons Casual~ .................................................................. 0 0 Miscellaneous d ed uctJons ............................................ ~ ........ 13 4 0 To~l iterated deductions. ...................................................... 61] 36. S~ndard d~uc~on 7 38. ~empaons. ............................................................... 5~800 5~600 39. Taxable income .............................................................. 0 CREDITS 42. Tax before credits ~. Chi~ ~re=~it ....................... 46. Edu~on~editsi' ~~n-- -~ ................... 0 0 0 0 43, 45, 4~ 49. O~er credi~ °o ~g. Ghil~ ~X~it ....................~ '~ ~ ~' ................. [ ................. 55. Taxon I~and o~er plans ............. i ~~l~t ~ 0 260 5~ 57. O~er ~xes ..... ' .... ' ..... 0 0 .................. ,., .............. ,. / __~ PAYMENTS ,~ / ~ i'" 0i 26( 0 0 Ola. ~m~inmmo~edit .......................................................... 0 0 ~2, ~, ~5. O~erpa~en~ .......................................................... " ~. To~l paTmen~ ....................................................... " .................................... ~ ....................... lt61 0 -D- .X75 67. Ove,a~ent 1, 68a. Refunddueafteramountappliedtonextyea¢sestimates ............................... 1t 6 C ,~ 1~ 815 AMOUNT DUE ~. 70. ~ountow~wi~retum Tax~alk Caller From: Tax~alk Sgst~m 82/20/83 11:26am PagE: 881 Tax Collector - Collier County Guy L. Carlton C.F.C. ~ ~i;/ ~. 3301 E Tarmarm Trml, Courthouae Bu:ldLng C-1 .~ %t~>~/,<.~/~ Naples, FL 34112 n/q.~~.O Phone: (941) 774-8172 Fax: (941) 793-4411 · r~e~ible. No warrantt'es, ~'he Tax Collector meres every eEort to produce and publish the most current end accurate ~nformabon impbecl, ere provided for the data herein, its use, or ~ta interpretabon. Although it is periocltCelly updated, this inforrnatio~ may not reelect the data currenth/ on file it~ the Tax Collectors ugFrc, o. In rec~{p! of this fax you acknOwledge that you understand end accept the above disclaimer. Parcel Number: 00250800005 Owner: VARANO, ANTHONY Book: 1441 Page: 2078 Address: 34 BAMBOO DR NAPLES ;FAX Number: (239) 649-80§7 Date: 02/20/2003 FL 34112-5740 Tax Year: 2002 Total Assessed Value: $85,250 F. xemptions: * NONE * Taxable Value: 585,250 Widow, Disability.', or Other: $0 Millage Code/Rate: 119 / 13.35140 Homestead: $0 Legal Description (lst four lines): NEll4 (DF sW1/4, LESS W 30FT, 11 4925S 100FTOFN 687.35FT OF E1/2 OF W1/4 OF .31 AC OR 1441 PG 2078 Non .4,d Valorem Assessments: Ad Valorem Taxes: 0001 CC)UN'Dr' $333.49 9008 PINE RIDGE MUNICIPAL 0002 SCHOOL ROARD - STATE LAW $370.75 0003 SCHOOL BOARD - LOCAL BOARD $218.43 0004 CITY $0~0 000~ DEPENDENT $73.19 0006 WATER MANAGEMENT $44. 0007 INDEPENDENT $95.20 0008 VOTER DEBT SERVICE $2.28 Gross Tax Amount $3. 141.02 Current Tax: Amount Due: $3,109.61 If paid by 02/28/2003 $3,141.02 If paid by 03/31/2003 Tax Year Date Receipt Num. Amount Paid Tax Year Date Receipt Num. Amount Paid Unpaid Delinquent Taxes Year Cert Yr/Num Current Payoff If Paid By* Ne~ Payoff If Paid By* Delinquent Status 2000 2001/000347 $3,624.44 02/28/2003 $3,640.81 03/31/2003 2001 2002/000348 $3,693.06 02/28/2003 $3,707.69 03/31/2003 Other Comments: ' PAYMENT MUST BE BY CASH, CASHIERS CHECK OR MONEY ORDER AND iS DUE BY THE LAST BUSINESS DAY OF THE MONTH. AMOUN ' ' '~l ' ACCOUNT STATUS MAY RESULT IN A DIFFER To: Tax?alk Caller From: TaxTalk Sgsten 0~/28/03 12:88am Page: 801 Tax Collector-Collier County ! ,:.~.-:~ ..... Guy L. Carlton C.F.C. t~,~,~) J 3301 E. Tanuarm Trail, Courthouze Building C-1 .~ % ~ ~-T.7-~-_ _t~ ,t~ Naples, FL 34112 '4- ~.~--'~_ ~'~.O Phone: (941) 774-8172 Fax: (941~ 793-4411 c'O L k~ The Tax Collector makes every effort to produce and pul3~ish the most current and accurate information possible. No warranties, expressed cv imp#ecl, are provided for the data herein, its ~se, or its interpretsb*on. Although it is periodically upclated, this information may not reflect the data currently on file in the Tax Coflectors office. In receipt of this fax you acknowledge that you understand and accept the above disclain~er. Parcel ~umber: 36716961009 Owner: VARANO JR, ANTHONY J Boek: 1437 Page: 0941 Address: 34 BAMBOO DR NAPLES F.~ ~umber: (239) 649-8057 D~te: 02/20/2003 FL 34~12-5740 Tax Year:. 2002 Total A. ssessed Value: $75,000 Fxemptions: * NONE" Taxable Value: S75,000 x, Vidow, Disability., or Other: $0 Millage Code/Rate: 011 / 13.29980 Homestead: $0 Legal Description (lst four lines): .. GOLDEN GATE EST UNIT 3 E 16§FT OFTR 1160R ~437 PG @4~ Ad Valorem Taxes: Non Ad Valorem Assessments: 000~ COUNTY $293.39 0002 SCHOOL BOARD - STATE LAW S326.18 0003 SCHOOL BOARD - LOCAL BOARD S192.15 0004 CITY $0.00 0005 DEPENDENT S60.52 0006 WATER MANAGEMENT $39.49 0007 INDEPENDENT $83.75 0008 VOTE R DEBT SERVICE $2.01 Gross Tax Amount $997.49 Current Tax: Amount Due: $987 52 If paid by 02/28/2003 $99749 If paid by 03/31/2003 Tax Year Date Receipt .Num. Amount Paid ~ Tax Year Date Receipt .Num. Amount Paid Unpaid Delinquent Taxes Year Cert Yr/Num Current Payoff IfPaid By* Next Payoff If Paid By* Delinquent Status 2001 2002/002485 $1,014.61 02/28/2003 $1,014.61 03/31/2003 Other Commenta: ' PAYMENT MUST BE BY CASH, CASHIERS CHECK OR MONEY ORDER AND IS DUE BY THE LAST BUSINESS DAY OF THE MONTH. AMOUNTS DUE MAY BE SUBJECT TO INCREASE. ACCOUNT STATUS MAY RESULT IN A DIFFERENT AMOUNT DUE. 14'ime AI4THONI'/MAR.lAV~ . %'~.i,~i'.;., ,i~cr~i~J ..... "' ,~-~,;~ , .~ ~,..~,... .......... . .............~30.~.~,~.~ P~ ~U - ~. 2.30 P~~U- P~. ~ ~ 2~.~ B. SALES CONTRACT (RESIDENTIAL VACANT LAND) R[ ALTOR An~_~ony ~I. V~no, ~. ~ ~. $E~ 8~: ~lly ~. C~lino ~ ~ ~'~',~ l~ 941-TTS-T684 ~EPHORE: g41-593-4335 U~N ACCEPT~ ~ THE OF~R (~ COU~FER). SE~R h~s ~ ~ ~ and BUYER ~ ~ ~ ~, ~ THE TER~ ~D · ~e eas~ ~5~ o~ ~t ~6~ unit ~3~ ~l~n ~s ~s~a~ as aho~ ~nd 1. PURC~ PRICE: ~e ~r~e p~ (U.S.) s~,l ..y~e -- f--s: , 13~o ~~~ (b) A~ ~ ~ ~ ~b~ · ~ ~ ~ ~f~a ~ days ~r / ~'~ Eff~ Da~, ~ ~ ~, M ~ ~ of (c) P~s ot ~e, ~ any [~ Pemgra~ 4~)] '. $ (d) Pu~h~e ~ Note a~ ~e ~ S~LER, if ~y [S~ Pa~m~ 4(c)I ~ans~ ~ at cbsl~, su~t ~ a~ a~ ~om~om, of ~imt&y $ ~ ~O 2. PERt~ ~ 0FFER~FFECTI~ DA~: Th~ ~er ~ any ~un~roff~ ~ revo~ if not a~pt~ and no~e of a~gn~ de~ve~ [~ o~mr or ~untercffero~ by 5 A~ ~02 {Inse~ D~b}. This a~ limit shal ~p~ to all ~em ~ ~un~roflem unless o~e ~1~. The Eff~ ~ ~ ~ C~sh~l ~ ~ I~t ~te ei~ ~e BUYER or SELLER sig~ ~ ini~ ~ ~. INIT~LED C~NGES ~ST BE DATED, OR T~E ~TEST DA~ SE~ FORTH ~ THIS C~T~CT S~LL BE THE EFFECTIVE ~TE. A f~ shall ~ ~d to ~ ~ ~al. ~er a~ ~ ~ ~ is 3. CLOSING DATE ~O POSSESSION~C~ sh~ ~ur at a ~e of ~y a~ p~ ~ by BUYER ~ ~ ~ in w~h ~e Pm~ · ~t~. but u~n re~o~a~ ~l~e ~ ~e SE~R, ~ ~ t - ~ - ~-~ = ~ r .... {In~ Date}. or p~ ~ ~at data with ~e w~en ~s~t ~ ~th ~es pr~ h~er. ~ no event sh~l ~ BUYER ~ ~u~ to ~o~ Ess ~an ~ [2) wee~ a~r ~e da~ on which ~ ~ege ~mmi~nl ~ b~n o~ine~ ~muant to Par~ap~ 4 b~. BUYER s~ll ~ ~e ~a ~r of ~e Pm~ ~ ol ~e ~ ~ ~e Clos~ Date, and SELLER sha~ give ~ssess~ of 4. M~HOD ~ PAY~NTEIN~CING: (a) ~ BUYER ~11 ~y ~sh, ~i~ no ~e ~mml~nl c~ngen~; (b) ~ ~TGAGE C~MITMENT CONTINGENCY C~USE: BUYER's ~l~a~ ~e ~n~e~ u~n B~ER ~ining a ~age ~mi~nt ('~e ~e Com~nF) on l~ P~ ~ % er ear $ or ~ %~mpu~e~(fillino~a~rna~ve)ata(1) ~ ~(2) ~ in~aiin~estm~tlo~d p y f~ an ~~s~an ~ y~m ~ a ~al~n n~ ~an ~o y~m, IF (1) OR (2) IS NOT ~LEC~D, (I) SHALL APPLY. B~ER s~ a BUY~s ~ ~ ~l~n l~ ~ ~n ~ a~ ~ ~ ~ (fNe (5) de~ ff ~ ~) ~ a ~ ~i~ ~ ~ ~n t~ ~e ~t ~ ~ ~ ~ ~ ~ ~s ~ ~ ~age ~n[ ~ER ~ ~ SELLER · ~ ~ ~ ~ ~ ~ ~e Comm~m. ff BUYER ~i~ ~ o~e~ ~e ~g~a C~t droste a g~ fa~ a~ or ~ ~ ~ ~ ~ ~nt C~ ~ 0~ Da~} (~e~a C~ D~llne', w~h ~11 ~ s~ [5) ~ ~ ~e ~e Data unl~ a ~nt ~ i~efl~ in ~ ~ing ~anK), un~ ~e ~fl~ ~ ~ in ~ ~ ~ ~ ~e C~e~ ~l~e, eit~ BUYER ~ SELLER ~y. by wri~en ~ ~ ~er ~, te~a~ ~ Co~c[ ~d ~ ~s} s~a ~ m~m~ D BUYER. SELLER'a ~N to t~te ~b C~act sha~ ~ to ~t ~ SELLER r~N~ wriE~ C~;(c) ~ PURCHA~ ~N~ ~TE AND ~RTGAGE TO 8E~ER sh~ ~ ~o I~ ~ ~ ~t ~'. T~ ~g~ s~, ~ ~m ~ ~e ~ Da~. T~ ~ ~n~ ~: ~ inc~e p~l and ~t (e~h ~y~nt ~e sa~) ~ ~ S~ ~ ~ ~a), 4(b) ~ ~c) ~OVE SS NOT S~, 4(a) S~ ~LY. ~A ~ ~ ~e ~o Is~ ~ ~ of ~TO~. I~ a~ ~e ~l~r C~n~ Bar ~s~afion. (BOO ~19~ p~ns ~ ~ ~F~m ~ ~ F~ LLC 1~5 F~ ~ R~a. ~1~ T~ M~ 4 2 ........... A?~,'2'51'20'0'2" '2'iS~P'M ....... CBMs NAPLES 3RD FLR .... NO, 4010 P. 3 5. TI31.E EVIDENCE; WIIhin ~i~y [~) ~y~ a~ ~e Eff~e Date ol ~ ~n~ or ~n~ (20) da~ p~ to ~ C~ ~, w~ch~er is ead~ (1)~ SE~ER sh~ de.er ~ BUYER ~ ~ ~e~, a ~ ~ of fl~ ~ a ~ny sa~ ~ BUYER, ~ ~ a ~st ~ E~e Dale ~ ~ ~n~ If SE~ER ~e ~. ~ ~ER ~ pay, ~ ~ $ ~50. OD , NOT SE~D, {1) ~LL AP~Y. 6, DUE ~E~:[(~(1} ~(2).~(1)~ WAIVER OF DUE OlLIGE~E ~YER ~ v=ua~ ~ ~e P~ ~nd ~ ~ ~ ~ ~i~ insure, p~ ~ ~, m B~ER, s ~ d~, for B~Es mt~ u~. ~F (1) QR (2) IS NOT ~LECTED. (1) S~LL APPLY4 [a) OTHER TERMS ~D C~DI~ONS: e= is ~ ~e ~ete~ed ~lo=i~a ~e~l ==bata ~ice~~l s~-contraotore ~volv~ with the b~l~zn c Seller · r~e to ~ovide ~ bu a=e wit~ a letter from Collier ~ E~ATE ~N~C~N STANO~S. ~L~R ~O B~ER AC~E ~ THEY' ~VE ~CH ~CE~D AND ~EWED ~ ESTATE T~N~CTION ST~DA~S A ~ROUGH T ON PAGES 3,4, ~D 5 OF THIS C~T~CT, WH~H ~ INCOR~TED IN AND ~DE ~ IN~EG~L PART (~s ~nat~e) ~thony J. Va~anor Jr. ~B~S Pnnted Na~} (Seaets Pdnt~ Na~) (S~e~s S~nature) ~BW~s S~nature) Kelly ~. Capolino (Sel~s Pnnt~ Na~} (B~s P~ Na~} (Dalej ~ ID, Nu~) (gaLe) (Ta~ LO. Number) ~F~A~ QF B~L E~A~ BROKERS L{~ngSroke~Coldwell B~ke= ~cF~en & Sp=owl~ S~i~Br0ke~C~ldwell ~er McFadd~ R~ of ~ ~1 a~l ~ ~~ ~Y ~ ~h, ~ ~re or ~ c~ on j~u.~ 2 2, 2 002 0nsen Dale}, (1~ N~ ~ E~ Agar) (1~ D~ Au~ ~t) sue ~pr~ ~ the Mar~ Island Area ~a~n ~ R~LT~. Inc. a~ t~ ~11~ C~nty Bar As~aliO ............ A'FP ."2'51'2'0'0'2 .... 2'i53' ......... mb'NA'P'LES'3PiD'F R ................................ N'01' 0'iO ...... Pi" ..................... REAL ESTATE TRANSACTION STANDARDS STANDARD A - PURCHASE MONEY NOTE AND MORTGAGE TO SELLER. The Pumhase Money Not~ tel*enid to in Paragraph 4(c) of this Cont,'a~ wig ixov~:te kx a late chen3e equivalent to five percent (5%) of the daibtquant ped~llc payment amount ff payment is riel ma~ within ten (10) days of the due dale. The Purchase ~ey N~e and Idongage wE ofheetme ccx~ain tenm and cmx~dio~s that am customa~ in p~'c~ase m~ey ~otes and mo~g~Jee encumbering mai property in Ihe cou~ where BUYER shall ha~ the rtght to pmpa,/ all or any l~ of I~ principal et any ~ with i~ to the dale d payme~l 'w~t penalty, excelX ~ I~pa~l i~ SELLER's fiscal year of ~ is permilted without SELLERs wrttten consent The Purchase Money Mo~age shall co,rain a due~-sale ctause a~l shall be e I'~al mo,'l~e m STANDARD B - TITLE EVIDENCE. The title ev~ iden~lted In Pa~gmph 5 of this Contra~ will show good and marketable tJ~e and legal access, subject only Io the following Me exceo6o~: (a) a~i valorem real prope~' texas for the year of ck~ing and sul~equent years; (b) zoning, building code emi o~er use restrictions ~posed by govemmentel authonly; (c) outstanding ~il, gas and mineral interests of regard, il* any; an;I (d) reside[ions, reservations and easements commo~ to the subdivision. prorated, howeve~ that no one of them shall prevent usa of lhe I~ for ~esidenl~ purposes, STANOARD C · INSTRUCTIONS FOR TITLE; ASSIGNMENT. At least fi~en (1§) days prkx t~ the Closing Date, BUYER shall daiwa; to SELLER the name(s), actress(es), manner in which tJtJe will be taken, and any ass~gnmanl{s) thereby required. No assignment shall re~eese BUYER from the obligations of this Contract unless SELLER consents in writing. STANDARD D - CONDITION OF PROPERTY DISCLOSURE; WARRANTY; INSPECTION AND REPAIRS AND .REPLACEMENTS; RI$~( OF LOSS. (a) DISCLOSURE: Them am no facts or condibons known to SELLER materially affecting '~e value of the Property which am no[ readily observable to BUYER or which have not been disclosed to BUYER in wn~ng ~ t~ the Effec~ve Date of this Contract or in Paragraph 7 of this Conb'acL ~.~,,~.~ (b) DILIGENCE PERIOD: If (2) was setected in Paragraph 6 of INs Contract, BUYER shall have a pedod o! U~('J~days from the Effecliva Date of this Contract (the 'DUe Diligence Period') to delermine whether the Property is suitable, in BUYER's sole disc~tk)n, for BUYER's intended use. Oudng the Due DiIigence Period, BUYER may evaJuale, without limitation, the building and zoning laws and resb'ictions, environmental condigns and restdctk~s, presence of radon, soil and grade, presence of la, mites and ou',er wood-destroy~ organisms, avaitabilib/ of water, sewer and other utilities, consistency with IocaJ, stele and regional 9rov, lh management p~ans, availability of permits, government approvals and licenses applicabJe to the Propa~, and to conduct at BUYER's expense, any anti all lasts, reports, sludies, inspectJona, anaJyses, Surveys and assessments that BUYER deems neneasar7 and appropriate to delermine the suitability of the Property for BUYER's intended use (collecUve~y the 'lr~s'). BUYER and BUYER's agents, employees and con[rat[om shall have ~ ~ht to ent~ the Property at ail reasonable braes and at their own ~k dudng the Due Diligence Period for ~e pufl:x:~e of conducting the Inspections. BUYER wi~ inden~i~y and hokl SELLER harmlees from and againsl all losses, damages, costs, c~aims and expenses of amy nature, including etlomeys' fees, and from and against I~bility {o any' per~:m arising [rom, out of or in connection with the Inspections, BUYER will not cause an), construcUon lien(s) tO be placed against the Pmpen'y as a result of the Inspections. If BUYER de[eh'hinDs f~ any reason that the Properly is n~! SU~Dle Io~ BUYER's intended use, and no~es SELLER of same in writing Prior to exp~al]on of ~e Due Diligence Pedod, this Conbacl shag be terminated and the depesit~s) shag be immedia[e~/ re(umed to BUYER, In that event BUYER shag repair any and all damage to the Prope~ msutbng trorn or caused by the Inspections, and sna~, ofne~,~se relum Lha Property Io its condition prior t~ [he Inspections, BUYER's failure Io so rxXify SELLER of BUYER's elecliort ~ terminale this Contract will conslJtute BUYER's accefltence of the Property as suital~a for BUYER's intended use, ;n ils 'as is' conclition (c) RISK OF LOSS: SELLER shall maintain the Property in the condilJon it existed on the Effec~ve Dale until the Closing Dale, including but not limited to the lawn, shrubbe;y, and lan~capingo except for ordinary wea~ and tear, and shall not cause of permit de~ertorat]o~ of the Property or otherwise lake any aC~on to diminish the vaue of the Pmpan',f. Any fulum ~ and/or damage to l~e Property between the Effective Dale of this Contact and the Clo~mg Da~e o~ dale of ix~seasion, whichever is earl~, sl'~l be al SELLER~ sole risk and expense. STANDARD E - SELLER'S INSTRUMENTS AND EXPENSES. SELLER shag pay for and ixovlde, when applicable, Inck~ing any sale se~ t,~ due thweon: (a) the flue evidence or credl~ in ~ thereof specif~l In Paragm~ 5 heroin; (b) prepara~:xt o~ statutory wananty ~eed (or spac~l wananty deed if SELLER is a ~meowner associa~ estoppel letler(s}, tenant estoppet letters), copies and assignment(s) of toase(s), and an afl-,davit regarding liens, possession, and withholding uncler FIRPTA, in a kxm sufficient [o atlm~ "gap' coverage by UUe insurance; (c} modgage payoff lalter from existing lender(s); (d) pocumanlarf stamps off deed: (e) real es[ale brokers cornpensalion (to be cUsl:~'sed by ~ agent al dosing); (O the lug amount of special ~xes and assessments, including homeowner sPe~al assessments and CDD/MSTU spac~ taxes and r~n-,M va[oma capitel assessments, which am a lien or a special assessment that Ls certain as to ~e idenl~y of ~ lienor or a;ssessor, the property sui~ect to the lien or spedaJ aeaessmant, end the amount of ~e gan or special as.~,.~ment, on or be[om the Eflec~e Date of this Conlract and (g) SELLER's attorney fees. ~) 1999 Naples Area Board of REALTORS~ and AsaoclaUon o~ Real E,~tate Profelelonale. Inc. All Rights Re~ ----' Approved by the Marco Island Area A~socletion o! REALTORS~. Inc. end the Cog[er County Bar AssociaUon. (BO0 7/15/1999) Page 3 of 5 I:h~.~,_~_-~_ wi~ Zil~co~,~TM by RE F=rrr~Ne{. LLC tBS25 F~ Mdc I;;t~ld. C~;nt~t To~s~. MlcNgan 48035, APR. 25. 2002 2'54PM NAPLz 3RD FLR NO, 4010 P. 5 STANDARD F · BUYER'S INSTRUMENTS AND EXP~N~-S. BUYER shall pay for and provide, when applicable, including as/ s~ate sales tax due thereon: fa) recon~ing fee t~ deed; (b) pn~aratJoa of, and documeata~/ stamps, Inta~ibie tax and recor~ fees o~, the Pur~ase Money Note and Mo~age to S~LLER, and all, costs of any mslJtubonal loan slcumd by BUYER; (c) IlXNlgage b'ansku' ~ee, including rec~g expanses; (d) t~ insurance; (el recording membemhip approval, (fl abstract ~ or ties cmUnuat~:m through dale Ut deed recofdthg; (gl sufve/; (h) conduminlum/Immeownef ~-~xJ_ation membe~ip transfer tee: (il Immeowner assooatio~ reaJimd resale transre' faa/cep~ cont.,lbulion; 0 pandeg ~ or spec:mi exsessmams (l~'e or specia) assessments other ~ ~ described in Sm~erd E(I). In the eve~ it is demm~ 'a~ue am pending liens or apac~ ~ which do not fall under Stenda~l E(I). riot disclosed in v/ding to BUYER by SELLER p~ to o~ conounent with the execution of this C<mtract. which per,ding tiles of spec~l aeseesments exceed a sum m:lU~Valent to 1% of the pu~e price of b'ie Propef~. BUYER. a~ ~ spirea sham have the ~ht to te4'mthato Ihi~ Contra~ by pmvkiing SELLER whben nelice of such term~nal~on, unk~ss S_~_LI:R agrees in wd~drg to pay such pending lens cx spec~ assessmsets in e.~_ce~__s of 1% of e4, purchase price. SELLER agrees to pay into escrow a reasonable sum to insure that the excess wlH be paid at dosing; and (k) BUYER's attomay~ fees. In eta e~ent this Contract is ternUnated for any mason p~r to the Cto.~lng Date. BUYER shall immediately return to S~.LLER surveys. title evidence, and asseciat~x'l and other document~ whlc. h were provided ~o BUYER by SELLER. STANDARD G - PRORATIONS. These items will be prorated as ut the Closing Date, with the BUYER chalged with and en~de~ to ~e Clositlg Date, ~ the possession ~te, whichever is eadie~ (al ad v'ak3ram feel a~d pel~ona] pmper~y bixes based on the cunent year (if avaitaUe), ofherw~se on the priof ~reaCs bill (v~ discount) and readjuslecl upon receipt of tax bill if requested by either party', (10) interest o~ a~y assumed k'~lobtedna~: (c) re~ts and del:x:~its (and aco'ued intreat thefBon); and (dl homeowna assoda'don maintenance and UtiELleS assessments and CDO~VL~TU operatr~J and mairdenance assessments. STANDARD H - HOMEOWNERS ASSOCIATION DISCLOSURE. I~ the event ~hat the Property is located in a homeowner association ~mmunity. F~onda law ,,equ:re~ that be/ore l~e BUYER sign8 Ibis Co~tmcL the SELLER sham provide lo ~e BUYER ~e Homeowner A~scciation D(sciosure Summary, and that the summary shall be attached to hs Ce~trac~ as an Addendum and inco~mted herren. THE BUYER SHOULD NOT .ExEcuTE THIS CONTRACT uNTIL THE BUYER HAS RECEIVED AND READ THE SUMMARY. STANDARD I · HOMEOWNER ASSOCLATION PROVISIONS. BUYER has co. sleeted the existence or not of any condomJnium/~omaowner assocJation reserve account(s) and cleto~ined it/them Io be sa~t'aCtory. Any reserve accounl(s) is/are inoJuded in ~e purchase price. I! assocJabon membership approva~ is required, BUYER shall, ter~ (10) clays of the Effec'~'e Sale of this Contract, make applicalio~ for same ~ the name(s) in wr, idn tile wild be taken, af~l shatl comfy with a~l governing si' the assoc3af~on and be responsible ~or securL~ membership approvzd. It no approval has ~een obtained prior to ~ C~osing Dato~ either Ihs BUYER or SELLER may cancel tms ComracL and Ire depns~l(s) sha~l be returned to BUY~R. SELLER shml obtain letter(s} from t~e association(s) w~ich sets fo~'z the amounts, penods payment s~atus of assessments and ~nsfer fees a~ resell cap~lal contributions, and cleliver it to the BUYER at least fifteen (15) days ~or to the CIo~ing Sale. ~' ~iTANDARD J - PROCEEDS OF SALE AND DISBURSEMENT PROCEDURE, If a ps, on of the purina.se price i~ to be derived from instltutfi3,",al financing, the equimmeflts of 1he landL')g institution as to p~ace, time of daT, prc)c~res for closing, anCI tof ciisbumement o~ mortgage preceeds s~ti con~'oL However. the SELLER sh~ have the ~ht to require ~'o~ the ending k~stItut~on at rinsing, a commitment that the lender w~ not withhold disbursement of ms.age proceeds as a result o! any tiUe delect at~tatde to BUYER-mortgagof, Unless instJtu~nal procedures set for~ abeve control, t~ SELLER shall be ent~'deq to receive the ret proceeds ut sa'e 1antler of SELLER's ins~'urn~L~ c~ ~e C)o~ing Date. STANDARD K - TITLE EXAM~ATION AND OEFECTS; LEGAL ACCESS, BUYER shall have T~rtee~ (~§) days from recolD1 of the tiHe evidence idem.if'ed in Paracjrapn 5 of ~L~ Co. tract (the 'Examination Period") for axarnina~fl of sa~ b~e evidence and dete~inat~on of legal access. BUYER's ob~gation to purchase ~ c~dil~onecl the Probe,T/ havh'x:j legs{ a(~es~ lo and from a pu~c ~ht o~ way suflqc~ent for residential use. If title is found detec~ve or legal access is tound to be lac~,ing, BUYER sr~a, within the ~canurtatlo~ Period, notify SELLER in writing specifying the title d~ect(s) or lacX of ~:jal access, a~d furnish copes of the t;,tte evidence and insbumen!s contained therein documentJ~ such Ut~a defects) or ~ack ut I~at access, if 1he tile defect(s) rende,'(s) tile unma~<etable, o~ if SELLER canno~ deliver peasass:on, the~e · no ~agai access, ~le SELLER shall We thirty (30) ~ys from rec~pt of notice ~fom BUYER (the 'Clearance Period') to clear of remove such IJUe d~fect(s}, eeliver poesassicm, of !:~ legal __=,:..-a?~, at SELLER's expBftse, SELLER will, if SELLER cannot deliver po~sassion, or SELLER ~ no access, or ~J~a ~ found to be defectJve, use d~ent e~ to conect the tJ~e detect(s), de~ver pcesasslon or provide legal a_,':~'~___ within tho Clearance Period, including the bringing of necessary ~. SELLER shall not be tiab4e to BUYER for damages If .e-~q!l:R cannot render title marketable, deliver possessi~l or Ixovide legal access. II SELLER does no( clear or remove lithe defec',($), de~ver possession of provide lega~ access wi~n the Clearance Period, BUYER may etect lo accept suc~ title, possession, of access as SELLER can provide, without mductxm of the purchase price, or to terminate this Contract by giving w,tten nubia of such l~tion to SELLER, and upon such terrrVnation, deposit(s) ~all be prcxTxoUy re~umed to BUYER, and BUYER and SELLER sh~ be re~eased, as to orLa another, of all obtigatiorls under this Contrail STANDARD L - SURVEY; COASTAL CONSTRUCTION CONTROL UNE. BUYER may, at BUYER's expense, have the Property surveyed not biter than twenty (20) c~ays P~or to the C~)sing Date. Il Ihs ~Jr~, as cmlirecl by a registered Fkmda surveyor, correct~ shows: (al an enoroachrrent onto ~he Prope~: of (b) Chat an i~provemem located on the property pn3jects tutu lands of others, or (c) lac)< of leBaJ access BUYER shall, within f~'e [5) days of reczipt of the sl.m,,ey, nc~ify the SELLER in vmting of the encroachme~ P~ect~x~ of Lack of kl~al access, and SELLER shall beat it/them as a tJtJa defect(s). MAY 1 ~ 19~ Napi~ Area Board of REALTOR~ and Association of Real E.~tale Professionals, Approved by Ihs Marco Island Area A~_--~,c!ation o~ REALTORS~, Inc. and the Collie County Bar A.~oc~aticx~. i 5/lgg9) Page Produc~l vdU! Z.t~'om~m by RE F~NeL LLC I~0;Z~ FtReen 1~/41e ~ Clal4:m Tow~t, hlp, Michigan 4~035, (800) 3&~35 STANDARD M · FU/JD$ ESCROW. The un~nad escrow agen{ (~e 'ese'owes') will accepl in escrow U~ Cepo~t(s) paid under ~is Contract ancl hold and ePiC/ depose(s) in em:row un~l the eadlel* of:. (a) daliven/ fo,' (:losing to another escrowee, wino ~ acceptance agrees to mesa mm~ ~ becomes the esoowee (ma esc~wee ho~J the delx3s~s) ks aotlxxLzed to so Icansfo~ ~e funds), and the dallvehng as~owee is reJleved o~ ai liabilily for the funds delivered: (b) de~ive~ of the deed, with payment et the ~s} as part of the pumbese price of the Pr~, (c) such ~ as tho BUYER may be enUUed to mlum el the (~q;)osi~s); or (d) daliven/ pu~uant to w~t~en dtmctio~ of the parlies, at which lime the escm~me ~ pay all of t~a deposit{s) to Ihs patty enllled Ihem~, The escrowee she~ act with respect to the deposil(s) as a staket',older o~f Ina 'eithout compensal~m. The escmw~e shall not he llabie Ior lJm payment of any Namat, damages, altomey fees ~' court costs in any ac~on trim may ~ I~ to recover the deposits) held in ~scmw, or any pal ~eraof, unless t"te asorowee shal lail or reluse k) pay over any sucfl depo.~s) pu~uant to a judgrner~ ord~ or de~ee that shal be rmal beyond i:x~all3~ty of appeal. In any pfoceanrmg wNch ii,gates the diSlX~llion of the deposit{s), the asctowee ~ he en~ded o~ c~eck given as a dalx~L bu{ shaJI give ~e parties 'afl/ten nolice ~ (1) any deposi~ that is not received ~ live (5) days alter its due date, and {2) any check for an init~ ~eposit wr,~ch is no{ paid ~ presentaUon witch five (5) days of learning of its dkshoflor. Uport receipt of separate written directions ~ the BUYER. the deposit(s) shall be p~c. ed into an interest beanng acc~Jn~, and all Interest accn.~g tbe~eon shall be paid to the BUYER in any event. If the ascrowee is a licensed real estate broker. the escn~vea ~all oomph/ ~ the requirements of Chapte¢ 475 F.S. An ascrowee changing an escm~ fee shall be liable kx ordinary negligence. An escrowee riel char~m~ an e~.row fee $.hall be liable o~y for wililul misconduct or groas negligence. STANDARD N - ZONING, SELLER represents and wanants that SELLER has n~ cornmenced any p,-oceedlngs to change the presenl zoning classification of the Propec~y, no~ will SELLER init~e any sucfl ixoceedings. SELLER further represents and warrants that SELLER has received no notice of the commencement by third pa~as of any proceedings which v~uld affecl the prese~t zoning ctassiticaLk~ of the Property. Should SELLER receive any such notice, SELLER will prornpUy c~nmun~.am t~'.e same tO BUYER in writing, and If Re proposed zoni~lg would Ixevenf rasiden~l use o! the Properly, l~e BUYER may elect to cancel this Contract and have the deposil{$) returned to BUYER. STANDARD O · FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (FIRPTA). A SELLER who 'ks-a U.S. ctUzen or t~sident aJien and who furnishes BUYER w~th an affidavit attesting to same, is exempt Item EIRPTA w~th~ng, ti SELLER ts a foreign pe~son or enti~, BUYER shall co, tact from the SELLER. or deduct and Unlhhold from t~e purchese price, a tax in an amoun[ equivalent to 1{)% el the purchase price of the Property, unless: (a) the SELLER datives, to BUYER a withholding cer~licate issued by the internal Revenue Sen/ice en~Jing SELLER to an exempUon from wi~holcling or a reduced wqhholding obligalion, and indemni~s BUYER for not collecti~ or wi~i'~ng ~ ~ax or for wl~holcllng onh/ such reduced amoun~ as is set forth in the wil,h~'~olding ce~flcete; o~ (b} the pun:~se price o~ the propen'y is not mo~e Ihan $300.0~0.00 and BUYER executes an affidavit establishing BUYER's ac~luisitian of 1he Property is for use as a residence in acc~'dance with the regulations of the ~nternal Revenue Code, and othefv/isa compass wtt~ all applicable regulations and requirements promuJgated or imposed by the internal Revenue Service related to Iha[ exemption. SELLER sisals not be required to pay to BUYER = allow withholding by BUYER untJI BUYER sal~sfies SELLER the tax Wtil I:e properly and timehf remJtled. Unless relieved from U~e o01igatJon tO do so upon b'le circun"etance~ set folh above, within ten (10} days of the ~oslng Date. BUYER wlJl fib= with and remit Ihs lax to t~e Internal Revenue Service for the behest of the SELLER. and will provide evidence of remittance to the SELLER. The colleclJon or withholding of the tax by BUYER, or the establL~nment of an exempUon by SELLER or BUYER as set forth herein, Is a condlUon precedent to c~3sing, lot ~e sole benefit of BUYER. SELLER's f=i~ure or refusal to comply or allow co~ience wiih the rs~u~'~ments of Seclfo~ 1445 IRC (and mgul=~id~s) is an evenl of default and bmactt of this Contract by the SELLER. STANDARD P ·TIME OF PERFORMANCE AND REMEDIES, Time is et the essence for ck~ing fills. I! BUYER does nol pedorrn BUYER's obligations he,sunder (except as exc~sed by the SELLER's dafauit} all deposits made s~all be paid b~ the SELLER as l'rCluidatad de-ma~es, which shall be SELLER's exclusive remedy. If SELLER does not perform SELLER's obliger, ions hereunder (excep~ as excused by the BUYER's default), I~UYER may enforce ~ts Contract by a suit for spec~f'c performance, damages or ,may elect to ~erminate this Contract and st~all be enUtled to return of the deposil~s). STANDARD O ·L[TtGATION A'/-roRNEYS' FEES AND COSTS, In connection with any lit~ation conceming this Conb'act, the prevailing party shall be entitted to recover rea.so~abie al/~meys' fees and court costs from the non-fxevalling paty, STANDARD R - MISCELLANEOUS,' The parses have agreed to deal in good faith and to diCrjenUy wo~k toward a t~nely ctosing. The singular tense shall inclucle the plural tense. This Conlract may anl~ be modified in wdl~r~ by the parlJes. Unless otherwise specified to the contrary, all reft'incas in this Conbract to a number of days shall mean calendar days. All helices required to be given und~ ~ Contract sha~ be in wril~ng, unless o~envba specified. As used hewn. the terms 'real estata t~'ol<e~' or 'broker' shall in,dude alJ mai estale 1:~3ke~, brokerage cofl3o~91fo~s or business end'des, and their readY, ye salespersons involved in Ihis tnmsactJon. STANDARD S · REPRESENTATIONS AND WARRANTIES, Any and all rapmsantat~ms and wan-anties musl be written into this Co~tm~ othenCse, [here a'e ncne. BUYER's decision to buy was besecl upon BUYER's own Inves~ation et the Property. BUYER holds the IxoKer(s) harmless from all liabll~ or k3ss cause~ by SELLER's faiJure lo dBCbse material facts in accontance wi/h this Con~'act, represenlatinns regarding the Prepe~l'/'s condition, or broker's referral, recommendation, or re[ention of any vendor, The parUes agree that aasislance to a party by a broker does not, end will not, make the bm.kef responsible for perfon~ance. Each party (SELLER or BUYER) ts, and will remain, responsible for t~at paJlys parkxmance of the o~agatlo~s of this ContracL STANDARD T - BINDING CONTRACT; LEGAL COUNSEL. THE PARTIES ARE NOT REQUIRED TO USE ANY PARTICULAR FORM OF CONTRACT. TERMS AND CONDITIONS SHOULD BE NEGOTIATED BASED UPON THE RESPECTIVE INTERESTS, OBJECTIVES AND BARGAINING POSITIONS OF ALL INTERESTED PARTIES. APPROVAL OF THIS FORM BY THE COLLIER COUNTY BAR ASSOCIATIO~ AND ASSOCIATIONS OF REALTORS DOES NOT CONSTITUTE AN OP{NION THAT ANY OF THE TERMS AND CONDITIONS IN THIS CONT 'ACT SHOULD BE ACCEPTED BY A PARTY iN A PARTICULAR TRANSACTION. THIS IS A LEGALLY BIN[~ING CONTRACT FORM. EACH p.a~RTY ACKNOWLEDGES THAT PRIOR TO SIGNING THE CONTRACT. THE C[.OSING EXPENSES HAVE BEEN EXPI_AINED. REAL ESTATE TRANSACTION STANDARDS A THROUGH T HAVE BEEN RECEIVED AND REVIEWED, AND THAT PARTY HAS BEEN ADVISED BY THE REAL ESTATE BROKER TO SEEK LEGAL COUNSEL AND TTTLE INSURANCE TO PROTECT THAT PARTY~ INTEREST IN CONNECTION WITN THE TITLE STATUS AND CLOSING OF THIS TRANSACTION. BUYER AND SELLER ARE ADVISED TO CONSULT AN APPROPRIATE PROFESSIONAL FOR CONDt'rlON, EN~RONMENTAL, AND OTHER SPECIALIZED ADVICE. THIS CONTRACT SHALL BE BINDING UPON AND INURE TO THE HERETO, THEIR HEIRS, ADMIHISTRATOR$, P~RSONAL REPRESENTATIVES. AND SUCCESSORS IN INTEREST. Nv. MAY 1 ~ 19~ Naplel A/Ia B~a,rd o! REALTOR~8~ ~md AleoctaUorl ot Real Esl.~{e Profe~tonals, Inc. AJI Riglll~ Approve~ Dy the Marco Island Azea Asaectallon o! REALTORS~). inc. and U'le Collier Coun['y Bar ASSOC~a{ion. (BOD 7/15/1 of pre,~uce~t ~,1~ Z. ip, Fom't~' by RE Fom'~Ne~, LLC t~025 Fiftee~ Mde Reed, v, ?'i.:k EX"ECUTIVE SUMMARY APPROVE TIIE SETTLEMENT AGREEMENT PROVIDING FOR ABATEMENT OF VIOLATION AND COMPROMISE OF LIEN IN TWO CODE ENFORCEMENT LIEN FORECLOSURES ENTITLED COLLIER COUNTY,,. ANTHONY'. V.,4RANO, Case.Nos. 99-4226-CA and 00-$450-CA. OBJECTIVE: That the Board of County Commissioners approve the proposed Settlement Agreement with Anthony J. Varano, Jr., which provides for the abatement of code violations and compromise of lien amounts in two separate lien foreclosures entitled Collier Counn., ~'. Anthony d. Varano, dr., Case Nos. 99-4226-CA and 00-3430-CA. CONSIDERATIONS: These cases originated from two separate code enforcement proceedings a~,ainst property owned by Varano. (CEB Case Nos. 94-005 and 97;029). After finding the existence o'~ a violation in each case, the Code Enforcement Board emered an Order lmposing Fine/Lien; the recording of which imposed a lien against the violated property and all other real and personal property, of Varano. After authorization of the Code Enforcement Board and pursuant to §162.09, Fla. Stat., the Office of County Attorney initiated wvo actions to foreclose the County code enforcement liens. Varano has raised numerous affu-mative defenses, including a medical disability, which allegedly prevented Varano from defending against the code enforcement prosecution and taking appropriate action to abate the violations_when found. Varano claims a financial inability to abate either violation, but is willing to sell one of the properties in the effort to abate the violation. The parties have agreed to the terms and conditions set forth in the Settlement Agreement, conditioned on the Board's approval. A copy of the proposed Settlement A..oTeement is attached hereto. In summary, this agreement permits Varano to sell the Golden Gate E~tates property so long as the purchaser is required by contract to abate the violation. Upon abatement of the violation, the County will receive $5.000 and release the property. Varano has 60 days from the closing on the Golden Gate parcel to satisfactorily abate the violation on the other violated property. Thereafter, Varano will pay the County $20,000 and the County ,,,,'ill release the property of its final code enforcement lien.. In the event Varano fails to perform any of these conditigns, the Count3' may terminate the agreement and proceed with foreclosure. The settlement amount reflects a compromise in the lien amounts. The fines in these cases have been accruing since February 2, 1998. and June 4, 1994, at $250 per day. The total combined lien amount in these cases exceeds 1.08 million dollars, an amount clearly not recoverable by the County through successful foreclosure in these cases due to the value of the properties. Not-,'`~ithstanding the compromise of a substantial ponion of the fine d~scribed above, it is staffs recommendation that the Board approve the proposed Settlement Agreement. In making this recommendation, staff has considered the costs to be incurred by the Count' through continued litigation, potential recover3' (which includes the amount of recovery, likel~ood of success, and the probability of continued litigation and ultimate recovery through a foreclosure proceeding and sale), the relative stren~hs and weaknesses of each party's claims, and policy concerns. In the event the Board rejects this proposed settlement,, the County will incur additional expenses in pursuing foreclosure and, '-" County prevails in the foreclosure actions, in bidding on the ~ertv so as to EXHIBIT MAY 13 21:Ki3 recover3'. Should there be no reasonable bids on the properties at time of sale, the County will obtain title to the properties and will thereafter be responsible for correcting the existing violations on both properties. Cleanup would include the demolition of an abandoned structure and removal of numerous vehicles, .litter and debris. GRO!,¥I'It MANAGEMENT IMPACT: None. FISCAL EMpAc'I: Payment to the Coimty in the total amOunt of Twenty-Five Thousand Dollars ($25,000.00), to be paid in two installments ($5,000 and $20,000) and deposited into the "Code Enforcement Board Fines" Revenue Account MS'ID General Fund 111. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the temps and conditions set forth in the Settlemem A;greeme'nt, which proxqde for the compromise of over a million dollars worth of accrued frees by the County; and 2. Authorize its Chairman to execute the original' Settlement A~eement: and 3. Direct staffto take all steps necessary to ensure performance ofboth parties pursuant to the terms of the Settlement A~eement, including recording of satisfactions; and 4. Authorize the Chairman to execute the Satisfactions/Releases of Lien upon submittal by staff. SUBlkflTTED BY: ~ 'L/ Date: ,~-/?- o ~-- Ellen T. Chadwell, Assistant County, Attorney REVIEWED AND , ' " ' z ,./,,, Da, e: APPROVED BY: ' "' " Michelle ]Edwards Arnold, Director Code Enforcement Dep/a~nent . /~istrato~, Community Development // & En,~qronmental Services David C. WeigeI zS> H: ~i~ ga~i on' CEB C~s'.Va.~noll'~x~--qtma.m 2 MAY 1 3 2003 SETTLEMENT AGREEMENT THIS SETTLEMENT AGKEEMENT ("Agreement") is entered into and made on this ~ day of , 2002, by and between Collier Count)' (the "County") and Anthony J. Varano, Jr. ("Property Owner"), with respect to Case Nos. 99-4226-CA and 00- 3430-CA, fried m the Circuit Court of Collier County and originating from Code Enforcement Board Case Nos. 94-005 and 97-029. Xx,'I TN ES ETH: WHEREAS. the County has filed two actions in the Circuit Court of Collier Count.',. Case Nos. 99-4226-CA and 00-3430-CA. to foreclose' the" code enforcement liens created by orders arising out of Code Enforcement Board Case Nos. 94-005 and 97-029: and '~VHERE.-\S. an Order tmposmg Fmc Lien was recorded on ~.larch 13. 1OqS. Record Book 239S. Page $%. ce. :eq.. in CEB Case No. 97-029. which created a lien on comair; properties owned bx the Propcr~.x Owner in Collier County'._Ftorida and described in Exhibit to ibis Agreement: V(HEREAS an Order lml, osing Fine Lien was recorded on Februau 6. 1995 in O£ficial Record Book 2028. Page 30. et >eq.. arising out of CEB Case No. 94-005. which order cremed lien on certain proper-tics owned by ~he Property Owner in Collier County and described in Exhibit "A" (attached hereto ): ~YHERE.-XS. a Clerk's default was entered against the Property Owner on June 23, 2000. in Case No. 99-4226-CA: and WHEREAS the property owner has not abated the x4olation which is xhe subject of CEB Case No. 97-029: and EXHIBIT i~. ]~, ~n~ 2 3'a-e/2.. " I'4AY I 3 2003 '~VHEREAS the Property Owner has not abated the violation which is the subject of CEB Case No. 94-005: and ~¥HEREAS the Property Owner has asserted his £mancial inability to abate the violations on both properties; WHEREAS the hen created by the Order lmposmg Fine/Lien in CEB Case No. 94-005 amounts to approximately $657,000 (accruing from January. 9, 1995 to August 15. 2001') and continues to accrue at $__0 per da,,.' until the violation is abated or a foreclosure judgment is entered: X¥HEREAS. thc lien created by the Order Imp0smg ~:ine"Liens in CEB Case No. 97-029 amounts to approximate!'. $317.250 ~accruing from Februar',' 25. 199S to Auzust 15. 2001 t and continues to accrue at $25~, per day: Yk HERE.-\S thc C'oumx' recot:nizcs the unlikelihood ofrecovenng the f~.dl anqouni of thc liens by proceeding through ibreclosur~' and desires to compronzise th,.- amount of the lien> imposed against the Propen.x Owner's properties in the interest of obtaininz abaton:tnt of t}~c violation: and YVHEREAS the panics to thi: Agreement recognize that it is in their best interest to compron-dse the lien and achieve abatement of the violation on both properties. NOV~'. THEREFORE. m consideration of the mmual covenants, pronzises and consideration set forth in this Agreement. the sufficiency of wkich is hereby acknowledged by Parties and with the intent to be legally bound hereby, lhe County and the ProI_env Owner mutually ag'tee as folloxvs: I. The parties agree that ~he foregoing recitals are true and correct arut .~;5 -'-'-~,_=!:' , are incorporaled by relL-rence into the forms of this A~ee.menl. 2. The Property Owner shall market the properly more particularly described as the East 160 feet of Tract 116 and the East 165 feet oflract 116 of that certain sub-dMsion known as Golden Gate Estates, Unit No. 3, and identified by Folio No. 36716961009 (hereinafter "Golden Gate Parcel") for sale. The Property Owner shall obtain a Contract for Sale within forty- days of the effective date of this A_o, reement and shall provide the County with a copy of - . the fully executed sales contract within this tin]e period. The Properw Owner's inammx' obtain a binding contract for sale. or prox'ide Counw with cop)' of fully executed contract within that time period will constitute the breach of a condition prece.dent to the remaining obligations of this A_rzreement. and the Count>' shall have the option to terminate this AgTeement and proceed with the foreclosure actions. 3. Any contract for sale of the aforedescribed property shall include a condition requiring the contract purchaser of the property to abate the existing' violation within days. The contrac~ purchaser shall be required to r~tmox'e-ail debris and litter I:rom the propert2. and either (a) obtain a valid building pcrnm lbr completion of the structure and certificate of occupancy or (bi obtain demolition pernm and remoxe sm~ctur:'. The Golden Gate Parcel will remain encumbered by the County's liens until such abatement is obtained. 4. The Coumy a~ees that upon satisfactoD' aba~cment of the violation on the property described in Para~aph 2. it will execute a Release of Lien as to that property in accordance with Para~aph 5 below. The Count,,' shall be notified of the abatement and ~x'en an opportunity to inspect the property to determine if'the violation has been satisfaclorily abated. 5. Al closing on the sale of the Golden Gme Parcel the sum of $5.000 shall be held in an interest-bearing escrow account for the benefit of Collier County. Ubon deternnnation ~hat the x'iolation has been abated, the Property__- ao_.c Il jxH' i MAY 1 3 21X13 disburse the $5.000. plus any accrued interest, to Collier County. Upon receipt of those fund: the Courtly shall execute a Release of Lien and Partial Release of Lis Pendens as to the Golden Gate Parcel and shall record the same within thirt:y (30) days thereof. 6. The Property Owner agrees that the proceeds from the sale, other than those funds to be escrowed as provided herein, shall be used to abate the violation existing on property located on Washing'ton Avenue. more particularly identified Parcel No. 13. of Section Il. Township 49 South. Range 25 East. and identified by Folio No. 00250800005 (hereinafter "Washinmon A. venue Parcel"I. 7. The Prop.,'r~y Owner shall have sat,,' (60'1 d'ak,'s from closing on the Golden Gate Parcel to satisfac~ori!', connplete abatement of the violation on the \\"ashmgton .-Xxenue Parce!. The Countx shall inspect ti:e property after notice l¥om the Property Owner of abatement and detem~me whether the x'K, latioi~ has been corrected. After notice from tile County to the Proper:.> Owner that the violation i~as been corrected Io the satisfaction of the Count,,'. the Proper't> shall pay to the Coumx the sunq o£5 20.000. 8. t/pon receipt of ~}~e suna of S20.000. the Count,,' shall release thc Avenue Parcel and execute a sansfaction of the remammz code enforcement lien and shali both pending foreclosure actions with pre. iudice. 9. The panics a_ree that this A~eement supersedes and replaces all prior A~eements and tile understanding that it constitutes the entire A~eement between the Property Owner and the County and that there exists no other Agreements, oral or written, between them relat.ing to an.',' of lhe matters covered b.v this Agreement or an,,.' other matter whatsoever. In executing this A~eemem. the Property Owner does not rely upon any inducemenl.$ pr~"rl'ls~?4-,a;~.~- represcntations, other than those expressed in this 10. In the event that thc violation on the Golden Gate Parcel is not abated by the contract purchaser within the sLxty (60'1 days. or the Property Owner fails to make any payment to 'the County as d~rected by this A~eement. or the Property Owner fails to abate the violation of the Washington Avenue Parcel. or any of the conditions set forth in this A~eement are not met. the County may. at its option, temfinate this A~eement and continue to foreclose on the Properties. The Parties acknowledge and agree that the entering into this A~eement shall in no wa-~' impair or compromise the validity or enforceability of the code enforcement liens currently pending against the properties. .. 11. Thc Property Owner acknowledges and agrees th::t it is ultimatclv his responsibility to ensure that the x'iol~:tion existing on thc Golden Gate Parcel is corrected, and any contract for sale mus~ proxide adequate provisions enabling the Property Owner to action to correct the violation or recover possession and control of the property for th~.' same purpose in the event the contract purci~aser fails to correct the violation to the smisfact~on of County. In no ex'en't shall a convevance oftitle to a third part) or a Gilurc or breach ofcontr:~c~ obligations bx'a third party constitute an excuse to perfom~ance under this .-kgrcemem. 12. The Property Owner expressly ag-rees lhal the Count,,' ma)' proceed to enforce these hen through ~he foreclosure in thc event it or the contract purchaser fails to comply with thc provisions of this A=m'eement. The Property, Owner a~ees that if he fails Io comply' with the provisions ofthis Agreement or the contract purchaser identified in Para,apb 2 fails 'to abate the violation, and the Count.',' proceeds with ils foreclosure actions, he shall be deemed to have waived all defenses ~o the foreclosure actions other Ihan the defense of payment. Under no conditions shall the County's acceptance of the $5.000 (plus interes't) payTncnt in accordance with , _ _ of the coOc cnfortcmen~C Para,apb '; of thi., Azreemcnt be construed as satisfaction rather shall only entitle the Property Owner to a release of the Golden Gate Parcel from operation of the liens. 13. Ibis A~eement has been entered into freely and voluntarily by the Proper't> Ox~mer after having been appr/sed of all relevant information concerning this A~eement and the consequences thereof and after having received advice from his legal counsel. Marc L. Shapiro. 14. The Property Owner acknowledges and a~ees that thc terms of this A~eement are subject to the approYal of the Board of County Commissioners at a duly noticed public meeting of the Board and that the temps hcreof shall not be binding on any party until accepted and approved by the Board ofCounw Commissioricrs. 15. This A.=m-eement shall be gox creed by the laws of the Statc of Florida. 16 The Parties a_ree that thi: .-Xzreement max not be modified except by thc mutual consent of the Parties and in writing, executed in the same fom'mli~¥ as ibis .-Xgrecmem. 17. Both parties to this Agreement have participated fully in thc nc2onation an,i preparation ofthis Am-eement. Accordmgl). this Agreement shall not be more stric~tx construcJ azainst either one of the parties hereto 18. The parties a~ee and acknowledge that this Agreement ~s not intended to. nor shall it create any rights or obhgations in any parties not signing this .-Xgrecment. nor shall this A~eement create any benefits in third panics, tn particular, an,,' contract vendee of the properties described herein. No party other than the undersig-ned shall have standing to enforce the tem'~s o f ~his A~eement. 19. This A~eement shah become effective upon execmion b',- the last signing party to the Agreemen~. ~ No,AGENOA./. °Q' '~--~ MAY 1 3 6 PI. ~'~ IN WITNESS ~'HEREOF, the Property Owner. Anthony J. Varano. Jr.. and Collier County have executed this A~eement consisting of pages on the day and ,,,ear f'trst written above. BOARf) OF COUNTY COMMISSIONERS ATTEST: OF COLLIER COUNTT. FLORIDA DV, rlGHT E. BROCK, Clerk By: JAN1ES N. COLETTA, Chairman Date:- Witness .-~nthony J Varano..Ir. Print' Datc' Witness Print: Reviews'ed by: b. IAR_K L. SHA_PIRO. ESQ. Attorney for Property Owner. Anthony J. Varano. J r - ~ ~A¥ 13 2003 IN WITNESS WHEREOF, the Property. Owner, Anthony J. Varano. Jr., and Collier County have executed this Agreement consisting of pages on the da3' and year first written · above. BOARD OF COUNTY cOMMISSIONERS ATTEST: OF COLLIER COUNTY, FLORIDA DWIGHT E. BROCK. Clerk By: JAMES'Iq. COLETTA, Chairman Date: Wimess Print: t~',- ~, 5~;,,c MARK L. SHAPIRO). ESq. Attorney for Propert?' Ovcner. Anthon.x' 3. Varano. Jr MAY 1 3 2003 STATE OF FLORIDA COUNTY OF COLLIER THIS SETTLEMENT AGREEMENT between Property. Owner and Collier Counrf. was acknowledged before me, the undersigned authorits.', by Anthony J. Varano, Jr., this day of 7O~u,G ,2002. ar /~~ Personally Known , Public,,; Produced Identificationv..K.__. si~c.7- - C~/~c=,t.7' O-~.7 F~- o/,- Web-0,o- Commissioned Name of Notars' Public Type of Identification Produced (Please print, tS.'pe or stampt My Commission expires: ,~-Z ~.-o.f Approx'ed as tO form and legal, sufficiency: .ELLEN T. CHADWELL Assistant Count>' Artorne.x' MAY 1 3 2003 EXHIBIT "A" The East 165 feet of Tract 116, Golden Gate Estates, Unit No. 3, according to plat thereof, recorded in Plat Book 4, Pages 77 and 78, of the Public Records of Collier County, Florida; ("Golden Gate Parcel") Parcel No. 13, ofSec6on 11, Township'49 South, Range 25 East, Public Records of Collier County, more specifically described as the South 100 feet of-the North 687.35 feet of the East ½ of the West ¥: of the NE 'A of the SW IA of Section-11, TWsp 49S, Range 25E, Collier County, Florida, LESS the West 30 feet thereof, together with an Lnm-ess and E~ess Easement over a ROW described as follows: East 60-feet of the ~v'est 195.52 feet of the North 1156.24 feet of the Wes; ~A of the iRE :A of the SW ~ of Section 11, Twsp 49S, Range 25 E, Collier County, Florida and the North 60 feet of the South 160 feet of the West 3/4 of the 1N-E IA of the SW lA and the North 60 feet of the South I60 feet of the SE lA of the SE IA of the N-W ~A of thee SW lA of Sect-ion t 1, 'fwsp 49S, Range 25E, Collier County Florida, less the West 30 feet. ("Washin~on Avenue Parcel") MAY I 3 2003 Marc L. Shapiro, - Attorney at Law April 9, 2003 SENT BY REGULAR U.S. MAIL AND FACSIMILE 239.774.0225 Ellen T. Chadwell, Esq. The Office of the Collier County Attomey Harmon Turner Building 3301 Tamiami Trail East Naples, FL 34112-4902 Re: Collier County v. Anthony J. Varan0, Jr.:'' Case No. 00-3430-CA Dear Ms. Chadwell: Please allow this correspondence to memorialize your conversation of earlier today, with my assistant, Jeff Bluestein, wherein he informed you that our offer of settlement with the county for $35,000.00 is revoked. Further, our client Anthony Varano requests that you present the Commissioners with our revised offer which shall be consistent with the draft settlement agreement dated August 21, 2001 in all regards, except that net payment to the County shall be limited to the amount of actual costs incurred by the county in attempting to enforce its code violations (e.g. reasonable attorney's fees, code enforcement costs, etc.). I also expect that that this offer will be presented to the Commissioners in conjunction with the affidavit of indigency we previously submitted on Mr. Varano's behalf atte...p...g to Finally, it was my understanding that you would be ~, *;n put this i~ , the Commissioners for a vote at the next regular Board meeting on April 22, 2003. If you are successful in this endeavor, please provide me with sufficient notice so I can make arrangements to attend and represent Mr. Varano's position. Sincerely MAY 1 3 2003 Marc g. Shapiro ,.~/~/ 720 Goodlette Road North, Suite 304 · Naples, Florida 34102 (239) 649-8050 · Fax: (239) 649-8057 EXECUTIVE SUMMARy APPROVE THE STIPULATED FINAL JUDGMENT AS TO PARCEL 909 FOR $51,000 IN COLLIER COUNTY V. JESSIE M. DURDEN, ET AL., AND PURCHASE OF REMAINDER PROPERTY (Santa Barbara Sewer Force Main Interconnect--- Projects 73132, 73150, and 73151.) FOR ADDITIONAL $214,000. (Total cost of $265,000.) ~ That the Board of County Commissioners as Governing Body of Collier County and Ex-Officio Governing Board of Collier County Water-Sewer District ("Board") approve the Joint Motion for entry of the Stipulated Final Judgment as to Parcel 909 and purchase of the remainder property in settlement of the lawsuit entitled Collier Count. v. Jessie M. Durden, et al., Case No. 02-5058-CA. CONSIDERATIONS: On December 11, 2001, the Board adopted the 2001 Wastewater Master Plan Update to establish priorities for the design, acquisition, and construction of various capital improvements projects. The Santa Barbara Sewer Force Main Interconnect Project will allow wastewater flow to be transferred between the North County Water Reclamation Facility and the South County Water Reclamation Facility. On February 25, 2003, the Board adopted the 2002 Wastewater Master Plan Update again establishing this Project as a priority capital improvement project. On September 19, 2002 the Board of County Commissioners approved the budget for the Fiscal Year 2003, which included this Santa Barbara Interconnect project. On September 24, 2002, Agenda Item 10A, the Board approved a resolution authorizing staff to acquire by condemnation the utility easements necessary for the construction of this Project. On December 12, 2002, the Office of County Attorney filed a condemnation action for the acquisition of 6 parcels for the Santa Barbara Sewer Force Main Interconnect Project. One of these parcels, identified as Parcel 909, is 180 feet by 200 feet and is being acquired in easement for the construction, operation and maintenance of a master pump station. This parcel comprises the northern 200 feet of a tract of land owned by Marvin and Ruby Crites located near the intersection of Vanderbilt Beach Road and Logan Boulevard. (see attached tax map). The proposed development of this parcel can be seen in the attached site plan (Sheet C-i). The Order of Taking hearing was scheduled for April 1 l, 2003. The County established a good faith estimate of value for Parcel 909 in the amount of $51,000 and the County must deposit this sum within twenty days of the stipulated order of taking. Prior to the Order of Taking hearing, the parties negotiated a settlement agreement whereby the Crites will accept the sum of $51,000 as full and fair compensation for the taking of Parcel 909 and agree to sell to the County the entire property (3.53 acres) for the additional sum of $214,000, inclusive of all costs incurred by the property owners in defense of the condemnation action, including attorney's fees and expert witness fees. This equates $265,000, or approximately $75,000 an acre. 1 Staff considered a number of factors in negotiating this purchase and believes this settlement to be reasonable and in the best interest of the County. These factors are as follows: 1. Total exposure in litigation, including attorney's fees and property owner's defense costs, estimated at $165,000. 2. County's costs of litigation including expert fees, court reporting fees, mediation, and the like, estimated at $20,000. 3. Fair market value of the property approximately $247,000 (per County's appraiser). 4. Ability of County to obtain fee simple interest in the pump station site as opposed to easement. 5. Potential use of the remainder property (2.7 acres) for on-site wetlands mitigation (potential cost to County to obtain off-site mitigation for project impacts ranges from $47,000 to $94,000). 6. Potential cost to County in acquiring future right-of-way for Vanderbilt Beach Road from the Crites' property (savings estimated at $7,500). Acquiring the entire tract permits the County to obtain a fee simple interest in the land to be developed as the master pump station and to utilize the remaining tract for onsite wetlands mitigation for this project. As fee owner, the County can also utilize the northern sixty feet of the site for future right-of-way needs of Vanderbilt Beach Road, thereby avoiding the need for future condemnation of that interest from the Crites. In the event that all of the remaining tract is not needed for mitigation purposes, the unused portion of the property may be surplused as a residential site and sold through the competitive bidding process set forth in s. 125.35, Fla. Stat. Should market appreciation in this area continue at an annual rate of 20%, unit values will exceed $75,000 an acre by December, 2003. Consequently, the County could expect to receive bids to purchase the property at or above this price in the event of future sale. In summary, the County could easily spend another $134,000 for the acquisition of an easement interest for its pump station (Parcel 909). Factor in the cost for the additional right-of-way needed by the County in the future and the potential cost of purchasing mitigation credits, and the total cost ranges from $188,500 to $235,500. Staff believes that acquiring the entire property is a reasonable solution and provides the County with fee simple interest for the development of the pump station site. In short, County dollars will be spent on acquiring land that can be used for mitigation, or such other purposes as the County deems appropriate, as opposed to expert costs and litigation costs. Any portion of the property that is not used can be sold as surplus property for fair market value. The proposed Stipulated Final Judgment as to Parcel 909 and Purchase Agreement art,' attached. FISCAL IMPACT_: Funds in the amount of $214,000.00 are available in the Sewer Impact Fee Fund (413). GROWTH MANAGEMENT IMPACT:. Consistent with the 2001 and 2003 Wastewater Master Plan. RECOMMENDATION:, That the Board of County Commissioners: 1. find that a public purpose exists for the acquisition of the property identified as the West 180 feet of Tract 44, Golden Gate Estates, Unit 95: 2. approve the Joint Motion and Stipulated Final Judgment and the Purchase A~reement: 3. authorize staff to prepare the closing documents for the purchase of the remainder property for approval by the Office of the County Attorney: 4. approve the expenditure of the funds as stated; 5. authorize Chairman to sign the Purchase Agreement: and 6. direct staff to record all instruments as necessary to effectuate the conveyance and the terms of the Purchase Agreement. SUBMITTED BY Date: Ellen T. Chadwell Assistant Count)' Attorney / ,/ ,-: ...~/ ~ / .- REVIEWED BY: =.. ,r~,./,~ ' c/ ,: --~2.---~ Date: Mohan Thampi, P.E., Senior Project Manager PUED ,, .% f REVIEWED BY: . --,-.--/ £ ~- 6~c~------- Date: Roy Anderson. P.E., Director PUED REVIEWED BY: Joe~heatham, Director Date: Wastewater Administration ~ Jan~es D_elony, P.E., Adminisffator (,,~~1~ Utilities Administration APPROVED BY: .~~~5_ ~~.~.~ Date: David C. Weigel County Attorney Marvin & Ruby Cfites Propertx' - Collier County. FL. SUBJECT TAX MAP i--7: . ~'" IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION BOARD OF COUNTY COMMISSIONERS, as Governing Body of COLLIER COUNTY, and as the Ex-Officio Governing Body of COLLIER COUNTY WATER-SEWER DISTRICT, Case No. 02-5058-CA Petitioner, Parcel Nos.: 909 VS. JESSIE M. DURDEN, et al Respondents. / STIPULATED FINAL JUDGMENT AS TO PARCEL 909 THIS CAUSE having come before the Court upon Joint Motion made by Petitioner. together with Respondents, MARVIN CRITES and RUBY CRITES, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 909. and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents. MARVIN CRITES and RUBY CRITES. and the Court being othem'ise fully advised in the premises thereof. it is thereupon ORDERED AND ,a DJUDGED that Respondents. MARVIN CRITES and RUBY CRITES, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Fifty-one thousand and No/100 Dollars ($51,000.00) for Parcel No. 909, as full payment for the property interests taken arid for damages resulting to the remainder, if less than the entire pr~e, Uy _w..as taken ..... business damages, and for all other damages in connection with said parcel; it is rth[~.'2~. __/_2._ .... ORDERED that no attorneys fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel No. 909; it is further ORDERED that the Clerk of this Court shall disburse the total amount of Fifty-one Thousand and No/100 Dollars ($51,000.00) to Respondents, MARVIN CRITES and RUBY CR1TES, c/o Gregory Stewart Rix, Esq, Brigham Moore, LLP, 210 Franklin Street. One Tampa City Center, Suite 3410, Tampa, Florida, 33602-5818; it is further ORDERED that disbursement to Respondents, MARVIN CR1TES and RUBY CRITES, is subject to any claims of mortgagees; it is further ORDERED that title to Parcel No. 909, a perpetual utility easement, being fully described in Exhibit "A' attached hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated April 11, 2003, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3174. Page 1466, of the Public Records of Collier County, Florida be dismissed as to Parcel No. 909: and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2003. TED BROUSSEAU Circuit Court Judge conformed copies to: Ellen T. Chadwell Gregory S. Rix, Esq. Bookkeepin~ JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 909 The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 909. Dated: Dated: GREGORY S. RIX, ESQUIRE ELLEN T. CHADWELL Florida Bar No. Florida Bar No. 0966770 210 Franklin Street Assistant County Attorney 1 Tampa City Center, Suite 3410 3301 East Tamiami Trail, 8th Floor Tampa. FL 33602-5818 Naples. Florida 34.112 (813) 318-9000 - Phone (941 ) 774-8400 - Phone (813) 318-0700 - Facsimile (941) 774-0225 - Facsimile Attorney for Respondents Attorney for Petitioner MARVIN and RUBY CRITES COLLIER COUNTY "--- SKETCH A2FD DESCi~IPTION ~~~~~E ~ST ~80' OF ~ACT ~, g~ UNIT No. 95, P~T BOOK 9, PA~ CO~R COUNt, VANDERBIL7 BEACH ROAD ~ ~o. 002 R/'W UNE ~~1 CONTAINING 36,000 S.F. o ~. (0.~ AC~ES)- 1 ~O. 0~' .= EAST ~ 50' WEST 180' ~ACT ~ACT 4~ ~ CHERR~OOD DR. -- ~ SOU~ LINE ~F ~ACT SCILS ( [~ FZZT ) [ L:cb. = 80 FL SEE SHEET 2 OF 2 ~IS IS NOT A SURVEY ~o~ 0~SCR~O~. ~EY C. COON~ AND ASSOCIAteS, INC. mR~NG ~O U~PING 3900 COLONIAL BL~., ~!~ 4, FORT PHONE: (941)2~707~ FAX: (941)2~--7179 PAR~ D~IP~ON: IOA~: &INE 3, 2002 J SC~ 1"=jO' ' ~0 ~ ,. EX~L~¥ "4" SKETCH A_AFD DESCRIPTION · ~m~~__v___ OF A UTILIT~ EASEy~ENT P~r~ )N ~E ~ST ~0' OF ~X~T ~, ~0~ ~X~ ESTX~LIO~ UNIT Nc. 95, P~T ~CK 9, PAGE ~5 C~ COUNt, ~OR~DA QESCRIP~ON: A PARCEL L~NG IN ~E ~ST 180 ~ OF ~ACT ~, OGDEN GA~ ESTA~S UNiT NO. 95, AS RECORD~ IN P~T BOCK 9, PAGE ~5, PUEUC RECORDS OF COLU~ COUNt, ~0RIOA, DESCRIE~ AS FO~O~: - 8EGINNING AT ~E ~N~SEC~ON OF ~E SOU~ RIGNT-OF-WA~ UNE 0F VAND~EILT BEACH ~OAD AND ~E ~ST UNE 0F SAI0 ~ST 180 ~ET OF ~ACT ~, RUN SOUndLY A 01STANC~ 0F 200.00 ~T ALONG ~E ~ST UNE OF SAiD ~ST 180 ~ET 0F ~ACT ~; ~C5 RUN EAS~RL~ A DIS.TANCE OF 180.00 ~ ALONG A LiNE ~AT ~UNS PARAI L~L T0 ~E SOU~ RIGNT-~-WAV UNE 0F VANOE~BILT ROAD TO ~E E~ST UNE 0F SAIC WEST 180 ~ET OF ~ACT 4~; ~'ENCE RUN NCRTNE~LY A DISTANCE 0F 200.00 ~T ALONG SAJ0 EAST LiNE T0 ~E SCU~ ~IGHT-OF--WA7 UNE OF VANOE~ILT 9E~CH ROAC; ~CE ~UN ~5~RLV A DISTANCE OF 180.00 FEET ALONG SAI0 SOU~ RiGHT-OF-WAY UNE TO ~E POINT OF BEGINNING. CONTAINING 36,000 SQUARE FEET 0R 0.83 ACRES, MORE OR LESS. SEE SHEET 1 OF' 2 FOR SKF'TCH OF DESCRtP3CN. FLORIQA.,, UC'"~NSE NC4 LS 4~76 NO. 68052. THISz~L~. DAY OF ~/7_,.--~-2C02. 2. NOT VALID WITHOUT 11HE SiGN,,TURE AND ORIGINAL RAISED / SEAL C~ A FLORIDA UCENSED SURVEYOR AND MAPP'L-".~.. THIS IS NOT A SURVEY- JEFFREY C. C'OONER AND ^SSOOA1E INC. 3900 COLONIAL BLVD., SUITE 4, FORT WYE~S, FLOEIID.A 339!2 V':. __/~--~_ PH(DNE: (941)277-0722 FAX: (94-I)277--7179 ~--~AIL~ 5'LIR~E:YING~K::DONF_R. CCla CUENT: CRrn~' H.~NS~. U_C DRAWN BY: ,,~F ~CHEC',<~n 8¥~, J.N:~v. ...... FARC~L DF~CRIPTICN: DATE.: JUNE: 3. 2002 I$CALE.: NA -' ;' .__/_ /______ ~J'rlLJ"Pf F_A_~--~NIT IN THE 'EST ,aG° CF I , _ PROJECT: Santa Barbara Force Main Interconnect Project PARCEL: 909 FOLIO: 41823400008 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ~ day of ,2003, by and between MARVIN CRITES and RUBY CRITES, husband and wife as an estate by the entireties, (hereinafter referred to as "Owner"), whose mailing address is Rt #1, 1846 State Route 15, Bryan, Ohio 43506-9633, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Owner is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as: The West 180 Feet of Tract 44, Unit 95, GOLDEN GATE ESTATES, according to the plat thereof recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida; and subject to a utility easement across the north 200 feet. WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser for the sum of $214,000.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including attorney's fees, expert witness fees and costs as provided by Chapter 73, Florida Statutes. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall pi such instruments, properly executed, to Purchaser on or before the d~!te Closing. Purchase Agreement Page 2 3. Parties agree that time is of the essence and the Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 4. Conveyance of the Property by Owner is contingent upon the entry of a Stipulated Final Judgment as to Parcel 909 in condemnation action styled Board of County Commissioners v Jessie M. Durden, et al, Case No. 02-5058-CA as attached hereto. Otherwise there are no other provisions, conditions, or premises other than those so stated herein; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 5. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. All costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for the conveyance instrument and any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing from mortgagee(s), and recording in the public records of Collier County, Florida, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property. The cost of a title commitment shall be paid by Purchaser. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assigne[i~ whenever the context so requires or admits. / AC:~:~:~;~,,.~'~ ~'~,/,~ 10. This Agreement is governed and construed in accordance with the laws of ~he Purchase Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of 2003. Date Property acquisition approved by BCC: May 13, 2003 AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E, BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk TOM HENNING, Chairman AS TO OWNER: DATED: Witness (Signature) MARVIN CRITES Name: (Print or Type) Witness (Signature) Name: (Print or Type) Witness (Signature) RUBY CRITES Name: (Print or Type) Witness (Signature) Name: (Print or Type) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION BOARD OF COUNTY COMMISSIONERS, as Governing Body of COLLIER COUNTY, and as the Ex-Officio Governing Body of COl JJER COUNTY WATER-SEWER DISTRICT, Case No. 02-5058-CA Petitioner, Parcel Nos.: 909 VS. JESSIE M. DURDEN, et al Respondents. / STIPULATED FINAL JUDGMENT AS TO PARCEL 909 TI[IS CAUSE having come before the Court upon Joint Motion made by Petitioner, together with Respondents, MARVIN CRITES and RUBY CRITES, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 909, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, MARVIN CRITES and RUBY CRITES, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, MARVIN CRITES and RUBY CRITES, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Fifty-one thousand and No/100 Dollars ($51,000.00) for Parcel No. 909, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire pr~~-~ake~; .... business damages, and for all other damages in connection with said parcel; it is fu~her ORDERED that no attorneys fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel No. 909; it is further ORDERED that the Clerk of this Court shall disburse the total amount of Fifty-one Thousand and No/100 Dollars ($51,000.00) to Respondents, MARVIN CRITES and RUBY CRITES, c/o Gregory Stewart Rix, Esq, Brigham Moore, LLP, 210 Franklin Street, One Tampa City Center, Suite 3410, Tampa, Florida, 33602-5818; it is further ORDERED that disbursement to Respondents, MARVIN CRITES and RUBY CRITES, is subject to any claims of mortgagees; it is further ORDERED that title to Parcel No. 909, a perpetual utility easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated April 11, 2003, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3174, Page 1466, of the Public Records of Collier County, Florida be dismissed as to Parcel No. 909; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2003. TED BROUSSEAU Circuit Court Judge conformed copies to: Ellen T. Chadwell ...... Gregory S. Rix, Esq. Bookkeeping JOINT MOTION FOR STIPULATED FINAL ,~UtIDGMENT AS TO PARCEL 909 The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 909. Dated: Dated: GREGORY S. RIX, ESQUIRE ELLEN T. CHADWELL Florida Bar No. Florida Bar No. 0966770 210 Franklin Street Assistant County Attorney 1 Tampa City Center, Suite 3410 3301 East Tamiami Trail, 8th Floor Tampa, FL 33602-5818 Naples, Florida 34112 (813) 318-9000 - Phone (941 ) 774-8400 - Phone (813) 318-0700 - Facsimile (941 ) 774-0225 - Facsimile Attorney for Respondents Attorney for Petitioner MARVIN and RUBY CRITES COLLIER COUNTY Fx~CUTIVE SUMMARY RECC~ND THAT THE BOARD OF C(~ COMMISSIONERS SER3FE AS T~ LOCAL COORDINATIN~ UNIT OF ~ FOR THE UNITED STATES DEPARTMENT OF JUSITCE THREE YEAR COPS UNIVERSAL HIRIN~ pRO~RAM 2003 GRANT. .-- To seek appointment of the Collier County Cor~mission as the coordinating unit for the United States Department of Justice three year COPS Universal Hiring Program grant. CONSIDERATION= 1. The Collier County Commission has participated in the COPS Universal Hiring Program (UHP) grants since 1995. 2. The COPS UHP awards have supported 85 new Sheriff's Office certified law enforcement officers. 3. Fourteen certified law enforcement officers are needed to meet Collier County's growing public safety needs. The following positions will be added as a result of hiring fourteen new law enforcement officers: two Fugitive Warrants Bureau Officers, two Civil Process Bureau Officers, two Bailiff Bureau Officers, and eight Criminal Investigation Division Investigators. 4. The Sheriff's Office will seek a UHP 2003 grant to fill the fourteen positions. 5. Over a three year period COPS In Schools awards $75,000 for each position. $1,050,000 is being sought to support the fourteen positions. 6. Board approval is needed for the Collier County Commission to continue in the capacity of local coordinator, to apply for COPS UHP 2003 grant funds for fourteen new certified law enforcement positions, to approve an increase of fourteen sworn law enforcement positions upon award of the COPS UHP grant, endorse additional COPS UHP funding request documents, authorize acceptance of the award document, and approve applicable budget amendments. FISCAL IMPACT: The local grant match for three years is $2,652,600 affecting fiscal years 2006, 2007, and 2008 per attached Exhibit "A". Subsequent funding will be requested as part of the Sheriff's Officer operating budget. GROWTH MANAGEMENT: Ail subsequent year funding will be indicated as a part of the Sheriff's Office annual budget submissions. If the grant funds are terminated or other grant funding is not available at the end of the grant period, future payroll costs will either be absorbed through vacancies arising due to normal attrition, or approval for funding or reallocation of any positions will be requested from the Board. ~tECO~/TDATION: That the Collier County Commission agree to continue to be the local coordinator, to apply for COPS UHP 2003 grant funds for fourteen new certified law enforcement officers, to approve an increase of fourteen sworn law enforcement positions upon award of the COPS UHP 2003 grant, endorse additional COPS UHP 2003 funding request documents, authorize acceptance of the award document, and approve applicable budget amendments. EXHIBIT "A" ~. universal Hirina Program 2003 FISCAL & LOCAL SHARE BY FISCAL YEAK FISCAL FEDERAL LOCAL YEAR PORTION MATCH TOTAL 2005-06 $862,400 $695,400 $1,557,800 2006-07 $187,600 $866,200 $1,053,800 2007-08 $0 $1,091,000 $1,091,000 $1,050,000 $2,652,600 $3,702,600 Note: Positions are expected to be filled in fiscal year 2005/2006. The local match includes costs over a three year period for: payroll exceeding $1,050,000, miscellaneous expenses, and fully equipped vehicles for fourteen new certified officers. ~Y~CUTIVE SUMMARY RECOMMEND THAT THE BOA.RD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATIN~ UNIT OF ~OVERNMENT FOR THE UNITED STATES DEPARTMENT OF JUSTICE COPS HOMELAND SECURITY OVERTIME PROGRAM 2003 GRANT ...... To seek appointment of the Collier County Commission as the coordinating unit for local application for the united States Department of Justice COPS Homeland Security Overtime Program 2003 grant. CONSIDERATIONs 1. The Collier County Commission has participated in the COPS grant programs since 1995. The 2. The COPS programs have proven to be a valuable in Collier County. successful Sheriff's office COPS programs include COPS To Combat Domestic Violence, 85 universal Hiring Program new law enforcement positions, 35 COPS In Schools new School Resource Officer positions, COPS More hiring (nine civilian positions), and technologY grants (mobile data computers and booking system equipment). 3. The United States Department of Justice announced the availability of COPS grant funds to support overtime costs related to Homeland Security efforts. 4. Since September 11, 2001 and the orange high-risk alert, the elevated security level change has resulted in increased local homeland security overtime costs. The negative impact to manage available manpower for law enforcement services including critical site checks has been exacerbated by losses due to reservist and National Guard call-ups. These activities are currently funded by overtime. 5. A COPS Homeland Security Overtime Program grant would help offset the cost of overtime due to added duties. 6. Federal funds in the amount of $555,600 is being sought to support overtime costs. 7. Board approval is needed for the Collier County Commission to serve in the capacity of COPS Homeland Security Overtime Program 2003 local coordinator, to apply for COPS Homeland Security Overtime Program 2003 grant funds, to approve overtime for the purpose of Homeland Security costs upon award of the COPS Homeland Security Overtime Program 2003 grant, endorse additional COPS Homeland Security Overtime Program 2003 funding request documents, authorize acceptance of the award document, and approve applicable budget amendments. FISCAL IMPACT: At this time there is no required local match for this one year grant program. GROWTH MANAGEMENT: None. _RECOMMENDATION: That the Collier County Commission agree to be the local coordinator, to apply for COPS Homeland Security Program 2003 grant funds, to approve overtime for the purpose of Homeland Security costs upon award of the COPS Homeland Security Overtime Program 2003 grant, endorse additional COPS Homeland Security Overtime Program 2003 funding request documents, authorize acceptance of the award document, and approve applicable budget amendments. ~~ '~ i ~ z e'i~l Fi~a Di~ectqr~ APPROVED BY: Don'-Hunter, S~er ff DATE: April 14, 20/12 . · / F.~]ZCUTIV~ SUHHARY P~ECOMM~ND THAT THE BOndeD OF CO~Y C0~ISSIO~RS SER~ ~ T~ LO~ COO~Z~TZN~ ~ZT OF ~,~~ FOR ~ ~ITED STATES DEP~~ OF ~STICE T~ ~ COPS IN SCH~LS 2003 To seek aDpointment of the Collier County Co~ission as the coordinating unit for local application for the United States De9artment of Justice three year COPS In Schools 2003 grant. ~ONST~TION= 1. The Collier County Co~ission has participated in the COPS In Schools grant programs for four years. 2. The COPS In Schools program has proven to be a valuable project that provides 35 School Resource officer (SRO) positions in primary and secondary schools in Collier County. 3. Continued Collier County growth necessitates the construction of additional schools. Throughout this e~ansion the Sheriff's Office will sustain its partnership with Collier County Schools to use SROs and co--unity policing strategies to prevent school violence and implement educational programs to improve student and school safety. With a COPS In Schools 2003 grant award, the CCSO will be able to have two SROs and one Narcotics SRO in each high school and one SRO in each middle and elementary school. 4. To meet Uhis objective the Sheriff's 0f~ice will seek a fi~th COPS In School grant to fill seven SRO positions. 5. Over a three year period COPS In Schools awards $125,000 ~or each SRO position. $875,000 is being sought to support the seven positions. 6. Board approval is needed for the Collier County Co~ission to continue in the capacity of local coordinator, to apply ~or COPS In Schools ~003 granU funds ~or seven SROs, ~o approve an increase of seven sworn law enforcement positions upon ~ award of the COPS In Schools grant, endorse addiuional COPS In Schools ~unding re,est documents, authorize acceptance of the awar~ doc~ent, and approve applicable budget amen~ents. FIS~ IMPACT: The local grant match for three years is $976,300 affecting fiscal years 2006, 2007, and 2008 per attached Exhibit "A". Subsequent ~unding will be re~ested as part of the Sheriff's Officer operating budget. ~RO~H~G~ Ail subsequent year ~unding will be indicated as a part o~ the Sheriff's O~fice annual budget submissions. If the grant funds are terminaued or o~her grant funding is not available at the end of the grant period, ~uture payroll costs will either be absorbed through vacancies arising due to normal autri~ion, or approval for funding or reallocation o~ any positions will be requested ~rom the Board. ~CO~ATION: That the Collier County Co~ission agree to continue to be the local coordinator, to apply for COPS In Schools ~003 grant funds for seven SROs, to approve an increase of ~even sworn law enforcement positions upon award of the COPS In Schools grant, endorse additional COPS In Schoo, s funding re~est doc~ents, authorize acceptance of the award doc~ent, and aDprove applicable budget amen~ents. C~ys~al{~K. Kin~el, PinancePDirecuo ~PRO~D BY: ' Don ~nter, S~eriff ~ ~ / COPS. in Schools Program FISCAL & LOCAL SHARE BY FISCAL YEAR FISCAL FEDERAL LOCAL YEAR PORTION MATCH TOTAL 2005-06 $431,200 $347,700 $778,900 2006-07 $443,800 $ 83,100 $526,900 2007-08 $0 $545,500 $545,500 $875,000 $976,300 $1,851,300 Note: Positions are expected to be filled in fiscal year 2005/2006. The local match includes costs over a three year period for: payroll exceeding $875,000, miscellaneous expenses, and fully equipped vehicles for seven new certified officers. jh/xsCISO3cu~3 ~ ,..~[ EXEOJT/VE SUMMARY REG:~UEST THAT THE BO: AUTHOla~E EXPENDZTURE OF AVA.TLABLE FUNDS FOR THE PURCHASE OF 800 MHz PORTABLE RADZOS FOR THE SHERZFF'S Of:FTC'E. OB3ECTZVE: To obtain c~thorization for expenditure of funds for the purchase of 800 MHz portable radios. CONSZDERATZONS'. The Sheriff's Office has funds available for the purchase of portable radios. Additional radios are needed due to .Tail expansion and officer safety. The Sheriff's Office is requesting that the Board authorize the expenditure of funds for the purchase of the 800 MHz radios. FZSCAL ZMPACT: There are funds available in the General Fund supported Capital [mprovement Fund (301)Project 530201, Commun±cat±ons Equ±pment ±n the amount of $296,000. GROWTH IMPACT: None. RECOMMENDATZON: That the Board of County Commissioners approve the purchase of one hundred six(106), 800 MHz portable radios. ' REQUESTED BY: \ ~, ~c~.s ~,~ ' ' nager REVIEWED BY: ~ ~l~i~th,/Chief~of Corrections "~"~.~_~er, Sheriff DATE: April 30, 2003 05t~6/20~ iq: 52 941-793-9597 SHERIFF'S FINANCE P~GE 01 Collier County Sheriff's Office ; FINANCE DIVISION _ 3301 Tamiami Trail East, Bldg. J Naples, Florida 34112-4902 (239) 793-9375, Office (239) 793-9405, Fax Date: T ''-'~ ~ '-~ Company / Agency: ~/~.. ~ Fax Number: mhoneNumber: '-~~ - ~-'~ 7 Fax Number: Number of Pages (including ~2 c34]-7~93-c9597 SHERI~-F ' S FINANCE PaGE INTE A TIONAL, INC. 3;01 T~ Ir~ ~ ~. j ~: ~3.9~ ~: ~y I, ~3 ~X LP~2~, SC~, eXOVOIC$ S2,0~ 25 $~, 127. ~PL~X PROSC~ $225.00 $28,350 ~ ~3R 8~ SYS~ROLT ~HCTJ ~R ~E W,~T ~P/S~L Ss, ~H~ DESK TOP ~ C~ $15,611.2~: V2-10~ 0~0 SP~R ~ ~O ~R PORT $16~856.53 Vl. IO282 EA~O~ ~ FOR gP~R ~C $379~ l ISH~PrNG AND HA.NDLL-~O $300 0¢ N/C ,,. ~1 or~_o ~. mE~t to ~epin~ &~!i~ ch~ .__ p~ ~ ~ T~ Wfi~ ........................ Ttt~ D~ Sa~s ~et ; ,'- . ~ p-- ~fo, 30 DAYS ~ ~B) ,, , _ ..... EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "TREASURE POINT", 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 "Treasure Point", a subdivision of lands located in Section 19 Township 50 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 "Treasure Point" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail 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 "Treasure Point" be approved for recording. FISCAL IMPACT: The project cost is $180,630.96 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer $ 56,150.00 b) Drainage, Paving, Grading - $124,480.96 The Security amount, equal to 110% of the project cost, is S198,694.06 MAY 1 3 2003 Executive Summary Treasure Point 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: $3,434.07 Fees are based on a construction estimate of $180,630.96 and were paid in September, 2002. The breakdown is as follows: a) Plat Review Fee ($500.00 + $5./ac)- $ 530.00 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 280.75 Drainage, Paving, Grading (.42% const, est.)- $ 522.82 c) Construction Inspection Fee Water & Sewer (1 5% cons~ est ~ $ 482 2~ Drainage, Paving, Grading (!.3% const, est.) $1618.25 GROWTH MAi~AGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HiSTORICAL/ARCHEOLOGICAL IMPACT: There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECONMENDATION: Approval PLANNING SERVICES STAFF RECOM]4ENDATION: That the Board of County Commissioners approve the Final Plat of ,,Treasure Point" for recording with the following stipulations: 1. Approve the amount of $198,694.06 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. MAY 1 3 2003 Executive Summary Treasure Point 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: ~worth, Senior Engineer Dat~ Engineering Review REVIEWED BY: . . Engineering Review Director, County Engineer APPROVED BY: ..... x' .,--d/~.~/,'..x. ~o/seph K.;/Schmitt / Administrator /'C~mmuniSy Developmen5 & Environmental Services MAY 1 3 2003 EXECUTIVE SUMMARY_ CONSIDER APPROVAL OF A CONTRACT AMENDMENT IN THE AMOUNT OF $12,500.00 FOR PROFESSIONAL CONSULTANT SERVICES FROM THE GAlL EASLEY COMPANY FOR SERVICES RELATED TO THE REVISION OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC). OBJECTIVE: To obtain the Board's approval of a contract amendment in the amount of $12,500.00 for further revisions to the Land Development Code (LDC). CONSIDERATIONS: On April 23, 2002, the Board approved Agenda Item No. (16) (A) 1, under Contract Number 02-3293. As part of providing those services, staff and the consultant discovered that the degree of expected variation among specific uses is much greater than expected. As a result, a more detailed analysis of the varied uses is required in order to reduce the overall number of similar uses permitted by the LDC. A copy of the proposed scope of services contemplated as part of the amendment to Contract Number 02-3293 is attached as Exhibit "A," which has already been reviewed and'approved by the Office of the County Attorney. FISCAL IMPACT;. Funds in the amount of $12,500 are available from Fund 111. GROWTH MANAGEMENT IMPACT: No foreseeable impacts are anticipated unless ~,..-- subsequently proposed LDC amendments would require a comprehensive plan amendment in order to implement them. This project will enhance an LDC user's ability to determine consistency with the Growth Management Plan. RECOMMENDATION;, That the Board of County Commissioners: (1) approve the proposed amendment to the existing contract in the amount of $12,500.00 for professional services to be provided by The Gall Easley Company, and (2) authorize the amendment. to sign the attached, contract Chairman of th y..e~o.~~~ ~~ Patrick G. White, Assistant County Attorney BY' ~ D ate: '~'¢///~ -''2' REVIEWED '/' j~~ch~mitt, Adr~inistrator /community Dev.:lopment & Environmental Services. REVlEWEDBY: ~ ,('~, '~'~~ Date: Stev(~n Y. Ca, nell, Director Purchasing/General Services Department APPROVED BY: Date: i MAY I ,~ 2003 James V. Mudd, County Manager EX]ti]lIT A -1 Contract Amendment 02-3293 "Consultant Services for Update of Collier County Land Development Code (LDC)' This amendment, dated April 28, 2003, to the referenced agreement shall be by and between the parties to the original agreement, The Gall Easley Company, (to be referred to as "Consultant") __ and Collier County, Florida, (to be referred to as "Owner"). - Statement of Understanding RE: Contract #02-3293 "Consultant Services for Update of Collier County Land Development Code (LDC)" The following change to the above referenced agreement has been mutually agreed to by the Consultant and the County: Additional services to be provided are as follows: Task 1. Prepare Proposed Land Use Groups The consultant will prepare proposed land use groups for use in assigning land uses to zoning districts. The description of land uses will include the characteristics of the group of uses, in sufficient detail to allow administrative interpretation of the assignment of newly identified uses to an appropriate group. The description will also include illustrative examples of land uses within each land use group, as a means of clearly understanding the purpose and characteristics of the group of uses. Task 2. Analyze the GIVIp, The consultant will complete the following subtasks to determine the consistency of the proposed land use groups with the GMP. a. Future land use categories in the GMP will be analyzed in terns of the types of uses allowed, the intensity and other characteristics of the uses, and the relationship between the future land use categories in the GMP and the proposed land use groups for the Unified Development Code (LrDC). b. Objectives and policies in all relative elements of the GMP will be analyzed to determine their application to land development and land use. The analysis will be conducted to determine consistency between the objectives and policies and the proposed land use groups for the UDC. c. The consultant will prepare a white paper to document findings and results of the analysis. d. The consultant will assist County staff in making assi~cmments of the new land use groups to the zoning districts. Task 3: Modify Proposed Laud Use Grouk_s ~rte consultant will prepare revisions to the proposed land use groups to address any inconsistencies identified in Task 2 above. Admini.irative Requirements: Meetings and Workshops: The Consultant will meet with County staff in two workshop sessions to present the proposed land use groups, present the white paper on GMP consistency, present proposed assignment to zoning districts, and develop the final draft of the land use groups for BOCC workshop. One workshop each will be held with the Planning Commission and B4 County Commissioners to present the concept, b~A¥ 1 3 2003 Deliverables: 1. First draft of proposed land use groups (descriptions and definitions) 2. White paper documenting the GiMP analysis- 3. Proposed land use assignments to zoning districts (table) 4. Final draf/of proposed land use groups -- 5. Four trips for staff workshops,.Planning Commission workshop and BOCC workshop. Schedule: The Consultant shall complete the services under this Amendment as listed within ninety (90) days upon receipt of the fully executed Amendment. Compensation: The Consultant shall be paid a lump sum amount totaling $12,500.00 for these additional tasks and work products, including travel and expenses. All other terms and conditions of the agreement shall remain in force. EN WITNESS WFrF, REOF, the Consultant and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. Approved as to form and The Gail/~asley Company Robert N. Z6char~.' AssistantCoun.tyAttomey V. G~l ~ct~, Typed Sigm(ture and Title BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR/DA By: TOM HENNING,CHAIRMAN ATTEST: DWIGHT BROCK CORPORATE SEAL '~. (corporations only) MAY 132003 REQUEST TO GRANT FINAL ACCEPTANCE OF THE WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF .ISLAND~%LK PHASE FIVE-A" OBJECTIVE: To grant final acc(~ptance of the infrastructure improvements associated with that subdivision known as "Islandwalk Phase Five-A" CONSIDERATIONS: 1. On June 21, 2001, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Islandwalk Phase Five-A". 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 documen% 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 I~EMENT IMPACT: None Executive Summary Islandwalk Phase Five-A Page 2 RE COM~4ENDAT I ON: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in ,,Islandwalk Phase Five-A" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. H0ul~w~rth, Engineer Date Engineering Review REVIEWED BY: Date Thomas E. Kuck, P.E. Engineering Review Director / County Engineer APPROVED BY: Comm~ty De NAY 1 3 2003 RESOLUTION NO. 03- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN ISLANDWALK PHASE FIVE - "A", RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE-- RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER '- IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ." ]:':.'/ '~' ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on _ :~.._-. ': .- October 10, 2000 approved the plat of Islandwalk Phase Five "A" 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 Sen'ices has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Islandwalk Phase Five "A", and authorize the Clerk to release the maintenance :~.~,.urity. BE II FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Islandwalk homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: BOARD OF COUNTY COMMISSIONERS ATTESI: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: TOM HENNING, CHAIRMAN Approved as to form and legal Patrick ~. {,¥hite AC~r..NOA ['~M ~, Assistant Collier County Attorney NO. ]/~ MAY 1 3 2003 EQUEST TO GRANT FINAL ACCEPTANCE OF THE WATER AND SEWER IMPROVEMENTS THE FINAL PLAT OF "ISLP.ND~LK TOWNCENTER" OBJECTIVE: TO grant final acceptance of the infrastructure improvements associated with that subdivision known as "Islandwalk Towncenter" CONSIDERATIONS: 1. On March 21, 2001, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Islandwalk Towncenter". 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. GRO~TTH ~AG~ II~PACT: Th~re is no growth management impact. Executive Summary ~slandwalk Towncenter Page 2 RECOMMENDATION' That the Board of County Commissioners grant final acceptance the roadway, drainage, water and sewer improvements in 'Islandwalk Towncenter' and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security, PREPARED BY' John R. Houl~sworth~ Senior Engineer Date Engineering Review Da~e Thomas E. Kuck~ P,E, Engineering Review Director / County Engineer APPROVED BY' · 3osg~h K. Schmitt, Administrator Date Community Dev, and Environmental Svcs. HAY 1 3 2003 RESOLUTION NO. 03- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN ISLANDWALK TOWNCENTER, 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 ISLANDWALK HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier Count)', Florida. on November 23, 1999 approved the plat of Islandwalk Towncenter lbr recording; and WHEREAS, the Developer has constructed and maintained the roadway. drainage, and water and sewer improvements in accordance with the approved plans a~d specifications and as required by the Land Development Code (Collier Count)' Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 01-57); 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 Sen'ices Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Islandwalk Towncenter, 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 lslandwalk Homeowner's · _x Association. . x. This Resolutien adopted after motion, second and majority vote favoring same. :' -- ·' ' DATE: BOARD OF COUNTY COMMISSIONERS · 7 . ATTEST: COLLIER COUNTY, FLORIDA : . . DWIGHT E. BROCK, CLERK TOM HENNING, CHAIRMAN ~Appr,~ved as~to form and legal Assistant Collier County Attorney EXECUTIVE SU~Y FIN/~L ACCEPTANCE OF ~TER UTILITY FACILITIES FOR GALLEPJ~ AT %rANDERBILT 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 Galleria at Vanderbilt has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Co~m~unity Development and Environmental Services staff on September 5, 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 Utilities Performance Bond 3983218, in the amount of $9,366.00, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. 7) Water Facilities have been reviewed by Roy Anderson of Public Utilities. He has approved Executive Sugary for Final Acceptance via email dated April 8, 2003. FISC2tL I/~PACT: 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. 1 Executive Summary Galleria at Vanderbilt Page Two C~OWTH ~%NA_ _~~ I/~PACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. P~CO~EITDATION: The Community Development and Environmental Services Division Administrator recoramends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Galleria at Vanderbilt, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: uate Sherry ~aton, Engineering Technician Engineering Services REVIEWED BY: ~-- ' Date Thomas E. Kuck, P.E. Engineering Services Director/County Engineer APPROVED BY: '/" istrator ~at6 /~mm~nity Development And Environmental Services attachments MAY 1 3 2003 ,i~im LEGAL DESCRIPTION: Section 35, Township 48, Range 25, Galleria At Vanderbilt, formerly Parcel 6 and 8 UTILITIES PERFORMANCE BOND BOND NUMBER 3 98 32 18 KNOW ALL PERSONS BY THESE PRESENTS: that Colony Corporate Centre, Inc. (hereinafter referred to as "Owner") and Great American Alliance Insurance Company (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida (hereinafter referred to as "County") in the total aggregate sum of Nine thousand three hundred sixty-six & 001100 Dollars ($9,366.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner entered into a certain Utilities Facilities Construction Contracts, dated August, 2000, a copy of which is hereto attached and made a part hereof;, and WHEREAS the County has a material interest in the performance of said Contract; and WHEREAS the County has adopted Ordinances and Resolutions (hereinafter "Land Development Regulations") concerning the Owner's obligations to the County regarding the construction, conveyance and warranty of water and sewer facilities constructed within the area of Collier County, Florida; NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties to the County under said Land Development Regulations and all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the guaranty period established by the County, and thereafter, and if the Owner shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extensior of time, alteration or addition to the terms of the Contract or to work to be performed thereunder or the specifications accompanying same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition to the terms of the Contract or to the work or to the specifications. THIS BOND shall become effective as of the date written below, and remain in force and effect for a period of one (1) year from the issuance by the County of the preliminary acceptance to the Owner. IN WITNESS WHEREOF, the parties hereto have caused this UTILITIES PERFORMANCE BOND to be executed this 16th day of April, 2001. Colony Corporate Centre, Inc. - Owner By. ~ ° al By R ~?da Resident Agen~ .W. Burney - Atto ~-F~' ' / ITEM HAY 1 3 21 3 GREAT AMERICAN ALLIANCE INSURANCE COMPANY* No. 16512 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN ALLIANCE INSURANCE COMPANY, a coq~oration organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or pe~ons named below its true and lawful attomey-imfact, for it and in its name, place and stead to execute in behalf of the said Company, as surely, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof;, for all obligees including any and all consents required by the Department of Transportation, State of Florida, incident to the release of retained percentages and, or final estimates; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. NAME ADDRESS LIMIT OF POWER R.W. BURNLEY ALL OF UNLIMITfD B. P}a~/~S FT. MEYERS, FLOB_IDA ~ CEN'I'~Rn',TA $250,000 This Power of Attorney revokes all previous powem issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN ALLIANCE INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 7~. day of Ha~'ch , 2001 Attest: GREAT AMERICAN ALLIANCE INSURANCE COMPANY OOUGLA.~ R. BOWEN (513-369-3811) STATE OF OHIO, COUNTY OF HAMILTON;ss: On this 7t~ day of [~.rch, 2001 , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Alliance Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authonty ot his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the folk)wing resolutions adopted by the Board of Directors of Great Amedcan Alliance Insurance Company by unanimous written consent dated July 12, 1995. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-In-Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. ~ ;ESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great Amedcan Alliance Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of July 12, 1995 have not been revoked and are now in full force and effect. Signed and sealed this 16Th dayof Apri I, 2001 , I 3 2003 F9a3~ 12JO0)~ ........... EXECUTIVE S~0-1~Y FINAL ACCEPTANCE OF WATER AND SEWER UTILITY FACILITIES FOR COUNTRYSIDE COMMONS, PHASE ONE 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 and sewer facilities. CONSIDERATIONS: 1) The Developer of Countryside Commons, Phase One, 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 September 6, 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 a Cash Bond in the amount of $3,372.50, 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 Sununary for Final Acceptance via ~mail dated April 8, 2003. FISCA~ IMPACT: 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. ]3 2003 Executive Summary Countryside Commons, Phase One Page Two GRO~FfH ~NT IMPACT: This project has been connected to the County Regional Water T~eatment 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 Countryside Commons, Phase One, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: She~~,-Engineering Technician Engineering Services REVIEWED BY: Thoma~['~56~, P.E. Engineering Services Director/County Engineer APPROVED BY: ~os~ph K. Schmitt, Ach{inistrator Date ho~ununity Development And Environmental Services '~/ attachments Pl-_ 0 U MAY 1 3 2003 _ Official Receipt- Collier County Board of County Commissioners CDPR1103 - Official Receipt ~ Date ~br __~ ~Trans Number ~ 1-~6~1 ]MS 86718 I. 2--~-~'0~ 106/26/2001 1:02:31 PM COUNTRYSIDE COMMONS COUNTRYSIDE COMMONS Payor' COUNTRYSIDE COMMONS Fee Information I Fee Code [ Descdption ,GL Account I Am°unt t Waived 12BOND DEPOSITS-COMM DEV (CASH BOND~)67000000022011300000 $3372.50 Total $3372.50 Payments Payment Code Account/Check Number I Amount $3372.501 CHECK 33539 Total Cash $0.00 t Total Non-Cash $3372.50 Total Paid I $3372.50 [ Memo: Cashier/location: CORZO_M / 1 User: NIX_S ~AY 1 3 21~3 L Collier County Board of County Commissioners Printed:06/26/2001 1:03:02 PM CD-Plus for Windows 95/NT EXECUTIVE SUMMARY APPROVAL OF THE SATISFACTION OF LIEN FOR CODE ENFORCEMENT BOARD CASE NO.'S: 2001-076; 2001-082; 2002-012 AND IM2001-001 ~ To approve and authorize the Satisfaction of Lien in Code Enforcement Board in the following cases listed below: 1. 2001-076 styled Board of County Commissioners vs. Charles H. Goings 2. 2001-082 styled Board of County Commissioners vs. Bonnie L. Harrod 3. 2002-012styled Board of County Commissioners vs. David and Zenaida Falato 4. IM2001-01 styled Board of County Commissioners vs. Anna Rosa Avalos CONSIDERATION:. All requirements have been met in the below styled cases and Satisfaction of Liens are in order for the following: 1. 2001-076; On September 27, 2001 a public hearing was heard before the Code Enforcement Board regarding violation of Section 2.4.3.6 and 2.4.3.7 of Ordinance No. 91-102, as amended, the Collier County Land Development Code. An Order Imposing Fines/Costs in the amount of Nine Thousand Five Hundred Twenty Nine Dollars and Eighty Cents ($9529.80) for the costs incurred in the prosecution of this case and operational costs incurred in this case was approved by the Code Enforcement Board on July 25, 2002. Said Lien was recorded in Official Record Book 3087 Page 2027 through 2032 and re-recorded in Official Record Book 3087 Page 2039 through Page 2044 in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of February 20, 2003 indicating compliance with the Order of the Code Enforcement Board. On March 11, 2003 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. 2. 2001-082; On November 29, 2001 a public hearing was heard before the Code Enforcement Board regarding violation of Section 1.5.6 of Ordinance No. 91-102, as amended, the Collier County Land Development Code and Section 4a of Ordinance No. 93-64, the Collier County Right of Way Ordinance, and Sections 6, 7, 8, the Collier County Weeds and Litter Ordinance. An Order Imposing Fines/Costs in the amount of Nine Thousand Eight Hundred Fifty Four Dollars and Seventy Cents ($9854.70) for the costs incurred in the prosecution of this case and the operational costs incurred in this case was approved by the Code Enforcement Board on April 3, 2002. Said Lien was recorded in Official Record Book 3012 Page 2962 through 2968 and re-recorded in Official Record Book 3012 Page 3086 through 3092 in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of June 19, 2002 indicating compliance with the Order of the Code Enforcement Board. On February 12, 2003 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. 3. 2002-012; On June 27, 2002 a public hearing was heard before the Code Enforcement Board regarding violation of Section 5, paragraphs 12 b, 12 c, and 12 i of Ordinance No. 89-06, as amended by Ordinance No. 2002-05, Section One, 22-263 of the Collier County Land Development Code. An Order Imposing Fines/Costs in the amount of Five Thousand Sixty Four ..,_. Dollars and Seventy Five Cents ($5064.75) for the costs incurred in the prosecution of this( [~ ~o.~~ and the fnes and operational costs incurred in this case was approved by the Code Enforcen mt 53 Board on October 2, 2002. Said Lien was recorded in Official Record Book 3125 Page 2 through 2359 and re-recorded in Official Record Book 3125 Page 2447 through 2453 in [he Public Records of Collier County Florida.. An Affidavit of Compliance has been filed beating the MAY 1 3 200 date of August 26, 2002 indicating compliance with the Order of the Code Enforcement Board. On December 16, 2002, Respondents requested from the Cod Enforcement Board a reduction or abatement of their fines. The Code Enforcement Board having heard testimony of the Respondents and considering the gravity of the violation, the actions taken by the Respondents to correct the violation, whether there were any previous violations, reasonable time to correct violation, the cost upon Respondents to abate violation, the valure of the real estate, any hardships the fine/lien may cause, time and cost incurred by Code Enforcement and any other equitable factors reduced the fine/lien amount of $3750.00 by fifty percent to $1875.00. The operational costs were not reduced or abated. The total amount owed by the Respondents after the reduction is Two Thousand One Hundred Eighty Nine Dollars and Seventy Nine Cents ($2189.79). Said Order on Respondents' Request for Reduction of Fines/Lien was recorded in Official Record Book 3188 Page 0241 through 0242 in the Public Records of Collier County, Florida. On March 20, 2003 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. 4. IM2001-001; On November 29, 2001 a public hearing was heard before the Code Enforcement Board regarding violation of Section 2.7.61, 2.1.15, 2.2.3.2.1 and 2.2.3.2.2 of Ordinance No. 91-102 as amended of the Collier County Land Development Code. An Order Imposing Fines/Costs in the amount of Five Hundred Forty Two Dollars and Seventy Cents ($542.70) for the costs incurred in the prosecution of this case and the operational costs incurred in this case was approved by the Code Enforcement Board on April 25, 2002. The violation had been abated before fines began to accrue and therefore only operational costs were imposed. Said Lien was recorded in the Official Records Book 3032 Page 0599 through 0603 and re-recorded in Official Record Book 3032 Page 0634 through 0638 in the Public Records of Collier County, Florida. An Affidavit of Compliance has been filed bearing the date of November 29, 2001 indicating compliance with the Order of the Code Enforcement Board. On March 3 l, 2003 the lien amount was paid in full. Therefore a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Twenty Eight Dollars ($28.00) ($7.00 x 4 Satisfaction of Liens). This cost will be paid by Code Enforcement l ! 1-138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Liens in the above referenced causes and authorize its execution and recordation in the Public Records of Collier County, Florida. / PREPARED BY: %"'~-,.~'L'-" Date: q 1t/ 0~ Shanelle Hilton BY: ZC73 Ii"/ Ja~e~, Operations Manager SUBMITTED BY: -~-~ Date: ~t .2./' Michelle Arnold, Code. J~nforcement Director APPROVED BY: ~-~~~~ Date: ~f//~//~-~ .... MAY 1 3 21113 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Nine Thousand Five Hundred and Twenty Nine Dollars and Eighty Cents ($9,529.80), arising out of the Code Enforcement Board Order Imposing Fine/Costs/Lien dated July 25, 2002 recorded in O.R. Book 3087 Page 2027 through 2032, and re-recorded in O.R. Book 3087, Page 2039 through 2044, of the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by Charles H. Goings has been satisfied in full. Lot 13, Block 39, Unit No. 3, NAPLES PARK, Unit No. 3, according to the Plat thereof in Plat Book 3, Page 5, of the Public Records of Collier County, Florida. Folio No. 62648840000 The undersigned is authorized to and does hereby release this lien as to tile whole of the above-described real property, and all other real and personal property owned by Charles H. Goings and consents to this lien being discharged of record. Dated this day of ,2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORiDA By: , Deputy Clerk TOM I-~NNING, Chairman Approved as to form ,~legai sufficiqncy: ,.~lJn T. ~hadweil Assistant County Attorney MAT 1 3 2003 This instrument prepared by: Janet Po~ers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples. Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Nine Thousand Eight Hundred and Fifty Four Dollars and Seventy Cents ($9,854.70), arising out of the Code Enforcement Board Order Imposing Fine/Costs/Lien dated March 28, 2002 recorded in O.R. Book 3012 Page 2962 through 2968, and re-recorded in O.R. Book 3012, Page 3086 through 3092, of the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by Bonnie L. Harrod has been satisfied in full. Lots 1 and 2, Block 29, NAPLES PARK, Unit No. 3, according to the Plat thereof in Plat Book 3, Page 5, Public Records of Collier County, Florida. Folio No. 62636600003 The undersigned is authorized to and does hereby release this lien as to the ~vhole of the above-described real property, and all other real and personal property owned by Bonnie L. Harrod and consents to this lien being discharged of record. Dated this da.,,' of ,2003. ATTEST: BOARD OF COUNTY CON~'IISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORiDA By: , Deputy Clerk TOM HENNING, Chairman Approved as to form A~.,ff.~e gal su~ficien, d~y "~llen T. Chadwell Assistant County Attorney MAY 13 2003 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Two Thousand One Hundred Eighty Nine Dollars and Seventy Nine Cents ($2,189.79), arising out of the Code Enforcement Board Order on Respondents' Request for Reduction of Fines/Lien dated December 16, 2002, wherein the Code Enforcement Board reduced the fine amount of Three Thousand Seven Hundred and Fifty Dollars by fifty percent ($3,750.00) as recorded in O.R. Book 3188, Page 0241 through 0242, of the Public Records of Collier County, Florida, and the Order Imposing Fine/Lien dated June 27, 2002 recorded in O.R. Book 3125 Page 2353 through 2359, and re-recorded in O.R. Book 3125, Pages 2447 through 2453, in the Public Records of Collier County, Florida against the following described real property, and all other real and personal properly, located in Collier County, v,'hich is ovYned by David and Zenaida Falato has been satisfied in full. Lots 11 and 12, Block 2. of TRAIL ACRES, according to the plat thereof, recorded in Plat Book 3. Page 50, of the Public Records of Collier County. Florida. Folio No. 0077210680007 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property o,,~,ned by David and Zenaida Falato and consents to this lien being discharged of record. Dated this day of ., 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: , Deputy Clerk TOM H]ENNING, Chairman Approved as to form Ang',jlegal sufficienc,,y: Assistant County Attorney MAY 1 3 2003 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Five Hundred and Forty Two Dollars and Seventy Cents ($542.70), arising out of the Code Enforcement Board Order Imposing Fine/Costs/Lien dated April 25, 2002 recorded in O.R. Book 3032 Page 0599 through 0603, and m-recorded in O.R. Book 3032, Pages 0634 through 0638, of the Public Records of Collier County, Florida against the following described real property, and all other real and personal properly, located in Collier County, which is owned by Anna Rosa Avalos has been satisfied in full. The North 340 feet of the East 435 feet of the Northeast Quarter of the Southeast Quarter of Section 9, Township 47 South, Range 29 East, Collier County Florida excepting however, the East 50 feet thereof deeded for State Road S-846 right-of- way and less the North 30 feet thereof deeded for County Road right-of-way. Folio No. 00135000001 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Anna Rosa Avalos and consents to this lien being discharged of record. Dated this da3.' of ,2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COl J .IER COUNTY, FLORIDA By: , Deputy Clerk TOM HENNING, Chairman Approved as to form sufficiency: Ellen T. (}hadwell- - - Assistant County Attorney 1 3 2003 ?-' EXECUTIVE SUMMARY APPROVAL OF CONTRACT #02-3317, IN THE AMOUNT OF $38,324, WITH HENDERSON, YOUNG & COMPANY FOR CONSULTANT SERVICES FOR A FIRE PROTECTION IMPACT FEE UPDATE STUDY ~ Obtain Board of County Commissioner: approval of a contract for professional consultant services for preparation of a Fire Protection Impact Fee update study in the amount of $38,324. CONSIDERATIONS,: The RFP was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on October 31, 2001. Notices were sent to 134 firms with 28 vendors requesting full packages. Three proposals for the Fire Protection Impact Fee update study were received by the due date of November 21, 2001. A Selection Committee meeting to rank order the received proposals for this contract was held on March 15, 2002. The committee was composed of Chiefs representing the Dependent and Independent Fire Districts and staff from the County Attorney's Office and the Impact Fee Administration. By consensus of the members, Henderson, Young and Company was selected as the number one choice among the prospective vendors. The Board approved the committee's short list on March 26, 2002, Agenda Item 16.A.4 and authorized staff to negotiate a contract with Henderson, Young and Company. Ordinance Number 98-30, The Isle of Capri and Ochopee Fire Impact Fee Ordinance, which provides for the imposition and collection of Fire Impact Fees within designated areas, was adopted by the Collier County Board of County Commissioners on April 21, 1998. The Collier County Consolidated Impact Fee Ordinance (Cfi:O), 2001-13, as amended, effective March 19, 2001, superseded and repealed Ordinance Number 98-30. Therefore, as set forth by Ordinance 98-30 and the Cfi:O, the Fire Impact Fees are required to be reviewed and updated in order to ensure that the impact fee is sufficient, but does not exceed the reasonable cost of infrastructure and improvements needed to offset the demand created by growth. With the advice and consent of the individual Boards of the Independent Fire Districts and the Fire Steering Committee, County staff has negotiated a contract, in the amount of $38,324. GROWTH MANAGEMENT IMPACT: The update to the current Fire Protection Impact Fees ~vill provide funding for the expansion of both the Independent and Dependent Fire Districts to accommodate growth. FISCAL IMPACT: The project will be funded through a cost sharing agreement between Collier County on behalf of the Dependent Fire Districts and the Independent Fire Districts. The cost of the study will be divided into six equal shares that represent the five Independent Fire D the Dependent Fire Districts of Isle of Capri and Ochopee, which shall, for the purpose o of payment, be considered as a single participant. The Fire Districts of Isle of Capri and Dchop~'s share of the expense shall be funded by Fire Protection Impact Fees from the applicable :npt~l~el: Trust Funds. Fire Protection Impact Fee Update - Contract Approval Page 2 The County staff will review received invoices from the consultant to ensure contract compliance, and the invoices will be forwarded to the Fire Districts for payment. The Independent Fire Districts have agreed to the dollar amounts representing their allocated portion of the cost and support the cooperative effort by County staff and the Fire Districts to monitor and oversee this project to completion. The allocation to each Fire District, including Isle of Capri and Ochopee as one unit, totaling six participants, is as follows: Number of Participants I Cost per Participant t T°talC°st°fStud¥ t 6 $6,387 $38,324 '. RECOMMENDATION: That the Board of County Commissioners approves a contract, in the amount of $38,324, for professional consultant services for preparation of a Fire Protection Impact Fee update study. . ~"'-' Prepared by: ~/~,~L~, V~-f-/_(~,, ~' Date: Amy Pattei/'son, Impact~ee Coormnator ~[ ~/~ [/ Date: '~'~ Reviewed by: ~ ~)~' "-~;~ Denny Baker, Director Financial Administration and Housing Date: Reviewed by: ~.;5 ~. ~W't~ Stephen Y. Ca'ell, Purchasing Director Reviewed by' ~,":~~ /: ' :' : · Date: )g ph Ad nistrator munity Development and Environmental Services Division Approved By: Date: James V. Mudd, County Manager MAY 1 3 2003 SCHEDULE A SCOPE OF SERVICES FIRE PROTECTION IMPACT FEES A. Assemble Background Information and Prepare Methodology A.1. Assemble Background Information and Current Data The Consultant will list background information and current data that will be provided by fire district staff and County staff, and the Consultant will respond to questions and requests for clarification form staff. The list will provide specific guidelines for the following information: Inventory and Current Levels of Service Fire district staff will prepare an inventory of existing fire stations and apparatus (i.e., fire engines, pumpers, aerial trucks, tankers, brush trucks, etc.), and current levels of service, such as call loads and response times. Incident Data Fire district staff will provide run reports or other response data from, or ..... similar to, the state and/or national incident reporting systems. Cost Information Fire district staff will provide local examples of costs of fire stations and apparatus. Local data will include recent actual costs for stations and apparatus acquired in the last 3 years and costs listed in the most recent capital improvements plan for fire protection. Revenue and Financing History Fire district staff will assemble information about revenues that were used to pay for fire stations and apparatus in Collier County during the past 3 years. Property Information County staff will obtain from the Property Appraiser files containing information about property in each participating fire district. Growth and Demographic Data County staff will provide the most recent local information about existing and future population, dwelling units, and persons per dwellir _n unit in the County. AIl datawill be reported countywide and for eacl, fire,,..~J~O(~.r~¢ district. MAY 1 3 2003 A.2. Prepare Methodology for Collier County's Fire Impact Fees. The Consultant will develop the methodology for fire impact fees for fire districts in Collier County. The methodology will, insofar as possible, be based on the methodology developed by the Consultant in 2002 for the City of Marco Island. B. Data Compilation and Analysis B.1. Evaluate Data The Consultant will review the data from Task A. 1. The Consultant will follow-up with fire district and County staff regarding any information that is incomplete or inconsistent. B.2. Prepare Cost Model The Consultant will develop the formulas and algorithms (from the methodology in Task A.2 for calculating the updated fire impact fee to implement revisions to the methodology identified during Task A.2. The Consultant will describe each variable in each formula, and document the data and/or assumptions used for each variable. B.3. Analyze Data The Consultant will analyze the data from Task A. 1 to determine the current levels of service of fire protection in Collier County, calculate average costs of fire stations and apparatus to determine the cost basis to be used in the updated impact fee for fire protection, calculate an average "credit" calculation for impact fee rates and average incident rates for various types of land use. C. Legal Review and Development of Recommended Fee Schedules C.1. Determine Legal Sufficiency The Legal Advisor will review the impact fee methodology (developed in Task A.2) for legal sufficiency under Florida and federal law. The Legal Advisor will also recommend any necessary changes to the County's existing impact fee ordinance to accommodate any changes to the impact fee rates and methodology. C.2. Calculate Rates, and Prepare Rate Study The Consultant will prepare a spreadsheet model to calculate the impact fee rate for each category of land use. The Consultant will enter in the spreadsheet the data from the research and analysis (Tasks A and B), and the model will calculate the impact fee rates. The Consultant will prepare a new rate study to describe all the equations, data, assumptions, and resulting impact fee rates. The rate study will identify and provide detailed criteria for any exempt ~ns qii~J~OA ~T'EM may be appropriate for Collier County. No. ~ (,(' J~ ~ MAY 1 3 2003 D. Meetings and Public Hearings D.1. Review of Draft Updated Fire Impact Fees by Fire District and County Staff The Consultant will participate in one teleconference with fire district and County staff to respond to staff questions, comments, and suggestions about the draft rate study for fire impact fees. The Consultant will revise the draft fire impact fee as indicated by input from fire district and County staff. D.2. Review of Updated Fire Impact Fees by Fire District Boards and Stakeholders The Consultant will attend and participate in one consolidated public meeting of all Fire District Boards which will be open to the community and all stakeholders (i.e., development industry, and homeowner or taxpayer groups). The Consultant will present the updated rate study for fire impact fees, respond to comments, questions and suggestions from Board members and stakeholders. D.3. Review and Adoption of Updated Fire Impact Fees by County Commission The Consultant will attend and participate in one public hearing of the County Commission. The Consultant will present the updated rate study for fire impact fees, respond to public comments, and assist the .... Commissioners in their review and consideration of updated fire impact fees for the County. MAY 1 3 2003 3 I~. ~ SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES Collier County Fire Protection Impact Fee Cost Proposal Henderson, Young & Company and Nabors, Giblin & Nickcrson April 24, 2002 Total Task Cost A. 1 Assemble Background $ 1,859 Information and Current Data A.2 Prepare Methodology 1,653 B.1 Evaluate Data 3,719 B.2 Prepare Cost Model 1,859 B.3 Analyze Data 5,475 C. 1 Determine Legal Sufficiency 5,966 C.2 Calculate Rates and Prepare 6,715 Rate Study D.1 Fire District and County Staff 2,479 Review D.2 Fire District and Stakeholder 3,099 Review D.3 County Commission Action 5,500 TOTAL $ 38,324 - AC_,~A mTJ~ MAY 1 3 2003 4 EXECUTIVE SUMMARY APPROVAL OF ONE (1) IMPACT FEE REIMBURSEMENT OF $49,381.56 DUE TO OVERPAYMENT ~ To obtain Board of County Commissioners approval of one (1) impact fee reimbursement, due to the overpayment of impact fees assessed on Building Permit Number 2002071483, totaling $49,381.56. CONSIDERATIONS: Following recent discussions between county staff and the staff of the Clerk of Courts, it has been jointly determined that requests for impact fee 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. Courtelis Construction - Impact fees were assessed on Permit Number 2002071484 based on 41,241 square feet for the construction of a retail building. The Building and Permitting Dept. approved a revision to the permit on January 15, 2003 that revised the square foot calculations to 32.696 square feet. Courtelis Construction requests reimbursement of the overpayment of impact fees paid on this permit. ~4?FISCAL IMPACT: The recommended Impact Fee reimbursements will be transacted · as debit entries against the applicable revenue budget line items in the following amounts: Road $ 38,572.13 Correctional Facilities $ 9,331.14 Emergency Medical Services $ 1,478.29.. Total: $ 49,381.56 GROWTH MANAGEMENT IMPACT: Remittance of the requested impact fee reimbursement may adversely affect capital project funding for road construction due to Transportation Impact Fee revenues being down from the previous fiscal year, however, the impact fees were overpaid and therefore a reimbursement is due to the customer. MAY 1 3 2003 Impact Fees Reimbursement - Courtelis Construction Page 2 RECOMMENDATION.'. That the Board of County Commissioners approves the requested impact fee reimbursement, totaling $49,381.56, and that the Board approves any related budget amendments that may be required. A~,/PatterSon, Impa t Fee Coordinator REVI]EWED BY: I~~ Date: c/- c~/'-"' ~ Denny Baker, Director Financial Administration and Housing Depa~ment APPROVED BY: ~'~~~ Date: ~/~/~ Joseph Schmitt, Administrator /Communit~ Development and Environmental Services Division / '~ ~ Date: '~ ~ ' -c' -, APPROVED BY: ; ? ~- ~ No.ag E. Feder, AICP, Administrator Transpbnation Division MAY 1 3 2003 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number ! Date ; Post Date Payment Slip Nbr 359742 1 9~24~2002 4:03:52 PM 1912512002 PT 2002071484 Address: 10600 TAMIAMI TRL N Owner: OCEAN BOULEVARD PARTNERSHIP II COA #: 02-3442 Permit Type: BC3 Job Desc: RETAIL BUILDING/1200AMPS Applicant: DOUG PITTS DBA: COURTELIS CONSTRUCTION COMPANY Swr Meter: NC Wtr Meter: CC Payor: CQURTELIS CONSTRUCTION Fee Information Fee Code Description GL Account Amount Waived 19APFA ADEQUATE PUBLIC FACILITIESAPP 11113831732253000000 $50.00 42WSDC WATER SYSTEM CHARGE 41127351134336000000 $0.00 42SSDC SEWER SYSTEM CHARGE 41326361134356000000 $0.00 08EMSl EMS IMPACT FEES UNINC. 35014047036385000000 $7134.69 08JAIL JAIL IMPACT FEE 38111043036380100000 $45035.17 08SCR1 DIST 1 ROAD IMPACT FEE-SHOP. C 33116365036365000000 $186161.87 08BCAI BLDG.CODE CERT. SURCHARGE 11300000020882000000 $206.20 08BPNP BLDG PERMITS - NAPLES 11313890032211000000 $6483.00 08FLNN FIRE< 1 MILLION-NORTH NAPLES 11300000020910100000 $936.22 08FPRF FIRE PLAN REVIEW FEE 11300000020910200000 $2160.00 08MFSG MICROFILM SURCHARGE 11313890034144200000 $31.38 08NNIM NORTH NAPLES FIRE IMPACT 11300000020981000000 $9543.30 08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 $206.20 08BACR BLDG. PERMIT APP. FEE CREDIT 11313890032251000000 $-1045.28 08APPF FIRE PLAN REVIEW APP FEE 11300000020910200000 $-1600.00 08BCPY SALES OF COPIES 11313890034144000000 $15.00 19EICA ESCROWED IMPCT FEES - COA ESCI 67500000022001500000 $-192080.55 Total $63237.20 - Continued - MAY 1 3 2003 Pg. J Collier County Board of County Commissioners Printed:3/17/2003 11:52:13 AM CD-Plus for Windows 95/NT Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number i Date I Post Date I Payment Slip Nbr 359742 i 9/24/2002 4:03:52 PM ! 9/25/2002 PT 2002071484 Payments Payment Code Account/Check Number I Amounti CHECK 1124 I $63237.20. Total Cash $0-00~ Total Non-Cash $63237.20~ Total Paid $63237.20 Memo: Cashier/location: GARRETT_S / 1 User: FLEiSHMANPAULA MAY 1 3 2003 Collier County Board of County Commissioners Printed:3/17/2003 11:52:13 AM CD-Plus for Windows 95/NT Courtelis Company March 18, 2003 Ms. Amy Patterson Impact Fee Coordinator Collier County Government 2800 North Horseshoe Drive Naples, FL 34104 RE: Granada Shoppes/Building Permit # 2002-071484 Dear Ms. Patterson: When the above building permit was processed, the fee was miscalculated. Subsequently, the building plans were revised to show the correct square footage of the building. These plans have been approved by the Building Department and we are hereby formally requesting the remm of the overpayment. It is my understanding the matter is to be presented to the Collier County Board of County Commissioners on the April agenda. If you have any questions or need additional information, please let me know. Sincerely, Sr. Project Manager Development 701 grickell Ave., Suite 1400 MAY 1 3 2003 Miami, Florida 33131-2822 Telephone: (305) 379-8457 Facsimile: (305) 381-7875 -- EXECUTIVE SUMMARY APPROVAL OF ONE (1) IMPACT FEE REIMBURSEMENT OF $6,016.82 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 2002022779, totaling $6,016.82. CONSIDERATIONS: Following recent discussions between county staff and the staff of the Clerk of Courts, it has been jointly determined that requests for impact fee 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. Nicanor Sanchez ($6016.82) - Permit Number 2002022779 for the construction of a single family home 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 Es debit entries agai'~st the applicable revenue budget line items in the following amounts: Road $2,871.00 Parks $ 820.84 Libraries $ 299.00 Jail $ 117.98 Emergency Medical Services - $ 130.00 School ~! ,778,..00 Total: $6,016.82 GROWTIt MANAGEMENT IMPACT: Remittance of the requested impact fee r~imbursements may adversely affect capital project funding for road construction due to Transportation Impact Fee revenues being down from the previous fiscal year, however, the building permits were cancelled and the impact fee reimbursement is due to the customer. ( (~ ~- I~-~b' NAY 132003 Impact Fees Reimbursement - Sanchez Page 2 RECOMMENDATION: That the Board of County Commissioners approves the requested impact fee reimbursement, totaling $6016.82. Denny Baker, Director Financial Administration and Housing Department Communjly Development and Environmental Services Division APPROVED BY: J, / ' .... "'~ ~ ~ Date: -'--- ~-- '::::' Norman E. Feder, AICP, Administrator Transportation Division MAY 1 3 2003 NtCANOR SANCHEZ "179 CYPRESS WAY EAST #206 NAPLES, FLORIDA 34110 February 12, 2003 Collier County Government Community Development Attn: Paula Fleishman, Impact Fee Analyst 2800 N. Horseshoe Dr. Naples, F1 34104 RE: Permit # 2002022779 Address: 521 7th St. SW Dear Ms. Fleishman, This is a request for a refund of the Impact fees paid on this permit since we are going through a divorce, we will not be building. Also please notify the appropriate department to void or cancel our permit. If you need anything further please contact myself at your convenience. My number is 239-872-6733 or at my business it is 239-277-9111. Singert~, '-~Kimberlv Sanchez 4AY 13 2003 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt I Trans Number ! Date ! Post Date Payment Slip Nbr 325443 14/9/2002 8:06:07 AM 14/9/2002 PT 2002022779 Address: 521 7TH ST SW Owner: SANCHEZ, NICANOR COA #: 02-2692 Permit Type: BR2 Job Desc: S/F RESIDENCE CBS 200 AMP Applicant: MICHELE DBA: Swr Meter: SEPTIC Wtr Meter: WELL Payor: NICK SANCHEZ Fee Information Fee Code Description GL Account Amount i Waived 08BASA SEPTIC APPLICATION FEE .11300000020850000000 $-140.00 08BCAI BLDG.CODE CERT. SURCHARGE ~ 11300000020882000000 $22.15' 08BPNP BLDG PERMITS - NAPLES 11313890032211000000 $981.00 08BROW INITIAL R.O.W. 11313890032920000000 $125.001 08CPNP COMMUNITY/REGIONAL PARKS IMPAGA615640236399000000 $571.02! 08EMSI EMS IMPACT FEES UNINC. 35014047036385000000 $130.00: 08GGIM GOLDEN GATE FIRE IMPACT 11300000020980000000 $664.35 ~ 08HDST HEALTH DEPT. SEPTIC TANK 11300000020850000000 $280.00 08JAIL JAIL IMPACT FEE 38111043036380100000 $117.98 08LIBR LIBRARY IMPACT FEE-UNINC. 35515619036399200000 $299.00 08MFSG MICROFILM SURCHARGE i 11313890034144200000 $6.66 08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 $22.15 08RGPK REGIONAL/COMMUNITY PARK IMPAC3'4615640236399000000 $249.82 08SCHI SCHOOL BOARD IMPACT FEE 11300000020905000000 ~ $1778.00 08SFR6 i DIST 6 ROAD IMPACT FEE-SINGLE I 33816365036351000000 ~ $2871.00 08BACR BLDG. PERMIT APP. FEE CREDIT 11313890032251000000 $-221.45 Total $7756,68 - Continued - MAY 1 3 2003 Collier County Board of County Commissioners Printed:4 _>2/2003 2:39:09 PM CD-Plus for Windows 95/NT ~ -/ Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt ! Trans Number Date 1 Post Date 1 Payment Slip Nbr 1325443 4/9/2002 8:06:07 AM t4/9/2002 I PT 2002022779 i Payments I Amount I Payment Code I Accoun'dCheck Number I $7756.68 i CHECK 11012 Total Cash I $0.00 Total Non-Cash ~ $7756.68 Total Paid r i $7756.68 Memo: Cashier/location: MCCAULEYKATY /1 User: CRONBERG_D MAY 1 3 2003 Collier County Board of County Commissioners Printed:4~ .~2/2(~;~ CD-Plus for Windows 95/NT L_ EXECUTIVE SUMMARy APPROVAL OF ONE (1) IMPACT FEE REIMBURSEMENT OF $43,611.84 DUE TO TWELVE (12) BUILDING PERMIT CANCELLATIONS OBJECTIVE: To obtain Board of County Commissioners approval of one (1) impact fee reimbursement, due to the cancellation of Building Permit Numbers 2002023653, 2002023652, 2002022016, 2002022038,~ 2002022057, 2002022049, 2002022041, 2002022060, 2002022030, 2002023670, 2002022022, 2002023674. CONSIDERATIONS:. Following recent discussions between county staff and the staff of the Clerk of Courts, it has been jointly determined that requests for impact fee 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. John F. Soave, Inc. ($43,611.84) - Permit Numbers 2002023653, 2002023652, 2002022016, 2002022038, 2002022057, 2002022049, 2002022041, 2002022060, 2002022030, 2002023670, 2002022022, 2002023674 for the construction of single- family attached homes have 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: Road $ ! 8,144.00 Parks $ 9,850.08 Libraries $ 2,978.00 Jail $ 1,415.76 Emergency Medical Services $ 1,300.00 School ~ 9,924.00 Total: $43,611.84 GROWTH MANAGEMENT IMPACT: Remittance of the requested impact fee reimbursements may adversely affect capital project funding for road construction due to Transportation Impact Fee revenues being down from the previous fiscal year, however, the building permits were cancelled and the impact fee reimbursement is due to the customer. ". r4A¥ 132003 Impact Fees Reimbursement - Soave Page 2 RECOMMENDATION: That the Board of County Commissioners approves the requested impact fee reimbursement, totaling $43,611.84. SUBMITTED BY: {._.,,~.'/]'~-c.I ] (-['L'~'c c ' Date: __ ~ Paterson, ~pa~Fee Coordinator ~VIEWED BY: ]~f~~ Date: De~y B~er, Director Financial Administration and Housing Dep~ment "i : ~ Af - / / ~PROVED BY: .~~~ Date: ~"~/',~ .. Jo~ph Sc~{, Aaministrator ..C~munit~Development and Enviromental Sen, ices Division ~PROVED BY: , ,?~,~; :_~ :~-~ Date: ; r~ --' No.an E. Feder, AICP, Administrator Transpo~ation Division A A MAY 1 3 2003 ~. ~--"' , JOHN F. SOAVE, INC. CANCELLED PERMITS REIMBURSEMENTS PERMIT NUMBER PARKS. LIBRARIES ROAD EMS SCHOOLS JAIL TOTALS 2002023653 $820.84 $238.00 $1,512.00 $104.00 $827.00 $117.98 $3,619.82 2002023652 $820.84 $238.00 $1,512.00 $104.00 $827.00 $117.98 $3,619.82 2002022016 $820.84 $238.00 $1,512.00 $104.00 $827.00 $117.98 $3,619.82 2002022038 $820.84 $238.00 $1,512.00 $104.00 $827.00 $117.98 $3,619.82 2002022057 $820.84 $238.00 $'1,512.00 $104.00 $827.00 $117.98 $3,619.82 2002022049 $820.84 $238.00 $1,512.00 $104.00 $827.00 $117.98 $3,619.82 2002022041 $820.84 $238.00 $1,512.00 $104.00 $827.00 $117.98 $3,619.82 2002022060 $820.84 $238.00 $1,512.00 $104.00 $827.00 $117.98 $3,619.82 2002022030 $820.84 $238.00 $1,512.00 $104.00 $827.00 $117.98 $3,619.82 2002023670 $820.84 $238.00 $1,512.00 $104.00 $827.00 $117.98 $3,619.82 2002022022 $820.84 $299.00 $1,512.00 $130.00 $827.00 $117.98 $3,706.82 2002023674 $820.84 $299.00 $1,512.00 $130.00 $827.00 $117.98 $3,706.82 TOTAL $9,850.08 $2,978.00 $18,144.00 $1,300.00 $9,924.00 $1,415.76 $43,611.84 - MAY 1 3 2003 4/23/2003 Quality is our foundation February 26, 2003 Collier County Government ATT: Judy Pugh ' ' : 2800 N. Horseshoe Dr. Naples, FL 34104 2043 Re: Permit #2002022030 Trade Center Way Salltorini Lot/~26 Naples. Florida 34109 941-591-1116 Dear Ms. Pugh: Fax 941-591-8609 We are requesting a permit can~llation and permiV'impact fee refund on the above-m~ntioned cG c0266s5 permit/lot. The unit we had projected to build on this lot had sales cmmellafion and was not marketable. In order to put a new unit on this lot, we ,Mil need to re-permit under the new codes and sell to build. This could take several months, so we are requesting a pernut cancellation and permit fee and impact f~s refund. Thank you for your attention to this matter. Jo ~" l:k~siQent C~C026685 Cc: Washington Permitting / JFS Permitting Alamar Smiley-Collier Count3.' (Sent separately) Michele Bundy-Accounts Receivable JFS JFS/dam STATE OF FLOKIDA COUNTY OF COLLIER The foregoing instrument w~s acknowledged before me on this 26t~ day of February 2003, by John F. Soave, who is personally known to me. .............. ~ignamre of No--'tary'i~h~- I ..,'~. c~ - mo · Mansfield ~.g~ t~'~_:}-} MyC~n~tf~SovV. 200~ [' Printed name of Notary Pubhc ........... Bor~edByNatbr~Notor?As~. MAY 1 3 2003 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number F_.Date i Post Date i355756 1 9~002 2:26:24 PM 9/6/2002 ~0"~ Address: 3186 SANTORINI CT Owner: OLDE CYPRESS DEV LTD COA #: DRI Permit Type: BP2 Job Desc: S/F ATTACHED-CBS-150 AMPS Applicant: JIMMY WASHINGTON DBA: JOHN F. SOAVE, INC. Swr Meter: NC Wtr Meter: CC Payor' SANTORINI - - - Fee Information Fee Code Description ~ GL Account Amount Waived .08BCAI BLDG.CODE CERT. SURCHARGE ~ 11300000020882000000 S12.70 08BPNP BLDG PERMITS - NAPLES 11313890032211000000 S796.00 08CPNP COMMUNITY/REGIONAL PARKS IMPAG4615640236399000000 $571.02 ~ 08EMSI , EMS IMPACT FEES UNINC. 35014047036385000000 ~_ $104.00 ~ 138111043036380100000 $117.981 108JAIL ~ IMPACT FEE ~ 08LIBR ! LIBRA--R-~ I--~-PA-~ FEE-UNINC. r 35515619036399200000 ~ $238.00 1 08MFR1 DIST 1 ROAD IMPACT FEE-MULTI-F 33116365036353000000 $1512.00 08MFSG J_MICROFILM SURCHARGE ', 11313890034144200000 $3.81 08NNIM ~N--~~-PL--~F~-~ I~ACT 't~-0~ S380'851 08RUGS BLDG. PERMIT SURCHARGE 11300000020880000000 $12.70 08RGPK 'REGIONAL/COMMUNITY PARK IMPAC$4615640236399000000 $249.82: 08SCHI SCHOOL BOARD IMPACT FEE ' 11300000020905000000 $827.00 i $302.00; 42MTTP COUNTY METER TAP CHARGE i 40825321234332000000 1 42SSDC SEWER SYSTEM CHARGE t 41326361134356000000 $2840.00 i 42WSDC i WATER SYSTEM CHARGE ' 41127351134336000000 $2690.00 ' 08BACR BLDG. PERMIT APP. FEE CREDIT ; 11313890032251000000 $-126.951 Total $10530.93 - Continued - MAY 1 3 2003 Collier County Board of County Commissioners Printe ~/z;~/zuu~ l:u,~:,~u CD-Plus for Windows 95/NT Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt : Trans Number i Date Post Date i Payment Slip Nbr : 355756 i 9/6/2002 2:26:24 PM 9/6/2002 , PT 2002022030 Payments ~ Payment Code I Account/Check Number Amount ~ CHECK "3080 $10530.931 Total Cash $0.001 Total Non-Cash $10530.93 Total Paid $10530.93 i Memo: Cashier/location: MCCAULEYKATY / 1 User: CRONBERG_D - MAY132003 Collier County Board of County Commissioners Printed:4/23/Y. Ouu CD-Plus for Windows 95/NT Qualitl/ is our foundation January 20, 2003 c~s~0~ ~ss~,~ Collier County Government c o~s~c~t ATT: Judy Pugh 0~MUN~Y UEVtt0~a~NT 2800N. Horseshoe Dr. Naples, FL 34104 2043 Re: Permit #2002022060 Trade Center Way Salltoriai Lot # 12 Naples, Florida 94~-50~-me Dear Ms. Pugh: r~_94!~-~e09 We are requesting a permit cancellation and permit/impact fee refund on the above-mentioned cz c0zee85 permit/lot. The unit we had projected to build on this lot had sales cancellation and was not marketable. In order to put a new unit on this lot, we will need to re-permit under the new codes and sell to build. This could take several months, so we are requesting a permit cancellation and permit fee and impazt fees refund. Thank you for your attention to this matter. Very trul~ Pres¥~tnt _ _ _ CG E026685 Cc: Washington Permitting / IFS Permitting Johnnie Gebhardt-Collier County (Sent separately) Michel¢ Bundy-Accounts Receivable IFS IFS/dam STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me on thi~ 20ua day of January 2003, by personally known to me. Signature of Notar~t'mmc ~r~ ,' J ~ Notcxy Public. State of Flortclo ] I,~. ~,"}'] N~y~~emNovg,~00O Printed name of Notary Public AC.,F. NOA Ft~M ~r Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number ~ Date Post Date I Payment Slip Nbr · 355748 ', 9/6/2002 2:23:23 PM 916/2002 I PT 2002022060 Address: 3115 SANTORINI CT Owner: OLDE CYPRESS DEV LTD COA #: DRI Permit Type: BR2 Job Desc: S/F ATTACHED-CBS-200 AMPS Applicant: JIMMY WASHINGTON DBA: JOHN F. SOAVE, INC. Swr Meter: NC Wtr Meter: CC Payor '_S_ANTORINI Fee Information Fee Code Description GL Account Amount Waived 08BCAI i BLDG.CODE CERT. SURCHARGE 11300000020882000000 $12.64 i 08BPNP [ BLDG PERMITS - NAPLES 11313890032211000000 $813.00 1 08CPNP !COMMUNITY/REGIONAL PARKS IMPAG4615640236399000000 $571.02~ 08EMSI EMS IMPACT FEES UNINC. 35014047036385000000 $104.00 08JAIL ,~ JAIL IMPACT FEE 38111043036380100000 $117.98 · 08LIBR LIBRARY IMPACT FEE-UNINC. 35515619036399200000 $238.00i 08MFR1 DIST 1 ROAD IMPACT FEE-MULTI-F 33116365036353000000 S1512.00. 08MFSG MICROFILM SURCHARGE 11313890034144200000 $3.81 08NNIM NORTH NAPLES FIRE IMPACT 11300000020981000000 $379.20 i 08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 $12.64 ! 08RGPK REGIONAL/COMMUNITY PARK IMPACt4615640236399000000 $249.82 08SCHI SCHOOL BOARD IMPACT FEE ! 11300000020905000000 S827.00 ' 42MTTP COUNTY METER TAP CHARGE 140825321234332000000 $302.00 ~ 42SSDC SEWER SYSTEM CHARGE 141326361134356000000 $2840.00i 42WSDC I WATER SYSTEM CHARGE 41127351134336000000 S2690.00 '~ 08BACR BLDG. PERMIT APP. FEE CREDIT 11313890032251000000 $-126.40 ~ Total $10546.71 ' - Continued - MAYI32003 Collier County Board of County Commissioners CD-Plus for Windows 95/NT Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt i Trans Number I Date ~ Post Date I Payment Slip Nbr 1355748 19/6/2002 2:23:23 PM 19/6/2002 PT 2002022060 Payments Payment Code i Account/Check Number Am°unt CHECK ! 3075 $10546.7 ~ Total Cash $0.00 Total Non-Cash $10546.71 Total Paid 1 $10546.71 Memo: Cashier/location: MCCAULEYKATY / 1 User: DIAZ_M MAY 1 3 2003 Collier County Board of County Commissioners Printed:4/23/2003 1:04:23 PM CD-Plus for Windows 95/NT Quality is our Foundation January 2O, 2OO3 Co.er County Go~t COmmUniTY OEVELOf~ENT 2800N. Ho~e~. Napl~, ~ 341~ 2043 Re: P~t ~2002022041 ~ade Center Way S~ Lot ~ I 1 Naples, Flori~ 34109 F~ 941-591-8609 We ~ ~qu~g a ~t c~H~on ~d ~ffmpaet fee ~d cG C026~85 ~ot. T~ mt we ~ ~oj~ed to braid on ~s lot ~d s~ e~Hafion ~d ~ not marketable. ~ ord~ to put a new mt m ~ lot, we ~1 n~ to ~-~t und~ ~e new ~ ~d ~1I m b~ld. ~s co~d ~e sev~ mon~, so we ~e r~fi~ a ~t c~ceH~on ~d ~t fee ~d impa~ f~ re~d. ~ you for yo~ ~fion to ~s m~. ~dem CG C026685 Cc: Washington Permitting / JFS Permitting Johnni¢ Gebhardt-Collier County (Sero separately) Michele Bundy-Aecounts Receivable JFS JFS/dam STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was aeknowt~lgext b~ore me on this 20.~ day of January 2003, by John F. Soave, who is personally known to me. ....... ~ ....... Signature ofNo~y"l~lic~- ().. ---":b' ~q~.! uvcomnao~tn~,.~a~ £ ' -- 'l~.noa rrm. ~...'~b..~g Comm~lon # DD162858 J~ Prinll~t name of Notary Public MAY 1 3 2003 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt [Trans Number i Date i Post Date ~r 1355753 f9/6/2002 2:25:34 PM 9/6/2002 I PT 2002022041 Address: 3111 SANTORINI CT Owner: OLDE CYPRESS DEV LTD COA #: DRI Permit Type: BR2 Job Desc: S/F ATTACHED-CBS-150 AMPS Applicant: JIMMY WASHINGTON DBA: JOHN F. SOAVE, INC. Swr Meter: NC Wtr Meter: CC Payor: SANTORINI Fee Information ! Fee Code ~ Description GL Account Amount Waived ! 08BCAI BLDG.CODE CERT. SURCHARGE i 11300000020882000000 $12.67 08BPNP ~ BLDG PERMITS- NAPLES ! 11313890032211000000 $796.00'~ 08CPNP i COMMUNiTY/REGIONAL PARKS IMPAG4u15640236399000000 $571.02 1 08EMSI i 35014047036385000000 S104.00 ' 08JAIL !EMS IMPACT FEES UNINC. JAIL IMPACT FEE ] 38111043036380100000 $117.98 ~ 08LIBR [ LIBRARY IMPACT FEE-UNINC. [ 35515619036399200000 $238.00 i08MFSG 'MICROFILM SURCHARGE i 11313890034144200000 S3.81 I 08NNiM NORTH NAPLES FIRE IMPACT ,11300000020981000000 i $379.95 ~ $12.67 ,08RDGS BLDG. PERMIT SURCHARGE i 11300000020880000000 108RGPK REGIONAL/COMMUNITY PARK IMPAC34615640236399000000 $249.82 ! 08SCHI SCHOOL BOARD IMPACT FEE 11300000020905000000 i $827.00 ' 42MTTP COUNTY METER TAP CHARGE 40825321234332000000 ! $302.00 ' [ 42SSDC SEWER SYSTEM CHARGE 41326361134356000000 i $2840.00, 142WSDC WATER SYSTEM CHARGE 41127351134336000000 i $2690.001 ,08BACR BLDG. PERMIT APP. FEE CREDIT i 11 313890032251000000 $-126.65 : 08MFR1 DIST 1 ROAD IMPACT FEE-MULTI-F ~ 33116365036353000000 $1512.00 - Total ] $10530.27 ! - Continued - ~4AY 1 3 2003 Collier Coun~ Board of County Commissioners Print( CD-Plus for Windows 95/NT Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date J Post Date Payment Slip Nbr 355753 9/6/2002 2:25:34 PM 1 9/6/2002 PT 2002022041 Payments Payment Code Account/Check Number , Amount I CHECK 3074 [ $10530.27 Total Cash $0.00 1 Total Non-Cash $10530.27 Total Paid $10530.27 Memo: Cashier/location: MCCAULEYKATY / 1 User: CRONBERG_D MAY 1 3 2003 Collier County Board of Gountg Commissioners Printed ~/23/i~11~~ ~ '~'n° ~M CD-Plus for Windows 95/NT Quality is our £oundation ~anuary 20, 2003 t~s~0~ ~s~0~t Collier County Government co~c~ ATT: Judy Pugh Naples, FL 34104 2043 R~'. Permit #2002022049 Trade Center Way Salltorini Lot #14 Naples, Florida 34109 941-591-1116 ~ Ms. Pugh: Fax 941-591-8609 We arc r~uesting a pexmit cancellation and permit/impact fee refund on the above-mentioned ca c026685 permit/lot. The unit w~ had projected to build on this lot had sales cancellaXion and was not marketable. In ord-' to put a new unit on this lot, we will riced to re-permit under the new codes and sell to build. This ~uld take several months, so we are requesting a permit cancellation and permit fee and impact fees refund. Thank you for your attenfon to this matter. Very truly yours, ,oz CG C026685 Cc: Washington Permitting / ,IFS Permitting Jobnnie Gebharclt-Colliex CountT (Sent separately) Miehele Bundy-Aeeounts Receivable JFS JFSldam STATE OF FLORIDA COUNTY OF COLLIER The foregoing inslxumont was acknowledged before me on this 20__.~.~ day of Janua~ 2003, by John F. Soave, who is personally known to me. , MAY 1 3 20113 .l'b ...... Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt ITrans Number t Date Post Date Payment Slip Nbr 355752 [ 9/6/2002 2:24:46 PM 9/6/2002 PT 2002022049 Address: 3123 SANTORINI CT Owner: OLDE CYPRESS DEV LTD COA #: DRI Permit Type: BP2 Job Desc: S/F A'I-rACHED-CBS-200 AMPS Applicant: JIMMY WASHINGTON DBA: JOHN F. SOAVE, INC. Swr Meter: NC Wtr Meter: CC Payor: SANTORINI Fee Information I GL Account Amount I Waived Fee Code Description 08BCAI BLDG.CODE CERT. SURCHARGE i 11300000020882000000 $12.64 i~ 0SBPNP i BLDG PERMITS- NAPLES ,11313890032211000000 ~/' $813'001 08CPNP I COMMUNITY/REGIONAL PARKS IMPAG4615640236399000000 $571.02! 08EMSI !EMS IMPACT FEES UNINC. 135014047036385000000 $104.001 08JAIL JAIL IMPACT FEE 138111043036380100000 $117.98 08LIBR LIBRARY IMPACT FEE-UNINC. !35515619036399200000 $238.00 08MFSG I MICROFILM SURCHARGE i 11313890034144200000 $3.81 08NNIM ! NORTH NAPLES FIRE IMPACT i 11300000020981000000 v/I $379.20 ~08RDGS I BLDG. PERMIT SURCHARGE ;11300000020880000000 $12.64 ;08RGPK i REGIONAL/COMMUNITY PARK IMPAC34615640236399000000 $249.82 ~08SCHI i SCHOOL BOARD IMPACT FEE [ 11300000020905000000 ~ $827.00 ~ 42MTTP COUNTY METER TAP CHARGE '~ 40825321234332000000 $302.00 i 42SSDC SEWER SYSTEM CHARGE .. 41326361134356000000 $2840.00, ~ 42WSDC WATER SYSTEM CHARGE !41, 127351134336000000 $2690.00 08BACR BLDG. PERMITAPP. FEE CREDIT 11313890032251000000 $-126.40 08MFR1 i MIST 1 ROAD IMPACT FEE-MULTI-F 33116365036353000000 , $1512.00 ' Total ' $10546.71 - Continued - HAY 1 3 2003 Collier County 0o~rd of County Commissioners Printed: 112712003 1 CD-P/us for Windows 95/NT Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt ~ns Number~ FPost Dat~r 355752 -- [ 9/6/2002 2:24:46 PM PT 2002022049 Payments t~nt/check Number Total Cash f $0.00 Total Non-Cash $10546.71 Total Paid ~- $10546.71 Memo: Cashiedlocation: MCCAULEYKATY / 1 User: CRONBERG_D MAY 1 3 2003 Collier County Board of County Commissioners Print{ 1:1/21~ _ 0:3?:22 A CD-P/us for Windows 95/NT Ouality is our foundation January 20, 2003 Collier Count>, Government ATT: Judy Pugh 2800 N. Horseshoe Dr. Naples, FL 34104 2043 Re: Permit #2002022057 Trade Center Way Santorini Lot # 13 Naples, Florida 34109 941-591-1116 Dear Ms. Pugh: Fax 941-591-8609 We are requesting a permit cancellation and permit/ih~pact fee refund on the above-mentioned CG C026685 permit/lot. The unit we had projected to build on this lot had sales cancellation and was not marketable. In order to put a new unit on this lot, we will need to re-pernfit under the new codes and sell to build. This could take several months, so we are requesting a permit cancellation and permit fee and impact fees refund. Thank you for your attention to this matter. Very truly yours, Johi~ ' Pres,~nt CCAE026685 Cc: Washington Permitting / JFS Permitting Johmfie Gebhardt-Collier Count5' (Sent separately) Michele Bundy-Accounts Receivable JFS JFS/dam STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me on this 20th day of January 2003, by John F. Soave, who is personally known to me. ~~"' , ' '~ 9" Notory PubliC- Stole of Florida i HAY ] 3 2003 -Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt T~rans Number ~ Date ~ Nbr [3~' tDate 9/6/2002 2:24:03 PM 1 9/6/20--~ ~0-'~ Address: 3119 SANTORINI CT Owner: OLDE CYPRESS DEV LTD COA #: DRI Permit Type: BP2 Job Desc: S/F ATTACHED-CBS-150 AMPS Applicant: JIMMY WASHINGTON DBA: JOHN F. SOAVE, INC. Swr Meter: NC Wtr Meter: CC Payor: SANTORINI Fee Information [ Fee Code ~ GL Account t Amount Waived ~-~ ! BLDG.CODE CERT. SURCHARGE 11300000020882000000 $12.67 ,08BPNP i BLDG PERMITS - NAPLES 11313890032211000000 ~- $796.00 i 08CPNP i COMMUNITY/REGIONAL PARKS IMP~-G4615640236399000000 $571.02 i 08EMSI i EMS IMPACT FEES UNINC. 35014047036385000000 $104.00 ~ ~ IMPACT FEE ~8111043036380100000 ~$117.9__~8 108LiBR ~A_R~~C-~ FEE-UNINC. ,35515619036399200000 $238.0___~0 L08MFR1 ~DIST ~ ~ I'-M--~A-~ ~LTI-F 33116365036353000000 $1512.00 i 08MFSG MICROFILM SURCHARGE 11313890034144200000 $3.81 ; 08NNIM NORTH NAPLES FIRE IMPACT ~11300000020981000000 $379.9_____~5 ~-08RDGS BL-~G. PERMIT SURCHARGE 1300000020880000000 $12.67 _ i~ REGIONAL/COMMUNITY PARK IMPAC34615640236399000000 $249.8___~2 ' SCHOOL BOARD IMPACT FEE $827.00 i 11300000020905000000 142MTTP -~OUNTY METER TAP CHARGE 42SSDC SEWER SYSTEM CHARGE 1 41326361 ~ $2840.00 42WSDC WATER SYSTEM CHARGE l~~ $2690.00 08BACR BLDG. PERMIT APP. FEE CREDIT 1-~ 1313890032251000000 $-126.6._~5 Total $10530.27 - Continued - MAY 1 3 2003 Collier County Board of County Commissioners Printed:4/23/2003 1:03:25 PM CD-Plus for Windows 95/NT Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt ITrans Number I Date Post Date Payment Slip Nbr 355750 1 9/6/2002 2:24:03 PM 9/6/2002 PT 2002022057 Payments I Payment Code Account/Check Number I Amount[ CHECK 3076 $10530.27 Total Cash I $0-00 I Total Non-Cash I $10530.27 I Total Paid f $10530.27 1 Memo: Cashier/location: MCCAULEYKATY / 1 User: DIAZ_M MAY 1 3 2003 Collier County Board of County Commissioners Print~_':4/2~ PM ~ CD-Plus for Windows 95/NT our £oundation January 20, 2003 s ~ o ~ ~ ~ s ~ o ~, T~ ~ t Collier County Government c0 ~t~',~t ATT: Judy Pugh C0~,ITY 0tVtt0PSE~T 2800 N. Horseshoe Dr. Naples, FL 34104 2043 Re: Permit #2002022038 Trade Center Way Santol'ini Lot # 15 Naples, Florida 34109 941-591-1116 Dear Ms. Ptlgh: Fax 941-591-8609 We are requesting a permit cancellation and permit/impact fee refund on the above-mentioned CC C026685 Dgl-lllit/JOt The unit we had projected to build on this lot had sales cancellation and was not - marketable. In order to put a new unit on this lot, we will need to re-pexmit under the new codes and sell to build. This could take several months, so we are requesting a permit cancellation and permit fee and impact fees refund. Thank you for your attention to this matter. Very~ John~. Soave i ent CG C026685 Cc: Washington Permitting / JFS Permitting Johnnie Gebhardt-Collier County (Sent separately) Michele Bundy-Accounts Receivable JFS JFS/dam STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me on this 20_=~~ day of ~ 2003, by J~ohn F. Soave, who is personally known to me. ;'~ ~. ~ . ~'k~'~ l~/Co~i~n~Novg.~6 [ ~'inted name of Notary Public j Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Numb.er Date Post Date I Payment Slip Nbr 355745 9/6/2002 2:21:16 PM 9/6/2002 t PT 2002022038 Address: 3127 SANTORINI CT Owner: OLDE CYPRESS DEV LTD COA #: DRI Permit Type: BR2 Job Desc: S/F ATTACHED-CBS-150 AMPS Applicant: JIMMY WASHINGTON DBA: JOHN F. SOAVE, INC. Swr Meter: NC Wtr Meter: CC Payor · SANTORINI Fee Information Fee Code Description GL Account Amount Waived 08BCAI BLDG.CODE CERT. SURCHARGE 11300000020882000000 $12.67 08BPNP BLDG PERMITS- NAPLES 11313890032211000000 S796.00 08CPNP COMMUNITY/REGIONAL PARKS IMPING4615640236399000000 $571.02 08EMSl EMS IMPACT FEES UNINC. 35014047036385000000 $104.00 08JAIL JAIL IMPACT FEE 38111043036380100000 S117.98 08LIBR LIBRARY IMPACT FEE-UNINC. 35515619036399200000 S238.00 08MFR1 DIST 1 ROAD IMPACT FEE-MULTI-F 33116365036353000000 $1512.00 08MFSG MICROFILM SURCHARGE 11313890034144200000 $3.81 08NNIM NORTH NAPLES FIRE IMPACT 11300000020981000000 S379.95 08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 $12.67 08RGPK REGIONAL/COMMUNITY PARK IMPACt'4615640236399000000 $249.82 08SCHI SCHOOL BOARD IMPACT FEE i 11300000020905000000 S827.00 42MTTP COUNTY METER TAP CHARGE i 40825321234332000000 $302.00 42SSDC SEW ER SYSTEM CHARGE 41326361134356000000 $2840.00 42WSDC WATER SYSTEM CHARGE 41127351134336000000 $2690.00 08BACR 'BLDG. PERMIT APP. FEE CREDIT 11313890032251000000 S-126.65 00CKOV CHECK OVERAG E-CDS i 11300000011542000000 $16.44 Total $10530.27 - Continued - MAY I 3 2003 Collier County Board of County Commissioners Printec ~/23/1~;~3 1.nq.nq PM J CD-Plus for Windows 95/NT - Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt P~ Date ~ Nbr ! Trans Number ~ : 16 PM I 9/6/20---~ ~0~-~ [3~ ,9/6/2002 2:21 Payments ~t Code Ac[_~_~_0_u n t/C hec k N u m b e r t Am°untt $10546.71 t CHECK 13078 Total Cash I $0.00 Total Non-Cash t $10546.71 Total Paid I $10546.71 Memo: Cashier/location: MCCAULEYKATY / 1 User: HAY 1 3 2003 Collier County Board of County Commissioners PrintE CD-P/us for Windows 95/NT Oualitll is our £oundation January 20, 2003 cusTo~ ~ES~0ENmt Collier County Government co~c~t ATT: Judy Pugh co~uN~ D~v~t0~T 2800N. Horseshoe Dr. Naples, FL 34104 2043 Re: Permit #2002022016 Trade Center Way Sant~rl~ Lot #16 Naples, Florida 34109 9~-~9~4ne Dear Ms. Pugh: F~ 941-591-8609 We are requesting a permit cancellation and permit/impact fee refund on the above-mentioned CG C026685 permit/lot. The unit we had projected to build on this lot had sales cancellation and was not marketable. In order to put a new unit on this lot, we will need to re-per,it under the new codes and sell to build. This could take several months, so we are requesting a permit cancellation and permit fee and impact fees refund. Thank you for your attention to this matter. Very truly yours, John F, ve~" CG ~026685 Cc: Washington Permitting / JFS Permitting Johnnie Gebhardt-Collier County (Sent separately) Michele Bundy-Accounts Receivable JFS JFS/dam STATE OF FLORIDA COUNTY OF COLLIER The foregoing inslrument was acknowledged before me on this 20t~ day of J~uar~. 2003, by John F. Soave, who is personally known to me. ....... ~. ' ~9.:~2- ..~ iL Printed name of Notary Public ^GENOA ITEM, t co m Dmt, MAY 1:3 2003 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt 1 Trans Number IDate I Post Date 1 Payment Slip Nbr t 355761 9/6/2002 2:28:09 PM 19/6/2002 PT 2002022016 j Address: 3131 SANTORINI CT Owner: OLDE CYPRESS DEV LTD COA #: DRI Permit Type: BR2 Job Desc: S/F ATTACHED-CBS-200 AMPS Applicant: JIMMY WASHINGTON DBA: JOHN F. SOAVE, INC. Swr Meter: NC Wtr Meter: CC Payor: SANTORINI Fee Information Fee Code Description ! GL Account Amount/Waived 08BCAI BLDG.CODE CERT. SURCHARGE I11300000020882000000 $12.64 08BPNP BLDG PERMITS - NAPLES 111313890032211000000 $813.00 08CPNP COMMUNITY/REGIONAL PARKS IMPAG4615640236399000000 $571.02 08EMSl EMS IMPACT FEES UNINC. 35014047036385000000 $104.00 "- 08JAIL JAIL IMPACT FEE 38111043036380100000 $117.98 )8LIBR LIBRARY IMPACT FEE-UNINC. 35515619036399200000 $238.00 t i 08MFR1 DIST 1 ROAD IMPACT FEE-MULTI-F 33116365036353000000 $1512.00 i 08MFSG MICROFILM SURCHARGE 11313890034144200000 $3.81 i 08NNIM NORTH NAPLES FIRE IMPACT 11300000020981000000 $379.20 ! 08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 $12.64 ' 08RGPK REGIONAL/COMMUNITY PARK IMPACt4615640236399000000 $249.82 08SCHI ' SCHOOL BOARD IMPACT FEE i 11300000020905000000 $827.00 42MTTP COUNTY METER TAP CHARGE !40825321234332000000 $302.00 42SSDC SEW ER SYSTEM CHARGE 141326361134356000000 $2840.00 i 42WSDC ' WATER SYSTEM CHARGE t 41127351134336000000 $2690.00 ! 08BACR BLDG. PERMIT APP. FEE CREDIT t 1131389003~_2_51000000 $-126.40 Total $10546.71 - Continued - ----- MAY 1 3 2003 Collier County Board of County Commissioners PrintE :4/2::~~PM CD-Plus for Windows 95/NT - Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt ITrans Number 1 Date Post Date Payment Slip Nbr 355761 t 9/6/2002 2:28:09 PM 9/6/2002 PT 2002022016 Payments IPayment Code i Account/Check Number Amount CHECK 3079 $10546.71 Total Cash $0.00 ! Total Non-Cash $10546.71 Total Paid I S10546.71 Memo: Cashier/location: MCCAULEYKATY / 1 User: DIAZ_M IMAY 13 200:~ Collier County Board of County Commissioners Printed:L/pr~/¢nn · · _ CD-Plus for Windows 95/NT Quality is our foundation January 20, 2003 cus~o~ ~s~a~t Collier County Govmaunent c0Mat~c~st ATT: Judy Pugh COM~U,IX¥ DtVELOP~E~IT 25001q. Horseshoe Dr. Naples, FL 34104 2043 Re: permit 82002023652 Trade Center Way Santorini Lot #17 Naples, Florida 34109 941-591-1116 ~ar Msi Fax 941-591-8609 We arc requesting a permit cancellation and permit/impact fee refund on the above-mentioned cc c02eess permit/lot. The unit we had projected to build on this 1ot had sales cancellation and was not - marketable. In order to put a new unit on this lot, we will need to re-1~iaiit under thc new codes and sell to build. This could take several months, so we are rextuesting a permit cancellation and permit fee and impact fees refuncL Thank you for your attention to this matter. Very truly yours, JohnE w~ Presi~nt CG C026655 Cc: Washington Pcrmitfng / JFS Permitting Joknnie Gebhardt-Collier County (Sent separately) Mich¢le Bundy-A¢¢ounts Receivable JFS JFS/d~m STATE OF FLORIDA COUNTY OF COLLIER The foregoing insmxment was acknowledged before me on this 20._ff.~ day of ~ 2003, by John F. Soave, who is personally known to me. Printed name of Notary Pubtio MAY 1 3 2003 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt I Trans Number Date t Post Date Payment Slip Nbr 363023 10/7/2002 4:01:24 PMI 10/8/2002 PT 2002023652 Address: 3135 SANTORINI CT Owner: OLDE CYPRESS DEV LTD COA #: DRI Permit Type: BR2 Job Desc: S/F ATTACHED-CBS-200 AMPS Applicant: JIMMY WASHINGTON DBA: JOHN F. SOAVE, INC. Swr Meter: NC Wtr Meter: CC Payor: SANTORINI Fee Information Fee Code Description GL Account Amount ~ Waived 08BCAI BLDG.CODE CERT. SURCHARGE 11300000020882000000 S12.59 08BPNP BLDG PERMITS - NAPLES 11313890032211000000 S813.00 08CPNP COMMUNITY/REGIONAL PARKS IMP/,G4615640236399000000 S571.02 08EMSI EMS IMPACT FEES UNINC. 35014047036385000000 $104.00 08JAIL JAIL IMPACT FEE 38111043036380100000 $117.98 18LIBR LIBRARY IMPACT FEE-UNINC. 35515619036399200000 S238.00 08MFR1 DIST 1 ROAD IMPACT FEE-MULTI-F 33116365036353000000 $1512.00 08MFSG MICROFILM SURCHARGE 11313890034144200000 S3.78 08NNIM NORTH NAPLES FIRE IMPACT 11300000020981000000 $377.55 08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 S12.69 i 08RGPK REGIONAL/COMMUNITY PARK IMPACt4615640236399000000 $249.82 08SCHI SCHOOL BOARD IMPACT FEE 11300000020905000000 , $827.00 42MTTP COUNTY METER TAP CHARGE 40825321234332000000 i $302.00 ', 42SSDC SEWER SYSTEM CHARGE ' 41326361134356000000 $2840.00 ' 42WSDC WATER SYSTEM CHARGE 41127351134336000000 $2690.00 08BACR BLDG. PERMIT APP. FEE CREDIT 11313890032251000000 $-125.85 Total $10545.48 - Continued - MAY 1 3 2003 Collier County Board of County Commissioners PrintE ~:4/23/2003 1:02:21' PM~ CD-Plus for Windows 95/NT Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt fTrans Number t Date -~ Post Date ~r 363023 10/7/2002 4:01:24 PM 110/8/2002 ] PT 2002023652 Payments [Payment Code I Account/Check Number I Amount '1 $10545.48 t ~ CHECK ,3151 Total Cash t $0'00t Total Non-Cash $10545.48 Total Paid ! $10545.481 Memo: Cashier/location: MCCAULEYKATY / 1 User: CRONBERG_D MAY 1 3 2003 Collier County Board of County Commissioners PrintE t:4/2~¢'2~003 1:92:2! PM, CD-Plus for Windows 95/NT Qualit~ is our foundation Januaw 20, 2003 CUST0~ tES~0~NT~At Collier County Government ro~E ~r ~At ATT: Judy Pugh C0SMU~TY 0EV~t0~ 2800 N. Horseshoe Dr. Naples, FL 34104 2043 Re: Permit #2002023653 Trade Center Way Solltorini Lot # 18 Naples, Florida 34109 941-591-1116 Dear Ms. Pugh: Fa~ 941-591-8609 We are requesting a permit cancellation and permiffimpact fee refund on the above-mentioned cc c0~ss l~tmit/lot. The unit we had projected to build on this lot had sales cancellation and was not marketable. In order to put a new unit on this lot, we ~dll need to re-permit under the new codes and sell to build. This could take several months, so we are requesting a permit cancellation and permit fee and impact fees refund. Thank you for your attention to this matter. Very truly yours, John F. e~~~ Presid~tff CG C~6685 Cc: Washington Permitting / JFS Permitting Johnni¢ Gebhardt-Collier County (Sent separately) Michele Bundy-Ac¢ounts Receivable JFS JFS/dam STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me on this 20t~. day of January 2003, by John F. Soave, who is personally known to me. %~,~ comn~on ~ D~162~ [' PrLnted n_a_me of Notary Public MAY 1 3 2003 -Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt -~ns Number ~_Date ~ Date ~r 3--~2~ '~ 1-'~/2002 4:02:04 PM [ 10/8/2~ I PT 2002023653 Address: 3139 SANTORINI CT Owner: OLDE CYPRESS DEV LTD COA #: DRI Permit Type: BP2 Job Desc: S/F ATTACHED-CBS-200 AMPS Applicant: JIMMY WASHINGTON DBA: JOHN F. SOAVE, INC. Swr Meter: NC Wtr Meter: CC Payor: SANTORINI Fee Information FLE_e~_ Code Description I GL Account Amount I Waived '-BLDG.CODE CERT. SURCHARGE ~_11300000020882000000 ~ ' 08B~-~ ~1~~' .~ 1313890032211000000 $796.00t 08BPNP 08CPNP COMMUNITY/REGIONAL PARKS iMp/~-~--6~ 5640236399000000 S571.02' 08EMSI ~ ~ ~ ~ t 3--~0-'~ 4047036385000000 $104.00 08JAIL JAIL IMPACT FEE ~-38111043036380100000 $117.98 '~GLIBR -'~-BRARY IMPACT FEE-UNINC. i---~35515619036399200000 $238.0_0 __ $1512.00 08MFR1 -DIST I ROAD IMPACT FEE-MULTI-F ~__~_16365036353000000 08MFSG ~MICROFILM SURCHARGE ~ $3.8' 08NNIM NORTH NAPLES FIRE IMPACT ~ $379.95 08RDGS BLDG. PERMIT SURCHARGE 111300000020880000000 S12.67 -08RGPK -~EGIONAL/COMMUNITY PARK IMPAG~4615640236399000000 $249.82 $827.00 ~ SCHOOL BOARD IMPACT FEE ~ 142MTTP -~-OUNTY METER TAP CHARGE ~ $302.0_~0 E42SSDC SEWER SYSTEM CHARGE ~ $2840.00 142WSDC WATER SYSTEM CHARGE L~_~735113433600°_°_°_0_ $2690.00 i08BACR -BLDG. PERMIT APP. FEE CREDIT 111313890032251000000 $-126.6_~5 ~ Total $10530.27 Continued - 14A¥ 1 3 2003 Collier County Board of County Commissioners Printed: ~,-¢/,,uu¢ ~:u~,:u,~ rlw CD-Plus for Windows 95/NT Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number IDate I Post Date 1 Payment Slip Nbr 363024 I10/7/2002 4:02:04 PM 10/8/2002 PT 2002023653 Payments Payment Code t Account/Check Number I Amount CHECK 13151 t $10530.27 Total Cash $0.00 Total Non-Cash $10530.27 Total Paid S10530.27 Memo: Cashier/location: MCCAULEYKATY / 1 User: DIAZ_M HAY 1 3 2003 Pi[. ~)"~[~ Collier County Board of County Commissioners Printed:4! CD-Plus for Windows 95/NT Quality is our foundation FebruaD' 26, 2003 ~' ~" ~' "~ ~' ~' ~' Collier County Government ": ':" ~' ~" ~ ATT: Judy Pugh ~'..' '' · '~ '-: ~' ;. '~,: 2800 N. Horseshoe Dr. Naples, FL 34104 2043 R~: Permit//2002023670 Trade Center Way Santorini Lot//40 Naples, Florida 34109 941-591-1116 Dear Ms. Pugh: Fax 941-591-8609 We are requesting a permit cancellation and permit/impact fee refund on the above-mentioned cc c0266ss permifflot. The unit we had projected to build on this lot had sales cancellation and xvas not ~ marketable. In order to put a new unit on this lot, we will need to re-permit under file new codes and sell to build. This could take several months, so we are requesting a permit cancellation and permit fee and impact fees refund. Thank you for your attention to this matter. Vers~uts' Jotm,~:~rgoave ere~(ent C~C026685 Cc: Washington Permitting / JFS Permitting Alamar Smiley-Colher Count3, (Sent separately) Michele Bundy-Accounts Receivable JFS JFS/dam STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was aclmowledged before me on this 26th da5' of February 2003, by John F. Soave, who is personally knmvn to me. f Signature of ~-~tar~Pu~]ic ~ Notary Public - State of Florida ~ Printed name of Notary Public I~y Cornm~k)n Expires NOV 9. 2006 [ Commtsslon#DD162868 r HAY 1 3 2003 Bondecl By Nat~c, not Notary Asm, J Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt I Trans Number Date Post Date IPayment Slip Nbr i 372180 11/20/2002 1:34:17 PM 11/20/2002 t PT 2002023670 Address: 3130 SANTORINI CT Owner: COA#: 02-2891 Permit Type: BR2 Job Desc: S/F CBS 1STRY ATT 200AMP Applicant: DROP OFF DBA: JOHN F. SOAVE, INC. Swr Meter: NC Wtr Meter: CC Payor: SANTORINI VILLAS Fee Information Fee Code Description GL Account Amount Waived 08BCAI BLDG.CODE CERT. SURCHARGE 11300000020882000000 $14.56 08BPNP BLDG PERMITS - NAPLES 11313890032211000000 $813.00 08CPNP COMMUNITY/REGIONAL PARKS IMP/~G4615640236399000000 $571.02 08EMSI EMS IMPACT FEES UNINC. 35014047036385000000 $104.00 08JAIL JAIL IMPACT FEE 38111043036380100000 $117.98 08LIBR LIBRARY IMPACT FEE-UNINC. 35515619036399200000 $238.00 08MFR1 DIST 1 ROAD IMPACT FEE-MULTI-F 33116365036353000000 $1512.00 , 08MFSG MICROFILM SURCHARGE 11313890034144200000 $4.38 ~ 08NNIM NORTH NAPLES FIRE IMPACT 11300000020981000000 $436.65 08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 $14.56 08RGPK REGIONAL/COMMUNITY PARK IMPACt'4615640236399000000 $249.82 i 08SCHI SCHOOL BOARD IMPACT FEE 11300000020905000000 $827.00 42MTTP COUNTY METER TAP CHARGE 40825321234332000000 $302.00 ! 42SSDC SEWER SYSTEM CHARGE 41326361134356000000 $2840.00 41127351134336000000 , $2690.00 ',42WSDC WATER SYSTEM CHARGE I 08BACR , BLDG. PERMIT APP. FEE CREDIT [ 11313890032251000000 $-145.55 Total $10589.42 - Continued - NAY 1 3 2003 Collier County Board of County Commissioners Printe ..... CD-Plus for Windows 95/NT Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt pb~ Date ~ Nbr Number ~ ~-~0/~2 ~6'~'-~ 37218~ ~ 11/20/2002 1:34:17 PM Payments Payment Code 1 Account/Check Number [ Am°untt I CHECK 13260 $10589.42 Total Cash I $0.00 Total Non-Cash [ $10589.42 Total Paid I $10589.421 Memo: Cashier/location: MCCAULEYKATY / 1 User: CRONBERG_D J MAY132003 Collier County Board of County Commissioners Printed:Z~-22/21~'~''PM CD-Plus for Windows 95/NT Quality i~ our foundation February 26, 2003 ~:': ~'~ ' ~; :'~ :~ ~": Collier County Government ': ~: ': "~ ! ~ :" ATT: Judy Pugh ':: ~': :: t' .... -' ~" ~: ': :;'. '. 2800 N. Horseshoe Dr. Naples, FL 34104 2043 Re: Permit #2002022022 Trade Center Way Santorini Lot #27 Naples, Florida 34109 941-591-1116 Dear Ms. Pugh: Fax 941-591-8609 We are requesting a permit cancellation mid permit/impact fee refund on the above-mentioned CG C026685 permit/lot. The unit we had projected to build on this lot had sales cancellation and was not marketable. In ord~ to put a new milt on this lot, we will need to re-permit under the new codes and sell to build. This could take several months, so we are requesting a permit cancellation and permit f~ and impact fees refund. Thank you for your attention to this matter. Very truly yours, John~oave" Pr~iflent C~?/C026685 Cc: Washington Permitting / JFS Permitting Alamar Smiley-Collier County (Sent separately) Michele Bundy-Accounts Receivable JFS JFS/dam STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknovvledged before me on this 26t~ da3' of February 2003, by John F. Soave, who is personally known to me. Sigmature of N~tary'-~ubli~ ~ o~ put> ¢- s o e o o oa Debra A. Mansfield MvC~nEx~c~Novg. 2006 Printed name of Notary Public -~ -- Commission # DD1628~ -Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt 9/6/2002 2:27:19 PM J 9/6/20--~ ~0-~ L35575~ Address: 3182 SANTORINI CT Owner: OLDE CYPRESS DEV LTD COA #: DRI Permit Type: BP2 Job Desc: SIF ATTACHED-2 STRY-CBS & FRM-200 AMPS Applicant: JIMMY WASHINGTON DBA: JOHN F. SOAVE. INC. Swr Meter: NC Wtr Meter: CC Payor: SANTORINI Fee Information -Fee Code Description .[GL Account Amount Waived $16.83 08BCAI BLDG.CODE CERT. SURCHARGE 111300000020882000000 08BPNP BLDG PERMI~AP LE~E~~- ~ 313890032211000000 $894.00 08CPNP COMMUNITY/REGIONAL PARKS IMPAG4615640236399000000 $571.02 r- 08EMSI -~MS IMPACT FEES UNINC. 1 35014047036385000000 $130.00 i 08JAIL JAIL IMPACT FEE !38111043036380100000 $117.98 $299.00 .08LIBR LIBRARY IMPACT FEE-UNINC. 35515619036399200000 i 08MFSG MICROFILM SURCHARGE I11313890034144200000 $5.07t i )SNNIM NORTH NAPLES FIRE IMPACT 111300000020981000000 $504'90/ r 08RDGS BLDG. PERMIT SURCHARGE / 11300000020880000000 . $16.83 I $249.82t $827.00 ~ 08RGPK t REGIONAL/COMMUNITY PARK IMPACt,'4615640236399000000 08SCHI 1 SCHOOL BOARD IMPACT FEE i 11300000020905000000 42MTTP I COUNTY METER TAP CHARGE 140825321234332000000 $302.00 ' 42SSDC ! SEWER SYSTEM CHARGE t 41326361134356000000 $2840.00 ~ 42WSDC WATER SYSTEM CHARGE 141127351134336000000 $2690.00 i BLDG. PERMIT APP. FEE CREDIT I 11313890032251000000 $-168.30 i08BACR 08MFR1 i DIST I ROAD IMPACT FEE-MULTI-F 133116365036353000000 $1512.00 Total $10808.15 - Continued - MAY 1 3 2003 CD-Plus for Windows 95/NT Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number I Date Post Date Payment Slip Nbr 355759 1 9/6/2002 2:27:19 PM 9~6/2002 PT 2002022022 Payments I Payment Code Account/Check Number Amount [CHECK 3081 $10808.15 Total Cash $0.00 I Total Non-Cash $10808.15 Total Paid [ S10808.15 1 Memo: Cashier/location: MCCAULEYKATY / 1 User: DIAZ M MAY 1 3 2003 Collier County Board of County Commissioners Printe¢ :.4,' '2.2'20uo ,+:4u: 15 PM CD-Plus for Windows 95/NT Quality is our foundation February 26, 2003 ~ : ~' :'~ ;'~ ~'~"~ Collier County Government ::~" ~: :' ATT: Judy Pugh ,,:: ~':, : ~.,' :'~:,: :-~': 2800 N. Horseshoe Dr. Naples, FL 34104 2043 Re: Permit #2002023674 Trade Center Way Salltorilti Lot #41 Naples, Florida 34109 941-501-1n6 Dear Ms. Pugh: Fax 941-591-8609 We are requesting a permit cancellation and permit/impact fee refund on the above-mentioned cc c0266ss permifflot. The unit we had projected to build on this lot had sales cancellation and was not '-"-' marketable. In order to put a new unit on this lot, we will need to re-permit under the new codes and sell to build. This could take several months, so we are requesting a permit cancellation and permit fee and impact fees refund. Thank you for your attention to this matter. Very ~ cPr~sff~2668i''~t 5 Cc: Washington Permitting / JFS Permitting Alamar Smiley-Collier County (Sent separately) Michele Bundy-Accounts Receivable JFS JFS/dam STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me on this 26~h da3' of February 2003, by John F. Scare, who is personalb, known to me. Signature of'~otar'~ Pu"bli¢ B I .'~- Uotory Public- Siate of Florida ~k [qO._~[ {~ ~1 i{¢i j~-Y.I)_:"-: ~Cormi~nbOt~Nov*.:l:10S [ Printed name of Notary Public ~ )l ( ~%~.;~ Comrnlsslon ii DD162888 · 4 MAY 1 3 2003 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt 363190 10/8/2002 1:14:39 PM 10/8/2002 PT 2002023674 Address: 3126 SANTORINI CT Owner: COA#: 02-2886 Permit Type: BR2 Job Desc: S/F CBS 2STRY ATT 150AMP Applicant: DROP OFF DBA: JOHN F. SOAVE, INC. Swr Meter: NC Wtr Meter: CC Payor · SANTQRINI Fee Information Fee Code Description GL Account Amount Waived 08BCAI BLDG.CODE CERT. SURCHARGE 11300000020882000000 $16.83 08BPNP BLDG PERMITS - NAPLES 11313890032211000000 $874.00 08CPNP COMMUNITY/REGIONAL PARKS IMP,~,G4615640236399000000 $571.02 08EMSl EMS IMPACT FEES UNINC. 35014047036385000000 $130.00 08JAIL JAIL IMPACT FEE 38111043036380100000 $117.98 08LIBR LIBRARY IMPACT FEE-UNINC. 35515619036399200000 $299.00 08MFR1 DIST 1 ROAD IMPACT FEE-MULTI-F 33116365036353000000 $1512.00 08MFSG MICROFILM SURCHARGE 11313890034144200000 $5.07 08NNIM NORTH NAPLES FIRE IMPACT 11300000020981000000 $504.90 08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 $16.83 08RGPK REGIONAL/COMMUNITY PARK IMPA(;~'4615640236399000000 S249.82 08SCHI SCHOOL BOARD IMPACT FEE I 11300000020905000000 $827.00 42MTTP COUNTY METER TAP CHARGE 1 40825321234332000000 $302.00 42SSDC SEWER SYSTEM CHARGE 41326361134356000000 $2840.00 .42WSDC . WATER SYSTEM CHARGE 41127351134336000000 ~ $2690.00 ' 08BACR BLDG. PERMIT APP. FEE CREDIT 11313890032251000000 t $-168.30 Total $10788.15 - Continued - ( MAY 1 3 200'~ Collier County Board of County Commissioners Printed', 003 4:48:59-PM CD-Plus for Windows 95/NT Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt 363190 10/8/2002 1:14:39 PM 101812002 PT 2002023674 Payments Payment Code Account/Check Number Amount CHECK 3152 $10589.42 CHECK 3153 $198.73 Total Cash [i $0.00 Total Non-Cash $10788.15 Total Paid I $10788.15i Memo: Cashier/location: MCCAULEYKATY / 1 User: DIAZ_M ~4A¥ 1 3 2003 Collier County Board of County Commissioners PrintE .......,~u,> ,,:,~o:o~ CD-P/us for Windows 95/NT EXECUTIVE SUMMARy APPROVAL OF THE DESIGN AND PURCHASE OF BUS STOP SHELTERS AND ACCESSORIES AND THE PROPOSED LOCATIONS FOR THE ORANGE AND GREEN ROUTES OF THE COLLIER AREA TRANSIT (CAT) OBJECTIVE: To obtain Board of County Commissioners approval of a bus shelter design for the East Naples Area of the Collier Area Transit service, the purchase of bus shelters and accessories, and the approval of the proposed locations for the shelters. CONSIDERATIONS: Collier Area Transit staff recommends that bus shelters be installed at the following locations on the Orange and Green routes which are high pick-up and drop-off areas for bus riders: ROUTE #2 LOCATION Orange Goodlette-Frank Road - Between Goodlette Arms Apartments and the Post Office. Thomasson Drive - Approximately one half mile south of Tamiami Trail East Thomasson Drive - Near intersection of Thomasson Drive and Bayshore Road. ROUTE #4 Green Rattlesnake Hammock Road- Approximately one quarter mile east of Tamiami Trail East. Airport Road - In front of the Collier County Government Center; approximately one quarter mile north of Tamiami Trail East. Airport Road- Near intersection of Glades Boulevard. Collier Boulevard - At Freedom Square Shopping near intersection of Tamiami Trail East. Edison College - Parking area at the entrance. The Orange and Green Routes are primarily located within the East Naples area and the shelter design recommendation was reviewed with members of the East Naples Community and the District #1 Commissioner. Staff recommends the purchase of the bus shelters from Contract Connection inc., and utilizing Palm Beach County Bid #02-053/MM. Staff recommends the purchase of bus shelter accessories, such as benches, bike racks and trash cans from Contract Connection inc. and utilizing the City of Jacksonville Bid # SC-0463-00. ~,~ ~, FISCAL IMPACT: Funds in the amount of $80,338.00 are available in the Fund 11 - 163645. · AGENDA ITEM No, HAY 1 3 2003 Pg. ~ GROWTH'MANAGEMENT IMPACT;. This is consistent with the Transportation Element of the Growth Management Plan to promote transit in Collier County. RECOMMENDATION_: That the Board of County Commissioners approve the design of bus ~,helters for the recommended locations, the purchase of bus shelters and accessories from Contract Connection inc., and associated budget amendments. Prepared by: _ ./ ? P' " ' '_- . . _, ~~'own, Public -[-ranspor~a[ion vlanner Reviewed by:'~ ~., ..... od~s ~rtee~tor'''/ ~$ ~?''~ Diane B. ~agg, Alternative/ransportat~on M .~ , ~//~, ~ Date: A roved by t'~. Feder, Transportation Services Administrator PP 'NOrma AGENDA ITEM No,_ tL,~,~ ~ MAY 13 2003 pg. 7~ MAT 13 2003 Pg._ -~ _ AGENDA ITEM HAY i 3 2003 _Pg._ '~ EXECUTIVE SUMMARY APPROVE A REVISED RIGHT-OF-WAY PERM1T AND INSPECTION FEE SCHEDULE FOR THE TRANSPORTATION OPERATIONS DEPARTMENT. OBJECTIVE: To request the Board approval of a revised Right-of-way Permit and Inspection fee schedule. CONSIDERATION: The Board approved the current fee schedule on December 2, 2002, after staff conducted extensive workshops and presented supporting documents, justifying the need for the requested fee adjustment. Over the past few months, staff has encountered several situations where the current fees do not address some activities requested on permit applications. In addition, the recently approved Agreement for review and approval of Florida Department of Transportation (FDOT) Drainage Permits in Collier County has added new work items that were not previously addressed in the fee schedule. Exhibit Al (Attachments Nos. 1 and 2), outlines in detail the changes staff is proposing to the current fee schedule. Implementation of the proposed modifications will enable the department to cover all situations, which require Right-of-way permits including FDOT Drainage Permit applications. ~/FISCAL IMPACT: The current estimated annual cost to operate the Right-of-way Permit and Inspection Section is about $510,000. The proposed changes are consistent with the Board's goal for this section to be self-supporting. Staff estimates that the proposed revisions, assuming a consistent demand for permits and the associated review remains relatively constant, will cover all operating costs for the section. GROWTH MANAGEMENT IMPACT: There is no growth management impact from this proposed change in fee schedules. RECOMMENDATION: That the Board approve the proposed revised fee schedule and authorize the Chairman to sign the attached Resolution. SUB~D B¥: MitD ,~~per,tion, DepartmDentATE: · Ed~dy~ant, ~E~~perations Department Director / ~~lachments: No.l/:xTit~A'lF(:2111~i;i:i:Tir~rtatiOn Services Administrator AGENDA No. 2 - Exhibit Al (for publication) NO, i~/15 '~_ No. 3 - Resolution - MAY 1 3 2003 PO- Exhibit "Al" Right-of-way Permits Type Residential Non-residential Small Large Right-of-way Construction $ 150.00 $ 600.00 $1500.00 Work in the ROW (Without Lane Closures), $ 50.00 $ 100.00 Cost Per Day Miscellaneous Events $ 100.00 PSC Regulated Franchise Utility $100.00 Application Fee + $50/Day Renewal~lodification of unexpired or *_$100.00 $ 300.00 $ 750.00 incomplete Permit Re-inspection-First $ 100.00 $ 100.00 $ 100.00 Second $ 150.00 $ 150.00 $ 150.00 Third $ 200.00 $ 200.00 $ 200.00 All subsequent inspections $ 250.00 $ 250.00 $ 250.00 Jack-and-Bore/Directional Bore $ 250.00 $ 500.00 $1000.00 Open-cut Construction $1000.00 $1000.00 $1000.00 Sprinkler Head Placement inR/W $ 50.00 $ 109.00 $ 250.00 150.00 Turn Lane Construction N/A $ 750.00 $1500.00 County Engineering review on behalf of $ 150.00 $ 600.00 FDOT Drainage Permit, No Discharge into State System County Engineering review on behalf of $ 600.00 $ 1500.00 FDOT Drainage Permit, with Discharge into. State System After-the-Fact Permit 4 X Normal Fee ($6000.00 max) * If the Renewal/Modification does not require additional staff.time and field check (unexpired permit only), there will not be any fees chained - MAY '1 3 20 - Page 1 of 3 pg. Z *Right-of-way Permit Notes: 1. Small commercial development for FDOT Drainage Permits (only) shall be considered sites with two (2) acres or less. 2. Small Commercial Development shall be defined as a non-residential (single- family or duplex) project generating 600 vehicles trips per day or less. 3. Large Commercial Development shall be defined as a non-residential (single- family or duplex) project generating greater than 600 trips per day. 4. A right-of-way use fee of $800.00 per day shall apply to all non-residential projects requiring a lane closure on a major roadway. A major roadway is defined herein as being one of the following Collier County maintained roadways: Roadway Name From T~o Immokalee Road Tamiami Trail North (US 41 ) Collier Boulevard Vanderbflt Beach Road Tamiami Trail North (US 41) Collier Boulevard Pine Ridge Road Tamiami Trail North (US 41 ) Collier Boulevard Golden Gate Parlc~y Tamiami Trail North (US 41 ) Collier Boulevard Radio Road Airport Road Davis Boulevard Rattlesnake Hammock Road Tamiami Trail East (US 41) Collier Boulevard Tamiami Trail East (SR 90) Davis Boulevard Collier Boulevard Tamiami Trail North (SR 45) Lee County. Line Creech Road Davis Boulevard US 41 East Collier Boulevard Goodlette-Fmnk Road Tamiami Trail East (US 41) Immokalee Road Airport Road Tamiami Trail East (US 41 ) Immokalee Road Livingston Road Radio Road Lee County. Line Santa Barbara Boulevard Davis Boulevard Green Boulevard Logan Boulevard Green Boulevard Lee County Line Collier Boulevard Judge Jolley Bridge Immokalee Road SR 29 Ever[~lades City Glades Coun .t? Line SR 82 SR 29 Lee Coun~ Line Exhibit "Al" (continued) 45. The minimum right-of-way use fee shall be for a two-day duration. No refunds of unused fees shall be allowed. -5:6. Lane use fees shall be calculated by Collier County and shall be due and I payable at the time of permit application ifa permit is issued. Ifa Notice of Intent to Issue a permit is provided by the County in lieu of a permit, then the lane use fee shall be due and payable at the time of issuance of the actual permit. ' AGE, NlrA ITE~ No. MAY 13 2003 Page 2 of 3 6:.7. A discount to the right-of-way use fee will apply for work performed during --the months of April through January. The discount will be 50% ($400 per day) during the months of January and April, 75% ($200 per day) during the months of May and December, and 87V2 % ($100 per day) during the months of June through November. The calculation of any discount shall be based upon the actual start date of construction. ~8. If work continues beyond the originally estimated lane use period, then ~additional lane use fees shall be due and payable within two working days of notice to the Permittee of such additional fees. Failure to provide the additional fees to the County within three working days of such notice shall be cause for the project to be "red-tagged" and shut down. Lane use fees shall continue to accrue during any period of shutdown and shall be added to the additional lane use fees calculated by Collier County. ~9. Additional lane use fees as calculated under Note 5 above shall be assessed at ~the rate of 150% per day for the additional period. Ifa third extension of the permit is required, then such extension shall be computed at the rate of 200% per day of such extension. Charges for any period of suspension shall accrue at the higher rate. -*-'- AGENDA ITEM No, HAY 13 2003 Page 3 of 3 Exhibit "Al" Right-of-way Permits Type Residential Non-residential Small Large Right-of-way Construction $ 150.00 $ 600.00 $1500.00 Work in the ROW (Without Lane Closures), $ 50.00 $ 100.00 Cost Per Day Miscellaneous Events $ 100.00 PSC Regulated Franchise Utility $100.00 Application Fee + $50/Day Rene~val/Modification of unexpired or *$ 100.00 $ 300.00 $ 750.00 incomplete Pex mit Re-inspection-First $ 100.00 $ 100.00 $ 100.00 Second $ 150.00 $ 150.00 $ 150.00 Third $ 200.00 $ 200.00 $ 200.00 All subsequent inspections $ 250.00 $ 250.00 $ 250.00 Jack-and-Bore/Directional Bore $ 250.00 $ 500.00 $1000.00 Open-cut Construction $1000.00 $1000.00 $1000.00 Sprinkler Head Placement in R/W $ 50.00 $ 150.00 $ 250.00 Turn Lane Construction N/A $ 750.00 $1500.00 County Engineering review on behalf of $ 150.00 $ 600.00 FDOT Drainage Permit, No Discharge into State System ** County Engineering review on behalf of $ 600.00 $ 1500.00 FDOT Drainage Permit, with Discharge into State System After-the-Fact Permit 4 X Normal Fee ($6000.00 max) * If the Renewal/Modification does not require, additional statTtime and field check (unexpired permit only), there will not be any fees charged **Development two (2) acres or less are considered small AGENDA_ ITEM No, I~/-~ MAY 13 2003 Page 1 of 2 Right-of-way Permit Notes: 1. Small commercial development for FDOT Drainage Permits (only) shall be considered sites with two (2) acres or less. 2. Small Commercial Development sha~l be defined as a non-residential (single-family or duplex) project generating 600 vehicles trips per day or less. 3. Large Commercial Development shall be defined as a non-residential (single-family or duplex) project generating greater than 600 trips per day. 4. A right-of-way use fee of $800.00 per day shall apply to all non-residential projects requiring a lane closure on a major roadway. A major roadway is defined herein as being one of the following Collier County maintained roadways: Roadway Name From T_~o Immokalee Road ~ Tamiami Trail North US 41(_~..~ Collier Boulevard Vanderbilt Beach Road Tamiami Trail North ~ Collier Boulevard Tamiami Trail North ~ Collier Boulevard ~Road Golden Gate Parkway._ Tamiami Trail North US 41..~.U__S..41)~ Collier Boulevard Davis Boulevard Radio Road AirJ)ort Road Rattlesnake Hammock Road Tamiami Trail East US 41.~.~_~ Collier Boulevard Tamiami Trail Eas~ Davis Boulevard Collier Boulevard Tamiami Trail North ~ '- Lee County Line Creech Road --Davis Boulevard US 41 East Collier Boulevard Goodlette-Frank Road Tamiami Trail East ~ -- Im~nokalee Road ?_port Road Tamiami Trail East US 41._(.~_~~ Immokalee Road ~ton Road _._._._.___. Radio Road Lee Count~ Line Santa Barbara Boulevard Davis Boulevard Green Boulevard Green Boulevard -- Lee County Line ~ Boulevard -- Ju~ Immokalee Road Collier Boulevard Glades County Line --~R 29 ~ Lee County Line SR 82 SR 29 5. The minimum right-of-way use fee shall be for a two-day duration. No refunds of unused fees shall be allowed. 6. Lane use fees shall be calculated by Collier County and shall be due and payable at the time of permit application if a permit is issued. If a Notice of Intent to issue a permit is provided by the County in lieu of a permit, then the lane use fee shall be due and payable at the time of issuance of the actual permit. 7. A discount to the right-of-way use fee will apply for work performed dudng the months of April through January. The discount will be 50% ($400 per day) during the months of January and April, 75% ($200 per day) dudng the months of May and December, and 87½ % ($100 per day) during the months of June through November. The calculation of any discount shall be based upon the actual start date of construction. 8. If work continues beyond the originally estimated lane use period, then additional lane use fees shall be due and payable within two working days of notice to the Permittee of such additional fees. Failure to provide the additional fees to the County within three working days of such notice shall be cause for the project to be "red-tagged' and shut down. Lane use fees shall continue to accrue during any period of shutdown and shall be added to the additional lane use fees calculated by Collier County. 9. Additional lane use fees as calculated under Note 5 above shall be assessed at the rate of 150% per day for the additional period. If a third extension of the permit is required, then such extension shall be computed at the rate of 200% per day of such extension. Charges for any period of suspension shall accrue at the higher rate. AGENDA ITEM Page 2 of 2 MAY 1 3 2003 ] RESOLUTION NO. 2003- 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS, COLLIER COUNTY, FLORIDA, 5 APPROVING A REVISED SCHEDULE OF FEES FOR 6 RIGHT-OF-WAY PERMITS AS ORGINALLY SET FORTH 7 IN RESOLUTION NO. 2000-455 AND SUBSEQUENTLY s AMENDED IN COLLIER COUNTY RESOLUTION NO. 2002- 9 479. I0 11 12 WHEREAS, Collier County Resolution No. 2000455 established a schedule of 13 development related review and processing fees; and {-~ WHEREAS, Section E of Exhibit "A" of Resolution No. 2000455 had set forth the 15 fees to be charged for the permits for work within fight-of-way of Collier County; and 16 WHEREAS, Exhibit "Al" of Resolution No. 2002479 replaced Section E of Exhibit 17 "A" of Resolution No. 2000-455 and currently sets forth the revised fees to be charged for the I$ various types of permits for work within right-of-way of Collier County; and 19 WHEREAS, staff has full)' evaluated the costs of reviewing, inspecting, processing, and 20 evaluating these right-of-way permits, including Florida Department of Transportation's (FDOT's) 21 drainage permits; and 22 WHEREAS, the new or increased fees for certain development related activities 23 including, but not limited to, driveway connections, re-inspections, open-cut and jack-and-bore 24 construction, utility work, turn lane improvements, drainage permits (including FDOT's), and 25 irrigation are reflective of the actual cost of processing, reviewing, and inspecting such permit work. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 2s COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 29 The Board of County Commissioners hereby declares that the fees set forth in the 30 Amendment to the Revised Schedule of Fees for Right-of-way Permits, attached hereto and 31 incorporated herein as "Exhibit Al" are reasonable sums to be assessed to those who receive the 32 benefits of these services, reviews, and inspections required by the Land Development Code and the 33 Count), permitting process. 34 BE IT FURTHER RESOLVED, that this Resolution relating to fees in the Land 35 Development Code is recorded in the minutes of this Board and that Resolution No. 2002479 is 36 hereby superseded by the adoption of this Resolution. 37 This Resolution adopted after motion, second and majority vote favoring same this 38 __ day of ,2003. 39 4O ATTEST: BOARD OF COUNTY COMMISSIONERS 41 DWIGHT E. BROCK, Clerk COLLIER COLTNTY, FLORIDA 42 43 44 By: By:. aS , Deputy Clerk TOM HENNING, Chairman 46 48 Approved as to form and .49 legal sufficiency:. MAY 1 3 2003 53 H~idi F. Ashton 54 Assislant County Attorney ' ~g. EXECUTIVE SUMMARY APPROVE ' SELECTION COMMITTEE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR RFP 03-3465 "ANNUAL CONTRACT FOR TRAFFIC ENGINEERING CONSULTANT SERVICES" (ESTIMATED DOLLAR AMOUNT OF CONTRACT NOT TO EXCEED $500,000 ANNUALLY PER FIRM) OBJECTIVE: To obtain Board approval of Committee's ranking of firms for professional services regarding traffic engineering and traffic studies related to Traffic Engineering Services such as traffic signal warrant analyses, intersection capacity analyses and corridor studies, and authorization to begin contract negotiations for subsequent Board approval. CONSIDERATIONS: For the next five (5) years (or more), Collier County will be planning, designing and building a very aggressive program of an increased and improved roadway system. The County will require the services of planners, engineers and technicians in connection with the many facets of this program. In order to obtain the highest quality of expertise and experience on a continuing basis, it was determined that it would be most cost effective and efficient to have firms on contract. A Request for Proposal was issued for the purpose of establishing a contract with firms capable of providing professional services to the County. The Request for Proposal (RFP) was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on January 21, 2003. Notices were sent to 142 firms and responses were received from 15 firms by the due date of February 14, 2003. A Selection Committee meeting was held on April 3, 2003, and after review, scoring and discussion of the proposals, by consensus of the members, the firms selected for the short list are as follows (in no order). The number of firms selected is five, providing a diversity of size, experience, abilities and locations. With Board approval, negotiations will commence with all of these top ranked firms. 1. TEI Engineers and Planners 2. Carter & Burgess, Inc. 3. T.Y. Lin International 4. WilsonMiller, Inc. 5. TBE Group, Inc. 2~lzlSCAL IMPACT: There is no fiscal impact associated with the ranking of these firms. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the ranking of these firms. NO. )~.Ph ~,., . HAY 1 3 2003 RECOMMENDATION: That the Board of County Commissioners; (1) Approve the Committee's selection of firms. (2) Authorize staff to begin Contract negotiations with the five listed top ranked firms. Allen R. Ruth, P.E., Senior Project Manager, TE&CM Department Gregg R.~d~aiuse, P E, Director, TE&CM Dep~{nent APPROVED BY: ~ ~ ~D ~ ~F~.~ Date: 7 Stsphe~{ ? '. Car~ell, Purchasing/General Services Director ',~ Feder, AICP, Transportation Division Adm'~ni~rator AGI~NI~k No. ,l~l~ ~ - HAY 1 3 2003 pg. EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID #03-3440 - ANNUAL CONTRACT FOR TELEVISION INSPECTION AND DESlLTING OF STORM SEWER COLLECTION SYSTEMS FOR THE APPROXIMATE ANNUAL AMOUNT OF $50,000 OBJECTIVE: To provide an annual contract for television inspection, desilting and documentation of storm sewer collection systems when necessary for use by ail County departments. CONSIDERATION: 1. The Road Maintenance department is responsible for Collier County's 1,399 named roads, 1,003 paved and 205 unpaved for a total of 2,558.94 lane miles. Road Maintenance is also responsible for six State Roadways for a total of 384.9 lane miles. 2. This annual contract is for television inspection, desilting (cleaning) and documentation of the County and State storm sewer collection systems. 3. Bid #03-3440 was posted on March 05, 2003. Ninety-Five (95) inquiries were sent to vendors. Six (6) bids were received. All legal requirements have been met. 4. Staff has reviewed the bids received and recommends award to Shenandoah as primary and to American Power Rodding Corporation as secondary. 5. Other County departments or governmental agencies may also utilitize this bid. GROWTH MANAGEMENT IMPACT: While these contracts have no direct growth ~,. management impact, they are consistent with the County's long-term growth plans. ~,"~ISCAL IMPACT: Funding will come from the MSTD Capital Fund (111) in the approximate ~ ~amount of $50,0~0.00. Source of funds are Ad Valorem Taxes. RECOMMENDATION: That the Board of County Commissioners award Bid #03-3440 to Shenandoah Construction as primary vendor and to American Power Rodding, Corp. as secondary vendor and authorize the Chairman to sign the standard agreement after review by the County Attorney. ' ~, ~x'_~,.~.,, Date: .,.~ ..._.,/C;....~;~....~. REVIEWED BY: ~ .~.~'"-~_ ~'/~~./· MamtenDaa~:e ~"'//'?/~ --~ ~John Vliet, Superintendent, Transportation * AGENDA ITEM No. ,[[~5 ~ · MAY 1 3 2003 Steve Camell, Pu~hasing/GS Director Date: '7/O-~ APPROVED By: Nortan E. Feder, Transportation Administrat e: - AGENDA I.T..~ M MAY 1 3 2003 Pg. ~ AGEND,~, ITEM -~'~' MAY 13 2O03 3 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID #:03-3491 - ANNUAL CONTRACT FOR RETENTION POND MOWING AND LITTER REMOVAL FOR THE APPROXIMATE ANNUAL AMOUNT OF $19, 000 OBJECTIVE: To provide an annual contract for retention pond mowing and litter removal for use by all County departments. CONSIDERATION: ]. The Road Maintenance department is responsible for Collier County's 1,399 named roads, 1,003 paved and 205 unpaved, for a total of 2,556.94 lane miles. Road Maintenance is also responsible for six State Roadways for a total of 384.9 lane miles. 2. This annual contract is for retention pond mowing and litter removal countywide, including retention ponds on State Roadways. 3. Bid #03-3491 was posted on March 14, 2003. Fifty-three (53) inquiries were sent to vendors. Five (5) bids were received. All legal requirements have been met. 4. Staff has reviewed the bids received and recommends award to Hines Landscape Inc. as primary and to Southern Services as secondary. 5. Other County departments or governmental agencies may also utilitize this bid. GROWTH MANAGEMENT IMPACT: While these contracts have no direct growth management impact, they are consistent with the County's long-term growth plans. ~..~,...FIS~CAL LMPACT: Funding will come from the MSTD Capital Fund (111) in the approximate amount of $19,000.00. Source of funds are Ad Valorem Taxes. RECOMMENDATION: That the Board of County Commissioners award Bid #03-3491 to Hines Landscape Services as primary vendor and to Southern Services as secondary vendor. SUBMITTED BY:/~~ W~~ Date: ~/"~'~k''O'-~ ~nthony ~V~i,gg~ns, Co[:tt~ Agen~ REVIEWED BY: ~ /-~'/.~~"~ Date: 4//~//~'~ ..::Johti"Vliet, Superintendent, Transportation Maintenance Steve"~rnell, Pur'~hasing/GS Director HAY 1 3 2003 Pg. I ..... MichaeI.Etelamaki, Director Transportation Maintenance APPROVED BY: '~,~, ~ .Date: //?"~/~ ;) Normln'E. Fader, Transportation Administrator - AGENDA ITeM HAY 13 2003 m ~ ~z MAY 1 3 2003 Pg. EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,592,715.30 TO THOMAS MARINE CONSTRUCTION, INC. AND ALLOCATE $150,000.00 (10% OF THE CONSTRUCTION COST) FOR CONTINGENCY PURPOSES TO CONSTRUCT THE PROPOSED LAKELAND AVENUE BRIDGE AND ROADWAY CONSTRUCTION PROJECT, FROM PIPER BOULEVARD TO IMMOKALEE ROAD, PROJECT NO. 66042, Bid No. 03-3492 OBJECTIVE: To receive Board approval to award a contract to proceed with the construction of Lakeland Avenue Bridge and Roadway construction project for $1,592,715.30 as per certified plans to the lowest bidder, Thomas Marine Construction, Inc., and allocate $150,000.00 (10% of the construction cost) for contingency purposes. CONSIDERATION:, Three (3) Bids were received on April 9, 2003 from Thomas Marine Construction Inc., Bonness, Inc. and Zep Construction, Inc. for the construction of Lakeland Avenue Bridge and Roadway construction project, from Piper Boulevard to knmokalee Road. The lowest bid was from Thomas Marine Construction, Inc., at $1,592,715.30. This contractor has demonstrated satisfactory performance on other projects in the past. The construction duration for this project is 180 calendar days. The 10% contingency funds will allow staff to proceed with unforeseen conditions, scope additions and modifications, or any other unanticipated necessary task in a timely and efficient manner. FISCAL IMPACT: Funds for the Road Work are available in the FY 03 budget. Source of funds are Gas Tax and Impact Fees. Funds in the amount of $62,210.00 for Water Services are available in the County Road Water Capital Project 70071. Funds in the amount of $72,360.00 for Force Main and Reclaimed Water Main work are available in the County Road Sewer Relocation Project 73065. Source of funds are Water User Fee and Sewer User Fee. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE # 6) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award a contract to Thomas Marine Construction, Inc. for the construction of the proposed Lakeland Avenue Bridge and Roadway construction project, Bid No.03-3492, and authorize the Chairman to approve the standard construction agreement after County Attorney approval. AGENDA ~TEM r,,,o. 1 MAY 1 3 zfl03 I .. ~ 1 Project Manager r:ynn R. Thorpe, P.E., Princ'pa Gregg R. Strakaluse, P.E., Director, T.E.C.M.D. APPROVED BY: ./~":~: ~ ' '~'"~ .,' Roy Anderson, P.E., Director, P.U.E.D. Steve Cat'elL Dir~tor Purchasi ,r~Ge~ral Services Norr~a~{ Feder, A1CP, Administrator /Transportation Division q AGENDA ITEM HAY 13 2003 pg. 2 BID PROPOSAL BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Lakeland Avenue Bridge and Roadway Construction BID NO. 03-3492 Full Name of Bidder THOMAS MARINE CONSTRUCTION, INC. 8999 High Cotton Lane, Fort Myers, FL 33905 Main Business Address 8999 High Cotton Lane, Fort Myers, FL 33905 Place of Business Teieoncne Nc. (239) 337.-0008 Fax No. (239) 337-0099 ~' ' ,_IQ=, ,~= .-. ~.e C:cntr~ctoF'S" -~-~ '-' CGC019275 Tc: BCA. RD OF COUN]Df' ¢.OMMISSIONERS m= r,.~,~ ~=R COUNTY,, =' (hereinafter called the Owner) The unCeFs~gned, as Bicder declares that the only person or parties interested in this Prcpcsai :,rincic, als are those named herein, that this Proposal is made without collusion with any other ' ' ' ' ' "~'- propcsed '^,;~'~' ~'= 2,~,~0~ firm or co~oration' ~hat it has carefully examined the iocation ST ,-:== - ......... -~roposed fcrms of Agreement and Bonds, and the Contract Drawings and Specifications, including ,~.~--~ i---'-u=d thereto =~ = .............. r=ce!~t ~e!ow: Contractor's ^-'-~,-,--~.m Number Date Issued lnjdals ,/' #! 3/26/03 (~ ,..~'-.L// Bidder proposes, and agrees if this Proposal is accepted, Bidder will contract with the Owner in the form of the copy of the Agreemem included in these Contract Documents, to provide all necessary machine.w, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: ~.~lOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY ,f w,,~. AGE'ND~°~- --' !ITEM - ages. No.]~ '-[ -- TR-P-1 MAY 1 3 2003 3/5;2003 9:09 AA4 pg. 3 BID SCHEDULE LAKFLAND AVENUE BRIDGE AND ROADWAY CONSTRUCTION COUNTY PROJECT NO, 66042 BID NO, 03-3492 ROADWAY AND SIGNING & PAVEMENT MARKING ITEMS Addendum Estimated Item No. Description Unit Quantity Unit Price Amount $ $ 1C£-10 OF'.=-DU,';'Y, LAW ENF'ORC.=ME. NT OF.--iC.=R MH 40 ....... -,::,----. ;. ..... "-"-"'-"- ........ ,~,'-.-- (TEiv~POR.A,-q¥)(CONCRET=I~'R=~ OCATE_) LF ;0,3 · ~A. ,, J_.. WA__ M,.,~h.., : ~ STE.4Dv SURN) E; 5£"J $ ~ .= . .... l C)~-i i TURBIDITY BARRIER, FLOATING LF 72 ', '=~ :.-- ';:: ; ,- ~ : { ..'0- 1 i0-~-i CL--ARING AND GRUBBING L$ I 116~ PAV=-MENT, R=MOVAL OF -Z.YdSTING CC, NC;R~', E SY 228 S '"' $ - .-.-~ ~,~ANN :_ -.~.XCAVATICN CY i ,573 $ -- $ t 16C," ,--y, pE ~ STABF "~.ATiON SY 3,439 300-1-3 BITUMINOUS MATERIAL, C'ACK COAT) GA 162 $ · 327-70-i MILLING EXISTING ASPHALT PAV:M:NT (1" AVG D:=TH) SY 883 331-72-10 WPE S ASPHALTIC CONCR ~L=%E (1") SY 4,038 S 3~-~ '~:" : M,~,_-AN,OUS ASPHALT PAVEMENT ~ 8 $ ~,?J 0 ~ $ 425-82400 BMP STRUCTURE EA 1 425-1-3~1 INL:--TS, (CURB) (TYPE P-6) (<10') F_& 3 $ N ._ HAY 1 3 2t03 TR-P-2 pg. z3f . BID SCHEDULE LAKELAND AVENUE BRIDGE AND ROADWAY CONSTRUCTION COUNTY PROJECT NO. 66042 BID NO. 03-3492 ROADWAY AND SIGNING & PAVEMENT MARKING ITEMS Addendum Estimated Item No. Description Unit Quantity Unit Price Amount 425-i.-~43 INLETS, (CURB) CI-YPE J.-4,) (J BOT MOD.,<10') F-& I $ 4:5-2-71 rV'C, NHOLES (J-7) (<10') EA 1.[38 $ 425-Z-72 MANHOLES (5°7) (>10') =~A 1 $ S · 425-2-~2 MANHOLES (J-8) (> 10') ~:., i 430-981-225 MITERED END SECTION (SS)(CONCRETE PIPE ROUND)(18")/ EA I $ 430-9¢'".-2~'1 MITERED END SECTION (SS:' (CONCRETE PIPE ROUND)(48"> -~A : 520-~-I0 CURB AND GUTTER CONCRET,-= (TYPE ='., LF 1,151 $ ZC52~-i-I BRICK PAVER TRAFFIC SEPARATOR (KREHLtNG OR EQUAL) SY 2 $ 536-73 GUARDRAIL R -~MOVAL LF 410 $ 5z7-?0-2 FABRIC FORMED CONCRET-E RIPRAP SY 357 ~ ,,~ $ 575-1 SODDING SY 759 $ 575-IS SODDING (STAKED) SY 1,500 700-40-1 SIGN. SINGLE POST (-<12 SQ ,CT) AS 5 $ - S 7o~6-~,S~GN ~S'nNG (R~MOVE)~S~NGLE POS,") AS 1~ S - S 700-46-21 SIGN EXISTING (RELOCATE) (SINGLE POST) AS 2 S -"' ,o5-,o-1, OB ECTMAR (POSTMOUN D)( ED) AS $110 ~ O.~ AGE - oO 706-3 MARKER PAVEMENT REFLECTIVE (F&I) (CLASS B) . EA 56 $ .~ O..O ! ~,,y-- ~. ~)._nn_~' _oe TR-P-2a pg. 5 ':~:" BID SCHEDULE :'-- LAKELAND AVENUE BRIDGE AND ROADWAY CONSTRUCTION COUNTY PROJECT NO, 66042 BID NO, 03-3492 ROADWAY AND SIGNING & PAVEMENT MARKING ITEMS Estimated Item Nc. Description Unit Quantity Unit Price Amount 710-30 REFLECTIVE PAINT (ISLAND NCS~-~ (YE~- I OVV) SY 2 $ _ $ 711-4 DIRECTIONAL ARROWS tTHEP, MOPLASTiC) EA 13 $ ~o 711-35-81 TRAF=iC STRIPE SOLID, (TNERMOPLASTIC) (WHITE) (6") LF 1.788 $~';v?~'~ S ....... =-, .... . 71%.;.> ,~I -,=,.-~F=iC STFJFE -=CL:D. ,, m_mMC, _.-, .... (WHITE) (i'-"~ LF =46 ~. ~ - $ [. - , :'-,::-~.:' -F-' F:iC ST~i,-':E SCUD. ~ ...... MOP_- ..... ] (W;-'ITE) (24"! L.: ::, ~ -- 711-36-81 TRAF=iC STRI~E SCUD, (THERMCFL.AST1C) (Y. ELLCW) (~"",, LF 1.~2~ S ~ -- .... m, ,,,..~;_,~, ,,.,~ ,.. =;..__.'¢,.~ (18"; L.= 1''~ $ -- 7:~'-,-0-, ~:',L:~:_ac,rEs. UNCERGROUN= --: Z0 S $00 -- 300 °" / OoO CCI001 WATER CONFLICT RESOLUTION; SOLUTION CONTINGENCY LS i $ 20.000.00 S CC1032 S~',,,VE...% CONFLICT RESOLUTION: SCLdTiCN CONTINGENCY LS i S 2¢,.30C.33 $ AND SIGNING~'"' PAVEMENT MARXLNG iTEMS ~C~AL 3. , TR-P-2b L AGENDA ITEM MAY 13 2003 BID SCHEDULE ': LAKELAND AVENUE BRIDGE AND ROADWAY CONSTRUCTION COUNTY PROJECT NO, 66042 . BID NO. 03-3492 SIGNALIZATION ITEMS Addendum Estimated Item No. DescHotion Unit Quantity Unit PHce Amount --'-55-1-i DIRECTIONAL BORE (LESS THAN6 INCHES) L: 22.5 $ 555-1-2 DIRECTIONAL BORE (6 INCHES TO LESS THAN 12 INCHES) L'= 400 $ 620-1-12 CONDUIT (F&I)(UNDERGROUND) LF 1,864 S 650-1-13 CONDUIT(F&I) (UNDERGROUND) LF 70 SJB ,.tO $ It"~H .0,3, 630-1-22 CONDUIT (F)(UNDER PAVEMENT} LF 1,425 S (.- ~,lj (~U,..- B~X) EA :~ -235.-1-~'; ,-..,~_,~,N.. JUNCTION BCXES -~" -" '"' - ~35-' -"~ .... -~:._' .~N~' '~ JUNCTICN EC':~EF.. :'--git ;-;=EP.- &,=TLC =ULL BSX'. E.':-. 3 ' '-' ' ~ S ,.." ' $3.c-~-22 ELECTRICAL POWER~=~.c--w ,"'--~ (H k~==,":-=r",~._,.~.,,~,.~¢,~m~ .AS I ~,3.c-2-'t ELECTRICAL SERVICE WIRE LF 120 -' - s 6-",--=~-;12 =RESTRESSED CONCRETE POLES (F&J DB) ,(TYPE N-It S-_-RV)(12 ~ ~A I S .~ 549-114-,904 MAST ARM ASSEMBLY (F&I) (SINGLE ARM W/O LUM.) (A4-~4) EA 1 $ 54~-;2' ':T MAST .ARM ASSEMBLY (F&;) (S;N,SLE ARM W/C LUM.) (A='-.~;7) =_A 1 556-51-511 TRAFFIOSIGNAL, 121NST'C.(F&I)(ESEOTION, ONEWAY) AS = S iS$O°'° S ...... 3100*''° 6.53-18~ PEDESTRIAN SIGNALS (F&I) (LED) (ONE WAY) AS 4 S 6 .~53-i 82 PE;ESTRIAN SIGNALS (F&I) (LED) ('TVVC WAY) AS 1 $ ~g-i 01 S;GN&L HF_,:,D AUXILIARIES (F&I) (=AC','< ?LATES, 3 SECTION) =~, 4 S ' $ , ' ~59-107 SIGNAL H--AD AUXILIARIES (F&I) (ALUMINUM PEDESTAL] EA 1 ~$ ' $ ~ ~0 O. fl ~59-11~ SIGNAL HEAD AUXILIARIES (F&I) (BACK PLATES, 5 SECTION) EA 2 ~.~ VE.~CLED~ECTORS~StEMSI~010~T~CT~P-~ EA ~ ~ (~'1OO''° S ~q, ~00 885-140 SYSTEM AUXILIARIES (F&I) (FIBER OPtiC MODULATOR) AS 1 885-142 SYSTEM AUXILIARIES (F&I) (VIDEO CENTRAL OONTROL EQUIPMENT) AS ~ S $' 665-13 PEDESTRIAN DETECTOR (F&I) (DETECTOR WITH SIGN ONLY) EA 6 $ 670-5-112 ACTUATED SOLID STATE CONTROLLER ASSEMBLY (F&I) AS 1 699-1-1 SIGN (INTERNALLY ILLUMINATED)(STREET NAME) EA 7 $ "L,~ 00 '2_ .- .J/_ ¢C3~.) ~¢ 700-46~11 EXISTING SIGN (REMOVE) (SINGLE POST) AS 1 - N~,. HAY J 3 2003 TR-P-~ Cg. -'/ .. BID SCHEDULE LAKELAND AVENUE BIDGE AND ROADWAY CONSTRUCTION COUNTY PROJECT NO. 66042 BID NO. 03-3492 UTILITY ITEMS Addendum Estimated Item No. DescHotion Unit Quantity Unit Price Amount ;RWM-1 DIP ASSEMBLY RWM-2 AIR VACIRELIEF ASSEMBLY RWM-2 ~3NSR~E ENCASEMEN% WM-3 4;-iNCH CASING LF 97 UT]ZJ~." ;TEMS TZ:TAL .f AC~NDA ITEM No, MAY 1 3 2003 TR-P-2d Pg. BID SCHEDULE '- lAKELAND AVENUE · BRIDGE AND ROADWAY CONSTRUCTION COUNTY PROJECT NO. 66042 BID NO. 03-3492 3GE iTEMS Estimated Item No. Descriotion Unit ~uantit7 Unit Price Amount 125-1 F_.XCAVA~ON FOR STRUCTURES CY 155 400..,~-4 .OLdS'S_- tX,' 3~NCRETE (SUPERS ,-MUC-L:¢E': 2',' 225 400-~29 =_=_~,RING ~ACS (NEOPMENE'~ '-~. · 415-i.-4 F,--[NFDF, C',NG STE=-L ~SUP.E,RST..~UCTUREi L5 58.300 415-:-5 REi~'CRC',NG $--EHL ~SUBS"PAL~CTU~=---' _F. ~.."-~ S ~t55-13T _"¥'4~MJC ,=_ST ~..%ACS =_- -' S · -:~" '~C -- '-' ~/ ""~¢ 460-70-2 ~_,M!NUIvl =,A.L!NG 'CGL:ELE} -= 5,2~.~ 3C; .... ,_ _ . r,-.AF=C: "%AIL;NG BARP,!E= 2£" ',;'--_~'"':C,,:'L -: ''~ S ? * __ s 3!-50°° -547-70-2 =~=,=dC =CR,",':E2 CCNC~E'TE =,;F =.,-:,= Sv *.355 BRIDGE ,.-=n~,= .--m'r.~, ---- A~GENDA ITEM HAY 13 2003 · Pg. BID SCHEDULE LAKELAND AVENUE BRIDGE AND ROADWAY CONSTRUCTION COUNTY PROJECT NO. 66042 BID NO. 03-3492 EBID SUMMARY ~,..,,-,,-'.-',,'.-. ~ AND SIGNING ~ PAVEMENT MARKING iTEMS '-"" '-'~' S1GNAL:-"'~'!Cr'! ~-=~!=,,.. ' ,.- -~:" '~, S ' ' - '~' ~ L'TIL!TY ITEMS TOTAL ----~dENDA ITEk* No,_ ,~,t~.g ~ ., T~,-P-2f MAY 1 3 2003 MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this proje~. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE cOMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL MANUFACTURER ~ Concrete '~ '2 S Structural ?recas~ ~ Bolsters K.C. Buildin~ Suppi7 ~ Dated ..... ~isSer '., ' ~ear, C Thomas, Presiden~ ~ AGENDA ITEM No, _ ~- TR-P-3 MAY 1 3 2003 9:09 AA4 Pg. LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed subcontractors on this Project and the class of work to be performed by each, and that such list will not be added to nor altered without written consent of the Project Manager. The undersigned fur[her acknowledges its responsibility for ensudng that the subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legai requirements applicable to and necessitated by this Agreement, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The County reserves the right tc disqualify any bidder who includes non-compliant'or non-qualified subcontractors in his/her bid offer. Further, me County may direc; me oioder/contracmr to remove/replace any su0contrac;or tha~ is found to be non-compliant with this rec:uirement subsequent to award of the con~ract at nc additicnaJ cost tc the CounW. THIS ' '- . £- . .~ MUST BE COivlPLETED OR =,ID ',/',z!~-~- DEEME5 ,~-,~--~,.. 45,S~ Pro~ress _~vexue ~'~;-~= ~ of Lee P.O. Box T258 Por'c Myers, FL 33911 Tincher Concreze Ccnszruczion Curb/Sidewalk 16900 Gazor Road For~ MFers, r~ ,~ Traffic Control Przduczs MOT"Stripin~ 5514 Carmack Road T~mp~. FL 336!0 = SZevens ~ Lav~on, inc. Uzi!izies/Dr~ina~e 11260 Palm Beach Boulevard Fort Myers. FL 38905 6. Dated April 9, 2003 THOMAS MARINE CONSTRUCTION, INC. Bidder ~ BY: ~ ~ .Dean C. Thomas, Presiden~ '~"~'AGENDA~TEM TR-P-4 MAY 1 3 2003 3/5aoo3 9:o9 .~M ¢9 t Z- .... STATEMENT OF EXPERIENCE OF BIDDER The 5iCcier is required to state below what work of similar magnitude is a judge of its exoedence skill and 12usiness standing and of its ability to con~u~ the wo~ as completely an~ as rapidly as requireO under the te~s of the contract. Proie~ and Locatio~ Reference iivinEs~on Ro~d Bridge , Ctev~ %%;a~on er Co!!~er County. FL Bonness, Inc. -- :~AC-F~ . inc Hzrdee %oun77, --- rT TiS Home Souzh Ficr~2 iivisicn 2',lor~'x Yor~ Zyers, L~.co is.and, FL C4'r Buzzari Rocsi C~eek Pipe ,,St!ese ~, .~cemen . Uep~ - u-~s Dvbd~h Desczo Counzy, FL Kei~h & Schnars Dated Aoril 9, 2003 _~HOM_-~S MARL\'E CONSTRUCTION, INC. d Dean C. Thomas, Presiden~ iR-P-5 AGENDA ITEM ~AY 1 3 2003 3/5/2003 9:09 ~ pg. Bidder acknowledges that inc!uded in the vsrious items of the proposal and in the 7otal 5id Price are costs for complying with the Fiorids Trenc~ Safe~ Am (90-96, Laws of Flodda) effe~ive O~ober I, 1990. The Bidder fur[her identifies the cost tc be summarized below: I Trench Safety Units of Unit Unit Extended Measure Measure (Quantitv'~ Cost Cost I fDescri:~tionl (LF.SY'} ' Sim,~le S!orin~ __.f~' 900 =~.00 3600.00 TOT,:-,,_ S 3600. O0 Failure tc csm:~iere t~,~ a:cve mav result ir +h~ Bid Deinc, ..... ., ,~ Dean C. Thomas, Presi_denr TR-P-6 No . MAY 1 3 2003 CONFLICT OF INTEREST 1. Bidder shall provide full disclosure of information on any work performed, for private interests. within the past two (2) years, especially work that is not yet completed. 2. Bidder shall provide a declaration of commitment not to pursue any private sector work within the limits of the County project or directly affected by the County project until the County project is completed and accepted by the County. ContraCtor may request a waiver of this pr~visicr, fro, m,. the Proiect Manager. A waiver may be granted at the sole discretion County. 3. Bidder shall provide _=.'certification, by a princi.~at of the firm that the firm wilt oom2ty fully with items 1 ant 2 am, ove, and tc ce~if'/tho.', r,o conflict of interest c.;cEs exis~ cr wii! arise ff 'irm is awaraec -- 3ou~:.. if more space is requirec,, ~iease a%ach additicnai pages. .--~ii',,'rE to ;rcvice the ;osumen:aticr, ,'Ecues;Ed a~cve ma,.' rESUX ~a the. Sic; 2Eing ;ec;arec non-responsive. Thomas .%~arine Conszrucnion, !nc. Doan C. Thomas Date: April 9, 2003 Its President AGENDA :TEM TR-P-7 No.._ji41~ ~ MAY 1 3 21303 9:09 r....~pt of written notice of The conditional acceptance of this Bid, Bidder will execute the formal Upon Contract attached within Ten (I0) calendar Cays and deliver the Surety Bond or Bonds and insurance ~Se,C~ntr;e~!/~de .by the .Co.~trac% Documents. The bid security attached in the sum of: :ThirTY-~±~'¢' ~nd 77/!OO dollars (,,~7~:~;Jb.Y'J ) ~S tO become the property of the Owner in the event the Con~ract, Insurance and Bonds are not executed within the time above se~ forth for the delay and additional exDense to the Owner. If awarded a contract, under this Proposal, the undersigned proposes to commence work at the site within 5 calendar davs from the commencement Cate stipulated in the written Notice tc Proc.._. unless "~= "= =~.' -' ,, '~'~ ~ fu,~er a~rees ~.c substantially ~mgi~.~ alt work covered bv ~s2 .... ulJv SuDmi~eC' Thomas Marine. Construction, inc. aisc' exammec nsc carefuliy or=s=~ec :ts Bic r:oscsa~ fFcm me ~ntac, Drawmcs ~' (a'! Comoratior The Bidder is a corporation organizea and existing under the laws of the State cf Florida which, cDera~es under "'~ ' · ,,,= ~eca~ name of Thomas Marine Construction, Inc anC the full names of its officers are as follows: President Dean C. Thomas Secretary Gay!e Clark Treasurer Gayle Clark Manager Dean C. Thomas AGENDA iTEM TR-P-8 MAY 1 3 2003 3/5;2O03 9:09 .AM -- nd it (¢oes": or (does not) have a corporate seai. The ~name) Presidenl;, Dean C. Thomas ;s authorized to sign construction ,~roposals and contracts for the company by action of its Board DirectBrs taken 02/25/82 . a ce~r'ied =o~y of which is hereto ~achec (stdke out this las~ semence if n=~ appiicasie). ~,, Co.=s~nershis ihs 5isaer is a co-pa~nersniF, sonsistin~ of ~ndivi=ua~ ;a~nsrs whose ,u, names are == follows: Dean C Thomas Presiden~ [Corporate Seal] --- AGENDA MAY ~ 3 2003 STATE OF Florida COUNTY OF Lee The foregoing instrument was acknowledged before me this 9 day.of A~)riZ ,~ by Dean C. Thomas as FreSlden~ , ~003, , of Thomas M~rin~ Construction, Inc. , a Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced N/A as identification and did (did not) take an oath. My Commission Expires: 06/29/05 , ~.~.~,~;:~ % '~ . '~ NAM:' -,,~,;;.{~' 3:~:~¢ ~cmm~ssion Nc.: Z2:C'23/~~.: TR-P-10 , : ! AGENDA !TEId ;'~:-:::" i ~o ~ ~t-_ MAY 1 3 2003 BID BOND KNOW ALL IvIEN BY THESE PRESENTS, that we Thomas Marine Construction, Inc. (herein after called the Principal) and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA .,'hem. in called the Sure~), a corporation chartered and existing under the laws of the Stale of .Illinois with its principal offices in the si%, cf Chicago sss authorize(: To do Business in the State of Florida are heid ar.,-' fi,,'m,y bcunc ,., t,, the ._::i±:.er Coun~.v Board of County Ccm"~issioners (hereinafter calleo the Owner, in the fui[ and iust sum of sire percent (5%) of .'%'m:unt Bid =.cliars (S ) .~ood and iawfu! money of the ': ~ '~ . ,..n,,e~ States of Amenca, to :e cai: uoon demand of ,'.he Ok, ,'*",. ..... [c which c?ment we{i and trdiy to be made, the Principai ant '..he Screw bins :hemseives, their heirs,, and o"'-'~..~.~t.,,~ administrators: .mc- ' assisns.~ . iointiv and -zeve~sliv fi;m!v by these _'z;esen:s. V'¥hers~s, th= :-: ..... , ,, ;..,.,,=, is abou~ ;o sui:mit, or has sunmit[ed to the Owner, a proocsai for fumishinc ail taoor, m=¢,=.;.~ ..,.,,;.,--=.-t and i.~-: ..... c_,,[=l~ necessau.; ?, furnish aris i.~'-'. z.=~.a;=nC Avenue Bridge and Roadway Const.,-:cdcn Bid No. 03-3492 NOW, THEREFORE: The conditius of thi,s, obl. i. gation are such that ,': the .'-°,033SS! ,be scc.e.:teC. '~'~ 2-;-,~:-~ , ,, ,I,~,~ .~.~o ,=,.e, ,nu ~=~ o, a written Notice of Awar ....... ,e a C, ontrac: in accordance with the Proposal and upon the terms, concitions and 2rice(s) set fc~n therein, cf the form anc manner required by the Owner, ~-nct execute a sufficient' and satisfactory Contract Pe.fformance Rcnd ant Payment Bond payable to the r-,,~,.,~._..,,_. ,.,. 2-~ amount of one ~' ..... ,.-':.:~:'~ "::$(:%': cf ~'= .... .... ,~=,' ucni,-a~' "..r:__,~= sacn ..... in form an~ with security satisfacton/ tc the saiC Owner, +k ,-. .... ,,,e,. tm~s oDlicaticn :o be void; otherwise to be and remair in full force and vi,-t~e in the '- · -~d the Surety shali, upon failure cf the Principal to comply with any or a!l of the fc..re~:im ........ w~ .... , '.he +.;me s3eoifie~ above, immeciateiy pay tc the aforesaid ©wner, '-,con .... .-,,,.. me amcunz meres; in gooC and law'rut money of the United Sta~es of America, no~ oenai~ but as liquidated damages. !N TESTIMONY 7hereof, the Principal and Surety have caused these presents to be duly ~ r,n,-,-' and sealed ~his o~, :ay cf ADr~ l ,2003. THOMAS MARINE CONSTRUCTION, INC. BY ~ (--- AGENDA ITEM No._Jk' -n _ MAY 1 3 2003 TR-P-11 ?' pc, 3/~/'2003 9:09 Alvl ~ ___. AMERICAN CASUALTY COMPANY OF READING, pEI~%~LVANIA Sure~ Wencly-L. Hingson, Attorney-In-'Fact : Ja~,. E. Wo~-:_ ?lorida Residen5 Auen~ Loc=_[ ResJse~.'-. ~-~,,~;~ ' , , -~ ....... _ ~ce.~ frr -~,~__can ~ua!ty Cc~nv cf Readingz ~e~J~sylvania c/o u~]~ne~_.. ~c~- .... & W~- =___~'x~ C~nt_r= =Pcint Drive, Suits 27q, Fort ~'ers TR-~-12 F AGENDA ITEM POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois c~rporation, NATIONAL FIRE INSURANCE .~OMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania rpora'don (herein collect~eiy called "l~e CCC Surety Companies"), are duly organized and existing corporations having their pnncipal offices in . ~e City of Chicago, and State of Illinois, and that they do by virtue of the signature and saais herein affixed hereby make, constitute and appoint D. A. Vaienti. Robert Tmbec, Jay E. Woody, Wendy L. Hin~son, Denise A. Madden, S. P. Humenchick, individually of Fort Myers. Florida their t~ue and tawful Attomey(s)-in-Fact with full power and authority hereby conferred to ~gn, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fuily and to the same extent as if such ins1~urnents were signed by a duly authorized officer of fl3eir corpo~aauns ail the acts of said Attorney, pursuant to the authorff7 hereby given am hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and ResolulJons, pnnted on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In ~/itrless VVhereof, the CCC, Surety Companies have caused these presents to be signed by their Group Vice Presictent and their ccrpcrate seats to be hereto affixed on this 15th day cf October 1 S98 CASUALTY 2C, MP,~,NY OF READING, '~" e','l ' ~' , -~MERICAN ~ _.,IN~. _ ,/~ /1I ' ' ' ~ M~rv~n J. Casn~cn Grcup Vice .ate of Illinois, County of Cook, ss: On this 15th day ef October !~98 .befere me personally M~r¢in J. Casnion. to me known, who, being by me ~uJy sworn, ~i~. depose an~ say: that he resiaes in ~e ~ty ~f Ghicago, S~te cf Illin¢is: he is a Group Vice Presic~ent of CONTINENTAL CASUALTY COMPANY, NATIONAL ~IRF_ INSURANCE COMPANY OF ;HARTFORD, ~ME.~IC.~N CASUALTY COM?AN¥ CF R~ADING, FENNS'fLVANIA ~esc,dbecl in and which executed the above ~nstrumen~; -.h,~ he i~c,.vs ~i$ ~,f sai~ ¢crpora~ns: ~,a~ ~,e -~5~$ af'-nxe~ ~o the said- in~-~m, en~ are suoh ¢~r~orate sea~$: :~h=~ ~-,ey ~ere so affixecl ;ursua~,r. '~ a~cr~/ ~iven by the ~oarcts of Oire¢~crs of saio ¢~r~oralJons an~ that he signecl his name thereto pursuan~ '.o iike a~,?J~ermt, anr~ ao?,nowle~Ges same be the act ancl ~e~ of said c~r~cr~on.~. // /., / ,' ..~ ,.,' ., "., - ,/' M'! Commission Expires March 5, 20CO MaG, ~o ,~.bei Nc[st/ CERT[F;CATE I, Mary A. Ribikawstds, Assistant Secretary of CONTINENTAL CASUALTY' C~JMPANY, NATIONAL FiRE iNSURANC."- COMPANY CF ~ARTF. ORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set for13h is still in force, and further certJ~ that the By-Law and Resolution of the Board of Directors of each corporation printecl on the reverse hereof are slJtl in force. In tes~mony wi~erecf I have hereunto subscribed my name and affixad the seals of the said corporations this 9~._h day of Apr.! 2003. NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA AGENDA t?T_EM No,/~' P) Mary ~ Ribikawslds A,, srs~'a~t Secreiacy Rev. 0/ /S7 MAY I 3 2003 AUthorizing E~y-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by aul/lorfty of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX~ecution of Documents Section 3. Appcintment of Attorney-in-fact The Chairman of bhe Board of Directors, the Pres/dent or any ExecLrdve, Senior or Group ~ce President may, from time to time, appoint by written certificates attorneys-in-fact to act, in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instrum~ts of like nature. Such attomeys-in-fact~ subject to the lira/rations set forth in bheir respect/ye cert/ficates of authority, shatl have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Execut/ve, Senior or Group Vice President or the Board of Directors, may, at any time, revoke a~l power and authority previously given to any attorney-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. 'Resolved, that the signature of the President or any F_xecul~e, Sonar or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Sec'don 3 of Article IX cf the By-Laws, and the s/gnature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any cerl~ffcate of any such power and any power or cart/ftcate beadng such facsirr~iJe signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and cerlffied by certificate so executed and sealed shall, with respect to any bond or unded~kJng to which it is attached, continue to be valid and binding on the Company.' ADOPTED BY THE BOARD CF DIRECTORS OF AMERICAN CASUAL?/ COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and :=y authority of the following By-Law duly adopted =,! *~he :=card of Directors cf the Company. "Article VI-Execution of Obligations and Appointment of Attorney-in-Fact Secdon 2. Appoin'om, ent cf A~omey-in-fact. The Chainm, an cf the Board of Direct, cm. the President or ~ny F_.xect.rOve, Senior cr Grout V~ce ~resident may, from dine to ~me, appoint by wrftten cer~Jfic~es a:tcmeys-in-fact to act, in behalf cf the Company in the e×ecu"dcr, pclic:es cf insurance, bonds, undertakings and other obligatory ns~ruments cf '. ke nature. Such attorneys-in-fact, subject to the !imitations se*. forth in their respective certrficates ~f authorit-/, snait have ~tl power t: 2ind *-he Ccmcan'/ ~7 ~eir signat'..'re and exec~rdcn cf ~ny such insl~umen~s and to attach ~e seal of the Company thereto. The Presiciem or any Exec',~J've, Senior or Group Vice President may at any ~me revoke all power and authorfty previously given to any attorney-in-fact This Power cf Attorney is signed and sealed ~y ~csimJie under and by :he a~"~h, CrTty of the foilc,~ng Resciul~cn adopted by ~e Board of Direc:crs of the Company at a meel~ng duly called and held on the 17th day cf February, 1993. '~escived, that the signature cf me President cr ~ny ,--×ecL~ve. ~emcr cr Group afl,ed uy facsimile cn an,/ F. cwer ~f ~tcmey granted ~umuant to Sec-Jc~ an Assistant Secretary and *.he seat of the Company may be affrxec by facsimile to any cer'Cficste of any such.~ower and an,/2cwer cr c~.r~fica~e ~eanng sue2 facsim:~e signature and seal shall be relic and ranging on ~he Company. Any. such 2ower so execute(: and seale6 ar.c :e~fied by cer,b'ficate so exec~.%ed end sea,ed snail, with reseed: :c t:ir~cing on the Company.' :COP'rED 3Y THE BOARD CF OlRECT.C~S 0¢ NA.T'.ONAL .--lEE iNSURANCE CC. MPANY OF HAR; ~._ This Power of A~omey is made and exec~ed pursuant'to oeo cy a~c~ of~e fotl~ng Resc~on duty a::pt~ 6n Feb~a~ 17. 19S3 by · e Board of Dir~m of ~e Company "RESOLVED: ~at ~e President. an ~ec~e ~ce President. cr any Senior or Grcu~ '~c~ President cf ~e Cc~ora~on may. ~cm dine to ~me, appoint, by ~en ~tes, A~omeysqn-Fa~ to a: in beha~ o~ ~e Co~ora~on in ~e ex~on ¢ ~licies of insuran~, bonds, under,rigs and o~er obliga~ in~menm of like na~, }. Such A~mey-in-Fac~. subje~ to ~e lime,ohs ~t fo~ in ~eir r~p~dve ce~ ~ a~o~, shall have ~Jl power to bin~ ~e Co~om~on by their signa~re and ex~cn of any suc~ in~men~ and to a~ch · e seal ¢ ~e C~fi~ ~r~. ~e President, an ~ve ~ce Pr~ident. any S~ior or Group ~ce Pr~id~ or ~e Beard of may at &~y time ~voke a~ ~ a~ a~o~ previo~ly gNen ~ any A~eyqn-Fa~" ~is P~r ¢ A~mey is sign~ and ~1~ by ~mile under and by ~e au~o~ of ~e foiling Re~lu~on adopted by ~e B~rd of Dir~o~ of ~e Company a[ a m~ng d~y ~11~ and held on ~e 17~ day ¢ F~, 1993. 'RESOLVED: ~at ~e signa~re of ~e President, an ~ec~ve ~ce Pr~ide~ or any Senior or Group ~ President and ~e seal of · e Co~on ~y ~ a~ by ~imile on any p~r of a~mey g~n~d pum~nt ~ ~e Res~on ado~ b~ ~s R~r~ ~ on F~a~ 17, 1993 and ~e signa~re of a Secr~ or ~ ~nt S~rem~ and ~e seal of ~e Co~omaon m= be ~ any ce~ of any such ~r, and any power or ce~te beanng su~ ~miia signa~re and ~al shall be val~d b~n Co~on. Any su~ p~ ~ ~ and se~ and ce~ by c~te so ex~ ~d ~al~, shall ~ 'esp~ ~y~ono or ~de~ng ~ ~ich ~ ~ a~ch~, CO.hUe ~ be ~1~ and binding on ~e Co~don.' MAY 1 3 ~03 THIS SH=ET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your bid proposal. 5idaer s~cuic anecx off each cf the following items as the necessary, action Js coml21eted: I. The ~ic has been signed. 2. The 2id ~rices 6ffered have been reviewed. ..~- The :rice e~ensicns and totals nave been ~,ne~x_,, *' ," .....= "~,.' recuire._- -.7. rawings. Cescri2dve, :,Jterature, e[c. have 2een .Any acOenca ~ave ~een sicned and ,nc,u~e..i , ,~ ,~ g. The mailing envetoce has been adaresse~ ~c: P~rc2, asing Director Collier County Government Center ,=ur:nasing ~uiicing 33CI Tamiami Trail, Eas; 1 1. f ~e malting enveioBe must ~e sealed and m~rked with: ~Bid Number; ~ 2r=ject Name; -=Opening Date. I T ; 2e bic will 2e mailed or delivered in time ,* =e -=~=' ~ ' . i, . specmeC ~= .... cs~e and time. (Cthe~ise bid canno[ be considered.) ~- COURtER-GELIVERED BIDS MUST HAVE THE BID NUMBER AND PRCJECT NAME ON THE OUTSIDE OF THE COURIER PACKET THOMAS MARINE CONSTRUCTION, INC. Signature & Titte Dean C. Tho~s, Pres~den: TR-P-13 Y 13 3/5~003 9:09 .~ EXECUTIVE SUMMARY,. RATIFY THE EMERGENCY PURCHASE OF PARTS AND SERVICE FROM ORIGINAL EQUIPMENT INSTALLATION CONTRACTOR FOR DEGASlFIER TOWER #1 AT THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT OBJECTIVE: To advise the Board of County Commissioners, Ex.oOfficio the Governing Board of the Collier County Water-Sewer District, of emergency action taken and to request ratification of the emergency purchase of parts and service fxom Technical Treatment Services Inc. for the North County Regional Water Treatment Plant. CONSII)ERATION'.. Approximately 18 million gallons per day of potable water is produced by the water treatment process at the North County Regional Water Treatment Plant. The final step in the physical treatment process consists ofdegasification for the removal of Hydrogen Sulfide prior to disinfection, pH adjustment, and storage. Each of the four degasification processes or towers consist of 1500 cubic feet of 3.5" diameter media supported by a fiberglass system of pipes, grating and an internal ring assembly. The internal support system of Degasifier Tower #1 failed resulting in the unit being taken off line pending repairs. This resulted in a treatment capacity reduction of approximately 5 million gallons per day. Required repairs included media replacement. grating replacement, internal ring assembly replacement, and repairs to the fiberglass support system. Technical Treatment Services Inc. is the original equipment installation contractor of the degasification process. A quotation for parts and services required to repair the unit was requested and received t~om Technical Services Inc. Emergency Purchase Order 4500008891 was issued on April 16, 2003 in the amount of $35,000.00 in order to expedite repair o f the degasification unit and restore treatment capacity. The purchase order was authorized pursuam to Section VA2 of the County's Purchasing Policy. In accordance with this section, Staff is reporting the purchase to the Board and requesting ratification. FISCAL IMPACT: Funds are available in the County Water-Sewer Operating Fund (408) - North County Regional Water Treatmem Plato operating budget. GROWTH MANAGEMENT IMPACT:. There is no Growth Management Impact r-esulting from this action. RECOMMENI~ATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, ratify Emergency Purchase Order 4500008891 for parts and service from Technical Treatment Services Inc., as a representative of the original equipment supplier, to e~pedite repairs to the degasification unit at the North County Regional Water Treatment Plant. MAY 1 3 2003 PG, SUBMITTED BY: .._ ½ax~-._~-M----"-. Steve Messner, Supervisor Po/al Mattausch, Directo "' 4~'...~" REVIEWED BY: .~/l ,~, - (J~:~//" Date: 0_K/O S~pher~ Y~. Ca,ell, Purchasing/General Service'~ ~or APPROVED BY: ..--"'~C'/ Date: ~,' ' james: W. DeLony, P~, Public Utilities Administrator ~A¥ I 3 2003 EXECUTIVE SUMMARY APPROVE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CERTIFICATION OF FINANCIAL RESPONSIBILITY FORM, FOR THE SOUTH COUNTY WATER RECLAMATION FACILITY INJECTION WELL, PROJECT 73154 OBJECTIVE: To certify unconditionally to the Florida Department of Environmental Protection (FDEP) the County's financial obl! gation to perform plugging and abandonment of the injection system. CONSIDERATIONS: On June 25, 2002, Agenda item 16 (C)I the Board of County Commissioners approved Amendment 14 to Hole Montes and a work order (Task Order 4) to Youngquist Brothers, Inc., to construct a deep injection well at the South County Water Reclamation Facility (SCWRF). The FDEP requires that the county complete and execute a Certification of Financial Responsibility form (copy attached). This form certifies that the county will be unconditionally obligated to have the financial resources necessary to close, plug, ~nd abandon the Class I injection well and related monitoring wells. FISCAL IMPACT: Funds for the SCWRF injection well project are currently budgeted and available in the County Sewer Capital Projects. Source of funds is impact fees. GROWTH MANAGEMENT IMPACT: This project is consistent with the 2002 Wastewater Master Plan adopted by the Board on February 25, 2003, Item 10(A). RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District approve, and authorize the chairman to execute the Certification of Financial Responsibility form. Alicia Abbott, Project Manager Public Utilities Engineering, REVIEWED BY: ~"'~~ ''~'(~'2~ Date: ,-//x..q'/o 5.-.- Thomas G Wides, Director Public Utilities Fiscal Operations William D. l~lullin, P.E., Principal Project Manager Public Utilities Engineering Executive Summary SCWRF Injection Well Page 2 Roy B. ~(nderson, P.E., Director Public Utilities Engineering Jose~B. Cheatham, Was~irect Date: j~es~Lo;, P.E.,' ies Administrator MAY I 3 2003 PG. o2.- A'I~'ACHMENT A Page 1 of 6 Local Government Guarantee A unit of local government of the State of Florida may demonstrate financial responsibility as required in Rule 62-528.435(9), F.A.C., by submitting all of the following information: 1. The local government must submit a letter from its attorney attesting to the permittee meeting the definition of a local government as defined in Chapter 218, Florida Statutes (F.S.). Thc attorney must also attest to the local government's coverage under Chapter 218, Part V, F.S., Financial Emergencies. A copy of Chapter 218, Part V, F.S., is provided with this attachment. If the permittee is unable to obtain a letter from its attorney regarding its status as a local government, an alternate demonstration of financial responsibility must be submitted to the FDEP. The alternatives suggested by the FDEP are: a. Surety Bond b. Letter of Credit c. Trust Fund d. Financial Test 2. The local government must submit a Certification of Financial Responsibility which certifies uncondit/onallv the obligation of the local government to perform plugging and abandonment ~f its inject/on system(s) pursuant to Chapter 62-528, F.A.C. The certification form provides information on ~he location of the injection system(s) guaranteed by the local government with the related cost estimates for plugging and abandonment. The certification allows for a cost increase of 10 percent without submission of an updated certification form. Cancellation of the a~eement may not take place without the written consent of the FDEP Secretary. The person signing the Certification on behalf of the local government must be an individual authorized to bind the local government to such an agreement. The signing of this a~eement must be notarized to complete the processing of the "Certification of Financial Responsibility" form. The wording of the certification form is provided with this attachment. 3. A copy of the financial statements for the latest completed fiscal year must accompany items 1 and 2 above to complete the financial package for review by the FDEP. If the Department finds through its review of the financial statements that the financial strength of the unit of local government is questionable, the Department may notify the permittee of its intentions to deny the financial package as submitted. The permittee would then be required to submit an alternate financial demonstration to meet the requirements of Rule 6_-528.4a:(9), F.A.C. · ~G£NOA IT[l'~ ~ MAY I 3 2O03 ATTACHNIENT A Page 2 of 6 CERTIFICATION OF FINANCIAL RESPONSIBILITY Collier County, a unit of local government of the State of Florida, hereby certifies that it has unconditionally obligated itseff to have the financial resources necessary to close, plug, and abandon its Class I underground injection well(s) and related monitoring wells, as required by Chapter 62-528, Florida Administrative Code. It is further understood that the cost estimate to conduct plugging and abandonment, established on October 10, 2002, shall be reviewed on an annual basis and this obligation shall incorporate accumulated inflation costs. An annual adjustment exceeding ten (10) percent in any single year shall require submission of an updated certification form from Collier County. The Injection Well Covered By This A~eement is described as well number IW-2 Facility Name: South County Water Reclamation Facility Facility Address: 5600 Warren Street, Naples, Florida 34113 Facility Contact: Jon Pratt (Superintendent) Phone Number: (941) 774-6886 Latimde/Lon~tude of Injection Well: 26°05' 42" North 81° 43' 26" West DEP/EPA Identification Number: FLA014135 Current Plug~ng and Abandonment Cost Estimate: $407,844 It is hereby understood that the cancellation of this certification may not take place without the prior written consent of the Secretary of the Florida Department of Environmental Protection. ATTEST: BOARD OF COL~'TY COMMISSIONERS, Date: COLLIER COU.~NTY, FLORI]3A Dwight E. Brock, Clerk By: Tom Henning, Chairman By: : Deputy Clerk STATE OF FLORIDA ) COUNTY OF COl J It:~,R ) Acknowledged before me this __ day of ,2003, by Tom Henning, known to me to be the Chairman of the Board of County Commissioners of Collier County, Florida. By: Notary Public Approved as to form and lo. gal sufficiency: Tom ~'almer, Assistant County Attorney / N0./___~_C,,._.~ MAY I 3 2003 ATTACHIVIENT A Page 3 of 6 Plugging, and abandonment plan/cost determination - In order to demonstrate financial responsibility a permiUee or applicant must submit a detailed plugging and abandonment (P&A) plan to the Department for approval. The P&A plan should contain the following information: 1. A step-by-step plug~ng plan indicating where cement and other fillers (if any) will be placed. 2. A drawing showing the well construction and proposed placement of plugging materials. Appropriate depths should be indicated on this drawing. 3. Calculations showing the derivation of the volume of cement and other fillers (if any) needed to plug the well according to the plan prepared in Items 1 and 2 above. Separate calculations should be made for each well. 4. Calculations showing the derivation of the total cost for plug~ng each well. Costs should be itemized for each well (i.e. cement cost, mobilization cost, etc.). Financial responsibility' must be demonstrated for the sum of the total costs for all injection and associated monitor wells at a facility. Timinz of demonstrations - Department rules require that financial responsibility be demonstrated at the time of permitting and maintained. A demonstration of financial responsibility will be required for each construction and operation permit application. Also, at any time during a permit cycle, if updated plugging and abandonment costs exceed the initial financial certification amount by ten percent or more, then a redemonstration shall be submitted to the Department. Updated plugging and abandonment cost estimates should be provided to the Department at the midpoint of the permit cycle. Permittees which utilize a UIC Financial Test shall redemonstrate annually, and forward the latest annual report or financial statement. Financial responsibility is required for Class I injection wells, and any monitor well which penetrates to a depth below the underground source of drinking water. Summary. - Department UIC rules require that a permittee for a Class I injection well demonstrate and maintain financial responsibility. To do this, the applicant or permittee must first develop a plugging and abandonment plan and determine the cost associated with implementing this plan should it become necessary,. These costs should be updated daring the midpoint of the permit cycle and if. the~oo~t is ten percent or more above the amount of the previous financial responsibility demonstration is based, then a redemonstration must be made to the Department. Once the costs have been determined, several methods are available to demonstrate financial responsibility. Each method is described in the Department's guidelines for demonstrating financial responsibility. CHAPTER 218 MAY 1 3 PG. AT'rACHMF. zNT A Page 4 of 6 FINANCIAL MATTERS PERTAINLNG T'O POLITICAL SUBDIVISIONS PART V FINANCIAL EMERGENCW~S 218.50 Short title.--Sections 218.50-218.504 shall be known as the "Local Government Financial Emergencies Act." History.--s. 8, Ch. 79-183. 218.501 Purposes.--The purposes of ss. 218.50-218.504 are: (1) To preserve and protect the fiscal solvency of local governmental entities. (2) To assist local governmental entities in providing essential services without interruption and in meeting their financial obligations. (3) To assist local governmental entities through the improvement of local financial management procedures. History.--s. 8, Ch. 79-183; s. 25, Ch. 96-324. 218.502 Definition.--As used in ss. 218.50-218.504, the term "local governmental entity" means a counry, municipality., or special district. History.--s. 8, Ch. 79-183; s. 26, Ch. 96-324. 218.503 Determination of financial emergency.-- (1) A local governmental entity is in a state of financial emergency when anv of the following conditions occurs: (a) Failure within the same fiscal year in which due to pay short-term loans from banks or failure to make bond debt service payments when due. (b) Failure to transfer at the appropriate time, due to lack of funds: 1. Taxes withheld on the income of employees; or 2. Employer and employee contributions for: a. Federal social security; or b. Any pension, retirement, or benefit plan of an employee. (c) Failure for one pay period to pay, due to lack of funds: 1. Wages and salaries owed to employees; or 2. Retirement benefits owed to former employees. (d) An unreserved or total fund balance or retained earnings deficit for which sufficient resources of the local governmental entity are not available to cover the deficit for 2 successive years. (e) Noncompliance of the local government retirement system with actuarial conditions provided by law. (2) A local governmental entity shall notify the Governor and the Le~slative Auditing Committee when one or more of the conditions specified in subsection (1) have occurred or will occur if action is not taken to assist the local governmental entity. In addition, any state agency must, within 30 days after the identification of the financial N0. //,, ~ ~_ MAY ATTACI-tM~NT A Page 5 of 6 emergency, notify the Governor and the Legislative Auditing Committee when one or more of the conditions specified in subsection (1) have occurred or will occur if action is not taken to assist a local governmental entity. (3) Upon notification that one or more of the conditions in subsection (1) exist, the Governor or his or her designee shall contact the local governmental entity to determine what actions have been taken by the local governmental entity to resolve the financial emergency. The Governor has the authority to implement measures as set forth in ss. 218.50-218.504 to resolve the financial emergency. Such measures may include, but are not limited to: (a) Requiring approval of the local governmental entity's budget by the Governor. (b) Authorizing a state loan to the local governmental entity and providing for repayment of same. (c) Prohibiting a local governmental entity, from issuing bonds, notes, certificates of indebtedness, or any other form of debt until such time as it is no longer subject to this section. (d) Making such inspections and reviews of records, information, reports, and assets of the local governmental entity, in which inspections and reviews the appropriate local officials shall cooperate. (e) Consulting with the officials of the local governmental entity and the appropriate state agency regarding any steps necessary to bring the books of account, accounting systems, financial procedures, and reports into compliance with state requirements. (f) Providing technical assistance to the local governmental enti~. (g) l. Establishing a financial emergencies board to oversee the activities of the local governmental entity. The board, if established, shall be appointed by the Governor. The Governor shall select a chair and such other officers as are necessary.,. The board shall adopt such rules as are necessary, for conducting board business. The board may: a. Make such reviews of records, reports, and assets of the local governmental entity as are needed. b. Consult with the officials of the local governmental entity, and appropriate state officials regarding any steps necessary to bring the books of account, accounting systems, financial procedures, and reports of the local governmental entity into compliance with state requirements. c. Review the operations, management, efficiency, productivity, and financing of functions and operations of the local governmental entity. 2. The recommendations and reports made by the board must be submitted to t.]e Governor for appropriate action. (h) Requiting and approving a plan, to be prepared by the appropriate state agency in conjunction with the local governmental entity, prescribing actions that will cause the local governmental entity to no longer be subject to this section. The plan must include, but need not be limited to: ~6[ND~ IT[M I ATrACHM:ENT A Page 6 of 6 1. Provision for payment in full of ail payments due or to come due on debt obligations, pension payments, and all payments and charges imposed or mandated by federal or state law and for all judgments and past due accounts, as priority items of expenditures. 2. Establishment of a basis of priority budgeting or zero-based budgeting, so as to eliminate low-priority items that are not affordable. 3. The prohibition of a level of operations which can be sustained only with nonrecurring revenues. (4) During the financial emergency period, the local governmental entity, may not seek application of laws under the bankruptcy provisions of the United States Constitution except with the prior approval of the Governor. History.--s. 8, ch. 79-183; s. 54, ch. 89-169; s. 1180, ch. 95-147; s. 27, ch. 96-324; s. 29, ch. 97- 96. 218.504 Cessation of state action.--The Governor has the authority to terminate all state actions pursuant to ss. 218.50-218.504. Cessation of state action must not occur until the Governor has determined that: (1) The local governmental entiw: (a) Has established and is operating an effective financial accounting and reporting system. (b) Has corrected or eliminated the fiscal emergency conditions outlined in s. 218.503. (2) No new fiscal emergency conditions exist. History.--s. 8, ch. 79-I83; s. 28, ch. 96-324. EXECUTIVE SUMMARY,,, APPROVAL OF ONE (1) IMPACT FEE REFUND REQUEST FOR PENNY S. DIROCCO TOTALING $2,690.00 OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water and Sewer District approve a Water Impact Fee refund request for Penny S. DiRocco totaling $2,690.00. CONSIDERATIONS: Following recent discussions between county staff and the staff of the Clerk of Courts, it has been jointly determined that requests for impact fee refunds will now be forwarded to the Board for approval. Until recently, such requests were approved at the Division Administrator level; however, no County regulation expressly gave such authority. Staff is presently preparing an amendment to Ordinance No. 2001-13, as amended, the Collier County Consolidated Impact Fee Ordinance, which is also Chapter 74 of the Collier County Code of Laws and Ordinances. Among the various updates to administrative provisions regarding impact fee assessments will be specific criteria and procedures for processing routine and non-routine requests for impact fee refunds. Penny S. DiRocco ($2,690.00) - On January 6, 2003, water impact fees were charged on permit #2002101848 for a condominium unit within the Twin Dolphins Development. Impact fees had previously been paid on the original building permit (#2000111592) for the entire building. The original building was demolished, with a credit issued for the original units. New building plans were created, with the impact fees from the original building transferred to the new construction. The new building plans were subsequently revised several times. The notes applied in the permitting software system were unclear and resulted in this unit being charged as a new residential unit for water impact fees. However, a note on permit #2000111592, dated 1/10/02, states "Impact fees are assessed on 14 units. The other 23 units are considered replacement dwellings from the original building that was demolished (2000030281). The impact fees on the 23 units are considered paid or grand-fathered in. The 14 units are the additional new units, and fees were assessed in full."; therefore, this $2,690.00 water impact fee charge should be refunded. FISCAL IMPACT: The recommended Impact Fee refund will be transacted as a debit entry against the applicable revenue line items in th(, following amount: Water Impact Fee Fund - $ 2,690.00 GROWTH MANAGEMENT IMPACT: Remittance of the requested Impact Fee refund will not adversely affect capital project funding. RECOMMENDATION: That the Board of County Commissioners approve the requested Impact Fee refund request, totaling $2,690.00; and that the Board approves any related budget amendments that may be required. .~0.. //.,, ~. '_'~ Impact Fees Refunds Page 2 SUBMITTED BY: ~ tfl,~a~[ ,~,~ ~' (~)~.j4s.h~x~ Date Jacq~e~ ~.~ Jo~ [ 0~/ Enginee~ TecMici~ Public Utilities Division ~V~D BY: ~~~ ~:J' ~'~'&"~ Date: Thomas G. Wides Operations Director Public Utilities Division APPROVED BY~'--'~-D ~'~ Date: ~ '~me~ W. ~e~o~y, ~.~. / ~ ~Ad~inistrator ~ ~ Public Utilities Pivision MAY 1 3 2003 711 · 51~ Avlanu~ So~r~ TEL: :239-430-7070 t~A-X: 23~-2D- 1970 www. rkra~.corn ATTO~I~£Y$ AT ]V[ICIO. EL J. VOLI'£ 3anu~ ~ 'L4, 2003 VIA FACSINIrI~E -566-3161_ Mark 3. Woodward, Esquire Woodward, Pires 80I Lauxcl Oak Drive Suite 710 Naples, Floclda 341008 R.E: DLRocco purchase of Twit. Dolphir~ at La Peninsula, Unit 604-D Dear Mark: As you know, I represcm~ Penny S. DiRt .:co, as Trustee of the Penny S. DiRocco Trust under Agreement dated April 3, 1995, in conne,::ion with the Trust's purchase of Unit No. 604, Twin Dolphins I, a condominium. The closing :,n the Contract pursuant to which title to this unit was acquired by the Trust, took place Decembe:: 13, 2002. According to the Contract and the Addenda to it, the Seller ,,,,,as only required to p :rtially complete the unit at the time of closing w/th drywalt installed, m'o palmer coats of pain!, ro'agh plumbing, doors, hardware and trim work, appliances created but not installed and b~ filding electrical and building electrical fi×tLtres installed. The obligation to complete build out ~fthe unit was assumed by thc Buyer. Recently, the Buyer apl:l/cd to the Cou.r ty to obtain the required building permits and was informed she would be required to pay a ~ der system charge in the amount of $2,690.00. Although my client paid this c~arge, she was i~'ormed this charge is typically paid by the Developer. At the closing, the Seller delivered to tr. y client a No-Lien Affidavit in which it states, among other things, there are ~.o due, or to corr c due, unpaid bills, liens or assessments for mowing, water, sankary sewers, paving or oth~ r public utilities or improvements made by any governmental instrumentality. It further statc~ if any bill should be found, that it will be paid upon demand. At this time, DEMAh~-D IS It~REBY ~IADE that yom' client immediately reimburse the Buyer for the water system charges in the ~mount of S2,690.00. A copy of the Permit Payment Slip that include~ this charge is enclosed. The reimbursement check should be sent to ! MAY' I 3 2003 L.?--. ~Iar, uary 14 2003 P;~ge 2 ~he Buyer in care of my law o£fic¢, I would ~p :ct to be in receipt of this reL'nbursem~t check not later th~ ~Ianuxry 27th. If you have questions, p!case do not he~,ilate to ~ontact me. Other',~ise, thank you for your coopt-ration and prompt a~tcntion to this m~.ttcr. V,;~y truly yours, h,~ c hael ~_X,~olpe Mi-V/rgb Enclosure Cc: Ms. Penny S. D[Kocce Ms. Tdsh Libby, l~st Tiffs. and Abstract ATLANTA 1~ 05?ON' LOS A~0EL£3 MAY 132003 _ Permit Payment Slip ~-[,. AS JOH~ l~ MCLIVAZNE C~E,P~iP ~bZ.~ ~g~I"25 - t:~L~5 DIAZ M N 699.0P ~ ..... : .... N %22 CO IOCAL DUE '~ CD-PlUS for ~;ind~- 95,"gStMF F~ge ,t. of t COLLIER, COUNTY BOARD OF COUN'IT" COMMISSIONERS PEF:VIIT PEP~f/T ~: 2000111592 ISSUED: 03-2~-0! BY: FROLOPp E I~PL]~D 11-22-00 APPROVA~L D~TE: 02-22-01 F~TER %: 2000111592 COA 010~82 JOB ~D~SS: 700 ~ PE~ISU~ BLVD JOB DESC~PTION: M/F-37 UNiTS-TWIN ~LPHINS JOB SUBD~$ION ~: 100 - acreag~ BLOCK: 001 ~LOOD ~: 0801 ,~ .... LOT:. FOLIO ~: 0000001050000004 SEGTiON-TO%~'SHIP-I>_N 06 52 26 O~ER INFO~TION: ( ONTk~CTOR ~iIN DOLPHINS EQUITY PRTNR LTD I. G?~RETT CONSTRUCTION, INC. ~ 933 ~. T~fI~ T~L, STE 300 } ~LES, FL ~4103 CERTIFIC3.TE f: 1~1~2 PHD/¢E: 94!-643-2900 FCC CODE: 105 - P,/Fi%-E OX ,b.'O~ FTDfiLY CONSTRUCTION CODE: IQ / OTHEP, JOE %~UE: ll,000, OO0,0[~ T'OTA~ SOFT: 247,S[2 SET~CKS FRONT: F~3~R: LEFT D'.!GifT: S~WER: S E P T I C Wi~T ER :-- -- ' CO.~A~T PHONE: {9~1) 6~3-2900 Par Collier Co'anty Ord~.~ce No. ~-~3 as gr.f~:i~i,, =-:-- %[~'x.~aer the approvcd buJ!din- co~ly witk all applic~b!a l~-~s, codes, ordinances ~:[ aaalt~on~i s~i~.,~a-i ..... T~,~ aDuroved pe~ht ex~ircs if work authorJ, za! is nut ~:or~.~cad ~:it. hi~. six (E) rc~nt~= !0~,6.i.b as ~7.er. de~. Fee P. esclu~icn Nc. 9G-59{ F. rovi~.,:z for'a!~itional fear for fsi!iht prior to co~,~ncing ~ cons~u~._~cn. Tha pe~!usee furth~ m~derstsnas thst cn!v licensed contractors r~v be ~m~lov~d ~nd that +~ girus~'ara shall r. ct ~e use~ or ('::cupied unsi! C-~:~ - c~ C ....... NCTiCE: In addition tc the r~cai_~r.~nt$ cf this parr,it, there mr', bo additizn~l r~strfcticas appii~bie to tYls prcpercy t~mt found in the public records cf this county, ag~ ther~ ray b~ additional p~rm!t= :~a!red from other ~ovs~zm~tal WARNING TO OWNER: YOUR FAILURE TO RECORD NOTICE OF COMMENCEME~HT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR t MAY 132003 Receipt - Collier County Igoard of Count Commissioners CDPR1103 - Officia~ Receipt ~;~4~Number t Date I Pos! _Date P~yme~ 8lip Nbr ~ Address: 700 LA PE. NNISULA BLVD Owner;. TWIN DOLPHINS EQUITY PRTNR LTD COAfJ: 010481 Permit Type: ER4 Jcl5 Desc: M/F-37 UNITS-TWIN DOLPHINS Applicant: MIKE RICHARDSON DBA: D. GARRETT CONSTRUCTION, INC, Swr Meter. Wtr Meter. Payor: D GAR. RE'CT Fee Info ~mation Fee Code '~ Description 42WSDC [ WATER SYSTE. M OHARG;E .... 141 ' :!7351134336000000 t ,$40275.00 OBBCA[ ! BLDG.CODE CERT. SURCHARGE ~0BBPNP !. BLDG PERMITS- NAPLES .... ~OSFMEN ~.FIRE> 1 MiLLION-EAST NAPLES 111:.)0000820920100000 '~8FPRF ~ FiRE PLAN REVIEW FEE 081CIM i ISLE OF CAPRi FIRE IMPACT FEE 08MFSG i MICROFILM SURCHARGE '08RDGS }BLDG. PERMIT SURCHARGE ;11:~)00000208800000D0 51238.51 OSBAOR [BLDG. PERMIT APP. FEE CREDIT ,08APPF ! FiRE PLA, N P,~.-VIEW APP FEE 08CPNP ... j COMMUNITY/P,E. GIONAL PARKS 08EMSI !EMS IMPACT FEES UNINC. ~!14047036385000000 $1820.004 ...... ' 0&JAIL i JAIL IMPACT FEE !38' 11043036380100000 $1e51.72 08LIBR !LIBRARY IMPACT FEE-UNINC. ! 35~i156t9038399200000 , ' 08TvlFR4 [ DtST 4 RO~. IMP. ACT FEE-MULT1-F j 331116385036353000000 815105.D0 08RGPK J REGIONAL)COMMUNt'i~=pARK IMpA~li156402~8399000000 .S3497.451 08SCHI i SCHOOL BOARD IMPACT F'~E ~, 11:!30000020905000000 $11578.00 ~ Tot. al - Con~i,~ued - Collier County Board of County Commissioners Prtnted:03128,~001 8:24:14 AM CD-Plus for Windows 95/NT MAY 1 3 2003 EXECUTIVE SUMMARY APPROVE WORK ORDER # MP-FT-03-02, FOR MUNICIPAL SOLID WASTE PROCESSING AND GASIFICATION PROJECT NEGOTIATIONS TO MALCOLM PIRNIE, INC., UNDER CONTRACT # 00-3119, FIXED TERM UTILITIES ENGINEERING SERVICES, IN THE AMOUNT OF $232,960. OBJECTIVE: To obtain Board of County Commissioners approval to negotiate a design, build, own, operate and finance agreement for a solid waste and gasification facility. CONSIDERATIONS: Following the presentation of findings related to Municipal Solid Waste (MSW) Processing and Gasification Facility Request for Proposals (RFP #02- 3316) during the March 11, 2003 Board of County Commissioners (Board) meeting, the Public Utilities Division staff (Staff) was authorized to request a "best and final" cost per ton fee on the basis of 150,000 tons per year of MSW with Interstate Waste Technology (IWT). With Board authorization, Staff will then negotiate a design, build, own, operate, and finance agreement with either IWT or Brightstar Environmental (Brightstar) for a gasification facility capable of processing 150,000 tons per year of MSW generated in the County. It is necessary that Staff~be assisted by an engineering consultant in this effort, due to the technical complexity of the negotiations. A scope of work was requested from Malcolm Pimie, Inc. Staff from the Public Utilities Engineering Department and the Purchasing Department thoroughly reviewed the scope of work and recommend acceptance of the Malcolm Pimie, Inc. work order. This work order is pursuant to the agreement for Fixed Term Utilities Engineering Services, Contract # 00-3119, approved by the Board of County Commissioners on April 10, 2001, Agenda Item # 16(C)(9). FISCAL IMPACT: The funding of $232,960 for this contract is available from Fund 470, the Solid Waste Disposal Fund. 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, under contract g00-3119, with Malcolm Pirnie, Inc., for $232,960, and authorize the Public Utilities Administrator to execute the work order. MAY t 3 2003 SUBMITTED BY: ,~ ' -' Roy . Anderson, P.E. Date Project Manager, PUED Director REVIEWED BY: ~/" ' Stephen Y. Camell Date / Purchasing/General Services Director t 4/4/ REVIEWED BY: ~_..~ ----~ ...... ~------,.- -'k ...... --- ~ 3, Date George Yilmaz ~ APPROVED BY: ....--~. ~'~--~,~'~ ~ ~ '~~ ~- JarrJes neLony, P.E../ Date .. lic Utilities Admiffistrator I~AY 1 3 2003 Work Order # MP-FT-03-02 Contract No. 00-3119 Agreement for Fixed Term Utilities Engineering Services April 10, 2001 This Work Order is for Engineering Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Municipal Solid Waste Processing and Gasification Project Negotiations Scope of Work Following the presentation of findings related to the Municipal Solid Waste (MSW) Processing and Gasification Facility Request for Proposals (RFP gO2-3316) during the March 11, 2003 Board of County Commissioners (Board) meeting, the Public Utilities Division staff (Staff) was authorized to request a "best and final" cost per ton fee on the basis of 150,000 tons per year of MSW with Interstate Waste Technology (IWT). In accordance with the Board's direction, Staff will then report back to the Board for further action. With Board authorization, Staff will then negotiate a design, build, own, operate, and finance agreement with either FWT or Brightstar Environmental (Brightstar) for a gasification facility capable of processing 150,000 tons per year of MSW generated in the County. Concur]'ent with negotiations, Staff will also perform additional support activities. This work order identifies those activities ,,,,,here Malcolm Pirnie's assistance has been requested. Task I Pro[ect Management Assistance Malcolm Pirnie will provide project management assistance to ensure coordination and continuity between Project Delivery Team members, which represent the following County Departments: Public Utilities Engineering Solid Waste Management ,- Wastewater ,.- Public Utilities Finance Purchasing County Attorney's Office (including Special Counsel) ,- Public Utilities- Public Information Officer (PLO) This work will include, at a minimum, the following elements: Prepare a Project Management Plan Prepare Principles of Negotiations Prepare Interim Progress Reports These documents would be developed consistent with Public Utilities Division policies. Deliverables 1. Prepare a draft and final Project Management Plan (PMP) 2. Prepare draft and final Principles of Negotiations (PONs) 3. Prepare draft and final Interim Progress Reports (IPRs) Iof5 [ MAY 132003 Task II Public Information Materials Preparation Assistance Malcolm Pirnie will coordinate with the Public Utilities PlO and assist the Project Delivery Team with the preparation and presentation of services and materials intended to inform Staff, appointed citizen advisory groups, service and social organizations, news media and the general public about the County's long term integrated solid waste management program and initiatives, particularly including the proposed gasification project. The work and deliverables under this Task are further described as follows: 1. Training - Malcolm Pimie will provide two (2) training seminars of approximately two hours duration each, at a time and location selected by the County, for County Staff and individuals invited to attend by the County. The seminars will focus on the technical aspects of the gasification proposal selected by the County for continued contract negotiations. 2. Press Kit - Malcohn Pirnie will coordinate with the Public Utilities PlO and assist the Project Delivery Team with the preparation of a binder containing from five (5) to seven (7) separate (perhaps overlapping), simplified technical news releases, including drawings and diagrams. relating to the County's long term integrated solid waste management strategy and more particularly, the gasification project. These materials will be suitable for periodic release to news media and ,,viii be suitable for reproduction by the media. Short, scripted questions with responses, including appropriate drawings or diagrams, will be prepared for television interviev,'s supporting the news releases. These support interviews are intended to be from 15 to 30 seconds in duration. 3. PowerPoint Presentation - Malcoh-n Pirnie will assist the Project Delivery Team in the preparation of two (2) scripted non-technical PowerPoint Presentations on the long-term integrated solid waste program in Collier County with a specific focus on the gasification facility for use by the County Staff when making presentations to the following targeted audiences: Service and social groups, and other interested citizen groups Middle school level audience with information that can be added or taken out for older or young_er level audiences At a nfinimum, the presentation materials will include a PowerPoint presentation, a set of transparency slides, a set of 8 ~/z" X 1 I" color prints, and a set of 30" X 24" color prints mounted on a foam backboard. Color copies of the PowerPoint presentations, with presentation notes. will be provided. A list of frequently asked questions and answers will also be provided as described below. 4. Frequently Asked Questions - Malcolm Pirnie will prepare a list of anticipated public questions and answers regarding the County's long term integrated solid waste management strategy and more particularly, the gasification project Malcolm Pirnie will work closely with the Project Delivery Team and in particular the Public Utilities Division's PIO to ensure that the products are technically accurate, 3'et simply conveyed. Under each deliverable, it is assumed that multiple drafts and ongoing refinements will be required. Therefore. it is assumed that the Public Int'brmation Coordinator be primarily responsible roi' coordinating the final production of public in/brmation materials. 2 MAY I 3 2003 Task III Best and Final Price Proposal Request from IWT Malcolm Pirnie will assist staff to request the best and final price proposal from IWT. It is assumed that this Task will include face-to-face meetings in South Florida between the Project Delivery Team and IWT. It is further assumed that materials developed under Task I will be used to guide the negotiations. While the focus under this Task is primarily financial, Malcolm Pirnie will also provide technical assistance and offer guidance on the relationship between technical, financial, and legal issues. Upon conclusion of final price proposal negotiations, Malcolm Pirnie will prepare and distribute a draft summary memorandum via e-mail detailing the result of the price proposal negotiations. It is assumed that Project Delivery Team members will provide comments on the draft memorandum within five (5) business days. Following receipt of comments, Malcolm Pirnie will finalize the summary memorandum and distribute to the Project Delivery Team members within five (5) business days. The final summary memorandum will form the basis of the presentation described under Task V. Deliverable 1. Prepare draft and final summary memorandum. Task IV Contract Negotiations with either Interstate Waste Technology or Brightstar Environmental Following Board authorization, Malcolm Pimie will assist staff to negotiate a design, build, own, operate, and finance agreement with either IWT or Brightstar for a gasification facility sited in the County capable of processing 150,000 tons per year of MSW generated in the County. An emphasis will be placed on risk allocation and provisions to ensure that the County can recoup its development costs should the project never achieve substantial completion. It is assumed that this Task will require face-to-face meetings in South Florida between the Project Delivery Team and either or both IWT or Brightstar. It is further assumed that materials developed under Task I and Task III, as applicable, will be used to guide the negotiations. In addition, Malcolm Pirnie will also evaluate the issues related to utilizing landfill gas generated at the Naples Landfill as a means to lower the per ton cost, as well as the possibility of using the gasification project for contingency disposal for County generated wastewater residuals and grease trap waste. Upon conclusion of final contract negotiations, Malcolm Pirnie will prepare and distribute a draft summary memorandum via e-mail detailing the result of the contract negotiations. It is assumed that Project Delivery Team members will provide comments on the draft memorandum within five (5) business days. Following receipt of comments Malcolm Pirnie will finalize the summary memorandum and distribute to the Pro. ject Delivery Team members within five (5) business days. The final summary memorandum will form the basis of the presentation described under Task V. Deliverable 1. Prepare draft and final summary memorandum. ~ 0...~._..~ 3 ~1' 5 MAY 1 3 2003 Task V Presentations to the Board of County Commissioners Malcolm Pirnie will assist staff with two (2) Board presentations and will be available to answer technical and financial questions during the Board meeting. The first presentation relates to recommendations on IWT's best and final price proposal, while the second presentation relates to staff recommendations on the negotiated agreement. Malcolm Pirnie will provide the following for each presentation: > Draft and final presentation script >' One (1) electronic copy >' Fifteen (15) color copies As coordination is critical to ensure a seamless .presentation, it is assumed that Malcolm Pirnie ',,,'ill participate in face-to-face meetings or telephone conferences with the Project Delivery Team during the planning and production phases of this Task. Deliverables 1. Draft and final presentation scripts 2. Draft and final presentations related to IWT's best and final price proposal 3. Draft and final presentations related to the final agreement Schedule of Work The Scope of Work defined herein will be completed within seven (7) months following receipt of notice to proceed. The budget provided below is based on the schedule of work as provided herein and is subject to cost adjustment resulting from any extension of the schedule of work. Compensation The County will compensate Malcolm Pirnie on a lump sum basis for services rendered in accordance with this Work Order in the amount provided below. Estimated Task Labor Expenses Amount Task I- Project Management Assistance S39.500 S1.520 S41,020 Task II - Public Information Materials Preparation S61,i00 SI,080 $62.180 Assistance Task III - Best and Final Price Proposal Request from $20,400 S1.520 $21.920 IWT Task IV - Contract Negotiations with Either Interstate Waste Technology or Brightstar $72,300 I S3,720 $76,020 Environmental Task V - Presentations to the Board of County $30,300 S1,520 $31,820 Commissioners Total (Lump Sum) $223,600 $9,360 $232,960 Total Lump Sum Amount including Labor and Expenses: $232,960 (Two hundred thirty two thousand nine hundred sixty dollars). A~#OI IT[Iq ~ J" PlAY 1 3 2003 In addition to performing the services contained herein, Malcolm Pirnie wilt perform Additional Services, as requested by the County. Any Additional Services shall be performed in accordance with Article 2 of the professional Services Agreement ISSUED Rfy. B. Anderson, P.E. Date Project Manager/PUED Director REVIEWED BY: St~"~he"~Y. Carne - Date Purchasing/General Services Director REVIEWED BY~~eLo~y' P.E. / ~Date ~ Utilities Administrator ACCEPTED BY: '~i~n C. Schwarz~.E., DEE /~ Date Malcolm Pirnie, Inc. ~ Title 5 of 5 MAY I 3 2003 EXECUTIVE SUMMARY DECLARE THE NAPLES LANDFILL FAN BASED ODOR CONTROL SYSTEM SURPLUS AND RECOMMEND THE MOST EQUITABLE METHOD OF DISPOSAL. OBJECTIVE: To recoup the greatest monetary return on the Fan Based Odor Control System. CONSIDERATION: 1. The Eric'sons Fan Based Odor Control system was proposed to control odor at the Naples Landfill. 2. On May 25, 1999 the BCC approved the Solid Waste Department to purchase of the Fan Based Odor Control System for $250,000. 3. The Fan Based Odor Control Project was put on hold in June 2000 when the projected cost of the project, including design, permitting and installation, exceeded $500,000. Since that time the odor problem at the landfill has been "'- controlled by other means. 4. In October 2002 the Solid Waste Department hired Professional Services, Inc. (PSI) to investigate alternative uses, and other recommendations for the fan system. No feasible alternative was found, therefore, PSI concluded that the fan equipment should be sold at auction. FISCAL IMPACT: Funds recovered from the sale of the fan equipment will be placed in the Solid Waste Disposal Reserve Fund (470). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board declare the fan system as surplus and authorize the sale of the system through the County Auction or Surplus Bid. AGE'IDA HAY I 3 2003 __ ~'G. ,. ! SUBMITTED BY: l~e~/in H: Durra, Environmenta~ Compliance Manager, SoLid Waste Management Department REVIEWED BY:-~'"---'--'~-~----'~'~-~- "~-"~ Date: G. George Yilmaz, Director Solid Waste Management Department REVIEWED BY: ~ 'StephEn Y. C~rnell Director Purchasing/General S~ Depa~ment APPROVED BY:~'~' ..- James W. DeLony, ? Public Utilities Administrator FACT SHEET Naples Landfill Fan-Based Odor Control Proiect April 30 2003 1. Purpose. To provide the County Managers Office background and current status on the FY1999 Fan-Based Odor Control Project for the Naples Landfill. 2, Background/Considerations. The Collier County Board of Commissioners (BCC), on May 25,1999, approved $250,000 for a fan-based odor control system. This action was taken as part of the County's response to a FDEP Consent Order to address the odor problem at the Naples Landfill. Public Utilities Division executed a supply contract, in the amount of $248,880, in June 1999, for 13 large fans. These large fans are similar to the fans used in orchards for frost control. The fans were received and stored at the Naples Landfill in December 1999, where they remain today. When the total project cost of the fan-based odor control system supply, design, permitting, and installation reached an estimated $500,000, the County Manager, Tom Olliff, decided in June 2000, on a Public Utilities Division staff recommendation, to put the fan-based odor cOntrol project on hold. Since this time, the FDEP Consent Order for the Naples Landfill odor problem has been successfully addressed by other methods and measures, making the fan-based odor control project no longer a justified requirement. The Public Utilities Division, in April 2002, issued a work order for $7,705 to a consultant, Professional Services Industries, to study alternative uses for the 13 fans. A report has been received from PSI on November 26, 2002. 3. Future Actions/Considerations. The following was performed by PSI to establish the maximum recovery value to the County for the 13 fans. The general approach is to develop a preliminary marketing strategy for the equipment. This involves establishing the following general information: -- What equipment is to be sold? -- What is the value of the equipment and asking price? -- Where should the equipment be stored prior to sale? -- What are the target markets for the equipment? -- How can the equipment be marketed to the target markets? A. Develop Storage Alternatives. Solid W~ste Department with the help of PSI looked into to a suitable storage location other than the Naples Landfill for the13 fans. Once a more suitable location is decided, all the equipment will be scheduled for moving. Equipment loading and transport is not included in the PSI proposal. B. Development of Presentation Material. PSi prepared an itemized equipment list, and summarized the performance characteristics. The performance characteristics were compared to general needs at wastewater A~ N~)A IT£M NO. //,, ?~ "-~ 1 MAY 1 3 2003 treatment plants for odor control and orchards for frost control. Additional markets were identified during the investigation. Photographs of the equipment were incorporated into presentation material for use with interested sales prospects. C. Establish Present Value of the System. The present value of the equipment was estimated by gathering the following information: -- Cost of equipment at time of purchase. -- Cost of equipment if purchased today. -- Price paid for similar used equipment. 4. Current Options & Assessment. The PSI report explored options/alternatives for the 13 fans, and provided recommendations. Below are general outlines of several under study by PSI: A. Evaluate & Develop Usage Alternatives. At this time two potential usage alternatives have been identified: 1. Waste Water Treatment Plant (WWTP) Odor Control - This application is similar to the original intent for the fan system at the Naples Landfill. PSI will contact trade associations and owners of WWTP's including Collier County to determine the level of interest in the fans for odor control. General methods of application will be determined, if possible. 2. Orchard Frost Control - Fans have been used for many years for frost control in orchards. Citrus and other grower associations will be contacted. IFAS and government agencies will be contacted. Florida citrus growers will be contacted. Application technology will be determined, if possible. B. Surplus and auction out salvageable parts - In light of alternative use assessment, surplus all parts for sale. 5. Conclusions and Actions 1. PSI concluded that the best option is to sell the fan equipment at auction. They further recommend that the equipment be transported to a professional auction company. Based on a comparative cost analysis Grady Weeks Auctions is likely to return the highest return on the fan equipment. 2. The Clerk of the Courts Office would like to pursue ,~dditional legal review of the Agreement with Eric' sons, the designer of the Wind Based Odor Control System. The Clerk's Office will continue to meet with the County Attorney's Office, Purchasing and Solid Waste to construct a joint recommendation for the BCC concerning disposal of the fan system. A. The Solid Waste Department prepared the joint RLS by 7 Feb 2003. B. The manufacturers of the equipment have been contacted regarding the feasibility of a buy back. Because the main components are AG[ I~OA ITl:lq HAY ! 3 2003 electric motors and are more than three years old, the manufacturer's representative considers them used. No buy back agreement was reached. 3. The Solid Waste Department prepared an Executive Summary on March 11,2003, requesting the BCC to surplus the Fan System and allow it to be sold by Auction. On March 17, 2003, the Purchasing Department reviewed the PSI report and suggested the use of the County's auction by Purchasing Department. The Solid Waste Department revised this Executive Summary to recommend that the Fan System be auctioned through the normal County procedure. 6. Recommendations 1) That the Board declare the fan system as surplus and authorize the sale of the system through the County's Auctioneer or Surplus Bid. 2) The Solid Waste Department will continue to coordinate and provide technical support to the Clerk's Office, and the County Attorney's Office in coordination with the Purchasing Department for any further action. EXECUTIVE SUMMARY APPROVAL TO PIGGYBACK ON REQUEST FOR LETTERS OF INTEREST NUMBER 090297RB FROM BROWARD COUNTY FOR ANNUAL SECURITY SERVICES FROM WACKENHUT CORPORATION AT THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT IN THE ESTIMATED AMOUNT OF $75,000 OBJECTIVE: That the Board of County Commissioners, Ex-officio the governing Board of the Collier County Water and Sewer District, authorize the usage of the Broward County Request for Letters of Interest No. 090297RB for the provision of security services at the South County Regional Water Treatment Plant. CONSIDERATIONS: The purpose of this service is to provide scheduled security services to the South County Regional Water Treatment Plant. Due to the increased security concerns throughout the United States the South County Regional Water Treatment Plant has been designated as a vulnerable location within the Water District. An expansion to the South County Regional Water Treatment Plant is currently under construction, which has greatly increased the amount of traffic onto the site. Wackenhut Corporation will provide a guard to be stationed at the South County Regional Water Treatment Plant from 6:00 a.m. to 6:00 p.m. Monday through Saturday. The security service will monitor incoming and exiting traffic from the site to ensure that no unauthorized persons gain access to the facility. The facility is secured from 6:00 pm to 6:00 am and Sundays by South County Regional Water Treatment Plant staff. FISCAL IMPACT: Funds are currently available in the South County Regional Water Treatment Plant budget in the estimated amount of $75,000. The source of funding is County Water/Sewer Operating Fund (408), User Fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact in the award of this bid. RECOMMENDATION: It is recommended that the Board of County Commissioners, Ex-Officio the Collier County Water/Sewer District, authorize the usage of the Broward County Request for Letters of Interest No. 090297RB for the provision of security services to the South County Regional Water Treatment Plant. ~~ker~-SafSty Coordination Piul Ma/tausch~, Water Director AGREEMENT Between BROWARD COUNTY and WACKENHUT CORPORATION for SECURITY SERVICES RL! NO. 090297RB This is an Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County," AND WACKENHUT CORPORATION, a Florida corporation, hereinafter referred to as "Contractor." IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, County and Contractor agree as follows: DEFINITIONS AND iDENTIFICATIONS 1.1 Agreement- means this document, Articles 1 through 9, inclusive. Other terms and conditions are included in the exhibits and documents that are expressly . incorporated by reference. 1.2 Board - The Broward County Board of County Commissioners. 1.3 Contract Administrator - The Broward County Administrator, the Director of the Broward County Aviation Department or designee of such County Administrator or Director. The pdmary responsibilities of the Contract Administrator are to coordinate and communicate with Contractor and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as CAF#112.FRM -1- (Rev. 6/19/97) MAY 1 3 2003 PG., .~ contrasted with matters of policy, all parties may rely on the instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services, and provided further that changes by the Contract Administrator which are expressly authorized by the Procurement Code (Chapter 21 of the Broward County Administrative Code) may be relied upon by the parties. 1.4 Contract Year - shall mean twelve calendar months, beginning on August 5th of each year and ending on the following August 4th, of each yearly period during the term of this contract. 1.5 County Attorney - The chief legal counsel for County who directs and supervises the Office of the County Attorney pursuant to Section 4.03 of the Broward County Charter. ARTICLE 2. SCOPE OF SERVICES 2.1 Contractor shall perform all work identified in this Agreement and Exhibit A. The parties agree that the Scope of Services is a description of Contractor's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Contractor impractical, illogical, or unconscionable. The Contractor will provide security services to various County agencies ("Using Agencies"), as required by County. Services may encompass a range of basic operations such as standing post, completing reports, and making notifications to specialized functions such as dispatching, motorized vehicle and bicycle patrol, as well as security at specialized sites such as airport gates and courthouses. Contractor will be required to provide any of the three classes of Security Officers (Class I, il, and Ill, as described in Exhibit A-l) needed to perform the varying functions that might be needed by a Using Agency. In addition to the training required by Exhibit A additional training or certification may be required by a Using Agency for any particular function, and such training shall be provided at the Contractor's expense and at no expense to the County. 2.2 The parties recognize that questions will arise in the day-to-day provision of services to a Using Agency under this Agreement. The Contract Administrator, shall advise Contractor in writing of one (1) or more of the County's employees to whom communications pertaining to the day-to-day conduct of services for each Using · Agency shall be addressed ("Using Agency Representa~ ). Contractor shall inform the Using Agency and the Contract Administrator in writing of Contractor's CAF#112.FRM (Rev. 6/19/97) -2- ' AG~ItOA IT£~ / i NO.~ representative with respect to each Using Agency to whom matters involving the conduct of services under this Agreement shall be addressed. 2.3 Prior to the provision of any services under this Agreement to any Using Agency, Contractor must receive an approved Purchase Order from the Using Agency. At any time, any Using Agency may downsize usage or increase usage of Contractor's services, at any County site, as required by the Using Agency, upon verbal notification from the Using Agency Representative to the Contractor (followed by written confirmation). In addition, upon verbal notice from any Using Agency Representative (followed by written confirmation), Contractor shall cease providing services to the respective Using Agency, effective upon the date established by the notice. 2.4 This is a non-exclusive contract. The Contractor acknowledges and agrees that the County makes no guarantee as to the quantity or type of work available under this contract, and the County, in its sole discretion may contract with one or more other firms to provide services similar to the services to be made available by Contractor under this Agreement. 2.5 Contractor acknowledges and agrees that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement except as expressly authorized by the Broward County Procurement Code (Chapter 21 of the Broward County Administrative Code). 2.6 The Contractor shall promptly address any concerns raised by the Contract Administrator or a Using Agency pertaining to the administration of services under this contract, including but not limited to the security guards provided to the Using Agencies, furnishing of supplies and equipment, and procedures for timely payment of personnel and subcontractors. Personnel shall be paid at least bi-weekly (once every other week). 2.7 The Contractor shall implement its Quality Control Program that was included in its response to the Request for Letters of Interest pursuant to which this Agreement . was awarded (the "Quality Control Program"). The Contractor shall promptly address any concerns raised by the Contract Administrator or a Using Agency pertaining to the Quality Control Program. 2.8 Subject to the provisions hereof, Contractor will provide the key staff identified on Exhibit A-2, as long as said key staff are in Contractor's employment, which key staff shall be provided without separate charge to the County. The key staff sha~l serve in the functions specified on ~. If any key staff person.discontinues employment with Contractor, then Contractor shall immediately notify the Contract CAF#112.FRM (Rev. 6/19/97) -3- HAY I 3 2003 PG. Administrator in writing. Contractor will obtain prior written approval of the Contract Administrator prior to any replacement or any other change in key staff and shall provide Contract Administrator with such information as necessary to determine the suitability of proposed new key staff. If Contract Administrator desires the removal of any key staff, Contract Administrator shall so advise Contractor in writing, and Contractor will remove such staff and provide replacement staff that is satisfactory to the Contract Administrator. 2.9 Throughout the term of this Agreement, the Contractor shall keep fully informed of all federal, state, County and local laws, ordinances, codes, rules, and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, affect services to be provided under the terms of this Agreement. The Contractor, its subcontractors, and their officers, agents, and employees shall at all times observe and comply with all such laws, ordinances, codes, rules, regulations, orders, and decrees in performing its duties, responsibilities, and obligations related to this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 The term of this Agreement shall be for a period of two (2) years, beginning on August 5, 1998 and shall end on August 4, 2000; provided, however, that the Purchasing Director may renew this Agreement for three (3), one-year periods, upon the same terms and conditions, by giving written notice of renewal to the Contractor thirty (30) calendar days prior to the end of the term or any renewal term. Notwithstanding the foregoing, the continuation of this Agreement beyond the end of any fiscal year shall be subject to the availability of funds from County in accordance with Chapter 129, Florida Statutes. 3.2 Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities required by this Agreement. ARTICLE 4 COMPENSATION 4.1 County agrees to pay Contractor, the hourly rates for the security guards at the rates for each year of this contract, as are established by Exhibit A-l, which amounts shall be paid in the manner specified in Section 4.3, and as provided below. 4.1.1 Overtime Charges - New Site Assignments or Additional Shifts. The County will make an effort to give the Contractor at least 48-hours notice of any new site assignment or additional shift requirements. If the operational needs of CAF#112.FRM (Rev. 6/19/97) -4- MAY 1 3 2003 any Using Agency result in less than 48-hours notice being given for any additional shift requirements or new site assignment, then the County shall pay the Contractor overtime at the "Overtime Rate" set forth on Exhibit A-l, for the first forty-eight (48) hours of any new site assignment or additional shift requirement; provided that such coverage is made available by Contractor within the later to occur of ("Response Time"): twelve (12) hours of the request by the Using Agency Representative, or the time specified by the Using Agency Representative. Any delay in providing such coverage by the Contractor beyond the Response Time shall reduce the overtime charges on an hour-for-hour basis. The Using Agency assignments identified in Exhibit D, attached hereto and made a part hereof, are the assignments that are currently in effect for the County as of the commencement of this Agreement and such assignments shall not constitute new assignments or additional shifts. 4.1.2 Overtime Charges - Shifts that are Less than Eight (8) Hours. If any Using ~,gency requires the Contractor to provide security services for less than an eight (8) hour shift in any 24-hour period, then upon receipt of any such request from a Using Agency, the Contractor shall review its ability to provide such service without using security officers on their days off or past their regular tours of duty. If the Contractor determines that it is unable to provide _ the requested services unless it uses security officers on their days off or past their regular tours of duty, the Contractor shall give the Using Agency written notice to that effect within forty-eight (48) hours of the request and the County shall pay overtime for the services requested, at the Overtime Rate. If the Contractor shall fail to provide such notice within the aforesaid time period, no overtime may be charged by the Contractor for the services. There shall be no overtime charged for any shift that is eight (8) or more hours in duration in any 24-hour period. 4.1.3 Actual Overtime Must be Worked - It is expected that the Contractor will provide services pursuant to subsections 4.1.1 and 4.1.2 using security officers on their days off or past their regular tours of duty. Notwithstanding anything to the contrary set forth in subsections 4.1.1 and 4.1.2, the .. Overtime Rate shall be paid by the County for only those hours worked in excess of a regular weekly tour of duty. Any and all requests by Contractor for overtime compensation must be accompanied by payroll documentation showing payments to security personnel for overtime hours directly r ttributable to the request by the County for coverage pursuant to subsection 4.1.1 or 4.1.2. 4.2 County agrees to pay Contractor, the rates for equipment, as specified on Exhibit A-l, in the manner specified in Section 4.3. CAF#112.FRM -5- (Rev. 6/19/97) MAY I 3 2003 4.3 METHOD OF BILLING AND PAYMENT.. 4.3.1 Contractor may submit invoices for compensation no more often than on a weekly basis, with a separate invoice being provided for services provided to each Using Agency. Each invoice shall show the total number of security guard hours and equipment usage, by specific location, security guard classification, and equipment type, provided on a daily basis. An original invoice plus one copy shall be submitted to the County's Accounts Payable Division and one copy shall be submitted to the applicable Using Agency Representative. Supporting information must be provided with each invoice, that shows a daily breakdown of staff reporting times, assigned posts, equipment types and usage and remarks to indicate differences between the County required coverage and that which was supplied. These billings shall identifl/the nature of the work performed, the total hours of work performed, the employee category of the individuals performing same, and the equipment types and usage. Billings shall also indicate the cumulative amount of SDBE participation for the period covered by the billing as well as the cumulative amount to date. Supporting invoices for subcontractor services must be provided. VVhen requested by Contract Administrator or the Using Agency, Contractor shall provide backup for past and current invoices that records hours and costs by employee category, equipment used, and Using Agency, including subcontractor hours and costs, so that total hours and costs by Using Agency may be determined. 4.3.2 County shall pay Contractor within thirty (30) calendar days of receipt of Contractor's proper statement, as required by the "Broward County Prompt Payment Ordinance" (Broward County Ordinance No. 89-49, as may be amended from time to time). To be deemed proper, each invoice must comply with the requirements set forth in this Agreement, must be approved by the applicable Using Agency Representative, and must be submitted on the form and pursuant to instructions prescribed by Contract Administrator. Payment may be withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. Notwithstandin9 the foregoing, the parties desire to achieve early resolution of payment concerns and, accordingly, Using Agency Representatives shall make a good faith effort to verbally contact the Contractor prior to any Using Agency Representative making any notation on an invoice to deduct an item from payment. However, the failure of a Using Agency Representative to contact the Contractor prior to making any such notation shall not be deemed a waiver of County's right to withhold payment for any improperly submitted item on an invoice. CAF#112.FRM (Rev. 6/19/97) MAY I 3 2003 '~- 4.4 Notwithstanding any provision of this Agreement to the contrary, County may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of fraud or reasonable evidence indicating fraud by Contractor. When the above reasons for withholding payment are removed or resolved in a manner satisfactory to Contract Administrator after receiving comments from any affected Using Agency, payment may be made. The amount withheld shall not be subject to payment of interest by County. 4.5 Payment shall be made to Contractor at: The Wackenhut Corporation PO Box 277469 Atlanta, GA 30384-7469 4.6 The Contractor shall pay all applicable sales, consumer, use, employment and similar taxes required by law and shall pay all employee benefits mandated by law, including without limitation, social security and unemployment insurance. 4.7 All direct employees of Contractor, and any persons supplied by or through Contractor, shall not be entitled to any compensation or any benefits that may be provided by the County to its own employees, nor shall the County in any way be liable for providing or payment of any such compensation or benefits. The .... Contractor shall provide a written notice to all persons supplied by or through Contractor that any benefits which may be provided shall be, and are, the responsibility of the Contractor exclusively and County shall be responsible for no compensation or ben~fits to any such persons. 4.8 SUBCONTRACTORS. 4.8.1 Contractor shall utilize the subcontractor that is set forth in its response to the County's Request for Letters of Interest, that was a material part of the selection of Contractor to provide the services under this Agreement. Contractor shall obtain written approval of Contract Administrator and the Broward County Division of Equal Employment & Small Business ~ Opportunity prior to changing or modifying the list of subcontractor(s) attached as Exhibit B. 4.8.2 Invoices for any services performed by any subcontractors shall be passed through to County withr ut a_Qy additional charge by the Contractor that would represent a profit to the Contractor. All such services shall be itemized on invoices from such subcontractors, showing work performed and charges incurred. Contractor shall bill subcontractor services using the unit costs on Exhibit A-1. ~"- CAF#112.FRM -7- (Rev. 6/19/97) HAY ! 3 2003 4.8.3 Contractor shall bind each and every approved subcontractor to the terms stated in this Agreement and shall require the proper licensing of such subcontractors. 4.8.4 Contractor shall provide County with copies of its contracts between the Contractor and the approved subcontractors. ARTICLE 5 CHANGES IN SCOPE OF SERVICES 5.1 Any change to the Scope of Services must be accomplished by a written amendment, executed by the parties in accordance with Section 9.17 below. ARTICLE 6 INDEMNIFICATION 6.1 Contractor shall at all times hereafter indemnify, hold harmless and, at County Attorney's option, defend or pay for an attorney selected by County Attorney to defend County, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including .attorney fees, court costs, and expenses, caused by negligent act or omission of Contractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by Contract Administrator and County Attorney, any sums due Contractor under this Agreement may be retained by County until all of County's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by County. ARTICLE 7 INSURANCE. 7.1 In order to insure the indemnification obligation contained above, Contractor shall, as a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement (unless otherwise provided), the insurance coverages set forth in Sections 7.3, 7.4, and 7.5, in accordance with the terms and conditions required by this Article. CAF#112.FRM (Rev. 6/19/97) -8o MAY 1 3 2003 7.2 Such policy or policies shall be without any deductible amount and shall be issued by companies authorized to do business in the state of Florida, and having agents upon whom service of process may be made in Broward County, Florida. Contractor shall specifically protect County and the Broward County Board of County Commissioners by naming County and the Broward County Board of County Commissioners as additional insureds. Contractor's naming of the County and the Board of County Commissioners as additional insureds pursuant to this Agreement shall afford coverage only for the negligence of Contractor in performance of services under this Agreement and in no event shall such coverage be construed so as to make Contractor or its insurer liable for the negligent acts or omissions of the Board of County Commissioners, its officers, employees or agents. 7.3 ~ensive General Liability Insurance_. A Comprehensive General Liability Insurance Policy shall be provided which shall contain minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for bodily injury liability and property damage liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Premises and/or operations. independent contractors. Products and/or Completed Operations for contracts. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 7.4 Business Automobile LiabHi~. Business Automobile Liability with minimum limits , of Three Hundred Thousand Dollars ($300,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Owr.ed Vehicles. 7.5 Workers' Compensation insurance. Workers' Compensation insurance to apply for ~11 employees in compliance with the '%Norkers' Compensation Law" of the State of F~orida and all applicable federal laws. In addition, the policy(les) must include: CAF#112.FRM -9- (Rev. 6/19/97) , A?..,[ NOA NO o,.._~.~__~.~._L~ MAY 1 3 2003 ~'s. II Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000.00) each accident. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. 7.6 Contractor shall furnish to the Contract Administrator Certificates of Insurance or endorsements evidencing the insurance coverages specified by this Article prior to beginning performance of work under this Agreement. The required Certificates of Insurance shall name the types of policies provided. 7.7 Coverage is not to cease and is to remain in force (subject to cancellation notice) until all performance required of Contractor is completed. All policies must be endorsed to provide County with at least thirty (30) calendar days' notice of cancellation and/or restriction. If any of the insurance coverages will expire prior to the completion of the_work, copies of renewal policies shall be furnished at least thirty (30) calendar days' prior to the date of their expiration. ARTICLE 8 TERMINATION 8.1 This Agreement may be terminated for cause by action of Board or by Contractor upon ten (10) calendar days' written notice by the party that elected to terminate, or for convenience by action of Board upon not less than thirty (30) calendar days' written notice by Contract Administrator. This Agreement may also be terminated by Contract Administrator upon such notice as Contract Administrator deems appropriate under the circumstances in the event Contract Administrator determines that termination is necessary to protect the public health, safety, or welfare. 8.2 Termination of this Agreement for cause shall include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of County as set forth in this Agreement, or multiple breach of the provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. 8.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by Contract Administrator which Contract Administrator deems necessary to protect the public :~ealth, safety, or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. CAF#112.FRM (Rev. 6/19~97) -10- 8.4 In the event this Agreement is terminated for convenience, Contractor shall be paid for any services performed to the date the Agreement is terminated; however, upon being notified of County's election to terminate, Contractor shall refrain from performing further services or incurring additional expenses under the terms of this Agreement. Contractor acknowledges and agrees that ten dollars ($10.00) of the compensation to be paid by County, the adequacy of which is hereby acknowledged by Contractor, is .qiven as specific consideration to Contractor for County's right to terminate this Agreement for convenience. 8.5 The term of this Agreement shall continue ir~to or through subsequent fiscal years only if funds for payment of the Contractor are budgeted and made available by the Board. If for any fiscal year, funds are not budgeted by the Board, the Contract Administrator will give the Contractor written notice of such event prior to the end of the last fiscal year for which funds are budgeted. ARTICLE 9 MISCELLANEOUS 9.1 OWNERSHIP OF DOCUMENTS Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of County. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Contractor, whether finished or unfinished, shall become the property of County and shall be delivered by Contractor to the Contract Administrator. 9.2 AUDIT RIGHT AND RETENTION OF RECORDS 9.2.1 County shall have the right to audit the books, records, and accounts of Contractor that are related to the services provided under this Agreement. Contractor shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the services provided under this Agreement, in accordance with accepted accounting practices and standards. In addition, the Contractor shall maintain all books and records customarily used in this type of operation. All records and books of accounts in any way connected with this Agreement, shall be kept at all times within Broward County, Florida. 9.2.2 Contractor shall preserve and make available, at reasonable times for examination and audit by County, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by County to be applicable to Contractor's records, Contractor shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by Contractor. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for County's disallowance and recovery of any payment upon such entry. 9.3 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT 9.3.1 Contractor shall not unlawfully discriminate against any person in its operations and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded in whole or in part by County, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. 9.3.2 Contractor's decisions regarding the delivery of services under this Agreement shall be made without' regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16½), national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for service delivery. 9.3.3 Contractor shall comply with Title I of the Americans with Disabilities Act regarding nondiscrimination on the basis of disability in employment and further shall not discriminate against any employee or applicant for J employment because of race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. CAF#112.FRM (Rev. 6/19/97) -12- AG~ {IQA IT£iq No._//~ ~_ MAY I 3 2003 9.3.4 Contractor shall take affirmative action to ensure that applicants are employed and employees are treated without regard to race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16%), national origin, marital status, political affiliation, or physical or mental disability during employment. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. 9.3.5 Contractor shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16%) in performing the Scope of Services or any part of the Scope of Services of this Agreement. 9.3.6 With respect to any County site that is subject to federal or state grant requirements, and to the extent applicable to Contractor, the Contractor agrees to abide by the nondiscrimination requirements set forth on Exhibit C__, attached hereto and made a part hereof. 9.4 SMALL DISADVANTAGED BUSINESS ENTERPRISE PROGRAM 9.4.1 Contractor shall comply with County's Small Disadvantaged Business Enterprise (SDBE) Affirmative Action Program, requiring gOals in all County procurement activity at One Hundred and Fifty-Thousand Dollars ($150,000) or above for construction services; Seventy-Five Thousand Dollars ($75,000) or above in total contract value for architectural/engineering and related services; and Fifty Thousand Dollars ($50,000) or above in total contract value for all other goods and services. 9.4.2 Contractor must comply with the provisions of Article XlV, Chapter 20, Broward County Code of Ordinances; and COUNTY's Administrative Procedures implementing Article XIV, Chapter 20, Broward County Code of Ordinances. 9.4.3 County and Contractor agree that prime and subcontract awards to Small Disadvantaged Business Enterprises and Minority - Majority Joint Ventures are crucial to the achievement of County's SDBE participation goals. In an effort to assist County in achieving its established goals for this Project, Contractor agrees to take affirmative actions to meet the current SDBE participation goals established by County. CAF#112.FRM (Rev. 6/19/97) -13- 9.4.4 This Agreement has the following SDBE numerical goals: Minority Business Enterprise · African-American 20% The total assigned SDBE goals for this Agreement is: 20%. 9.4.5 Contractor incorporates by Exhibit"B" the names, addresses, scope of work, and dollar value of SDBE participation on the Schedule of SDBE Participation. Contractor understands that each minodty and women-owned firm utilized on the Project to meet County's gOals must be certified by the Broward County Division of Equal Employment & Small Business Opportunity. 9.4.6 Contractor understands that it is the responsibility of the Contract Administrator and the Broward County Division of Equal Employment & Small Business Opportunity to monitor compliance with the SDBE requirements. In that regard, Contractor agrees to furnish quarterly reports to both parties on the progress of SDBE participation commencing with the end of the first quarter of this Agreement. In addition, the Contractor must inform the Contract Administrator and the Broward County Division of Equal Employment & Small Business Opportunity immediately when an SDBE Sub- contractor is not able to perform. If the Contractor is unable to substitute the unavailable SDBE with another certified SDBE, the actual substitution of a non-SDBE subcontractor may not occur until the Broward County Division of Equal Employment & Small Business Opportunity has verified the good faith efforts of the Contractor to substitute the unavailable SDBE with another certified SDBE. 9.5 PUBLIC ENTITY CRIMES ACT Contractor represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a contractor, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to County, may not submit a bid on a contract with County for the construction or repair of a public building or public work, may not submit bids on leases of real property to County, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with County, and may not transact any business with County. in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section CAF#112.FRM (Rev. 6/19/97) -14- shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. 9.6 INDEPENDENT CONTRACTOR.. Contractor is an independent contractor under this Agreement. Services provided by Contractor shall be subject to the supervision of Contractor, and such services shall not be provided by Contractor or its agents as officers, employees, or agents of the County. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 9.7 THIRD PARTY BENEFICIARIES... Neither Contractor nor County intend to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. 9.8 NOTICES 9.8.1 Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by overnight courier, or hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: ' FOR BROWARD COUNTY: Purchasing Director Governmental Center 115 South Andrews Avenue Fort Lauderdale, Florida 33301 CAF#112.FRM (Rev. 6/19/97) -15- NO._ NAY 1 3 2003 FOR CONTRACTOR._: The Wackenhut Corporation 6499 Powerline Road, Suite 303 Fort Lauderdale, FL 33309 9.8.2 Notices that are specific to a particular Using Agency shall be given to the Using Agency Representative at the address designated by the Using Agency's notice of same to the Contractor. 9.9 ASSIGNMENT AND PERFORMANCE 9.9.1 Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party and Contractor shall not subcontract any portion of the work required by this Agreement except as authorized by this Agreement. 9.9.2 Contractor represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Services and to provide and perform such services to County's satisfaction for the agreed compensation.- 9.9.3 Contractor shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of County shall be comparable to the best local and national standards. 9.10 CONFLICTS 9.10.1 The Contractor, its subcontractors, and their employees shall not have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with their loyal and conscientious exercise of judgment related to their performance under this Agreement. 9.10.2 Contractor agrees that none of its officers or employees or the officers or employees of its subcontractors, shall, during the term of this Agreement, serve as an expert witness against County in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process, nor shall such persons give sworn CAF#112.FRM (Rev. 6/19/97) -16- i NAY 13 2003 L testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of County or in connection with any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude such persons from representing themselves in any action or in any administrative or legal proceeding. 9.10.3 In the event Contractor is permitted to utilize subcontra(~tors to perform any services required by this Agreement, Contractor agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section. 9.11 _CONTINGENCY FEE_ Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement~. For a breach or violation of this provision, Board shall have the right to terminate this Agreement without liability at its discretion, or to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 9.12 WAIVER OF BREACH AND MATERIALITY.. County and Contractor agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. Failure by County to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.13 SEVERANCE_ In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless County or Contractor elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) calendar days after the finding by the court becomes final. CAF#112.FRM (Rev. 6/19197) -17- HAY 13 2003 9.14 JOINT PREPARATION Preparation of this Agreement has been a joint effort of County and Contractor and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 9.15 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 of this Agreement shall prevail and be given effect. 9.16 APPLICABLE LAWAND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Broward County, Florida. 9.17 AMENDMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and Contractor. 9.18 PRIOR AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless containe I in a written document in accordance with Section 9.17 above. CAF#112.FRM (Rev. 6/19/97) -18- MAY I 3 2003 9.19 DRUG-FREE WORKPLACE It is a requirement of County that it enter into contracts only with firms that certify the establishment of a drug free work place in accordance with Chapter 21.31(a) of the Broward County Procurement Code. Execution of this Agreement by Contractor shall also serve as Contractor's required certification that it either has or that it will establish a drug free work place in accordance with Chapter 21.31(a) of the Broward County Procurement Code. 9.20 FAA REGULATIONS AND SECURITY The following provisions applies to any County site covered by Federal Aviation Administration security requirements, and such provisions are in addition to, and shall not be a limitation of, any other requirements of this Agreement. Contractor agrees to observe all security requirements and other requirements of the Federal Aviation Regulations applicable to Contractor, including, without limitation, Part 107 and Part 139, as they may be amended from time to time. The Contractor agrees to comply with the Airport Security Program, and amendments thereto, as approved by the Federal Aviation Administration. The Contractor agrees to take such steps as may be necessary or directed by the County to insure that Contractor, its subcontractors, and their employees, agents, invitees and guests observe the requirements of the applicable Federal Aviation Regulations and the Airport Security Program. If required by the Aviation Department, Contractor shall conduct background checks of its employees and of its subcontractor's employees in accordance with applicable Federal Regulations. If, as a result of the acts or omissions of Contractor, its subcontractors, or their employees, agents, invitees or guests, the County incurs any fines and/or penalties imposed by the Federal Aviation Administration or any expense in enforcing the regulations of the Federal Aviation Administration, including, without limitation, Part 107 and Part 139, and/or any expense in enforcing the Airport Security Program, then Contractor agrees to pay and/or reimburse to County all such costs and expenses, including all attorney's fees, costs of administrative proceedings, court costs, and all costs incurred by County in enforcing this provision. Contractor further agrees to rectify any security deficiency or other deficiency as may be determined as such by the County or the Federal Aviation Administrati°n. In the event Contractor fails to remedy any such deficiency, the County may do so at the cost and expense of Contractor. The County reserves the right to take whatever action may be necessary to rectify any security deficiency qr other deficiency. The provisions hereof shall survive the expiration or any other termination of this Agreement. CAF#112.FRM (Rev. 6/19/97) -19- ~o. /~(%~' ! ~AY 1 320D3 ~ 9.21 YEAR 2000 WARRANTY Contractor warrants that any equipment or materials furnished pursuant to this Contract, or used in connection with the provision of services under this Agreement, or any software licensed to County hereunder, or any software, hardware or firmware delivered, included, needed, or recommended for use in the operation of any equipment used by Contractor pursuant to this Agreement (hereinafter "Equipment"), if the Equipment uses or stores dates, shall be able to accurately store and process date/time data in four (4) digit year fields (including, but not limited to, calculating, comparing, interfacing and sequencing) from, into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000 and leap year calculations. Equipment to be used prior to, during and after the calendar year 2000 shall be designed to perform, at no added cost to County, so that there shall not be experienced software abnormally ending or invalid or incorrect results from the software, microcode, or firmware used in the operation of the Equipment. Contractor further represents and warrants that its software or any software, which Contractor acquires from a third party and installs in any Equipment, shall be century-compliant, allowing for uninterrupted and fully-functioning operation and use without regard to changes in dates from one century to another when used in accordance with the item documentation. If Contractor discovers that any Equipment fails to satisfy the terms of this Special Warranty, Contractor shall notify County immediately of such conflict. Nothing in this Special Warranty shall be construed to limit any rights or remedies County may otherwise have under this Contract with respect to defects other than Year 2000 performanJSe. 9.22 Incorporation of ResPonse to Request for Letters of Interest - The Request for Letters of Interest ("Request") issued by the County, and all proposal documents submitted by Contractor to County for evaluation in the award process pursuant to which this Agreement was awarded to Contractor, is hereby incorporated by reference into this Agreement and made a part hereof (the Request and all documents provided to County by Contractor in response thereto are called collectively, "Proposal Documents"). Contractor shall be bound by all terms, conditions, representations, and commitments contained in the Proposal Documents. In the event Contractor shall fail to abide by and comply with any of the terms, conditions, representations, or commitments contained in the Proposal Documents, then, at the option of County, such failure shall be deemed a default of this Agreement. In the event of any conflict between this Agreement and the Proposal Documents, this Agre ,ment shall prevail. 9.23 Performance Bond. The Contractor shall post a performance bond the County in an amount equal to Six Hundred Thousand Dollars ($600,000.00) ("Performance CAF#112.FRM (Rev. 6/19/97) -20- MAY 1 3 2003 -- Bond"). The Performance Bond shall secure the performance of all obligations of Contractor to the County. The Performance Bond shall be either in the form of cash, an Irrevocable Letter of Credit ("Letter of Credit"), or a Payment and Performance Bond ("Bond"). The Performance Bond shall be in form and substance satisfactory to the County's Risk Management Division. The Performance Bond shall be submitted to the County, simultaneously with the execution of this Agreement by the Contractor. In the event of any failure by Contractor to perform its obligations hereunder or upon any other default hereunder, then in addition to any other rights and remedies available to County at law or in . equity, County shall be entitled to draw down up to the full amount of the Performance Bond. Upon notice of any such draw, Contractor shall immediately replace the Performance Bond with a new Letter of Credit or Bond or cash in the full amount of the Performance Bond required hereunder. Any Letter of Credit or Bond shall be kept in full force and effect throughout the Term of this Agreement. If a Letter of Credit is posted, then the term and all renewal terms of the Letter of Credit shall be for a period of not less than one year. Not less than sixty (60) calendar days prior to any expiration date of any Letter of Credit or Bond, Contractor shall submit evidence in form satisfactory to County that said security instrument has been renewed. A fsilure to renew or replace a Letter of Credit or Bond, as applicable, shall be a default of this Agreement, entitling County to all available remedies. Each Letter of Credit provided hereunder or under any other Section or provision of this Agreement shall be provided by a financial institution of recognized -- standing authorized to do business in the State of Florida. Throughout the term of the Letter of Credit, the financial institution that has issued the Letter of Credit must have an office in Broward, Dade or Palm Beach County, Florida, at which the Letter of Credit may be presented for drawing down, and the financial institution must have been in business with a record of successful continuous operation for at least five (5) years. Each letter of credit shall be in form and substance satisfactory to the County. Each Bond provided hereunder, or under any other Section or provision of the Agreement, shall be executed by a surety company of recognized standing authorized to do business in the State of Florida and having a resident agent in Broward County and having been in business with a record of successful continuous operation for at least five (5) years. Each Bond shall be in form and substance satisfactory to the County. Furthermore, such surety company must have at least a "B+" rating in the latest revision of Best's Insurance Report. 9.23 INCORPORATION BY REFERENCE The truth and accuracy of each "VVhereas" rlause set forth above is acknowledged by the parties. The attached Exhibits A, A-l, A-2, B, C and D are incorporated into and made a part of this Agreement. CAF#112.FRM (Rev. 6/19/97) -21- lAG£~J~ IT£~ ~ MAY ~ 3 2003 9.24. The County and Contractor hereby agree that effective as of the later date to occur of: the date of execution of this Agreement by both parties hereto, or August 5, 1998, this Agreement shall supersede and terminate that certain agreement between the County and the Contractor for provision of security services that was awarded by the Board on July 11, 1995 and is identified as Bid #D-03-95-03-24. 9.25 COUNTERPARTS This Agreement may be executed in up to five (5) counterparts, each of which shall be deemed to be an original. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing !~.~}~ through~j;hair,,er Vice Chair, authorized to execute same by Board action on the/'."Z~' /day of "-..._/.,,-~C./f,.~ , 1998, and WACKENHUT CORPORATION, signing by and through.~ Vice,,~esident, duly authorized to execute same. COUNTY .,~ .,~ //_~, /,,. .. ...';.,..,'~.~--.., /,,/ /7 Ex-officio Clerk of the Bro~ar~. Cou~"~:~,5 .%: .- / Chair Board of County Comm~ss~. ner§,~.; Approved as to Insurance -.-..... .~. ,~pproved as to form by · ,e "~' I** Requirements by ',,,,,,,,..,,,,,,~,~ Office of County Attorney RISK MANAGEMENT DIVISION Broward County, Florida SHARON L. CRUZ, Interim County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 ~'/~7~z.., ~'/'7. //'~~~ Telephone: (954)357-7600 By -...-' / ,,~' "' ' ' Telecopier: (954) 357-7641 / Assistar(t County ~orney CAF#112.FRM (Rev. 6119/97) -22- MAY I 3 2003 AGREEMENT BETWEEN BROWARD COUNTY AND WACKENHUT CORPORATION FOR SECURITY SERVICES CONTRACTOR ~/ACKENHUT CORPORATION Drew Levine, Vice President '-'~""~'~,day of-'~"~'--%'~ ,, 1998 (CORPORATE SEAL) 97-71.68 RLI #090297-RB C:~p PS\WP\DATA\WACKE N.A00 June 30, 1998 CAF#112.FRM (Rev. 6/19/97) -23- HAY 1 3 2003 EXHIBIT "A" SCOPE OF SERVICES SECURITY SERVICES I. GENERAL: A. The services required are designed to provide security services to any County agency. The County and the Contractor recognize that all the requirements of the services contemplated herein cannot be determined with precision at the time of the award of this contract. However, it is anticipated that the services will include vadous types of facilities or buildings and may include the use of Security Detection Equipment as is found in airports or courthouses. It is understood that such matters as total number of guard hours required, scheduling, the advertising and announcing of available services, location of posts, will have to be determined and/or adjusted from time to time as the needs of the County dictate. It is the intent and purpose to conduct the services in such a manner as to provide the most efficient operation of the County. All advertising by Contractor for potential employees for this contract shall be as an Equal Opportunity (EEO) employer. B. Contractor must comply with the hours of coverage requested, which may be up to twenty-four (24) hours per day. The County reserves the r!ght to request any changes in the number of guards, number of guard hours of coverage and guard work locations that may be required by any Using Agency. C. Work schedules include shift-work during a twenty-four (24) hour period, and include weekends and public holidays at the standard rate of pay set forth on Exhibit A-1. Schedule requirements for guards will be determined by the Using Agencies, in accordance with operational needs. Unless otherwise specified in inst~ctions from any Using Agency, post coverage will be continuous for the required hours. Contractor will be responsible to provide and cover its employees breaks, including lunches, rest periods, personal needs, etc. Accommodations or facilities for the above is not required to be provided by the County. Contractor is required to send security guards to a Using Agency that are qualified to provide the specific guard services required at the particular County site and that are physically capable of rendering such services under the conditions present at the particular County site. D. The County reserves the right to add, delete or make changes to any guard requirement, including hours of coverage, post location, numbers of posts, number of guards, Guard Class, etc. No guarantee as to the total amount of guard hours to be used by the County under this Agreement is implied herein. E. If Contractor desires to remove any guard stationed at any County site, the Contractor shall give the Using Agency Representative at lease 5 days wdtten notice of same, unless an emergency condition shall require shorter notice. If any employee stationed at any County site is terminated by Contractor, Contractor shall give the Contract Administrator and the Using Agency Representative immediate written notice of such action. The foregoing actions are required so that County can remove such personnel from its security systems in an expeditious manner. 1 AC.~A ,o. //,, L,' MAY 1 3 2003 F. Upon written or verbal request of any Using Agency Representative or the Contract Administrator, the Contractor shall remove any secudty guard from a County site and reassign such guard or take other appropriate action. Such request may be made by the Contract Administrator or a Using Agency Representative for operational reasons, or because the appearance, demeanor, or conduct of such guard is unsatisfactory. II, REQUIREMENTS OF THE CONTRACTOR The Contracto~r: A. Shall have available qualified, competent, active, knowledge of contract specifications, and experienced management staff during the hours that service is being provided who shall have the overall responsibility for supervising security services to be provided under this Agreement. Such management shall be authorized to represent and act for the Contractor; meet with the Contract Administrator and the Using Agency Representatives to discuss personnel and work performance and will work accordingly as necessary to assure satisfactory performance of the contract. A list of names and schedule of this staff, including all applicable telephone numbers for emergency notifications, will be provided to the Contract Administrator prior to the execution of this Agreement. The Key Staff identified on Exhibit A-2, are subject to the requirements of Section 2.8 of the Agreement. B. Will insure that guards are prompt and that posts ,~ ~ covered at all times. C. Will provide and post the guard work-shift schedule. This schedule will be provided to Contract Administrator and the Using Agency Representative one week in advance. D. Will provide all personnel with an approved I.D. card to be worn conspicuously by all personnel on duty. E. Will ensure that Contractor's employees will abide by all rules and regulations as set forth by the Using Agencies. F. Shall be responsible for deportment, appearance, conduct and supervision of all personnel concemed with the operation of the secudty services provided to County pursuant to this Agreement. All such personnel under the responsibility of the Contractor will be required to deport themselves in a respectable manner, to behave in a manner suitable for a public servant, and to be polite, courteous, cooperative and pleasant in the conduct of their duties. G. Shall make available to the Contract Administrator and the Using Agencies, upon request, on an ongoing basis throughout the term of this contract, the complete personnel file on each employee to be assigned to work under this contract. The personnel shall contain copies of, but not limited to, the following documents: 2 .0. MAY ! 3 2003 PG. _,:,2 7 Any polygraph reports, medical examinations, training test results and certifications, proof of education, firearm licenses, state guard service licenses, employment application, and drivers license number and expiration date. H. At its expense, will make random and routine checks by its management staff of all on-duty personnel for proper performance of duty. However, the County reserves the dght to establish a specific schedule, at no additional cost to the County, if these checks prove insufficient and inadequate. All checks will be logged with appropriate remarks. Such inspections shall be no less than once weekly and a copy of all reports shall be provided to the Contract Administrator, and the applicable Using Agency Representative, within one week of such inspection. I. Must confiscate any County-issued identification cards, security pouches, and any other County property immediately, and return the same to the County on termination of any employee assigned to any County site pursuant to this contract. Ill. EMPLOYEE SPECIFICATION: A. GENERAL: 1. The type of work involved is independent, requiring, considerable public contact. Work requires the application of independent judgment and the interpretation of established policies and procedures. Work is performed within general guidelines and is reviewed for compliance with desired results. B. KNOWLEDGE, ABILITIES AND SKILLS: All employees assigned to the County under this contract must meet the following criteria: 1. Ability to establish and maintain effective working relationships with the general public and other employees. 2. Ability to-maintain clerical records and prepare written reports as required. 3. Ability to work effectively and efficiently without direct supervision. 4. Ability to detect and report unsafe conditions. 5. To be polite, courteous and cooperative at all times, especially during times of stress. C. QUALIFICATIONS: All employees assigned to County under this contract must satisfy the criteria set forth on Exhibit A-1 and the following criteria: 1. Must be in possession of all licenses and/or permits required by all County, local, state and federal agencies as applicable to the position, including but not limited to those required by Section 493.01, Florida Statutes. 3 m0.. id, HAY 1 3 2003 2. Employees must produce evidence that prior security work was performed to the satisfaction of the former employer(s); such evidence being retained in the employee's personnel file. 3. All employees must be in possession of a valid Flodda Operator's Drivers License. Contractor is required to maintain a record on each employee's personnel file which shows ddving license number and expiration date. Contractor is required to ensure that licenses remain current. 4. Personal cleanliness is mandatory. 5. Guards in all classifications must be at least 21 years of age, have a high school diploma or a G.E.D., or th~ higher education required by ~ for the particular position. They must be able to succesSfully pass a National Cdminal Background check and any other background check required by the Using Agency or the Federal Aviation Administration, a medical examination which includes a drug screening (after having been offered employment by the Contractor), and shall receive training from the Contractor as specified in the Contractor's Proposal Documents. 6. State of Florida Guard License Requirements: a. Classifications 1, 2 and 3: Florida State Guard License "D"; b. Classification 3: Florida State Gun License "G". 7. All classifications must be able to read, write, speak, understand and be '~- understood in English. Oral command of English must be sufficient to permit understandable communication, even in time of stress. 8. If requested by the Using Agency, guards must be reviewed and/or interviewed and receive approval by Using Agency Representative before acceptance for the assignment. D. ELIGIBILITY CRITERIA: All secudty personnel employed by the Contractor under this contract are required to meet certain minimum qualifications or standards regarding background, experience, health, and licensure, as established in this section unless specifically and individually waived in wdting by the Contract Administrator. The final decision as to the suitability of security personnel for employment rests with the Contract Administrator. (1) Must be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form 1-151, or who presents other evidence from the Immigration and Naturalization Service that employment will not affect immigration status. Acceptable evidence shall consist of a birth certificate or appropriate naturalization papers. (2) May not be employed under this contract if they currently or have in the past been involved in: 4 MAY 1 3 2O03 ! (a) any felony or sex conviction. (b) military conduct resulting in dishonorable or undesirable discharge. (3) Must successfully complete a medical examination, to be conducted at Contractor's expense, prior to duty assignment or when required for reasonable cause by County. Results are required as follows: (a) Must be able to safely perform the duty assignment without posing a direct threat to the health or safety of others. (b) Binocular vision, 'correctable to 20/20 (Snellen). (c) Ability to distinguish basic as well as shades of color in both normal and peripheral vision, where required by the essential duties of the position. (d) Able to hear ordinary conversation at 20 feet, and whispered conversation at 10 feet, without the use of a hearing aid, where required by the essential duties of the position. (e) Pass a urinalysis test showing freedom from illegal drug use and from illegal use of prescription drugs. (f) Must be free from any physical, emotional or learning impairment that results in functional limitations that prevent the ability to safely perform the essential duties of the position. E. SECURITY GUARD TASKS SHALL INCLUDE AS APPROPRIATE (1) Reports to work on time and holds over on assigned duties until relieved as required. (2) Maintains good personal and uniform appearance; is courteous to the public and County personnel at all times. (3) Covers an assignment at a fixed post or patrol an area or facility for the purpose of detecting and preventing individuals or groups from committing acts which are injurious to others or to property. (4) Intervenes to terminate injurious acts and may attempt to detain individuals for further investigation or arrest where circumstances and conditions warrant. (5) Communicates effectively with the public and County personnel; directs visitors to personnel and services within the facility. (6) Visually screens and prepares written record of contents of packages/p~,rcels being carried in and out of the facility to secure against theft; ensures that 5 HAY 1 3 2003 transmittal forms accompanying materials being removed from the facility contain a necessary authorizing signature. (7) Makes patrols in accordance with routes and schedules established in the Post Orders. Where installed and in working order, the watchman reporting systems shall be used by uniformed personnel to record their presence at the designated stations. (8) Raises and lowers flags at designated times. (9) Vedfies the secudty of safes and other areas where equipment or materials of value are stored. (10) Locks and unlocks gates and doors at designated times. (11) Tums up lighting at the beginning of each business day to permit ingress of employees, vendors and authorized personnel, reduces and/or tums off lighting as required. (12) Ensures that only authorized personnel are permitted access to closed or restricted facilities or areas by detaining unidentified or unauthorized individuals. (13) Responds to reports of ill or injured patrons, visitors, or employee, renders first aid, and notifies supervisor if further assistance is considered necessary or desirable. (14) Performs minor operations and/or records data in connection with the operation of facility utility systems when required by written instructions from the Building Manager. (15) Reports safety hazards, malfunctioning equipment, liquid spills, and other such matters to appropriate maintenance personnel. (16) Monitors and operates facility fire alarm and intrusion detection systems and other protection devices or facility equipment. (17) Responds to scene of locally activated fire, burglary or other alarms, or other emergency situations, evaluate situations encountered, and takes action as prescribed in Post Orders and/or facility self-protection plans. (18) Investigates questionable acts or behavior observed or reported on County premises and questions witnesses and suspects to ascertain or verify facts. (19) Operates a motor vehicle where required. (20) Maintains order and uses good judgment and discretion in handling unruly or trespassing public. 6 NO. MAY I 3 2.003 (21) Maintains daily logs and writes daily reports, incident reports, and non-employee injury reports. (22) Provides escort services and assists other security personnel as required. (23) Operates Lost and Found in a manner that allows the public to claim lost items. (24) Directs traffic, controls parking, issues parking violation warnings as authorized by the Contract Administrator. (25) Maintains order within areas of assignment. (26) Operates an entrance control post. Accepts registered mail and parcels or operates and enforces a system of personnel identification. Performs package inspection when directed by the Contract Administrator through Post Orders. Checks identification cards and records names of ALL PERSONNEL wishing to enter a facility after normal working hours. (27) Safeguards and protects all existing structures, utilities, service, roads, trees, shrubbery, etc. against damage or interrupted service. Contractor shall be held responsible for any damage to the property occurring by reason of the negligence of Contractor's employees or agents on the property. (28) If requested, have the training and ability to use particular computer applications, as required by the job site. IV. TRAINING A. GENERAL 1. The Contractor is required to provide training to all field personnel in order that the County may be assured said personnel are capable of assuming the responsibilities for their assignments. The cost for such a training program is to be accommodated within the overall houdy billing rate of the Contractor, i.e., the time spent by staff in such a program, though required, is not billable. All Contractor secudty personnel must successfully complete and pass the course pdor to assumption of duty under this contract. This training course is to have the components set forth in the Proposal Documents, and must be expressly approved by the Contract Administrator. 2. All employees assigned to this contract must already have completed orientation and basic training by the Contractor including at least eight (8) hours facility operations before the employee is allowed to perform any services for the County. Evidence of this must be provided to the County prior to assigning the employee. This training will be at the Contractor's expense. 7 n0. /~ HAY 1 3 2003 -- 3. Applicable post orders will be maintained on-site and updated immediately when changes occur. Log books to record pertinent daily information should be kept at each post. In addition, an ample supply of blank forms should be kept and used to record events that require further action and information that needs to be brought to the attention of the County. A copy of all post orders, log books, and other documentation shall be provided to the Using Agency, if requested. 4. Training also to include films, emergency service and procedures, and traffic control. 5. Training shall also include course materials on "Accommodations to the Using Agencies Operational and Facilities Policies for Disabled Persons" as approved by the Disability Affairs Section of the County's Office of Equal Opportunity. B. EVALUATION OF TRAINING. The Contract Administrator, and the Using Agencies as applicable, will evaluate the quality and completeness of training provided to all Contractor personnel. Evaluations will include, but not be limited to, reviews of techniques and methods of instruction, quality of instructors, motivation, adequacy of classroom and supportive adjunct training materials, test content, and individual guards' retentiveness. C. INSTRUCTORS All formal training is to be taught, and/or presented by persons who are appropriately certified in one or both of the following ways: By an accredited institution of learning or governmental educational certification body, or by documentation that the individual has sufficient experience with'the subject matter to instruct students in an authoritative, practical, current manner. All site training shall be provided by a contract supervisor or an experienced guard meeting the approval of the Contract Administrator. D. COURSE OF INSTRUCTION A wdtten copy of the proposed course of instruction shall be provided for review and approval by the Contractor to the Contract Administrator prior to the execution of this Agreement. A representative(s) of the Contract Administrator may visit training classes without notice, to monitor this course. E. CERTIFICATION OF TRAINING. All training, with the exception of follow-up orientation and subsequent training of replacement guards, shall be completed pdor to assignment under this contract. A written certification of each employee's training, including supervisors, shall be submitted to the Contract Administrator and Using Agency, as applicable, pdor to an employee's entrance to duty, except as specifically waived by the Contract Administrator. 8 AG[ ~lOA IT[II MA' I 3 1}03 F. TRAINING FOR SECURITY PERSONNEL 1. Basic Instructional Trainin,q Each contract security guard is to receive a minimum of 16 hours total of classroom instruction, excluding firearms qualification, in the subject areas listed. The Contractor may exercise full discretion over the format or course outline for instruction, as long as all subject matter identified is adequately addressed in training. As part of the proposed course of instruction to be submitted to the Contract Administrator for review, the Contractor shall identify the total hours of training to be provided, as well as an approximate distribution of time among topica. I areas. This also includes replacement guards. (a) Orientation to Broward County - History and role as public service provider - Contract personnel as representatives of County - Types of facilities secured under contract - Role of County facility managers (b) Use of Communications Eouipment Telephone Two-way radio Routine and emergency procedures (c) Protection of Facility (8 Hours On-Site) Philosophy: protection through prevention County rules and regulations impacting post "Accommodations to the Using Agencies Operational and Facilities Policies for Disabled Persons" Post orders and other contractual responsibilities General and specific orders Foot patrol methods, including watchman's clock tours Vehicular patrol methods 9 -~o. MAY I 3 2OO3 - Access control, including people and packages Circulation and crowd control . Interviewing techniques - Safety inspection and awareness (d) Written report methods and requirements _ Requirements for iegibility and literacy (e) Basic First Aid - including CPR (f) Special Situations Escort services . Loiterers - Vandalism Threats to personnel safety Burglary, robbery, or theft - Espionage - Sabotage Drugs/Alcohol (g) Emergency Services - Emergency or disaster response procedures - Fire control systems and equipment Fire Prevention - Fire fi.ohting methods and procedures - Responding to facility alarms Law enforcementJpfivate security relationship Riot or crowd control 10 HAY I'3 2003 . { - Reporting procedures for emergencies or other non-routine incidents (h) Written Examination - Classroom instruction - Report writing - Each guard shall be tested for reading comprehension and ability to write a clear and comprehensive report. The result of the~e tests must be certified to the Contract Administrator as part of each guard's file. 2. Testing Requirements As part of this training, the Contractor shall administer to each employee a two-part written test designed to confirm and evaluate the employee's level of understanding. (a) Retention of Information - This part of the test is to be of a non-essay nature and include a minimum of 100 questions designed to evaluate understanding of all areas of the course of instruction. To be eligible for duty under this contract, a secudty guard must achieve a score of 75% correct answer or higher. (b) Report Writing - This portion of the test is designed to assess the individual's ability to succinctly summarize pertinent information related to an incident 'and to prepare the proper reports meeting contractual requirements for legibility and English fluency. While the Contractor may exercise some discretion in format, the test should at a minimum require the employee to select the appropriate report(s), select pertinent facts from a written narrative, oral presentation, or film depicting an event, and to complete the report in an adequate manner. 3. Site Orientation Traininq The Contractor shall provide a minimum of eight (8) hours of on-site training for Secudty Guards for each shift to be worked in order to familiarize each guard with the post. Additional hours may be required at specific posts, and shall be detailed in the appropriate Post Orders. Said training shall be conducted by a contract shift supervisor or experienced guard/officer who is fully qualified atthe post. The trair ee is not to be in an active duty status and may not be placed on duty at that site until said training has been completed. This training is to be conducted at each different job site to which the guard/office is assigned. The measure of success for the training shall not be the time invested (e.g. eight (8) hours) but rather the effectiveness with which the trained employee is able to perform post duties. The County shall IAY 132003 ! be the sole assessor of that effectiveness. The Site Orientation Training will consist of the following: (a) General and specific orders for the facility. (b) Policy and specific procedures for responding to emergency alarms, bomb threats, incendiary devices in the facility. (c) Procedures for access control and operation of the security system within the facility. (d) Procedures for operation o,f the fire alarms, fire control system, and fire-fighting equipment. 4. Refresher Training (RT) Periodic training of each employee is required to be conducted by contract supervisors in order to insure continued understanding of and familiarity with existing or new facility conditions. Refresher Training is to be conducted at a minimum of one time within the first 14 days of an employee's post assignment, and additionally at the request of the Using Agency or at the request of the Contract Administrator. Such training shall be conducted at the expense of the Contractor and may include, should circumstances dictate (e.g. repeated violations by a guard), not only Site Orientation Training but also any or all portions of Basic Instructional Training. V. UNIFORMS AND RELATED EQUIPMENT AND SUPPLIES FOR SECURITY GUARDS: A. UNIFORMS. All uniforms shall be provided by Contractor and/or employees. The County will not provide any uniform or uniform element. Contractor must ensure that all security personnel and supervisors are fully equipped and wearing complete County-approved uniforms including uniform jackets with required patches and guard name tags. Secudty Personnel shall wear uniforms whose color and style have been approved in advance by the Contract Administrator or the Using Agency. All employees performing under this contract shall be required to wear the same color and style of uniform, distinguished only by Contractor identification patches (see below). Uniforms do not have to be new, but MUST be in good condition and meet contract standards. Said uniforms will consist of the following items unless otherwise required under the terms of this contract: (1) Trousers, all-season weight, all the same color and style. (2) Shirt/blouse, short or long sleeve all the same color and style. (3) Belt - solid black i MAY 132003 7 (4) Neck tie - solid black unless waived for the specific location by Using Agency Representative. (5) Tie bar (see (4) above) (6) Socks - solid black (7) Shoes - solid black (8) Shoulder patches lettered to indicate the name of the Contractor shall be worn on both shoulders of the uniform jacket and shirt. No other identification of the Contractor or e,rnployee shall be worn or displayed on the uniform except hat. (9) "Baseball"- style cap, with a patch that identifies the company. Regulation uniform hats may be required at certain sites and are to be provided by the contractor. Baseball caps are not to be worn at major facilities. (10) Name tags and current photo I.D. card issued by contractor to be worn over the right breast pocket. (11 ) Foul weather clothing, including raincoats, boots, and/or security jacket, shall be required for those employees assigned to perform duties while exposed to cold and/or inclement weather conditions. All foul weather clothing must be identical in style and color for each guard, and marked with Contractods identification, logo or name, or an insignia. (12) All employees must wear clean, pressed uniforms at all times while on duty at a County Post. Contract Administrator and the Using Agency Representative shall have the dght to require the immediate replacement of any employee on duty who is out of uniform. B. EQUIPMENT FOR SECURITY GUARDS Except as specifically noted, or provided for in this Agreement, secudty guards shall be equipped at all times while on duty with the following items. 1. Unarmed Guards (1) Pistol belt, without shoulder strap (2) Whistle, with metal chain attachment (3) Flashlight; heavy-duty (2 or more D-cells) (4) Baton, approved police-style, belt-attached, but not usually worn. The use of a PR.24 requires current certification of the user. 13 i MAY 1 3 2003 ~'~' ' I1' (5) Two-way radio, licensed for use by the Federal Communications Commission (FCC), and meeting all requirements as specified in this Agreement. 2. edA¢ Armed Guards will be provided only as specifically requested by the Using Agency Representative, and approved by the Contract Administrator. (1) Pistol belt, with shoulder strap. (2) All of the equipment listed above. (3) Pistol C. VEHICULAR EQUIPMENT Security personnel may be required by the County to operate licensed motor vehicles in order to move between non-adjacent scheduled foot-patrol assignments or to conduct vehicular patrols of an area. Likewise, they may be required to operate off-street motorized carts in order to conduct vehicular patrol of an area. Said vehicles will be provided through this contract by the ContractQr and maintained by the County for the duration of the contract. Vehicle types, color, markings, lights and other features shall be approved by the Contract Administrator or the Using Agency Representative. The Contractor may be required to provide a maximum of up to three (3) off-street motorized carts. The rates for same are as specified on Exhibit A-1. D. USE AND MAINTENANCE OF EQUIPMENT AND UNIFORM 1. The uniform and equipment shall be used only when security personnel are on official duty or while in transit between their place of residency and assigned duty station. Furthermore, at any and all times while in uniform, secudty personnel and supervisors are required to wear a complete uniform, and to be fully equipped. Also, secudty personnel shall not be permitted to provide themselves with any unauthorized equipment such as chemical agent, concealed weapons, personal radios, or other items not specifically approved by this contract or by Contract Administrator or Using Agency Representative. 2. Maintenance of Uniforms and Equipment The Contractor is responsible for assuring that security personnel mair.:ain a neat appearance in accordance with contract standards, up to and including responsibility for maintenance and replacement of uniforms, as necessary. Likewise, it is expected that all equipment used by the Contractor, provided by either party, shall be kept clean, well-maintained, and HAY I 3 2003 in safe operating condition at all times, free from defects or wear which may in any manner constitute a hazard to any person or persons on County property. Vi COUNTY-FURNISHED ITEMS The County shall furnish without cost to the Contractor, to be used only in connection with the performance of this contract, the following materials and equipment: A. Facility Post Orders Post orders are to be prepared, with reasonable and pedodic update, for each individual post by Using Agency Representative, with the advice of the Contract Administrator. The Contract Administrator shall have the responsibility for distributing a single copy of the subject post orders to the Contractor, who shall in turn be responsible for ensuring appropriate distribution of the orders to all field secudty personnel. The Contractor shall not make any alterations to the post orders except as specifically approved in wdting by the Using Agency Representative, or the Contract Administrator. B. Forms Required forms and other documentation used in reporting procedures at specific posts will be provided or approved by the County. C. Watchclocks Watchclocks required under this contract for the completion of security tours will be supplied by the County. Contractor will be responsible for the repair or replacement of County supplied watchclocks caused by harsh treatment or misused of clocks as determined by the repair company. Dials, key and routine maintenance shall be supplied by the County. Note: Contract personnel are not to open watchclocks under any circumstances. D. Replacement Contractor assumes full responsibility for all equipment issued by the County to Contractor solely for performance of the work contained herein. Contractor shall reimburse County, at current market rates, for all equipment that is lost, damaged, stolen, or otherwise unavailable. Upon termination of contract, ail equipment shall be returned to the County in good operating condition, less reasonable wear and - tear. VII. CONTRACTOR-FURNISHED ITEMS A. WORKING MATERIALS Contractor shall provide all working materials necessary for proper performance of this contract including, but not limited to, items such as bound logs, notebooks, pens, and pencils. These materials shall be supplied by the Contractor at no expense to the County, unless otherwise specified by this contract or the Contract Administrator. 15 t MAY I 3 2003 All material required to perform this contract and not otherwise mentioned as being provided by the County shall be provided by the Contractor and/or employee at their expense. B. MINIMUM UNIFORM AND EQUIPMENT ISSUE 1. In order to ensure that all on-duty security personnel are fully equipped and meet contractual standards for neatness of appearance, the Contractor will be required to issue to each employee, and maintain throughout the term of this contract, uniforms and equipment in the following numbers: (a) Trcusers, four (4) (b) Shirts/blouses, five (5) (c) One (1) set of all other uniform components as specified in Section V.-A. 2. Hand-Held Radios (a) Two-way hand-held radios, licensed for use by the Federal Communications Commission, are to be provided by the Contractor to on-duty contract security guards, and supervisors. (b) In addition, the Contractor shall provide upon request similar radios, with portable chargers, to Security Management personnel supervising this contract, not to exceed two in number, and to be returned to the Contractor upon expiration of the contract. Should any additional radios be required, the Contractor agrees to rent additional radios to the County at a rate of two dollars per day, per radio. (c) Base station to have telephone service and be capable of contacting vendor's project managers and management personnel 24 hours per day, 7 days per week. (d) Contractor personnel must be available at the Central Dispatch Station who have the ability and authority to take immediate action on behalf of the County or Contractor, as required. This station shall have a complete roster of all security officers assigned to County posts and hours to be worked. (e) System Quality Radio communications among system users (i.e. County and Contractor security personnel) is expected to be strong and clear at all times ("five by five"), both transmitting and receiving. The Contractor shall be totally responsible for providing and maintaining system quality. 3. Other Equipment - Per Section V - B: (a) Pistol Belt (b) Flashlight (c) Whistle C. ENFORCEMENT The Contract Administrator is responsible for ensuring that the Contractor adheres to contractual requirements with regard to uniforms and equipment issues. C :~.PPS\WP\DATA\WAC KA. EXH June 26, 1998 17 Ar_,[ I, tO A IT[I~ .~. l/.~ ~ MAY 1 3 2003 EXHIBIT "A-I" SPECIFICATIONS, REQUIREMENTS. RATES SECURITY SERVICES AND EQUIPMENT The rates and charges for secudty guards and equipment set forth below shall be inclusive of ali overhead (including costs of Key Staff), benefits, maintenance, and other charges whatsoever. '1~ SECURITY GUARD CLASSIFICATIONS AND RATES: :~_~AS S ! is is the regular classification of security officer. This individual must be able to perform basic functions such as standing post, completing reports, making notifications. The individual must meet all of the following minimum criteria: o High School Diploma o At least 21 years of age o Successful Completion of Background Investigation, as set forth in the Proposal Documents and in Exhibit A, and including any additional requirements of any Using Agency or the FAA o Completion of State Required 16 Hours of Training for "D" Security Officer License o Have attended the 40ohour training class described in the Proposal Documents, to be conducted by the Contractor prior to assignment to a County site, and have attended an 8-hour refresher course each year. o Acceptable appearance and demeanor, with reasonable communication skills Rate Per Hour for Each Contract Year - Class .[ Bill Rate Overtime Rate. Contract Year 1 $12.00 $18.00 ;,i. -' ~ Contract Year 2 12.00 18.00 ~:' - Optional Contract Year 3 12.48 ¢ 18.72,J ·. ~' Optional Contract Year 4 12.85 19.28 Optional Contract Year 5 13.11 19.67 CLASS II This is the intermediate classification of secudty officer. This classification may be used in sensitive and high visibility areas. The individual must meet one or more of the following criteria: o One (1) year of law enforcement or military experience from any branch of the Armed Forces with an honorable discharge documented on a DD214 form o At least two (2) years of college experience (60 semester credit hours), resulting in an associate's degree or higher o One (1) year as a security supervisor, or three (3) years security experience with a meaningful employment history Exhibit A-l, Page I of 4 MAY I 3 ZO03 EXHIBIT "A-1" CLASS II {continued) In addition, the individual must meet all of the following minimum criteria: o Professional appearance and demeanor, with above average communication skills o At least 21 years of age o Successful Completion of Background Investigation, as set for[h in the Proposal Documents and in Exhibit A, and including any additional requirements of any Using Agency or the FAA o Completion of State Required 18 Hours of Training for "D" Security Officer License o Have attended the 40-hour training class described in the Proposal Documents, to be conducted by the Contractor prior to assignment to a County site, and have attended an 8-hour refresher course each year. Rate Per Hour for Each Contract Year - Class II Bill Rate Overtime Rate Contract Year I $13.98 $ 20.97 Contract Year 2 13.98 20.97 Optional Contract Year 3 14.54,/ : 21.81 Optional Contract Year 4 14.98 -. 22.47 Optional Contract Year 5 15.28 22.92 CLASS ~'his is the highest classification of security officer. This classification will work at courthouses and wilt ser~,e as dispatchers for Office of Environmental Services and other specialized site locations requiring this tTpe of background The individual must meet all of the following minimum criteria: o Graduate of a certified federal, state, county or local law enforcement training program, military police training or equivalent with appropriate certificate or diploma. o Have a minimum of three (3) full years experience in certified law enforcement in a military or civilian setting (applies to armed officers only). o Professional appearance and demeanor, with above average communication skills o At least 21 years of age o Successful Completion of Background Investigation, as set forth in the Proposal Documents and in Exhibit A., ant including any additional requirements of any Using Agency or the FAA o Completion of State Required 16 Hours of Training for "D' Security Officer License o Have attended the 40-hour training class described in the Proposal Documents, to be conducted by th-: Contractor prior to assignment to a County site, and have attended an 8-hour refresher course each ye=r. Rate Per Hour for Each Contract Year - Class III Bill Rate Overtime Rate Contract Year 1 $16.40 $ 24.60 Contract Year 2 16.40 . 24.60 Optional Contract Year 3 17.06,/ 25.59 - Optional Contract Year 4 17.57 26.35 Optional Contract Year 5 17.92 26.88 Exhibit A-l, Page 2 of 4 EXHIBIT "A-I" Site Supervisor This position may be needed at certain County sites as determined by the applicable Using Agency Representative. The individual must meet all of the following minimum criteria: o Possesses verifiable supervisory experience within either civilian law enforcement, military, or with The Wackenhut Corporation. o Graduate of a certified federal, state, county or local law enforcement training program, military police training or equivatent with appropriate certificate or diploma. o Have a minimum of three (3) full years experience in certified law enforcement in a military or civiliar. setting. o Professional appearance and demeanor, with above average communication skills o At least 21 years of age o Successful Completion of Background Investigation, as set forth in the Proposal Documents and ir Exhibit A, and including any additional requirements of any Using Agency or the FAA o Completion of State Required 16 Hours of Training for "D" Security Officer License o Have attended the 40-hour training class described in the Proposal Documents, to be conducted b': the Contractor prior to assignment to a County site, and have attended an 8-hour refresher cours( each year. Rate Per Hour for Each Contract Year - Site Su ervisor Bill Rate Overtime Rate_ Contract Year 1 $19.32 $ 28.98 Contract Year 2 19.32 28.98 Optional Contract Year 3 20.09 ,/ 30.14 Optional Contract Year 4 20.69 31.04 Optional Contract Year 5 21.10 31.65 Exhibit A-l, Page 3 of 4 L A~D~ ~T£M ,' 1 MAY 132003 ' · , EXHIBIT "A-I" 2.__,_. EQUIPMENT CLASSIFICATIONS AND RATES: SECURITY CART/VEHICLE: Solid state electric golf carts and charger with security beacon and side panels. Four (4) Wheels, Two (2) person capacity (including driver), with back compartment. Rate is inclusive of all maintenance. $ 200.00 per month, per vehicle PATROL VEHICLES: Fully equipped high profile (i.e., visible), well marked, utility patrol vehicle, equipped with light bar, security markings, jumper cables, first aid equipment, traffic cones and flares. Rate is inclusive of all fuel and maintenance. Vehicles can be marked to identify specific County sites, if required. $1,000.00 per month each, if assigned to a location where patrol function does not exceed 12 hours per day. $1,400.00 per month each, if assigned to a location where patrol function exceeds 12 hours per day. PATROL BICYCLES: Raleigh 15 speed, fully equipped police quality bicycles. Rate is inclusive of all maintenance. $ 100.00 per month each Exhibit A-l, Page 4 of 4 -- EXHIBIT "A-2" The following Key Staff shall be assigned to the oversight of operations under this Agreement, at nc additional charge to the County. William B. Schira, Area Manager and Operations Manager Edward Farnan, Manager of Physical Security Major Dan Poole, Area Supervisor Major Allen Reynolds, Area Supervisor Major James Vazquez, Area Supervisor Captain Larry May, Senior Street Captain Captain Joe Ails, Street Captain Captain Sam Carrasquillo, Street Captain Captain Paul Burbridge, Street Captain Captain Chris Dittmer, Street Captain In addition, Contractor shall provide back-up security guard services (at no additional charge County) to provide relief to guard positions at County sites, such that posted guards shall have th.~ ability to take scheduled 15 minute breaks and County shall not have security guard servic~ interrupted during such breaks. Exhibit A-2, Page 1 of 1 MAY 1 3 ZOO EXHIBIT B SDBE PARTICIPATION AND SUBCONTRACTORS Subcontractor: SDBE Participation: Enterprise Security, Inc. 20% Scope of Work: Provisions of Class I and Class II Guards to sites identified on Exhibit D, as may be changed or adjusted from time to time upon approval of the Contract Administrator and applicable Using Agencies. Exhibit B, Page 1 of 1 i AG£ NEmA IT£M · ,0._ //_,,,,',. (_¢ MAY 1 3 2003 PGo~ FEDERAL AND coUNTY NONDIS IMINATi N Ri= UIREMENTS I. NONDISCRIMINATION ' 49 CFR P RTI RE UIREI~IENTS During the performance of this contract, the Consultant/Contractor/ Tenant/Concessionaire/Lessee/Permit~ee/Licensee for itself, its personal representatives, assigns and successors in interest (hereinafter referred to collectiYely as the "Conb'actor") agrees as follows: (a) Compliance With Re_aulation.s.. The Contractor shall comply with the Regulations relative to nondiscrimination in Federally Assisted Programs of the Department oi Transportation (hereinafter, "DO'P') Title 49, Code of Federal Regulations, Pah 21, as they may be amended from time to time (hereinafter referred to as the Regulations) which are herein incorporated by reference and made a part of this contract. (b) Nondiscrimination-. The Contractor shall not discriminate on the grounds of race, color religion, gender, national origin, age, maritsl status, political affiliation, familial status physical or mental disability, or sexual orientation in the selection and retention o subcontractors, including procurement of materials and leases of equipment. Th.¢ either directly or indirectly in the discriminatior Contractor shall not participate prohibited by Section 21.5 of the Regulations, including employment practices wher the contract covers a program set forth in Appendix B of the Regulations. Solicitation for Subcontracts Includin Procurement of Materials and E ui ment. Ir (c) all solicitation either by competitive bidding or negotiation made by the Contractor fo work to be performed under a subcontract, including procurement of materials o leases of equipment, each potential subcontractor or supplier shall be notified by th,. Contractor of the Contractor's obligation under this contract and the Regulation relative to nondiscrimination on the grounds of race, color, religion, gender, nations origin, age, marital status, political affiliation, familia~ status, physical or ment~ disability, or sexual orientation. (d) I_nformation and Reports. The Contractor shall provide all information and report, required by the Regulations or directives issued pursuant thereto and shall perm access to its books, records, accounts, other sources of information, and its facilitie as may be determined by the County or the Federal Aviation Administration (FAA) t be pertinent to ascertain compliance wit;~ such Regulations, orders, and instruction' VVhere any information required of Contractor is in the exclusive possession of anoth~ who fails or refuses to furnish this information, the Contractor shall so certify to th County or the FAA, as appropriate, and shall set forth what efforts it has made ' obtain the information. Exhibit C, Page 1 of 5 (e) Sanctions for Noncompliance. In the event of the Contractor's noncompliance with tne nondiscrimination provisions of this contract, the County shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: (1) withholding of payments under the contract until there is compliance, and/or (2) cancellation, termination, or suspension of the contract, in whole or in part. ~n the event of cancellation or termination of the contract (if such contract is a lease), the County shall have the dght to re-enter the Premises as if said lease had never been made or issued. These provisions shall not be effective until the procedures of Title ,49 CFR, Part 21 are followed and completed, including exercise or expiration of appea' rights. (f) Incorporation of Provisions. The Contractor shall include the provisions of paragraphs (a) through (e), above, in every subcontract, including procurement of materials ant leases of equipment, unless exempt by the Regulations or directives issued pursuan' thereto. The Contractor shall take such action with respect to any subcontract o: procurement as the County or the FAA may direct as a means of enforcing sucl- provisions including sanctions for noncompliance. Provided, however, that in the even' Contractor becomes involved in, or is threatened with, litigation with a subcontracto' or supplier as a result of such direction, the Contractor may request the County tc enter into such litigation to protect the interests of the County and, in addition, th~ Contractor may request the United States to enter into such litigation to protect th~ interests of the United States. (g) The Contractor, as a part of the consideration hereof, does hereby covenant an¢ agree that in the event facilities are constructed, maintained, or otherwise operated or the said property described in this contract, for a purpose for which a DOT progran or activity is extended or for another purpose involving the provision of similar service: or benefits, the Contractor shall maintain and operate such facilities and services ir compliance with all other requirements imposed pursuant to 49 CFR, Part 21 Nondiscrimination in Federally Assisted Programs of the Department Transportation, and as said Regulation may be amended. (h) The Contractor, as a part of the consideration hereof, does hereby covenant an agree that: (1) no person on the grounds of race, color, religion, gender, ~ation~ origin, age, marital status, political affiliation, familial status, physical or ment~ disability, or sexual orientation shall be excluded from participation in, denied th benefits of, or be otherwise subjected to discrimination in the use of said facilities, (: that in the construction of any improvements on, over, or under the premises and th furnishing of services thereon, no person on the grounds of race, color, religio: gender, national origin, age, marital status, political affiliation, familial status, physic. or mental disability, or sexual orientation shall be excluded from participation in, denie the benefits of, or otherwise be subjected to discrimination, and (3) that the Exhibit C, Page 2 of 5 HAY 3 2003 1 ,~._~ .... Contractor shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. I1. NONDISC IMINATION - 14 CFR PART 152 RE UIREMENTS During the performance of this contract, the Consultant/Contractor/Tenant/ Concessionaire/Lessee/Permit'tee/Licensee, for itself, its assignees and successors in interest (hereinafter referred to collectively as the "Contractor") agrees as follows: The Contractor assures that it will undertake an affirmative action program as required by 1,; CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, color. religion, gender, national origin, age, marital status, political affiliation, familial status, physica or mental disability, or sexual orientation be excluded from participation in any employment contracting, or leasing activities covered in 14 CFR Part 152, Subpart E. The Contracto: assures that no person shall be excluded on these grounds from participating in or receivin.~ the services or benefits of any program or activity covered by this Subpart. The Contracto assures that it will require its covered suborganizations to provide assurances to th~ Contractor that they similarly will undertake affirmative action programs and that they require assurances from their suborganizations as required by 14 CFR Part 152, Subpart E to the same effect. The Contractor agrees to comply with any affirmative action plan or steps for equs employment opportunity required by 14 CFR Part 152, Subpart E, as part of the affirmatiw action program, and by any federal, state, or local agency or court, including those resultin.~ from a conciliation agreement, a conseht decree, court order or similar mechanism. Th~ Contractor agrees that state or local affirmative action plans will be used in lieu of an. affirmative action plan or steps required by 14 CFR Part 152, Subpart E, only when they full meet the standards set forth in 14 CFR 152.409. The Contractor agrees to obtain a simils assurance from its covered organizations, and to cause them to require a similar assuranc- of their covered suborganizations, as required by 14 CFR Part 152, Subpart E. If required by 14 CFR Part 152, Contractor shall prepare and keep on file for review by th FAA Office of Civil Rights an affirmative action plan developed in accordance with th standards in Part 152. The Contractor shall similarly require each of its covere suborganizations (if required under Part 152) to prepare and to keep on file for review by tb FAA Office of Civil Rights, an affirmative action plan developed in accordance with standards in Part 152. Exhibit C, Page 3 of 5 MAY 1 3 2003 If Contractor is not subject to an affirmative action plan, regulatory goals and timetables. other mechanism providing for short and long-range goals for equal employment opportu 'nity under Part 152, then Contractor shall nevertheless make good faith efforts to recruit and hire minorities and women for its aviation workforce as vacancies occur, by taking any affirmative action steps required by Part 152. Contractor shall similarly require such affirmative action steps of any of its covered suborganizations, as required under Part 152. Contractor shall keep on file, for the period set forth in Part 152, reports (other than those submitted to the FAA), records, and affirmative action plans, if applicable, that will enable the FAA Office of Civil Rights to ascertain if there has been and is compliance with this subpart, and Contractor shall require its covered suborganizations to keep similar records as applicable. Contractor shall, if required by Part 152, annually submit to the County the reports required by Section 152.415 and Contractor shall cause each of its covered suborganizations that are covered by Part 152 to annually submit the reports required by Section 152.415 to the Contractor who shall, in turn, submit same to the County for transmittal to the FAA. Ill. NONDISCRIMINATION - GENERAL CIVIL RIGHTS PROVISIONS The Consultant/ContractorfTenantJConcessionaire/Lessee/Permittee/Licensee for itself, its assignees and successors in interest (hereinafter referred to collectively as the "Contractor") assures that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, color, religion, gender, national origin, age, marital status, political affiliation, familial status, physical or mental disability, or sexual orientation be excluded from participating in any activity conducted with or benefiting from Federal assistance. This Provision obligates the Contractor or its transferee for the period during which Federal assistance is extended to the airport program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases, the Provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this ?rovision binds the contractors from the bid solicitation period through the completion of the contract. Exhibit C, Page 4 of 5 AG£N~A IT£m . MAY 1 3 200.t iV. NONDISCRIMINATION - 49 CFR PART 23 DBE ASSURANCES (a) Policy. it is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. (b) DBE Obligation. The Contractor-agrees to ensure that disadvantaged business enterprises, as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, religion, gender, national origin, age, marital status, political affiliation, familial status. physical or mental disability, or sexual orientation in the award and performance of DOT-assisted contracts. Exhibit C, Page 5 of 5 EXHIBIT BROWARD COUNT~ SECURITY SERVICE~ HOURS BROWARD COUNTY FACILITY PER WEEK FACILITIES MANAGEMENT DEPARTMENT NORTH REGIONAL COURT 800 WEST REGIONAL COURT 123,O MIORISE 85.0 MIDRISE PARKJNG (MBE Contractor- ENTERPRISE) 80.0 SOUTH REG. COURT (MBE Contractor- ENTERPRISE) 122.5 CARVER RANCHES (MBE Contractor- ENTERPRISE) 16.0 MILLS MULTIPURPOSE 64.3 ENVIRONMENTAL SERVICES DEPARTMENT ENVIRONMENTAL / COPANS 12~.0 BCOES DISPATCH 168.0 AVIATION DEPARTMENT AVIATION - AIRPORT GATES 280.0 AVIATION DEPARTMENT 3C8.0 AIRPORT EMP. PARKING LOT PATROL AIRPORT PARK'N SAVE (MBE Contr~ctnr. ENTERPRISE) 168.0 TRANSIT NW BUS TERMINAL 1 68.4 WEST BUS TERMINAL (MRE Contractor- ENTERPRISE) LIB P-,.ARI E S COLLIER (MBE Co--or-ENTERPRISE) 93.3 R~vedand Ut:~ary (MBE Cont~ctor - ENTERPRISE) Mizell Ubrap/(Sen,ice when requested) MISCELLANEOUS BROWARD COUNTY SITES STREETS & HIGPPA/AYS 1 68.0 SEXUAL ASSAULT TREATMENT CENTER OMBE 25.0 Contmmor - ENTERPRISE) BUILDING & ZONING SW LANDFILL 6.5 118.0 CURRENT TOTAl_ HOURS 2198.0 AG£ND~ IT(M ! MAY 1 3 2003 PG. ~4"¢ EXHIBIT D BROWARD COUNTY SECURITY SERVICES HOURS BROWARD COUNTY FACILITY PER WEEK FACILITIES MANAGEMENT DEPARTMENT "' NORTH REGIONAL COURT 80.0 WEST REGIONAL COURT 123.0 M~CRISE 85.0 MIDRISE PARKJNG (MBE Contractor - ENTERPRISE) SOUTH REG. COURT (MBE Contractor- 122.5 ENTERPRISE) CARVER RANCHES (MBE Contractor - 16.0 ENTERPRISE) MILLS MULTIPURPOSE 64.3 ENVIRONMENTAL SERVICES DEPARTMENT ENVIRONMENTAL / COPANS 126.0 BCOES DISPATCH 168.0 AV'LATION DEPARTMENT AVIATION - AIRPORT GATES 280.0 308.0 AV1ATION DEPARTMENT AIRPORT EMP. PARFJNG LOT PATROL AIRPORT PARK, 'N SAVE (MBE Contractor- 168.0 ENTERPRISE) TRANSIT 168.4 NW BUS TERMINAL WEST BUS TERMINAL (MBE Contractor - ENTERPRISE) LIBRARIES COLLIER (MBE Contractor -ENTERPRISE) 93.3 Rh, edand Library (MBE Contractor - ENTERPRISE) Mizell Ubra~y (Service when requested) MISCELLANEOUS BROWARD COUNTY SITES STREETS & HIGHVVAYS 1 68.0 SEXUAL ASSAULT TREATMENT CENTER (MBE 25.0 ~ctor- ENTERPRISE) BUILDING & ZONING 6.5 SW LANDFILL 118.0 CURRENT TOTAL HOURS 2198.0 ! MA'f t 3 2803 PRODUCER . Sedal# 600407 CONFERS NO RIGHTS UPON THE CERTIFICATE Aon Risk Services, Inc. Of Florida HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 019012 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Miami, FI 33101-9012 , COMPANIES AFFORDING COVERAGE COMPANY A American Home Assurance INSURED COMPANY B Commerce & Industr~ The Wackenhut Corporation COMPANY 4200 Wackenhut Drive, #100 , c Insurance Co. Of State Of PA Palm Beach Gardens, FL 33410 COM.ANY I D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY ,CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. · % i PO.CY -FECTIVE PO,,CY mRAmNi TYPE OF INSURANCE ! POLICY NUMBER DATE (MM/DD/YY) DATE (MM/ODrCY~ I -- LIMITS A ' GENERAL LIABILITY RMGL6 !25607 10/02/2002 10/07./2003 !GENERAL AGGREGATE ! $ 5.000 000 IX I PRODUCTS. COMPfOP AGG ; $ 5,000,000 J COMMERCIAL GENERAL LLABILITY I i CLAIMS MADE i X OCCUR ', PERSONAL & ADV INJURY i $ 5,000,000 OWNER'S & CONTRACTOR'S PROT ! EACH OCCURRENCE :. $ 5,000,000 ;X CONTRACTUAL/E&O r ~ ! FIRE DAMAGE (Any one fire) $ XXXXXX : MED F_.XP (Any one person) $ XXXXXX A ; AUTOMOBILE LIABILITY R MCA5349548 10/02/2002 10/02/2003 :~- ANY AUTO COMBINED SINGLE LIMIT ! $ 5,000,000 i ALL OWNED AUTOS RMCA5349549 (TX) f BODILY INJURY ' SCHEDULED AUTOS RMCA5349550 (MA) (Per person) ' $ RMCA5349551 (VA) I X i HIRED AUTOS RMCA5349552 (CO) i BODILY INJURY NON'OWNED AUTOS {Per accident) $ r i PROPERTY DAMAGE i $ i GARAGE LIABILITY AUTO ONLY ' E.A ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT i $ AGGREGATE i $ ~ EXCESS LIABILITY ~ EACH OCCURRENCE [ UMBRELLA FORM .AGGREGATE ' OTHER THAN UMBRELLA FORM A I WORKER'S COMPENSATION AND WC3322481 (A) 10/02/2002 10/02/2003 [ X ~,~o.*wcsT*TU'uM.s '~ !e~"-E. B ! EMPLOYERS' LIABILITY ' IWC3322483 (A) .E_L. EACH ACCIDENT $ 1,000,000 Cr!THEpARTNER;~'E~ECUTIvEPROPR'ETO~ --X INCL '. WC3322484 (B) iLL DI-SE~S-E-- P(~.[.I~Y LIMIT $ 1,000,000 o.F,c.,=.$..,.~. E.XCL iWC3322482 (C) ]EL DISEASE-EA EMPLOYEE $ 1.000.000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS TWC OFFICE - FT. MYERS SHOULD ANY OF THE ABOVE DESCI~JBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY W1LL ENDEAVOR TO MAIL COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEDTO THE LEF ATTN: GREG THACKER, SAFETY COORDINATOR BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGA'nON OR LIABILITY 8005 VANDERBILT BEACH ROAD NAPLES, FLORIDA 34112 OF ANY KIND UPON THE COMPANY, ITS AGENT~_ OR REPRESENTATIVES. AUTHOR,.E, D REP~;..~_~ITATIVE ACe[ND& EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT FOR COSTS RELATED TO THE RESTRUCTURING OF THE ADMINISTRATIVE FUNCTION OF THE PUBLIC UTILITIES ENGINEERING DEPARTMENT AND EQUIPMENT REQUIRED TO SUPPORT EXPANDING CAPITAL IMPROVEMENT PROGRAMS IN THE AMOUNT OF $43,900 ~: To have the Board of County Commissioners approve a budget amendment for $43,900 transferring funds from Reserve for Contingencies to the Public Utilities Engineering Department's operating expenses and capital outlay. CONSIDERATIONS: As part of the department's reorganization, an analysis of the Public Utilities Engineer~ng"bepartment determined a need for additional administrative staff. Staff was borrowed from the Pollution Control Department to assist in the organization of the administrative unit. In addition, temporary employees were hired until permanent positions could be filled incurring costs of $32,000. An Additional $1,300 was spent for safety equipment and minor office equipment. Capital outlay for the new employees is higher than anticipated due to the purchase of three (3) personal computers ($6,200), one (1) printer (1,500), one (1) scanner ($1,000), two (2) digital cameras ($1,000) and two (2) personal data assistants ($900). FISCAL IMPACT: Funds are available in County Water/Sewer Operating Fund (408) - Reserve for Contingencies. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve the budget amendment. ,_ .... , -4_, ,~ - ...... Date: ~'"'~ - SUBMITTED BY: - Ro~ B. Anderson, P.E., Director Public Utilities Engineering Department Tom Wides, Operations Director Public Utilities Division AmP ~ J~mes W. DeLony, P.E., Adrnin~trator ~ ~.~blic Utilities Division qAY I 3 2003 FACT SHEET APPROVAL OF A BUDGET AMENDMENT FOR COSTS RELATED TO THE RESTRUCTURING OF THE ADMINISTRATIVE FUNCTION OF THE PUBLIC UTILITIES ENGINEERING DEPARTMENT AND EQUIPMENT REQUIRED TO SUPPORT EXPANDING CAPITAL IMPROVEMENT PROGRAMS IN THE AMOUNT OF $43,900 DATE: April 22, 2003 SUBJECT: To approve a budget amendment in the amount of $43,900 for costs related to the hiring of additional unbudgeted temporary employees, interdepartmental reimbursement and additional operating costs. PURPOSE: This fact sheet is provided to explain why the unanticipated expense was incurred and a budget amendment was necessary. BACKGROUND/CONSIDERATIONS: Due to growth in the Public Utilities Engineering Department, the proliferation of new projects necessitated increased paperwork, office systems and filing needs. Office support consisted only of one secretary, who required assistance in keeping up with the increased work flow. To alleviate this shortfall, the Operations Manager from Pollution Control was assigned to the Public Utilities Engineering Department for a period of four months to redesign some of the office work flow and decrease the backlog of filing. During this time, the PUED secretary resigned. Temporary clerical help was hired to fill in and the Operations Manager supervised the temporary staff during this time. The temporary staff worked in PUED until a new position was created and both the existing Department Secretary position was filled again and the newly created Administrative Assistant position was also filled. The cost for the Operations Manager and the temporary help was $32,000. In addition, other newly created Project Manager positions within the department created a need to purchase three personal computers ($6,200), one printer ($1,500), one scanner ($1,000), two digital cameras ($1,000) and two personal data assistants ($900) and safety equipment and minor office equipment ($1300). FUTURE ACTIONS/CONSIDERATIONS: The two existing administrative support positions will provide enough coverage to provide support to the PUED department. COORDINATION REQUIRED: None required FISCAL IMPACT: Funds are available in County WatedSewer Operating Fund (408) - Reserve for Contingencies. OPTIONS: This temporary help project has been completed. RECOMMENDATION: That this Budget Amendment be approved by the Public Utilities Administrator and the Board of County Commissioners. PlAY 1 3 2003 EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT FOR COSTS RELATED TO THE HIRING OF A SOLID WASTE PROJECT MANAGER, AND REIMBURSEMENT OF THOSE EXPENSES FROM SOLID WASTE DISPOSAL FUND 470 TO COUNTY WATER/SEWER OPERATING FUND 408 IN THE AMOUNT OF $35,000 ~: To obtain the Board of County Commissioners approval of a budget amendment for $35,000 reimbursing funds to the Public Utilities Engineering County Water/Sewer Fund 408 from Solid Waste Disposal Fund 470. CONSIDERATIONS:_ As part of the expansion of services, a Senior Solid Waste Project Manager is required to perform project work for the implementation of the County' s solid waste management plan. To accommodate this need, a position will be transferred from the Solid Waste Department to Public Utilities Engineering and reclassified as Senior Solid Waste Project Manager in the Public Utilities Engineering Department. Projects in the program include solid waste gasification, wastewater residuals, grease trap waste and landfill gas recovery as described at the Board of County Commissioners meeting of March 11. 2003, Agenda Item 10 (A), where the program was approved. This Senior Project Manager will assist in contract negotiations, and oversight of design and construction work by the solid waste contractors. The Senior Project Manager will be located within the Public Utilities Engineering Department, the organization responsible for implementing the Capital Projects for the Public Utilities Division. FISCAL IMPACT_'. Funds are available from Solid Waste Disposal Fund 470. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Manaoement Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve the budget amendment. , 7 -~ ~-- d t //'"~C-~ Date: SUBMITTED BY: ~. *--- '/ ' _ Roy,l~. Anderson, P.E., Director public Utilities Engineering Department REVIEWED BY: ~ Date:_ George Yilmaz, Director Solid Waste Department REVIEWED BY: Date: Tom Wides, Operations ~ctor Public Utilities ~DTi~,.// ~~~ APPROVEDB~~ ~~' Date: M0. /~ & Y. ? J~~pa es W. DeLony, p.E.,/Administrator ~A¥ 1 3 2003 lic Utilities Division' ~,~ EXECUTIVE SUMMARY ADOPT A RESOLUTION APPOINTING OFFICERS TO THE COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION, INC. BOARD OF DIRECTORS FOR 2003-2004. OBJECTIVE: That the Collier County Board of County Commissioners ("BCC") adopt a resolution appointing officers to the Collier County Agricultural Fair and Exposition, Int. ("the Corporation") Board of Directors for 2003 through 2004. CONSIDERATIONS;.. On March 15, 1988, the BCC adopted Resolution No. 88-52 which set forth a procedure for the Corporation to make recommendations to the BCC for appointments of officers to the Corporation's Board of Directors. In accordance with Resolution 88-52, a nominating committee of the Corporation was appointed and canvassed the membership of the Corporation to determine which persons were willing and able to serve on the Board of Directors for 2003 through 2004. The nominating committee submitted its list of recommended nominees, specifying recommended persons for particular positions, to the Corporation's Board of Directors for approval by majority vote of those present and voting. The following slate was approved by a majority vote: · Raymond Holland, President Jim Mansberger, Security Don Jolly, Vice-President Duane Wheeler, Civic Jennifer Ward, Secretary Holly Chernoff, Attorney John Yonkosky, Treasurer Mark Creel, Agriculture Dan Rapacz, Education In accordance with Resolution No. 88-52, the BCC may consider the list of nominees and take action. FISCAL IMPACT.'. There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners approve the attached Resolution appointing the 2003-04 officers for the Collier County Agricultural Fair and Exposition, Inc. Board of Directors as apt)roved by a majority vote of those members present and voting at the March 2003 Board of Directors meeting. . ,' ... · . , ~ .. / l SUBMITTED BY: t" ' ~'x ' ~- 'w.x/,,_. Date: . Kathleen McLartyd2arpent~r, Executive Secretary Public Services Administration John . Dun u'ck, In - ' J 2003 Public Services Division Administrator t 1 RESOLUTION NO. 2003 - 2 3 A RESOLUTION APPOINTING OFFICERS TO THE COLLI~R COUNTY 4 AGRICULTURAL FAIR AND EXPOSITION, INC. BOARD OF 5 DIRECTORS FOR 2003 THROUGH 2004. 6 7 8 WHEREAS, on July 20, 1976 both the Charter and Articles of Incorporation of the Collier County 9 Agricultural Fair and Exposition, Inc. (''the Corporation") were filed with the Secretary of State; and 10 11 WHEKEAS, both the Charter and Articles of Incorporation of the Collier County Agricultural Fair 12 and Exposition, Inc. provide that the officers of the Board of Directors, with the exception of the 13 immediate Past President, shall be appointed annually by the Coilier County Board of County 14 Commissioners CBCC'); and 16 WHEREAS, the BCC, on March 15, 1988, adopted Resolution No. 88-52 that set forth a procedure 17 for the Corporation to make recommendations to the BCC for appointments of officers to the Board of 18 Directors; and 20 WHEREAS, in accordance with Resolution No. 88-52, the nominating committee has submitted its 21 list of recommended nominees to the Board of Directors. 22 23 WHEREAS, in accordance with Resolution No. 88-52, the list of recommended nominees to the 24 Board of Directors, as referenced below, was approved by a majority vote of those present and voting 25 at the March 2003 Board of Directors meeting; and 26 27 WHEREAS, in accordance with Resolution No. 88-52, the BCC may consider the list of nominegs 28 and take action. 29 --30 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 1 OF COLLIER COUNTY, FLORIDA, that the following individuals are hereby appointed as the 2003- 32 2004 officers for the Collier County Agricultural Fair and Exposition, Inc. Board of Directors: 33 34 Raymond Holland President 35 Don Jolly Vice-President 36 Jennifer Ward Secretary 37 John Yonkosky Treasurer 38 Dan Rapacz Education 39 Jim Mansberger Security 40 Duane Wheeler Civic 41 Holly Chernoff Attorney 42 Mark Creel Agriculture 43 44 45 PASSED AND DULY ADOPTED by the County Commissioners of Collier County, Florida, this 46 ~ day of ,2003, after motion, second and majority vote. 47 48 49 ATTEST: BOARD OF COUNTY COMMISSIONERS OF 50 COLLIER COLrNTY, FLORIDA 52 53 54 BY: BY: 55 DWIGHT E. BROCK, Clerk TOM HENNING, Chairman --56 58 No.._,_ 59 Approved as to form and 6o r' fi¥ l-Y, 2003 63 Ic~fer A. Bel~eX~io 64 Assistant County~Attorney EXECUTIVE SUMMARY APPROVE A LIMITED USE LICENSE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SOUTHERN EXTREME WATER SKI TEAM, USING A SPECIFIED COUNTY-OWNED PROPERTY FOR CONDUCTING A WATER SKI TOURNAMENT JUNE 20-22 AT SUGDEN REGIONAL PARK Objective: To provide a means for the Southern Extreme Water Ski Team use of a County facility for a privately produced special event in a manner consistent with Board- approved policies. Considerations..: Southern Extreme Water Ski Team and Sarasota Ski-Rees, nonprofit organizations, would tike to host a regional water ski tournament on Lake Avalon at Sugden Regional Park on June 20 to 22. The Southern Extreme Water Ski Team, Sarasota Ski-Rees and the Parks and Recreation Department have worked on a limited use agreement for the use of the lake at Sugden Park for this tournament. Associated fees include $800 per day facility rental rate in accordance with the Board-approved Outdoor Areas License and Fee Policy (total rental fee will be $2400 for the three-day event) and $125 special event permit application fee. The event will attract water ski teams from as far away as North Carolina as well as teams from throughout Florida. Parks and Recreation anticipates some lost revenue from the unavailability of paddleboat and pavilion rentals and anticipates increased staff time for monitoring of the event and potential additional maintenance. Staff' involvement in parking and security for the event has not yet been negotiated with the organizations. The Outdoor Areas License and Fee Policy provides for non-security and security staffing of events at $15 and $20 per hour per person, respectively. ~: The rental of the park is $800 per day and the total rental fee for the event is $2,400. The Community Development and Environmental Services will receive $125 for processing of the special event permit application. Growth Mana,qement Impact: No Growth Management Impact is associated with this action. Recommendation: That the Board of County Commissioners authorize the Chairman to execute the attached Limited Use Li :ense Agreement between Collier County and the Southern Extreme Water Ski Team and the Sarasota Ski-Rees to hold a Water Ski Tournament at Sugden Regional Park June 20-22, 2003. Submitted b'" ~ ~'~" ~/~; ' ~; Townsend, Operat~ rd~nator '~'~ Parks and Recreation Departmerw .o. HAY 1 3 2003 / , / / ,/-, ~L Date: .ev~,wed ~: ._~ ~ o..~-~ ~o~ Parks and Recreation DepartYnent Approved by: Jo -~nnuck, Administrator Date: ~ ! _ .._ Division of Public Services LIMITED USE LICENSE AGREEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, AND THE SARASOTA SK1-A-REES ASSOCIATION AND SOUTHERN EXTREME WATER SKI SHOW TEAM This is entered into this day of .., 2003, by and between the Board of County Commissioners, Collier County, Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Board", and the Sarasota Ski-a-Rees and Southern Extreme Water Ski Show Team, not-for-profit Florida corporations, hereinafter referred to as "Organization". WHEREAS, the Organizations request the use of County-owned land for the purpose of holding activities for conducting a water ski tournament on June 20, 21, and 2?°, 2003. WHEREAS, the Board is willing to approve thc use of County-owned land for such purposes as are specified herein: NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The Board hereby approves the use of a portion of County-owned property identified as Sugden Regional Park as shown in Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as the "Property" for the purpose of holding activities for a water ski tournament hereinafter referred to as the "Event". The Board hereby grants thc Organization thc right to photograph, record, televise, broadcast, distribute, exhibit, advertise and promote the Event. The Board has rights to use pictures for promotion of this program. Use of the Property by the Organization shall be from 12:01 AM, June 20 through 11:59 pm on June 22, 2003. 2. The Organization shall be responsible for all on and off-site Event operations and revenue as well as the adrmnistration of all revenue derived from the Event. The Organization shall have the sole right and responsibility with respect to the granting of concessions (such as food, beverages, programs), sponsorship and merchandising rights and the revenue therefrom subject to approval of the Public Services Administrator. 3. The Organization shall monitor, control and assume responsibility for all activities, vendors, licensees, and invitees associated with holding of the Event, such responsibility not being limited to trash collection and clean-up of the Property. Repair of damaged areas will be at the expense of the Organization. Board shall not be obligated or required to improve, repair, or maintain the Property or any part thereof in any manner whatsoever. 4. Prior to making any changes, alterations, additions or improvements to the Property, the organization shall provide to the Parks and Recreation Department, in writing, all proposals and plans for alterations, improvements, changes or additions to the Property. The Organization covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Property, to observe and comply with ali present and future laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All permanent alterations, improvements, and additions to the Property shall, at once, when made or installed, be deemed as attached to the freehold and to have become the property of Collier County and shall remain for the benefit of the County at the end of the term set forth in this agreement in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if Board so directs, the Organization shall promptly remove all portable and non-permanent additions, improvements, alterations, fixtures NO. and installations which were placed in, on, or upon the Property on behalf of the Organization, and repair any damage caused to the Property by such removal. M,i~¥ ] 3 2003 5. Organization agrees that the Event will be managed in such a way as to comply with alt other Collier County ordinances, codes and Parks and Recreation Department policies. In particular, the event noise will be managed to limit any sound amplification to meet the Collier County Noise Ordinance. There shall be no on-site sales, promotion, or consumption of alcoholic beverages within the park boundaries. There shall be no on-site sales and promotion of any tobacco product within the park boundaries. 6. Organization agrees to: A. Provide on or before April 21st, 2003 to the Parks and Recreation Department and appropriate Development Services staff an application for a special events permit. A logistical schedule of events (e.g. deliveries, set-up, clean up, etc), an event map and parking plan will be included within the special events permit application package. B. Meet on the Property on or before May 16, 2003 with representatives from the Collier County Parks and Recreation Department, the Collier County Sheriff's Department and Collier County EMS. The Organization will have or will have provided in advance of the meeting: 1. Fire Retardant Certificates and safety inspection for all tents to the East Naples Fire Department (if applicable) 2. A copy of the certificates of all insurance required by this agreement, 3. A security, parking and pedestrian crossing plan agreed to in writing by the Collier County Sheriff's Department. 4. Written confirmation for on-site Emergency Medical Services from the Collier County EMS Department, and 5. A copy of the organization's "Program Schedule". (Include times) 6. Vendor List 7. Organization agrees to manage the Event as outlined within the Program Schedule prepared by Organization. Such plans shall be made a part of this Agreement. Revisions to the Pro,am Schedule after the meeting of May 16. 2003, referenced in paragraph six (6B) will require the review and approval of the Public Services Administrator. Should inclement weather require cancellation of the event of June 20, 21, 22, such a decision will be made in conjunction with the Organization and the Public Services Administrator as agreed to by the Organization and the Public Services Administrator. 8. Organization shall indemnify, defend and hold harmless Board, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) Organization's use of the Property, (B) any work or thing whatsoever done or any condition created (other than solely by Board, its employees, agents or contractors) by or on behalf of Organization in, about, on or with the Property, (C) any condition of the Property due to or resulting from any default by Organization in the performance of Organization's obligations under this Agreement, and (D) any act, omission or negligence of Organization, its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against any of the above by reason of any one or more thereof, Organization shall pay all costs, attorneys" fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if Board shall so request, at Organization's expense, by counsel reasonably satisfactory to Board, except where such damage or injury is the result of the gross negligence or willful misconduct of the Board or its employees. /" Agend~ Item - 9. The Organization accepts the property "as is". The Board shall not be liable for any injury or damage to any person or property caused by the elements or by other ] [~A¥ ] ~. 200] · persons on the Property, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority. 10. The Board shall not be liable for any loss of property, including loss due to petty theft of any property occurring on the Property or any part thereof. The Organization agrees to hold the Board harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the Board or its employees. 1 I. (a) Organization shall provide and maintain special event general liability and property liability insurance policy(ies), approved by the Collier County Risk Management Department for not less than One Million Dollars and No/Cents ($1,000,000) combined single limits during the term of this Agreement. (b) Collier County shall be listed as additional insured on the commercial general liability policy. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this Agreement; and shall include a provision requiting ten (10) days in which to obtain such additional insurance. 12. This Limited Use License Agreement shall be administered on behalf of the Board by and through the Collier County Parks and Recreation Department. 13. It is the responsibility of the Organization to properly notify the general public of closed roads and designated parking areas. The Organization shall ensure that the park and all park facilities remain open and accessible to the public. 14. This Agreement is not assignable. An3' attempt to assign shall be void ab initio. 15. The Rental Rate for the festival is $800 per day for a total of $2,400. No admission fee will be charged for this event. No sale of large commercial items will be allowed, i.e. boats, motors. 16. This Agreement represents a bare license for the Organization's use of the property and does not convey any estate in the Property or create any interest therein whatsoever. 17. The Organization shall be responsible for paying all taxes and charges associated with or resulting from the holding of this Event. 18. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have made and executed this Limited Use License Agreement as of the day and year first above written. AS TO THE ORGANIZATION: SARASOTA SKI-A-REES /...J~ ~-~..-.----.e (~Witnes~ (signature)'~-~ ~"~ By: ~, ~,o~er Bennett, President (t~rint name) ~itness (s~gnature) (pri'nt n~tne-) W/~tne~s-(si~nature) David Reinersten, President (print name) Witness (sisnature) (pnnt name) AS TO THE COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk of Courts By: By: Deputy Chairman Approved as to form And legal sufficiency: Rdbert 2achary~ / Assistant Coffnty Attorney Agend~ PlAY 1 3 2003 Pg. A Temporary Agreement 1, ~"~ AJ V · ~ ~'~-~! , as President of Gulf Coast Skimmers Water Ski Show, Inc. hereby agree to waive all liabilities stated in the Lease Agreement #798 dated January 7, 1997 between Collier County Board of County Commissioners and Gulf Coast Skimmers Water Ski Show Team, Inc., during the dates of June 20, 2003 through June 22, 2003. I acknowledge as of Friday, June 20, 2003, 12:01 a.m. until Sunday, June 22, 2003, 11:59 p.m., under the direction of Southern Regional Ski Show Association in cooperation with host, Southern Extreme Water Ski Show Team and co-host Sarasota Ski-a-Rees will be responsible for all liabilities, permit and rental fees, and/or damage to site and the demised premises, including docks, ski jumps, amphitheater, and will abide with ali Collier County ordinances. By signing this agreement all signing parties understand that Collier County will not suspend, terminate or change the Lease Agreement # 798 between Collier County and Gulf Coast Skimmers Water Ski Show, Inc. dated January 7, 1997 in any way as of the current date or any dates in the future. Collier County will not request or require the Gulf Coast Skimmers Water Ski Show, Inc. to ceases its regular operations during the dates of June 20, 2003 through June 22, 2003. 1) Sarasota Ski-a-Rees and Southern Extreme Water Ski Team will not request or force the Gulf Coast Skimmers Water Ski Show, lnc. staff, members, children, family, volunteers, agents, Board of Directors, sponsors, or property including boats, slalom coarse, ski jumps, docks, storage containers, construction materials to be removed from Sugden Regional Park property or the demised premises as outlined in the Lease #798 agreement date January 7, 1997during the dates stated above. 2) The Gulf Coast Skimmers Water Ski Show, Inc. and personal, kids, volunteers, sponsors, Board of Directors, children, agents, staff, and families will be able to participate in the tournament event. 3) Sarasota Ski-A-Rees Water Ski Show and the Southern Extreme Water Ski Show Team will provide a certificate of additional insured naming the Gulf Coast Skimmers Water Ski Show, Inc. for no less than One Million Dollars ($1,000,000) combined single limits during the tournament dates. The additional insurance certificate will be provided ten (10) days prior to the tournament. 4) The Gulf Coast Skimmers Water Ski Show, lnc. shall not be liable for any loss of property, including losses due to petty theft of any property occurring on the property or any part thereof. The Southern Extreme Water Ski Show Team and the Sarasota Ski-A-Rees Water Ski Show and Southern Regional Water Ski Association participants agree to hold the Gulf Coast Skimmers Water Ski Show, inc. and or its directors and or members, sponsors, donors, Board of Directors and advertisers from any claims for damages. 5) Gulf Coast Skimmers will have the option to perform their Saturday evening 6:30 p.m. weekly water ski show during the dates mentioned above. 6) The Gulf Coast Skimmers Water Ski Show, Inc. and the Southern Extreme Water Ski Show Team will jointly organize all concession activities during the tournament. Proceeds from team registrations, t- shirt sales, and concessions will be split equally at the close of the tournament less all tournament expense. Twenty (20) days prior to the tournament a budget will be established by John V. Gursoy and David P. Reinertsen. The Gulf Coast Skimmers Water Ski Show, Inc. concession may be opened as an option and profits will be split equally. A hot food items concessions will be contracted to serve the event in which profits will be split equally between the Gulf Coast Skimmers Water Ski Show, Inc. and the Southern Extreme Water Ski Show Team. The undersigned parties understand the responsible parties for host; Southern Extreme Water Ski Show Team is President, David Reinertsen and the responsible parties for co-host; Sarasota Ski-a-Rees is President, Roger Bennett. The undersigned understand the ski site at Sugden Regional Park will be under the management of host and co-host teams and conduct their activities to be consistent with the Lease Agreement #798 dated January 7, 1997. Host and co-host ski teams will be responsible for all financial responsibilities and liabilities along with garbage pick up, additional portable restroom facilities during the Southern Region Ski Show Tournament during the above mentioned dates. ! .... Agenfl~ Item_ IMAY 1:3 2003 ~g · ________ Johfi ~/. Gursoy, President WXx~s (signature~ Gulf Coast Skimmers Water Ski Show Team, Inc. Wimess (printed name) I~vid P. Re~-~erts~, President Witness (si~ature) Southern Extreme Water Ski Show Team, Inc. Witness (.~ghature) Sarigota Ski-a-Rees Water Ski Show Team, Inc. Witness (lbrinted name) "Agenda NAY 1 3 2803 F'go ,,;~ EXECUTIVE SUMMARY APPROVE A REQUEST TO APPLY FOR TWO FLORIDA COMMUNTIES TRUST FLORIDA FOREVER GRANTS, ONE IN THE AMOUNT OF $1,909,200 REIMBURSEMENT FOR THE PURCHASE OF THE BAREFOOT BEACH OUTPARCEL AND ONE IN THE AMOUNT OF $1,100,000 REIMBURSEMENT FOR THE PURCHASE OF MITIGATION LANDS FOR THE LELY AREA STORMWATER IMPROVEMENT PROJECT ~: To use the financial assistance offered local governments by the Florida Communities Trust to further our mutual goals of preserving natural habitat and listed species. Considerations.: Under the Florida Forever Act, the Florida Communities Trust administers the Florida Forever Program, which provides grants to eligible applicants for the acquisition of land for community-based parks, open spaces and greenways that further the outdoor recreation and natural resource protection needs identified in local government comprehensive plans. For the Florida Forever FF-3 cycle, Collier County may submit multiple applications and request up to $6.6 million. A minimum match of 25% of the total cost of each project is required. The Parks and Recreation Department will be applying for $1,909,200 for reimbursement for the purchase of the Barefoot Beach Preserve outparcel. This parcel was purchased for $4,773,000 in December of 2001. The FF-3 cycle marks the County's third and final opportunity to seek Florida Forever funds for this project. Projects are eligible for funding up to 24 months at~er closing on a parcel. The application for this project submitted for the FF-2 cycle scored very well and received unusually high excellence points, but was not within the fundable range. The County will increase its match from 50% last year to 60% this year. Transportation Division's Department of Alternative Transportation Modes will be applying for $1,100,000 for reimbursement of the 99-acre Lely Area Stormwater Improvement Project mitigation site. The County acquired this parcel in August of 2002 for $2,750,000. Reimbursement of $1,100,000 represents a 60% County match. If funded, these reimbursed funds will allow the Department of Alternative Transportation Modes to develop a trail facility and nature observation deck within the 99-acre parcel and provide funds for other pathway facilities throughout the County. ~: No fiscal impact is associated with applying for these grants. Should the $1,909,200 reimbursement for Barefoot Beach be awarded, a portion of the funds will be used to meet grant requirements for exotic removal and recreational and educational element development. The remainder will be returned to the General Fund. Should the $1,100,000 reimbursement for the mitigation lands be awarded, funds will be used to further the initiatives of the Comprehensive Pathways Plan. MAY 1 Pg. Growth ManaRement Impac_t: The Florida Forever Program rewards projects that demonstrate consistency .with the local comprehensive plan. The Barefoot Beach Preserve outparcel is inventoried in the Growth Management Plan. The implementation of' the Comprehensive Pathway Plan is a directive of the Transportation Element of' the Growth Management Plan. Recommendation.: That the Board of County Commissioners approves a request to apply for two Florida Communities Trust Florida Forever grants, as described above. Submitted bY: (~~nd~O~. T0-~e~-O*perati~s~C°ordinatDorate:- / / Parks and Kecreation Department Reviewed by: J ~1c ,(~ (-,~,~.~ .~X.N . ~.r, ~, . Date: M~rien; Foot-d. C~hts Co~)rd,~nator ~/'nistrative S ~¢i~es Division Reviewed by: Parks ~Kecreati°n De~ffrtment Date: Reviewed by: bian~ Flh~,g. Director - / / - Department of Alternative Transportation Modes john!Dunnu~k. Administrator D ivi/sio n °~'/Pu/~[i.~$ etrices Approved by: ',/."/:'" /jJ ~f'~_ Date: Norm ~eder, Administrator Divirn of Transportation .o._y~/_'> ~? MAY 1 3 20O3 EXECUTIVE SUMMARY APPROVE THE DONATION AGREEMENT FROM DAVID W. FISHER AND KAY J. BRITT, AS SUCCESSOR TRUSTEES OF THE HAROLD W. FISHER TRUST, FOR A FUTURE PLAYGROUND IN COPELAND AT A COST NOT TO EXCEED $2,300. ~: Request approval and execution of the Donation Agreement (Agreement) between Collier County and David W. Fisher and Kay J. Britt, as Successor Trustees of the Harold W. Fisher Trust. CONSIDERATIONS: Collier County Parks & Recreation Department (Parks) is currently leasing space at the Copeland Baptist Church (Church) for a community playground. The lease expires on September 14, 2003, and the Church has requested Parks to relocate the park elsewhere. The Trustees of the Harold W. Fisher Trust have agreed to donate a 0.34-acre lot in Copeland for use as a playground. The site is located approximately 100 feet north of the existing playground. The playground equipment located at the Church site is owned and maintained by Parks and will be relocated by Parks at its expense to the new park. There is approximately $14,500 in outstanding assessment liens on the property for abatement of public nuisance. However, since the property is being donated, we desire for the Board to consider waiving the outstanding assessment liens. Staff has been in contact with Michelle Arnold, Director of the County's Code Enforcement Department, and she has no objections due to the property being donated to the County. Real Estate Services' staff Appraiser values the property at $8,000. The County's Park & Recreation Department has elected to waive the environmental requirements due to the size and location of the property. The Donation Agreement and Quit Claim Deed will be reviewed and approved by the County Attorney's Office and the Parks and Recreation Department prior to execution and recordation. FISCAL IMPACT.: The total costs of acquisition shall not exceed $2,300 (approximately $1,500 for delinquent property taxes, and approximately $800 for title commitment, title policy, and recording of documents). The funds will be withdrawn from the 1982 Parks Improvement CF Fund (306), Golden Gate Neighborhood Park, Block 179. The waived outstanding assessment liens on the property total approximately $14,500. GROWTH MANAGEMENT IMPACT: There is no growth management impact. EXECUTIVE SUMMARY Copeland Playground Page 2 RECOMMENDATION_: Staff is recommending the Board of County Commissioners: I. Approve and accept the Quit Claim Deed once it has been received and approved by the County Attorney's Office and the Parks and Recreation Department; 2. Authorize its Chairman to execute any and all documents related to this project and such other documents necessary for clearing title; and 3. Direct staff to proceed to acquire the subject site and follow all appropriate closing procedures including obtaining the acceptance of the proper conveyance document and approval to record any and all necessary documents (once approved by the County Attorney's Office) to obtain clear title to the property and all other criteria proves satisfactory; and 4. Waive the outstanding lot clearing liens upon recordation of the conveyance document in the Public Records. A ' DATE: PREPARED BY: CindY M. l~b, Sr. Property Acquisition Specialist ate Services ~~~t _DATE: REVIEWE~[ ~- ' ion & Sales Supervisor- To~A. Moth ~mper y q Real Estate Services REVIEWED aY ~ ~ ~ DATE: C[hrles E. Ca~ington, Jr.,[S~A, Manager Real Estate Services ~VIEWED BY ~ector ~i~r~:~ t D~ a r t men t EXECUTIVE SUMMARY Copeland Playground page 3 · REVIEWED BY: ////~;ff/~/~/~'- ' ~' ~ _DATE: Mic~e'e~e'~n~old, Direr Code Enforcement ~partment ~/~a Ramsey, Director ~ Parks & Recreation Dep~ent 2003 EXECUTIVE SUMMARY APPROVE THE OLDER AMERICANS ACT CONTINUATION GRANT AND AUTHORIZE THE CHAIRMAN TO SIGN THE CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING FOR SOUTI-I~VEST FLORIDA, INC., DfB/A SENIOR SOLUTIONS OF SOUTHWEST FLORIDA execution of this contract is necessary for uninten'upted support OBJECTIVE: The .... ., _,.,~.,., ,,u~,,t~ These services consist of services to Services for Seniors iralt, ~tuc~y ,~, transportation, respite, homemaking, caregiver support, and case management services for individuals served through this contract· CONSIDERATIONS: Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly for the past 28 years through the Older Americans Act program. Historically, Collier County Services for Seniors receives the continuation contracts during the latter part of December, for the upcoming grant cycle. The contracts are currently in the County Attorney's office pending approval. Collier County benefits from the provision of these services by assisting the communities most frail, elderly in maintaining their independence by remaining in their homes. In addition, these services provide needed supports in keeping individuals served from this program from being placed in more expensive levels of nursing home care, thus saving taxpayers dollars from mandated Medicaid Nursing Home payments. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: The total grant amount of $936,145 is funded from the State of Florida grants and aids appropriation administered by Senior Solutions of Southwest Florida, an Area Agency on Aging. Of the total grant award, $315,072 will require budget amendments to recognize the direct funding portion of the County for administration, transportation, and case management· The remaining $621,073 will be retained by Senior Solutions who contracts directly with service providers to pay for direct services authorized by Collier County Services for Seniors· A total of $45,100 in local cash matching funds was approved in the FY 2002-03 budget as a contribution from the General Fund (001) to Services for Seniors (123). RECOMMENDATIONS: Staff recommends that the Board of County Commissioners authorize the Chairman to sign the contract between the Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., d/b/a/ as Senior Solutions of Southwest Florida and to approve the necessary budget amendments to ensure continuous ftlnding of the Older American Act Grant. · Prepared by ces for Seniors Reviewed and l'e~~.~! //~' Date: Approved by:/Y~,~_///~ .. man Services B~Xry W~liams, virector, geviewedand ~\ I~f' {~ ' Date: Approved by: ~?. ~ ~/vx,~ ~-.--x.~. John~Dun~uck, Public Services Administrator NO. ,/G m?~___ HAY ~ 2003 EXECUTIVE SUMMARY OBTAIN BOARD APPROVAL TO REJECT BID NO. 02-3414 AND TO AWARD BID NO. 03-3478, "TEE SHIRTS" TO T-SHIRT EXPRESS IN AN AMOUNT NOT TO EXCEED $45,000 ~: To obtain tee shirts in a cost effective manner to assist the Parks and Recreation Department program needs. Considerations.:. On August 22, 2002, Bid No. 02-3414 was publicly advertised. Notices were sent to fifty-four (54) firms with fifty-one (51) firms requesting .full packages. Three (3) responses were received by the due date of September 12, 2002. During the evaluation of the bids it was determined that the specifications were in need of refinement to meet departmental needs with regard to artwork, projects, and type of shirts. The user department and staff therefore mutually agreed to reject all bids received. Based on this action, it was then necessary to initiate a re-bid for these services. Bid No. 03-3478 was publicly advertised on February 10, 2003· Notices were sent to fifty-five (55) firms with forty-five (45) firms requesting full packages. Six (6) responses were received by the due date of March 10, 2003. During the evaluation of the bids, it was determined that only two (2) of the six (6) bids were technically responsive. Four of the six (6) firms, including the apparent low bidder, Dunn Trimming, were found to be technically non-responsive as they failed to provide required samples of artwork with their bid. This was an expressed requirement of the bid under section Specifications/General Information, Samples of Artwork and in the Price Proposal. Staff then reviewed the bids of the two (2) technically responsive firms, T-Shirt Express and Tucker & Robak. After review, staff recommends awarding Bid No. 03-3478, "Tee Shirts" to T-Shirt Express as the lowest, qualified and responsive bidder. ~: A total of $45,000 is budgeted in FY 03 in various recreation and community center cost centers for the purchase of tee shirts. Growth ManaRement Impac,t.: No direct Growth Management impact is associated with this action. Recommendation_: That the Board of County Commissioners reject Bid No. 02-3414 and award Bid No. 03-3478, "Tee Shirts" to T-Shirt Express in the amount of $45,000 as referenced herein. /~.~ Submitted by: ~-~i'~nfi~ Parks and Recreation Department / Date: Reviewed by: ~v~~e~ ' -/ , Director Parks and Recreation Department Date: Reviewed by: ~~,~ e~' .-~~/ - 'Stephen Y. Cam , Director 't ptu~chasing Department Approved by: ~, ~ _~ __ Date: 5 t~ /~) Jo~ Dunnuck, Administrator D~ision of Public Services EXECUTIVE SUMMARY APPROVE A LICENSE AGREEMENT WITH THE MARCO ISLAND HISTORICAL SOCIETY TO DESIGNATE LAND FOR A FUTURE MUSEUM ON MARCO ISLAND. OBJECTIVE: To preserve and teach the historical significance of the community through the development of a museum system. CONSIDERATION: The Marco Island Historical Society is hopeful to develop a museum that will display artifacts which are native to the Marco Island community including but not limited to the Calusa Indian era. In an effort to promote this endeavor, the Board previously approved a Bare License Agreement allowing the Historical Society to raise funds to construct a museum on County property adjacent to the Marco Island Branch Library. Several months ago, the Historical Society approached staff requesting that the agreement be formalized further in an effort to better delineate responsibilities relating to the construction and management of this facility. The County's willingness to place greater specifications in the Agreement will allow the Historical Society to raise capital funds for the project. The terms of this agreement provide for a five-year commitment to set aside the property for a museum with an additional two-year renewal clause. However, if for any reason the Board needs to utilize the property for another use, the agreement provides for a six-month termination clause. The agreement also requires that staff must review all conceptual or architectural renderings since this facility is intended to be County maintained, and given this site may also be utilized for a future library expansion as well. Finally, the Historical Society must provide an annual report to the Public Services Administrator for review. This stipulation was included to ensure that fundraising efforts progress. If the project is successful, the Historical Society will advise the County on issues including recommendations to name the facility (consistent with County policy), and on developing facility policies and displays. The Board has final authority on all matters, however. FISCAL IMPACT: There is no direct fiscal impact at this time. However, should the Historical Society be successful with fundraising, the operation expenses to maintain this facility would be funded from tourist development funds. GROWTH MANAGEMENT: Museums are not a required element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to sign this agreement. pREPARED BY:j~Services Administrato (~' ~? - L.._?'=: / MARCO ISLAND MUSEUM LICENSE AGREEMEN~T THIS AGREEMENT entered into this day of 2003, between the MARCO ISLAND qlSTORICAL SOCIETY INCORPORATED, ("LICENSEE') whose mailing address is 168 Royal Palm Drive, Marco Island, Florida 34145, hereinafter referred to as "M].HS", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "COUNTY" or LICENSOR. THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. Demised Premises COUNTY agrees to license the real property described in Exhibit "A" attached hereto and made a part of this License, herein called the "Licensed Premises", situated in Collier COUNTY, Florida, for the following purpose (s): ARTICLE 2. Term of License MIt-IS is hereby licensed for a term of five (5) years commencing on April 1, 2003 and ending April l, 2008, to use the Licensed Premises only to raise funds and to install non-permanent signs to said property because MIHS plans to raise funds through receipt of donations to fund future construction of a museum on the Licensed Premises. MIHS is hereby granted one option, provided it is not then in default of any of the provisions of this Agreement, to renew this License for one additional term of two (2) years, under the same terms and conditions as provided herein, by delivering written notice of MI/IS' unconditional intention to do so to the COUNTY not less than thirty (30) days prior to the expiration of the License hereby created. Said notice shall be effective upon actual receipt by the COUNTY. The COUNTY stipulates that if it appears that the MIl-IS will be successful in its fundraising efforts as described in ARTICLE 5, the COUNTY will reserve the Premises for the construction of the museum without right to terminate this license. ..... This is a license with no interest coupled hereto. The Board of COUNTY Commissioners reserves the right to terminate this License, with or without cause, upon one hundred eighty (180) days prior written notice actually delivered to MIHS at the mailing address set forth in ARTICLE 7 unless by such time it appears that the MI/IS will successfully raise sufficient funds to construct the museum. Said notice shall be effective upon actual receipt by MIl-IS. ARTICLE 3. COUNTY/MI/IS Relationshivs In recognition that both parties will have made significant contributions, (i.e. the COUNTY will have contributed the land and the MI}tS will have contributed the museum building, parking and landscaping) the following relationships and responsibilities are agreed to by both parties. A. Fundraising: 1. The MI}IS will design and develop the overall museum concept and site plan with the COUNTY providing general oversight including consistency with known future library expansion; and 2. The MIHS will engage in the fund raising efforts in accordance with the provisions of this agreement and will be responsible for the collection and disbursement of all funds raised; and B. Design and construction of the museum: 1. The MI/IS and the COUNTY will conduct the majority of their business through one (1) representative appointed by the County Manager and one (1) representative appointed by the MIHS, both of whom will be empowered to make all but the most significant decisions; and 2. The MIt-IS will develop the design and construction plans with oversight by the COUNTY representative and final approval by the COUNTY; and . ,, '-' 3. The MIHS and the COUNTY representative will maintain a continuing interface during the construction of the museum and its site; and NO · 4. The MIHS will collaborate with the COUNTY representative and obtain COUNTY, MAY- 3 2003 approval for any changes or modification to the approved plans; and Pc3 · _ `97` _ 5.The MIHS agrees to permit the COUNTY to have access to the fundraising and construction account records of the MIHS; and 6.The MIHS will construct the museum and site with the COUNTY assisting by facilitating the implementation of CITY requirements and providing technical guidance to the MIHS. C. Maintenance of the museum: 1. The MIHS agrees to grant the COUNTY clear title to the m, useum building:, and 2. The COUNTY and the MIHS agree to establish a joint Board of four members, two appointed by the County and Two by the MI_HS, which will plan, develop, implement, and maintain the policies, goals and objectives of the museum; and 3. The MIHS, with approval from the County Board, will have the right of naming the building or any of the interior rooms to allow the MIHS to fulfill its commitments to large donors; and 4. A block of approximately forty hours per month will be reserved for the MIl-IS as agreed upon by the joint Board (such reserved use is contemplated to be for the exclusive use by MI~IS or reserved to MIHS for the benefit of (or assignment to) others as determined from time-to-time by MIHS); and 5. The MIl-IS will staff the museum store with occasional staffing support from the COUNTY; and 6. Profits from the museum store will be retained by the MIHS but will be used primarily for funding museum programs, activities, and equipment; and 7. Both parties will participate in the promotion and marketing of the museum; and ARTICLE 4. Commitment by the MIHS A. During the fundraising phase, the MIHS agrees that: 1. The COUNTY Representative or designee shall be have oversight of all conceptual and site and architectural plans relating to the proposed museum and related facilities, if any; and 2.A conceptual plan and implementation strategy for constructing the museum will be completed by the first anniversary date of this License; and 3. The MIHS shall deliver to the Public Services Administrator an annual written update to the Division Administrator of fundraising activities and progress development prior to April 1st of each year; and 4. MIHS shall strictly comply with and any all laws and regulations applicable to fund raising activities and COUNTY will not be responsible in any way for any fundraising activities or reimbursements; and 5.At the end of year five (5) of the fund raising activity, MIHS shall provide a written update to the Board of COUNTY Commissioners: and 6. As fundraising nears completion, the MI3tS shall solicit and select an architect, project manager, and contractor and, with the oversight of the County, shall design and construct the museum building and the site. B. Upon successful completion of the fund raising phase, the MIHS agrees that: 1. COUNTY Representative or designee shall have final approval of all proposed improvements to Licensed premises by or on behalf of MIl-IS; and 2.Any and all improvements must be in accordance with all then applicable local, State and Federal Laws, rules and regulations: and 3. The final design and construction concepts will have considered needs of the Marco Island community; and i Ag"~nd~. I'cem e... 4. The MIHS will construct the museum building and adjacent parking and will landscape the sight in conformance to the needs of the community and the Code; and C. Upon completion of construction of the museum building, the MIHS shall: pg. 1. Grant the COUNTY clear title to the museum building; and 2. Appoint the appropriate number of its personnel to the joint board; and 3. With approval from the County Board, name the building or Specific rooms in accordance with donor privileges; and 4. Establish a pool of volunteers Xo aid the COUNTY in the operation of the museum and the implementation of its programs; and 5. Grant the COUNTY the rights to display and use for other purposes the artifacts owned by the MIHS through established agreements as long as the museum remains in operation; and 6. Operate and maintain a museum store with occasional staffing support from the COUNTY; and 7. Commit the profits from the store operations to funding museum programs, activities, and equipment; and 8. Use its influence with the Sn~thsonian and other museums to acquire short term, long term, and permanent loans of artifacts and other items of interest to the COUNTY to display in the museum; and 9. Provide programs and other activities for the information and education of the public; and I0. Assist in the promotion and marketing of the museum; and 11. Pledge that any building funds remaining, after the building has been transferred to the COUNTY and all bills owed by the MIHS have been paid, will be applied to the construction of displays agreed upon by the joint board. ARTICLE 5. Commitment by COUNTY~ COUNTY shall have no obligations whatsoever except to the extent expressly specified herein. The COUNTY stipulates that the MIHS fundraising effort shall be deemed to be successful if and when the MIHS raises sufficient funds to construct a minimum 2000 square foot museum which meets the Smithsonian standards for museums and which funds are sufficient to include parking that meets COUNTY regulations and landscaping that satisfies the requirements of the community. "Raises" is limited to money actually deposited into the appropriate MIl-IS account and firmly committed for expenditure to construct the museum and parking. A. Upon successful fund raising by the MIHS, the COUNTY, prior to start of construction, shall: 1. Assign a primary point of contact to the MIYIS with the authority to make most major decision on behalf of the COUNTY; and 2. Establish the COUNTY'S earliest start date for the MIHS to be able to start construction; and 3. Provide guidance to the MIHS for the design and construction of the museum to include, but not limited to, contract award, COUNTY, City, and State building codes and regulations, Smithsonian standards for museums, museum theme and content, and contract oversight; and 4. In cooperation with the MIHS initiate efforts to design and develop display galleries; and 5. Review and evaluate MIYIS design and construction plans, recommending changes .as appropriate; and 6. Upon approval of design and construction plans, provide MIHS with written authority to proceed with the construction; and 7. Determine the COUNTY staffing and budget requirements to construct displays and operate and maintain the museum and present the budget requirements to the TDC and the I Agen~a l~:e~_~ ' OARV ov co , ass o Rs. No. B. Upon completion of consiruction of the museum building, the COUNTY shall: I MAY ~] 3 2003 1. Accept ownership of the museum building; and ~ pcJ, /7/ _ 2. Appoint two members to the four member joint board, and 3. Construct the museum displays using COUNTY funds; and 4. With the assistance of the MIHS, obtain the artifacts from the Pepper-Hearst Expedition for short term, long term and permanent display at the museum; and 5. Provide full time staffing and funds for the continuing administration, operation and maintenance of the museum as the budget allows; and 6. Provide continuing construction and maintenance of galleries in concurrence with the MIl-IS; and 7. Staff the museum store in the absence of MIl-IS personnel when able; and 8. Schedule meeting and conference facilities for all organizations in keeping with the reserved time scheduled for the MIHS and others as determined by the joint board; and 9. In cooperation with the MIHS, plan and conduct programs and activities for the education and information of the public; and 10. Promote and market the museum; and 1 I. If funds raised permit, provide for the moving and integration of the Craighead Laboratory functions and equipment into the museum at Marco Island. ARTICLE 6. Indemnity LICENSEE accepts the Licensed Premises "as is." COUNTY does warrant that the Licensed Premises are suitable for any purposes. The COUNTY shall not be liable for any injury to any person(s) or to any property caused by the elements or by other persons at the Licensed Premises, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi-public works, or otherwise. The COUNTY shall not be liable for any damages to or loss, including loss due to theft, of any property, occurring on the Licensed Premises or any part thereof, and MIHS shall hold COUNTY harmless, from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the COUNTY or its employees. LICENSEE shall be responsible for the physical condition of the Licensed Premises and shall promptly notify the Public Services Administrator is any condition should arise or occur to the Licensed Premises that could result in property damage or physical injury to any individual(s) who may be present on the Licensed Premises during the term of this License. ARTICLE 7. Default by MIHS Failure of MI'HS to remedy any non-compliance of this Agreement within sixty (60) days from receipt of COUNTY'S written notice stating the non-compliance shall constitute a default, whereby may, at its absolute discretion, terminate this License by giving MIHS thirty (30) days written notice unless the default is fully cured within that sixty (60) day notice period (or such additional time as is reasonably required to correct such default). However, the occurrence of any of the following events shall constitute a default by MIl-IS, and this License may be immediately terminated by COUNTY except to the extent then prohibited by law: (a) Falsification of MIHS or an agent of MIHS any report required to be furnished to COUNTY pursuant to the terms of this Lease. (b) Filing of insolvency, reorganization, plan or arrangement of bankruptcy. In the event of the occurrence of any of the foregoing defaults in this ARTICLE 5, COUNTY, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all signs from the Licensed Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of MIHS, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. ARTICLE 8. Notices Any notice which COUNTY-or MIHS may be required to give to the other party shall be in NO. writing to the other party at the following addresses: MAY 1 3 2003 MARCO ISLAND HISTORICAL SOCIETY: COUNTY: Bdard of COUNTY Commissioners Marco Island Historical Society Incorporated c/o Real Property Management Dept. c/o Kris Helland, President ~'~ 3301 Tamiami Trail. East 168 Royal Palm Drive Administration Building Marco Island, Florida 34145 Naples, Florida 34112 cc: Office of the COUNTY Attorney (Client Department) ARTICLE 9. _Sunender of Premises; Future Lease of the Licensed Premises to MIH$ MIl-tS shall remove all signs installed by or on behalf of MIHS immediately upon expiration of this License and shall deliver up and surrender to COUNTY possession of the Licensed Premises. ARTICLE 10. General Provisions MIHS expressly agrees for itself, its successor and assigns, to refrain from any and all use of the Licensed Premises which, would interfere with or adversely affect the operation or maintenance of COUNTY'S operations where any such operations share common facilities or otherwise. Rights not specifically granted the MIHS by this License are hereby reserved to the COUNTY. ARTICLE 11. Effective Date_ This License shall become effective upon execution by both COLrNTY and MIHS. ARTICLE 12. Governing Law. This License shall be governed by, and construed in accordance with, the laws of the State of Florida. DATED: LICENSOR': ~ ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Tom Henning, Chairman LICENSEE: Marco Island Historical Society, Incorporated DATED: BY: FIRST WITNESS (signature) Kris Helland, President (print/type name) SECOND WITNESS (signature) (print/type name) Approved as to form and I So. /& legal sufficiency: ' ! 32003 Thomas C. Palmer, Assistant County Attorney EXECUTIVE SUMMARY APPROVE AN AGREEMENT WITH THE TRADEWINDS FOUNDATION TO FUND AN ACCESSIBLE BOATING PROGRAM AT COUNTY PARKS ~: To expand the existing sailing program at Sugden Regional Park and offer services to disabled and disadvantaged persons. Considerations.: The Collier County Sailing Center at Sugden Regional Park is the newest recreational programming initiative of the Parks and Recreation Department. The mission of the Center is to bring the opportunity to learn to sail to those who otherwise might not have the chance. The Center's pilot Youth Learn to Sail program began in September 2002 with participants in the after school program at East Naples Community Park. The program was free to children in the after school program, but participation was conditional upon their good behavior during both sailing and regular after school activities. The program proved extraordinarily motivational for the kids. Based on that success the Youth Learn to Sail program has been expanded to offer affordable Saturday sessions to children in the general public. To date the program has served 60 children. The Tradewinds Foundation, an organization that funds and coordinates accessible boating programs, would like to partner with Parks and Recreation to expand sailing opportunities for the disabled and disadvantaged in Collier County. Under the proposed agreement Tradewinds will furnish boats, equipment, training and maintenance at an approximate total value of $12,000 and will reimburse the County for half the salary and benefits for each instructor, not to exceed $23,000 per instructor per fiscal year. The County will provide the site for the program and program instructors will be County employees. The term of the agreement is three years. An existing one-half FTE position will be assigned to the program. Because the program requires a full FTE to serve existing revenue sources and new grant funding, staff recommends adding one-half FTE to be reimbursed by Tradewinds. The resulting full FTE will allow the program to serve up to 40 children per month during the school year and over 100 children per month during the summer as well as 40 disabled persons of all ages each month. ~: Anticipated revenue associated with the program between now and the end of the fiscal year is $15,000 in user fees and $9500 in reimbursements from Tradewinds. Associated expenses include $19,000 in personnel costs and $1000 in operating expenses. The anticipated excess revenue from this program will increase the MSTD General Fund (111) reserves by $14,000. HAY 1 2003 Pg- , -- Growth Mana.qement Iml3act_: No Growth Management Impact is associated with this action. Recommendation,: That the Board of County Commissioners authorize the Chairman to sign the attached Agreement with the Tradewinds Foundation; authorize the increase of a part-time to full-time position utilizing the funds from the Foundation grant; and, approve the necessary budget amendment. Submitted by: Date: Amanda O. Townsend, Operations Coordinator Parks and P, ecrcation Department Reviewed by: Date: Marla O. Ramscy, Director Par~s and Recreation Department Approved by: LIi"~~'`-'~ Date: ~/q/~ .lo~n Dunnuck, ^dministrator ~)tvision of Public Services THIS AGREEMENT is made and entered into this day of ., 2003, by the COLLIER COUNTY BOARD OF COUNTY CO-'-~SSIONERS, a political subdivision of the State of Florida (County) and the TRADEWINDS FOUNDATION, INC., a New York nonprofit corporation (Foundation), to form a partnership for the provision of accessible boating activities to Collier County residents. WITNESS.: WHEREAS the County owns properties and facilities appropriate for conducting recreational boating activities; and, WHEREAS the County has established a recreational sailing program at Sugden Regional Park; and, ~,~-IEREAS the County has an established therapeutic recreation program for children with disabilities; and, WHEREAS the Foundation wishes to establish itself as the accessible boating provider throughout Collier County, NOW THEREFORE, in consideration of these premises, the County and the Foundation hereby agree and resolve as follows: Section 1. Partnership. 1.1 It is hereby agreed that the County and the Foundation will develop, implement, and share the cost of boating programs to serve the special needs residents of Collier County, beginning with a sailing program at Sugden Regional Park. Section 2. Instructors and Training. 2.1 The Foundation will reimburse the County biannually for half the salary and benefits for each instructor, not to exceed $23,000 per instructor per fiscal year. The instructors will be County employees paid by the County. 2.2 The Foundation will either provide training or reimburse the County for half the cost of all training and certification on the following topics: Disability Awareness, US Sailing, and Working with Volunteers. Training and certification reimbursement is not to exceed $500 per instructor per fiscal year. Section 3. Boats and Equipmen!. 3.1 The Foundation will provide the following boats and equipment: a. Two (2) 2.3 wide access dinghies b. One (1) 2.3 wide access dinghy with electronics c. One (1) West Marine inflatable safety boat with 5 hp Mercury outboard motor d. One (1) 24-foot boat trailer withrack lI' ~lee~da ~It*4~s-,- - e. One (1) laser dolly NO. fie f. One (1) lifting harness g. One (1) Hoyer lift M~Y h. Seven (7) standard orange personal floatation devices with whistles pg. '---_'~' pa~e 1 of 3 i. Two (2) ski vest type personal floatation devices with whistles j. One (1) first aid kit k. One (1) toolbox with miscellaneous tools !. Two (2) two-way radios. m. Miscellaneous supplies to include: bailers, racing marks, mushroom anchors, bull horn, spare parts 3.2 Sailboats will be titled to the Foundation. Motorized boats will be titled to the County. Any boat purchased by the Foundation may be used at other sites. 3.4 Boats and equipment will be maintained by the instructors. Maintenance and repair costs over $100 will be funded by the Foundation. Maintenance and repair costs must receive advance approval. 3.3 The Foundation will fund additional boats and equipment contingent upon approval prior to purchase. Additional boats and equipment will be subject to all provisions of this Agreement. Section 4. Sites and Programs. 4.1 The County will provide sites and facilities for accessible boating programs. The initial program will be held at the floating dock at Sugden Regional Park. 4.2 The County will provide a mount for the Hoyer lift at the floating dock at Sugden Regional Park. Section 5. Insurance. 5.1 The County will maintain general liability and workers' compensation insurance of no less than $1,000,000 per occurrence. 5.2 The Foundation will provide US Sailing general liability insurance of no less than $I,000,000 per occurrence to cover all sailing activities. Section 6. Promotion, Recruitment, and Volunteers. 6.1 The County and the Foundation will jointly endeavor to market and promote the program. 6.2 The County and the Foundation will jointly endeavor to recruit program participants. 6.3 Volunteers may be recruited by either entity. Each volunteer must attend a volunteer orientation and training prior to handling any participant, unless that volunteer is a parent ora child who is participating in the program and that parent is assisting in the transferring of the child. 6.4 The Tradewinds Foundation name and/or logo will appear on the boat and sail of each boat purchased by the Foundation. 6.5 The Tradewinds Foundation name and/or logo and the Collier County Parks and Recreation name and/or logo will appear in all promotional materials related to the program. Section 7. Terms. 7.1 This partnership is nonexclusive. Each party reserves the right to enter into any similar agreement with any third party at any time. 7.2 The term of this Agreement shall be three (3) years from the date of execution. 7.3 This Agreement will be reviewed annually on the anniversary of its execution to assure each party's satisfaction and the contemplation of'necessary amendments. 7.4 This Agreement may be amended at any time by mutual agreement of both parties in writing, l Ag'end9 I temr~. 7.5 This Agreement can be terminated by either party giving the other party written No..J6~/'79_ ~ notice ninety (90) days prior to date of termination. MAY ] 3 2003 pg. /'/~ pa~e 2 of 3 .' IN WITNESS WHEREOF, the parties have set their hands and seals this ~, 7'.. day of Board of County Commissioners Attest: Dwight E. Brock, Clerk Collier County, Florida By: Deputy Clerk Tom Henning, Chairman Tradewinds Foundation, Inc. c '~, ----~ I)a,~d Ab[dove, President Witness Witness Approved as to form and legal sufficiency: Assistant County Attorney oaoe 3 of 3 EXECUTIVE SUMMARY APPROVAL OF A BUILDING NAMING POLICY WHICH WOULD ALLOW FOR THE SPECIAL NAMING AND DEDICATION OF COUNTY-OWNED BUILDINGS, STRIJCTURES AND/OR OTHER FACILITIES. c~I~JECTI'qE: To have the Board of Cou~_ty Commissioners approve and adopt a ~,,,o,~ ...... 7 · · tor the special naming and dedication of building naming pohcy which would allow Collier County-owned buildings, structures and/or other County-owned facilities. CONSIDERATIONs: Collier County Government is responsible for the building and ~:.quiring of government facilities ranging from public libraries to main government administration buildings. As part of this effort, occasions occur where special groups and County staff request a building or facility be named and or dedicated to honor a natural person or persons. In an effort to facilitate this process, and to ensure consistency, staff is recommending that the attached building naming policy be adopted. County-owned buildings, structures, and or facilities shall be named based upon several criteria including; naming based upon the functions(s) the facility performs or the services provided to the public from the facility; naming a County-owned building, structure, or facility to honor a natural person or person(s) living or dead; or naming based upon the specific and/or planned geographic location of the facility. This policy will help to facilitate and provide clear direction to staff when naming and/or dedicating County-owned buildings, structures and facilities. Each recommendation will require a formal application presented to the County Manager who in turn refers the application or recommendation to the Constitutional Officer occupying the building, the County Division Administrator(s) under the facility's jurisdiction, or to each County- Affiliated Historical Agency or Group if the facility has historical significance. FISCAL IMPACT:.. Any plaque or other memorial or notation to be placed on or at the ~3ounty-owned facility must be approved by the County and must be supplied and be paid for in full by others and at no cost to the County unless the Board decides in the specific case that it is appropriate and is in the public's interest for the County to contribute money and/or in kind contributions toward any such plaque, memorial or notation. GROWTH MANAGEMENT IMPACT.:. There is no impact on the Collier County Growth Management Plan. RECOMMENDATION:. That the Board of Collier County Commissioners approve ~md adopt the attached Building Naming Policy for dedications and naming of Collier County-owned buildings, structures or other County-owned facilities. Executive Summary Page 2 of 2 ~__j~'~~~ Date:_ SUBMITTED BY: '~aniel ~. Rodrigue~e~Director Facilities Management Department APPROVED BY: ~ Administrator Administrative Services Division COLLIER COUNTY~ FLORIDA POLICY FOR NAMING C(~UNTY-OWNED BUILDING STRUCTURE OR FACILITY I. Namin of Count -Owned Buitdin Structure or Facilitv. The following is the policy of the County Manager of Collier County, Florida, regarding naming Collier County-owned buildings, structures, or other County-owned facilities. Each County-owned building, structure, or facility, or integral part therein, e.g., chapel in a hospital, hereinafter "facility," shall be named based upon the function(s) the facility performs, or the services provided to the public from the facility. The specific location of the facility can, of course, be included in the name; for example, an adjacent right-of-way, body of water, or any other prominent landmark. Examples: Collier County Courthouse, Central Avenue Library, Sheriff's Annex, Tarpon Lake Park, South Pass, or Pine Ridge Road Library. II. Naming of County-Owned Building, Structure or Facility to Honor a Natural Person: "Natural person" means actual human being(s). The Board of County Commissioners ("Board") may name a County-owned facility to honor a natural person or persons, living or deceased. Examples could be "The John Jones County Courthouse," "The Bill Smith County Library," "The Mary White and Bill White Sheriff's Annex," "The Joe Green Museum," "The Jim Gallagher Pass" or "The Dan Marino Athletic Field" (provided the Athletic Facility is based upon a Substantial Financial Contribution). A. Naming A County-Owned Structure To Honor A Natural Person Based upo_n Actions and not based upon Substantial Financial Contribution s~. 1. The natural person(s) must have, by his or her local actions (other than Substantial Financial Contribution), specifically and directly benefited Collier County, and, preferably, the specific facility, or at least the geographic area where the facility exists (or is planned to exist). (a). Fields of Endeavor. If the public achievements of the sponsored, local natural person(s) are primarily in a specific field of endeavor, that field of endeavor should have a direct and significant logical relationship to the facility. As examples: A medical facilit should be named to honor a local physician, a local nurse, or other local practitioner in the field of medicine. A sports facility should be named in honor a local natural person associated with athletics. A nautical facility should be named to honor a local natural person associated with nautical matters. A courthouse should be named to honor a local judge, local lawyer, or a natural - person directly associated with loca! administration of justice or local laTM enforcement. (b). "Specific~ Direct~ Local Benefit." The natural person whose name the facility is proposed to honor must have performed significant, direct local benefit to the facility or at least with regard to the site of the facility (land or water). "Significant, direct, local benefit" does not include acts by a person who has benefited Florida generally (or has generally benefited the United States) and has not rendered direct, significant local, beneficial acts to benefit Collier County, the specific facility, or at least the general geographic area of the facility. (c). Sponsorship. Each recommendation to have a County-owned structure named to honor a natural person based upon that person's local, beneficial acts (other than a Substantial Financial Contribution) may be proposed to the County Manager by any individual, any corporation, any organization or group, but only by using the attached form. (d). Application Procedure. Each application to recommend naming a County- owned facility in honor of a natural person based upon that person's local acts (not based upon a Substantial Financial Contribution) must be submitted to the County Manager by use of the attached form. Each such sponsored application, when complete, must contain the names, addresses and signatures of not less than 1,000 natural persons who reside, at least part-time, in Collier County and who agree with the recommendations of the Sponsor as stated on the form. The Sponsor's written reasons must include a brief biographical sketch as regards the proposed natural person(s) and a listing of the significant local beneficial acts performed by the local natural person, and upon which acts the Sponsor believes it is appropriate that the Board name the facility. B. Naming A County-Owned Structure To Honor A Natural Person Based upon Substantial Financial Contribution(s). 1. Notwithstanding any other provision of this policy, except the referral provisions listed i~elow, a County-owned facility can be named in honor of a natural person(s) provided substantial sums of money or other substantial, valuable assets (such as land related to the facility or land situate elsewhere), are contributed to Collier County by, or on behalf of, such natural person(s), living or deceased, to assist Collier County, directly or indirectly, in acquiring title to the underlying land, to the facility, or to some specific, identifiable part of the facility (e.g., "The John Jones Wing of the Collier County Hospital"); provided, however, that such person has not engaged in illegal, immoral, or otherwise improper conduct. No such natural person need be a local person. 2. If a facility is named and it is thereafter discovered that the natural person unbeknownst to the County, had engaged in illegal, immoral, or otherwise improper conduct, .... that brings discredit upon the County, the County may in its unbridled discretion rename the facility. If a facility is named after a then living natural person and that person thereafter engages in illegal, immoral, or otherwise improper conduct, that brings discredit upon the County, the County in its unbridled discretion, may rename the facility. This discretion to rename is and shall be subject to any then existing and enforceable provision in a written agreement to which the County is then a party and wherein the County contracted away this unbridled discretion to rename the facility. C. Referrals by the County Manager. 1. If the County Manager determines that the standard form application is complete and has merit (or that the facility may appropriately be named in honor of a Substantial Financial Contributor, which does not require use of the standard form or any signatures, the County Manager shall refer the complete application, or the recommendation to name the facility to honor a Substantial Financial Contributor, for review comments and suggestions, as follows: · A. To the Constitutional Officer if the facility is or will be occupied by, or is or will be under the jurisdiction of, that Constitutional Officer; or to the County Division Administrator(s) if the facility is or will be occupied by, or is or will be under the jurisdiction of, the Division Administrator(s), to give each such Officer or Administrator ample'opportunity to provide his or her written comments regarding the application or recommendation, including opinions why the application or recommendation is or is not appropriate. B. If the facility has historical significance, to each County-Affiliated Historical Agency or Group. 2. The County Manager may also request input from groups that, or individuals who, the County Manager believes are closely associated with the respective facility. 3. Following the above-mentioned referrals, the County Manager, with or without his (or her) recommendation for approval, may place the item on the Board's agenda for a decision on the merits by the Board. D. Financial or In-kind Contributions bv the County. In all instances, any plaque or other memorial or notation to be placed on or at the County-owned facility must be approved by the County, and must be supplied and be paid for in full by others and at no cost to the County unless the Board decides in the specific case that it is appropriate and is in the public interest for the County to contribute money and/or in-kind contributions toward any such plaque, memorial or notation. III. Duration and Effect of this Policy. This policy was adopted on the ~ day of , 2003. This policy shall continue until amended or repealed by the County Manager. Jim Mudd, County Manager Form Attachment:Application4;'-~- '~i(~ [ · - REQUEST TO NAME COLLIER COUNTY - OWNED FACILITY TO: County Manger, County of Collier, Florida. Sponsor's name, address & telephone: The facility is described as The address of the facility is We request that this facility be named For the following reasons, it is proper to name this facility as requested: (10/page): We, the undersigned residents of Collier County, agree with the above-stated reasons: PRINT OR WRITE LEGIBLY Name, address & signature: Name, address & signature: Name, address & signature: Name, address & signature: Name~ address & signature: Name, address & signature: Name, address & signature: Name, address & signature: Name, address & signature: Name, address & signature: [For Official Use Only: Date this form was received by the County Manger's Office: . _-' ~,' Page Number: of pages. EXECUTIVE SUMMARY OBTAIN BOARD APPROVAL TO AWARD BID NO. 03-3408 ,,HERBICIDES/PESTICIDES/FUNGICIDES" TO MULTIPLE VENDORS. OBJECTIVE: To obtain chemicals and chemical spray additives in a cost effective manner in assisting a variety of County departments in the performance of their jobs. CONSIDERATION: Various types of chemicals and chemical spray additives are needed for various County departments, including: Alternate Transportation Modes, Land Maintenance, Parks and Recreation Department, Transportation, Road Maintenance, and Pelican Bay Services Division. In order to obtain the most competitive pricing, the individual requirements for each department were combined into one County-wide solicitation. Furthermore, this bid was solicited under a cooperative purchasing agreement between Collier County, the City of Punta Gorda, the City of Northport and Lee County further ensuring the most competitive pricing possible for utilization by all the entities referenced herein. On February 11, 2003 Bid 03-3408 was publicly advertised. Notices were sent to forty- nine (49) firms with twelve (12) firms requesting full packages. Eight (8) responses were received by the due date of March 7, 2003. Staff is recommending award on a line-by-line basis to the lowest responsive bidder(s) for each item. The bid tabulation sheets are attached for your reference. The recommended vendors are (in no order): LESCO Diamond R Fertilizer Future Horizons, Inc. UAP Timberland Southeastern Turf Grass & Supply Agro Distrbution LLC Carso, Inc. Helena Chemical FISCAL IMPACT: Funds are appropriated in the individual operating budgets of the using agencies. GROWTH MANAGEMENT PLAN: There is no Growth Management impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners award Bid No. 03- 3408 for "Herbicides/Pesticides/Fungicides to the firms as referenced herein. ~ '~c~h~ Date: ~//'"71/D'~ SUBMITTED BY: ~ Albury, Pur t MAY 13 2003 P~._/ Steve C~rnell ¢ Purchasing/General Svcs Director APPROVED BY: /'~"~ ~- Date: -~kip'Camp Interim Administrator Administrative Services Division AG£t4DA I MAY 1 3 2003 MAY 1 3 2003 p~.~. EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID NO. 03-3495, CONCRETE/PAVEMENT CONTRACTOR. (ESTMATED VALUE $50,000.00) OBJECTIVE: To award a Contract for concrete/pavement contractors to be used for the repair, maintenance and new installation of concrete pads, driveways and slabs. CONSIDERATION,: The Department of Facilities Management is responsible for the maintenance and repair of concrete structures, sidewalks, slabs, and driveways. Outside contractors are used by Facilities and other Department to provide competitive and timely work associated with concrete repairs and new installations. On March 10, 2003, formal bid invitations were posted in the lobby of the Purchasing Building and distributed to 63 fmas who provide these services. On April 2, 2003, bids from five (5) firms were opened. A bid tabulation sheet is attached for review. Staff has reviewed the bids and recommends award to BQ Concrete, Cougar Contracting Specialties, Inc., Timo Brothers, Inc., and Neubert Construction Service. Projects amounting over $2500.00 will be quoted thru vendors on award. Through multiple awards, Departments are assured to receive competitive quotes as well as timely service. Any project(s) that exceed $25,000 will be brought back to the Board for approval. FISCAL IMPACT: Concrete repair and maintenance expenses average $50,000 annually. Funds are budgeted in various Departments operating and capital cost centers. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award Bid No. 03-3495 for Concrete/Pavement Contractors to BQ Concrete, Cougar Contracting Specialties, Timo Brothers Inc. and N eubert Construction Serv~~ SUBMITTED BY: ~ ~ Date: ~7/,-t/~., .~,O..~' ~co~LD~,Johnson, Purchasing Agen~, ~"'an~e-I ~,. Rodriguez,~_efi~irector Facilities Manage~nt Department REVIEWED BY: ~C~ :, ~¥~'~ Date: ~('6 (~--.~ Steph~n~Y.'Carn~l~, Director Purchasing/General Services -.S~ pl~C~p, Interim' Admifiistrator Administrative Services Division No. g~ 4A¥ 1 3 2003 EXECUTIVE SUMMARY APPROVAL OF A LEASE AGREEMENT WITH CONGRESSMAN MARLO DIAZ- BALART FOR USE OF COUNTY-OWNED OFFICE SPACE FOR TWO YEARS AT A TOTAL REVENUE OF $20.00. ~: ApProve a Lease Agreement with Congressman Marlo Diaz-Balart for office space at the Golden Gate City Government Satellite Office Building. CONSIDERATIONS: In order to have a local presence in the community, Congressman Marlo Diaz-Balart is requesting to lease approximately 182 square feet of office space along with non- exclusive use of an adjoining conference room within the Golden Gate Government Satellite Office Building located at 4715 Golden Gate Parkway. The two-year Lease term runs from November 5, 2002, to November 4, 2004. The Lease contains a two-year renewal period pending the Congressman's re-election. The rent during the initial and renewal Lease periods is $10 annually. The County is responsible for all utilities and janitorial service. Congressman Diaz-Balart is responsible for long distance telephone charges. As required by Florida Statute 125.38, a Resolution is attached declaring that the office space is not required for County use and, therefore, available for lease to Congressman Diaz-Balart. FISCAL IMPACT: The annual rental fee of $10 will be paid in full for the two years, in advance, and shall be deposited into the General Fund (001). GROWTH MANAGEMENT IMPACT: There in no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Congressman Marlo Diaz-Balart and authorize its Chairman to execute the attached Lease Agreement and Resolution. -/~ ' DATE: PREPARED BY: c.l~iichaeI H. Dowling, Prol~e~ Manfigement Specialist Chics E. Carrington, J~'., SR/~, Manager REVIEWED BY: DATE: Daniel R. Rodrtg~e~nt t~m Director Facilities Manage Department (Sk'~a~l~, I~terim 3/.tfministrator Administrative Services Division 1 3 2003 Lease LEASE AGREEMENT THIS LEASE AGREEMENT entered into this ~ day of 2003, between Congressman Marlo Diaz-Balart, whose mailing address is 4715 Golden G,~te Parkway, Naples, Florida 34116. hereinafter referred to as "LESSEE", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR". W1TNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property located at the Golden Gate Community Center, 4715 Golden Gate Parkway, Suite 1, Naples, Florida 34116, hereinafter referred to as the "Demised Premises", situated in the County of Collier and the State of Florida, for the sole purpose of operating a United States government office. Absent reservation of exclusive use for specified temporary periods of time, LESSEE shall be granted non-exclusive use of the Conference Room at die subject property. Tile Conference Room shall be generally shared by the other occupants of the building and for other County-related business. However it is understood that, from time-to-dine, LESSEE will require exclusive use of this Conference Room. Exclusive temporary use of this Conference Room by LESSEE will be granted by in advance scheduling of such exclusive use through an authorized County employee at the subject property. Absent an emergency in the specific instance, such request for exclusive use should be requested at least one day in advance. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years, commencing on November 5, 2002 and ending November 4, 2004. LESSEE is granted the option, provided LESSEE is re-elected to the same office and is not in default of any of the terms of this Lease, to renew same for one (1) additional term of two (2) years, under the same terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than fifteen (30) days following tile election in 2004. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. Any holding over the expiration of the terms of this Agreement with the consent of LESSOR shall be construed to be tenancy from month-to-month under the terms and conditions as provided herein, until -such time as a new Lease Agreement can diligently be processed by LESSOR for the new term. LESSOR reserves the right to terminate this Lease, with or without cause, by providing LESSEE with thirty (30) days written notice to the address set forth in Article 14 of this Lease. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Ten Dollars and 00/100 Cents ($10.00) per annum. The rent for the initial Lease term shall be paid in full thirty (30) days following the execution of this Lease by LESSOR. In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent stated above shall remain the same for the ensuing renewal term and shall be paid in full for the renewal term thereof and shall be paid within thirty (30) days for the commencement of the renewal term. ARTICLE 4. Other Expenses and Charges LESSOR shall pay all costs associated with the Demised Premises including, but not limited to, janitorial services and any and utility charges, except for local and long distance telephone charges, which shall be paid by the LESSEE. Utility charges shall include, but shall not be limited to, electricity, light, heat, air conditioning, power, water, and sewer services used, rendered or supplied thereupon or in AG£~ ,,J~ connection with the Demised Premises. NO./(a-/~, r-/- HAY 1 3 2003 P~I. ~ ARTICLE 5. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplaled starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, lhen such silence shall be deemed as a denial to such request to LESSEE. LESSEE covenants and agrees in connection wilh any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs. LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which ,,,,'ere placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 6. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing services therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 7. Assigmnent and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR. ARTICLE 8. Indemnity and Insurance The LESSEE is covered by protection of the Federal Tort Claim Act. ARTICLE 11. Maintenance LESSEE shall keep the Demised Premises clean at all times. ARTICLE 12. Default by LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may, at its option, terminate this Lease after providing written notice to LESSEE, as specified in Article 2 of this Lease, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 13. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. MAY 1 3 2003 pg. ~ ARTICLE 14, Notices. Any notice which LESSOR or LESSEE may be required to give to thc other party shall bc in writing to the other party at tile following addresses: LESSOR: LESSEE: Board of County Commi'ssioners Congressman Marlo Diaz-Balart c/o Real Property Mgmt. Dept. 4715 Golden Gate Parkway 3301 East Tamiami Trail Naples, Florida 34112 Administration Building Naples, Florida 34112 cc:. Office of tile County Attorney Facilities Management Department Director ARTICLE 15. Surrender of Premises LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises at the termination of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 16. General Provisions LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 17. Environmental Concerns. LESSEE represents, warrants and agrees to indemnit'y, reimburse, defend and hold harmless LESSOR, from and against all costs (including attorneys fees) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment. · ARTICLE 18. Radon Gas. In compliance with Section 404.056, Florida Statutes; all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon 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 Department. ARTICLE 19. Extent of Liens All persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. ARTICLE 20. Effectiv_ e Date ARTICLE 21. Governing Law This Lease shall be governed and construed in acc°rdance with the laws °f the State °f Fl°rida' , IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: AT~EST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: , Deputy Clerk TOM HENNING, Chairman AS TO LESSEE: DATED: BY: WITNESS (signature) CONGRESSMAN MARIO DIAZ-BALART (print name) Address: WITNESS (signature) (print name) Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney A GE./t.[~A ITE~' MAY ; RESOLUTION No. 2003 - _ RESOLUTION OF TilE BOARD OF COUNTY COMMISSIONERS, 5 COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT 6 BETWEEN COLLIER COUNTY AND CONGRESSMAN MARLO DIAZ- 7 BALART FOR USE OF OFFICE SPACE WITIIIN A COUNTY-OWNED $ BUILDING. 9 10 I WHEREAS, Congressman Marlo Diaz-Balart ("Congressman") desires to lease an office 12 space within a building owned by Collier County, a political subdivision of the State of Florida 13 ("Collier County"), located at 4715 Golden Gate Parkway, Suite 1, Naples, Florida. 14 15 WHEREAS, the Lease Agreement provides for an initial two (2) year term with one (1) 16 renewal term of two (2) years, with an annual rent of $10 for each year throughout the life of the 17 Lease. 18 19 WHEREAS, the Board of County Commissioners is satisfied that this property may be 20 used for the Congressman and is not needed for County purposes. 2l 22 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 23 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 24 25 1. The Board of County Commissioners does approve the attached Lease Agreement 26 between Collier County and Congressman Mario Diaz-Balart. 2'7 28 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is 29 hereby authorized to execute the attached Lease Agreement. 30 z This Resolution adopted this _~ day of , 2003 33 after motion, second and majority vote. 34 35 36 ATTEST: 37 DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 38 39 . BY~ 4O BY' 41 , Deputy Clerk TOM HENNING, Chairman 42 43 44 45 46 47 Approved as to forr~n~ legal sufficiency: 49 50 Thomas C. Palme 51 Assistant County Attorney EXECUTIVE SUMMARY APPROVAL OF A LEASE AGREEMENT WITH STATE REPRESENTATIVE DUDLEY GOODLETTE FOR THE CONTINUED USE OF HIS OFFICE SPACE FOR TWO YEARS AT A TOTAL REVENUE OF $20.00. OBJECTIVE: Approve a Lease Agreement with State Representative Dudley Goodlette for office space on the second floor of the W. Harmon Turner Building. CONSIDERATIONS: Collier County has leased office space to State Representative Dudley Goodlette since 1999. The most recent Lease has expired and Representative Goodlette is requesting to enter into a new Lease with the expiration date corresponding with the end of his current term, November 2, 2004. The lease provides for a two-year renewal pending Representative Dudley's re-election. The rent is $10 annually. The County is responsible for all utilities and janitorial service. Representative Goodlette is responsible for long distance telephone charges. As required by Florida Statute 125.38, a Resolution is attached declaring that the office space is not required for County use and, therefore, available for lease to Representative Goodlette. FISCAL IMPACT: The annual rental fee of S10 will be paid in full for the two years, in advance, and shall be deposited into the General Fund (001). GROWTH MANAGEMENT IMPACT: There in no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Representative Goodlette and authorize its Chairman to execute the attached Lease and Resolution. PREPARED BY: ~ ,_.~--~-- ~ J ,~. ~ DATE: Michael H. Dowling, anagement Specialist ~ .~? E~tate ~vices Dep:lrt~ ~lt~'les E. C~r~ngton~ J'r., S~A, Manager ~'~tate S~v~es D~p tr.~ent i)"'~i;l~R. Roc~igu-e~~m Director Facilities Manal~'fnent Department DATE: APPROVED BY: ~~ator Administrative Services Division 132003 I I Lease # 849 LEASE AGREEMENT TillS LEASE AGREEMENT entered into this __ day of __, 2003, between Representative Dudley Goodlette, whose mailing address is 4001 North Tamiami Trail, Naples. Florida 34103, hereinafter referred to as "LESSEE", and COLLIER COUNIY, a political subdivision of the State of Florida. whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR". WIINESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property located at the Collier County, Government Center. Administration Building, Second Floor, 3301 East Tamiami Trail. Naples, Florida 34t 12. as shown in Exhibit "A" which is attached hereto and made a part of this Lease. hereinafter called the "Demised Premises". situated in the County of Collier and the State of Florida, for the sole purpose of operating a State of Florida government office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises For a term of two (2})'ears. commencing on November 5. 2002, and ending November 4. 2004. LESSEE is granted the option, provided LESSEE is re-elected to the same ofrice and is not in default of any of the terms of this Lease. to renew same for one { 1 ) additional term of mo (2/years. under the same terms and conditions as provided herein, by giving X~Tmen notice of LESSEE'S intention to do so to the LESSOR immediately following the election for that reelection term and not less than fifteen (15) days following tl~e election. Sid notice shall be effective upon placement of the notice in an official depositoO' of the United States Post Office, Registered or Certified Mail. Postage Prepaid. Any holding over the expiration of the terms of this Agreement with the consent of LESSOR shall be construed to be tenancy from month-to-month under the terms and conditions as provided herein, until such time as a new Lease Agreement can diligently be processed by LESSOR for the ne'.~ term. LESSOR reserxes the right Io terminate this Lease, with or without cause, by providing LESSEE with thin3' (30) days wrmen notice to the address set forth in Article t4 of this Lease. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Ten Dollars {$10.00) per annum. The annual rent shall be paid in full thirty (30) days following the execution of this Lease by LESSOR. In the event LESSEE elects to renev.' this Lease, as provided for in ARTICLE 2, the rent set forth shall remain the same for the ensuing renewal term and be due fifteen (15) days following the commencement of the renewal term. ARTICLE 4. Other Expenses and Charges LESSOR shall pay all costs for electricity, air conditioning, water, sewer and janitorial services used, rendered or supplied to the Demised Premises. lhe LESSEE shall be responsible for costs associated with all long distance telephone charges. LESSEE shall be billed by LESSOR for long distance telephone service on a monthly basis. LESSEE covenants to pay LESSOR for said service within thirty (30) days of receipt of invoice, in lawful money of the United States of America, at the address of LESSOR set forth in this Lease or at such other place as LESSOR may designate. MAY 1 3 ?fl03l 1 ARTICLE 5. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises. LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S gTitten approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a denial to such request to LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection. construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws. ordinances, rules, regulations, and requirements of the United States of America, State of Florida, Count>, of Collier, and any and all governmental agencies. All alterations, improvements and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renex~al term thereof, or within thirty (30) days thereafter, if LESSOR so directs. LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in. on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal: and in default thereof. LESSOR ma5' complete said removals and repairs at LESSEE'S expense. LESSEE coxenants and agrees not to use, occupy, suffer or pernnt said Demised Premises or an,,,' part thereof to be used or occupied for an.',' purpose contraD' to law or the rules or regulations of any public authority. AR-I ICLE 6. Access to Demised Prennses LESSOR. its duly authorized agents, representanves and employees, shall have the right after reasonable notice to LESSEE. to enter into and upon the Demised Premises or an,'.' part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing services therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. AR I'ICLE 7. Assignment and Sublettin~ EESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises. or to permit any other persons to occupy same x~ithout the written consent of LESSOR. ARTICLE 8. Indemnity LESSEE. in consideration of Ten Dollars ($10.00), th~ receipt and sufficiency of which is hereby acknowledged, shall indemnig', defend and hold harmless LESSOR, its agents and employees from and against any and all liability IstatutoD' or olherwise), damages, claims, suits, demands, judgments, costs. interest and expenses (including. but not limited to, attorneys' fees and disbursements both at trail and appellate levels} arising, directly or indirectly, from any inju~ to, or death of, any person or persons or damage to property (including loss of use thereof) related to (Al LESSEE'S use of the Demised Premises. (B) any work or thing whatsoever done. or any conditions created (other than by LESSOR, its employees. agents or contractors) by or on behalf of LESSEE in or about the Demised Premises. (C) any conditions of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease. or (D} any act. omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensee or invitees. In case any action or proceeding is brought against LESSOR by reasons of any one or more thereof, LESSEE shall pay all costs, attorneys' fees. expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. The LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Demised Premises, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi-public works. The LESSOR shall not be liable for any damages to or loss of. including loss due to pet~, theft, No. any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the NAY 13 2003 LESSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the LESSOR or its employees. ARTICLE 9. Insurance LESSEE shall provide and maintain general liability and property liability insurance policy(ies) pursuant to the provision of the Florida Insurance Risk Management Trust Fund and pursuant to the provisions of Section 768.28. Florida Statutes. during the term of this Agreement. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No/100 Cents ($100,000.00) each accident. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples. Florida. 34112, for approval prior to the commencement of this Lease Agreement: and shall include a provision requiring thirty (30) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. The LESSEE acknowledges and agrees that no changes or cancellations to the insurance coverage will occur without thirty (30) days prior ~q'itten notice to LESSOR. LESSEE shall ensure that LESSEE'S insurance provider will be responsible for notifying the Lessor directly of any changes related to insurance coverage. LESSEE shall also ensure that the insurance coverage provided in accordance with this agreement shall require that the company or companies writing such insurance policy(les) shall provide to LESSOR v, Titten notice of cancellation thirty (30) days prior to lhe proposed cancellation. LESSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in xvriting to LESSEE, whereupon receipt of such nolice LESSEE shall have thirty (30) days in which 1o obtain such additional insurance. ART1CLE 10. Maintenance LESSEE shall keep the Demised Premises clean at all tunes. ARTICLE 1 I. Default b,; LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default and LESSOR may. at its potion, terminate this Lease after providing written notice to LESSEE. as specified in Article 2 of this Lease, unless the default be cured within the notice period {or such additional time as is reasonably required to correct such default). ARTICLE 12. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty {30) days (or such additional time as ~s reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice v,'hich LESSOR or LESSEE may be required to give to the other party, shall be in v,q-iting to the other party at the following addresses: LESSOR: LESSEE: Board of County Commissioners Representative Dudley Goodlette c/o Real Property Mgmt. Dept. 4001 North Tamiami Trail. Suite 203 3301 East Tamiami Trail Naples. Florida 34103 Administration Building Naples, Florida 34112 cc: Office of the County Attorney Facilities Management Department Director ARTICLE 14. Surrender of Premises LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises at the termination of this Lease. or its earlier termination as herein provided, broom clean and in as good ~' condition and repair as the same shall be at the commencement of the term of' this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by No fire or the elements beyond LESSEE'S control excepted. I 3 ARTICLE 15. General Provisions LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease. of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 16. Environmental Concerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR· from and against all costs (including attorneys fees) asserled against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state. local or common law relating to pollution or protection of the environment. ARTICLE 17. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that. x~hen it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional reformation regarding radon and radon testing may be obtained from your County Public tlealth Department. ARTICLE 18. Extent of Liens All persons to whom these presents may come are put upon notice of the fact lhat the interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE. and liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is g~ven pursuant to the provisions of and in compliance xvith Section 713.10. Florida Statutes. ARTICLE 19. Elfective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 20. Governing Law This Lease shall be governed and construed in accordance with the laws of the Stale of Florida. IN WI'l-NESS WHEREOF. the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Clerk COLLIER COUNTY. FLORIDA BY: · Depu~' Clerk TOM HENNING. Chairman 1 3 2003 I AS TO LESSEE: j .... DATED: ~ /'2~ ~.~'~ ESS (signature) REPRESENTATIVE DUDLEY GOODLETTE ~print name) WITNE~SS (~i~tu~e) (pnnt na~e) Approved as to forrle~andtglegal sufficiency: Assistant County Attorney MAY 1 3 20{}3 pg. ~z~ l 0 [] ~ RESOLUTION No. 2003 - 4 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, 5 COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT 6 BETWEEN COLLIER COUNTY AND STATE REPRESENTATIVE 7 DUDLEY GOODLETTE FOR USE OF OFFICE SPACE WITHIN A $ COUNTY-OWNED BUILDING. 9 l0 ~1 WHEKEAS, State Representative Dudley Goodlette ("Representative") desires to lease 12 an office space within a building owned by Collier Coun' v, a political subdivision of the State of L~ Florida ("Collier County"), located within the W. Harmon Turner Building located at 3301 East 14 Tamiami Trail, Naples, Florida. ~6 WHEREAS, the Lease Agreement provides for an initial two (2) year term with one (1) 17 renewal term of two (2) years, with an annual rent of $10 for each year throughout the life of the 18 Lease. ~9 20 WHEREAS, the Board of County Commissioners is satisfied that this property may be 2 ~ used for the Congressman and is not needed for County purposes. 22 23 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 24 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 25 26 1. The Board of County Commissioners does approve the attached Lease Agreement 27 between Collier County. and State Representative Dudley. Goodlette. 25 29 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is ~ hereby authorized to execute the attached Lease Agreement. 32 33 This Resolution adopted this __ da5' of , 2003 34 after motion, second and majority vote. 36 3': ATTEST: 3s DWIGItT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS 39 , COLLIER COUNTY, FLORIDA 40 41 BY: BY: 42 , Deputy Clerk TOM HENNING, Chairman 43 44 45 46 47 48 Approved as to form and legal sufficiency: 51 Thomas C. Pal~er 52 Assistant County Altorney I 3 2003 ! EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID NO. 03-3475R, TEMPORARY LABOR CONTRACT. (ESTMATED VALUE $350,000.00) OBJECTIVE: To award a Contract for Temporary Labor to be used for County Departments as needed. CONSIDERATION: Collier County Government from time to time has a need for Temporary Labor Servi :es. On March 18, 2003, formal bid invitations were posted in the lobby of the Purchasing Building and distributed to 11 f'u'ms who provide these services. On April 15, 2003, bids from four (4) firms were opened. A bid tabulation sheet is attached for review. The bid invitation specifically asked each bidder to provide business references. Bidders were also advised that the County reserved the right to investigate and evaluate any complaints or other concerns received pertaining to the past performance or conduct of the bidder. To this end, Purchasing staff investigated reports of complaints raised concerning Able Body Labor and their office site. Staff learned that Able Body Labor is taking steps to address these concerns and hence, recommends including that vendor in the award. Should problems recur with this vendor (or any other vendor under this contract), award to that party could be suspended or terminated. Staff has reviewed the bids and recommends award to Able Body Labor, Manpower Temporal' Labor. and Personnel Services. Staff does not recommend an order to these said awards. Through multiple awards, each using department will be assured to have temporary labor services anytime requested. FISCAL IMPACT: This contract may be utilized by all County departments. Funds are budgeted in the department's respective cost centers as needed. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. ~/e't~Bqar~°f;~°-unty Commissioners award Bid No. 03-3475R for RECOMMENDATION: That Temporary Labor to Able Bod3]/Labor, ~l~fl~0wer Temporal, Services, and Personnel Services. Sc~_.. Johnson,'~P'urchasing Agent pfi~has'ing Department REVIEWED BY: '~E~,'c'~e~~~~ Date: Daniel R. Rodriguez, In~or~ I~ector Facilities ManagemerrCDepartment REVIEWED BY: · Date: Stephen Y. Camel, Director Purchasing/General Services APPROVED BY: ~ Date: ~.~(8/iJ. ~Ski~'~a~p, Interim Administrator Administrative Services Division MAY 1,,3 2003 EXECUTIVE SUMMARY APPROVE SELECTION COMMITTEE'S RECOMMENDED SHORT LIST OF ARCHITECTS FOR RFP 03-3489, THE ADDITION, DESIGN, AND RENOVATIONS TO THE GOLDEN GATE LIBRARY AT 4898 CORONADO PARKWAY. OBJECTIVE: To have the Board approve the Selection Committee's recommended short list of architects for the design and renovations of the Golden Gate Library. CONSIDERATIONS: On February 19, 2003, the County Manager approved the appointment of a RFP Selection Committee comprised of representatives from the Library, Facilities Management, and Purchasing. On March 5, 2003, the County Purchasing Department published the Request for Proposal. Notices were sent to 57 vendors; 26 requested full informational packages that resulted in 3 completed responses. The Selection Committee met with the Purchasing Department on April 18, 2003 to review the three (3) proposals that were submitted and short-listed the firms in the following order: 1. Barany Schmitt Summers Weaver and Partners, Incorporated 2. Schenkel Shultz Architecture 3. Erickson Herscoe De Stefano The Selection Committee is requesting authorization to negotiate a Professional Services Agreement with the top ranked firm, Barany Schmitt Summers Weaver and Partners, Incorporated and if necessary, to negotiate with the second and third ranked firms if an agreement can not be reached. FISCAL IMPACT: Design funds are available from the Library impact fees, Fund 355. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board approve the Selection Committee's short list and authorize staff to begin contract negotiations with the top ranked architectural firm, Barany Schmitt Summers Weaver and Partners, Incorporated. Bob Pierce, Project Manager Department of Facilities Management IvlAY 1 3 2003 Executive Summary (cont.) RFP #03-3489 Short List for Golden Gate Library Page 2 of 2 REVIEWED .-/~J~ Crognale, l~nciple Project Manager ./"Department of Facilities Managemen~ / REVmWED B Y: "~~/~~~ DATE Dan R6dd~uez. Inte~~ctor Department of Fa~ties Management REVIEWED BY: rl, k_~.' :,/~. ~ 7. DATE Steve Camell, Director Purchasing Department REVIEWEDBY'~~~.-~"JS,7~G',..,o--'x- DATE hi-[ 2¢i /~;.~ ' John J~es, Library ~epartment \ REVIEWED BY: , ~ ? DATE __. Skip C~mp, Interim Administrator Administrative Services Division EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID NO. 03-3468, PUMP & MOTOR REPAIR FOR COUNTY-WIDE EQUIPMENT MAINTENANCE TO NAPLES ARMATURE AS PRIMARY AWARDEE AND HORVATH ELECTRIC AS SECONDARY AWARDEE IN THE ESTIMATED ANNUAL AMOUNT OF $300,000 OBJECTIVE: To streamline the maintenance and purchase pumps and motors for all County departments. CONSIDERATIONS: Several departments within the Public Utilities Division, as well as the County in general, utilize pumps and motors of various sizes and horsepower in their daily operations, which r'equire the services of an outside vendor for repairs. Minor pump repairs are performed in the field by the various departments. However, the majority of departments are not equipped or trained to perform major repairs or total rebuilds and, therefore, require the services of an outside vendor. Bid #03-3468 was posted on December 11, 2002. Ninety-nine (99) inquiries were sent to vendors. Seven (7) bids were received. On April 8, 2003, agenda item 10F; Staff recommended that the Board reject this bid based on an irregularity in the award formula. The Board reviewed and discussed this matter, voted not to accept Staff's recommendation, and directed Staff to submit an award of the bid at a subsequent meeting Subsequent to submitting the award recommendation, the Purchasing Department received a protest of the recommendation from Mader Electric Motors. A copy of the vendor's protest and the Purchasing Director's protest decision are enclosed. Staff has reviewed the bids, and in accordance with the award formula, recommends award to Naples Armature as primary and Horvath Electric as secondary. The recommendation for an award to a primary and a secondary stems from the growth of services required under this contract. FISCAL IMPACT: Several different departments will use these services. Each user department has budgeted funds for pump and motor repair. GROWTH MANAGEMENT IMPACT: There is no growth m~.~agement impact resulting from this decision. RECOMMENDATION: That the Board award Bid No. 03-3468 for Pump & Motor Repair to Naples Armature Works as j3rimary awardee and Horvath Electric as secondary awardee. SUBMITTED BY: ?? i ,~'~' ~'-:/ Date: L~h 'N~. Wood, Purchasing Agent REVIEWED BY: ~-~F, {-~.. ~;';;-~"~',/~'~' Date: Steve Carnell," ~~-.~ .....,,'~3,,/Pu rchasing Di re ct or REVIEWED B Y: / f/ ./ ,~;~¢,'~,'~;~'," "?' Date: ~ ~p ~mp, ' ' Interim Administrative Se~ices Administrator MADER ELECTRIC MOTORS .- JOHN MADER ENT., INC. 18161 N.Tamiami Trail N. Ft. Myers, FL 33903 (941) 731-5455 Fax (941) 731-8165 4/'17/C:,3 Arm: Steve . . Non.. of intent to prote~t il,is nofic~ wiii '".~ara? & '_Motor K~omr . Our formal p, u,..~t wl,t be m~.~. · ~ . · · . nez-t five dav~. v,-h?n d:scu,qsm~ my p.mnl on tt.,~ ?.i,:cem~.ge markup not bring ' ' ' ' into '; ~' implied tria ~on'nu;a for .a~vm-d to mezz;. As ] mend',' :": -::' ~:e ..... Pg.__ .~' COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL PURCHASING BUILDING NAPLES, FLORIDA 34112 May 1, 2003 (239) 774-8407 FAX (239) 732-0844 Mr. Jeremy Mader Mader Electric Motors 18161 N. Tamiami Tr. N Ft. Myers, F1 33903 RE: Protest Decision, Bid 03-3468, Pump and Motor Repair Dr. Mr. Mader: This office has reviewed your formal protest, dated April 23, 2003, of the recommended award for the referenced contract. In protesting the recommendation to award the contract to Naples Armature (as primary) and Horvath Electric (as secondary), you have raised various issues. The following is a summary of the issues/allegations raised in your protest following by findings and comments regarding each: 1. The percentage mark up for parts is being apphed to determine the order of the bidders though it was not specifically referenced in the published award formula, l~ader Electric discussed this issue (whether the % mark up would be applied to the award formula) with the Purchasing Agent prior to the bid opening and was advised that the percentage would not be considered in the award process. FINDINGS/CO342~ENTS: Each bidder was asked to provide a fixed percentage of mark up to be applied to their actua] cost o£parts acquired under the agreement. The mark up was not specifically referenced in the bid award formula. However, the direct cost of the parts was specifically included in the formula and to include that data without the mark up would render the parts costs data altogether useless in the award analysis. Further, the intent of the Purchasing Agent was and the prior practice of the County under this a~vard has been to include the mark up in the price analysis. In speaking with the Purchasing Agent, she does not recall discussing the issue of the percentage mark up with you prior to the bid opening. 2. If the order of the bidders were calculated Without applying the percentage mark up to the formula, Mader Electric would be the apparent low bidder. FINDINGS/COiVII~ENTS Staff concurs with this contention. Mr. Jeremy Mader Protest Decision Bid 03-3468 Page 2 of 3 3. Naples Armature improperly discussed this matter with a County Commissioner prior to the original staff recommendation (to reject and re-bid the contract) being heard by the Board of County Commissioners in public session. FINDING$/CO~ENT$: Section 24 of the bid in~dtation cHscourages contact v~th individual County Commissioners about a b~d tendered to the County that is pending award. However, the provision does not specify or mandate a particular consequence resulting from any such occurrence. Further, tins matter ~vas duly noted in the public ch'scusMon of April ~b and considered by the Board in reaching its determination to reject the original staff recornmendation. 4. The pubhshed formula does not take into account prospective differences in parts costs between bidders (i.e., one bidder may be able to obtain a given part at a lower cost than another bidder). FINDINGS/COIVIIVIENTS: The formula included the same base costs for parts to aH bidders based on the understanding that, in many instances, the parts costs constitute a relatively sma]]portion of the total cost of repair. Further, the protest offers no supporting evidence of any kind to substantiate the contention that Mader Electric's direct parts costs are signkScant]y and consistently lower than those of the competing bidders. 5. In rejecting the staff recommendation to re-bid the contract, the intent of the Board of County Commissioners was to award the contract to Mader Electric, not Naples Armature. FIDINGS/COMMENT$: The Board voted to reject the staff recommendation to re-bid the contract. However, the Board did not award or direct the award of the contract be made to a particular vendor. Hence, the assumption that the Board intended for the contract to be awarded to Mader Electric is debatable at best. 6. Should this contract be awarded to Naples Armature, it would be the second consecutive award to Naples Armature under contested circumstances, which reflects "a pattern that would be cause for concern" for potential bidders and the County alike. FINDINGS/COJViMENT$: There appears to be some confusion regarding this matter. Naples Armature is not presently under contract with Collier County for these services. The award of the current contract occurred on June 12, 2001 and Horvath Electric Motors was the selected contractor. Naples Armature submitted the apparent Iow bid and Horvath protested and ultimate]y prevailed before the Board. In recommending a re-bid, I was simply advising the Board that such action would enable staff to correct the ]anguage in question and enable the Board to make an award absent this issue. EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT TO INCREASE APPROPRIATIONS AND ASSOCIATED REVENUES FOR OPERATING COSTS IN FLEET MANAGEMENT FUND (521) IN THE AMOUNT OF $197,000 FOR REPAIR PARTS AND OUTSIDE VENDORS, AND $349,400 FOR FUEL; AND APPROVE A $32,000 INCREASE IN APPROPRIATIONS FOR PERSONNEL OVERTIME, WITH A MATCHING DECREASE IN APPROPRIATED CAPITAL EXPENDITURES. OBJECTIVE: Obtain Board approval for a budget amendment to increase appropriations and associated revenues for operating costs in Fleet Management Fund (521) in the amount of $197,000 for repair parts and outside vendors, and $349,400 for fuel; and approval for a $32,000 increase in appropriations for personnel overtime, with a matching decrease in appropriated capital expenditures. CONSIDERATIONS: Fleet Management's costs for repair parts and outside vendors were underestimated in the FY 2003 budget by $160,000 and $37,000 respectively. The principal reason for this shortfall has been expensive unscheduled repair of buses, heavy trucks and equipment, mainly due to aging and/or hard usage. Fleet Management maintenance responsibilities and parts requirements were also elevated by the FY 2002 mid-year addition of Transportation Disadvantaged Program buses and vans, and the late FY 2002 addition of the FDOT State road maintenance program. The additional workload, along with long-term medical absences of personnel, has necessitated more use of personnel overtime. An increase of $32,000 in overtime pay is requested. These added appropriations will be needed to fulfill County vehicle and equipment maintenance requirements through the end of the fiscal year. Fuel costs were much higher than projected this year due to a variety of worldwide circumstances. An additional $349,400 in the Fleet Management Fund (521) budget is needed to cover fuel costs for the remainder of the fiscal year. FISCAL IMPACT: Appropriations for operating costs in Fleet Management Fund (521) will increase by $197,000 for repair parts and outside vendors, and by $349,400 for fuel. Since Fleet Management is an internal service fund, these additional operating costs will "pass through" to affect the budgets of departments and organizations using Fleet Management services. The remaining cost increase for personnel overtime ($32,000) will be covered by shifting unspent capital appropriations in Fleet Management Fund (521). GROWTH MANAGEMENT IMPACT: No growth management impact will result from this budget amendment. RECOMMENDATION: The Board approve a budget amendment as outlined above in Fleet Management Fund (521). ,~"/5 ~' Daniel A. Croft, Fleet Mangtgement Director APPROVED BY: ~/r~t DATE: Skip ive Services Administrator MAY, 1 3 EXECUTIVE SUMMARY APPROVE SELECTION COMMITTEE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR RFP 03-3497 "AUDITING SERVICES FOR COLLIER COUNTY" (ESTIMATED DOLLAR AMOUNT OF CONTRACT $215,500) OBJECTIVE: To receive Board approval of Committee's selection of an auditing firm, and authorization to begin contract negotiations for subsequent Board approval of contract. CONSIDERATIONS: Collier County requires the services of a Certified Public Accountant firm to audit its financial statements for the fiscal years ending September 30, 2003, 2004 and 2005. Collier County implemented Governmental Accounting Standards Board (GASB) 34, Basic Financial Statements and Management's Discussion and Analysis tbr State and Local Governments, for the fiscal year ended September 30, 2002, as required. Per the requirements of GASB Statement No. 14, the general purpose external financial statements of Collier County include the Board of County Commissioners and the Constitutional Officers along with the blended component units and the discretely presented component units. The Request for Proposal (RFP) was issued in accordance with Florida State Statute 218.391, which provides specific guidelines for solicitation of auditing services, including the composition of the Selection Committee, which includes the Constitutional Officers or their designees, and the Chairman of the Board of County Commissioners. The RFP was publicly advertised on March 21, 2003. Notices wer6 sent to 50 firms, with 6 firms requesting the full RFP package, and one firm responding by the due date of April 11,2003. Inquiries were made of the other 5 firms as to why they had not responded. Several firms stated that they did not have the resources to handle this type of audit and other firms stated that they didn't have time to prepare a proposal. It was the decision of the committee to evaluate and score the single proposal on its own merits, since it was submitted by our current auditing firm. KPMG. A Selection Committee meeting was held on April 28, 2003, and after review, scoring and discussion of the proposals, by consensus of the members, KPMG was considered to be well qualified to provide these services to the County. With Board approval, negotiations will commence with KPMG based on their cost proposal, which was submitted in a separate sealed envelope with their proposal, as prescribed in the State Statute. FISCAL IMPACT: There is no fiscal impact associated with the short listing of KPMG. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the shortlisting. RECOMMENDATION: That the Board of County Commissioners; (1) Approve the Committee's selection of KPMG. (2) Authorize staff to begin Contract negotiations with KPMG. I AY 1 3 2003 Pg.. ,./ SUBMITTED BY: '-,d~. d Cuz..~-4~.J/~'c ~d'( Date: Ke~ey.~d,' Senior Purchasing ~d Contracts Agent ~VIEWED BY: ~~~~ - ~i~c~li, Fin.ce Director APPROVED BY: stev~ell,~irector, P~ch~in~General Se~ic~ APPROVED BY: ~~ Z. S[ip ~amp, Interim Administrator Administrative Se~ices Division MAY I 3 2003 EXECUTIVE SUMMARY APPROVE PURCHASE OF SlX (6) MEDIUM-DUTY ADVANCED LIFE SUPPORT "MEDICMASTER" AMBULANCES FROM AMERICAN LAFRANCE CORPORATION USING PALM BEACH COUNTY BID #02-1951CB, AND PURCHASE OF RADIOS AND DATA RECORDERS FOR THE AMBULANCES UNDER SEPARATE BIDS. OBJECTIVE: Obtain Board of County Commissioners approval to purchase six (6) medium-duty advanced life support "MedicMaster" ambulances from American LaFrance Corporation using Palm Beach County Bid #02-195/CB, "1250 GPM Pumpers and Advanced Life Support Rescue Vehicles (Fire Rescue), Purchase of', and approval to purchase radios and data recorders for the ambulances under separate bids. CONSIDERATION: Section XIII B of the Collier County Purchasing Policy allows the County to join with other units of government in cooperative purchasing ventures. Palm Beach County has a current contract with American LaFrance, Bid #02-195/CB, that extends the terms, conditions, and pricing to other government entities. Six ambulances were budgeted for replacement this year in Fund 522, Motor Pool Capital Recovery. The cost of the ambulances were projected at $140,000.00 each. The actual purchase price is quoted at $130,910.00. An additional $5000 per ambulance is projected for replacement radios and data recorders. Each ambulance manufacturer has different box structures, wiring, air conditioning systems, equipment, and repair parts. Of the 27 ambulances in the Collier County Fleet, all were purchased from American LaFrance MedicMaster since 1995. The quality, performance, and dependability of these ambulances have been excellent. Maintenance and upkeep have been fairly simple. All Fleet Management automotive technicians have been trained on repair and maintenance of MedicMaster ambulances, and a standard repair parts stockage has been established. Product support from American LaFrance has been above average. Additionally, the vehicle structure and other safety items have been judged superior to products of other ambulance companies surveyed by the Collier County staff. Considering these factors, standardizing the County's fleet with MedicMaster ambulances is considered ir the best interest of Collier County both operationally and economically. FISCAL IMPACT: Six (6) MedicMaster ambulances will be purchased from Fund 522, Motor Pool Capital Recovery, at a cost of $785,460. Replacement radios and data ,,_.. recorders will be purchased for the six ambulances from Fund 522 at an estimated costof / GROWTH MANAGEMENT IMPACT:. No growth management impact is involved. RECOMMENDATION: That the Board approve purchase of six (6) MedicMaster ambulances from American LaFrance Corporation through Palm Beach County Bid 02- 195/CB, and purchase of replacement radios and data recorders under separate bids as stated. Da~ Croft, Fleet Management Director Steve Camotl, Purchasing Director Date: REVIEWED BY: ,'. Jeff Pag.e, Emergen'cy Medical' Services Director John Dunguck, Public Services Administrator Skip Camp,~nte~m ~7tministr~tfve S~i'vices Administrator EXECUTIVE SUMMARY APPROVE AMENDMENTS TO CONTRACTS #01-3289, #0t-3290, #01-3292, #00-3119 AND #00-3184 TO ADJUST CONTRACT TIME PROVISIONS AND FEE SCHEDULES RESPECTIVELY. OBJECTIVE: To obtain Board approval to amend various contracts. CONSIDERATIONS: Collier County is presently under contract with several consulting firms covering different annual agreements for professional services. These agreements are periodically amended to correct or to clarify contract conditions or allow adjustments to fee schedules. The following contracts are not presently consistent with the published requirements of the originating RFP with regard to duration. Under the RFP, the original contract term was to be two (2) years with two (2), one (1) year options to renew each agreement. The actual negotiated contracts reference a one (1) year contract period with three (3) one (1) year renewals. Enclosed are amendments to the following agreements to correct this discrepancy. · Contract #01-3289 - Fixed Term Professional Mechanical-Electrical Engineering Services · Contract #01-3290 - Fixed Term Professional Engineering Services · Contract #01-3292 - Fixed Term Professional Structural Engineering Services The following contracts have been amended to increase the hourly rate in conjunction with the January 16, 2003 Consumer Pricing Index (CPI) of 2.5%. These contract prices are based on standard fee schedules which have not been updated for several years. · Contract #00-3119 - Annual Contract for Utility Engineering Consultant Services · Contract #00-3184 - CEI Services for Collier County Road Projects FISCAL IMPACT: There is no fiscal impact with respect to the Amendments covering Time. Funds are budgeted in each using department's respective cost center as needed to meet the 2.5% hourly rate increases. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the contract amendments and 2. Authorize the Purchasing/General Services Director to sign the amendments. /' // -Lil:~da~"~"Y'L. Jackson,Contract Agent ,- / S't~'phed Y; Camel, Dire(~tor of I~urchasing ..~ / ~ ~ Camp, Interim Administrative Service Administrator · EXHIBIT A-1 Contract Amendment # 01-3289 "Fixed Term Professional Mechanical-Electrical Engineering Services" This amendment, dated February 24, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, Anchor Engineering Consultants, Inc.. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 01-3289 "Fixed Term Professional Mechanical-Electrical Engineering Services" By signing below, the Contractor agrees to amend the above referenced Contract as follows: Change Article Four- Time to read as follows: 4.1 The period of service shall be from the date of execution of this Agreement through two (2) years from that dare, or until such time as all outstanding Work Orders issued prior to the expiration of that Agreement period have been completed. This Agreement may be renewed for an additional two (2) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. All other terms and conditions of the agreement shall remain in force. EN WITNESS WHEREOF, the Contractor and the County.' have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSL~TANT ATTEST: /· ' Corporate Secreta~'/Witness Anchor Engineering Consultants, Inc. By: David G. Fecitt By:. Ee_,*~,,~ ~. ~/tX Dated: 3-5-03 Title: /5~.~ 5 t o~-~<r Dated: g ~-~.~'. ~5~9~3' CORPORATE SEAL Approved as to form and Robert Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Stephen Director of Purchasing and General Services MAY 132003 I EX]:IXBIT A-1 Contract Amendment # 01-3289 "Fixed Term Professional Mechanical-Electrical Engineering Services" This amendmenk dated February 24, 2003 to the referenced agreement shall be by and between thc parties to the original Agreement, CH2M Hill, Inc. (to be referred to as "Consultanf') and Collier County., Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 01-3289 "Fixed Term Professional Mechanical-Electrical Engineering Services" By signing below, thc Contractor agrees to amend the above referenced Contract as follows: Change Article Four - Time to read as follows: 4.1 The period of service shall be from the date of execution of this Agreement through two (2) years from that date, or until such time as all outstanding Work Orders issued prior to the expiration of that Agreement period have been completed. This Agreement may be renewed for an additional two (2) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. All other terms and conditions of the agreement shall remain in force. EN WITNESS WI-I~REOF, the Contractor and the County have each, respectively, bv an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSULTANT ATT · ~b-"~orate Secretary/Wimess CH2M Hill, Inc. Dated: J -ly ~ '5 Title: l~ C L ~..,~,",,"~,~-,J ~'- Dated: Approved as to form and k ""'~O~to~ .": Lega~ ~ OWNER: Robert N. Zajflffary Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORDA By: ~5~/~y. ~ell~/ Director of Purchasing and General Services IMAY 13 2003 Pg,, ',__'~ , . EXHIBIT A-1 Contract Amendment # 01-3289 "Fixed Term Professional Mechanical-Electrical Engineering Services" This amendment, dated February 24, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, TECO BGA, Inc.. (to be referred to as "Consultant") and Collier County, Florida,. (to be referred to as "Owner"). Statement of Understanding RE: Contract # 01-3289 "FLxed Term Professional Mechanical-Electrical Engineering Services" By signing below, the Contractor agrees to amend the above referenced Contract as follows: Change Article Four - Time to read as follows: 4.1 The period of service shall be from the date of execution of this Agreement through two (2) years from that date, or until such time as all outstanding Work Orders issued prior to the expiration of that Agreement period have been completed. This Agreement may be renewed for an additional two (2) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. All other terms and conditions of~he agreement shall remain in force. LN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSULTANT ATTt~IT: ,. ,J ~ -e~l:~Orate-See~t~,qt/imets TECO BGA, Inc.'~=- By: Linda M. Casserly By: M4eh~l W. gib~on Dated: t/11/03 Title: Vice President Dated: 3/11/03 CORPORATE SEAL Approved as to form and Legal sufficiencv: R Assistant County Attorney BOARD OF COUNTY COM2MISSIONERS COLLIER COUNTY, FLORIDA By: 'Stepheln Y. cam Director of Purchasing and General Services ~O EX]tIBIT A-I Contract Amendment # 01-3289 "Fixed Term ?rofessional Mechnnical-Elccwi~al Engineering Services~ This amendment, dated February 2~, 2003 to the refraeaced agreement shall be by and be~'een the parties to the original Agreement, Tilden Lobalt~ Cooper. (to be referred to as "Consultant'~ and Collier County, Florida, (to be referred tn as "Owner'). Statement of Understanding RE: Contract # 01-3259 "-Fixed Term Professional Mechanical-Electrical Engineering Services" By signing below, the Contracwr agrees to amend the above referenced Contract as follows: Ch,nge Article Four- Time to read as follows: 4.1 The period of service shall be from the date of execution of this Agreement through two (2) yea.rs from that date, or until such time as all outstanding Work Orders issued prior to the expiration of that Agreement period have been completed. This Agreement may be renewed for an additional two (2) years, renewable annually. Kenewal shall be a~reed to, in writing, by both parties. All other terms and conditions of the agreement shall remain in force. IN WITNESS ~W. REOF, the Contractor and the County have eacl~ respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSULTANT COP.PORATE SEAL Approved as to form and L~ OWNER: Assistant Caun~ Auom~ BO~ OF CO~ CO~SSIO~ COLt ~K CO~, ~LO~ ' St~ Y. C~ell - ~cmr ofP~=h~mg ~d ~neral Se~ices I AGE I,*OA l ~E.,~ / EXI:HBIT A-1 Contract Amendment # 01-3290 "Fixed Term Professional Engineering Services" This amendment, dated February 24, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, Agnoli, Barber & Brundage (to be referred to as "Consultant") and Collier County, Florida,, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 01-3290 "Fixed Term Professional Engineering Services" By signing below, the Contractor agrees to amend the above referenced Contract as follows: Change Article Four- Time to read as follows: 4. ! The period of service shall be from the date of execution of this Agreement through two (2) years from that date, or until such time as all outstanding Work Orders issued prior to the expiration of that Agreement period have been completed. This Agreement may be renewed for an additional two (2) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. All other terms and conditions of the agreement shall remain in force. E~' WITNESS WI~REOF, the Contractor and the County. have each, respectively, by an authorized person or ~jent, hereunder set their hands and seals on the date(s) indicated below. t CONSULTAN'T ATTES Corporatd $~I/letary/Witness Agnoli, Barber & Brundage / By: Guy P. Adams By: Frederick T. Barber III Dated: 0 2 / 2 7 / 0 3 Title: C.E.O. Dated: 02/27/03 CORPORATE SEAL Approved as to form and OWNER: Robert N. ZaChary Assistant County Attorney BOARD OF COUNTY COMMISSIO~RS COLLIER COUNTY, FLORIDA By: rStephe~ Y. Car~ell / Director of Purchasing and General Services MAY 1 3 2003 EXIIIBIT A-1 Contract Amendment # 01-3290 "Fixed Term Professional Engineering Services" This amendment,, dated February' 24, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, Hole Montes, Inc., (to be referred to as "Consultant") and Collier County., Florida, (to be referred to as "Owner;'). Statement of Understanding RE: Contract # 01-3290 "Fixed Term Professional Engineering Services" By signing below, the Contractor agrees to amend the above referenced Contract as follows: Change Article Four- Time to read as follows: 4.1 The period of service shall be from the date of execution of this Agreement through two (2) years from that date, or until such time as ail outstanding Work Orders issued prior to thc expiration of that Agreement period have been completed. This Agreement may be renewed for an additional two (2) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. All other terms and conditions of thc agreement shall remain in force. IN WITNESS WHI~.REOF, thc Contractor and the County. have each, respectively, by an authorized hereundcr set their hands and seals on the date(s) indicated below. )~ CONSULTANT Corporate Secretary/Witness Hole Montes, Inc. Dated: ~ Title: fi't~ c//)(£ Dated: ..-g,,/~-//~' ~, ' CORPORATE SEAL Approved as to form and Legal sufficiencv: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Steph~'t{ Y. cardqll Director of Purchasing and General Services / No. /1_,- ~ !,,~ [ I MAY 13 2003 I E3fl:IIBIT A-1 Contract Amendment # 01-3290 "Fixed Term Professional Engineering Services" This amendment, dated February 24, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, Johnson Engineering, Inc. (to be referred to as "Consultant") and Collier County., Florida, (to be referred to as "Owner"). Statement of Underatanding RE: Contract it 01-3290 "Fixed Ierm Professional Engineering Services" By signing below, the Contractor agrees to amend the above referenced Contract as follows: Change Article Four - Time to read as follows: 4.1 The period of service shall be from the date of execution of this Agreement through two (2) years from that date, or until such time as all outstanding Work Orders issued prior to the expiration of that Agreement period have been completed. This Agreement may be renewed for an additional two (2) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. All other terms and conditions of the agreement shall remain in force. EN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below'. CONSULTANT ATTEST: Corporate~ecretary/Witness Johnson Engineering, Inc. Dated: ,~- ~ t~ -~._~ Title: ' Dated: ' CORPORATE SEAL Approved as to form and / Robert N: 7_~hary Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ' 'Steph~ '~'~ t2ar~ll Director of Purchasing and General Services MAY 1 3 2.303 EXHIglT A-1 Contract Amendment # 01-3290 "Fixed Term Professional Engineering Services" This amendment, dated February 24, 2003 to the referenced agreement shall be by and between the pardes to the original Agreement, Pitman Hartenstein & Associates, Inc., (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 01-3290 "Fixed Term Professional Engineering Services" By signing below, the Contractor agrees to amend the above referenced ConU-act as follows: Change Article Four - Time to read as follows: 4.1 The period of service shall be from the date of execution of this Agreement through two (2) years from that date, or until such time as al! outstanding Work Orders issued prior to the expiration of that Agreement period have been completed. This Agreement may be renewed for an additional two (2) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. All other terms and conditions of the agreement shall remain in force. EN WITNESS V~3IK~REOF, the Contractor and the Count' have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. .~SL~TANT Corporate Secretary/~tness Pitman Hartenstein & Associates, Inc. By: N~.k~. KnJ. ght~ ControZler By: AZan HartensteSn, P.E., R.E.P. Dated: Hatch 3, 2003 Title: Executive V~_ce PresS. dent Dated: Narch 3, 2003 CORPORATE SEAL Approved as to form and Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~tep~dn Y. Cai/nell Director of Purchasing and General Services 3 20D3 I EXI~IBIT A-1 Contract Amendment # 01-3290 "Fixed Term Professional Engineering Services" This amendment, dated February 24, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, Q. Grady Minor & Associates, (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 01-3290 "Fixed Term Professional Engineering Services" By signing below, the Contractor agrees to amend the above referenced Contract as follows: Change Article Four - Time to read as follows: 4.1 The period of service shall be from the date of execution of this Agreement through two (2) years from that date, or until such time as all outstanding Work Orders issued prior to the expiration of that Agreement period have been completed. This Agreement may be renewed for an additional two (2) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. All other terms and conditions of the agreement shall remain in force. Eh' WITNESS WH~OF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSULTANT ATTEST' ' ~'x Corporate SecretaD'/Wimess Q. Grady Minor & Associates ' ' Dated: Zlz~,lo~, CORPORATE SEAL Approved as to form and Robert N. Zachary Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~~ ~r~, &~';~/ Director of Purchasing and General Services EXHIBIT A-1 Contract Amendment # 01-3290 "Fixed Term Professional Engineering Services" This amendment, dated February 24, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, TBE Group, Inc. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 01-3290 "Fixed Term Professional Engineering Services" By signing below,'the Contractor agrees to amend the above referenced Contract as follows: Change Article Four - Time to read as follows: 4.1 The period of service shall be from the date of execution of this Agreement through two (2) years from that date, or until such time as all outstanding Work Orders issued prior to the expiration of that Agreement period have been completed. This Agreement may be renewed for an additional two (2) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. All other terms and conditions of the agreement shall remain in force. Eh' WITNESS Wl:rlrREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSLrL~ ATTEST; CoYp"6rat~ecre~a~/Witness TB'E Group, Inc. Dated: /2~r~.b ~..W,:[L-0 Title: Senior ¥5ce President Dated: March 4, 2003 c OP~OP.~TE SEAL Approved as to form and / Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLI~ER COUNTY, FLORIDA By: ,Z~(~ (~., Director of Purchasing and General Services AG£~DA Il. JiM ~ ' ! MAY 13 003 I EXHIBIT A-1 Contract Amendment # 01-3292 "Fixed Term Professional Structural Engineering Services" This amendment, February 24, 2003 to the referenced agreement shall be by and between the parties to the original A~eement, American Consulting Engineers (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 01-3292 "Fixed Term Professional Structural Engineering Services" By signing below, the Contractor a~ees to amend the above referenced Contract as follows: Change Article Four - Time to read as follows: 4. ! The period of service shall be from the date of execution of t.his A~eement ,~,~,,oh two (2) ..... from tha[ date, or until such time as all outstanding Work Orders issued prior to the expiration of that Agreement period have been completed. This Agreement may be renewed for an additional two (2) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. /(...CONSULTANT ! Go~c, ratc .,cc .... 2 ,Wgttne s By: p~t,,.kc.~ 7.'x~ By: '~~q ~ Dated: Z-E'~-c2~ Title: ~g.t .,.xc,,~ "4~ ~ ~b'V,qt'X4_n l ,,a t.~ Dated: 2- - 7.-'S CORPORATE SEAL Approved as to form and Legally :.,,A, ~ OWNER: Robea Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~,(~ Ct ~/.(~/ ' J S'teI~e~a Y. Carnell Director of Purchasing and General Services ~o./t,'o MAY 1 3 2003 EXIqIRIT A-1 Contract Amendment # 01-3292 "Fixed Term Professional Structural Engineering Services" This amendment, Februa~' 24, 2003 to the referenced aereement shall be bv and between the parties to the original Agreement, Anchor Engineering Consulta~nts (to be referred io as "Consultant") and Collier Count, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 01-3292 "FLxed Term Professional Structural Engineering Services" By signing below, the Contractor agrees to amend the above referenced Contract as follows: Change Article Four- Time to read as follows: 4.1 The period of service shall be from the date of execution of this Agreement through two (2) years from that date, or until such time as ail outstanding Work Orders issued prior to the expiration of that Agreement period have been completed. This Agreement may be renewed for an additional two (2) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. All other terms and conditions of the agreement shall remain in force. LN WITNESS WltF~REOF, the Contractor and the Count,,' have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the 'date(s) indicated below. / Corporate SecretaD'/Witness Ancl~or Enginee'rin'~ C;n'st~ltants By: Dav-J_d G. Fecitt By: ~c~ ~ ~,~r_J- Dated: 3-5-03 Title: 'f'~g-W~ / tg~ Dated: ~'-~5' -~ CORPORATE SEAL Approved as to form and Robert N. Zaot~a~y OWNER: Assistant Coun~ Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: .... ~tel~en Y. Carndll Director of Purchasing and General Services .o.~l MAY ! 3 2003 Pg./J I EXHll3IT A-1 Contract Amendment # 01-3292 "Fixed Term Professional Structural Engineering Services" This amendment, February 24, 2003 to the referenced agreement shall be by and between the parties to the original A~eement, CH2M Hill, Inc. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 01-3292 "Fixed Term Professional Structural Engineering Services" By signing below, the Contractor agrees to amend the above referenced Contract as follows: Change Article Four - Time to read as follows: 4.1 The period of service shall be from the date of execution of this A~eement through two (2) years from that date, or until such time as all outstanding Work Orders issued prior to the expiration of that A~eement period have been completed. This Agreement may be renewed for an additional two (2) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSULTANT -~"i-,Corporate S~ecretary/Witness CH2M Hill, Inc. Dated: 3--[~'2-° 7~ Title: Dated: ,,,,,,,'" c.a,?,,,,,. . ,~ .- oh.'~,~ Approved as to form and Leg ' - '='-:---Y: obe t S. Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Steplqen Y. Carnell Director of Purchasing and General Services MAY 1 3 2003 /t, . EXHIBIT A-1 Contract Amendment 6{ 01-3292 "Fixed Term Professional Structural Engineering Services" This amendment, February 24, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, Jenkins & Charland, Inc. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 01-3292 "Fixed Term Professional Structural Engineering Services" By signing below, the Contractor agrees to amend the above referenced Contract as follows: Change Article Four - Time to read as follows: 4.1 The period of service shall be from the date of execution of this Agreement through two (2) years from that date. or until such time ~ all outst~ding Work Orders issued prior to the expiration of that Agreement period have been completed. This Agreement may be renewed for an additional two (2) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder s_et their hands and seals on the date(s) indicated below. ./ ATTEST:f/ Cowor~d ggcr&~'itness J~s & Ch~l~d, ~c. By: Clifford Farrell By: Paul E. Carroll Dated: February 28, 2003 Title: Vice President Dated: February 28, 2003 CORPORATE SEAL Approved as to form and Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OLL OpT , LO ^ . v __~ S'tep~en Y, Carnell Director of Purchasing and General Services ; 3 2003 EXH~IT A-1 Contract Amendment # 01-3292 "Fixed Term Professional Structural Engineering Services" This amendment, February 24, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, Pyper Engineering, Inc. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 01-3292 "Fixed Ierm Professional Structural Engineering Services" By signing below, the Contractor agrees to amend the above referenced Contract as follows: Change Article Four - Time to read as follows: 4.1 The period of service shall be from the date of execution of this Agreement through two (2) years from that date, or until such time as all outstanding Work Orders issued prior to the expiration of that Agreement period have been completed. This Agreement may be renewed for an additional two (2) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. All other terms and conditions of the agreement shall remain in force. IN WITNESS V~TIEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ~'- ~~~SU~LTAxNT ATTEST: Corporate Secretary/Witness Pyper Engin6~ring, Inc. ?-, By: Dated: ~/o-~/,~.? Title: / / Dated: CORPORATE SEAl. Approved as to form and o,4 ow2cgR: Robe, S. Assistant C&mty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORDA By: - "' --~ S~phen Y. Car~ell Director of Purchasing and General Services -- ~a£~o~ ,J,.T~,~" NO. t,4AY 1 3 2003 Pg. EXI-IIRIT .A-1 Contract Amendment # 01-3292 "Fixed Term Professional Structural Engineering Sera-ices' This amendment, February 24, 2003 to the referenced agreement shall be by and between the parties to thc original Agreement,. TKW Consulting Engineers, Inc. (to be referred to as "Consultant;;) and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 01-3292 "Fixed Term Professional Structural Engineering Services" By signing below, the Contractor agrees to amend the above referenced Contract as follows: Change Article Four- Time to read as follows: 4.1 The period of service shall be from the date of execution of this Agreement through two (2) years from tLat date, or until such time as all outstanding Work Orders issued prior to the expiration of that Agreement period have been completed. This Agreement may be renewed for an additional two (2) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. All other terms and conditions of the agreement shall remain in force. IN WIT.hISS V~TIEREOF, the Contractor and the Count2,.' have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST:v ~~- TKW ConSUlting Engineers, Inc. Corporate S~r~tary/Wimess By': ~,x,,J ~ ~c~r-,c~ B,': ,5'/~c,~.., /dT, q~?.,~5--c,,.' Dated: '20' - b -O~ Title: ___ [ ~,.-- ~ _ Dated: L~- 7-O ~ CORPORATE SEAL Approved as to form and Le~: Assistant C6unty Attorney BOARD OF COUNTY COMMISSIONTRS COLLIER COUNTY, FLORIDA - - v ,,,o,l 'St~pg4n Y. damell Director of Purchasing and General Services MAY EXHIBIT A-1 Contract Amendment No. 1 #00-3119 "Annual Contract for Utility Engineering Consultant Services" This amendment, dated April 10, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, Camp Dresser & McKee, Inc. (to be referred to as "Consultant"') and Collier Count', Florida,. (to be referred to as "Owner"). Statement of Understanding RE: Contract # 00-3 ! !.9 "Annual Contract for Utility Engineering Consultant Services" Thc Consultant agrees to amend the above referenced Contract as per Schedule "A-I" attached to this Amendment, and incorporated herein by reference. This amendmem shall cover hourly rate increases to the original Collier Coun .w Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published January. 16.. 2003. This amendment, represents a 2.5% increase to the Fcc Schedule for the renewal term of April 10, 2003 through April 9, 2004. The Consultant agrees that this amends thc original Contract. All other terms and conditions of the agreement shall remain in force. EN WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSULTANT ATt-EST: I ~ -- · f~rat¢ Sedret.~a~/Wimess Camp Dresser& McKee, Inc. tBf: ~",~I;?CLJ' o 'd ,~ d&~'~''/ By Thomas M Missimer, P.G. : ,. _ .: . Ph.D., Dated: ,9 - ~ · c ,3 Title: vice President Dated: March 4, 2003 CORPORATE SEAL Approved as to form and Legal sufficiencv: Rob aPy Assistant County Attorney BOARD OF COU~,JTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: - Steph%n Y. ,_.amell Director of Purchasing and General Services I I MAY 13 2003 EXHIBIT A-1 Contract Amendment No. 1 #00-3119 "Annual Contract for Utility Engineering Consultant Services" This amendment, dated April 10, 2003 to thc referenced agreement shall be by and between the parties to the original Agreement, Greeley & Hansen LLC (to be referred to as "Consultant") and Collier County., Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 00-3119 "Annual Contract for Utility Engineering Consultant Services" The Consultant agrees to amend the above referenced Contract as per Schedule "A-I" attached to this Amendment, and incorporated herein by reference. This amendment shall cover hourly rate increases to the original Collier County. Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published January 16, 2003. This amendment represents a 2.5% increase to the Fee Schedule for the renewal term of April 10, 2003 through April 9, 2004. The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. LN' WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSU-LT.&NT Cc,~c~ra:c Sccrctm'-y,'Wimess Greeley & Han~n LLC By: ~Ax;;o c: ~-~46Aq By: Dated: t-,~p-c,e 3 w-o:, 3 Title: Dated: CORPORATE SEAL Approved as to form and Le~: Assistant CounD' Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: %tepi~eh Y. C~fi'ne ' ' Director of Purchasing and General Services NO .~ HAY 1 3 2003 /? ENlq'IBIT A-1 Contract Amendment No. 1 #00-3119 "Annual Contract for Utility. Engineering Consultant Services" This amendment, dated April 10, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, Hazen & Sawyer, P.C. (to be referred to as "Consultant") and Collier County., Florida, (to be referred to as "Owner"). Statement of Under~lnding RE: Contract # 00-3119 "Annual Contract for Utility Engineering Consultant Services" The Consultant agrees to amend the above referenced Contract as per Schedule "A-I" attached to this Amendment, and incorporated herein by reference. Ibis amendment shall cover hourly rate increases to the original Collier County Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published January 16, 2003. This amendment represents a 2.5% increase to the Fee Schedule for the renewal term of April 10, 2003 through April 9, 2004. The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. E~ WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSULTANT ATTEST: Ha. zen & SawTer, P.C. By: ,~/"~'.~ ,X~_~.-oa,4ee_ By: /6x] b~'4- IQ ~ ~. Dated: ,~/~-/o.3 Title: V Dated: CORPORATE SEAL, Approved as to form and Leg~ -/<._. OWNER: Robert N. Zacha(y- Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA §tep~'~ ~[. (~arnell Director of Purchasing and General Services .o./t,-o MAY 1 3 2003 EXHIBIT A-I Contract Amendment No. 1 #00-3119 "Annual Contract for Utility. Engineering Consultant Services" This amendment,, dated April 10, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, Hole Montes & Associates, Inc. (to be referred to as "Consultanf') and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 00-3119 "Annual Contract for Utility Engineering Consultant Services" The Consultant agrees to amend the above referenced Contract as per Schedule "A-i" attached to this Amendment, and incorporated herein by reference. This amendment shall cover hourly rote increases to the original Collier County, Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published January i 6, 2003. This amendment represents a 2.5% increase to the Fee Schedule for the renewal term of April 10, 2003 through April 9, 2004. The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreemeTM shall remain in force. [N WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSULTANT ATTEST: ) / ! Corporate Secretary/Witness H,61e Montes & Associates, Inc. By: ..~,,/z^. X/ fl/~z ,'/r./ By: ~ ~::.~<:~e.~m,, ~. Dated: ~f,/'~/,,z Title: ~.~ ~r'?~.e_ t~_~'k~.,~ D ea: z/zV/o CORPORATE SEAL Approved as to form and Leggy: Robe/NQ. }5a2~__/t'4~ OWNER: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~/~ St~phet Y. ~akflell Director of Purchasing and General Services ,MAY EXISXBIT A-1 Contract Amendment No. 1 #00-3119 "Annual Contract for Utility Engineering Consultant Services" This amendment, dated April 10, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, Malcolm Pimie, Inc. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 00-3119 "Annual Contract for Utility Engineering Consultant Services" The Consultant agrees to amend the above referenced Contract as per Schedule "A-I" attached to this Amendment, and incorporated herein by reference. This amendment shall cover hourly rate increases to the original Collier County Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published January 16, 2003. This amendment represents a 2.5% increase to the Fee Schedule for the renewal term of April 10, 2003 through April 9, 2004. The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. LN WITNESS WTIEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSULTANT ~ecretary/Wimess Malcolrr~ Pimie, Inc. By: fi/7..,~b t~. ~ By: ~~"~ ~ ~Y~L~L~ ~ ~2. Dated: 6Z//,,~'~/o~ TD~talt:&: OOxt CORPORATE SEAL Approved as to form and Legal sufficiency: R ary Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Director of Purchasing and General Services i " AG£I~OA ITEM_ MAY 1 3 2003 EXH~IT A-1 Contract Amendment No. 1 #00-3119 "Annual Contract for Utility Engineering Consultant Services" This amendment, dated April 10, 2003 to thc referenced agreement shall be by and between the parties to the original Agreement, Mctcalf & Eddy, Inc. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 00-3119 "Annual Contract for Utility Engineering Consultant Services" The Consultant agrees to amend the above referenced Contract as per Schedule "A-I" attached to this Amendment, and incorporated herein by reference. This amendment shall cover hourly rate increases to the original Collier County Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published January, 16, 2003. This amendment represents a 2.5% increase to thc Fee Schedule for the renewal term of April 10, 2003 through April 9, 2004. The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. EN WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ~ss±stanr C6~rp~ate Secretary/Witness Metcalf& Eddy, ~ By: R±chard D. Howard By: Mark S. Blanchard Dated: 3/4/03 Title: Vice President Dated: March 3, 2003 CORPORATE SEAL Approved as to form and Le~': 1<, OWN : Robert N. Zac~.' Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~C~ll ~--~/~ Director of Purchasing and General Services MAY !3 2003 { ~IT A-1 Contrnct Amendment No. 2 #00-3184 "CEI Services for Collier County Road Projects" This amendment, dated May 8, 2003 to the referenced agreement shall be by and between the parties to thc original Agreement AIM Engineering and Surveying, Inc. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 00-3184 "CEI Services for Collier County Road Projects" In order to continue the services provided for in the original Contract document referenced above, the Consultant agrees to amend the above referenced Contract as per Schedule "A-I' attached to this Amendment, and incorporated herein by reference. This amendment shall cover hourly rate increases to the original Collier County Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published January 16, 2003. This amendment represents a 2.5% increase to the Fee Schedule for the renewal term of May 8, 2003 through May 7, 2004. The Consultant a~ees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. EN WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSULTANT ATTEST: Jerron Hull Bruce F. Edwards Corporate Secretary--. , AIM Engineering and Surveying, Inc. Dat~. February 28, 2003 Title: Vice President Dated: February 28, 2003 CORPORATE SEAL Approved as to form and Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA §tePl~ei~ Y. Cfiknell Director of Purchasing and General Services | ^(;~g~ MAY EXIql~IT A-1 Coatract Amendment No. 2 #00-3184 "CEI Services for Collier County. Road Projects" This amendment, dated May 8, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, Barraco & Associates, Inc. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 00-3184 "CEI Services for Collier County Road Projects" In order to continue the services provided for in the original Contract document referenced above, the Consultant agrees to amend the above referenced Contract as per Schedule "A-I" attached to this Amendment, and incorporated herein by reference. This amendment shall cover hourly rate increases to the original Collier County' Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published January 16, 2003. This amendment represents a 2.5% increase to the Fee Schedule for the renewal term of May 8, 2003 through May 7, 2004. The Consultant a~ees that this amends the original Contract. All other terms and conditions of the a~eement shall remain in force. LN WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATT~T: 1 . CONSULTANT CorpOrate Secretar?. :/Wit~ess~ B D~te~: ~ q /b,/~, ~ Title: ,~l~r Dated: ~ It, [~ ~ CORPORATE SE.ad_ Approved as to form and Robert N. Zagh~,~ Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER,~ COUNTY,. By: ~/~./h ~ , Director of Purchasing and General Services EXFHB~ A-1 Contract Amendment No. 2 #00-3184 "CEI Services for Collier County Road Projecta' This amendment, dated May 8, 2003 to the referenced agreement shall be by and betWeen the parties to the original Agreement Consult-Tech Construction Management, Inc.. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 00-3184 "CEI Services for Collier County Road Projects" In order to continue the services provided for in the original Contract document referenced above, the Consultant agrees to amend the above referenced Contract as per Schedule "A-I" attached to this Amendment, and incorporated herein by reference. This amendment shall cover hourly rate increases to the original Collier County.' Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published January. 16, 2003. This amendment represents a 2.5% increase to the Fee Schedule for the renewal term of May 8, 2003 through May 7, 2004. The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on' the date(s) indicated below. ATTES' ~e C/6rp/~te Sefir%tary/Wimess C nt. Inc. Dated: ~- Z~-o '~_ Title: - /'-~/~t.r-~F2,,~,,~--r- Dated: /')3. O~ · OX CORPORATE SEAL Approved as to form and Legal~suffici · Assistant County. Attorney BOARD OF COUNTY COM2MISSIONERS COLLIER COUNTY, FLORIDA '~t~ph~n~ Y] ~C~nell Director of Purchasing and General Services MAY' EXIIIBIT A-1 Contract Amendment No. 2 #00-3184 "CEI Services for Collier County. Road Projects" This amendment dated May 8, 2003 to the referenced agreement shall be by and between the parties to the original Agreement HI)R Construction Control Corporation. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 00-3184 "CEI Services for Collier County Road Projects" In order to continue thc services provided for in the original Contract document referenced above, the Consultant agrees to amend the above referenced Contract as per Schedule "A-I" attached to this Amendment, and incorporated herein by reference. This amendraent shall cover hourly rate increases to the original Collier County Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published January 16, 2003. This amendment represents a 2.5% increase to the Fee Schedule for the renewal term of May 8, 2003 through May 7, 2004. The Consultant a~ees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. EN WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSULTANT Cfff-porate Secretary/Witness I-DR Construction Control Corporation Dated: ~,.0 -It>- 0 ~ Title: Dated: CORPORATE SEAL Approved as to form and Legal sufficiency: OWNER: Robert N. ~actufry ' Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA g~e~'fi~n Y'. Offmell Director of Purchasing and General Services AGE~;}_A j~' - ~o. MAY 1 3 2003 EXHIBIT A-1 Contract Amendment No. 2 #00-3184 "CEI Services for Collier County. Road Projects" This amendment, dated May 8, 2003 to the referenced agreement shall be by and between the parties to thc original Agreement Hole Montes, Inc. (to be referred to as "Consultant") and Collier Count, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 00-3184 "CEI Services for Collier County Road Projects" In order to continue thc services provided for in the original Contract document referenced above, the Consultant agrees to amend the above referenced Contract as per Schedule "A-i" at*ached to this Amendment, and incorporated herein by reference. This amendment shall cover hourly rate increases to the original Collier County, Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published January 16, 2003. This amendment represents a 2.5% increase to the Fee Schedule for the renewal term of May 8, 2003 through May 7, 2004. The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. EN WITNESS WI-I~R~OF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. /AiJf~ST: x) tn CONSULTANT Corporat~tar~/Witness Hole Montes, Inc~ Dated: ~ ( BI O ~ Title: Dated: CORPOIL~.TE SEAL Approved as to form and OWNER: Robert N. Zacl~ary Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 'S~ph~nY'. Cq/amell ' Di~rector of Purchasing and General Services E3Otl]B~ A-1 Contract Amendment No. 2 /400-3184 "CEI Services for Collier County Road Projects" This amendment, dated May 8, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, Johnson Engineering, Inc. (to be referred to as "Consultant") and Collier County., Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 00-3184 "CEI Services for Collier County Road Projects" In order to continue the services provided for in the original Contract document referenced above, the Consultant agrees to amend the above referenced Contract as per Schedule "A-I" attached to this Amendment,. and incorporated herein by reference. This amendment shall cover ham-ly rate increases to the original Collier CounD' Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published January' 16, 2003. This amendment represents a 2.5% increase to the Fee Schedule for the renewal term of May 8, 2003 through May 7, 2004. The Consultant a~ees that this amends the original Contract. All other terms and conditions of the a~eement shall remain in force. LN WITNESS WltEREOF, the Consultant and the O~vner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below-. CONSUL/ANT CorporaterSecretary/Witness Johnson Engineering, Inc. By: ~ ~' ~[/L~- By: Steven K. Morrison Dated: 3-/n- O~ Title: President Dated: CORPORATE SEAL Approved as to form and Kob~C'~N Zach~/~//t /'J OWNER: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ep fi ¥. C/ n Director of Purchasing and General Services MAY I 3 2003 EXgHBIT A-1 Contract Amendment No. 2 -- #00-3184 "CEI Services for Collier County Road Projects" This amendment, dated May 8, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, KCCS, Inc. (to be referred to as "Consultant") and Collier County,, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 00-3184 "CEI Services for Collier County Road Projects" In order to continue thc services provided for in the original Contract document referenced above, thc Consultant agrees to amend the above referenced Contract as per Schedule "A-I" attached to this Amendment, and incorporated herein by reference. This amendment shall cover hourly rate increases to the original Collier County Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published January 16, 2003. This amendment represents a 2.5% increase to the Fee Schedule for the renewal term of May 8, 2003 through May 7, 2004. The Consultant a~ecs that this amends thc original Contract. All other terms and conditions of thc a~cemcnt shall remain in force. LN WITNESS WHEREOF, the Consultant and the Owner have each. respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSULTANT Jose LaRussa, P.E. C .) By: ,e~-~a ~ ~ By: Date/d(/ blarch 5, 2003 Title: Ch±e£ Execut±ve Off±cer Dated: March 5, 2003 COiKPORATE SE.ad. Approved as to form and Robert N. Zachary Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 'S ~11 Director of Purchasing and General Services / MAY 13 2003 I EXIqlBIT A-I Contract Amendment No. 2 ~fl)0-3184 "CEI Services for Collier County Road Projects" This amendment, dated May 8, 2003 to the referenced agreement shall be by and between the parties to the original Agreement PBS&J (to be referred to as "Consultant") and Collier County,, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 00-3184 "CEI Services for Collier County Road Projects" In order to continue the services provided for in the original Contract document referenced above, the Consultant agr~ ees to amend the above referenced Contract as per Schedule "A-I" attached to this Amendment, and incorporated herein by reference. This amendment shall cover hourly rote increases to the original Collier County. Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published January 16, 2003. This amendment represents a 2.5% increase to the Fee Schedule for the renewal term of May 8, 2003 throu~mh May 7, 2004. The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. lin WIT/hESS WgYEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent,, hereunder set their hands and seals on the date(s) indicated below'. CONSL~LTANT Corporate Sea:rotary/WitneSs* PBS&J By: By: John Zumwalt D~ed: '-~{act~&: .~-~3 -Title: ~resiaent Dmed: CORPORATE SEAL Approved as to form and ./¥ Robert N. Zaeff'ary Assistant County. Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Director of Purchasing and General Services EXHIBIT A-1 Contract Amendment No. 2 #00-3184 "CEI Services for Collier County Road Projects" This amendment, dated May 8, 2003 to the referenced agreement shall be by and between the parties to the original Agreement Wilson Miller, Inc. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 00-3184 "CEI Services for Collier County Road Projects" In order to continue the services provided for in the original Contract document referenced above, the Consultant agrees to amend the above referenced Contract as per Schedule "A-I" attached to this Amendment, and incorporated herein by reference. This amendment shall cover hourly rate increases to the original Collier County Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published January. 16, 2003. This amendment represents a 2.5% increase to the Fee Schedule for the renewal term of May 8, 2003 through May 7, 2004. The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. EN WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and: t~s on the date(s) indicated below. s ~n Miller, Inc. By: John Boutwell By: John H. DeWinkler Dated: 3/3/03 Title: Sr. Vice President Transporation Dated: 3 / 3 / 03 CORPORATE SEAL Approved as to form and Le~ ./~~ ¢~,al sufficiem:.v~<[ ,,d' ~ ~ OWNER: Assist~t Coun~ A~omey BO~ OF CO~ CO~SSI0~RS COLL~R CO~, FLORA ~tdphe~Y. Cm ' ~' Dkector of P~chas~g ~d General Se~ices 80. -- MAY EXECUTIVE SUMMARY RECOMMENDATION TO CLARIFY CURRENT PURCHASING POLICY REGARDING THE ACCUMULATION AND SUBSEQUENT RELEASE OF CONTRACTOR RETAINAGE OBJECTIVE: To provide staff managing County contracts with clearer direction regarding the accumulation and subsequent release of funds retained by the County during the delivery of contractual services. CONSIDERATIONS: County departments employ a variety of practices to promote effective contractor performance. One such practice is the retaining of a portion of the funds payable to a contractor for part or all of the contract term. Known more commonly as "retainage", these funds are typically released when all of the contract scope is completed and accepted. The accumulating and subsequently releasing of retainage is a sound contracting technique clearly set forth under and presently deployed within the County's standard construction agreements. Historically, project managers have exercised discretion to periodically adjust the amount of retainage withheld and/or to release a portion of the accumulated retainage prior to final completion of the project deliverables where circumstances warrant. Pursuant to on going efforts to clarify contract procedures and practices, staff is recommending that the current purchasing policy be amended to formally establish general authorization and parameters for adjusting and releasing contractor retainage. The proposed language would be inserted in section XIV of the policy and would apply to all contracts under the purview of the Board. FISCAL IMPACT: Thero is no direct fiscal impact resulting from this recommendation. GROWTH MANAGEMENT IMPACT: There is no direct impact on the growth management plan resulting from this action. RECOMMENDATION: That the Board of County Commissioners amend the purchasing policy in accordance with the enclosed resolution and that the Chariman be authorized to sign the enabling resolution on behalf of the Board. ~ -~ ~' ~ ~' Date: SUBMITTED BY: . ~, ~'~ ' Steve Carnefl, Purc~ing/General Services Director REVIEWED BY: ~_~(mes L. Mitchell, ' Date: Director of Finance and Accounting P, Interim Administrative Services Administrator M ,Y 1 3 2003 Pg. // J. Payments to Contractors1 Vendors and Consultants Prior to the execution of a formal contract subject to this policy, the Purchasing Department shall have the discretion to establish a formal payment schedule and payment terms within the agreement. Such terms and conditions shall be consistent with the requirements of all applicable laws and the formal solicitation documents. The Purchasing Director, or his designee shall have the discretion to establish, in writing, a schedule(s) to periodically reduce the percentage of cumulative retainage held through out the course of the project schedule. The discretion of the project manager to reduce the percentage of cumulative retainage shall be subject to the following: 1. That the term "cumulative retainage" is defined to mean "the dollar total of the funds retained from all payments issued under the contract divided by the gross dollar total of all monthly pay requests (or the total of all payment amounts deemed allowable by the project manager, whichever is less)". 2. That any decision to reduce retainage shall be formally communicated in a letter to the Contractor's appropriate representative and that the letter affirmatively states that the Contractor has performed the contract work in a satisfactory manner. 3. That the cumulative retainage not be adjusted until at least 50% of the work has been completed and payment has been issued. 4. That the Purchasing Director's letter expressly sets forth the percentage of cumulative retainage to be held for the remaining pay requests. The Purchasing Director's designee shall be also be granted the discretion to authorize the partial release or payment of contract retainage to the contractor prior to final completion of all project work provided that: 1. The contractor has performed in a satisfactory manner to date. 2. The total aggregate work under the agreement is at least 50% completed and accepted (i.e.; payments equaling at least 50% of the contract amount less retainage have been issued). 3. The retainage to be released is pursuant to the full and final completion of a specific task(s), assignment(s) or milestone(s) identified in the agreement. 4. The retainage dollar amount to be released is based upon and consistent with the prevailing percentage of cumulative retainage being held at the t, me that the retainage is released. I AGENDA ITEM, · MAY 132003 ] ! -/ RESOLUTION NO. 2003- RESOLUTION AMENDING BOARD RESOLUTION 2001-482 AND THE PURCHASING POLICY REFERENCED THERBY WHEREAS, Collier County Ordinance 87-25 provides for the establishment of a purchasing policy to govern all aspects of purchasing administration; and WHEREAS, The Board of County Commissioners on December 11,2001 adopted an updated purchasing policy by Resolution 2001-482; and WHEREAS, County staff seeks to clarify authorizations and requirements pertaining to the proper management of vendor and contractor agreements. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Resolution 2001-482 as previously amended by the Board is hereby further amended by this Resolution as shown in, attached hereto and incorporated herein by reference. This Resolution adopted after motion, second and majority vote, favoring same. DATE: , 2003 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk By: Tom Henning, Chairman By: Maureen Kenyon, Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Robert Zachary, Assistant County Attorney A GE/~1~1~ ITEM, .o./~ -~--]q MAY 1 3 2003J EXECUTIVE SUMMARY REQUEST APPROVAL OF A FIRST AMENDMENT TO LEASE AGREEMENT WITH ABBAS AHRABI ASLI FOR BUILDING UTILIZED BY THE PROPERTY APPRAISER'S OFFICES. OBJECTIVE: To obtain Commission approval of a First Amendment to Lease Agreement with Abbas Ahrabi Asli for the office building located at the comer of Airport Road and East Tamiami Trail. CONSIDERATIONS: On June 13, 2002. the Board of County Commissioners approved a Lease Agreement with Abbas Ahrabi Asli, as Lessor, for the above-mentioned office building. The Lease Agreement requires the Lessor to provide maintenance on certain systems within the building, such as electrical, plumbing, air-conditioning and landscaping. While the Lessor thus far has performed its obligations according to the Lease, the Property Appraiser would prefer that the County take over these responsibilities so that staff may better serve the needs of his office by providing responsive, efficient service when such maintenance issues arise. Staff is also expecting to show a cost savings if the County was to take on these maintenance items. The Lessor has agreed for the County to take over the maintenance of these systems, and, in consideration thereof, has agreed not to increase the Common Area Maintenance (CAM) charges over the next two years of the Lease. This will result in an estimated cost savings of approximately $40,228. The County will continue to see cost savings throughout the remaining years of the Lease since the Lessor will not be passing on the increased cost of repairs to these items through the CAM fees. As of this date, the County has paid the CAM fees for the months of January through April. The CAM charges are considered additional rent and are paid by the County to the Lessor on a monthly basis. These fees reflect costs associated with the actual operations of the property. The fee may include, but not be limited to, landscape maintenance, plumbing, electrical, heating and cooling systems, property taxes, management fees, and general building maintenance. The tees fluctuate annually. FISCAL IMPACT: Cost for these repairs are budgeted within the Facilities Management operating cost centers. GROWTH MANAGEMENT IMPACT: There in no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the First Amendment to Lease Agreement with Abbas Ahrabi Asli and authorize its Chairman to execute same. 1 MAY 1 3 2003 First Amendment to Lease Agreement Page 2 PREPARED B ~ ~._o..~ ~ ~ DATE: '~"'Mi~hael H. Dowling, ~r~ert '~nagement Specialist Real Estate Services ~VIEWED BY: A~C ~ Ch;~ies E. Car~ington, J}., S~~anager Real Estate Services REVIEWED BY~ff~~~~ffi~.-' DATE: ~- 6aaiei ~. Rodriguez, ~~ector Facilities Manage~t Dep~rtment APPROVED BY:~--.~p ~,~ : . .'. ~:~imp, Interim Administrator Administrative Services Division PlAY 1 3 200] Lease #888 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST .~.MENDMENT TO LEASE AGREEMENT is entered into this. day of 2003 at ~'~"'~aples, Collier County, Florida, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, whose ailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE" and ABBAS AHRABI ASLI, whose mailing address is 4?3 Banyan Boulevard, Naples. Florida 34102, hereinafter referred to as "LESSOR." WlTNESSETI 1 WtlEREAS. the Board of County Commissioners of Collier Co~nty, Florida and Abhas Ahrabi Asli have previously enlered into a Lease Agreement dated June 13, 2002; and WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement; NOW TttEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement dated June 13, 2002, and Te,~ Dollars ($10.130) and other valuable consideration, said Lease Agreement is hereby amended as follows: 1. In addition to those responsibilities assigned to LESSEE in Article $, LESSEE agrees to assume full responsibility for procuring and paymen! of maintenance, replacement, and repair of, and full liability for, the complete interior and exterior electrical system, including but not limited to the interior and exterior lighting system, interior plumbing system, fire safety system, including but not limited to the fire sprinkler system, complete air-conditioning system, security system, landscaping, irrigation system, and elevator system. LESSOR relinquishes LESSOR'S rights to a set of keys Io the Demised Premises and to the security system arming and disarming codes. For the purposes of work related to the air-conditioning system, LESSOR authorizes LESSEE the right to access the roof, at any time, without prior approval from LESSOR, in order to inspect, repair and maintain the air-conditioning system. The roof is and shall be under padlock at all times and its keys shall exist in two copies and be in the possession of LESSOR and LESSEE alone. LESSOR is relieved of any responsibility and liability with respect to the above that may have previously existed. Other than as provided for in the following exemption, the provisions of this paragraph shall in case of conflict with an interpretation of another provision of the Lease Agreement be deemed to take precedence. The provisions of this paragraph shall not affect the provisions of Article ?. 2. LESSOR agrees to maintain the Common Area Maintenance (CAM) charges referred to in Article 5 for the first two (2) years of the Lease at the amount agreed upon at the time in which the Lease Agreement dated June 13, 2002 was executed. If, on the second year anniversary of this Lease and each year thereafter throughout the life of this Lease. the CAM is required to be revised as provided for in the Lease, the LESSOR agrees to limit the increase of the CAM to an amount not to exceed the aclual operating costs as per Article 5. 3. Except as expressly provided herein, the Lease Agreement between Collier County and Abbas Ahrabi Asli dated June 13, ~--a002 remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are ~licable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this First Amendment to Lease Agreement the day and )'ear first above written. AS TO TtIE LESSEE: BOARD OF COUNTY COMMISSIONERS, DATED: COLLIER COUNTY, FLORIDA ATTEST: DWIGttT E BROCK. Clerk BY: TOM HENNING, Chairman BY: Deputy Clerk AS TO TttE LESSOR: Witness (Signature) (Print Name) W~/~/q_/Zess (SignatuLqL/ (Print Name) Approved as to form and legl~fsufficiency: David C. Weigel, County/Attorn~ EXECUTIVE SUMMARY RECOGNIZE AND APPROPRIATE $3,799 IN ADDITIONAL REVENUE FROM A FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS STATE AND LOCAL ASSISTANCE (SI.A) GRANT AND APPROVE THE NECESSARY BUDGET AMENDMENT OBJECTIVE: Board of County Commissioners approval to accept additional funding in the amount of $3,799 from the FEMA State and Local Assistance Grant. CONSIDERATIONS: The Federal Emergency Management Agency (FEMA), through the Florida Department of Community Affairs, routinely makes funds available for state and local emergency management programs. The FY 02-03 budget anticipated $38,000 in revenue from the SLA Grant and this amount was budgeted for Regular Salaries. The actual amount to be awarded is $41,799, of which $3,799 must be recognized and appropriated by budget amendment. The acceptance of SLA funds requires a dollar for dollar local government match. The budget amendment reflects this match by increasing the funds for regular salaries. An increase for regular salaries is needed to pay for the one month overlap of salaries for the new and incumbent Emergency Management Director. FISCAL IMPACT: Increase of $3,799 to FY 03 Emergency Management General Fund (001) by budget am6ndment. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: Recommendation that the Board of County Commissioners recognize and appropriate $3,799 in additional revenue from a Florida Department of Community Affairs State and Local Assistance (SLA) grant and approve the necessary Budget Amendment. // PREPARED & APPROVED B~ ,2'-~'o.~- DATE:'~/zz/r-~ Kenneth F. Pi~eau, Emergency Management Director STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" COLLEEN cASTI LLE IEB BUSH Secretary Governor April .14, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Kenneth Pineau, Director Collier County Emergency Management 3301 Tamiami Trail East Naples, Florida 34112 RE: AWARD LETTER Agreement # 03BG-04-09-21-01-011 Dear Mr. Pineau: In accordance with Section IV, Modification of Contract, this Award Letter serves as a legal modification to your Base Grant Agreement. This Award Letter provides FEDERAL funds to your County in the amount of $41,799. Because the Division received an increase in this year's Federal Emergency Management Performance Grant award, we are able to provide $4,317 in ADDITIONAL funds to your county. These federal funds continue to require a dollar for dollar non-federal match. Please ensure that your County can provide the required additional match before accepting these funds. This Award Letter increases your County's total amount of funding under this Agreement to $144,995. You must return the attached budget form (Attachment A-1) showing the anticipated ~xpe~lditure of the Federal ~r~ds. All other terms and cond:,tions of ~h¢ Agrcc,,-ncn~ shall remain in full force and effect. Please make this a part of your Agreement file. INo~GENDA L~E J'J, 2SSS SHUMARD OAK BOULEVARD ® TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466/Suncom 278'8466 FAX: (850) 921-07~l/Suncom 291'0781 tnternet address: http://www.dca.state-fl.us CRITI~L STATE CONCERN FIFLD OFFICE COMMUNITY P~NNING EMERGENCY ~NAGIMENT HO~SING b COMMUNITY DEVELOPMENT 2796 Ore,cas Highway. Suite 212 2555 Shu~d Oak 8Dullard 2555 Shu~fd Oak Boulevard 2555 Shumard Oak 8oulevald Mat3lhon. FL 33050-2227 Till~has~. FL 32399-21~ T3llihass~. FL 3239~21~ ]illah~ssee. FL 32399-21~ (305) 289-2402 (850) 488-23S6 (850) 413-9969 (850i 488-7956 Mr. Kenneth Pineau, Director Page Two April 14, 2003 Should the County not wish to accept these additional funds, then the County must provide notice to the Department within (30) days of receipt of this Award Letter. Otherwise, the county shall provide to the Department its written notice of acceptance within forty-five (45) days of receipt of the Award Letter. The terms of this Agreement shall be considered to have been modified to include the additional funds upon receipt of the written notice of acceptance. This is in accordance with Section IV, Modification of Contract. Rule 9G-i 9.006(4), _Florida Administrative Code provides for the reallocation of any unspent (State EMPA) Base Grant funds. All funds were utilized by the counties in Fiscal Year 2001-02; therefore, no funds are available for reallocation for Fiscal Year 2002-03. You may indicate your acceptance of these funds by signing and returning a copy of this Award letter and the attached budget page to Ms. Dee Giles, Department of Community Affairs, Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. Respectfully, y W. Craig Fugate, Director Division of Emergency Management WCF/dgs Attachment 1 accept the additional funds and agree to all terms and conditions as set forth in the EMPA Base Grant Agreement. County: COLLIER Authorized Official: Tom Henning Title: Chairman., Board of County Commissioners Attachment A- ! Budget The anticipated ¢×pendimres for the Categories listed below are for the Emergency Management Performance (EMPG) Federal portion of this subgrant only (paragraph (16)(a), FUNDING/ CONSIDERATION)- _Anticipated Expenditures AmounJ ~ 41,799. $ Salaries/Fringe Benefits Other Personal Services Expenses $ Operating Capital Outlay Fixed Capital Outlay 41,799. Total Federal Funds $ BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE May 13, 2003 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes. Chapter 136.06(1), the disbursements tbr the Board of County Commissioners for the period: 1. Disbursements for April 12. 2003 through April 18.2003 B. Districts: 1. Heritage Greens Community Development District - Minutes of Meeting held on January 13, 2003; Financial Statement dated December 31. 2002 2. Port of the Islands Community Improvement District - Minutes of Meeting held on January 17, 2003; Minutes of Meeting held on February 21, 2003; Financial Report dated January 17, 2003 and Financial Report dated February 21, 2003. 3. Minutes: Lely Community Development District Minutes of May 15. 2002: June 19, 2002; August 14, 2002; September 11. 2002: October 16. 2002i November 13, 2002; December 18, 2002: January 15, ~.00~: March 19, 2003 C. 1. Collier County Hispanic Advisory Board - Agenda for March 27.2003. 2. Pelican Bay Services - Agenda for April 2.2003: Nlinutes of March 5. 2003. 3. Productivity Committee Meeting - Minutes of March 19, 2003 4. Development Services Advisory Committee - Agenda for April 2. 2003: Minutes of March 5, 2003 5. Environmental Advisory Board - Agenda for April 2, 2003; Minutes of March 5, 2003. 6. Collier County Planning Commission - Agenda for ~,,rll ~ '~nn3. :\zca&, for April 17, 2003; Minutes of March 20.2003. No ,~..~ MAY 13 2005 f It:Data/Format pg. _ 7. Bayshore Gateway Triangle Local Redevelopment Advisory Committee - Agenda for April 2, 2003 8. Bayshore Beautification M.S.T.U. - Agenda for April 9, 2003. Minutes of March 12, 2003. 9. Collier County Library Advisory Board - Agenda for March 26, 2003; Minutes of February 26, 2003. 10. Immokalee Beautification M.S.T.U. Agenda for April 16, 2003: Minutes of March 19, 2003. 11. Golden Gate Estates Land Trust Committee - Minutes of April 22. 2002 June 25, 2002, August 26, 2002, October 7. 2002. January 16. 2003. 12. Golden Gate Beautification Advisory Committee - Agenda for April 8, 2003; Minutes of March 11, 2003. 13. Forest Lakes Road~vav and Drainage M.S.T.U. - Advisory Committee - April 18. 2003. 14. Ochopee Fire Control District - Minutes of March 3 _00o. " 15. Radio Road Beautification M.S.T.U. - Minutes of March 18, 2003. 16. Collier Count,,' Airport Authority - Agenda for April 14. ,00.~. Minutes of March 10, 2003. 17. Lely Golf Estates Beautification Advisory Committee - Agenda for April 17, 2003, Minutes of March 20, 2003. 18. Workforce Housing Advisory Committee - Agenda lbr April 14. ~,00o. 19. Immokalee Local Redevelopment Advisory Board - April 23. 2003. 20. Historical & Archaeological Preservation Board - Agenda lbr April 16. 2003; Minutes of March 19, 2003. 21. Vanderbilt Beach M.S.T.U. - Agenda for April 3. 2003. 22. Parks and ;',ecreation Advisory Board - April 16, 2003' Minutes of March 19, 2003. 23. Collier County Citizens Corps Advisory Committee - Workshop for March 27, 2003; Agenda for March 20, 2003, Minutes of March 20. 200_3. 2003 H:DataYFormat Pg~ ~ EXECUTIVE SUMMARY AUTHORIZE THE COUNTY ATTORNEY'S OFFICE TO MAKE A BUSINESS DAMAGE OFFER TO SETTLE A CLAIM FOR BUSINESS DAMAGES BY FOGG'S NURSERY AND MULCH SUPPLY, INC. ASSOCIATED WITH THE ACQUISITION OF PARCEL 112 IN THE LAWSUIT STYLED COLLIER COUNTY V. NORMA E. BANAS, ET AL., CASE NO. 02.5137-CA (IMMOKALEE ROAD PROJECT #60018). OB.JECTIVE: Authorize the County Attorney's Office to make a business damage offer to settle a claim for business damages associated with the acquisition of Parcel 112 in the lawsuit styled Collier County v. Norma E. Banas, et al., Case No. 02-5137-CA. CONSIDERATIONS: An Order of Taking hearing is scheduled to be heard on May 13, 2003 in Collier County Circuit Court regarding the fee simple acquisition of Parcel 112 for the Immokalee Road project (Project No. 60018). Following the hearing, the County will deposit with the Court .Registry its good faith estimate of value estimated to be at least $135,400.00 for Parcel 112. On January 28, 2003, Collier County received a business damage claim in the amount of $12,934.00 from Respondent, Fogg's Nursery & Mulch Supply, Inc. in connection with Parcel 112. County staff recommends a business damage offer of $3233.00. The County's business damage expert, Gregory, Sharer & Stuart, supports the County's offer. FISCAL IMPACT: Funds in the amount of $3233.00 are available in the Transportation Supported Gas Tax Fund and Impact Fee Funds. Source of t)mds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. authorize the County Attorney's Office to make a business damage offer; 2. approve the expenditure of the funds as stated; and 3. direct staff to include this sum in settlement with the full compensation to the owner of Parcel 112. SUBMITTED BY: ~ LJ~''~ ' Date: V//(~/~ ~ - ..... ~,., H~~nty--;/-~ Attorney ~K~;i~-'end' ;, ~ OW AcquiX~ti~Man ager Gregg Strakaluse, P.E., Director TransportationfECM REVIEWED BY: Date: Norm/ Feder, Administrator Tra?sportation Division APPROVED BY~o ~y~__~. (' David C. Weigel, County Attorney h: Lit~EmDomainkBanas\exsum- 112 Parcel 112 Fee Taking Zoom View -Aerial Photograph of Subject & Parcels 112 EXECUTIVE SUMMARY AUTHORIZE THE COUNTY ATTORNEY'S OFFICE TO ACCEPT AN OFFER OF JUDGMENT FROM RESPONDENT, JOHN A. PULLING, JR., TRUSTEE, TO SETTLE A CLAIM FOR BUSINESS DAMAGES IN CONNECTION WITH THE ACQUISITION OF PARCEL 104 IN THE LAWSUIT STYLED COLLIER COUNTY V. JOHN A. PULLING, JR., ET AL., CASE NO. 02.1908-CA (LIVINGSTON ROAD PROJECT #62071). OB~IECTIVE: Authorize the County Attorney's Office to accept Respondent, John A. Pulling, Jr., Trustee's, Offer of Judgment to settle a claim for business damages associated with the acquisition of Parcel 104 in the lawsuit styled Collier County v. John A. Pulling, Jr., et al., Case No. 02-1908- CA. CONSIDERATIONS: Collier County settled outside of court with the fee owner as to the taking of Parcel 104. An Order of Taking hearing was heard on September 5, 2002 in Collier County Circuit Court regarding the fee simple acquisition of Parcel 104 as to all interests except the fee owner for the Livingston Road project (Project No. 62071). Collier County received a business damage claim in the amount of $207,100.00 from Respondent, John A. Pulling, Jr., Trustee, in connection with Parcel 104. The County's business damage expert, Gregory, Sharer & Stuart, reviewed the claim and advised the County to offer $3000.00 to settle the claim. Subsequently, the County received a second business damage report from Respondent, John A. Pulling, Jr., Trustee, in the amount of $154,829.00 on March 26, 2003. Collier County received an Offer of Judgment to settle the business damage claim in the amount of $73,000.00. Attorney, Joe Fixel, Dave Salverson of Gregory, Sharer & Stewart, and Douglas Gordon, Collier County Acquisition Specialist, recommend that this offer be accepted. FISCAL IMPACT: Funds in the amount of $73,000.00 are available in the Transportation Supported Gas Tax Fund and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with Collier County Grow'th Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. authorize the County Attorney's Office to accept the Offer of Judgment; 2. approve the expenditure of the funds as stated; and 3. approve an Agreed Order regarding the business damage claim including statutory attorney's fees. SUBMITTED~ BY: Date: Heidi F. Ashton, Assistant County Attorney REVIEWED BY: ~~/'/"~/? Date: 4, {4 -d~ /,,~v~jI~nd~, RO"~V acq~t~'~on Manager Transponatio~C~ROW ~V~D BY: Date: /Z W~ Gregg Strakaluse, P.E., Director Transponatio~CM / / / ~Vm~D BY: .~ ~ Date: ,?~ Ne~ Feder, Administrator Transportation Division APPROVED BY: ~?. -'-'- J ~i7~- ~"' Date~-/"') - O '~ b~avid C. Weiser', CountyTAttomey ATTORNEY, IN 'FILE CIRCUIT COURT OF THE 20TH 26 P~ t: ~ID!CIAL CIRCUIT, IN ANrD FOR COLLIER ,.. O ...NFS, FLORIDA CASE NO.' 02-1908-CA FLA.B,M~..NO. :454419 COLLIER COUNTY, FLORIDA, a : political subdivision of the State : of Florida, : : PARCEL NO.: 104 Petitioner, : JOHN A. PULLING, JR., Trustee, et al.,: Defendants· ' OFFER OF JUDGMENT TO: Heidi Ashton, Esq. Assistant County Attorney Collier County Office of the County Attorney ..... ~ Harmon Turner Building 330l East Tamiami Trail Naples, FL 34112 Respondents/Defendants, JOHN A. PULLING, JR., TRUSTEE, et al, pursuant to Section 73.032 of the Florida Statutes and Rule 1.442 of the l~lorida Rules of Civil Procedure, do hereby make this binding offer of judgment in this action to Petitioner/Plaintiff, COLLIER COUNTY, for all pending claims, including compensation relating to business damages, but exclusive of attorneys fees and costs, arising out of the taking of Parcel No. 104, in the total amount of SEVENTY THREE THOUSAND DOLLARS ($73,000.00). l RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A FTL:IO11207:1 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 offer is based on the present Collier County construction plans and specifications for this project. Dated this en0q~ day of March, 2003. RUDEN, McCLOSKY, SMITH SCHUSTER & RUSSELL, P.A. Attomeys for Pulling, etc. 200 East Broward Boulevard, 15th Floor Post Office Box 1900 Fort Lauderdale, Florida 33302 (954)7~2~60; Fax: (954)7.64°4996 Thomas R. Bolf Fla. Bar No. 454419 CERTIFICATE OF SERVICE ~ HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail R. etum Receipt Requested to Heidi Ashton, Esq., Collier County Attorney's Office, Harmon Turner Building, 3301 E. Tamiami Trail, Naples, FL 34112-4901, and by regular U.S. Mail to Joe W. Fixel, Esq., Fixel, Maguire &Willis, 211 S. Gadsden Street, Tallahassee, FL 32301, this~Ct~day of March, 2003. RUDEN, McCLOSKY, SMITH SCE USTER & RUSSELL, P.A. Attorneys for Pulling, etc. 200 East Broward Boulevard, 15th Flo~r Post Office Box 1900 Fort Lauderdale, Florida 33302 (954)764-6660; Fax: (954)764-4996 Thomas R. Boll 2 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A FTL:IO11207:1 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF PARCELS 102 AND 702 IN THE LAWSUIT STYLED COLLIER COUNTY V. MARIAN H. GERACE, AS SUCCESSOR TRUSTEE, ET AL, PINE RIDGE ROAD PROJECT NO. 60111. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement interests in Parcels 102 and 702 for the Pine Ridge Road project in the lawsuit styled Collier Count. v. Marian H. Gerace, as Successor Trustee, et al., Case No. 00-0139-CA. CONSIDERATIONS: On April 6, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of the above-mentioned property interests for the Pine Ridge Road improvement project (Project No. 60111). On April 27, 2000, Collier County deposited with the Registry of the Court the sum of $6200.00 for Parcels 102 and 702 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, Marian H. Gerace as Successor Trustee, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-228). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $9,000.00 to be paid to Respondent, Marian H. Gerace, as Successor Trustee, as full compensation for the property rights taken as to Parcels 102 and 702, and $924.00 to be paid to J. Wiley Hicks, Esquire for attorney fees. The Stipulated Final Judgment provides that Collier County shall deposit an additional amount of $3724.00 with the Court Registry. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. 'FISCAL IMPACT: Funds in the amount of $3724.00 are available in the FY 03 budget. Source ~ ~,"a of funds are impact fees and gas taxes. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Managemem Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; and 3. direct staff to deposit the sum of $3724.00 into the Court Registry SUBMITTED BY: {, ('{5{ : -/ "'~ - Date: Heidi F. Ashton, Assistant County Attorney REVIEWED BY: ~-~.~ Date: _~-2~' =er-' -~ ' ~ ' ' Transponation~C~ROW REV~WED BY: c~~ Date: Gregg Strakaluse, P.E., Director Transponatio~CM REVIEWED BY: ..' '-i'.~i, .... Date: Norm Feder. P~dministrator TransPortation Division APPROVED BY: ~0~o d/'){:~--'t~z-~? - Date: David C. Wei~el, ~unty ~mey h: LitkEmdomain\Gerace\exsum-s( 102&702 - IN THE CIRCUIT COURT OF THE /~iIL~i TW£NT~TH YUDICIAL C]~CUZT, A -D COZU[ CO TY, COLLIER COUNTY, FLORIDA, a ' political subdivision of the state of Florida, · CASE NO.: 00-0139-CA Petitioner, · PARCELS: 102 & 702 VS. MARIAN H. GERACE, AS SUCCESSOR - TRUSTEE under the provision of that unrecorded ' Declaration of Trust, dated July 6, 1988, et al. .~ Respondents. STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner and Respondent, MARIAN H. GERACE, AS SUCCESSOR TRUSTEE, under the provision of that unrecorded Declaration of Trust, dated July 6, 1988, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, MARIAN H. GERACE, AS SUCCESSOR TRUSTEE under the provision of that unrecorded Declaration of Trust, dated July 6, 1988, and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AN--D ADJUDGED that the Respondent, MARIAN H. GERACE, AS SUCCESSOR TRUSTEE, under the provision of that unrecorded Declaration of Trust, dated July 6, 1988, have and recover fi'r m the Petitioner, COLLIER COUNTY, FLORIDA, the sum of Nine Thousand and No/100 Dollars ($9,000.00) for parcels 102 and 702 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcels; it is further ORDERED that the law firm of Hicks & Schreiber, P.A. shall recover attorney fees in the amount of Nine Hundred TwenD' Four and No/100 Dollars ($924.00); and it is further ORDERED that the Petitioner shall deposit an additional Three Thousand Seven Hundred Twenty Four and No/100 Dollars ($3,724.00), subject to the approval of the Board of County Commissioners, into the registry of this Court within 30 days from the date of the Stipulated Final Judgment which represents the sum of Two Thousand Eight Hundred and No/100 Dollars ($2,800.00) as the settlement proceeds for parcels 102 & 702; and Nine Hundred Twen~' Four and No/100 Dollars ($924.00) for attorney tees; and it is further ORDERED that the Clerk of Court shall immediately disburse the sum of Nine Thousand Nine Hundred Twenty Four and No/100 Dollars ($9,924.00), less any amounts previously paid, to the trust account of Hicks & Schreiber, P.A., and forward same c/o J. Wile3 Hicks, Esquire, Hicks & Schreiber, P.A.. 890 South Dixie Highway, Coral Gables, Florida 33146-2603, for the benefit of Respondent, MARIAN H. GERACE, AS SUCCESSOR TRUSTEE under the provision of that unrecorded Declaration of Trust, dated July 6, 1988, and subject to the interests of Stallings' Farms, Inc., a Florida corporation; W S R Enterprises, Inc., a Florida corporation; and the Collier County Tax Collector; and it is further ORDERED that title to parcel 102, fee simple, and parcel 702, a temporary construction easement, as being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated April 6, 2000, and the deposit of money heretofore made, is approved, ratified, z. nd confirmed; and it is further ORDERED that no other fees or costs shall be awarded in connection with the above- styled cause of action as it relates to parcels 102 & 702; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. DONE AND ORDERED in Chambers at Naples, Collier County, Florida this day of ,2003. Circuit Court Judge Conformed copies: Joe W. Fixel, Esquire Heidi Ashton, Esquire Bookkeeping J. Wiley Hicks, Esquire Stallings' Farms, Inc. W S R Enterprises, Inc. Vincent Murphy, Esquire JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner and Respondent, MAPdAN H. GERACE, AS SUCCESSOR TRUSTEE under the provision of' that unrecorded Declaration of Trust, dated July 6, 1988, hereby stil~ulate to the Stip~ Fi~l Judgment as to Parcels 102 & 702. foregoing J. Wiley Hicks, Esq~uire~ ~,., J~W~ixel, Es~m'e~ Florida Bar No. Yl J //Fl~da Bar No. 0192~26 HICKS & SCHREIBER, P.A. /~FIXEL, MAGUIRE & WILLIS 890 South Dixie Highway 211 South Gadsden Street Coral Gables. Florida 33 i46 Tailahassee, Florida 32301 Telephone: (305) 661-6688 Telephone: (850) 681-1800 Facsimile: (305) 663-0219 Facsimile (850) 681-9017 Attorney for Respondent and r../,//~[/~ Heidi F. Ashton, Esquire Dated: --~ Florida Bar No. 0966770 Assistant County Attorney Collier County Attorney's Office 3301 East Tamiami Trail Naples, Florida 34112-4902 Telephone: (941) 774-8400 Facsimile: (941) 774-0225 Attorneys for Petitioner Dated: ~-~J/~~C~ 3.. OFFICE. OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 774-8192 PROJECT PARCEL NO. TAX PARCEL NO 002'56560006 SKETCH OF LEGAL DESCRIP:~ION (NOT A SURVEY) fee simple title _LEGAL DE$CPJPT/ON A portiJn of land located in the Northwest Quarter of Section 13, Township 49 South, Range 25 East, Collier County, Florida, and being more particularly deseribr, d aa follows: BEGIN at the Northeast Comer of the plat thereof, Carillon, as recorded in Plat Book 21, Pages 59 through 61, of the Public Records of Collier County, Florida, said POINT OF BEGINNING also being on the South right of way line of Pine Ridge Road (C.IL 896); thence along said South right of way line S89° 52' 59" E 80.16 feet to the East line of the Northwest Quarter of t.he Northwest Quarter of said Section 13; thence along said East line SOO" 58' 52" E 35.01 feet to a point lying I10 feet South, as measured perpendicular to, the North line of'said Section 13; thence along said line lying 1 I0 feet South, N89° 52' 59"W 80.14 feet to the East line of aforesaid plat of Caxillon; thence along said East line of Carillon N 01° 00' 37" W 35.01 feet to the POINT OF BEGINNING. Containing 2805 square feet ±.. Subject to Easements, Restrictions and Reservations of Records. Prepared By Collier County O.C.P,M, 330! Tamiami Trail East Naples, Florida 34112 .. Parcel No. 102 bob\pagklgld.04S ' ' BY' DATE:_ G EiD'"l%q~-------------------~-I~. RICHMOND PROFESSIONAL LAND SURVEYOR #2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3301 E ]'AMIAMI TRAIL NAPLES~ FLORIDA 34112 , OFFIC~L..Ole CAPITAL PROJL~CT$ ~]0~ EAST TAMIAivtl TRAIL NAPLES, FLORIDA 34112 SKETCH OF DESCRIPTION ----I ..... PINE RIDGE ROAD --- :' (CR-~-~7-) ............. / S. S9'52'sg"E. .... . /80.16' ~k, "-KENSINGTON PARK --N [ ~ PLAT BOOK 21 '"-CARILLON J ~ 80.14' ~,.:~ PAGES 62-67 PAGES 59-61 ' ~ ~ TO~uARTER ~ J~ OF ~E NORTHWEST QUAR~R EXHIBIT GENERAL NOTES ~)"' ~ ~- E) P.D,9. Indlc=~es Poln~ o~ Beginning 3) Sec. Indict%es Sec%Ion 4) Twp, indicates Township 5) Rge, In'dickies R~nge 6) R/W Indicates Right-oF-way 7) AiL dls~nces ~e In Fee~ ~nd decimals 8) Dealings ~e based on the NoP~h Line oF Section [3 ~s being 9) Not v~[Id unless signed and sealed wi~h ~he e~bossed seal aR ~he p~o~esslan~l rand su~veyo~ THIS IS ONLY A SK~CH NDT TD SCALE 0~-07-97 ~O~ SHE~ 2 OF 2 O??IC£ 01~ CAPITAL PROJ£CT$ ,3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 .mm. PROJECT NO._ PROJECT PARCEL NO._ TAX PARCEL N000256560006 SKETCH OF LEGAL DESCRtP~ tempornry"dTlve~ay restorac~.on easemea~ CO~C~G AT ~ NOR~ CO~ OF ~ ~AT ~OF ' C~N",AS ~CO~ED ~ ~AT B~K 21, PAGES 59~1, OF ~ ~LIC ~CO~S OF CO~IER CO~,~O~A; ~NCE SO~ 1 DElE ~ ~ 37 E~T ~ONG ~ EA~ LI~ ~ S~ PLAT A DIST~CE OF 35.01 ~ TO ~ ~1~ OF ~EGI~G; ~EN~ SO~ 89 DEG~ 52 ~ 5~ SECO~S E~T, A DIST~CE OF S0.14 ~; ~EN~ SO~ 0 DEG~ES 58 ~S 52 SECO~S E~T. A D[~ OF 15.00 ~; ~N~ NOR~ 89 DEG~ES 52 Nfl~S 59 SECO~S ~ST, A DIe. CE OF 80. ! 3 ~ET TO ~ E~T L~ OF ~O~S~D PLAT; ~NCE NOR~ 1 DEG~ ~ ~S 37 SECO~S ~ST. A DIe. CE OF 15,00 ~ TO ~ ~ OF BEG~G; S~D DES~ED ~ CO~NG 0.028 AC~ (1,2~2 gQUA~ ~. MO~ OR LESS. BASIS OF BERGS IS ~ EAST L~ OF S~ PLAT OF "C~LLON" B~ING SO~ 01 DEG~ES ~ ~I~S 37 ~CO~S ~ 70~ t~,,-,~"- ur ,,-F (,,b .....".... OFFICE OF C~ITAL PROJECTS COLLIER COUN~ GOVERNMENT COMP~X 5501 E TAMIAMI TRAIL NAPLES~ FLORIDA 34112 DATE: ~ NO.: ~SHE~ OF 70;-' OFFICE OF CAP;TA£ PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34-112 (94-1) 774-8192 SKETCH OF DESCRIPTION __ _PINE RLDqE ROA_%_ N.sg'52'59"W. 80.1 5.00' 4' 1 "; Parc'el 702 .--CARILLONj ~- \ ~ k N.B9'52'sg"w. : /PLAT BOOK 21 -o° ~ 80.13' / PAGES 59-61 ~o ~-15.00' GENERAL NOTES 1) R.O,C. Indlca'l;es Point oF Commencement ~) P,O.]], Indlcntes Point oF ]]eglnnln9 3) Sec, Indicates Section E X HI B 4) Twp, Indicates Town.~hlp 5) Rge, Indicates Range 7) Att dlst~nce~ ~pe In Fee~ ~nd decliners ~hereoF 8) Bearings ~ne b6sed on %he Nor%n Line oF Section ~3 ~s' being S,89'SE'59'E, 9) No% v6Ud untess signed and sealed wl%h the embossed se6[ oF the pmo¢essloma[ (and surveyor THIS IS ONLY A SKETCH OB-t~-97 70~ SHEET 2 OF 2 ..... EXECUTI'VE SUMMARY THAT THE BOARD OF COUNTY COMM.11SS;[ONERS EXECUTES A CANCELLAT;[ON OF MORTGAGE TO RELEASE A TH;[RD MORTGAGE RECORDED AT O.R. BOOK 2577, PAGE 3248 OF THE OFFI'CI~AL RECORDS OF COLL;[ER COUNTY, FLOR;[DA. OB3ECT;[VE: That the Board of County Commissioners executes a Cancellation of Mortgage on property located at Lot ~.2, Block 12, Naples Manor, Unit No. CONS;[DERAT;[ONS: The bank holding a first mortgage on property described above received a judgment of foreclosure and at a foreclosure sale, subsequently sold the property to Southern Property Associates, LLC. After Southern Property Associates received title to the property, they discovered that the property was encumbered by a mortgage held by Collier County, which was not acknowledged in the original foreclosure action. The mortgage held by Collier County is a third mortgage, which is inferior to the interest of Plaintiffs, Southern Property Associates, LLC. Plaintiffs filed a Complaint against Collier County to compel redemption. Since there were no surplus funds to recover, the County is not in a position to redeem the property. ]:n any event, had the County been named a party defendant in the initial foreclosure action, Collier County's inferior mortgage would be extinguished by the entry of the foreclosure judgment. :In response to Plaintiff's Complaint, Collier County has claimed superior liens for monthly water and sewer service and a sewer special assessment. Plaintiffs agree that these liens are superior. ]:n order to settle this matter, Plaintiffs have agreed to immediately pay these liens upon the receipt of the recorded cancellation of mortgage from Collier County. A copy of a letter regarding this settlement arrangement from Plaintiff's counsel is attached. F;[SCAL ;[MI=ACT: A total cost of $5.00 will be charged to the Cullier County Attorney's Office, Account Number 00:t-1005:t0-65:t2:t0 for recording the Cancellation of Mortgage, and to provide the County Attorney's Office with a copy of same to forward to the Plaintiff's counsel. Executive Summary Page Two GROWI'H MANAGEMENT ]:MPACT: There is no Growth Management Impact. RECOMMENDAT]:ON:. That the Board of County Commissioners execute the attached Cancellation of Mortgage and direct the Clerk to record same in the Official Records of Collier County, and to further direct the Clerk to provide the County Attorney with a copy of the recorded instrument. SUBMITTED BY: ~ Date: Thomas C. Palmer Assistant County Attorney APPROVED BY: /~~ ~-- ~ ~-~"~ Date: Z David C. Weigel ~' County Attorney 02/04/199~ 13:58 941~498057 SHARIRB LAW OFFICE PAGE 02 - Mare .L' .Shapiro, P.A. '"'"""[ lAtt0rney :at Law Apd129,2003 SEiN"I'BYREGULARU.S. MAIL AND FACSIMILE 239.774.0225 Thomas C. Palmer, Esq. The Office of the Collier County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, FL 341124902 Re: Southern Property Associates~'LLC v. Collier CounW, et al. Case No. 02-1202 CA Dear Mr. Palmer: -- Please be advised that your proposal dated Apri1 23, 2003, is acceptable to our client SotttherI1 Property Associates,.LLC, and aCcord~ngly I have eaclosed a satisfaction of mortgage to be executed by Tom Henniag, Chair of the County Comrniss/oners. Once the Satisfaction has beem executed and returaed to this office, Southern Property Associates, LLC ,,viii cut a check to Collier County in the amount of $1,300.06, wh/ch represents the aggregate amount of both of~e liens identified m your affumat/ve defenses. Should you have any questions or concertos with regard to the forego/ng please do not hesitate to contact me. Sincerely ~/~ff Bluestein, Esq. for the Firm 720 Ooodlette Road North, Suite 304 · Naples. Florida 34102 CANCELLATION OF MORTGAGE Collier County is the owner and holder a mortgage executed by Zilmene Monvil, dated July 29, 1999, to secure payment of a promissory note in the original sum of $2,500. Said mortgage is recorded at O.R. Book 2577, Page 3248, Public Records of Collier County, Florida. The property that is security for the County's mortgage is LOT 12, BLOCK 12, NAPLES MANOR, UNIT NO. 1 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, AT PAGE 57, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County has not received full payment of the indebtedness that is secured by the County's mortgage. The above-described real property was foreclosed upon by lawsuit filed in Collier County, but Collier County was not named as a party to that foreclosure; therefore Collier County has a "right to redeem" against the holder of the first mortgage. Collier County has decided that it is not in the County's interest to pursue its "right to redeem" because no surplus funds remained after foreclosure of the first mortgage. Therefore, Collier County hereby waives its right to redeem and the Clerk of the Circuit Court of ColLier County is hereby directed to cancel the County's aforementioned mortgage. DATED' ATTEST: BOARD OF COUNTY COMMISSIONERS, Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: Tom Palmer, Assistant County Attorney This instrument prepared by: Marc L Shapiro, P.A. 720 Goodlette Road North, Suite 304 Naples, Florida 34102 · ~,,~ £:,. / Phone: (239) 649-8050 ! I. ~. __/_~,:_. FAX: 239) 649-8057 EXECUTIVE SUMMARY APPROVAL OF SETTLEMENT AGREEMENT AND MUTUAL RELEASE INVOLVING LITIGATION IN ASTON GARDENS AT PELICAN MARSH V. COLLIER COUNTY~ CASE NO. 03-595-cA IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT OB,IECTIVE: The County Attorney's Office is requesting the Collier County Board of County Commissioners to approve a settlement agreement and mutual release for all claims relating to litigation in Case No. 03-595-CA for payment of delinquent and unpaid impact fees in connection with Aston Gardens at Pelican Marsh. CONSIDERATIONS: On or about February 21, 2003, Aston Gardens filed suit against the County seeking declaratory relief against the County's claim for unpaid impact fees. In fact, after researching the facts of the case, it was determined that the County owed Aston Gardens $89,523.00 for overpayments. After intense negotiations, a settlement was reached, pending approval by the Board of County Commissioners, wherein Aston Gardens would accept a payment of $39,696.00. Under the terms of the settlement agreement, attached hereto as Exhibit "A", Aston Gardens will forego its claims against Collier County and dismiss its lawsuit with prejudice and Collier County will refund Aston Gardens the sum of $39,696.00 and dismiss its counterclaim with prejudice. FISCAL IMPACT: The settlement will result in a net saving to the County of $49,827.00. The funds will come from the school impact fee account. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Collier County Board of County Commissioners authorize the Chairman of the Board of County Commissioners to execute the settlement agreement and mutual release on behalf of the County. (/J~qu~line Hubbar/t Robinso ~ssistant county Attorney Approved by: ~,4.,,o_~_'_d_ ~'~~_~_~, Date: fDavid C. Weige~L~unt~torney SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between Aston Gardens at Pelican Marsh, Ltd., a Florida Limited Partnership, (hereinafter referred to as "Aston Gardens") and Collier County, a political subdivision of the State of Florida (hereinafter referred to as the "County"). WITN ESS ETH: WHEREAS, Aston Gardens has filed suit against Collier County in Case No.03-0595-CA; and WHEREAS, the County has filed a Counterclaim, pursuant to section 74-501 of the Collier County Code of Laws and Ordinances, for foreclosure of a lien imposed for unpaid impact fees against Aston Gardens in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, in connection with the property described in Exhibit "A" attached hereto; and, WHEREAS, Aston Gardens and the County, without either of them admitting any liability or fault, desire to settle the dispute and any and all disputes or claims that arise from, rel~.te or refer in any way, whether directly or indirectly~ to impact fees associated with development of the Property prior to the date of this Agreement; and, WHEREAS, Aston Gardens and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Aston Gardens and the County agre~ as follows: 1. Aston Gardens and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to Impact Fees, and for and in consideration of the following: a. Aston Gardens will dismiss its lawsuit in Case No. 03-0595-CA with prejudice; b. Collier County will dismiss its Counterclaim in the above-referenced case with prejudice; c. Collier County will refund $39,696.00 to Aston Gardens; d. Collier County will file a Release of Lien for the Claim of Lien filed in O.R. Book 3149 pages 1874 through 1881. In consideration of the above and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by the County and Aston Gardens, this settlement agreement and ,elease is hereby entered into and covers all claims relating to impact fees between the parties hereto in connection with the development of the Property prior to the date of this Agreement. 3. In consideration of the resolution of this dispute, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County, on behalf of itself, and Aston Gardens on behalf of itself, as well as on behalf of their attorneys, agents, representatives, and assigns, hereby expressly release and forever discharge each other, as well as their officers, employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that they have asserted or could have asserted against each other that arise from or relate or refer in any way, whether directly or indirectly, to Impact Fees in connection with the development of the Property prior to the date of this Agreement. This Agreement shall not and does not apply to any future impact fees that Aston Gardens may become responsible for after the date of this Agreement. 4. Aston Gardens and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 5. Aston Gardens and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Releas; shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of Aston Gardens or the County. 3 6. Aston Gardens and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 7. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 8. In the event of an alleged breach of this Agreement and Release, Aston Gardens and the County agree that all underlying causes of action or claims of Aston Gardens and the County have been mutually extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, Aston Gardens and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 9. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Aston Gard ,~ns and the County have signed and sealed this Agreement and Release as set forth below. ATTEST: DWIGHT E. BROCK, Clerk of BOARD OF COUNTY Courts of Collier County, Florida COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TOM HENNING, Chairman Date: Date: ASTON GARDENS Witnesses: By: (Signature) (Print) (Signature Approved as to form and legal sufficiency: (Print) Date: Jacqueline Hubbard Robinson Assistant County Attorney THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN ASTON GARDENS AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by , before me, this day of ,2003. Personally Known Signature of Notary Public or Produced Identification Commissioned Name of Notary Public Type of Identification Produced (Please print, type or stamp) My Commission expires: h: Jackie/AstonGardens~settlement agreement & release EXECUTIVE SUMMARY APPROVAL OF SETTLEMENT AGREEMENT AND MUTUAL RELEASE FOR PREVIOUSLY UNPAID EDUCATIONAL, ROAD, COMMUNITY AND REGIONAL PARKS AND LIBRARY IMPACT FEES FOR ARDEN COURTS AT LELY PALMS AND MANORCARE AT LELY PALMS. OB~IECTIVE: To secure the approval of the Collier County Board of County Commissioners of a written executed settlement agreement for payment of delinquent and unpaid impact fees in connection with Arden Courts at Lely Palms and ManorCare at Lely Palms and waive penalties and interest. CONSIDERATIONS: On February 11, 2003 an Executive Summary for the consideration of the approval of a settlement agreement and mutual release for this matter was presented to the Collier County Board of County Commissioners. At that time, the Office of the County Attorney recommended the approval of the settlement offer of Forty-Five Thousand Dollars [$45,000.00] in full settlement of all issues, risks, and claims pertaining to impact fees. The prior written agreement contained, unnecessarily, signature lines for the Clerk of Courts and the Collier County School Board. The County's claim was for $84,317.04 minus $4,853.76 in overpayments for a net due amount of $79,463.28. The Board of County Commissioners voted 4/1 to approve the settlement on February 11, 2003. The actual executed written agreement is being presented for Board approval and has been executed by ManorCare and Arden Courts. It does not contain the signature lines for persons or entities that are not parties to the lawsuit nor required for the agreement. The Clerk of Courts has no objection to the approval of this agreement. There are no changes to the terms of the agreement presented on February 11, 2003. A copy of the executed settlement agreement with a copy of the check is attached hereto. FISCAL IMPACT: The sum of Forty-Five Thousand Dollars [$45,000.00] will be paid pro rata into the following affected impact fee accounts: schools, community parks, regional parks, roads, and libraries. GROWTH MANAGEMENT IMPACT: Funds received are impact fees that pay toward the creation of infrastructure that is required by growth. RECOMMENDATION: That the Collier County Board of County Commissioners authorize the Chairman of the Board of County Commissioners to execute the settlement agreement on behalf of the Board. Prepared by: , ,~e.~, m{,~ ~~!~ ~ Date: ({~cqueli~e Hu-bl:/hr-d Robinson A,,isistant county Attorney pprovea y: David C. Wei~el, County.,,tMtorney SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (h, ereinafter referred to as the "Agreement and Release") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between ManorCare of Boca Raton, Inc., a Florida Corporation, (hereinafter referred to as "ManorCare") and Naples Retirement, Inc., a Florida Corporation (hereinafter referred to as "Naples Retirement") and Collier County, a political subdivision of the State of Florida (hereinafter referred to as the "County"). WITNESSETH: WHEREAS, the County has indicated that it intends to file a lawsuit pursuant to section 74-501 of the Collier County Code of Laws and Ordinances as the collection agent for the fee against ManorCare, and Naples Retirement in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, for failure to pay Educational Facilities, Community Parks, Regional Parks and Library impact fees in connection with the propert3' which is described on Exhibit "A" attached hereto and which was developed, in part, under Collier County Building Permit Numbers 97-3033 and 97-070997 as part of PUD 81- 301 (1) (Ordinance 97-05) (the "Property"); and, WHEREAS, ManorCare, Naples Retirement and the County, without either of them admitting any liability or fault, desire to settle the dispute and any and all disputes that arise from,, relate or refer in any way, whether directly or indirectly, to the nonpayment of 1 impact fees associated with development of the Property prior to the date of this agreement; and, WHEREAS, ManorCare, Naples Retirement and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, ManorCare, Naples Retirement and the County agree as follows: 1. ManorCare, Naples Retirement and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the dispute regarding payment of Educational Facilities, Community Parks, Regional Parks and Library impact fees, and for and in consideration of the sum of Forty-Five Thousand Dollars ($45,000.00) paid by ManorCare which the Board and the County may divide among themselves and apportion to such impact fee benefit district accounts as they deem appropriate and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by the County, the County agrees not to file the Lawsuit against ManorCare and Naples Retirement for any unpaid Educational Facilities, Community Parks, Regional Par,ks and Library impact fees that the County asserts existed in connection with development of the Property prior to the date of this agreement. 3. In consideration of the resolution of this dispute, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County, on behalf of itself, as well as on behalf of their attorneys, agents, representatives, and assigns, hereby expressly release and forever discharge-ManorCare and Naples Retirement as well as their respective officers, employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that they have asserted or could have asserted in a Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to the non- payment of Educational Facilities, Community Parks, Regional Parks and Library impact fees in connection with the development of the Property prior to the date of this agreement. This agreement shall not and does not apply to any future impact fees that ManorCare may become responsible for after the date of this agreement. 4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this Agreement and Release, ManorCare, Naples Retirement and the County agree that any of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Agreement and Release. 5. ManorCare, Naples Retirement and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective 3 owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 6. ManorCare, Naples Retirement and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of ManorCare, Naples Retirement or the County. 7. ManorCare, Naples Retirement and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 8. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 9. In the event of an alleged breach of this Agreement and Release, ManorCare, Naples Retirement and the County agree that all underlying causes of action or claims of the County have been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, ManorCare, Naples Retirement and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 10. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, ManorCare, Naples Retirement and the County have signed and sealed this Agreement and Release as set forth below. ATTEST: DWIGHT E. BROCK, Clerk of BOARD OF COUNTY Courts of Collier County, Florida COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By:. Deputy Clerk TOM HENNING, Chairman Date: Date: Witnesses: MANORCARE OF BOCA RATON, INC. a Florida Corporation d/b//~Arden Courts ~~,/~_~.~~ Man~rCar~Hea~h Ser~ces ~ By: David B.'(anning, Vier, e/President ~Signature) ~ ~ of Development nt) ~% '%g~(Pri Date: C/~- O~ e (Print) Date: ; ~ THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN MANORCARE-AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by ~c>/~-:~/'~ ~.~7~- .... ~,I' before me, this / ~/ day of ~c~2_ ,2003. '~ ~. -~,~,~-,~, ~-- Personally Known ~ Signature of Notary Public or Produced Identification Commissioned Name of Notary Public Type of identification Produced (Please print, type or stamp) My Commission expires: ~ I/'~-~,/~-. Witnesses: NAPLES RETIREMENT, INC. A Florida Corporation By: , (Signature) Date: (Print) (Signature) (Print) Date: THIS SE'i-rLEMENT AGREEMENT AND RELEASE BETWEEN NAPLES RETIREMENT, INC. AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by before me, this day of , 2003. Personally Known Signature of Notary Public or Produced Identification Commissioned Name of Notary Public Type of Identification Produced (Please print, type or stamp) My Commission expires: Approved as to form and legal sufficiency: ~/'/~queline Hubbard Robinson Assistant County Attorney h: Jackie/ManorCare\settlement agreement & release EXECUTIVE SUMMARY REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO PROVIDE DIRECTION TO THE OFFICE OF THE COUNTY ATTORNEY REGARDING SETTLEMENT NEGOTIATIONS IN TERRACINA, LLC. V. COLLIER COUNTY, CASE NO. 02-4440-CA, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT COURT FOR NAPLES, COLLIER COUNTY, FLORIDA. OBJECTIVE: For the Board of County Commissioners to provide direction to the Office of thc County Attorney, pursuant to Florida Statutes, Section 286.011(8), regarding settlement negotiations in Terracina, LLC v. Collier County, Case No. 02-4440-CA, now pending in the Twentieth Judicial Circuit Court in Naples, Collier County Florida. CONSIDERATIONS: The case of Terracina, LLC v. Collier County, Case No. 02-4440-CA, is now pending in the Twentieth Judicial Circuit Court in Naples, Florida. Pursuant to Florida Statutes, Section 286.011(8), the Board of County Commissioners may meet in private with the County Manager, the County Attorney, Assistant County Attorney Jacqueline Hubbard Robinson, and a Court Reporter to discuss pending litigation to which Collier County is presently a party before a court. The subject matter of the meeting shall be confined to settlement negotiations. The County Attorney previously advised the Board of this desire for a closed session at the regularly scheduled Board of County Commissioners' meeting of April 22, 2003. Attached is a copy of the proposed settlement agreement. FISCAL IMPACT: It is unknown what the fiscal impact, if any, might be at this time. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Collier County Board of County Commissioners provide direction to the Office of the County Attorney regarding negotiations in Terracina, LLC v. Collier County, Case No. 02-4440-CA, now pending in the Twentieth Judicial Circuit Court in Naples, Florida. The Office of the County Attorney recommends approval of the proposed settlement agreement. Prepared by: ~tLC4a~J~. J ~t~ r~o~~ Date: S/'-7//~-'0~ (J4c q u~li ne~H-u-bb ara 'Ro~ns;n i ' ~jssistant County Attorney Approved by: ,~M,~ ~ /~ t~g~~ Date: ~~.~ David C. Weigel, C~)unty l(~torney DRAFT SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between Terracina, LLC a Florida Limited Liability Company, (hereinafter referred to as "Terracina") and Collier County, a political subdivision of the State of Florida, (hereinafter referred to as the "County"). WITNESSETH: WHEREAS, Terracina has filed suit against Collier County in Case No.02- 4440-CA; and WHEREAS, the County has filed a Counterclaim, pursuant to section 74-501 of the Collier County Code of Laws and Ordinances, for foreclosure of a lien imposed on the land where Terracina is situated, (hereinafter the "Property"), for unpaid impact fees in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, in connection with the Property described in Exhibit "A" attached hereto; and, WHEREA~, Terracina and the County, without either of them admitting any liability or fault, desire to settle the dispute and any and all disputes or claims that arise from, relate or refer in any way, whether directly or indirectly, to imp~'ct fees associated with development of the Property prior to the date of this Agreement; and, WHEREAS, Terracina and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners,~. principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Terracina and the County agree as follows: 1. Terracina and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to Impact Fees, and for and in consideration of the following: a. Terracina will dismiss, in its entirety, with prejudice its lawsuit in Case No. 02- 4440-CA; b. Collier County will dismiss its Counterclaim, in its entirety, in the above- referenced case with prejudice; c. Collier County will forego its pursuit of any appeal; d. The parties will stipulate to no final order being entered in case No. 02-4440-CA; e. Terracina will forego its claim for a refund of $35,019.45 for an over-payment of impact fees; f. Collier County will tender, in full settlement of all matters pertaining to the issuance of a building permit to the Terracina facility as they relate to impact fees, the sum of $17,500.00. g. Collier County will record a Satisfaction of Lien on the Terracina Prop_e_rt~_!~,(~ ~--,"--~ ! 2 In consideration of the above and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by the County and Terracina, this settlement agreement and release is hereby entered into and covers all claims relating to impact fees between the parties hereto in connection with the development of the Property prior to the date of this Agreement. 3. In consideration of the resolution of this dispute, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County, on behalf of itself, and Terracina on behalf of itself, as well as on behalf of its attorneys, agents, representatives, and assigns, hereby expressly release and forever discharge each other, as well as their officers, employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that they have asserted or could have asserted against each other that arise from or relate or refer in any way, whether directly or indirectly, to Impact Fees in connection with the development of the Property prior to the date of this Agreement. This Agreement shall not and does not apply to any future impact fees that Terracina may become responsible for after the date of this Agreement. 4. Terracina and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, _. representatives, insurers, successors, assigns, spouses, heirs and affiliates. 5. Terracina and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of Terracina or the County. 6. Terracina and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 7. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 8. In the event of an alleged breach of this Agreement and Release, Terracina and the County agree that all underlying causes of action or claims of Terracina and the County have been mutually extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, Terracina and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 9. This Agreement and Release shall be governed by the laws of the State of Florida. 4 _ IN WITNESS WHEREOF, Terracina and the County have signed and sealed this Agreement and Release as set forth below. ATTEST: DWIGHT E. BROCK, Clerk of BOARD OF COUNTY Courts of Collier County, Florida COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TOM HENNING, Chairman Date: Date: TERRACINA, LLC Witnesses: By: (Signature) (Print) Date: (Signature: Date: THIS SE'I-i'LEMENT AGREEMENT AND RELEASE BETWEEN TERRACINA, LLC. AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by , who appeared before me, this day of ,2003. Personally Known Signature of Notary Public or Produced Identification Commissioned Name of Notary Public Type of Identification Produced (Please print, type or stamp) My Commission expires: Approved as to form and legal sufficiency: Jacqueline Hubbard Robinson Assistant County Attorney h: Jackie/Terracina~settlement agreement & release EXECUTIVE SUMMARY PUDA-02-AR-2240, MR. DONALD PICKWORTH REPRESENTING CENTEX HOMES, REQUESTING A REZONE FROM "PUD" PLANNED UNIT DEVELOPMENT TO A NEW PLANNED UNIT DEVELOPMENT (PUD) FOR THE PURPOSE OF AMENDING THE TWELVE LAKES PUD IN ORDER TO REVISE THE PUD DOCUMENT REFERENCES AND TO UPDATE THE MASTER PLAN FOR PROPERTY LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD (SR-84) AND THE SOUTH SIDE OF RADIO ROAD (CR-856) IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST. OBJECTIVE: To have the Board of County Commissioners consider an application to amend the Twelve Lakes PUD Document and Master Plan as noted above in a manner consistent with alt the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject 262.33-acre site was rezoned to the Twelve Lakes PUD/DRI in 1987 (Ordinance No. 87-4) and amended in 1998 (Ordinance No. 98-50). The currently approved PUD permits a maximum of 1000 dwelling units and 112,500 square feet of commercial floor area. The commercial land uses are those typically associated with PUD neighborhood commercial centers and include a shopping center with a supermarket as its major tenant. Other uses may include a drugstore, retail shops, financial institutions, offices, clinics, personal services, laundry and post offices. The petitioner now proposes to revise the PUD document references and to update the Master Plan as follows: 1. Increase the preserve areas from 48.41 acres to 91.18 acres. 2. Reduce the residential areas from 110.07 acres to 103.83 acres. 3. Increase the lake areas from 23.56 acres to 25.12 acres. 4. Reduce the road right-of-way from 37.15 acres to 9.94 acres. 5. Extend the preserve area from the east side of the project to the west side. The increased preserve area also involves the relocation of the residential tract and the elimination of a vehicular interconnection with the Sable Lakes development to the east as depicted on the currently approved Master Plan. The Master Plan also indicates that the primary access to the residential tracts will be from an internal road connecting Davis Boulevard (an arterial road) with Radio Road (a collector road). Lastly, each commercial and residential area will be served with centrally provided potable water, sanitary sewer, electric power, and telephone services. NAY 13 2003 FISCAL IMPACT: Since this petition is initiated as an amendment to the PUD Master Plan provided in Ordinance Number 98-50. it will not change the previously determined fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The Twelve Lakes PUD/DRI is within the Urban - Mixed Use District, Urban Residential Sub-district. as identified on the Future Land Use Map (FLUM) of the Collier County Growth Management Plan (GMP). Relative to the petition, the purpose of the sub-district is to "provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated." Residential density within the Sub-district is governed by the County's Density Rating System (DRS), of the Land Development Code (LDC). Technically, because it was approved prior to tl~e creation of the density, rating system, the Twelve Lakes PUD/DRI would not be expected to comply with the density rating system. Because the project density of 3.98 is less than the base density of 4 -'~ units per acre allowed by the density rating system, the project density is deemed to be consistent with the FLUE. The Twelve Lakes Development was approved in 1987 prior to the adoption of the 1989 Growth Management Plan (GMP). This project was approved for 1,310 dwelling units and 160,000 square feet of commercial floor area and was reduced to 1,000 dwelling units and 112,000 square feet when the PUD was amended in 1998. During implementation of the Zoning Reevaluation Ordinance, in 1990 - 1991, both the commercial and residential components of this PUD were deemed to be "exempt", due to its status as a DRI. Therefore, the approved project is found to be consistent with the GMP, as provided for in Policies 5.1 and 5.10 of the Future Land Use Element (FLUE). Policy 5.1 states that projects approved prior to the adoption of the 1989 GMP are to be designated on the Future Land Use Map Series as being "Properties Consistent by Policy." Zoning changes can be permitted on such properties, consistent with Future Land Use Element criteria, provided that "the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district.., are not increased." In addition, Policy 5.10 states that properties with vesting from pre-plan approvals are considered (in the FLUM Series) to be "Properties Consistent by Policy" of the GMP. As a result, the proposed PUD amendment is deemed to be consistent with the FLUE of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the subject site is located outside an area of historical and a~ch~^~''~';''~ ~" ""' probability as referenced on the official Collier County Probability Map. Tl~ere~ore, no ,~ Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.~ 5.8.~f kh,, !£ MAY 13 2003 2 Pg. ~ __ Land Development Code if during the course of site cleating, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery' shall be immediately stopped and the Collier County Code Enforcement Department contacted. ENVIRONMENTAL ISSUES: The subject site contains 147.8-acres of SFWMD jurisdictional wetlands. The project will result in impacts to 59.5-acres or approximately 40 percent of the jurisdictional wetlands on site. Project related impacts should be compensated for by enhancing and preserving 88.36 acres of wetlands and 11.04 acres of uplands on site. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Council (EAC) reviewed this petition on March 6, 2003 and recommended approval by a 7 to 0 vote. In addition, the Collier County Environmental Staff has recommended approval; subject to the provision that setbacks from preserve areas shall be 25 feet for principal structures and 10 feet for accessory structures. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on April 3, 2003. The CCPC voted 8 to 0 to forwarded Petition PUDA-02-AR-2240 to the Board of County Commissioners (BCC) with a recommendation of approval. The Planning Commissioners found'that this petition is consistent with the Growth Management Plan (GMP) and is compatible with the surrounding development subject to staff stipulations and certain revisions to the PUD Document including revising Section 2.19.C (4) to limit the entrance signs to a maximum height of 15 feet and Section 2.19.D. (4) to limit temporary signs may not exceed 15 feet. In addition, temporary signs may remain in place until the project reaches a build-out of 60 percent. Other conditions were to revise Section 4.4 (B) to indicate how the maximum building height is measured 35 feet and revise Section 5.3.A. (3) to require the restoration of the preserve area when the temporary construction access road is abandoned. It should be noted that staff has not received any letters of objection to this petition. Since no one spoke in opposition to the petition during the public hearing, this petition has been placed on the Summary Agenda. PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners (BCC) approve Petition PUDA-2002-AR-2240 subject to staff and Planning Commission stipulations, which are contained in the PUD Document that is attached to the Ordinance of adoption. h4AY 1 3 2003 PREPARED BY.',/ RA~,~3ELLOWS, CHIEF PLANNER DATE CURRENT PLANNING SECTION REVIEWED BY: / - DATE SUfiAN MURRAY, AICP, MANAGER C(J~ PLANNING SECTION, MARGARET ~UE,~~L~ AICP, DIRECTOR PLANNING SERVICES DEPARTMENT APPROVED BY: /(,~/ // // JOS~EbH K. SCHMI~T ADMINIS1~RATOR I~AT~E C(Y~IMUNITY DEV. AND ENVIRONMENTAL SVCS. PUDA-02-AR-2240/EX SUMMARY/RVB/rb MAY 13 2003 ~ MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: MARCH 13, 2003 RE: PETITION NO: PUDA-02oAR-2240, TWELVE LAKES PUD AGENT/APPLICANT: Agent: Mr. Donald Pickworth Owner: The National Trust Co. 5150 N. Tamiami Trail Land Trust #5222 Suite 602 P.O. Box 1857 Naples, Florida 34103 Naples, Florida 33939-1857 Contract Purchaser: Centex Homes 5801 Pelican Bay Boulevard Naples, Florida 34108 GEOGRAPHIC LOCATION: The subject property is located on the north side of Davis Boulevard (SR-84) and the south side of Radio Road (CR-856) in Section 4, Township 50 South, Range 26 East. (See location map illustration on following page) REQUESTED ACTION: To have the Collier County Planning Commission forward their recommendations to the BCC for a proposed rezone from "PUD" Planned Unit Development to a new Planned Unit Development (PUD) for the purpose of amending the Twelve Lakes PUD to revise the PUD document references and to update the Master Plan. PURPOSE/DESCRIPTION OF PROJECT: The subject 262.33-acre site was rezoned to a PUD and DRI in 1987 (Ordinance No. 87- 4) and amended in 1998 (Ordinance No. 98-50). The currently approved PUD permits a maximum of 1000 dwelling units and 112,500 square feet of commercial floor area. The commercial land uses are those typically associated with PUD neighborhood commercial centers and include a shopping center with a supermarket as its major tenant. Other uses may include a drugstore, retail shops, financial institutions, offices, clinics, per services, laundry and post offices. NO, ill\ I~AY The petitioner now proposes to revise the PUD document references and to update the Master Plan (Exhibit "A") as follows: 1. Increase the preserve areas from 48.41 acres to 91.18 acres. 2. Reduce the residential areas from 110.07 acres to 103.83 acres. 3. Increase the lake areas from 23.56 acres to 25.12 acres. 4. Reduce the road right-of-way from 37.15 acres to 9.94 acres. 5. Extend the preserve area from the east side of the project to the west side. The increased preserve area also involves the re,'ocation of the residential tract and the elimination of a vehicular interconnection with the Sable Lakes development to the east as depicted on the currently approved Master Plan (Exhibit "B"). The Master Plan also indicates that the primary access to the residential tracts will be from an internal road connecting Davis Boulevard (an arterial road) with Radio Road (a collector road). Lastly. each commercial and residential area will be serv'ed with centrally provided potable water, sanitary sewer~ electric power, and telephone services. SURROUNDING LAND USE AND ZONING: Existing Conditions: The site is undeveloped and zoned PUD and is approved tbr 1000 dwelling units and 112~500 square feet of commercial floor area. Surrounding: North: The partially developed Green Heron PUD/DRI that is approved for 188 dwelling units at a density of 5.4 units per acre. East: Developed residential lands that are zoned RMF-12. South: SR-84 and the partially developed Naples Heritage PUD that is approved for 799 units and at a density of 1.43 units per acre. West: The Sable Lakes PUD that was approved for 171 units with a density of 4 units per acre. MAY I 3 2003 GROWTH MANAGEMENT PLAN CONSISTENCY: The proposed Twelve Lakes PUD has been distributed to the appropriate jurisdictional review entities specifically for a consistency review with the current Growth Management Plan and land development regulations. Future Land Use Element: The Twelve Lakes PUD/DRI is within the Urban - Mixed Use District, Urban Residential Sub-district, as identified on the Future Land Use Map (FLUM) of the Collier County Growth Management Plan (GMP). Relative to the petition, the purpose of the sub-district is to "provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated." Residential density within the Sub-district is governed by the County's Densi.ty Rating System (DRS), of the Land Development Code (LDC). Technically, because it was approved prior to the creation of the density rating system, the Twelve Lakes PUD/DRI would not be expected to comply with the density rating system. Because the project density of 3.98 is less than the base density of 4 units per acre allowed by the density rating system, the project density is deemed to be consistent with the FLUE. The Twelve Lakes Development ~vas approved in 1987 prior to the adoption of the 1989 Growth Management Plan (GMP). This project was approved for 1,310 dwelling units and 160.000 square feet of commercial floor area and was reduced to 1,000 dwelling units and 112,000 square feet when the PUD was amended in 1998. During implementation of the Zoning Reevaluation Ordinance, in 1990 - 1991, both the commercial and residential components of this PUD were deemed to be "exempt", due to its status as a DILl. Therefore, the approved project is found to be consistent with the GMP, as provided for in Policies 5.1 and 5.10 of the Future Land Use Element (FLUE). Policy 5.1 states that projects approved prior to the adoption of the 1989 GMP are to be designated on the Future Land Use Map Series as being "Properties Consistent by Policy." Zoning changes can be permitted on such properties, consistent with Future Land Use Element criteria, provided that "the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed bv the new zoning district.., are not increased." In addition, Policy 5.10 states that properties with vesting from pre-plan approvals are considered (in the FLUM Series) to be "Properties Consistent by Policy" of the GMP. As a result, the proposed PUD amendment is deemed to be consistent with the FLUE of the GMP. Traffic Circulation Element: Transportation Planning staff has reviewed the applicant's Traffic Impact Statement (TIS) waiver request and has the following comments. Because the proposed amendment will not increase the maximum number of dwelling units or commercial square footage over the currently approved levels, the proposed change will not generate any additional weekday trips. As a result, this petition is consistent with Policy 5.1 and 5.2 of the Transportation Element. The ~etition is therefore deemed consistent with the Goals and Objectives of the Transp, ~rtation Element of the Growth Management Plan and is recommended for approval. ,~-.~. _~, ~.~ 3 IA¥ 1 3 2003 Applicable Elements: Staff reView indicates that the Twelve Lakes PUD has been designed to account for all the necessary relationships dictated by the GMP. Mitigation measures and stipulations have been developed by staff to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of a final local development order. Therefore, this petition may be considered consistent with the goals and policies of the GMP subject to the staff recommended PUD document which include.~ stipulations regarding phasing. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. EVALUATION OF ENVIRONMENTAL AND TRANSPORTATION: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services I~ivision. The petitioner has submitted an Environmental Impact Statement (EIS) that indicates that the site contains 147.8-acres of SFWMD jurisdictional wetlands. The project will result in impacts to 59.5-acres or approximately 40 percent of the jurisdictional wetlands on site. Project related impacts shall be compensated for by enhancing and preserving 88.36 acres of wetlands and 11.04 acres of uplands on site. The Environmental Advisory Council (EAC) reviewed this petition on March 6, 2003 and recommended approval by a 7 to 0 vote. In addition, the Collier County Environmental Staff has recommended approval, as noted in the EAC Staff Report (Exhibit "E"), subject to the provision that setbacks from preserve areas shall be 25 feet for principal structures and 10 feet for accessory, structures. The Transportation Services Division recommends approval of the application subject to the stipulations and conditions as contained in the PUD document. This includes the provision that the developer provide any and all site related improvements including the necessary turn lane(s) improvements(s) at the development entrance(s) prior to the issuance of the first permanent certificate of occupancy. EVALUATION: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Develo ment Code thus requiring staff evaluation and comment, and shall b as the basis fPor a recommendation of approval or denial by the Planning Commiss.e]~n to~ ]~1~ MAY I 3 2003 the BCC. A summary of each of the potential impacts or considerations identified during the staff review is listed under each of the criterion and culminates in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report (Exhibits C and D). Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Existing Land Uses - In regards to compatibility, it should be noted that the proposed Twelve Lakes PUD Master Plan provides a preserve area that is located in the middle of the project stretching from the eastem property line to the western property line. This preserve area will serve as a buffer between the proposed development and the existing Sable Lakes development to the west and the property to the east. As depicted on the proposed Twelve Lakes PUD Master Plan, the vehicular interconnection to the Sable Lakes PUD was eliminated due to the Preserve Area requirements. In addition, the proposed uses and development standards are similar to the adjacent and nearby projects. Lastly, the proposed development regulations, landscaping, screening and buffering requirements contained in this PUD are consistent with the LDC. Based on these findings, the proposed PUD has a positive relationship to the existing land uses. Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The property is located within the Urban - Mixed Use District, Urban Residential Sub-district as depicted on the Future Land Use Map. Since this district permits residential uses and PUD neighborhood commercial uses, the proposed mixed use PUD is consistent with the GMP. Utility Infrastructure - Water and sewer service is available to this site. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PUDA-02-AR-2240 to the Board of County Commissioners with a recommendation for approval subject to stipulations contained in the PUD document. I 3 2003 5 3./?.o ~ RAY ~ELLOWS, CHIEF PLANNER DATE Ctm~NT P~,~4G SECTION REVIEWED BY: ~Y, AI~P, MANAGF-~ DAT~''E/' O ~ ENT PLANNING SECTION 10~d~GAREtJWUERSTLE, AICP, DIRECTOR DATE PLANNING~3ERVICES DEPARTMENT APPROVED BY: ~ ~A~i~ JO~, ADMIN~TRATOR £.'~:MUNITY DEV. AND ENVIRONMENTAL SVCS. S~/ff Report for the April 3, 2003 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY,...~IAIRMAN RVB/rb/STAFF REPORT/AR-2240 A Portion ol the East t/2 o! Section 4, Twu. SO S. R~e. 26 E z Scale. ~'. 200' ~ ! .' . '-' ' .. · ,~. · . ; ~ . . .' . , · /..; .: '- ~''"" '~" ~') ?' ~ I I ....,* ·. : · ....... ~ .......... '~'" 2 .... '. · :J. · '-:"::'::- : ." .................... I~',' ,:~ ~, ': ' ..;...' .' .'"':,;:'/ .......... .,),. ~ / // : ...................... .. ~ ~,~ ~:..:."...'... ............................. ...~ _'_~/.-~..,.~..-..- .// ......:"' ........................... ,... , ....... :~ ~ ~' .-': ..; / / ~ " t ~.~4~,',~ L '?.'2.~.~ '. . '..-: :. .' . . / : ~ ...... ~' ".' '- .- -- '. X:T~ ?.~- ...... ~1 .:.,< /, ........................ /. m .,., MASTER DE'/ELOPME; T PLAN ' MAY 1321 13, REZONE FINDINGS PETITION PUDA-02-AR-2240 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. The subject property is located within Urban Residential Sub-district as depicted on the Future Land Use Element (FLUE) of the Growth Management Plan. Development Orders deemed consistent ~vith all applicable elements of the FLUE of the GMP should be considered a positive relationship. The Twelve Lakes PUD is in compliance with the FLUE of the GMP. The uses permitted within this PUD are also consistent with the other PUD projects within this FLUE designation. 2. The existing land use pattern; To the west is an approved residential PUD and to the south are Davis Boulevard and the Naples Heritage PUD. These are residential PUD projects within the project area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The subject site is currently zoned PUD and is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts and is located within this FLUE designated area. In addition, the site is adjacent to existing residential PUD projects. It is also consistent with expected land uses by virtue of its consistency with the FLUE. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The properties to the west and south are zoned PUD and they contain similar residential uses. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed PUD-to-PUD zone change is appropriate based on the approved residential land uses and densities on the subject site and because of the project's relationship to the GMP is a positive one. Exhibit C MAY 1 3 2003 '7 6. Whether the proposed Change will adversely influence living conditions in the neighborhood; The proposed Twelve Lakes PUD will not adversely influence living conditions in thc nearby residential neighborhoods to the south and west because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions (i.e. landscaping) made a condition of approval will go a long way towards offsetting any potential adverse influences on the residential subdivision to the west of the project. Conversely, this mixed-use project could cause increased noise and traffic impacts on the nearby residences 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Thc evaluation of this project took into account thc requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion beloxv adopted standards. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. In addition, the property fronts directly on Radio Road and Davis Boulevard, which are public roads thereby, providing access to the arterial road network over which traffic from this mixed-use development will draw and defuse traffic. 8. Whether the proposed change will create a drainage problem; The Land Development Code specifically addresses the required drainage standards that are needed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. The Twelve Lakes PUD was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The proposed Twelve Lakes PUD development is compatible with the approved zoning on the adjacent property to the west and south. In addition, the maximum height for the structures as provided for in the PUD is similar to the maximum height permitted wi [lin ~l~]~l~A ~ the adjacent developments. The overall development standards are compatible witl: the ~ standards listed for the similar residential districts, which are designed to protecl the MAY 1 ,:1 2003 circulation of light and air to adjacent areas. All projects in Collier County are subject to the development standards that are unique to the zoning district in which they are located. 10. Whether the proposed change will adversely affect property values in the adjacent area; Typically urban intensification increases the value of contiguous underutilized land. The mere fact that a property is given a new zoning designation may or may not affect value. As has been previously discussed, this is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. Lastly, no information has been presented that would indicate that the proposed rezone will adversely impact property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that the PUD to PUD rezone for the purpose of amending the T~velve Lakes PUD will not result in a deterrence to improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The Twelve Lakes PUD complies with the GMP, which contain public policy statements supporting zoning actions when the policies are consistent with said plans. In light of this fact the proposed amendment does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the GMP. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The subject PUD complies with the Growth Management Plan while the intensity of land uses is deemed acceptable for this site. In addition, the Twelve Lakes PUD is designed in a manner that is compatible with the surrounding existing and undeve commercial projects in size and scale. ~lt~ ,.~ MAY 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There arc many sites, which are zoned to accommodate the proposed development. However, this is not the determining factor when evaluating the appropriateness of a rezoning decision. The primary determining factors of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The extent of site alteration will be determined as a function of obtaining Site Development Plan approval to execute the PUD's development strategy. Conversely, development of the site may create a need for additional fill and site alteration for infrastructure improvements. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County. Growth Management Plan and as defined and implemented through the Collier Count).' Adequate Public Facilities Ordinance, as amended. The applicable multi-disciplined teams responsible for jurisdictional elements of the GMP have reviewed the subject Twelve Lakes PUD and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. AR-2240,'RVB/rb MAY 1 3 2QI)3 FINDINGS FOR PUD PUDA-02-AR-2240 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructures will be developed and are consistent with Count), regulations. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. In addition, intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area along Davis Boulevard (SR-84) and Radio Road (CR-856). Furthermore, the development of land that is located on an arterial road and is adjacent to existing residential uses is particularly suitable for mixed-uses. The pattern of development of surrounding properties is similar to the type of development proposed including the neighborhood commercial uses. Conversely, the nearby neighborhoods often perceive a mixed use development as an intensification near their neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, increasing noise and pollution, and reducing property values. This perception is heightened due to the fact that Davis Boulevard from C.R. 95 t to Radio Road is operating at LOS "F". 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas within this project. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The subject petition has been found consistent with the goals, objectives and policies of the GMP. A review of consistency relationships with elements of the GMP is as follows: The subject PUD proposes to allow residential uses consistent with the approved PUD projects within this FLUE designation. These commercial/residential uses are also consistent with the Future Land Use Element (FLUE) of the Growth Management Plan. Since the site is currently designated Mixed Use on the FLU _.E, subject site is deemed consistent with the FLUE. ~A I~,~ Exhibit "D" ~ 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The PUD has been designed to provide similar uses and development standards as the approved Sable Lakes PUD to the west. In addition, the preserve area is contiguous with this adjacent residential project. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of thc Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that further LOS degradation is not allowed or the LOS deficiency is corrected. ~--~ 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity, of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. This petition seeks to provide residential zoning that is adjacent to a residential zoned PUD. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. AR-2240/RVB/rb MAY ! 3 2003 Item ENVIRONME~AL ADVISORY COUNCIL STAFF REPORT MEETING OF MARCH 5~ 2003 I. NAME OF PETITIONER/PROJECT: Petition No.: Planned Unit Development Amendment No. PUDA-2002-AR-2240 Development of Regional Impact No. DRI-86-1 Petition Name: Twelve Lakes PUD/DRI Applicant/Developer: Centex Homes Engineering Consultant: WilsonMiller, Inc. Environmental Consultant: WilsonMiller, Inc. II. LOCATION: The subject property is an undeveloped 262.3 acre parcel located approximately one mile west of the intersection of Davis Boulevard (State Road 84) and Collier Boulevard (County Road 951) in Section 4, Township 50 South, Range 26 East, Collier County, Florida. The property is bounded by Radio Road on the north and by Davis Boulevard to the south. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are mostly developed with the following zoning classifications. ZONING DESCRIPTION N - R.O.W. Radio Road PUD (Green Heron) Partially Developed S - R.O.W. Davis Boulevard PUD (Naples Heritage Golf & Partially Developed Country Club) E - RMF-12(8.9) Developed RMF-12(7) Undeveloped i~,~?,fft~ gT~1~ R.O.W. Davis Boule~ wd MAT I 3 2003 EAC Meeting Page 2 of 9 W - PUD (Sabal Lakes) Developed pUD (Wildwood Estates) Partially Developed IV. PROJECT DESCRIPTION; The petitioner is requesting a~ ~nendment to the Twelve Lakes PUD for the purpose of updating the Master Plan and revising the development standards. The subject property is an approved PUD/DRI and was approved in 1987, prior to the adoption of the 1989 Growth Management Plan (GMP). During impl~nentation of the Zoning Reevaluation Ordinance (ZRO), in 1990 - 1991, both the commercial and residential components of this PUD were deemed to be "exempt", due to its status as a DRI. The primary proposed change is a reduction in the number of approved residential units from 1,310 to 1,000. This reduction would also have the affect of reducing the project density from 5 units per_acre to 3.98 units per acre. Other changes - include: Updating references within the PUD document regarding local government agencies. Adding provisions allowing the project to establish a community development district (CDD). Amending development standards to be consistent with current County design standards. Adding churches, childcare centers and "accessory uses" to the list of permitted uses within the residential district of this PUD. Adding professional and medical offices to the list of allowed uses within the project's commercial district. Eliminating a previously proposed supermarket, Establishing commercial space to be limited to 112,500 square feet, and Increasing preserve and open space acreage. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The Twelve Lakes Development is located within the Urban - Mixed Use District, Urban Residential Sub-district, as identified on the Future Land Use Map (FLUM) of the Collier County Growth Management Plan (GMP). Relative to the petition, the purpose of the sub-district is to "provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated." Residential density within the Sub-district is governed by the County's Density Rating System (DRS), and may not exceed 16 units/acr in accordance with the Transfer of Development Rights Section of the La id MAY I 3 2003 EAC Meeting Page 3 of 9 Development C. ode (LDC). In proposing to reduce the number of residential units, the project is consistent with the density rating system of the GMP, in that the base density for the urban residential sub-district is 4 units/acre, and the proposed density of the project is 3.98 units/acre. As noted above, the currently approved project was deemed exempt from the ZR.O process, therefore, the approved project is found to be consistent with the GMP, as provided for in Policies 5.1 and 5.10 of the Furore Land Use Element (FLUE). Policy 5.1 states that projects approved prior to the adoption of the 1989 GMP are to be designated on the Furore Land Use Map Series as being "Properties Consistent by Policy." Zoning changes can be permitted on such properties, consistent with Future Land Use Element criteria, provided that "the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district.., are not increased." Policy 5.10 states that properties with vesting from pre-plan approvals are considered (in the FLUM Series) to be "Properties Consistent by Policy." The Twelve Lakes Development is also an approved Development of Regional Impact - (DRD, and therefore the Southwest-Florida Regional Planning Council (SWFRPC) and the Florida Department of Community Affairs (DCA) must review the proposed changes. Based upon the above analysis, this petition is consistent with the GMP. Conservation & Coastal Management Element: The proposed project is consistent with Policy 6.1.1 in that greater than 25 % of the existing native vegetation will be retained on-site, and set aside as preserve areas with conservation easements prohibiting further development. These preserve areas emphasize the protection of wetlands in a large contiguous area, in accordance with this Policy. The project is consistent with Policy 6.1.4 in that an exotic vegetation removal and maintenance plan will be required at the time of Site Development Plan/Construction Plan submittal. A stipulation to this effect is included in the PUD document. The requirement for an Environmental Impact Statement (EIS) pursuant to policy 6.1.7 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Agency permits are required prior to Site Development Plan/Construction Plan approval. As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban De~, Area and require mitigation for such impacts, this shall be deemed to meel the ~r~ MAY 1 3 2003 EAC Meeting Page 4 of 9 objective of protection and conservation of wetlands and the natural functions of wetlands within this area. In accordance with Policy 6.2.6, the required preservation areas are identified on the PUD master plan. Allowable uses within preserve areas have been included in the PUD document. A wildlife survey for listed species has been conducted on the site and included in the Environmental Impact Statement (EIS). In accordance with policy 7.1.2, wildlife habitat management plans will be required prior to Site Development Plan/Construction Plan approval. Copies of the EIS will be forwarded to the U.S. Fish and Wildlife Service CUSFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) for their review and comment. VI. MAJOR ISSUES: Stormwater Management: Twelve Lakes PUD is a 262.3 acre project located on the south side of Radio Road, north of Davis Boulevard, approximately one mile west of Collier Boulevard. The site is located within the Lely Canal Basin, at its northernmost part. There are no County stormwater maintenance facility adjacent to the site at the present time. The proposed drainage system will be divided into three basins. The stormwater system will be designed to meet SFWMD and Collier County roles and regulations for a 25-year 3-day storm event and for water quality. The discharge will be limited to 0.06 CFS/AC, and it will be directed to the southwest property comer, where the County will be placing a culvert connecting to the Davis Blvd. ditch. Environmental: Site Description: Native habitats on the subject property include hydric and non-hydric pine flatwoods, mixed pine and cypress, and shrub marsh. Also on-site are disturbed areas and areas dominated by exotics. Seasonal high water levels in representative portions of the wetlands on-site were determined using remote well data information as well as hydrobiological indicators, including water stain lines, moss collars and lichen lines. The average seasonal high water elevation in the major wetland on-site is 10.3 feet NGVD. Existing ground elevation in this area is approximately 9.6 feet NGVE MAY 1 3 2003 EAC Meeting Page 5 of 9 According to the Collier County Soil Survey prepared by the Natural Resources Conservation Service (NRCS), two soil types occur on the property. These are Pineda fine sand, limestone substratum (Unit 14) and Boca fine sand (Unit 21). Soil Map Unit 14 is listed as hydric by the NRCS. A map identifying the locations of the soils on-site along with descriptions for each of the soils are included in the environmental impact statement (EIS). Wetlands: Of the 262.29 acre project site, 147.86 acres (56.4 %) have been determined to be South Florida Water Management District (SFWlvlD)/Collier County jurisdictional wetlands. Jurisdictional wetlands on-site consist mainly of hyddc pine flatwoods and pine-cypress forested systems. The project as proposed will impact approximately 59.5 acres (40 %) of the jurisdiction wetlands on-site. Impacts to jurisdictional wetlands will be compensated by preserving and enhancing 88.36 acres of wetlands and 11.04 - acres of uplands on-site, and by purchasing credits from a regional mitigation bank. Enhancement of the preserve area will include eradication of exotic vegetation, primarily Melaleuca and Brazilian pepper, and hydrological enhancement of the preserve lying west of the proposed thru-road. The preserve area east of the thru-road will not be controlled by water management features and will retain its existing hydrology. The petitioner has estimated that approximately 16 credits fi-om a mitigation bank will be needed to help off-set impacts to jurisdictional wetlands. Preservation Requirements: As required in section 3.9.5.5.3 of the Land Development Code, twenty-five percent of the existing native vegetation will have to be retained on-site. Excluding previously cleared areas, there are approximately 234.1 acres of native vegetation on the property, of which a minimum of 58.5 acres are required to be retained on-site. Areas infested with Melaleuca were included in these calculations since they were not assessed for percent canopy coverage of Melaleuca pursuant to Policy 6.1,1 Conservation and Coastal Management Element of the Growth Management Plan. Listed Species: WilsonMiller ecologists conducted a survey specifically to document current on- site red-cockaded woodpecker (RCW) activity. The survey also included observations to document other state and federally listed species on the property. RCW-specific observations were conducted on September 13, 14, 17, 18, 1[ ~,, 20,~,,[n0A~~ 21, 24, 25, 26, and 28, 2001, on October 2, 2001 and on July 10, 11, 15, 1 17~1~. 1~ 1.-~ I MAY 1 3 2003 BAC Meeting Page 6 of 9 18, 19, 22, 23 and 24, 2002. These surveys constitute more than 132 man-hours in the field. The Twelve Lakes property has a history of documented red-cockaded woodpecker (Picoides borealis_) usage since they were first recorded on the site in 1990. Numerous RCW surveys have been performed since this time (see EIS). The last documented sighting of an RCW on the project site was in 1998, when a single bird was observed. Since this time, several informal observations and an RCW-specific survey by WilsonMiller ecologists, was performed on and adjacent to the property. These activities documented no RCW utilization of either the Twelve Lakes property or the once active cavity tree in the preserve on the Wildwood Estates property, suggesting that the birds may have relocated to another area. Two listed animal species were documented to occur on the property. These are gopher tortoise (Gopherus polyphemus) and Big Cypress fox squirrel (Sciurus niger avicennia). The gopher tortoise is listed as a Species of Special Concern by the Florida Fish and Wildlife Conservation Commission (FFWCC). A gopher tortoise specific survey was performed on the property on December 21, 2001, and January 4 and 14, 2002. Approximately 20 field hours were spent on the gopher tortoise survey. Results of the survey indicate that there are six gopher tortoise burrows (two active and four inactive burrows), each located in the northern upland area of the site. These tortoises will be relocated to the proposed on-site preserve. The Big Cypress fox squirrel is listed as Threatened by the FFWCC. In 1994, a listed species survey conducted by Southern Biomes documented six Big Cypress fox squirrels on the Twelve Lakes property. The most recent listed species survey documented a single Big Cypress fox squirrel in the southern half of the property: No squirrel nests were observed during the survey. If a squirrel nest is encountered during the construction process, the nest will remain intact until it can be determined by a qualified biologist that no young are present. Likewise, if a fox squirrel individual is encountered during construction, the fox squirrel will be encouraged to leave the area by a qualified biologist where construction activities are taking place. A FFWCC approved management plan for the Big Cypress fox squirrel will b~ implemented prior to construction. The following listed plant species were found during the September/October 2001 species survey: reflexed wild pine (.Tillandsia balbisiana), stiff-leaved wild pine (Tillandsia fasciculata), and butterfly orchid (Encyclia tampenesis). The stiff- leaved wild pine is listed as Endangered by the Federal Department of Agriculture (FDA). The reflexed wild pine is listed as Threatened and the butterfly flrr-hirl ie MAY 1 3 2003 EAC Meeting Page ? of 9 listed as Comm. ercially Exploited by the FDA. None of these plants is listed by the U.S. Fish and Wildlife Service (USFWS). VII. RECOMME~ATIONS: Staff recorranends approval of Planned Unit Development No. PUDA-2002-AR- 2240 "Twelve Lakes PUD/DRI" with the following stipulations: Stormwater Management: 1. This project must obtain a surface water management permit from the South Florida Water Management District. 2. Collier County Stormwater Management Section will review and approve the stormwater system. 3. Add the following language to the Water Management Section of the PUD - document: At the time of construction plans review, petitioner shall verify that peak stages do not cause adverse off-site impacts to neighboring developments. The Lely Area Stormwater Improvement Project identifies the ultimate outlet for this project as the southwest comer. Construction plans shall identify the outlet for Drainage Basin OFF-1 and reflect any provision of flow toward the southwest property comer. A 30' by 30' Drainage Easement, at the southwest comer of the property, for the construction of culvert structures shall be dedicated to the County when requested by the County, or prior to preliminary acceptance of approved improvements, or prior to certificate of occupancies issuance, whichever occurs first. Environmental: 1. Setbacks from preserve areas .re required to be 25 feet for principle structures and 10 feet for accessory structures (3.2.8.4.7.3 LDC). Include in table I in section ]XI of the PUD document, columns for these setbacks. MAY I 3 2003 EAC Meeting Page 8 of 9 PREPARED BY: STAN CHRZ~q6W~KI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEER SENIOR SYEPHEN LENBERGER DATE ENVmONMENTAL SPECIALIST REVIEWED BY: BARBARA $. BURGES~ DATE PRINCIPAL ENVIRONMENTAL SPECIALIST MAY 1 3 2003 EAC Meeting Page 9 of 9 THOMAS E. KUCK, P.E. DATE ENGINEERING SERVICES DEPARTMENT DIRECTOR ~LIAM D. L(~ENZ, Jr~ P.E. DATE ENVmONMENTAL SERVICES DEPARTMENT DIRECTOR pLMAR~~vIcRSE~LDE~fACRCPTMENT DIRECTOR D ATE APPROVED BY: D.~TE' & ENVIRONMENTAL SERVICES ADMINISTRATOR C: SUSAN MURRAY, AICP CURRENT PLANNING MANAGER MAY 1 3 2003 · PUDA-2002-AR-2240 '~~ PROJECT #19990231 -- DATE: 3/25/02 RAY BELLOWS APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.' Date Petition Received: Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) Centex Homes Applicant's Mailing Address 5801 Pelican Bay Blvd. ~d~ City., Naples State FL Zip 34108 Applicant's'Telephone # 598-4145 Fax # 598-1290 Name of Agent Donald A. Pickworth PA Firm Agent's Mailing Address 5150 N. Tamiami Trail, Suite 602 City Naples State FL Zip 34103 Agent's Telephone # 263-8060 Fax # 598-1161 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 PHONE (941) 403-2400 / FAX (941) 643-6968 MAY 1 3 2003 ~.,o~ 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary.) Name and Address Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address and Office Percentage of Stock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. See Attachment 'A' Name and Address Percentage of Interest MAY 1 3 2003 :~I/2oo2- lo4277 Ve~ o,- ~ns ~ '~ d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Date of Contract: Name and Address Percentage of Ownership Centex Homes, a Nevada general Partnership, by Centex Real Estate Corporation f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired [--] leased [--] Term of lease yrs./mos. See property deed included in submittal package. If Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date MAY 1 3 2003 h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 4 Township: 50 S Range: 26 E Lot: Block: Subdivision: Plat Book: Page #: __ Property I.D.#: Provided with property deed Metes & Bounds Description: Please refer to the PUD document for detailed legal. 4. Size of property: ~ ft. x ~ ft. = Total Sq. Ft. __ Acres _+262.33 5. Address/general location of subject property: Between Davis Boulvard and Radio Road, one mile west of Collier Boulevard 6. Ad,iacent zoning and land use: Zoning Land Use N Green Heron PUD Residential S Naples Heritage PUD Residential E RMF 12 Residential W Wildwood Estates PUD Residential Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Range: Lot: Block: Subdivision: Plat Book: Page #: ~ Property I.D.#: Metes & Bounds Description: 7. Rezone Request: This application is requesting a rezone from the PUD zoning district(s) to the PUD zoning district(s). Present use of the property: vacant Proposed use (or range of uses) of the property: residential, commercial, and preserve 8. Evaluation Criteria: Pursuant to Section 2.7.2.5 AND Section 2.7.3.2.5 of the Collier ~ounty Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. "~ MAY 1 3 2003 3/1/2002- 104277 Vet 01!- AJe~kJr, S 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No NAY 1 3 2003 3/1/20~2- 104277 Vet: 0t!- AJan~Jn$ P~~ STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST 1. Name of Applicant: 2. Mailing Address: City State Zip 3. Address of Subject Property (if available): 4. Legal Description: Section: Township: Range: Lot: Block: Subdivision: Plat Book: Page 4/: ~ Property I.D.#: Metes & Bounds Description: 5. Type of sewage disposal to be provided (check applicable system): a. County Utility System b. City Utility System [-] c. Franchised Utility System Provide Name d. Package Treatment Plant ['-1 (GPD capacity) e. Septic System ['-] 6. Type of water service to be provided: a. County Utility System b. City Utility System ['~ c. Franchised Utility System [-'] Provide Name d. Private System (Well) [~] 7. Total population to be served: 1000 units and 112,500 sq. ft. of commercial uses 8. Peak and Average Daily Demands: ~i~ A. Water - Peak 2,252,200 GPD Average Daily 590 2,66 ~A firm B. Sewer - Peak 1,766,000 GPD Average Daily 465 )00 GPD MAY 1 3 2003 3/1/2002- 10~277 ¥~': 011- A,I~nS 03519-001-004- ppLIO- 22919 9. If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: Between June and December 2003 10. Narrative Statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. Not applicable. Sanitary sewage will be collected and conveyed via gravity pipe flows to sanitary sewer pumping stations. These on-site pumping stations will pump into the existing County sanitary sewer force main system, which is then conveyed via force mains and pumps to the County treatment plant. 11. Collier County Utility Dedication Statement: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. The PUD language previously approved, and that is proposed with this amendment, states that potable water and sanitary sewer infrastructure will be permitted and constructed in accordance with the applicable sections of the Collier County Land Development Code and Collier County Utility Ordinance. These County Codes and Ordinances will require that we dedicate any potable water and sanitary sewer infrastructure to Collier County for the platted sections of the development. Therefore this section is redundant. MAY 1 3 ;?003 12. Statement of availability capacity from other providers: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Not applicable. Potable water and sanitary sewer service will be provided by Collier County Utilities. MAT 1 3 2003 PUD REZONE APPLICATION SUBMITTAL CHECKLIST This completed checklist is to be submitted with application packet! # of Not Requirements Copies Required Required 1. Completed Application 1 $ x 2. Copy of Deed(s) and list identifying Owner(s) and all 1 x Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 1 x 4. Pre-application notes/minutes 15 x 5. Conceptual Site Plans 15 x 6. Environmental Impact Statement (EIS) 4 x 7. Aerial Photograph (with habitat areas identified) 4 x 8. Completed Utility Provisions Statement (with required 4 x attachments and sketches) 9. Traffic Impact Statement (TIS) 4 x 10. Historical & Archaeological Survey or 4 x Waiver Application 11. Copies of State and/or Federal Permits 4 x 12. Architectural Rendering of Proposed Structure(s) 4 x 13. Application Fee, Check shall be made payable to -- x Collier County Board of Commissioners 14. Other Requirements - Audio recording of Public 1 x Information meeting and written summary As the aulhorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that~failure ! include all necessary submittal information may result in the delay of processing this petition. ~, ~v/~ ~' '~ ~gdnt/Appli~t gignature Date '/ , MAY 1 3 2003 AFFIDAVIT I, Tom Wegwert being first duly sworn, depose and say that Centex Homes is the contract purchaser of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As contract purchaser, I further authorize Don Pickworth, PA and Anita Jenla'ns, AICP to act as my representatives in any matters regarding this Petition. -S~'gr/ature of Co~act Purchaser Typed or Printed Name of Contract Purchaser The foregoing instrument was acknowledged before me this / <~-j-- day of March, 2002, by "'t~Dt~n~3. _ ~_ b(;~ffL~,~. ~'-'~ asWh°identification.iSp-~s'gna!l'v knowns.to me or has produced State of Florida : t/IcC ...... County of Collier (${bna~rg.~a~,."-'~P~.l, ti,.~..~r~__,.~,S~t~,rida) · ~ ', 2'~?~,~.' ~r_l_~' 7:ITt .,ts,~"~ '~ ~ . .- (Pri~ t, Typ~; o~' 'Stamp of Notary Public) I AY ! 3 2003 ATTACHMENT "A" TWELVE LAKES PUD LAND TRUST 5222 BENEFICIARIES Beneficiary % Boran, Craig, Schreck Ptr. 5.00 Jeannette & Dale Boucher, Co-Ttees 5.00 Edgar E. Davis, Ttee 10.00 Richard Deturk Estate 5.00 Dorothy E. Frengel, Ttee 5.00 Earl L. Frye, Ttee 17.50 Gamas Investors 5.00 Intrinsic-Radio Davis Prts. 15.00 Henry W. Krehling, Jr. 5.00 R. Michael Marston 2.50 Ribek Defined Cont. Pen Tr. 2.50 Robert B. Spence, Ttee 5.00 Edward F. Streit 5.00 Danny A. Tzakis 5.00 Larry A. Wynne, Ttee 5.00 Donald B. Zumfelde 1.25 Ruth Ann Zumfelde 1.25 Total 100.00 M AY13Z003 ) ,,, e3/es/20e2 ii:io 94i59ei29o CENTEX HONES NAPLES PAGE e2.,'i4 '10~- 27;2 CONDO PH 12 & R/W DESC 20ot Fina/Tax Roll Sales PUDA-2002-AR-2240 PROJECT #19990231 DATE: 3/25/02 RAY BELLOWS 1 3 2003 03/05/2002 11:10 9415981290 ~ENTEX HO~ES NAPLES PAGE 83..'"14 ,0~/0~/02, li:3~- ~J~ 1 ~l ~o ~014 o~ ~LIC ~oo~ ~ 1 ofl 2001 ~n~ T~ Roll S~ H~to~ I~pro~ Value $ Or~ 02 t lgg6 ~ ~Sl - 1~ B : $ 0.~ ~ va[~ $ O~ L.,est Up¢l=~d: 02/2.6~)02 HAY ! 3 2003 },L~,,//www.eolliera~za~e~'.coa~ssp?Fo~O'=O000000400244602 03/05/2002 1l:18 9415981290 CENTEX HONES N~F'LES PAGE · 03t0~t0~. II:a~ P'~ I 941 ~0 ~01~ O~LIC ~004 P~e 1 of 1 ; RWIF. J~ DR STE 2QI ~, - 2750 . ~ 2E SEC 4, 2001 Final ~ Roll Sal~ H~W ' L~t Updamd: 0~Z5~2~02 '-' MAY 1 3 2003 )~p:/twvrw. coiUez~ajser.co~etajl.asp?Fot~ol.D=O000000400244,10~ p~ 03/05/2002 11:10 9415981290 CENTEX HOMES NAPLES PAGE 85/14 - P~ 1 I -- ~p~ed V~ $ e.~ ga I ~JN JJ ~si L 20~ ~ ~,ooo.~mJ Last U~atecl: NAY 1 3 2003 h~p d/ww'w.colli~pra/set, cofr',/Recor~DMa/L ~l:~? F°Ii°LD~)0000004~&$ O09 03/05/2002 11:10 9415981298 CENTEX HOMES NAPLES PAGE 06/14 [~oo6 Pagc I of 1 · ~ ~ ~ : ~ I _~. k- 2752 Range Ac~s J No- ~ V~ $ ~7,D50~0 ~ U~ated: O?J25/"v~2 'MAY 1 3 2003 83/85/2882 11:10 9415981298 CENTEX HO~d~S Nd~:)LES PAGE 07/14 ,0~/0~/OZ . 11:33 FAX i ~41 ~$0 9014 ~0~,.,D 6019Z9 0005~2 · OR BOOK PA~E ! ~. o, ~?~ ) ) ,,, ~ ~. ~,~,,- o, ~r ~L~::,:;~oL~], ~ teet~t of ~btch Is ber4by acknowledge, be~e~ 9[ n and , ~G ~ ~all ~er ~ the G~4 ~mz~ ~ ~r a~ mG~ozLt~ ~ ~ocect~ w~i u~ ti. I~Aw oK ~o l/ul~ ox ~o ' re.rd, ~ ~Y, ud t~m ~oz i~M~ ffelim. . ~.,' ~ ~ - . · -~-~:' ~ ~ . .. - ~.(. , .... ~~-- . PAGE 08/14 03/05/2002 1:1:10 94159B1290 CENTEX ~S ~LES .~oo8 ,~~~ ~ I 941 ~90 9014 O~ ~~ 0DI929 O00Sb3 ~ B~K ~egf, I ..... ees~s et ~c~ ..... ~ .... ~ ~d . loA gvnA~ i~l ~e u~C_~. , mT~t t ama m~e~me ~ m~d ~o~tty, · m~y ~a~e ~ , ~ co~LLed 4ve~ hod, ~:ut ~d, ~ccgage, the tine o~ the deX~vez~ 03/05/2002 11:10 9415981298 C. ENTEX HOMES NAPLES PAGE 09/14 '03/'05/0~ '~1:34 F~ i ~4~ 5YO 8014, O~ ~LIC ~0o~ o, R~r ;p,cr~tr ub~ ~t ~:us~ A~c ~ ~elaza~on ~ ~C Mne~e~ hece~r ~b~X have any table or An~e~o8~, 1~ or ~e:evar old he~, Lb~ u~e o~ t~, ~n~r fi~er Sl~ed, so,Xed ud deiAveced *pATTO~ OZ FL~ N.i., ~u~bem T~ ~ ~ HAY 1 3 2003 03/05/2002 il: 10 94159B1290 CENTEX I-IOI',~S N,~::'LES PAGE 10:'"14 · 03/05/02, 11:34 FA~ 1 ~41 ~0 9014~ O~ ~LIC ~0~0 OD 1929 O00SkS ~lcstbm6 tA ~d MbO e%icuted ~e load Dmmd mm ~eha%~ o~ laid 03/0512002 11:10 9415981290 CENTEX HONES N~PLES PAGE 11/i4 1 ~ , ~4~ ~ _~ ~A~ ~i~e 202 . ~p~_ ~ ~1G3 ~ ~- 31 nAB ' ~~ 2r 1998 [ i MAY 1 · 03105/2002 11:10 9415C:JB1290 CENTEX HOHES ~PLES PAGE 12/14 MAY 13 2003 · 03105/2002 11:i0 9415981290 CENTEX HONES NAPLES PAGE 13/"14 . ~~ . . · - ,. .~-., · ~ ..'.~'.' ; 83/85/2882 11:18 9415981298 CENTEX HOMES NAPLES PAGE 14/14 WiisdnMiller · PUDA-2002-AR-2240 PROJECT #19990231 DATE: 3/25/02 RAY BELLOWS March 21, 2002 Mr. Ray Bellows Development Services Center 2800 N Horseshoe Ddve Naples, FL 34104 Re: Twelve Lakes PUD Amendment Dear Mr. Bellows: Centex Homes is submitting the Twelve Lakes PUD amendment application for the primary purposes of updating the master plan and development standards within the approved Twelve Lakes PUD in order to meet the modern design needs of a Centex Homes neighbo-hood. The Twelve Lakes PUD was originally approved in 1986, and as such, the master plan and development standards are antiquated. Amendments to the originally approved PUD are necessary for Centex Homes to create a neighborhood design that meets the needs of today's homebuyers by providing modern choices, from villas to single family residences, which are surrounded and enhanced by protected natural resources. The proposed master plan illustrates Centex Homes' desire to protect natural resources within their neighborhoods. The master plan nearly doubles the amount of natural preserve with an increase from 48 acres to 91 acres. The PUD text changes reflect the need to update development standards from the originally approved 1986 standards. The amendments reflect modern development standards that have recently been adopted by the Board of County Commissioners in other Planned Unit Developments. We look forward to working with you through the PUD review process. Please do not hesitate to contact me, or Don Pickworth, should you have any questions or need additional information. Sincerely, Anita L. Jenkins, Project Manager Cc: Tom Wegwert, Centex Homes Don Pickworth, Esq.No._jr~ rT~~ HAY 1 3 Naples Fort Myers Serasota Bradentoo Tampa 3200Ea//eyLane. Su/te200 Nap/es, F/onda34105-8507 941-649-4040~ 941-643-57 ~ ~ 5~ ~oem~ v,,~ o1~- *..,.n,m www. wilsonmitler, com PUDA-2002-AR-2240 · PROJECT #19990231 ..- DATE: 3/25/02 RAY BELLOWS Twelve Lakes PUD Amendment Traffic Impact Statement Waiver Request A request for a waiver of the requirement to submit a Traffic Impact Statement as part of the Twelve Lakes PUD Amendment application was made as part of a transportation methodology meeting with County Staff on January 3, 2002 (copy of meeting minutes attached) and the official Pre-Application Conference on January 4, 2002. At the request of Staff, the following information is provided to document the merits of waiver request. The original Twelve Lakes PUD was approved as a Development of Regional Impact (DRI) on February 10, 1987, to include 1310 dwelling units and 160,000 sq. ft. of commercial development on 11.25 acres. Following a sedes of Development Order (DO) amendments that changed the development schedule, a DO amendment on December 16, 1997 eliminated the typical transportation-related obligations and substituted a requirement that the project comply with the County's Adequate Public Facilities Ordinance. On June 9, 1998, a PUD Amendment reduced the maximum allowable number of dwelling units to 1,000 and the maximum square footage of commercial to 112,500. The DRI Development Order expired under its own terms on February 10, 2000. The PUD ordinance governing the project is still in effect. Because the project size is now under the DRI thresholds, the project can proceed as presently zoned (PUD). The proposed PUD amendment maintains the integrity of the currently approved use mix, and as a result does not involve any increase in traffic beyond that which is already approved. The applicant wishes to amend the PUD document, bringing it up to current standards, without modifying the maximum allowable number of dwelling units and commercial area. Due magnitude of environmental permitting in place today, a new master plan setting aside over 90 acres of preserve area, more than double the original +_40 acres of preserves, is being submitted as part of the amendment. One of the original stipulations in the master plan called for an interconnection of the local street system to a neighboring residential project to the west (Sable Lakes). Due to the new preserve area on the west side of the project, an interconnection through the preserve to connect the Twelve Lakes main road to Sable Lakes is unlikely to find favor with the permitting agencies. As such, the interconnection has been deleted from the new master plan. Staff has concurred with this change. Except for some minor realignment of the main N/S roadway that provides access to both Radio Road and Davis Blvd., no other transportation related changes are being made to the plan. As required by the odginal PUD, the main N/$ road will remain open to the public, wh le at the same time allowing for the option of private, secure neighborhoods to access the main roadway. The standard commitments for turn lanes, signalization and compensating PJW will be provided for in the PUD document. Any additional transportation documentation or information will be ..--.. provided upon request. I ~AGF=Ni>AiT~ i MAY 1 3 2003 · WilsdnMiller MEMORANDUM OF MEETING Meeting Date: January 3, 2002 Time: 3:00 p.m. Meeting Location: Collier Co. Transportation Planning Dept. Conf. Rm. PIN: 03519-001-004- File Identifier: Project Name: Twelve Lakes PUD Purpose of Meeting: Transportation Methodology Mtg. & TIS Waiver Request Minutes Prepared By: Jeff Perry Minutes Date: 1/29/02 Attendees: Dawn Wolfe Jeff Perry Copy To: Dawn Wolfe Comments or Actions Required: If you should have any comments or changes to the following please contact me within the next 30 days or the following will stand as a true and accurate account of the proceedings. Mr. Perry described the proposed project, giving a chronology of the DRI/PUD approvals, discussing amendments to the DO, PUD and phase table changes. Mr. Perry advised that the DO has expired (Feb. 2002) however, the PUD is still valid, and the project as currently approved no longer is classified as a DRl-level of development. Mr. Perry advised that the project density was reduced from the original 1310 dus to 1000 dus in a PUD amendment in 1998. A maximum of 112,500 sq. ft. of commercial can be developed on 11.25 acres abutting Davis Blvd. The proposed land plan/PUD document change allows some or all of this 11.25 acres to be changed to residential, without an increase in the maximum number of allowed dwelling units. Mr. Perry advised that the current proposal (PUD Amendment) is that of a master plan change and at this point does not involve a change in the maximum allowed land uses. The property is under a purchase contract that requires the current owner's land use entitlements be preserved. Mr. Perry also explained that over time, all of the transportation related commitments/stipulations in the DO that related to roadway impact obligations had been eliminated and replaced with a standard concurrency requirement (The 12 Lakes PUD is subject to the County's Adequate Public Facilities Ordinance). The PUD will continue to contain the customary required commitments for turn lanes, traffic signals, right-of-way, etc. Mr. Perry indicated that PJVV commitments previously identified in the DO/PUD :1 accommodated, if needed. Ms. Wolfe indicated that she believed that the County already acquired the necessary right-of-way for Radio Rd. and believed that the MAY 1 3 2003 have all of the PJW it needs for the future widening of Davis Blvd. Compensating RNV for turn lanes may still be needed. Mr. Perry reminded Ms. Wolfe that in two previous meetings with the proposed developer, they had previously discussed the need to eliminate the approved interconnect to the project to the west due to a preserve area that effectively blocks a connection, and the fact that the main N/S spine road would remain public while access roads could be gated. Mr. Perry indicated that the applicant would be requesting a TIS waiver as part of the PUD Amendment application. The waiver request was conditionally supported by Ms. Wolfe, provided that adequate documentation supporting the request was prov'ded at the time of PUD amendment application submittal. Ms. Wolfe indicated that because there is no change in the currently allowable land uses, there would not be any additional analysis required. Ms. Wolfe indicated she would discuss the project and provide information to Greg Garcia for the official pre-app meeting scheduled for January 4, 2002. MAY I 3 2003 ,.. 035~ 9-001-004- PC, OR- 22939 1.5 DEVELOPMENT OF REGIONAL IMPACT A. The Twelve Lakes DRI Devlelopment Order Resolution 87-1, as amended, has expired. Subsequent to the adoption of Resolution 87-1, the residential thresholds applicable to Collier County have increased such that the residential development authorized by this PUD is no longer required to undergo DRI review. No development under this PUD shall be permitted until the Development Order has been abandoned pursuant to Rule 9J-2.0251, Florida Administrative Code, or a new Development Order has been adopted, at the election of the owner. MAY 1 3 2003 ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 0604N AND 0604S BY CHANGING TRE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE TWELVE LAKES PUD FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 262.33+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 87-4, AS AMENDED, THE FORMER TWELVE LAKES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Amta L. Jenkins, of WilsonMiller, Inc., and Donald A. Pickworth, P.A., representing Land Trust #5222, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 4, Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made a part hereof. The Official Zoning Atlas Maps numbered 0604N, and 0604S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 87-4, as amended, known as the Twelve Lakes PUD, adopted on February 10, 1987 by the Board of County Commissioners of Collier County is hereby repealed in its entirety. SECTION THREE.' This Ordinance shall become effective upon filing with thc Dc-partment of State. MAY I 3 2{)03 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: TOM HENN1NG, CHAmMAN Approved as to Form and Legal Sufficiency Ma~jorie M. Student Assistant County Attorney PUDA-2002-AR-2240/RB/lo MAY 1 3 2003 TWELVE LAKES A PLANNED UNIT DEVELOPMENT PREPARED FOR Centex Homes 5801 Pelican Bay Boulevard, Suite 600 Naples, FL 34108 MARCH 2003 MAY 1 3 2003 4/10/2003-103024 Ve~: 03A- PCase 03519-001-004- PPUO- 22919 EXHIBIT A TWELVE LAKES PLANNED UNIT DEVELOPMENT DOCUMENT Prepared by: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Date Filed: 4-01-86 Date Approved by CAPC: 12-18-86 Date Approved by BCC: 2-10-87 Ordinance Number: 87-4 Amended Ordinance Number: 98-50 Date Amendment Filed: 3-4-02 Date Approved by CCPC 4-3-03 Date Approved by BCC '~-"---'~'~'-'""~'m~jnl:~ ' Ordinance Number MAY 1 3 2003 INDEX STATEMENT OF COMPLIANCE ...................................................................................................... 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION .................................................. 2 SECTION II PROJECT DEVELOPMENT .................................................................................... 4 SECTION III RESIDENTIAL DISTRICT ...................................................................................... 14 SECTION IV COMMERCIAL DISTRICT ..................................................................................... 17 SECTION V PRESERVATION AREA DISTRICT ...................................................................... 19 SECTION VI GENERAL DEVELOPMENT COMMITMENTS .................................................... 20 EXHIBIT A TWELVE LAKES MASTER PLAN (WilsonMiller File No. D-03519-08) MAY 1 3 2003 STATEMENT OF COMPLIANCE Development of Twelve Lakes as a Planned Unit Development will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The project's residential, commercial and associated recreational facilities will be consistent with the growth policies and land development regulations of the GMP Future Land Use Element and other applicable regulations for the following reasons: 1. The Twelve Lakes development (Ordinance 87-4) was zoned to PUD prior to adoption of the GMP (January 10, 1989), and was found to be consistent through the zoning reevaluation program; and therefore is found to be consistent with the GMP as provided for in Policy 5.1. of the Future Land Use Element (FLUE). The development will be compatible with and complimentary to the surrounding land' uses as required in Policy 5.4 of the FLUE. 2. All project improvements will be in compliance with applicable land development regulations as set forth in Obiective 3 of the FLUE. 3. The Master Development Plan insures a generous amount of common open space and flexibility in design to insure a quality living environment for residents of the development as set forth in the Collier County Land Development Code (LDC), Planned Unit Development District. NAY 1 3 2003 4,/10/2003. 103024 Vet': 03A- Pease 2 -- SECTION I PROPERTY OVVNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property to be developed under the project name of the TVVELVE LAKES PUD. 1.2 LEGAL DESCRIPTION The subject property is 262.3 acres in area. It is described as: That portion of the east 1/2 of Section 4, Township 50 S, Range 26 E, Collier County, Florida, located north of the right-of-way for Davis Boulevard and south of the right-of-way for Radio Road. 1.3 PROPERTY OWNERSHIP Title to the subject property is currently in Land Trust # 5222, held by The National Trust Company, P.O. Box 1857, Naples, Florida 33939-1857. The land trust constitutes a unified ownership vehicle. Decisions regarding trust management are made by a single trustee in accord with management guidelines approved by a majority of the trust beneficiaries. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA ~' A. The 262.3 acre tract, bounded on the north by Radio Road and on the south by Davis Boulevard, lies one mile west of the Davis Boulevard/Collier Boulevard intersection. B. The project site is generally bordered on the west by residentially zoned property; on the north by Radio Road; on the east by residentially zoned property; and on the south by Davis Boulevard. C. The property at the time of PUD to PUD rezone application was zoned PUD. D. The property is relatively fiat, ranging in elevation from just under 12 feet to 9.5 feet above mean sea level. Lands lower than 10 feet in elevation are generally wetland, vegetated primarily with scattered cypress and associated wetland plants. All other lands are generally vegetated with pine and associated upland plants. The largest wetland area lies in the southeasterly portion of the property and abuts Davis Boulevard. E. Soil types on the property include Boca fine sand and Pineda fine sand, and limestone substratum. The wetlar "J areas occur in such shallow depressions and have such a short hydropedod that cypress swamp soils have not formed. F. The project is located in the Lely Outfall Canal (Water Management District 6) as depicted within the Collier County Drainage Atlas (January 2002). 1.5 DEVELOPMENT OF REGIONAL IMPACT The Twelve Lakes DRI Development Order Resolution 87-1, as amended, has ~le~,~_~,..llT~ Subsequent to the adoption of Resolution 87-1, the residential thresholds appl ~a Collier county have increased such that the residential development authorize by ~ NAY 1 4/1~2003- 103024. Vet' 03A- PCase 03519-001-OO4- PPUlD- 22919 PUD is no longer required to undergo DRI review. No development under this PUD shall be permitted until the Development Order has been abandoned pursuant to Rule 9J- 2.0251, Florida Administrative Code, or a new development order has been adopted, at the election of the owner. MAY 1 3 2003 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the project development plan for the Twelve Lakes PUD and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Twelve Lakes PUD may include a range of single family and multi-family housing along with a commercial center, which will provide many services and facilities that support its residents B. The Master Plan is illustrated graphically on Exhibit "A" (VVM, Inc. File No. D-03519-2). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, acreage, and configuration of individual tracts shall be determined at the time of preliminary subdivision plat approval with minor adjustments at the time of final plat approval. 2.3 COMPLIANCE WITH COUNTY ORDIANCES A. From and after the adoption of this PUD Ordinance, all project development shall be in accordance with the development regulations set forth in this document and any other applicable provisions of the LDC, the GMP and other ordinances of the County. The PUD document is the prevailing ordinance governing the zoning and development of the Property. In the event of a conflict between the development regulations contained in this PUD and other ordinances of general application, including the LDC, the provisions of this PUD Ordinance shall prevail. Should the PUD Ordinance be silent on a particular matter, the LDC or other ordinances of general application in effect at that time shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. 2.4 MAXIMUM PROJECT DENSITY No more than 1,000 residential units shall be constructed within the Twelve Lakes project. Development of all 1,000 dwelling units results in a gross project density of approximately 3.8 units per acre. 2.5 SITE DEVELOPMENT PLAN APPROVAL REQUIRED Division 3.3, Site Development Plans, of the LDC (Article 3, Division 3.3) shall apply to the Twelve Lakes PUD, except where an exemption is set forth herein or is otherwise granted pursuant to Section 3.3.4 of the LDC. 2.6 RECORD PLAT APPROVAL REQUIREMENTS The Subdivision Division of the LDC (Article 3, Division 3.2) shall apply to the Twelve Lakes PUD, except where an exemption is set forth herein or is otherwise granted .---- pursuant to Section 3.2.4 of the LDC. MAY 1 3 2003 v.r 0,A..o,,. 2.7 DEVELOPMENT PHASE SEQUENCE A. Submission, review and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property. B. Following submittal, review, and approval of the first phase Final Subdivision Plat, clearing and filling for the entire site for the following land use types shall be permitted: Rights-of-way (public and private) Surface water management berms Surface water management lakes C. Following submittal, review, and approval of the first phase Final Subdivision Plat, excavation and blasting shall be permitted for the construction of all of the surface water management lakes and infrastructure. 2.8 LAKES, DETENTION AREAS AND EXCAVATION A. Water management facilities shall be constructed to the size and depth required to meet water quality needs and to be consistent with the requirements of Division 3.5, Evcavation, of the LDC and South Florida Water Management District (SFWMD). An excavation permit will be required for the construction of the proposed lakes in accordance with Division 3.5 of the LDC. B. Upon receipt of a development excavation permit, all lakes may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1 of the LDC, however removal of fill and rock from the Twelve Lakes PUD shall be administratively permitted in an amount up to 10 percent per lake (20,000 cubic yards maximum), unless a commercial excavation permit is issued. C. Off-site hauling of rock and fill material shall be a permitted use within this PUD subject to the receipt of a development excavation permit which shall be administratively processed by the Community Development and Environmental Services Administrator. D. The finished side slopes of the excavated lakes, expressed as the ratio of the horizontal distance in feet to one foot of vertical elevation change, shall be constructed at a slope of four to one (or flatter) from the existing grade to a breakpoint at least six feet below the control elevation. Below this breakpoint slopes shall be constructed at a slope of two to one or flatter. 2.9 COMMUNITY DEVELOPMENT DISTRICT A. The developer may elect to establish a Community Development District (CDD) to provide and maintain infrastructure and community facilities needed to serve the Twelve Lakes PUD. Such a CDD would constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure will be managed and financed by such a CDD. The construction of this infrastructure shall be subject to, and shall not be inconsistent with, the GMP and all applicable ordinances dealing with plann~ permitting of the Twelve Lakes development. MAY 1 3 2003 6 2.10 ROADWAYS A. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during preliminary subdivision plat review. The developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. B. The developer retains the right to establish gates, guardhouses, other access controls, signs and monuments as may be deemed appropriate by the developer on all privately owned and maintained project roadways. C. Roadways within the Twelve Lakes PUD shall be designed and constructed in accordance with Section 3.2.8.4.16. of the LDC with the following substitutions: 1. LDC Section 3.2.8.4.16.5. - Street right-of-way width: The minimum right-of- way width to be utilized for a local street within Twelve Lakes shall be forty (40) feet. 2.11 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Collier County Planning Services Director for engineering and safety considerations during the development review process and prior to any installations of such amenities. 2.12 MODEL HOMES/SALES CENTERS/SALES OFFICES/CONSTRUCTION OFFICES A. CONSTRUCTION OFFICES 1. A temporary use permit shall be granted initially for a period not to exceed 48 months in length pursuant to the requirements of Section 2.6.33.3. of the LDC. The Planning Services Director may extend the duration of the temporary use permit for a time period equal to the date of the issuance of the last certificate of occupancy for the project. 2. Construction offices may use septic tanks or holding tanks for waste disposal subject to permitting under Rule 64E06, F.A.C. and may use potable or irrigation wells. 3. Offices located in permanent structures shall be required to connect to the central utility system at the time it becomes available. B. MODEL HOMES, SALES CENTERS AND SALES OFFICES 1.Model homes, sales centers, and sales offices shall be permitted principal uses throughout the Twelve Lakes PUD. 2. Model homes shall be "wet" or "dry" facilities. a) "Wet" facilities may be occupied by a sales office and/or representative. b) "Dry" facilities shall be unoccupied by a sales office and/or repr~ c) The sales center shall provide the required parking and handica ~D~C.:~D~~ accommodations in accordance with Section 2.6.33.4.1.11. of NAY 7 3. Temporary use permits for model sales centers and sales offices that are located in permanent structures, other than dwelling units and dry model homes, shall not be required. 4. Temporary use permits for (a) model sales centers, (b) sales offices located either in permanent structures within a dwelling unit or in a temporary structure, (c) sales offices located in multi-family structures, and (d) wet model homes shall be required. a) The temporary use permit shall be issued initially for a period of four (4) years. Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with section 2.7.4 of the LDC, except where the model sales center, sales office or wet model homes are located within a "model home row", in which case the Planning Services Director may extend the temporary use permit for a time period equal to three (3) months after 100% of the Twelve Lakes PUD units are sold. 5. A model sales center or sales office shall require an approved site plan as follows: in the case of a permanent structure which is a dwelling unit, a conceptual site plan (CSP) which meets the requirements of Section 2.6.33.4.1.11 of the LDC; in the case of a permanent structure which is other than a dwelling unit, a site development plan (SDP); in the case of a temporary structure (mobile home or sales trailer), either a CSP which addresses the requirements of section 2.6.33.4.1.11. of the LDC, or an SDP, depending on the extent of the work required. 6. A maximum of ten (10) model homes shall be permitted within this development prior to final plat approval. Model homes to be located within a proposed single family development may be approved following administrative approval of the plat and construction drawings for all required infrastructure encompassing the lots on which the models are to be constructed pursuant to Division 3.2. of the LDC. Temporary use permits for units used for sales centers in multi-family projects will not be issued prior to final plat recordation or prior to final approval of the project site development plan. 7. Unoccupied dry model homes will be permitted only in conjunction with an approved site development plan for a model sales center which provides adequate parking to support the model(s). Temporary use permits for occupied wet model homes shall require a conceptual site plan which addresses the requirements of Section 2.6.33.4.1.11. of the LDC. 8. Model homes, sales centers, and sales offices may use septic tanks or holding tanks for waste disposal subject to permitting under Rule 64EC)6, F.A.C. and may use potable or irrigation wells prior to the availability of central utility systems at which time connection to the central system shall be made. HAY 1 3 2003 2.13 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the developer in connection with any type of development or permit application required by the LDC. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Twelve Lakes Master Plan upon wdtten request of the developer. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the GMP and the Twelve Lakes PUD document. 2.The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: 1. Reconfiguration or relocation of lakes, ponds, canals, preserve areas or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District. 2. Internal realignment of rights-of-ways. 3. Relocation of access points to Davis Boulevard or Radio Road, if required by Collier County. 4. Reconfiguration, relocation or change in acreage of parcels, when there is no decrease in preservation area, or increase in commercial area. C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. D. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for subdivision or SDP approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.14 COMMON AREA MAINTENANCE Most common area maintenance will be provided by a CDD or a Property Owners' Association. For those areas not maintained by a CDD, the developer shall cre: t,, ~ ,,= property owners' association or associations, whose functions shall include pro~ sion the perpetual maintenance of common facilities and open spaces. A CDD or thl prol~leOy )r-j ..~ MAY 1 3 2003 9 owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving the Twelve Lakes PUD, in accordance with the provisions of Collier County Ordinance 90-48 and Resolution 90-292, together with any applicable permits from the South Florida Water Management District. 2.15 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Twelve Lakes PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 3:1 2. Ground covered berms 2:1 3. Rip-Rap berms 1:1 4. Structural walled berms - vertical B. Fence or wall maximum height: Ten feet (10') as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscape berm that is higher than the nearest residential structure, the wall shall not exceed eight feet (8') in height from the top of berm elevation. C. Upon submission of a typical cross-section, plan view and vegetation removal permit application, the Community Development and Environmental Services Department Administrator may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Twelve Lakes PUD boundary pdor to preliminary subdivision plat and site development plan submittal. Subsequent to construction, all such areas must be included in a landscape easement on final plats, or identified in a separate, recorded instrument. D. Fences or walls may be placed zero feet (0') from the internal right-of-way provided that shrubs are provided in the right-of-way pursuant to Section 2.11 of this PUD Document and may be located five feet (5') from the project perimeter. E. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall be subject to the height limitations for principal residential structures. In the case of access control structures within rights-of- way adjoining two or more different districts, the more restrictive height standard shall apply. F. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, signs and utilities are allowed in landscape buffers. G. Landscape berms located within the Twelve Lakes PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or right-of-way line. H. Permiter buffers shall meet the LDC requirements in effect at the time of SDP or PSP rev,ew. N~ MAY 1 3 2003 10 I. Internal recreational and community facilities do not require perimeter buffers. 2.16 GENERAL PERMIT-I'ED USES Certain uses shall be considered general permitted uses throughout the Twelve Lakes PUD except in the Preservation Area, unless otherwise provided for in Section V of this PUD Document. General permitted uses are those uses which generally serve the developer and residents of the Twelve Lakes PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, trails and recreational facilities. 7. Temporary construction, sales, and administrative offices for the developer and the developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape/hardscape features including, but not limited to, landscape buffers, berms, fences, water features and walls subject to the standards set forth in this PUD. 9. Fill storage, site filling and grading subject to the standards set forth in this PUD Document. 10. Any other accessory use which is comparable in nature with the foregoing uses and which is approved through the process set forth in the LDC. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures associated with General Permitted Uses: 1. Guardhouses, gatehouses, signage and landscape features, and access control structures shall have no required setback. 2. Setback from property lines: a) Front: ten feet (10') b) Side: five feet (5') c) Rear: ten feet (10') 3. Minimum distance between structures which are part of an architecturally unified grouping-five feet (5'). ~.1~, ~ I~ MAY 1 3 11 4. Minimum distance between unrelated structures - ten feet (10').' C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein shall be in accordance with the LDC provision in effect at the time of SDP or PSP review. 2.17 OPEN SPACE REQUIREMENTS The preserve area, lakes, open space, and buffer designations, in conjunction with open space areas included within the Residential District, shall fully satisfy the open space requirements of the LDC. 2.18 NATIVE VEGETATION RETENTION REQUIREMENTS The preserve areas on site shall satisfy the requirements the Conservation and Coastal Management Element of the GMP. There may be some adjustments to the proposed preserve areas during SFVVMD and federal permitting. 2.19 SIGNAGE A. General All Collier County sign regulations in force at the time of building permit approval shall apply unless such regulations are in conflict with the regulations set forth in this Section, in which case the PUD Document shall govern. 1. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign permitted herein. 2. Should any of the signs be requested to be placed within a County dedicated right-of-way, a right-of way permit must be applied for and approved. 3. All signs shall be located so as not to cause sight line obstructions. 4. All internal project rights-of-way may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Director for consistency with the requirements set forth herein. 5. Signs may be allowed in landscape buffers. B. Boundary Markers 1. One boundary marker or monument may be located at each property corner. The boundary marker may contain the name of the community and the insignia or motto of the development. 2. The sign face area may not exceed 80 square feet and may not exceed the height or length of the monument upon which it is located. If the sign is two- sided, each sign face may not exceed 60 square feet in area. 3. Sign face area is calculated by the total square footage occupied by the name, insignia, and motto only. ~AC~ITE~ ' MAY 1 3 2003 12 4. The setback for the signs from Davis Boulevard or Radio Road rights-of-way and any perimeter property line shall be 5 feet. C. Project Entrance Signs 1. Three ground or wall-mounted entrance signs maybe located on each side of the entrance right-of-way and in the entry median. Such signs may contain the name of the community, and the insignia or motto of the development. No sign face area may exceed 100 square feet and the total sign face area of an entrance sign may not exceed 200 square feet. If the sign is a two-sided sign, each sign face may not exceed 100 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3.The setback for the signs from Davis Boulevard or Radio Road rights-of-way and any perimeter property line shall be 5 feet. 4. Entrance signs may not exceed a height of 2.O1__~.5 feet above the finished ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road, unless the wall or monument is constructed on a perimeter landscape berm. D. Temporary Signs 1. Temporary signs may be permitted and may consist of the following types: project identification, boundary marker, real estate, sales center identification, and directional. 2. Each sign may not exceed 160 square feet in area. If the sign is two-sided, each sign face may not exceed 160 square feet in area. 3. The setback for temporary signs from Davis Boulevard or Radio Road rights- of-way and any perimeter property line shall be 5 feet. 4. Temporary signs may not exceed 2-~15 feet in height above the finished ground level of the sign site. 5. Temporary signs may remain in place simultaneously with permanent signage until the project reaches g-1~6_~0% build-out. 6. Special event signs, not exceeding 32 square feet per side in size, may be displayed to announce or advertise such temporary uses as open houses, community fairs or programs or any charitable, educational event. Such sign shall be located no closer than 10 feet to any property line. Such signs may be displayed on light poles. 7.Grand opening signs: the developer may display on-site grand opening signs not exceeding 32 square feet total. 8. No building permit is required for temporary signs as listed above. A~:NDA rl~ NAY 1 3 2003 103024 Vel: 03A- PC~se 13 E. Construction Entrance Signs 1. Two "construction ahead" signs may be located at appropriate distances ahead of a construction entrance with a maximum of 20 square feet each in size. No building permit is required. 2. One sign, with a maximum of 20 square feet in size, may be located at each construction entrance to identify the entrance as such. No building permit is required F. Internal Signs 1. Residential and community facilities entrance signs may be located on both sides of the neighborhood entrance street and within the entry median. Setbacks from internal road rights-of-way may be zero feet (0'). Such signs may be used to identify the location of neighborhoods, clubhouse, recreational areas and other features within the Twelve Lakes PUD. Individual signs may be a maximum of 100 square feet per sign face area. Such signs shall be a maximum height of 12 feet. No building permit is required. 2. Directional or identification signs may be allowed internal to the subdivision. Such signs may be used to identify the location or direction of approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs may be a maximum of 6 square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 64 square feet per side and a maximum height of 8 feet. 3. Wildlife crossing signs may be located within public rights-of-way in accordance with the South Florida Water Management District and Army Corps of Engineers permit requirements. Setbacks from road rights-of-way may be zero feet (0'). Individual signs may be a maximum of 6 square feet per side. 4. VV~ldlife identification signs may be located within the Preserve District in accordance with the South Florida Water Management District and Army Corps of Engineers permit requirements. Individual signs may be a maximum of 6 square feet per side. No building permit is required. 5. The developer may locate real estate signs with a maximum size of 6 square feet per side in residential districts. No building permit is required. G. TRAFFIC SIGNS 1. Tr; ffic signs such as street signs, stop signs, and speed limit signs may be designed to reflect a common architectural theme. 14 SECTION III RESIDENTIAL DISTRICT 3.1 PURPOSE The purpose of this Section is to identify the permitted uses and development standards for areas within the Twelve Lakes PUD designated on the Master Plan as "R." 3.2 MAXIMUM DVVELLING UNIT_S The number of dwelling units to be built pursuant to this PUD will not exceed 1,000 units. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part for other than the following: A. Principal Uses: 1. General permitted uses as defined in Section 2.16 2. Single family detached dwellings 3. Single family attached dwellings 4. Single family zero lot line dwellings 5. Multiple family dwellings 6. Group housing and cluster housing 7. Churches and other places of worship when located adjacent to and accessed directly from the proposed public road subject to the provisions of LDC Division 3.3 Site Development Plans and subject to the multi-family development standards set forth in Table 1. 8. Child care centers. B. Accessory Uses: 1. Accessory uses and structures customary in single and multiple family residential projects, including recreational buildings, equipment, and associated facilities. 2. At the option of the Collier County Supervisor of Elections, any community recreation building within the project may be utilized as a polling place during general or special elections. 3. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the 'R' Residential MAY 1 3 20O3 15 B. Site development standards for single family uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, shall be in accordance with the LDC in effect at the time of SDP approval or preliminary subdivision plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be established dudng SDP approval as set forth in Article 3, Division 3.3. of the LDC in accordance with those standards of the zoning distdct which is most similar to the distdct in which proposed use is located. 3.5 GROUP HOUSING AND CLUSTER HOUSING: Upon approval of a SDP, the Planning Services Director may permit group housing and cluster housing projects with a common architectural theme to vary from the conventionally required minimum lot area, minimum lot width and minimum yard requirement standards. Prior to approval of a group housing or a cluster housing site development plan, the Planning Services Director shall insure that the project is appropriate for and compatible with the surrounding area, and that the intent of the PUD standards are complied with. MAY 13 2O03 16 TABLE I DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS SINGLE FAMILY PATIO & ZERO TWO FAMILY SINGLE FAMILY MULTI FAMILY DETACHED LOT LINE DUPLEX & AFl'ACHED AND DWELLINGS DUPLEX TOWNHOUSE Minimum Lot Area 7,500 SF 5,000 SF 3,500 SF '4 3,000 SF NA Minimum Lot W~lh *5 75 50 35 30 NA Front Yard Setback(Principal 20 15'3 15*3 15'3 20 and Accessory) Front Yard for Side Entry 10 10 10 10 10 Garage Rear Yard Setback*7(Pdncipal) 10 5*8 10 10 .5 BH Rear Yard 5 5 5 5 10 Setback* 1 (Accessory) Side Yard Setback 7.5 0*6 0 or 7.5 0 or .5 BH .5 BH Maximum Height *2 35 35 35 35 50 Floor Area Minimum (SF) 1500 SF 1250 SF 1250 SF 1200 SF 1000 SF Distance Between Principal 15 10 0 or 15 .5 SBH .5 SBH Structures BH: Building Height S--~H: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area. shall define the development standards to be applied by the Customer Services Department during an application for a building permit. For all patio or zero lot line units, a conceptual exhibit showing typical building configurations shall be submitted to the Customer Services Department with the application for the first building permit. The conceptual exhibit may be modified as needed. All distances are in feet unless otherwise noted. Flag lot shall have no minimum lot width but will meet lot area requirements Project walls shall be allowed within 1 foot of the right-of-way line. With approval from the developer, front yards shall be measured as follows: A If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. B. If the parcel is served by a pdvate road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). '1 -Setback from lake for all accessory uses may be 0 feet providing architectural bank treatment such as a bulkhead or retaining wall is incorporated into design and subject to written approval from the developer. ~ ............ , ,2~t,~-,~ ............. or ................. ,- .................. '2 -Building height shall be '~' .... ,*;~, d!stc~c~ measured per the LDC. from ths first ~' ~'~ ~' ~";"~ ~^ ~' .... *~^" *~ *~' .... P .... + ~-'~"~'~ ceih ~!~';2t!c~ of th~ struoture *3 - Units with side entry garage may have a 10 foot front yard setback. Units with front entry garage must have a minimum 15 foot front yard setback. '4 -Each half of a duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. '5- Minimum lot width may be reduced by 20% for cul-de-sac lots provided minimum lot area requirement is still maintained. *6 -Zero foot (0') minimum side setback on either or both sides as long as a minimum 10 foot separation between principal structures is maintained. Patios. pools and screen enclosures may encroach into the 10 foot principal structure separation and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. VVhere this option is used ~. conceptual exhibit showing typical building configurations for patio or zero lot line units shall be submitted to the Customer Services Department with the application for the first building permit. This conceptual exhibit will be used to determine the 10 foot spacing requirement between principal and accessory structures. The conceptual exhibit may be modified as needed. *7 With written approval from the developer, the setback from the twenty foot (20') lake maintenance easement for principal structures may be zero feet (0') with a minimum twenty feet (20') from the waters edge. *8 Setback from lakes may be 0 feet providing architectural bank treatment, such as bulkhead or retaining wall, is incorporated into design and subject to written approval from the developer. I A~a~OA NAY ! 3 2003 0351~-001-004- P~UD- 22919 17 SECTION IV COMMERCIAL DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Twelve Lakes PUD designated on the Master Plan as "C." 4.2 MAXIMUM SQUARE FOOTAGE A maximum of 112,500 square feet gross of floor area for commercial and/or office uses may be constructed on land designated on the Master Plan as "C". 4.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered, or used, or land used in whole or part, for other than- the following: A. Principal Uses: 1. A neighborhood shopping center, which may include a supermarket as its major tenant. The shopping center may also include a drugstore and smaller retail shops which offer a variety of consumer goods, financial institutions; offices, clinics, personal service establishments, laundry and dry cleaning, and post office. 2. Professional and/or medical office complex. 3. All permitted and accessory uses of the Residential District. B. Accessory Uses: 1. Customary accessory uses and structures. 4.4 DEVELOPMENT STANDARDS FOR COMMERCIAL USES A. Perimeter Setbacks 1.That portion of the site which abuts a street right-of-way or commercially zoned land: 35 feet to the nearest principal structure 2. That portion of the site which abuts residentially zoned lands: 50 feet to the nearest principal structure. B. Maximum Height: 35 feet measured from FEMA. or 18" above the crown of the nearest ri.qht-of-way, ~bo';~ th~ fin!sh~d gr~d~ cf th~ !ct. C. Required Landscape Buffer Area: As required by the Colli,;r County LDC in effect at the time of SDP application. Landscape buffers shall be permitted within the perimeter setback. D. Merchandise Storage and Display: There shall be no outside storage or display of merchandise. E. Development Plan Approval: Pdor to development of all or any portion of the commercial site, site development plan approval shall be obtained, and MAY 1 3 2O03 18 drives which connect the commercial area to external streets shall be approved by the County Transportation Services Department. One access drive shall connect to the Twelve Lakes PUD entrance drive. An additional access drive connecting to Davis Boulevard may be approved, but may be limited in nature (i.e. right turn in, right turn out) for traffic safety reasons. 4.5 DEVELOPMENT STANDARDS FOR RESIDENTIAL USES Development standards as set forth in Section III, Residential District of this PUD shall apply to residential uses within the Commercial District. IqAY 1 3 2OO3 19 SECTION V PRESERVATION AREA DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Twelve Lakes PUD designated on the Master Plan, as "P" Preservation Area. 5.2 GENERAL DESCRIPTION Areas designated as Preservation Area on the Master Plan are designed to accommodate conservation interpretive/educational trails and limited water management uses and functions. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks and nature trails (elevated and at grade), and gazebos. 2. Water management structures. 3. Temporary construction access road. vegetation restoration shall follow the use of the construction access road. 4. Utility or roadway crossings. 5. Wildlife signs per Section 2.19 of this PUD document. B. Any other use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC. 5.4 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or platted tract, whichever is applicable, is required for preservation lands included in the Preservation Area. The developer, its successors or assigns, or the Twelve Lakes CDD shall be responsible for the control and maintenance of lands within the Preservation Area. MAY 1 3 2003 20 SECTION VI GENERAL DEVELOPMENT COMMITMENTS · 6.1 PURPOSE The purpose of this Section is to set forth the general development commitments of the developer within the Twelve Lakes PUD. 6.2 GENERAL A. All facilities shall be constructed in accordance with final site development plans, final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this Document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the LDC relating to the same shall apply to this project, except as otherwise set forth herein. B. In addition, the Master Plan and the regulations of the PUD Document as adopted along with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. 6.3 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the LDC. 6.4 ENVIRONMENTAL A. This PUD shall be consistent with the Environmental Sections of the GMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. B. This PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (FWS) and the Florida Fish and Wildlife Conservation Commission (FWCC) regarding potential impacts to protected species on site. A Habitat Management Plan for those protect species shall be submitted to Planning Services Staff for review and approval prior to final site plan/construction plan approval. C. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statues. Buffers shall be provided in accordance with Sec 3.2.8.4.7.3 of the LDC. Conservation easements shall be dedicated on the plat to the project's homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. D. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averagin£ (25) feet from the landward edge of the wetlands. Where natural buffers ar_e'- ,-,,~,~, ,.,~u^ _..n~. ~ ~['w~ possible, structural buffers shall be provided in accordance with the Stat, of IAY 1 3 2003 4/10/2003- 103024 Ve¢ 03~* PCas~ 21 Environmental Resources Permit Rules and be subject to review and approval by Planning Services Staff. E. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Planning Services Staff for review and approval pdor to final plat/construction plan approval. ^ schedule for exotic removal within all preservation areas shall be submitted with the above-mentioned plan. F. Environmental permitting shall be in accordance with the State of Flodda Environmental Resource Permit Rules and be subject to review and approval by Planning Services Staff. G. A gopher tortoise relocation/management plan shall be submitted for review and approval at the time of final construction plan submittal. The conditions of such approval shall be added to the construction plans. Off-site relocation may be required if the applicant cannot provide adequate habitat for on-site relocation. 6.5 TRANSPORTATION I A. All traffic control devices used must be in accordance with the standards adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316, Uniform Traffic Control Law. B. All traffic speed limit postings must be in accordance with the Speed Zoning Manual as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316, Uniform Traffic Control Law. C. Arterial level street lighting must be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy. D. External and internal improvements determined by Collier County Transportation Staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. All such improvements will be in place prior to the issuance of the first Certificate of Occupancy. E. Road impact fees will be paid in accordance with Collier County Ordinance 2001-13, as amended, .... "-"~ ,-,;"..,,, ~-~'w~ ,..",'--;'~ ........... '-* *~'=..,v +;""~' ~_,,~,,,~,'"~; ..... g ,.v,,,,,.~;* .... ~,~ ,w_~; ..... '~, unless otherwise approved by the Collier County Board of Commissioners. F. Any and all points of ingress and/or egress as shown on any and all plan submittal(s) are conceptual in nature and subject to change as determined by Collier County Transportation Staff. The County reserves the right to modify or close any ingress and/or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public. This includes but is not limited to safety concerns, operational circulation issues, roadway capacity problems. G. Any and all median opening locations must be in accordance with the Collier County Access Management Policy, as amended, and the LDC, as amanda :-----~t~l~~;-;-li-- access and control will remain under the County's authority. The County r;serV~',~i'r-7-----"~ right to modify or close any median opening(s) determined to have an ad~ MAY 1 3 2003 22 on the health, safety and welfare of the public. This includes but is not limited to safety concerns, operational circulation issues, roadway capacity problems. H. Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence, or lack of, a future median opening be the basis for any future cause of action for damages against the County by the developer(s), its successor(s) in title, or assignee(s). I. The development will be designed to promote the safe travel of all users including pedestrians and bicyclists. Pedestrian and bicycle travel ways will be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County Transportation Staff. J. The developer(s) will be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), when determined warranted and approved by Collier County. VVhen warranted, upon the completion of the installation, inspection, burn-in period, and final approval/acceptance of any and all traffic signal(s), said traffic signal(s) will be turned over (for ownership) to Collier County, and will then be operated and maintained by the Collier County Transportation Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developer(s)/property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage/impact. K. The developer(s) must provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent Certificate of Occupancy. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way, will be provided in conjunction with said improvement(s), as determined by Collier County Transportation Staff. L. All work within the Collier County right-of-way will meet the requirements of Collier County Ordinance No. 93-64. M. All internal access(es), drive aisles, sidewalk(s) not located within the County right- of-way will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). N. Joint/shared access(es) may be required by Collier County Transportation Staff as a condition of site development plan approval. O. Frontage, midpoint and/or backside interconnection(s) may be required by Collier County Transportation Staff as a condition of site development plan approval. ?. Prior to development of any and all portion(s) of the development(s), SDP approval must be obtained/received from the Collier County Transportation Services Division. MAY 1 3 2003 23 The main north-south 2-lane collector road through the proiect shall be designed and constructed to County standards and shall be dedicated to the public. Other local intersecting streets that provide access into proiect neighborhoods may be public or private roadways. Private local roads may have .qate/,qatehouse controlled inqress and egress. 6.6 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the Developer. Potable water and sanitary sewer facilities constructed within the platted rights-of-way or within dedicated county utility easements, shall be conveyed to Collier County, pursuant to Collier County Ordinance 97-17, as amended. B. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County. D. The project's water distribution system will be connected to the County's existing 12- inch water main located on the south side of Radio Road and extended throughout the project, and connected to the County's existing 16-inch water main located on the south side of the Davis Boulevard right-of-way. E. The project's sewage transmission system shall be connected to the County's existing 14-inch sanitary force main located on the north side of the Davis Boulevard right-of-way. 6.7 WATER MANAGEMENT A. The site drainage and grading information shall be submitted to the County in accordance with the requirements of Division 3.2 and Division 3.3 of the LDC. B. An excavation permit will be required for the construction of the proposed lakes in accordance with Division 3.5 of the LDC, except as otherwise provided herein. C. In accordance with SFWMD Rules, this project shall be designed for a storm event of a 3-day duration and a 25-year return frequency. D. At the time of construction plans review, the developer shall verify that the peak storm stages at the site do not cause adverse off-site impacts to neighboring developments. E. The Lely Area Stormwater Improvement Program identifies the ultimate outlet for the Twelve Lakes development as being at the southwestern corner of the property. The construction plans shall identify any necessary provisions required to direct flow from Basin OFF1 toward the ultimate outlet at the southwestern property corner. F. All existing or proposed easements for Collier County stormwater infrastructure shall be maintained free of landscaping or other obstacles which would impe~ ~~ /----~,~ ,.~ maintenance crews and equipment from gaining adequate access to the stor MAY 13 24 infrastructure. G. Stormwater runoff from the developed portions of the site will be discharged to the preserved areas of the site. The runoff will then travel across the existing ground surface of the preserve areas (generally in a southwesterly direction) to the existing Davis Boulevard Right-of-Way. Upon reaching the Davis Boulevard Right-of-Way the flows will be conveyed in a westerly direction to the southwestern corner of the property where it will enter the stormwater facility improvements identified in the Lely Area Stormwater Improvement Program. The flows will ultimately be conveyed to the County maintained canal along the northern side of Davis Boulevard. MAY 13 2003 EXECUTIVE SUMMARY CU-02-AR-3486, VINCENT CAUTERO OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING COLLIER COUNTY GOVERNMENT REQUESTING CONDITIONAL USE "26" IN THE "A" AGRICULTUILA-L ZONING DISTRICT PER SECTION 2.2.2.3.26 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ALLOWING FOR A GOVERNMENT OFFICE BUILDING FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF ORANGE BLOSSOM DRIVE AND AIRPORT-PULLING ROAD (C.R. 31) IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of Zoning Appeals consider an application for conditional use "26" in the "A" Rural Agricultural Zoning District in order to permit a governmental office building as an essential service. CONSIDERATIONS: The petitioner seeks conditional use approval to allow for the construction of an 11.630 square-foot Collier County Government office building. Skip Camp, Facilities Management Director, indicates that the facility is to be used as general office space for the various Count3' agencies such as Elections Office and Parks and Recreation. The subject 9-acre site currently contains an existing 37,105-square- foot public library facility that is situated on approximately 6.75 acres of this parcel while the proposed government office building is to be located on approximately 2.25 acres. The library is an essential service that is permitted by right in the Agricultural Zoning District while safety service and governmental office facilities are permitted as a conditional use. As noted on the conceptual site plan the subject site has existing ingress/egress points from Orange Blossom Drive that also serve the Collier County Library. In addition, the conceptual site plan indicates that the required off-street parking will be provided for both the library and the proposed office building. The Traffic Impact Statement (TIS) indicates that the proposed 11,630 square foot Governmental Office Building will generate 802 ADT with 68 AM Peak Hour trips and 128 PM Peak Hour trips. Based on this information, the site-generated trips will not significantly impact Airport-Pulling Road or any other County road. This petition is therefore consistent with Policy 5.1 and 5.2 of the Transportation Element. FISCAL IMPACT: This petition is for a governmental building, and as such, it is exempt from any impact fee payment. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Sub-district), as identified on the Future Land Uses Map of the Growth Management Plan (GMP). ~elevant to this petition, this Sub-district permits non-residential uses, including essential set ~,,,,s governmental office buildings as defined in the Land Section Development Cod(:. ~ ! MAY Based upon the above analysis, staff concludes the proposed govemmental office use for the subject site can be deemed consistent with the Future Land Use Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no Historic and Archaeological Survey & Assessment or a waiver is required. ENVIRONMENTAL ISSUES: Because the subject 9-acre site is less than 10 acres in size and doesn't contain any wetland areas, no Environmental Impact Statement (EIS) was required to be submitted with this petition. In addition, the Environmental Review staff determined that this petition is consistent with the applicable environmental requirements of the Land Development Code. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Planning Services Department Environmental and Engineering staffs have reviewed the petitioner's application and have recommended approval. As noted above, the proposed governmental office facility will not impact any environmentally sensitive lands. As a result, this petition was not required to go before the Environmental Advisory Council (EAC). PLANNING COMMISSION RECOMMENDATION: The Planning Commission heard this petition on April 3, 2003. They unanimously recommend by a 7 to 0 vote to forward this petition to the Board of Zoning Appeals with a recommendation of approval subject to staff stipulations contained in the resolution. The CCPC determined that the proposed library expansion is compatible with the surrounding area. Staff has not received any correspondence for or against this petition. Therefore, this petition has been placed on the Summary Agenda. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis and planning review, staff had recommended that the Collier County Planning Commission forward Petition CU-02-AR-3486 to the Board of Zoning Appeals with a recommendation of approval. t AY 1 3 2OO3 PREPARED BY: I~LoWS, CHIEF PLANNER DATE CURRENT PLANNING SECTION REVIEWED BY: sUsAN MURRAY, AICP, MANAGE~/ DATE CURRENT PLANNING SEC,TION MARGA~ WUERSTLE, AICP, DI~CTOR DATE PLA~ SERVICES DEPARTMENT APPROVED BY: l,~- ~-.~ ..-,~.--l-~,,-~-<:>~ ~"~/" ''~ ~: JOSEPH K. sCHMiTT ADM~IST~TOR DATE ,C~MM~ITY DEV. AND ENVIRONMENTAL SVCS. EX SUMMARY/CU-02-AR-3486/RVB/rb 2003 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: MARCH 10, 2003 RE: PETITION NO: CU-02-AR-3486, GOVERNMENT OFFICE BUILDING OWNER/AGENT: Agent: Vincent Cautero Owner: c/o Skip Camp Coastal Engineering Consultants, Inc. Collier County Government 3106 S. Horseshoe Drive 3301 Tamiami Trail East Naples, Florida 334104 Naples, Florida 34112 REQUESTED ACTION: To obtain a conditional use "26" in the "A" Agricultural zoning district per Section 2.2.2.3.26 of the Collier County Land Development Code allowing for a government office building. GEOGRAPHIC LOCATION: The site is located on the northwest comer of Orange Blossom Drive and Airport-Pulling Road (C.R. 31) in Section 2, Township 49 South, Range 25 East. (See illustration on the following page) PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks conditional use approval to allow for the construction of an 11,630-square-foot Collier County Government office building. Skip Camp, Facilities Management Director, indicates that the facility is to be used as general office space for the various County agencies such as Elections Office and Parks and Recreation. The subject 9-acre site currently contains an existing 37,105-square- foot public library facility that is situated on approximately 6.75 acres of this parcel v, ~ile the proposed govemment office building is to be located on approximately 2.25 acres. The library is an essential service that is permitted by right in the Agricultural Zoning District while safety service and governmental office facilities are permitted as a conditional use. As noted on the conceptual site plan (Exhibit "A"). the subject site has existing ingress/egress points from Orange Blossom Drive that also serve the Collier County Library. In addition, the conceptual site plan indicates that the required off- street parking will be provided for both the library and the proposed office building. 1 i SURROUNDING LAND USE AND ZONING: Existing Conditions: As illustrated on the aerial below~, the site is currently developed with a Public Library. The Zoning Map indicates that the subject site is zoned A~iculrural. Surrounding: North -Developed residential lands that are zoned Emerald Lakes PUD and Buckley's Nursery that is zoned Agricultural. East - Collier County North Regional Library that is zoned Agricultural and Airport-Pulling Road. South -Naples Italian American Club that is zoned Agricultural with a conditional use. West - Single-Family residential that is zoned Emerald Lakes PUD. GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan (GMP). In addition, the Land Development Code (LDC) establishes a procedure that may result in approving a development order for the proposed facility in the Agricultural zoning district. Consistency relationships with applicable GMP are as follows: Future Land Use Element: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Sub-district), as identified on the Future Land Uses Map of the Growth Management Plan (GMP). Relevant to this petition, this Sub-district permits non-residential uses, including essential services such as governmental office buildings as defined in the Land Section Development Code. Based upon the above analysis, staff concludes the proposed governmental office use for the subject site can be deemed consistent with the Future Land Use Element. Traffic Circulation Element: The Traffic Impact Statement (TIS) indicates that the proposed 11,630 square foot Governmental Office Building will generate 802 ADT with 68 AM Peak Hour trips and 128 PM Peak Hour trips. Based on this information, the site-generated trips will not significantly impact Airport-Pulling Road or any other County road. This petition is therefore consistent with Policy 5.1 and 5.2 of the Transportation Element. Other Applicable Elements: Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permit-ted by thc approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of thc Collier County Land Development Code, Adequate Public Facilities, at the earliest or thc next to occur of either final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this petition is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this petition. Appropriate mitigation measures and stipulations will assure that thc County's interests are maintained. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the site is located outside an area of historical/archaeological probability as referenced on the official Collier County Probability Map. As a result, no Survey and Assessment is required. In addition, if, during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff responsible has reviewed the subject petition for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division staff. Since this site does not contain wetland areas and is less than 10 acres in size, no Environmental Impact Statement (EIS) is required. As a result, this petition was not required to be reviewed by the Environmental Advisory Council (EAC). ~ 3 MAY 1 3 2g1~3 ~..~, In addition, the Environmental Review staff determined that this petition is consistent with the applicable environmental requirements of the I~d Development Code. The Transportation Department has recommended approval since the additional site generated trips will not require changes to the existing access points. CRITERIA EVALUATION: The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition based on the criteria contained in Section 2.7.4 of the Collier County Land Development Code (LDC). This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4 of the Land Development Code thus requiring staff evaluation and comment. The below referenced criteria shall be used as the basis for the recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential or considerations identified during the staff review is listed under each of the criteria, and is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. a. Consistency with this code and Growth Management Plan. As noted above in the Future Land Use Element review, the requested governmental facility is deemed to be consistent with the applicable elements of the Growth Management Plan (GMP) and the applicable provisions of the LDC. The proposed office building is listed as an essential service in the Future Land Use Element of the GMP. Furthermore, a library is permitted as a Conditional Use in the Agricultural District pursuant to Section 2.2.2.3.26 of the Land Development Code (LDC). b. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The existing library site is located at the northwest comer of C.R.31 and Orange Blossom Drive. The primary access point will continue to be from the existing access connection to Orange Blossom Drive as indicated on the conceptual site plan. Internally, the site provides the necessary area for vehicular traffic flow and is designed to allow for emergency vehicles to get to the governmental facilities. Due to the low traffic volume associated with the office use, the proposed project will have minimal impacts to Orange Blossom Drive. As a result, no access improvements are required. 4 c. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic, and odor effects; An office is typically a use that does not generate significant amounts of glare or produce any odor and noise. In addition, this petition is for 11,630-square-feet of floor area that will not significantly increase the vehicular traffic ingressing or egressing the subject site. The project's water and wastewater will be conveyed via public sanitary system, operated by Collier County. Lastly, a government office and similar facilities do not typically have an adverse economic impact on the surrounding residential neighborhoods. d. Compatibility with adjacent properties and other property in the district. Due to the small size of the site and its location adjacent to a nursery to the northeast and the Italian American Club to the south, the proposed governmental office building will not adversely impact the adjacent properties. Furthermore, the landscape buffers along the perimeter of the site (See Exhibit "B") will improve compatibility. The proposed office facility will also include improvements to the pedestrian access ways and sidewalks from the adjacent properties. Lastly, the architectural design of the building (Exhibit "C") provides features that are similar to the existing library in size and scale. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CU-02oAR- 3486 to the Board of Zoning Appeals (BZA) with a recommendation of approval. MAY I 3 200'3 RAY ~L~Ows' CHmF PLA~e~R DATE CURRENT PLANNING SECTION REVIEWED BY: / SUSAN ~Y, ~P, ~AdER DATE C~NT PLUG SECTION M~G~T ~RSTLE, ~CP, D~CTOR DATE PLUG SERVICES DEP~TMEN~ /JOSEPH K. S91~vIITT ADMINISTRATOR /O~TY DEV. AND ENVIRONMENTAL SVCS. Staff Report for April 3, 2003 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: CU-02-AR-3486/STAFF REPORT/RVB/rb MAY 6 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Petition No.' Date Petition Received:. CU-2002-AR-3486 PROJECT #2002020024 Commission District: Planner Assigned: ~ DATE: 12/18/02 RAY BELLOWS ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) Collier County Board of County Commissioners, c/o Facilities Management Dept. Applicant's Mailing Address 3301 E. Tamiami Trail, Building W City Naples State FL Zip 34112 Applicant's Telephone # 239.774.8380 Fax # 239.793.3795 Applicant's E-Mail Address: jackcrognale(~colliergov.net * Name of Agent Vincent A. Cautero, AICP Firm Coastal Engineering Consultants, Inc. - Name of Agent David Bamesberger Firm Barany Schmitt Summers Weaver & Partners, Inc __ Agent's Mailing Address * 3106 S. Horseshoe Drive /-5185 Castello Drive Suite 4 City */-Naples State */-F__~_L Zip *34104/-34103 Agent's Telephone # '239.643.2324/-239.643.3103 Fax # '239.643.1143/-239.643.7435 Agent's E-Mail Address: * vcautero~cecifl.com / - nap~bsswarchitects.com COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (239) 403-2400/FAX (239) 643-6968 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/24102 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City State ~ Zip.__ Name of Master Association: N/A Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City State __ Zip 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Collier Count,/Government 100 A'I' 13 200 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/24/02 L b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office Percentage of Stock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. ~ Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: MAY APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/24/02 f. If any contingency clause or contract tcmis involve additional parties, list all individuals or officers, if a corporation, parmership, or trust. Name and Address N/A g. Date subject property acquired ( ) leased ( ): N/A Term of lease yr./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 02 Township: 49 Range: 25 Lot: Block: Subdivision: 100 Plat Book 965 Page #: 849 Property I.D.#: 492505 012.0004A02 Metes & Bounds Description: From the Southeast corner of the North 1/2 of the North 1/2 of the SE 1/4 of Section 2, Township 49 South, Range 25 East, run North 60 feet for the Point of Beginning; thence West 1,320 feet, then North 330 feet, thence East 1,320 feet, thence South 330 feet to the Point of Beginning, less the East 100 feet thereof conveyed to the State of Florida for road purposes, COLLIER COUNTY, FLORIDA. 4. Size of property: 230 fi. X 305.88 ft. = Total Sq. Ft. Acres Approximately 1.62 for impacted area. Total site described above is approximately 9 Acres. 5. Address/general location of subject property: 2387 Orange Blossom Drive, Orange Blossom Drive and Airport-Pulling Road (CR-31) REVISED 1 3 Pl'] _ APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/24/02 Adjacent zoning and land use: :, Zoning Land use N Agricultural Buckley's Nursery S Institutional Naples Italian American Club E Agricultural Collier County North Regional Library W Single-Family Residential Emerald Lakes Subdivision Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: 02 Township: 49 Range: 25 Lot: Block: Subdivision: Plat Book 965 Page #: 849__ Property I.D.#: 00236800003 Metes & Bounds Description: 2 49 25 FR SE CNR N 1/2 OF N 1/2 OF SE 1/4, N 60' TO POB, W 1320 FT, N 330 FT, E 1320 FT, S 330 FT TO POB, LESS S 24 FTR/W & LESS Type of Conditional Use: This application is requesting conditional use # 26 of the A___ district for (r,n,~. OF USE) Governmental Office Building approximately 14,700 Present Use of the Property: Open Space 8. Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed res[ ~nse to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is the applicable section or portions of the future land use element): Governmental facilities are allowable as an essential service under the 2O03 criteria in the Rural Agriculture (A) zoning district. The proposed structure APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/24/02 I~· ~--L.~'~ with surrounding uses: a library is located immediately adjacent to the east and the Naples Italian American Club is located directly across the street, on the south side of Orange Blossom Drive. The property is located in the Urban Mixed Use District in which a mix of residential and non-residential land uses are permitted. Specifically, Policy 5.5 of the Future Land Use Element encourages the use of existing zoned land for urban intensity uses before permitting development of other areas. This occurs by planning for the expansion of County owned and operated public facilities and services to existing zoned land before servicing other areas. Construction of this facility will provide residents in the North Naples area with a facility to provide essential services while not having to rezone the property. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Ingress and egress will be provided via Orange Blossom Drive. Visitors will be able to mm left or right into the facility on Orange Blossom Drive. For efficient and safe traffic flow and control, visitors will only be able to exit west bound (or right turn only) on Orange Blossom Drive. For efficient and safe traffic flow and control, visitors will only be able to exit west bound (or right mm only) on Orange Blossom Drive. This is being proposed in order to protect motorists and pedestrians. In the event of a fire or catastrophe, visitors can exit eastbound on Orange Blossom Drive via the main entrance for the library. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: It is anticipated that noise will be minimized in order to avoid impacts to surrounding property owners. The proposed use is low intensity office which will be open during business hours Monday - Friday. While it may be possible that the facility is open during evening and weekend hours, no impact beyond automobile emissions is anticipated. Thus, negative odor impacts should be minimized. Lights on the building and in the parking lot will be shielded in accordance with County regulations to minimize impact from glare. The economic impact upon neighboring properties is not known however it is not anticipated that this use will have a negative impact upon property valuation in the immediate area. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The proposed use is compatible with adjacent properties and other in the immediate area. A mix of land uses is consistent with the Urban Mixed criteria. Other non-residential land uses are present in the immediate are governmental uses, institutional, nurseries, house of worship, and an adult liv: 3 2003 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/'24/02 e. Please provide any additional information which you may feel is relevant to this request. This project will provide a valmable service for the residents in the North Naples area. Collier County Government is committed to providing efficient services in as many strategic areas as possible. This location will help the County meet this goal. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; b. Sixteen (16) copies ora 24" x 36" conceptual site plan [and one reduced 8V2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, ·location of all signs and lighting including a narrative statement as to character, and dimensions (such as height, area, etc.); APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/24/02 · c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. e. Statement of utility provisions (with all required attachments and sketches); 15. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; g. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre-application meeting); h. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. MA'( 1 3 2003 APPLICATION FOR PUBLIC ItEARING FOR CONDITIONAL USE - 6/24/02 I~ ~ STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST ~/ :t. NAME OF APPLICANT: Collier County Board of County Commissioners cio Facilities Managemen_t 2. MAILING ADDRESS: 3301 E. Tamiami Trail, Building W CITY Naples ZIP 34112 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 2387 Orange Blossom Drive, Naples, Florida 34109 4. LEGAL DESCRIPTION: Section: 02 Township: 49 Range: 25 Lot: Block: Subdivision: 100 Plat Book 965~ Page #: 849 Property I.D.#: 492502 012.0004A02 Metes & Bounds Description: 2 49 25 FR SE CNRN 1/2 OF N 1/2 OF SE 1/4, N 60' TO POB, W 1320 FT, N 330 FT, E 1320 FT, S 330 FT TO POB, LESS S 24 FT R/W & LESS ~ 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM [] c. FRANCHISED UTILITY SYSTEM [-] PROVIDE NAME d. PACKAGE TREATMENT PLANT [~] (GPD capacity) e. SEPTIC SYSTEM [] 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM []5(] b. CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. pRIVATE SYSTEM (WELL) APP'L~CAT~O~ FOg PVBLm aEARmC FOg CONmT~O~AL USE - ~a4~02 ~.~..O · 7. TOTAL POPULATION TO BE SERVED: 117 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 2 210 GPD AVERAGE DAILY 1,473 GPD B. SEWER-PEAK 3,8?-9 GPD AVERAGE DAILY 2,945 GPD 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 1-1-2004 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within thc services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/24/02 ~.~__ · TRAFFIC IMPACT STATEMENT {TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard ~ to TIS submittals: MINOR TIS: Generally required for conditional use (and rezone) requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other conditional use (and rezone) requests. A minor TIS shall include the following: 1. Trip Generation: Annual Average Daily Traffic (at buildout) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (R_DI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) W 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element (TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1, 5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic MAY ] 3 2003 .... APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/24/02 · 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional usc or rezone petition: 1. Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by by the petitioner or the County justifies the use of alternative rates. 2. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5. Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199, 999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft. 5 Miles 400,000 & up 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. · MAY 1 3 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/24/02 · 6 Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the stun of the peak-hour critical lane volume is projected to exceed 1,200 -- Vehicles Per Hour (VPH). ~: 7. Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of hose projects and their respective characteristics. 8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Project Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TlS FORM RVB/P.-IM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/24/02 · CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # oF NOT COPIES REQUIRED REQUIRED 1. Completed Application 16' v~ 2. Copy of Deed(s) and list identifying Owner(s) and ali 2* Partners if a Corporation v/ 3. Completed Owner/Agent Affidavits, Notarized 2* v~ 4. Pre-application notes/minutes 16' v~ 5. Conceptual Site Plans (including (1) 8-1/2 X 11 copy) 16' v/ 6. Environmental Impact Statement - (ELS) 4 v~ 7. Aerial Photograph - (with habitat areas identified) 5* v~ 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) ¢~ 9. Traffic Impact Statement - (TIS) 4 ~/~ 10. Historical & Archaeological Survey or Waiver 4 Application v/ 11. Copies of State and/or Federal Permits 4 v/ 12. Architectural Rendering of Proposed Structure(s) 4 v/ 13. Application Fee, Data Conversion Fee, Check shall be _ made payable to Collier County Board of Commissioners ~/ 14. PUBLIC PARTICIPATION MEETING: APPLICATION SUBMITTAL: Copy of Affidavit attesting that all property owners, civic associations & property owner associations were notified, v/ Copy of audio/video recording of public meeting v~ Written account of meeting. ~/ 15. Other Requirements - * Documents reqmrecl Ibr Long-Range Planning Review As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is if~cluded in this submittal package. I understand that failure to include all necessary subm~/irfformation may result~i ~/~e dela~y of processing of this petition. ' Applicant/Agent Signature Date * Waiver request attached ~d~,¥ ] 3 2003 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/24/02 I~. ~ CU-2002-AR-3486 PROJECT #2002020024 DATE: 12/18/02 RAY BELLOWS AFFIDA giT We~ Skip Camp being first duly sworn, depose and say that ~Y[ am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this .form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner ~/I further authorize Coastal Engineering Consultants, Inc /Barany Schmitt Summers Weaver & Partners, Inc. to act as our/my representative in any matters regarding this Petition. aSt'g~[u~f-Pt:ope'rty Owner Signature of Property Owner Skip Camp Typed or Printed Name of Owner Typed or Printed Name of Owner The fore oing instrument was acknowledged before me this ~5 O¢.~day of ,: ,; ~. -~ ,'-:.,. C , 20 t2~. ~e~.~r who is personally known to me or has produced ~.d: o*__~ as identification. by State of Florida (Signature of Notary Public - State of County of Collier Florida) (j~,int, Type, or Stamp Commissioned Name of Notary Public) APPLICA~ON FOR P~LlC H~G FOR CO~IONAL USE- ~2 [ ~ ~~t~ l.~ase #728 FIRST AMENDMENT TO LEASE AGREEMENT THIS, FIRST AMENDMENT TO LEASE AGREEMENT e. ntered into this 2~.9~,day of ~ . 2002 at Naples, Collier County, Florida, by and b~tween the. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR" and SPRINT-FLORIDA, INCORPORATED, a Florida Corporation, whose mailing address is 6391 Spnnt Parkway, Overland Park, Kansas 66251-2040, hereinafter referred to as "LESSEE". WtTNESSETH WH]EREAS, the Board of County Commissioners of Collier County, Florida and Sprint-Florida, Incorporated have previously entered into a Lease Agreement dated September 12, 2000; WHEREAS, the LESSOR and LESSEE are desirous of amending the L~ase Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided within said L~ase Agreement dated September 12, 2000, and Ten Dollars ($10.00) and other valuable consideration, said L~ase Agreement is hereby amended as follows: 1. Article I of the Lease Agreement is hereby deleted in its entirety and the following provision is substituted in its place: LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR, the property situated near the intersection of Airporl Puling Road (S.R. 31) and Orange Blossom Drive, Collier County, Naples, Florida, described in Exhibit "A" which is attached hereto and made a part of this Lease, hereinafter referred to as the "Demised Premises," for the sole purpose of operating a telephone switching facility, comprised of an area of 100 feet by 115 feet and which shall commence on April 1, 2002. 2. The first paragraph of Article 3 of the Lease Agreement is hereby deleted in its entirety and the following provision is substituted in its place: LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of One Thousand Nine Hundred Nineteen Dollars ($1919.00) per annum. LESSEE shall also provide, along with said rental payment, the applicable Florida State sales tax on the rental amount. The annual rent, along with the applicable sal~s tax, shah be paid in full within ten (10) days from the commencement date of this Lease and each anniversary date during the Initial Lease Term of this Leas~. Following the first year of occupancy, for each year of the Lease, the LESSOR shall provide LESSEE with advance written notice of the revised rent calculated pursuant to this Article 3 for each ensuing year of the Leas~ term and for any renewals thereto. Said revised rent shall be due within thirty (30) days from the date of LESSOR'S notice. Any balance of prepaid rent made by l ~-qSEE to LESSOR shall be applied to the. :vised rent as stated above. 3. F-:cept ~ expreasly provided herein, the Leaae A ,~ement betw~n Collier County and Sprm~-Florida, Incorporated for the utilization of the Demised Premises described in said Lease Agreement dated September 12, 2000, remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. MAY 1 3 2003 el. IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed thia Firat Amendment to L~ase Agreement lhe day and year firat above written. AS TO THE LESSOR: ~ ·. L?~ BOARD OF COUNTY COMMISSIONERS, A'UFE~T:. "" '." COLLIER COUNTY, FLORIDA DWIGH'F ~. BROL'~K, Clerk /~ / ~ / BY: . ?~,~/.9,putyCI;rk'', '' JAME ltte',t # te AS TO THE LESSEE: SPRINT-FLORIDA, INCORPORATED ~.'c d,~ tl ef }~f. L3o,Ool. /~/ ~/O~ ~ tl't ' Pnnt Name and Title'Ne:~'~./o;t (Print Name) W!t~ess (Sign~tu~) (Pnnt Name) Approved as to form and legal sufficiency: Thomas C.Palmer,-Assistant County Attorney 1 3 2003 Exhibit "A" , Boundary Sketch: Section 2, Township 49 S, Range 25 E Collier County, Florida ~gal Description Thc West 100 feet of thc following described property: A portion of thc Southeast Quarter of Scction 2, Township 49 South, Range 25 Easl, Collier County, Florida, and being more particularly described as the following: : Commence at the ccntcrlinc intersection of Airport Road and Orange Blossom Drive, Collier County, Flodda, thence along thc ccntcrline of Orange Blossom Dnvc S 89° 49' 45" W a distance of 50.03 feet to thc Westerly right-of-way line of Airport Road, Ihencc N 2° 15' 03" W a distance of 30.02 fcct to thc Northwesterly right-of-way linc intersection of said Airport Road and Orange Blossom Drivc and thc Point of Beginning of the pa[cci of land hereinafter described; thence along thc Northerly night-of-way linc of Orange Blossom Drive S 89° 49' 45" W a distance of 1,220.40 feet, thence leaving said Northerly right-of-way linc N 2° 13' 45" W a distance of 329.85 [cch thence N 89 49' 32" E a distance of 1,220.27 feet to the Westerly right-of-way line of Airport Road, thence along the Westerly right-of-way linc of Airpor~ Rod S 2° 15' 03" E a distance of 329.97 feet to II)c Point of Beginning less thc North 214.85 feet thereof, containing .264 ac[cs, more or less. This is a skctch only. Not a survey. Not to scale. No.AG~,~A ~,,~ HAY 1 3 2003 ~ ~r728 ~F~ARI~ A~Rl~:rlvfLrlqT THIS LEASE AGREEMENT entered into this /,,l~:Z, day of .c~"~-"~,~ , 2000, between Sprint-Florida, Incorporated, whose mailing address ia 6100 S~t ~adcwa¥, Overland Park, Kanr, as 66251, hereinafter referred to aa ~LESSEE~, and Collier County, · political subdivision of the State of Floricl~ whose mailing ~ is 3301 East Tamiami Tra~ Naple~, Florida 34112, honsinaftm r~fc"n'~ to as "LESSOR". WITNESSETH In consideration of thc mu~tl covenants containexl herd~ and other valuable consideration, the parties agre~ as follows: ARTICLE L _Dcmis~ Pr~nises LESSOR hereby leases to LESSEE and LESSEE he,by leases from LESSOR the property situated near the intersection of Airport-P~,llin$ Road (S.R. 31) and Orange Blossom Drive, Collier County, Naple~, Florida, descn'bed in Exhibit "A" which is attached hereto and made a part of this Lea~ hereinafter called the "Demised Premises", for the sole purpose of operating a t~lephone switching facility. LESSEE shall have and hold thc Demised Premises for a term of five (5) years commencing on August l, 2000, and ending }u~y 31, 2005, hereinafter rc£errext to as thc "Initial Lca.se Term". LESSEE is granted thc option, provided it is not in default of any of the terms of this Lease, to renew same for Rye (5) additional terms o£ five (5) years, under thc same terms and conditions, except as to thc rental amount, as provided herein, by giving written notice of LESSEE'S intention to do so to LESSOR not less than sixty (60) days prior to thc expiration of the leasehold esta~ hereby c'reate~ Said notice shall be effective upon placement of thc notice in an o~cial dc-pository of the Unit~l States Post Office, Register~l or Certified Mail, Potage Upon execution of this Lease by LESSOR and LESSEE, thc License Agr~.'ment and Utility Eascment dated Augu~ 15, 1989, between United Telephone of Florida, now known as Sp~t-Florida, IncorporatecL, and Collier County shall cease and terminate on May 1, 2000. ARTICLE 3. LESSEE hereby covenants and ags~es to pay as r~t for thc Demis~ Premises thc sum of Three Thousand Two Hunch'~i Thirty-seven Dollars and Seven Cents ($3,237.07) per annum. LESSEE shall also provide, along with said rental payment, the applicable Florida State sales ta~ on thc rental amount. The annual rcn~ along with the applicable sales tax, shall be paid in full within ten (10) days from tho commencement date of this Lease and each nnniversary date during the Initial Lease Term o£ this Lease. Following the ~,st year of occupancy, for each year of the I.~ase, the LESSOR shall provide LESSEE with advance written notice of thc x~w'ised inc~t calcu.la~.ed pui~uanl to this Article 3 for each ensuing y~a~ of thc Lease term and for any ~-newals thereto. Said revised rent shall be duc within thirty (30) days Dom thc date of LESSOR'S notice. If the terms of this Lease commence or end on a day other than thc 6rat day of ~he mo~th, LESSEE ~ pay base rent equal to one thirti~ 0/30th) of thc monthly base rent multiplicxt by th~ number of z~ntal day~ of such fractional month LESSEE shall also be responsible for the payment of ,__~a_itional rent as pmvi&xl for in ARTICLE 4 of In thc event LESSEE elects to renew this ~ as provided for in ARTICLI 2, ARTICLE 3 shall be increased annually in the same proportion that the Consumer ,~rice Ixide-x for ~ruau y--~ Wage Earners mud Clerical Workers-United States City Averase, all Irons (1982-~ Thirty-seven Dolla:s aud Seven Cents ($3,237.07) nor shall any yearly increase be { _~ter than ten percent (10%) of the nmt paid during the previous Lease term. In the event that the Consume Price Index ceases to incorporat~ a s/~it%ant number of ~, ~ ~ a s~ ~ ~ ~ ~ ~ m~ of ~shln~ o~ ~~on ~ ~ ~ or ~h~ ~n or ~ ~on ~ ~ D~ ~i~. ~ be ~e ~m ~e ~ s~ ~s~ or s~c ~ howev~, o~y ~ ~e fo~o~g ~s have or ~ib~ for ~ ~ ~t or p~fion of po~ufion of wa~ays, ~s, s~s, b) W~= w~ch is u~ ~lely for ~e p~ose of ~g ~d~ or ~n~o~g ~pm~L etc., No soft or ~ shall be ~ov~ ~ ~e D~s~ ~ ~d no well of ~y ~ s~l be du~ ~~ or ~H~ on ~e D~s~ ~ ~out ~ ob~g ~t of ~SOR ~ ouflm~ ~ f~ ~ ~d 1~ laws. ~h~ ~ ~e bo~ of~e D~ ~. ~wve or ~y ~ ~g s~d ~u~ ~ c~g~, ~pmv~, E~om or ~o~. L~SOR s~l ordinance~ rules, rel~ulafio~, and requ/remants of the United States of America, S~te of Florida, County of Collier, and my and ~ll govemmant~l a~encies. LESSEE coven~ts and agrees no! to ~ occupy, suffer or permit s~id Dem/~ Premi~ or any pan th~eof to be used or occupied for any propose contr~y to l~w or the rules or r~ul~ons of any public LESSOR, it~ duly anthodzed a=~,m~ repr~ent~ives and employe~, dudl lmv¢ the right after reasonable notice tn LESSI/F., tn rater into and upon the Dem/~d Prem/~es or my p~,t thereof at all reasonable hours for the purpo~ of ~mi~in_~ the s~ne and m,~ng rep~.;r~ or providing services therein, and for the purposes of inspcctiun for compliance w/th the provisions of this Loa.~ Agree~enL ARTICL~ 7. A~si?~me~t ~nd Sul~lettinl/ LESSEE covenants and agrees not to assign ~ Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the writtm consent of LESSOR. Any such assi~ment or sublettin$, even with the consent of LESSOR, shall not relieve LESSEE from llabil/ty for payment of rent or other s~m, herein provided or from the obligation to keep and be bound by the term~ conditions and covel~.~ts of this Lease. The ac~'ptance of rent from any other peraoll ahall not be deemed to be a wa/ver of any of the provisions of this Lease or to be a consent to the assi~nent of this J_~ase or sublc'Cdng of the Demised Premises. LESSEE, in considc-ration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless LESSOI~, its agents and ~ployees from and against any and all liability (statutory or otherwise), d~rn~ges, claims, stats, demands, judgments, costs, inter~t and expenses (incb~d!,E~ but not limlted to, attorneys' fees and disbursements both a~ trial and appellate levels) arising, dL-ectly or ind/rectly, from any injury to, or death of, any peraon or persons or damage to property (in¢lud/ng loss of use thereof) related tn (A) LESSEE'S use of the Dem/sed Prem/ses, 03) any work or th/ng whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Prem/ses, (C) any condition of the Demised Premises due to or r~mltmg from any default by LESSEE in the performmce of LESSEE'S obligations under this Lease, or (D) any act, om/ssion or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities re~u~/ng therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S cxpe~e, by counsel reasonably ~factory to LESSOR. The LESSOR shall not be liable for any injury or damage tn persons or pr~ caused by the elements or by other persons in the Demised Pr~mises, or from the street or sub-surface or from any other place. The LF_~SOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurr/ng on the Demised Fie.~aii~es or any part thereof, md the LESSEE ~gree~ to hold the LESSOR harmless from any ¢l~im~ for ~es, except whero such da~lage or injllry /s c. alised by the actions of LESSOR or its ~mployees. LESSEE shall provide and ma/ntain automobile insurance in an ~nount not le~ th~m One Mill/on Dollars ($1,000,000.00), general liability and property liability insurance policy(les), appwved b~, the Collier County Risk Management D~p~'tment, for not less than One Million Dollars ($1,000,000.00) combined single limits during the term of th/s Agreement. In addition, LESSEE shall provide and maintain Workers Compemat/on Insurance covering all employees meeting Statutory Limits in complianc~ state and federal laws. The coverage shall include Employes Liabiliw with a miz mum ~.~.,~/~ Hundr~l Thousand Dollars and No/100 C~nts ($100,000.00) e_~c~-h accident. insurance shall be provided to the Collier County Risk Management Deparunent, 3301 Aaminlstration Buildi~E; Naples, Flor/da, 3,~112, for approval prior to the commenc Agreement; and -~it includc a provision requ/fing ten (]0) days pr/or wilton notice to Collier County c/o Count~ Risk Management Depamnmt in thc event of c~nccllafion or changes in policy(its) coveragc. L~SOR reserves thc right to reasonably ~ thc insurance requirements by issuenco of notice/n writing to LESSEE, wherm4~n rece/pt of such no~c~ LESSEE shall have thirty (30) days in which to obtain such ARTICLE I0. LESS]~ shall, at its sole cost and ~p~nse, keep th~ Dmnisad Prmnism clean at ali t/roes. If said Demised ~ are not kept clean in the opinion of LF~SOR, LF~SEE~ nmnager w/Il be so advised in writing. If corrective action is not tak~ within twenty (20) days of the roc~t of such notice, LESSOR cause the same to be cl-aned and corrected md LESS~-~ shall assume and pay ail necessary cleaning costs and such costs droll constitute additional rgnt which shall be paid by LESSEE within ten (10) days of receipt ofwr/t~n notice of corn inaured by LESSOR. Thc LESSEE, at its sole cost, .,h,i! r~pair ali damage to thc Demised Prtm~es caused by LESSE~, its ~lAoye~, agents, independent conWactors, gue~,/nv/tees, liceme~, or patrons. The LESSEF~ at its sole cost, shall remove from the Demised Premi*es in accordance with all applicable rules, laws and regulations, all solid, liquid, semisolid, and gaseous Wash and wa,~e and refuse of any nature whatsoever which might accumulate and arise from the operations of the LESSEE'S husine~. Such trash, waste md refuse ~ be stored in closed containers approved by the LESSOR. ARTICLE 11. ~ Failure of LESSEE to comply for n/nety (90) days with any material provision or covenant of this Lease shall constitute a default, LESSOR may, at its option, terminate this Lease after th/try (30) days written notice to LESSEE, unless the defauk be cured within the not/ce period (or such additional time as reasonably required to correct such default). However, the occurrence of any of the following events shall consl/tute a default by LESSEE, and th/$ Lease may be immediately terminated by LESSOR: (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation. Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant t~ the terms of this Lease. (c) Filing of insolvency, reorgnniT~tion, plan or arrangement or bankruptcy. (d) Adjudicat/on as bankrupt. (¢) Maiang ora general ass/~a~rnent of the benefit 0fcred/tor~. (f) If LESSEE sufl'e~ this Lease to be taken under any writ of execution. The LESSOR may, at its option, tc~rminate th/s Lease after receipt by LESSEE of th/try (30) days not/co in writing ifa lien is filed ags~in~ the leasehold interest of the LESSEE, and not removed w/thin th/r~ (30) days, pursuant to the Florida Mechanics Lien Law. If LESSEE fa/is to pay, when due, any inst~lirnent of rent or any other sum payable to LESSOR under this Lease, and if smd sum remains unpaid for more than ten (10) days past the due date, then LESSEE shall pay LESSOR a late payment charge equal to five (5%) percent of any payment not paid promptly when due. Any amounts not paid promptly when due shall also accrae dmple_m~erest of one and one half (1½) percent per month or the highest intm'e~ r~e then allowed by Florida law, whichever is higher, which interest shall be paid by LESSEE to LESSOR. LESSOR .~hsll in no event be charged with default in the performan~ of .a~ .of its obli at/ons hereunder unless and until LESSOR shall have failed to perform such obligations within ~ properly specifying wherein LESSOR has fniled to perform any such obligations. hIAY 1 3 2D03 Any notice which LESSOR or LESSEE may be r~luired to give to thc other party shall be in writing to the other party at the following addresses: LESSOR: LESSEE: Board of County Commissioners Sprint-Florida Incorporated do Real Property Mgmt. Dept. 6100 Sprint Parkway 3301 Tamiami Trail East Attention: Network Real Estate Manager Facilities Administraion Building Mail stop: KSOPI-IK 0210-ZA718 Naple~ Florida 34112 Overland Park, Knnsss 66251 Copy to: Office of the County ~.ttorney ARTICLE 14. ~m~nder of Premises LESSEE shall remove all improvements placed upon the Demised Premises by the LESSEE no later than thir~ (30) days followillg the termination of this Lease or ally earlier terminatioll thereto. LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises at the termination of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as thc same shall be at the commencement of thc term of this Lease or may have been put by LESSOR or LESSEE during thc continuance thm~of, ordinary wear and tear and damage by ~ or the elements beyond LESSEE'S control excepted, and repair any damage caused to the Demised I-'tzu~ises by such removal. Ii'LESSEE does · aot remove said improvements as required, LESSOR may complete said removals and repairs and LESSEE shall be responsible for all costs associated with the removal of LESSEE'S improvements and the repair to the Demised Premises associated with the removal of same. ARTICLE 15. ~ LESSOR shall not be required to furnish to the LESSEE any facilities, utilities or services of any kind whatsoever during the term of this Lease, such as, but not limited to, water, electricity, light and power, gardening and outdoor msintanace. All utilities and services, including initial hookups of water, septic and eleclricity shall be the responsibility of the LESSEE. LESSEE shall be responsible for the ~ payment to the appropriate company for all utilities and services supplied to the Demised Premises. LESSEE expressly agrees for itselt~ its successors and assigns, to refi'ain fi'om any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) The LESSEE e~preasly agrees for itself, its successors and assigns, to prevent any use of the Demised Premises which would interfere with or adversely affect the operation or mai~t~nac~ of Airport-Pulling Road (S-R= 31) and Orange Blossom Drive, or otherwise constitute a road hazarck {b) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR= (c) LESSEE agrees to pay all sales tax imposed on thc rental of the Demised Pre-raises where applicable under law. (d) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold inter~ in the Demised Pr~xnises or LESSEE'S possession of said leasehold interest in the Demised Pr~nises. ARTICLI~ 16. Environmental Cone. ems LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (incb~Hing attorneys fees) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment. I AT 1 3 2003 ARTICL~ 17. ~ In complianc, e with Section ~,04.056, Florida Statutes, all parties ar~ hereby made awar~ of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who ar~ exposed to it over time. L~vels of radon that exceed federal and state guidelines trove been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. All persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR in the Demised l~c.&uises shall not be subject to liens for improvements made by the LESSEE, and liens for improvements made by the LESSEE are specifically prohi'bited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. ARTICLE 19. ~ This Lease shall become effective upon execution by both LESSOR and ARTICLE 20. ~ This Lease shall be governed and construed in accordance with the laws of the Sta~e of Florida. ARTICLE 21. Condemnation I.t'the entire Demised Premises shall be taken or condemned by any competent authority for any public or quasi-public use or purpose, then in that event, this Lease and the t~m of this Lease hereof shall cease and terminate as to the date upon which the title shall c~ase and terminate vest thereby in such authority and the rental fee hereunder shall be apportioned and paid up to said date in which LESSEE'S business is materia impaired, whichever is earlier. If only part of thc Demised Premises shall be so taken or condemned, this Lease and the tam of this Lease hereof shall not cease or terminate, but the rental fee payable hereunder after thc date on which LESSEE shall be requ/red to surr~der possession of the part of the Demised Premises so taken or condemned may be reduced accordingly as of the date of such cond~nnation or date in which LESSEE'S business is materially impaired, whichever is earlier. If the r~maining portion of the Easement is not sufficient for the operation of the LESSEE'S bus/ness, .LESSEE may cancel this LEASE by notifying LEESSORwithin ninety (90) days of the taking of all or a portion of thc Demised Premises. ARTICLE 22. ~ LESSSEE shall usc the Dcmised Premises subject to all existing casements. LESSEE agrees that it shall not do anything that may interfere with any existing easements that encumber the Demised Premises. ARTICLE 23. No lrnglied A_ _nproval of LESSEE'S Use LESSOR acknowledges that the LESSEE has utilized a portion of the Dcm/seal Premises since August 15, 1989, and reiterates that by the execution of this ~ LESSOR shall not be construed by LESSEE as a substitute for, or exemption from, those licenses, permits or variances that may be needed by the LESSEE for its contemplated u~ of thc Demised Premises, nor exempt the LESSEE from the requirement of federal, state or local laws. LESSEE acknowledges that LESSOR'S execution of this Lease does not constitute an approval or disapproval of LESSEE'S contemplated use of the Demised Premises. LESSEE further agrees and acknowledges tl~ it is solely responm'ble for obt~inlng all licenses, permits and variances that may be required for its contemplated use of the Demised Premis~. If LESSEE cannot obtain the nec~sary licenses, permits, or variances required at the Demised Premises in basic conformity with LESSEE'S intended uae of t2;D~ LESSEE may by pro i g . .SSOR with noUce of its LESSOR'S addre~ set forth in this Lease. Said notice shall be effective upon placez~ nt ofthe~otice in an d osito y of u- ,ed sm ost o ee. or c ,ed · " hc~teby covenams and agrees to release LESSEE from all obligation incarrcd under thia I.,~se, including the payment of rent as required in Article 3, if this Lease is termix~cd purzuant to this Article. IN WITNESS WHEREOF, thc parties h~rcto have her~und~, set forth their hands and seals. AS TO THE LESSOK: DATED:~ ~..~..~...~rr.~.,m~oc'ac, c~ COLLm]rCOUNTY, FLO~D^ TIM~ J. CON~I'ANTINE, Chairman AS TO LESSEE: SPRllqT-FLORIDA INCORPORATED DATED: /~, Print or type namc (pruit name) ' ".-~ .. Approv~t as to £orm and Assistant County Attorney NAt I 3 2003 EXHIBIT ' A ? BOUNDARY SKETCH SECTION Z.., TOWNSHIP ,~9 S , RANGE ?.5 E · COLLIER COUNTY, FLORIDA · .. · · -: L'EGAL DES(~RIPTION The west.ii25 feet 'Of the follow~ng described property: A portion of the"South&ast Quarter"of section 2o Township 49 South, Range 25 East, Collter. C~unty, Florida, and being more particularly described as Commence.at '~he cent~rline intsr-~ection of Airport Road and Orange BlOsSom= D~ive,'.. C~llier County, Florida, thence .along the centerline of orange 'Blossom'--Drive' S '89°''49., 45" t/ e distance o~ 50.03 feet to the 1~esterly right-of-way line of Airport Road, thence N 2' 15' 03".W a distance of 30.02 feet to the northwesterly right-of-way line intersection of said Airport Road and Orange Blossom Drive, and the Point of Beginning of the parcel of land hereinafter described; thence along the northerly right-of=way 'line of Orange Blossom Drive S 89' 49' 45" ~{ a distance o~ 1,220.40 feet, thence leaving said northerly right-of-way line N 2' 13 '45" W & distance of 329.85 feet, thence N 89' 49' 32" E a distance of 1,220.27 feet to'th~ westerly right-of-way line of Airport Road, thence along the westerly right-of-way line of Airport'Road S 2' 15' .03". E .a distance of 329.97 feet to the Point of Beginning less the North 170 feet thereof. (containing 0.459 acres, more or_.l~ss. } . A SKETCH ONLY. NQT A: SURVEY. NOT TO SCALE. AC~a~A nl~ MAY 1 3 · ! rl'~ ri'~ '1' {m I ,\ r'- ~ i i i-~ ,Collier countv BUILDING ~; ~ ~ " ~ ~ovt Services Center ~ ' ~ o~ ~o,,~ ~r,,,~ LANDSCAPE PLAN . ,, ~ i I~l' !~t~ I ...... ::' : ' I .,l::, :::,!l ,.:il l,.~ i (. , -:I: , · ~ Collier County ~ - Gov't Services C~nter LANDSCAPE ~ · ! o~ ~o~o~ ~¢~ IRRIGATION D~AILS ~lli~ ---,,',,, ~ '",, : ,,~i,!i,~l ~!!~!~,~,'ii I I · l'll i iii[ I ~'~ ~lll! ! , ltl lid i~st, i{ 'q'l'il' ~. I , ~"-'"' "" ~ll~il {, { {I Ill l}!! Ii l,~ , ~ 1 -, , [11,1 I ' '" "' ~ ' ~i ~ ~i' I i!~ 1~ ,lw, iiI:li~ l', "' ""' ii.L., ,, ,i, ..,,,, 1~ ~!{, "'" ;" '" '~ i Iii lq :,-',i~itl ~' {~t-,,i ,a, ,,I,,,:l ~,,..m,: l!l,lt[ ' ,,,,,,ii,:: I~ ',d' ~"! l; ': 14:I:, :~il -:" ,:::.., 'I ':,i ] ,{: .... .t.:il, il '"" {~1,3!"'-';'~ · " :: ' ,,,, ,"1,~-' :I[,iI[ :::. ,::.. ,:,, · ti ' ' l}lIi Q;I~IJ 111~.. - ':'" '"':" i~l ' '"" il [it{, mm: ,'l' ' ,,.,, Il, { ~{l m, !{": ::l!, {1 ~] ,':,, · . lml i {f{' ,: ,,,, ii -:': . ,ii " ' "'" ~ '"'~! "' '"' ::,:~t:, '"'""ln,[ iI]IU I .-,~:,~., id I '":" I;{li!dl nil{ J i{~[ ~ "':' :l,: ~, :,:, I ~ Il il fil~ { ,,i hid filll {dll ,ifil I [, ,-, - i.. · ., .. . l:: ,,IH I'll · .::. , J~ l;ii: · :,~: :"" Ifil ::,: n ::, :,i [: i i , :fi i ~ll ,di '[' : '" "' ' !' ,: i {:ti ,:~ l, [i I i: :ii {i [1 []i'l ~U ~ II l {}~ :!, l: ~ I ~" ui,:'~:l ~ HAY i 3 i I i I { t ~ ' ' ,,Il '" ~ ~ G~vemment ~erv~ces LANDSGAPE/IRRIGATION i~ ~ ~ - Center ~ : ~ o~.~,~ ~,o,,o~ ~ SPECIFICATIONS EXHIBIT "C" RESOLUTION NO. 03- A RESOLUTION PROVIDING FOR THE ESTABLISHNIENT OF CONDITIONAL USE "26" FOR GOVERNMENTAL FACILITIES AS AN ESSENTIAL SERVICE IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3.26 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Plan_ning 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 26 of Section 2.2.2.3 of the Collier County Land Development Code in an "A" Rural Agricultural Zone for essential service governmental facilities on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida that: The petition filed by Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Incorporated, representing the Collier County Board of County Commissioners, with respect to the property hereinafter described as: Exhibit "B" be and the same is hereby approved for Conditional Use 26 of Section 2.2.2.3 of the Collier County Land Development Code in the "A" Rural Agricultural Zoning District for essential service governmental facilities in accordance with the Conceptual Master Plan (Exhibit "C") and subject to ~r.l~OA IIE~_ the following conditions: i MAY I 3 2003 Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this ~ Board. TI'ds Resolution adopted after motion, second and majority vote. Done this day of ,2003. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: Mazjo~ N;I. Smd~n[ ~ - Assistant County Attorney C U-2002-AR-Ba86/RB/sP 2 ~tI~Y 1 3 2003 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-3486 The following facts are found: 1. Section 2.2.2.3.26 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: A. Consistency with the Land Development Code and Growth Management Plan: Yes V~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or ~ Affect mitigated by. ~ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district / Yes X// No Based on the above findings, this conditional use should, with stipulations, (copy attached) ~t~h/~) be recommended for approval 1 3 2003 LEGAL DESCRIPTION Section: 02 Township: 49 ' Range: 25 Lot: Block: Subdivision: 100 Plat Book 965 Page #: 849 Property I.D.#: 492505 012.0004A02 Metes & Bounds Description: From the Southeast comer of the North I/2 of the North 1/2 of the SE 1/4 of Section 2, Township 49 South, Range 25 East* mn North 60 feet for the Point of Beginning; thence West 1,320 feet, then North 330 feet, thence East 1~320 feet, thence South 330 feet to the Point of Beginning) less the East 100 feet thereof conveyed to the State of Florida for road purposes, COLLIER COUNTY, FLORIDA. Size of property: 230 fL X 305.88 fL = Total Sq. Ft. Acres Approximately 1.62 for impacted area. Total site described above is approximately 9 Acres. Address/general location of subject property: 2387 Orange Blossom Drive, Orange Blossom Drive and Airport-Pulling Road (CR-31 ) EXHIBIT "B" MAY 1 3 2003 MAY Exh~.b'i g "C" CONDITIONS OF APPROVAL CU-02-AR-3486 a) The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County Ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review, of the Collier County Land Development Code. b) Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EXHIBIT "D" 2003 EXECUTIVE SUMMARY RZ-2002-AR-3160, ROBERT L. DUANE, OF HOLE MONTES, INC., REPRESENTING BENDERSON DEVELOPMENT CO., REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL TO "C-3" FOR PARKING AND INFRASTRUCTURE ONLY, FOR PROPERTY LOCATED EAST OF DONOVAN CENTER PUD ON THE SOUTH SIDE OF IMMOKALEE ROAD IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 0.44± ACRES. OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent with the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The petitioner wishes to rezone 0.441 acres from the Rural Agricultural (A) zoning district to the Commercial Intermediate (C-3) zoning district. The property is adjacent to Immokalee Road and borders the Breezewood PUD and Donovan Center PUD. The petitioner wishes to use this parcel as part of the parking and preserve area for a Site Development Plan to be constructed on the Donovan Center PUD. The subject site will have no access from Immokalee Road and no building will be constructed. It will only be used for infrastructure to support a proposed adjacent retail building. FISCAL IMPACT: This rezone by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The impact fees will be paid in accordance with the requirements for the retail center into which this parcel will be incorporated. It should be noted that because impact fees vary by tyl' MAY 1 3 2003 Pi ] development, and because this approval does not provide this level of specificity as to the actual size and type of use, the total impact fees quoted above is at best raw estimates. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system when required. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finallv additional revenue is generated by application of ad valorum tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. Nevertheless, development occurs under concurrency management policies. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban Commercial District, Mixed Use Activity Center Subdistrict), and is located within Activity Center//4, as identified on the Future Land Use Map of the Gro;vth Management Plan. Relevant to this petition, this Subdistrict permits the full array of commercial uses allowed in C-1 through C-5 zoning districts. The Mixed Use Activity Center states, in part: "Mixed Use Activity Centers are intended to be mixed-use in character. The actual mix of the various land uses...shall be determined during the rezoning process based on considerations of the factors...". These factors include: analysis of commercial land within the Activity Center and within two road miles of the Activity Center; market demand and service area for the proposed commercial uses; Patterns of land use in the Activity Center and within two radial miles; adequacy of infrastructure capacity; compatibility with adjoining properties; conformance with Access Management Plans; interconnection with adjacent projects. Given the unusual circumstances of this rezone request (small size, location and limited uses) the requirement for a commercial analysis is not deemed necessary. ENVIRONMENTAL ISSUES: There are no unusual environmental issues associated with this petition. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: An Environmental Impact Statement was not required for this parcel, because it did not meet the threshold. Therefore, the Environmental Advisory Council did not hear this petition. MAY 1 3 2003 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on April 3, 2002. The CCPC voted 8 to 0 to recommend approval of petition RZ-2002-AR-3160 to the Board of County Commissioners. PLANNING SERVICES STAFF RECOMMENDATION: The proposed rezone is consistent with the applicable provisions of the Growth Management Plan and the site is compatible with surrounding land uses. Therefore, Planning Services staff recommended that the Collier County Planning Commission forward Petition RZ-2002-AR-3160 to the Board of County Commissioners with a recommendation of approval subject to the following conditions: 1. Permitted uses on the subject property are limited to parking and infrastructure to support a commercial development. 2. Access to Immokalee Road shall be from the adjacent Donovan Center PUD only. MAT 1 3 ?.003 3 P~'-- -- PREPARED BY: AICP DATE NNER REVIEWED BY: CURRENT PLANNING MANAGER MARGARET (~UERSTLE, AICP DATE PLANNING SERVICES DIRECTOR APPROVED BY: OMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR RZ-2001-AR-3160 ~¥ 13 2003 4 AGENDA ITEM 7-J MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: MARCH 4, 2003 RE: PETITION: RZ-2002-AR-3160, BENDERSON REZONE OWNER/AGENT: Agent: Robert L. Duane, AICP Hole Montes, Inc. 950 Encore Way Naples, Florida 34110 Owner: Blend-All Hotel Development Inc. 570 Delaware Avenue Buffalo, NY 14202-1207 Petitioner: Benderson Development Company, Inc. 8441 Cooper Creek Bouelvard University Park, FL 34201 REQUESTED ACTION: The petitioner wishes to rezone 0.441 acres from the Rural Agricultural (A) zoning district to the Commercial Intermediate (C-3) zoning district. GEOGRAPHIC LOCATION: The property is located west of Interstate 75 and south of Immokalee Road, within Activity Center 4. HAY 1 3 2003 PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to rezone 0.441 acres of undeveloped land from the Rural Agricultural (A) zoning district to the Commercial Intermediate (C-3) zoning district. The property is adjacent to Immokalee Road and borders the Breezewood PUD and Donovan Center PUD. The petitioner wishes to use this parcel as part of the parking and preserve area for a Site Development Plan to be constructed on the Donovan Center PUD. The subject site will have no access from Immokalee Road and no building will be constructed. It will only be used for infrastructure to support a proposed adjacent retail building. SURROUNDING LAND USE AND ZONING: Subject Parcel: The site is undeveloped; zoned A Surrounding: North: Immokalee Road ROW; across which is the commercial parcel of the Pelican Strand PUD East: Breezewood PUD (undeveloped); office, retail and hotel uses are permitted South: Commercial parcel of the Donovan Center PUD (subject parcel will be incorporated into this development) West: Commercial parcel of the Donovan Center PUD (subject parcel xvill be incorporated into this development) GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban Commercial District, Mixed Use Activity Center Subdistrict), and is located within Activity Center #4, as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits the full array of commercial uses allowed in C-1 through C-5 zoning districts. The Mixed Use Activity Center states, in part: "Mixed Use Activity Centers are intended to be mixed-use in character. The actual mix of the various land uses...shall be determined during the rezoning process based on considerations of the factors...". These factors include: analysis of commercial land within the Activity Center and within two road miles of the Activity Center; market demand and service area for the proposed commercial uses; Patterns of land use in the Activity Center and within two radial miles; adequacy of infrastructure capacity; compatibility with adjoining properties; conformance with Access Management Plans; interconnection with adjacent projects. Given the unusual circumstances of this rezone request (small size, location and limited uses) the requirement for a commercial' analysis is not deemed necessary. Based upon the above analysis, staff concludes the proposed commercial uses and intensity for the subject site can be deemed consistent with the Future Land Use Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located in an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Survey is not required. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The proposed impact of this rezone on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. ANALYSIS: The subject parcel is within an Activity Center and therefore is eligible to be rezoned from Rural Agricultural to Commercial. Staff analysis indicates that the petition is consistent with the Growth Management Plan and compatible with surrounding commercial land uses. Since the rezone will allow the parcel to be incorporated into a proposed shopping center, the impacts of the rezone on County infrastructure will be minimal. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council did not hear this petition because an Environmental Impact Statement (EIS) was not required. An EIS was not required because the property does not meet the size threshold. PLANNING SERVICES STAFF RECOMMENDATION: The proposed rezone is consistent with the applicable provisions of the Growth Management Plan and the site is compatible with surrounding land uses. Therefore, Planning Services staff recommends that the Collier County Planning Commission forward Petition RZ-2002-AR-3160 to the Board of County Commissioners with a recommendation of approval subject to the following conditions: 1. Permitted uses on the subject property are limited to parking and infrastructure to su )oft a commercial development. 2. Access to Immokalee Road shall be from the adjacent Donovan Center PUD ~ 3 14AY 13 2003 PREPARED BY: F~?.)REISCHL, X'i~P~ DATE PRINCIPAL PLANNER REVIEWED BY: Y, AIC DATE CURRENT PLANNING MANAGER MARGAy1 WUERSTLE, mica DATE PLAnt'SERVICES DI~CTOR APPROVED BY: ~ ~~T & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNA~FHY,' C~A~RMAN g/currenqreischl/rezoncs/EVetPk/staffreport/RZ-2002 -AR-3160 2003 _ REZONE FINDINGS PETITION RZ-2002-AR-3160 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. This rezone petition is consistent with the applicable goals, objectives and policies of the Growth Management Plan and Future Land Use Map. 2. The existing land use pattern; Pro: The permitted C-3 uses are similar to the permitted uses in the surrounding PUDS. Con: The surrounding zoning is PUD, not C-3. Summary Findings: The proposed land use is consistent with the land use pattern in the area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The permitted C-3 uses are similar to the permitted uses in the surrounding PUDS. Con: The surrounding zoning is PUD, not C-3. Summary Findings: The petition will create a district that is not identical to adjacent zoning districts, but the permitted uses are similar. 4. Whether existing district boundaries are illogically dra~vn in relation to existing conditions on the property proposed for change. Pro: The existing boundaries result from previous rezoning of the surrounding properties. HAY 1 3 2003 Con: Evaluation not applicable. Summary Findings: The current district boundaries are logicfilly drawn, since they were created by previous Board action. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The surrounding property, previously zoned Rural Agricultural, has been rezoned to PUD. Con: Evaluation not applicable. Summary Findings: Changing conditions have resulted in the submittal of this amendment since the surrounding properties have been previously rezoned. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: This half-acre site is not adjacent to residential areas. Con: Evaluation not applicable. Summary Findings: The proposed rezone will not have a significant impact on the surrounding commercial zoning. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or other~vise affect public safety. Pro: The subject parcel will be incorporated into a retail center. No additional access will be permitted. Con: Evaluation not applicable. Summary Findings: The subject parcel will not generate significant traffic. HAY 13 2003 p _ll .... 8. Whether the proposed change will create a drainage problem; Pro: The project will be required to obtain a permit from'the South Florida Water Management District. Drainage problems will not be created when construction is done in accordance with the permit. Con: Evaluation not applicable. Summary Findings: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems will not be created when construction is done in accordance with the permit. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed site will be used for parking and infrastructure only. Con: Evaluation not applicable. Summary Findings:. All projects in Collier County are subject to the development standards of the zoning district in which it is located. Therefore, the availability of light and air to the neighbors will not be affected. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: This rezone will be incorporated into a retail center. Con: Evaluation not applicable. Summary Findings: The parking and infrastructure provided by this parcel will permit a larger retail center in the Donovan Center, potentially affecting property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summam' Findings: Development of adjacent properties in accordance with existing regulations will not be affected. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: If the Board makes the findings outlined in the staff report, the proposed rezone will be in compliance with the Growth Management Plan. If it is deemed consistent, the proposed change will not constitute a grant of special privilege. 13. Whether there are substantial reasons ~vhy the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The property could be used under its current zoning. However, the petitioner wishes rezone the property, which is within an Activity Center, to incorporate it into a proposed retail center. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: If the Board makes the findings in the staff report, the proposed development will comply with the Growth Management Plan. Con: Evaluation not applicable. Summary Findings: StaWs analysis indicates that the rezone is consistent with the Growth Management Plan, as amended and is therefore, in scale with the needs of the neighborhood. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findings: There are many similar parcels in the County. The petitioner wishes to rezone the property to commercial. 16. The physical characteristics of the property and the degree of site alteration which ~vould be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary Findings: The subject property is undeveloped. '~J~rhile site conditions may restrict the location of the proposed infrastructure, they would not render the property unusable. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findings: The rezoning of this property will eventually result in the creation of infrastructure for a retail center. The Site Development Plan will be reviewed for compliance with the Levels of Service required for public facilities in the area. 1 3 20O3 5 + RZ-2002-AR-3160 PROJECT #2002090101 DATE: 10/2/02 FRED REISCHL APPLICATION TO REZONE A .43 ACRE PARCEL FROM 'A' TO C-3 SECTION 30 RANGE 26 TOWNSHIP 48 Prepared by: Hole Montes, Inc. 950 Encore Way Naples, FL 34110 August 2002 HM File No. 2002.014 Date Reviewed by CCPC: Date Approved by BCC: Ordinance Number Amendments & Repeals 2O03 TABLE OF CONTENTS · COVER LETTER- PROJECT JUSTIFICATION · APPLICATION ATTACHMENTS · ADDRESSING CHECKLIST · PROJECT LOCATION MAP · AERIAL PHOTO · FLUCSMAP 11X17 · SITE PLAN 8Xll · BOUNDARY SURVEY · ARCHAEOLOGICAL PROBABILITY MAP HAY 1~ ~00~ ~ APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE Petition No.: Date Petition Received: Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Benderson Development Company Applicant's Mailing Address 8441 Cooper Creek Blvd. City University Park State FL Zip 34201 Applicant's Telephone # 941-359-8303 Fax # 941-359-1836 Name of Agent Robert L. Duane Firm Hole Montes Inc. Agent's Mailing Address 950 Encore Way City Naples State FL Zip 34110 Agent's Telephone # 239-254-2000 Fax # 239-254-2099 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANN SERVICES/CmUmYr PI ANm _C_ I 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 ~A¥ 1 3 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE- 10/9S ~._ I ri __ PAGE I OF 15 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homemvner Association: N/A Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City State __ Zip. Name of Homeowner Association: Mailing Address City State __ Zip. Name of Master Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address City State __ Zip 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership See attached APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE-]0~8 HAYS. 3 2003 W:~002~002014~RLD\Conventional Rezone (R) Application.doc PAGE 2 OF 15 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98 W52002X2002014\RLD\Conventional Rezone (R) Application.doc PAGE 3 OF 15 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, p~nership, or trust. Name n~d Address g. Date subject property, acquired [~] leased [~ .11/10/98 Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the dale of'the final public hearing, it is the responsibility of the applicant, or age,at on his beahalt~ to submit a supplemental, disclosure of interest form. 3. Detailed legal description of the property covered by the aonlication: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. AppLicant shall submit four (g) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 30 Township: 48 Range: 26 Lot: Block: Subdivision: Plat Book Page #:~ Property I.D.#:000198400004 - Metes & Bounds Description: See attached 4. Size of property.: I00 fi. X 185 f~ = Total Sq. Ft. Acres .a41 Acres 5. Address/general location of subject oroperty: SW Ouadrant ofi-75 and Immokalee Road ~PPLICATION FOUR PUBLIC HEARI~G FOR STANDARD REZONE - W:k2002~O02014LRLD\Convcntional l~zonc (R) Application. doc _o_r !._S ......... I A.Y 1 3 2003 ..... Adiacent zonine and laud use: Zoning Land use PUD .C. ommerqial/Residential PUD Vacant PUD/Commercial Vacant W_ PUD/.Commercial _ Vacant Does thc owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. ('If space is inadequate, attach on separate page). Section: 30 Township: ,48 S P, znge: _ 26 E Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#:00196760005, 00198440006 Metes & Bounds Description: 7. Rezone Req.uest: This application is requesting a rezone from the Agricultural zon/ng dis~ct (s) to thc C-_.~3 zoning district(s). Preseut Use of the Property: V~acant a~ricultu.r, al Proposed Use (or range of uses) of the property:, parking, native vegetation preservatio_n. and open space 8. Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land Development Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted be]ow ~ A P'PI"[CATT-"ON ~O R FUBI"'C ['~ZARING FO R STa'NDARD RP'"ZON £ ' 10'' ' W:X2002X2002014XRLD\Couventional.Rczone ('JR.) A.pplicatiou.doc ~AO~ ~ O~= ~S MAY 1 3 ~03 shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Rezone Considerations (LDC Section 2. 7. 2.5.) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. [fqTeth ~'r changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6. Whether the proposed cliange will adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected &'pes of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 8. W'hether the proposed change will create a drainage problem. 9. W-hether the proposed change will seriously reduce light and air to adjacent areas. 10. W-berber the proposed change will seriously affect property values in the adjacent area. l l. ~hether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance ~ with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neil '~,'~c,, ,~y/~ ~ the count. ~ [ q ~ APPLICATION FOR PUBLIC HEAR~G FOR STANDARD REZONE- 10/98 ~AY 1 3 2~03 W:~002~002014~D~Conventional Rezone (R) Application.doc ~. ~ PAGE 6 OF 15 15. Whether it is impossible to find other adequate sites in the county for the proposed · ~- use in districts alreadypermitting such use. ! 6. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subiect proper.tv: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that --. hearing? N/A 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; b. If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8½" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], ~t.,ra~A rWr.~/~ · required yards, open space and preserve areas, ~ [ ~ ~ MAY 1 3 2003 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98 ~ W:x.2002~002014W,_LD\Conventional Rezone (R) Application.doc _ PAGE 7 OF 15 · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). 15. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; la. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); 5. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. MAY 1 3 2003 APPLICATION FOR PUBLIC ItEARING FOR STANDARD REZONE- I0/9S W:X2002X2002014LRLD\Conventional Rezone (R) Application.doc PAGE 8 OF 15 TRAFFIC IMPACT STATEMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition often acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: 1. Trip Generation: Annual Average Daily Traffic (at build-out) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvement 6. Proposed Schedule (Phasing) of Development ~ 1 3 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - I0/91~ W:',2002x2002014~RLD\Conventional Rezone (R) Application.doc PAGE 9 OF 15 TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: 1. Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 2. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Ser~'ice (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5. Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199, 999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft. 5 Miles 400,000 & up 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. 6. Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected ,~ ~,~~4tgtaf~ -- Vehicles Per Hour (VPH). I~o.~V-~ __ APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE- 10~8 MAY 1 3 2003 W52002~2002014\RLD\Conventional Rezone (R) Application.doc Pg._ ~(''p -- PAGE 10OF15 - 7. Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted orr a map or, alternatively, in a listing of those projects and their respective characteristics. 8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located xvithin the RDI should be identified. A description of the funding commitments shall also be included. 11. Proiect Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/RJM 10/17/97 HAY 1 3 2gO3 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98 ~.i7 W:~2002L2002014~RLD\Conventional Rezone (R) Application.doc I~g'- -- PAGE 11OF15 STATEMENT OF UTILITY PRO'VIS. IONS FOR STANDARD REZONE REQUEST NAME OF APPLICANT: Benderson Developme, nt Company NLAILING ADDRESS: 8441 Cooper Creek Blvd., CITY 'University Park STATE FL ZIP 34201 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): See attached location maO (since no buildings are proposed for the sublect property~ no utili ,ty calculations are provided). LEGAL DESCRIPTION: Section: 30 Township: 48 Range: 26 Lot: Block: ~ Subdivision: Plat Book Page #: Property I.D.#:000198400004~ Metes & Bounds Description: See attached 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. cOLrNTY UTILITY SYSTEM [-'] b. CITY UTILITY SYSTEM [] c. FRANCHISED UTILITY SYSTEM ['-] PROVIDE NAME d. PACKAGE TREATMENT PLANT [--] GPD capacity) e. SEPTIC SYSTEM ['"] 6. TYPE OF WATER SERVICE TO BE PROVIDED; a. COUNTY UTILITY SYSTEM [] b. CITY UTILITY SYSTEM [--] c. FRANCHJ{SED UTILITY SYSTEM [--] PROVIDE NAME d. PRIVATE SYSTEM (WELL) [-'] ' 7. TOTAL POPULATION TO BE SERVED: ~PPLICATION ~'QR FU~BL]'C HEARrNG FOR STA~A~ RrZ~Z - l~S ~j ~ _ W:~002~002014~D~Conven~onal R~o~ ~) Apphcafio~c P.c 12 ov .... MAY 1 3 2003 -~ 7. TOTAL POPULATION TO BE SERVED: 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK AVERAGE DAILY B. SEWER-PEAK AVERAGE DAILY 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98 W:~002~002014\RLD\Conventional Rezone (R) Application.doc PAGE 13 OF 15 STANDARD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # or NOT COPIES REQUIRED REQUIRED 1. Completed Application 15 15 2. Copy of Deed(s) and list identifying Owner(s) and all I 1 Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized I 1 4. Pre-application notes/minutes N.A. Held over the phone 5. Conceptual Site Plans 15 15 6. EnvironmentalImpact Statement- (EIS) Waiver 4 4 FLUCS 7. Aerial Photograph - (with habitat areas identified) 4 4 8. Completed Utility Provisions Statement (svith required 15 15 attachments and sketches) 9. Traffic Impact Statement - (TIS) - Waiver N.A. 4 10. Historical & Archaeological Survey or Waiver 4 4 Application Waiver 11. Copies of State and/or Federal Permits N.A. X 12. Architectural Rendering of Proposed Structure(s) N.A. X 13. Application Fee, Check shall be made payable to _ $2,150.00 Collier County Board of Commissioners 14. Other Requirements - Addressing Checklist 15 15. Sur~ey 4 As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Agent/Applicant Signature APPLICA'FION FOR PUBLIC HEARING FOR STANDARD REZONE-10/98 MA~ 1 3 2003 W:L2002X2002014X~RLD\Conventional Rezone (R) Application.doc PAGE 14 OF 15 I~. Details Page 1 of I Current Ownership Folio NO.]I 00198400004 II Property Addre$~ll .O S~TE ADD.ESS Owner Namell BLEND-ALL HOTEL DEV INC ET AL Addressesu 570 DELAWARE AVE civil BUFFALO II Statell NY II ZiPll 14202- 1207 Legalll 30 48 26E100FT OF NWl/4 OF NWII4 OF NWII4 OF NEll4, LESS N 200FT R/W Section II Township II Range II Acre= II Map .o. II Strap No. 30 II 46 II 26 II 0.34 II 3B30 11482630 039.0003B30 2002 Final Tax Roll Values Latest Sales History I Land Va,ua $477,728.00 Date 8ook-PageII Amount I(+) Improved Value $ 0.00 01 I 2002 2962- 916 II $ 0.00 I (=) Market Value $177.725.00, 11 1 1998 2480- 2940 II $ 7,500,000.00.] I (-) SOH Exempt Value $ 0.00 11 I 199~ 2479- 3007 II $ 0.00 I (=) Assessed Value $177,725.00 06 1 199~ 2321- 287 Il $ 200,000.00 I(-) Homestead and other Exempt Value, $ 0.00 04 1 1997 2308- 3238 II $ 0.00,] I (=) Taxable Value S 177,725.00 01 I 1997 2272- 1514 I[ $ 0.00 SOH = "Save Our Hemes" exempt value due to cap on assessment 12 / 1996' 2262- 1456 J[ $ 0.00 increases. The Information is Updated Weekly. _ MAY 1 3 2003 ~"'~ J , http://www.collierappraiser.corn/RecordDetail.asp?FolioID=0000000198400004 3/4/2003 HM File No. 2002014 List of Tenants in Common for Parcel Numbers 00198400004, 00196760005, 00197520008, & 00198440006 NAME PERCENT OF INTEREST BLEND-ALL HOTEL DEVELOPMENT, INC 28.333333% WALDEN AVENUE-BLEND-ALL HOTEL DEVELOPMENT, INC. 28.333333% DICK ROAD-BLEND-ALL HOTEL DEVELOPMENT, INC. 28.333333% WR-I ASSOCIATES, LTD. 15 All whose post office address is as folloxvs: c/o Benderson Development Company, Inc. 8441 Cooper Creek Blvd. University Park, FL 34201 W:X2002X2002014GLLDLList of Tenants in Common.doc ~A¥ 1 3 2003 EMs=, Collier Count},, Florida, Chenc~ South 00031,12 ~asc 140.02. thence ~ereinT.thence ~on=inue Sou=h 88~25,2~, ~ 8~.uo =ee=, =~ence South Easu 2S.38 fern ~o ch~ Ea~c llne of thc Noruhwes= ~Cer of the Northwest qua~er of =he Nor~wes~ ~arcar of the-Noruheas~ quar=er ~f ~aid Sec=ion ~0. 0001'O7~t West 177.87 f~e~; :hence Nor=h 88°28,04. Wesc 100.11 feet. chenc, 0P3i'12" West, 193.66 f~e= co :he South righ= of ~ay l~ne of C~un~y Road :C. MAY 1 3 2003 C. Poh[~ De:lar~tjon Oi STA~ OF FLORA COUN~ OF CO~ ' ' T~ FO~~ ~~ ~ ac~owJed~=d bcforc m= ~ ~ ~y of November, 1998. by H~RB~T C. PO~AN~. ~ T~ of ~e ~erb:~ C. P~m~ D~l~io~ of T~L K: Js pcrson~ly My Co~sio~ ~p~: .,,~%ilm~l,,.' '.,,,~,~. ACaENOA II'EM/-, .,,.iq ~ . MAY I 3.2003 'ON n~6~:~ ZnnZ'~z'Nnr · ~d~6}.ftoS'o/o being first duly sworn, depose and zay that tl~/l am/art v~ tho~~ ~ ed herein and which Is the subject matter of the proposed hearing: j'~at all ~r~e an.ewers to the questions tn this application, including the disclosure of Interest information, all sketches, datm and other ~upplementary matter attached to and made a t~art of thi$ application, are honest and t~ue to the best of our knowtedge and belief. lYt/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer g~nerated or Coltnty prtnttd shall not be altered. P~blic hearings will nnt bt advertised unttl thts appltcatlon l$ deemed complete, and all required Information has been submitted .4spropertyownerlZ/e/Ifurtherauthorize Ic.~.--.rt L. De'-"~~~"~~ toact as our/my representative in any matters reg~xrding this Pctltlon. -- ~ig~tur~e of Property Ownar $ign~tur~ of Property Owner Typed or Printed Name of OvOner Typed.or Printed Name of Owner ]['htt forego lng rO me Stat~ of_/V~. ~mture 4Not~ PubliC- ~e ~ Court. of ~'~ , ) (~r~nt. ~e, ar ~tamp Comm~one~ MAY ~ 3 2~3 ~D~3S~G C~C~IST FveW pro~cct. It--s ~ bold ~c ~ ~q~red. [~ . ~' ~ - 1. L~al d~c~pQon of subje~ ~pc~ or prop~es (copy o] ten~ ~e~crip~'on m~ be armche~ Sec a~hcd ~W ~ed 2. Folio ~rope~ ~) numbc~) of above (atm¢~ W, or ~ocJate ~itk legal ~crip~on ~more t~, one) 0001984000~, 00196760005, 00197520008, & 0019~ d0006 3. S~cet ad~c~z or N/A 4. Loc~Qom m~p, sho~ng ~a~ l~on ofproj~si~ 5. Copy of ~cy ~EDED O~Y FOR ~LA~D PROPER~S) N/A 7. Proposed S~e~ n~ez (~a~licable) ~. S~tc Development PI~ N~b~ ~OR E~S-I~O pRO~CTS/Srl'ES O~ SDP 9. Petition ~pe - (Complc~ a scp~a~ Ad~css~g Chec~st for each PefiQon T~c) ~ SDP (Site Development PI~) ~ PPL ~l~s & PI~ Review) ~ SDPA (SDP ~cn~cnt) ~ PSP ~re~ Subdi~sion Plat) ~ SDPI (SDP ~b~fi~ Cha-gc) ~ ~ ~ Plat) ~ S~ (Site ~provemcnt PI~) ~ LLA ~ot L~e Adju~cn0 ~ S~A (S~ ~mcnt) ~ S~ (S~t N~c C~c) ~ ROW ~t-of-Way P~t) ~ L~d Use Petition ~ce, Co~don~ Usc, ~ V~FP ~cg. Remov~ ~ Site FiU Pc~t) Boat Dock E~,, ~czone, P~ rezone, ~ O~er- Dcscd~: [0. Proj~t er development n~cs propos~ for, or ~c~y a~c~g ~ condo~ doc~cn~ (if ~plicablc; ~dicatc whe~ pro,sod or cxist~ Please Check One: [] Chr. cklist is to bc Faxed Back [-~ Personally Picked Up Applicant Name P, obe~t.Duanc Phone 239-254-2000 Fax 239-254-2099 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. -FOR STAFF USE ONLY Prima~ Nttmber i_~ ~ } ~ Address Number ~ Address Number · _ Approved. b ~ Date '7 - ~ C..) -(~)~-~ W:'~..002U002014LR. LD"~,DDRF-.$S]]'qo Cl-iEcK.LIST.doc . NO. '~rl ~--,~, NAY 1 3 2003 RZ-2002-AR-3160 PROJECT #2002090101 DATE: 10/2/02 FRED REISCHL RNG Z6 RNG ~'? ~ TWP 47 = j ~ TWP 45 8 9 10 11 12 20 21 22 23 24 29 28 27 26 25 30 29 - 32 33 34 35 96 31 32 AGEHOA ...... MA Y 132003 . .~T~ .~o..c ~.~c (.OTm S~ CORKSCREW SW QUAD~G~ B~~ t ~ ~ s~ (.mm ~ ~AS OE )!I~ORICAL/ARCHAEOLOGICAL PRO ~-2002-AR-3160 P~OJECT #200209~ l01 / DATE: 10~/02 NOR~EAST CORNER, SECTION 50, ~ / F~D ~ISCHL TO. SHIP 48 SOUTH, RANGE 26 EAST .~ ~P~ 0.04' S RUN S.85~*~'E.. F~ A ~ST~ ~ 545.52 ~T; ~ RUN S.~5'29'~, F ,~ RECORD. I 1 93.66' La ~3241 BEARINGS RE~ TO ~ N~ UNE ~ ~E N~ST ~AR~ I N 00'31'40" w o.25' s TO~IP ~ S~, R~ 26 E~T, C~ C~N~ ~IOA, AS BEING [ 0.28' w S.88~4'18'E. I ABS~ACT ~ ~ HAS NOT B~ R~ BY ~R~Y~. I : ::.?~ ATT[rD ~ ~IDA UCENS~ SURfeR ~D A~ BANO. RU~ C~ PIT~F~D DiCK ROAO-B~ND-A~ HOWL ~LOPM~T. ~ICAGO ~ INSUR~ ~P~Y I HEREBY ~R~ ~AT ~IS ~E~ ~ ~E HERE~ DESCRIBED PR~ER~ W~ ~ LINE TABLE ~ SUR~ UNDER MY DIR[C~ ~ 7/31/2~1. I ~R~ER C~ L E DIRECnON DISTANCE~ SURLY ME[~ ~E MINIMUM ~CHNICAL STAND.DS F~ ~D SUR~NG IN ~ L2 $ 90'3731' E I H3.85' I ~ L3 S 85'38'38" E I 545.5T H~ M~ INC. Poc ~ NOR~ST CORNER,SEC~ON ~0, TO~SHIP 48 SOU~. RANGE 26 EAST NOT VAUD WITHOUT BOUNDARY SURVEY THE SIGNATURE AND ~ "~ ~ DAm THE ORIGIN~ ~ISED DONOVAN CENTER ~s gso Encore wey S~L OF A FLORIDA A PARCEL OF ~ND LOCATED IN THE NORTH TH F.B. 805 JTO~ 48 I 01.090 N=ple~, Flofldo ~4110 UCENSED SURVEYOR 1/2 OF SECTION 30, TOWNSHIP 48 SOUTH, mE--BY: JP~ 2-4 Phonl: 254-2000 HOLE MONTE8 Florldu CeHlflc~fe of AND ~APPER, RANGE 26 EAST ENGINE~gS'P~NERS'SU~V~DRS Aufhoflzoflon No.1772 C~ COUN~ _ ~_~)gA JLR J~ PAR2BND I B-388~ SPECL4.L WARRANTY D~r~ TItI$ SPECIAL WARRA,WTy D~ m~ ~he~ d~y of Nov~, A.D., C. ~~, ~ ~ec of the Herhe~ C. ?o~a~ D~ratton ~ T~, whos~ pos~ o~ ad~ i~: 2~2 ~ird Avenue No~, N~I~, ~L 34102, h=~ c~e~ ~= 'G~mr'. ~o DE~LO~T, ~C., ~ a ~e~ in common ~h aa undivided 2~.333333~ 2S~33333% in~t, DICK RO~BL~~ H~ DE~O~, ~C.~ ~ a ~ in common ~nvcys ~d ~s' ~:o ae G~Ice, ~ ~ c=n~ l~d sk~a ~ Co~i~ Coup, ~or[~, SU~SCT TO r~do~ ~ e~=m~ co~o~ to ~= sub~v~ion, v~orcm ~s for ~: yc~ ~998. O~or w~ ~t ~e sub3::t prop~ is nor his homesr:a~ TOGET~R, wi~ ~ ~c =entre=u, hc~n~ ~d ~p~~ TO ~VE ~ TO HOLD, ~ s~: ~ f~ si~l: fomv~. ~ cbc G~or h=mby ~ven~a wi~ s~d G~e= ~ ~ O~ror i~ lawny s~d =f s~d l~d in f~ si~l=; &~ ~c G~ror ~ ~ood ~gh: ~d law~ zuaoN~ ~o s~ ~ conv~ ~d I~d, ~d h~cby w~= MAY 1 3 20(}3 ElD - ~j 7 ' J N N I 'r',U ,, Division of Corporations Page 1 of 2 Foreign Profit BENDERSON DEVELOPMENT COMPANY, INC. PRINCIPAL ADDRESS 8441 COOPER CREEK BLVD. UNIVERSITY PARK FL 34201 Changed 06/21/2000 MAILING ADDRESS 570 DELAWARE AVE BUFFALO NY 14202 US Changed 05/03/2001 Document Number FEI Number Date Filed P33431 160834011 03/19/1991 State Status Effective Date NY ACTIVE NONE Last Event Event Date Filed Event Effective Date RE 1N STATEMENT 12/30/1993 NONE Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS ST, TALLAHASSEE FL 32301 Name Changed: 05/27/1997 Address Changed: 05/27/1997 [ I Officer/Director Detail Name&Address II Title BENDERSON, NATHAN ~A ~ %570 DELAWARE AVE. c BUFFALO NY 14202 BE. OERSON, ~NOAL'~ MAY I 3 2003 P BUFFALO NY 14202 .../cordet.exe?al=DETFIL&nl =P3343 l&n2=NAMFWD&n3=0000&n4=N&rl=&r2=&r3=&r4_-3/4/2003 Division of Corporations Page 2 of 2 BALDAUF, DAVID H %570 DELAWARE AVE. VS BUFFALO NY 14202 WOLFSON, ALAN %570 DELAWARE AVE. T BUFFALO NY 14202 Annual Reports View Events No Name History Information Document Images .... Listed below are the images available for this filing. 05/14/2002 -- COR - ANN REP/UNIFORM BUS REP 05/03/2001 -- ANN REP/UNIFORM BUS REP 05/01/2000 -- ANN REP/UNIFORM BUS REP 05/10/1999 -- ANNUAL REPORT 05/04/1998 -- ANNUAL REPORT 05/27/1997 o- ANNUAL REPORT 05/01 / 1996 -- 1996 ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT J MAY 1 3 2003 .../cordet.exe?a 1 =DETFIL&n 1 =P33431 &n2=NAMFWD&n3=0000&n4=N&r 1 =&r2=&r3=&r4 3/4/2003 HM File No. 2002014 List of Tenants in Common for Parcel Numbers 00198400004, 00196760005, 00197520008, & 00198440006 NAME PERCENT OF INTEREST BLEND-ALL HOTEL DEVELOPMENT, INC 28.333333% Officers: Nathan Benderson (C) Randall Benderson (VCP) Ronald Benderson (D) David H. Baldauf (VS) Alan S. Wolfson (T) WALDEN AVENUE-BLEND-ALL HOTEL DEVELOPMENT, INC. 28.333333% Officers: Randall Benderson (PVC) David H. Baldauf (VS) Alan S. Wolfson (T) Nathan Benderson (C) Ronald Benderson (D) DICK ROAD-BLEND-ALL HOTEL DEVELOPMENT, INC. 28.333333% Officers: Randall Benderson (PC) David H. Baldauf (VS) Alan S. Wolfson (T) Nathan Benderson (C) Ronald Benderson (D) WR-I ASSOCIATES, LTD. 15 General Partner: WMR-I, Inc. Officer of WMR-I, Inc. Wayne M. Ruben (D) All whose post office address is as follows: c/o Benderson Development Company, Inc. 8441 Cooper Creek Blvd. ~ University Park, FL 34201 MAY 1 3 2003 G:\Current\Reischl\Rezones~Benderson\List of Tenants in Common.doc I~. ~ ORDINANCE NO. 03 - AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8630N BY CHANGlNG THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED EAST OF DONOVAN CENTER PUD IN THE SOUTHWEST QUADRANT OF THE INTERSECTION OF INTERSTATE-75 AND IMMOKALEE ROAD (CR-846) IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" TO "C-3"; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane AICP, of Hole Montes, Inc., representing Benderson Development Co., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 30, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" to "C-3" and the Official Zoning Atlas Map numbered 8630N as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the following conditions: 1. Permitted uses on the subject property are limited to parking, preserve, landscaping, buffers, signage and infrastructure to support a commercial development. 2. Access to Immokalee Road shall be from the adjacent Donovan Center PUD only. SECTION TWO: This Ordinance shall become effective upon filing with the Depamnent of State. MAT 1 3 2O03 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY Ma~jor¢0 M. Student Assistant Count)' Attorney RZ-2002-AR-3'i 60/F¢:~o NAY 13 2003 RZ-2002-AR-3160 Legal Description PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTH 1/2 OF SECTION `30° TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION ,30, TOWNSHIP 48 SOUTH, RANGE 26 EASY, COLLIEI~ COUNTY, FLORIDA; THENCE RUN S.88'24'18"E., ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION `30, FOR A DISTANCE OF 1,980.23 FEET; THENCE RUN S. 00'31'31"E., FOR A DISTANCE OF 113.85 FEET; THENCE RUN S.85'`38'`38"E., FOR A DISTANCE OF 545.52 FEET; THENCE RUN S.88'25'29~E., FOR A DISTANCE OF' `346.14 FEET, TO THE POINT OF B~GINNIN(~ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 88'25'29"E., FOR A DISTANCE OF 81.06 FEET; THENCE RUN S.48'59'42'E., FOR A DISTANCE OF 25.38 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST ONE-QUARTER OF- THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-OUARTER OF SAID SECTION 30; THENCE RUN S.00'51'40"E., ALONG SAID EAST LINE, FOR A DISTANCE OF 177.54 FEET; THENCE RUN N.BB'25'16"W., FOR A DISTANCE OF 100.07 FEET; THENCE RUN N.OO'31'40"W., FOR A DISTANCE OF' 193.66 FEET, TO THE POINT OF BEGINNING; CONTAINING 0.441 ACRE, MORE OR LESS. ~o^~ EXHIBIT "A" ~ }r~ _C~ MAY 1 3 2003 EXECUTIVE SUMMARY TO APPROVE THE RECOMMENDED AMENDMENTS TO THE COLLIER COUNTY COMMUNITY AUTOMATED EXTERNAL DEFIBRILLATOR ORDINANCE 98-36 OBJECTIVE: That the Board of County Commissioners approve the recommended amendments to the Community Automated External Defibrillator Oridniance 98-36. CONSIDERATIONS: The Collier County EMS Department training staff recommends the Community Automated External Defibrillator Ordinace be revised to reflect the most current training requirements and length of certification period. 1) Currently the ordinance requires that all participants recertify their CPR/AED certifications every year. We recommend recertification every two-(2) years. This lessens the time burden and provides a cost savings to the community members without compromising delivery. 2) We recommend the removal of any reference to specific associations and course time requirements as there are several associations which offer similar courses in CPR/AED. The recommended revision gives the community member more choices in selecting a CPR/AED course. 3) Currently the ordinance requires the EMS Department issue a certificate of completion to each individual that completes a CPR/AED course. The training staff recommends the utilization of the certifications cards provided to the students by the association delivering the CPR/AED course as proof of completion. This eliminates duplication of certification cards by the EMS Department. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioner approve the recommended amendments to the Collier County Community Automated External Defibrillator Ordinance 98-36. / PlAY ! a 2003 ~rge~guile(a, EMS Training Commander REVIEWED BY: ~.~4,(' 4' Date: Jeff I~MS' Dl~.~ctor APPROVED BY: j~~e~Dl"~'x~~-~ Date: unnuck, Public Services Adminstrator Agenda_ .... ORDINANCE NO. 2003- ~ AN ORDINANCE AMENDING THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES SECTION 50-104 BY REVISING SECTION 50-104 (3),(4) and (6); PROVIDING FOR THE AUTHORITY FOR 911 EMERGENCY OPERATORS TO INSTRUCT INDIVIDUALS ON THE USE AND OPERATION OF AUTOMATIC EXTERNAL DEFIBRILLATOR; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AN ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of Collier County, Florida, has adopted Ordinance No. 98-36, Establishing the Community Automatic External Defibrillator, (hereinafter referred to as "AED") Program; and WHEREAS, Ordinance No. 98-36 has been codified in section 50-104(6) of the Collier County Code of Laws and Ordinances; and WHEREAS, the Board of County Commissioners recognizes that in some instances individuals who have not gone through the training required under Section Six of Section 50-104 of the Collier County Code of Laws and Ordinances for AED's may be the individual in the best position to quickly and efficiently administer defibrillation therapy; and WHEREAS, the 911 Emergency Operators are trained in the instruction and use of AEDs. NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE GOVERNING BODY, THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA that: SECTION ONE: Section 50-104 of the Collier County Code of Laws and Ordinances, entitled "Requirements and Procedures" is hereby amended by adding a new subparagraph to authorize the 911 operators to instruct individuals who have not participated in the AED training program to use an AED, as follows: SECTION 50-104: Requirements and Procedures The following shall be the requirements and procedures for use, training, data collection and data recovery of the AED program; 1) No AED shall be used in the incorporated area of Collier County without first complying with the requirements and procedures set forth in this section, except as hereinafter provided in subsection j. It shall ~ the responsibility of the owner of the AED to ensure that only trained individuals operate, or have access to, the AED. 2) The purchase of AED's will be done only after a written request is made to Words underlined added and words stq:uoh-thr-ough are deleted. the Collier County Emergency Medical Services Department by the individual, organization or company requesting the purchase of an AED. The written request must contain in the name, location, number of units, number of people to service and type and manufacturer of the AED. 3) Upon receipt of the written request to purchase, the EMS Department will coordinate a training class for the requesting party, and all intended users of the AED, on the proper operation of AEDs. Training will consist of one :~ree ~x:r a required...class which will include: I. History of Sudden Death II. Signs and Symptoms of Cardiac Arrest III. American Hea~ Aszzclat:.zn ozz per:eh Adult. Cardio-Pulmonary Resuscitation IV. Proper Use, Maintenance and Periodic Inspection of the AED 4) Upon proof of successful completion of the above required training, tko Count)' E,"AS Dzpa~ment ':.'il! :_~:ue a Cer',!ficate of Cc, m~Izt~-'n,., ti:the Collier County EMS Medical Director will then issue a prescription for the purchase of an AED which has been approved, and authorized for purchase, by the Food and Drug Administration. 5) Users of the AED will follow the policies and procedures developed and authorized by the Collier County Emergency Medical Services Department Medical Director. These policies and procedures will be provided to the individual, organization or company requesting the purchase of an AED upon the successful completion of the training required by this section. 6) Re-certification of users and inspection of the AED will be done on aa ann'.'-~ bi-annual basis by the Collier County Emergency Medical Services Department. Re 7) The Collier County Emergency Medical Services Department will conduct quality assurance testing after use of the AED. The quality assurance testing will be on the proper use, placement and maintenance of the AED. An additional use of such testing will be to gather statistical information on the benefits AED availability provides to the community. 8) Any person who uses an AED is required to contact the EMS Department as 9) Upon notification of the use of an AED, the EMS Department will be NO. I AY 1 3 Words underlined_ added and words str,:ck thrc~:g~ are deleted. 2 responsible for the collection and recovery of data generated by the AED. The owner of the AED will not unreasonably withhold consent to the retrieval of such data or to any quality assurance testing· The manner in which data is recovered will be dictated by the capability of the particular AED unit, since the method of data collection ddfers depending upon the typ~ of AED. Ali data, once recovered by the EMS Deparunent, will be stored at a centralized databa~ to be located and operated by the Collier County EMS Department. 10) In the event an individual not trained in the use of an AED is the only person available to operate the AED, and Emergency Medical Services has been activated, an AED- Emergency Medical Dispatch certified 911 Operator shall be authorized to instruct that individual on the proper operation and use of the AED. All other provisions of this section which are not inconsistent with sub-section (10) remain in full force and effect. SECTION TWO: CONFLICT AND SEVERABIL1TY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION INTO TI-[E COLLIER COUNTY CODE OF LAWS AND ORDINANCE The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article" or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. pASSED ~qD DULY ADOPTED by the Board of County Commissioners of Collier, Florida this day of .., 2003. HAY 3 pg.., ' ..,,.~ Words underlined added and words ct:"-'-c~ t~rc::gh are deleted. 3 BOARD OF COUNTY COMMISSIONERS ATIEST: OF COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: By: TOM HENNING, Chairman Deputy Clerk Approved as to form and le ,~fficiency: ~J~que~ine Hubb~d Robinson [~sist~t County Attorney H: .lackie/Ordinance/Amendment to 99-13 l Agenda M'-2 MAY ]. 3 2oo3 Words underlined added and words ~ are deleted. 4