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Agenda 05/27/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA May 27, 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 RECEIVE UP 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 TAMIAM! 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 27, 2003 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Mitchell Cotrone, Hope Wesleyan 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 15, 2003- Special C. April 29, 2003-Workshop D. May 6, 2003 -Workshop E. May 8, 2003 - Town Hall Meeting F. May 8, 2003- Joint Workshop SERVICE AWARDS PROCLAMATIONS A. Proclamation to show the appreciation for the donation of the Master Gardeners for their time and talent. To be accepted by Charles Ray. Proclamation to show great appreciation to Sharon Downey, RSVP Director and the RSVP Volunteers for all their hard work and receiving the Acts of Caring Award. To be accepted by Sharon Downey and some of her volunteers. Co Proclamation to designate the week of June 2-7, 2003 as Code Enforcement Officers Appreciation Week. To be accepted by Michelle Arnold, Director of Code Enforcement and her team. Proclamation to designate the week of June I through June 7 as Collier County Homeowner Expansion Week. To be accepted by David Ellis, Executive Vice President of Collier Building Industry Association. Proclamation to proclaim June 1 through June 8, 2003 as National Fishing and Boating Week. To be accepted by a Representative of the Recreational Boating Industry. 2 May 27, 2003 PRESENTATIONS A. Presentation of Collier County's History by Ms. Smith's 4th Grade Class from Lake Park Elementary School. B. Recommendation to recognize Edward D. Chesser, Equipment Operator, Parks and Recreation Department, as Employee of the Month for May 2003. C. Emergency Management update to the Board of County Commissioners regarding the 2003 Hurricane Season. PUBLIC PETITIONS A. Public Petition request by Mr. Nicholas Giannone to discuss sign ordinance "Spinning the Barber Pole". B. Public Petition request by Mr. William Reid to discuss beach sand migrating onto Surfsedge property. BOARD OF ZONING APPEALS ADVERTISED PUBLIC HEARINGS A. An Ordinance of Collier County, Florida, to protect against hazards from substandard construction in public right-of-way; providing purpose and definitions; adoption of construction standards handbook; requiring permits; requiring removal of offending material from right-of-way; repealing Ordinance No. 82-91, as amended by Ordinance 89-26, as amended by Ordinance 93-64; providing rule of construction of this Ordinance, providing for conflict and severability, providing for penalties; providing an effective date. Adopt an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, 200t-13, as amended, incorporating changes to the affordable housing provisions. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Library Advisory Board. B. Appointment of members to the Forest Lakes Roadway and Drainage Advisory Committee. 3 May 27, 2003 C. Appointment of member to the Contractors' Licensing Board. D. A Resolution to establish the Fire and Emergency Medical Services Advisory Committee. E. Appointment of members to the Community Character/Smart Growth Advisory Committee. F. LDC language to reflect fire stations as permitted use in agricultural zoning. (Commissioner Henning) Recommendation that the Board of County Commissioners indicate intent to renegotiate and approve a County Attorney Employment Agreement with County Attorney David C. Weigel. 10. COUNTY MANAGER'S REPORT Board direction relative to a request from Kensington Property Owners to be removed from the Livingston Road Phase II Beautification MSTU. (Mike Smykowski, Director, Office of Management and Budget) Request that the Board approve a resolution providing for the establishment of an advisory committee to provide input and assist staff with the restudy of the Immokalee Area Master Plan. (Joseph K. Schmitt, Administrator, Community Development) Approve the Settlement Offer to compromise lien imposed in Code Enforcement Case entitled Collier County v. Richard L. Knibes, CEB Case No. 99-073. (Joseph K. Schmitt, Administrator, Community Development) Approve a budget amendment for $51,030 and a Tourism Agreement Amendment with the City of Naples for a TDC Category "A" Grant for Gordon Pass Jetty Sand Tightening, Project 90278, in the amount of $131,113. (Joseph K. Schmitt, Administrator, Community Development) Companion to Item 10 F: Adopt a Resolution implementing the 2003 Boat Launch and Beach Access Master Plan and direct staff regarding potential funding sources. (John Dunnuck, Administrator, Public Services) 4 May 27, 2003 Companion to Item 10 E: Adopt a policy establishing a rational funding Nexus between public beach use and renourishment for Tourist Development funds. (John Dunnuck, Administrator, Public Services) 11. 12. PUBLIC COMMENTS ON GENERAL TOPICS COUNTY ATTORNEY'S REPORT This item to be heard at 12:00 noon. Closed Attorney-Client Session pursuant to Section 286.011 (8), Fla. Stat., to discuss settlement negotiations and strategy related to litigation expenses of the pending litigation case of Aquaport v. Collier County, Appeal Case No. 03-11291-B, now pending in the United States Circuit Court of Appeals for the Eleventh Circuit, and Aquaport v. Collier County (The Bert Harris Act Claim), Case No. 03-1609-CA, now pending in the Circuit Court for the Twentieth Judicial Circuit. For the Board to provide direction to outside counsel, Ted Tripp, Esquire, and the Office of the County Attorney as to settlement negotiations and litigation expenses in the pending litigation case of Aquaport v. Collier County, Appeal Case No. 03-11291-B, now pending in the United States Circuit Court of Appeals for the Eleventh Circuit, and Aquaport v. Collier County (The Bert Harris Act Claim), Case No. 03-1609-CA, now pending in the Circuit Court for the Twentieth Judicial Circuit. 13. OTHER CONSTITUTIONAL OFFICERS A. To present to the Board of County Commissioners the Comprehensive Annual Financial Report (CAFR) for the Fiscal Year ended September 30, 2002. 14. 15. Bo To present the Certificate of Achievement for Excellence in Financial Reporting to the Board of County Commissioners for the Fiscal Year ended September 30, 2001. AIRPORT AUTHORITY STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. 5 May 27, 2003 COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approve a Change Order to Work Order No. WMI-FT-01-08 amendment under Contract No. 99-2981, "Agreement for Fixed Term Land Surveying and Photogrammetric Services", with Wilson Miller, Inc., for converting AutoCAD data directly to GIS, in the amount of $25,000. 2) Request that the Board of County Commissioners execute a Satisfaction of Mortgage in recognition of completion of excavation work. 3) Approval of the Satisfaction of Lien for Code Enforcement Board Case No's: 2002-026; 2002-023; 2001-080; 2002-020 and 2002-036. 4) Approve a budget amendment recognizing the Fiscal Year 2004 State Housing Initiatives Partnership (SHIP) Program allocation and budget. 5) Approval of the Satisfaction of Lien for Case No. 2003-02 styled Board of County Commissioners Collier County, Florida vs. All Brothers Painting, Inc., a Florida Corporation violation of Ordinances No. 99-51, as successor to Ordinance No. 9t-47, as amended of the Collier County Land Development Code. 6) Approval by the Board of County Commissioners of the agreement between Collier County and the Collier County Hunger and Homeless Coalition designating Collier County as the lead agency for the Annual Department of Housing and Urban Development (HUD) Continuum of Care Grant Application, authorizing consolidated application submission to the United States Department of Housing and Urban Development, authorizing the Chairman of the BCC to sign agreement on behalf of the County, and providing for an effective date. 7) Authorize Assistant County Attorney to bid on behalf of County at Foreclosure (Code Enforcement Lien) Sale scheduled by the Clerk in Board of County Commissioners v. Lorraine Burgess, Case No. 02-0848- CA, for June 3, 2003. 8) Approval of one (1) impact fee reimbursement of $103,946.65 due to overpayment. 9) Approve a budget amendment returning excess funds to the reserves and approve a Tourism Agreement with the City of Naples for sand web system monitoring, in the amount of $197,965.25. 10) Board consideration for approval of previously disapproved tourism related invoices in the amount of $1,631.99, submitted by Prutos Public Relations, Inc., as recommended for approval by the Tourist Development Council; Staff and Clerk recommend approval in the amount of $1,223.88. 11) Recommendation that the Board of County Commissioners approve the final Interlocal Agreement with the Collier County School Board for coordinating land use and school planning as required by Chapter 2002- 296 Laws of Florida. 6 May 27, 2003 12) Recommendation that the Board of County Commissioners approve a Third Amendment to the Interiocal Government Agreement with the City of Naples for the development of Hamilton Harbor Marina Project. 13) Board of County Commissioners as the Community Redevelopment. Aaency? Approve Selection Committee ranking of firms for contracL negotiations for RFP 03-3473 for creation of a land development overlay plan for the BayshorelGateway Triangle CRA District. 14) Board of County Commissioners as the Community Redevelopment Aaency. Recommendation that the Community Redevelopment Agenc~ (CRA) approve the utility and road project proposed by Freeman and Freeman, Inc., in response to the allocation of $200,000 from Fund 186 towards utility and road projects in the Immokalee Redevelopment District. TRANSPORTATION SERVICES Approve Contract Amendment No. 97-2715-A06 with Agnoli, Barber and Brundage, Inc., for the Lely Area Stormwater Improvement Project (Project No. 51101) in the amount of $70,000. 2) Approve selection committee's recommended short list of consultants for RFP #03-3509, "Consulting and Design Services for Capacity Improvements to Goodlette-Frank Road from Golden Gate Parkway to Pine Ridge Road", County Project No. 60005. 3) Recommendation to award Bid #03-3494-Annual Contract for Reworking of Shoulders, Slopes and Roadside Ditches, for the approximate annual amount of $50,000. 4) A resolution authorizing a speed limit increase from twenty-five miles per hour (25 MPH) to thirty-five miles per hour (35 MPH) on Coronado Parkway at a cost of approximately $200. 5) Reject bids received on Bid #03-3515 for purchase and delivery of replacement bus seats. 6) Approve two separate Memorandum of Understanding documents with the South Florida Water Management District. 7) Approve the $90,000 purchase of Lot 44, Palm River Estates Unit 7, Block "A" (Project Number 51HT) providing for access to the County owned and operated Palm River Water Control Structure. 8) Approve the fee simple purchase of Lely Area Stormwater Improvement Project (LASIP) Parcels 1-102 and 1-104 for construction of a stormwater retention pond. (Fiscal impact $22,450, Fund 325, Project 51101) 7 May 27, 2003 9) Authorization to submit a Service Development Grant to the Florida Department of Transportation for a Marco Island Collier Area Transit Route. 10) A resolution authorizing implementation of twenty miles per hour (20 MPH) school zones as previously installed at twenty-nine (29) existing locations throughout Collier County at no additional costs to the County. PUBLIC UTILITIES 1) Approve a Budget Amendment to create a new Public Utilities project to prepare a 10-year water supply facilities work plan in the amount of $54,652.60. 2) Approval of Letter of Intent addressed to the U.S. Army Corps of Engineers in an effort to participate in an Ecosystem Restoration Project at Vanderbilt Lagoon, Naples. 3) Approval of a contract amendment with the South Florida Water Management District to continue participating in surface water quality monitoring of Big Cypress Basin for a reimbursed amount of $100,000. 4) Approval of one (1) impact fee refund request for Boys and Girls Club totaling $44,210. 5) Approve a budget amendment in the amount of $475,000 to fund unanticipated expenses in the North County Regional Water Treatment Plant Cost Center by transferring funds from the South County Regional Water Treatment Plant Cost Center Operating Budget. 6) Approve amendment to Work Order JEI-FT-02-01 for engineering inspection services related to the Port-Au-Prince Utility Replacement Project 73060 and 70074, in the amount of $20,237.50. 7) Approve the standardization and the purchase of an Aquatech Mobile Catch Basin and High Velocity Combination Sewer Cleaner in the amount of $173,652. 8) Board approval of a budget amendment recognizing positive carry forward variance in the Water Pollution Control Fund (114) in the amount of $444,400. PUBLIC SERVICES 1) Approve a Memorandum of Agreement with the District School Board of Collier County for use of school cafeterias in conjunction with the Summer Food Service Program. 8 May 27, 2003 2) Approve a Limited Use License Agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., a.pproving use of specified County-owned property for conducting a July 4'" Fireworks Festival. ADMINISTRATIVE SERVICES 1) Report and ratify staff-approved change orders to Board-approved contracts. 2) Approval of a lease agreement with the Economic Development Council of Collier County for use of County-owned office space in Immokalee for an annual revenue of $1,000. 3) Award RFP 03-3444, Janitorial Services Contract in the estimated annual amount of $1,251,800 and approve a budget amendment in the amount of $222,800 to the operating budget to cover increase costs associated with the new contract. 4) Approve contract amendment involving Contract #00-3131, "Professional Landscape Architectural Services". (CPI hourly rate increases) 5) Approve contract amendment involving Contract #02-3324, "Fixed Term Surveying and Photogrametic Services". (CPI hourly rate increases) 6) Recommendation to award Bid No. 03-3503, File Retrieval and Retention Services, to Robert Flynn Moving and Storage (estimated value $33,000). 7) Request approval of a First Amendment to a Lease Agreement with Abbas Ahrabi Asli for building utilized by the Property Appraiser's Office. COUNTY MANAGER 1) Approval of an agreement between the State of Florida, Department of Community Affairs and Collier County in the amount of $24,000 to fund equipment and training materials for the Community Emergency Response (CERT) Program and approve a budget amendment to recognize and appropriate the revenue. 2) Approve Emergency Management Department Application for a $20,000 matching grant (75125) offered by the Florida Oepartment of Community Affairs. The purpose of the grant is to revise and update the local mitigation strategy to comply with the Disaster Mitigation Act of 2000. 3) Approve an agreement between the State of Florida, Department of Community Affairs and Collier County in the amount of $17,802 to fund the Citizens Corps Program and approve a budget amendment to recognize and appropriate the revenue. 9 May 27,2003 4) Approve a budget amendment in the amount of $5,400 to install new fire hydrants in the Isles of Capri Fire District. 5) Approval of Budget Amendment Report-Budget Amendment #03-305 for 2% charged back from the Collier County Tax Collector for Ad Valorem collections in the amount of $300, and for secretarial services for minute taking at MSTU committee meetings in the amount of $2,500. Budget Amendment #03-309 in the amount of $3,309 for the replacement of Multilayer SW Image Power Cord for the operation of computers at remote sites. 6) Recommendation that the Board of County Commissioners award Bid #03-3508 in the amount of $30,000 for horticulture debris hauling and disposal to Wherry Truck Lines, Inc. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. 2) Recommendation to approve a resolution between the Board of County Commissioners and Sprint Telephone Company of Florida for the Sheriff's 911 System. COUNTY ATTORNEY 1) Recommendation that the Board approve an agreement for Collier County partial funding of the Collier County Legal Aid Society, Inc. 2) Approve the stipulated final judgment relative to the fee !'aking of Parcel No. 203 in the Lawsuit styled Collier County v. Jeffrey A. Richardson, et al, Case No. 02-2188-CA (Immokalee Road Project #60018). 3) Recommendation that the Board of County Commissioners waive the purchasing policy, to the extent that it is necessary, and approve/ratify the County Attorney's retention of Trauner Consulting Services to assist in potential claims in connection with the North County Water Reclamation Facility 5-MGD Expansion Project. 10 May 27, 2003 17. 4) Board approval to utilize up to $45,000 of the settlement funds received from the Arden Courts and Manor Care at Lely Palms Assisted Living Facilities to pay County Attorney's fees and other costs incurred in the collection and litigation of unpaid impact fees; these funds to be used to reimburse the County for the pro rata share of costs associated with collecting educational facilities impact fees only; approval of appropriate budget amendment(s). 5) Authorize the County Attorney's Office to reject a Business Damage Claim and make counter-offer of $45,000 to settle a claim by Tree Source Inc., associated with the acquisition of Parcel 132 in Collier County v. Tree. source, Inc., et al, Case No. 02.5167-CA (Immokalee Road Project #60018). 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. A. A resolution by the Board of County Commissioners of Collier County, Florida, approving the Collier County Second Amended Consolidated Plan One-Year Action Plan for Fiscal Year 2001-2002 for Community Development Block Grants (CDBG) funding, authorizing necessary certifications, approving execution of CDBG sub-recipient agreements by Community Development and Environmental Services (CDES) Division Administrator, authorizing submission to the United States Department of Housing and Urban Development (HUD), and providing for an effective date. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3569, Robert Duane, Hole Montes Inc., representing North Naples Golf Range, Inc., requesting a rezone from the "PUD" Zoning District (Gadaleta PUD) to a new Planned Unit Development (PUD) District to be known as the North Naples Research and Technology PUD. This project will accommodate research and technology uses and Iow environmental impact manufacturing according to the research and technology park district of the future land use element. A minimum of four (4) residential work force housing units are also proposed to be pro? ided. The property to be considered for this rezone is located on the west side of Old U.S. 4t immediately south of the Lee County Line, in Section 10, Township 48 South, Range 25 East, Collier County, Florida. This property consists of 19.3+ acres. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-2002-AR-3245, Richard D. Yovanovich of Goodlette, Coleman and Johnson, P.A., representing the Bay 11 May 27, 2003 Forest Homeowner's Association, requesting an amendment to "The Bay Forest" Planned Unit Development (PUD), to permit a real estate sales office as a permanent use and limited to the resale of residential units within the Bay Forest PUD for property located on the west side of Vanderbilt Drive (CR-901) and south of Audubon Boulevard in Section 8, Township 48 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. CU-2002-AR-3142, Stephen Sposato, AICP, of Agnoli, Barber and Brundage Inc., representing Collier County Board of County Commissioners, requesting a Conditional Use for a Regional Park in the "A" Rural Agricultural Zoning District per Section 2.6.9.2. for property located off the future Livingston Parkway, between Immokalee Road and Vanderbilt Beach Road, in Section 30, Township 48 south, Range 26 east, Collier County, Florida, consisting of 212.77+ acres. Recommendation that the Board of County Commissioners approve an Interlocal Agreement between the Board of County Commissioners of Collier County, Florida and the Collier County School Board to establish educational plant and ancillary plant site development review processes and substantive criteria including the consideration of future amendments to the County's Growth Management Plan and implementing land development regulations. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 12 May27,2003 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING May 27, 2003 Correction to Item 8B: Page 2, first paragraph (3rd and 4th lines) the sentence should read: "The new provisions include an application process for projects eligible for the waiver of the upfront payment and provides for the issuance of a Certificate of Adequate Public Facility," (Staff request.) Add Item 10(G): Recommendation that the Board of County Commissioners, 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. (Staff request.) Withdraw Item 16(C)8: Board approval of a budget amendment recognizing positive carry forward variance in the Water Pollution Control Fund (114) in the amount of $444,400. (Staff request.) Move Item 17B to 7A: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3569, Robert Duane, of Hole Montes Inc., representing North Naples Golf Range, Inc., requesting a rezone from the "PUD" Zoning District (Gadaleta PUD) to a new Planned Unit Development (PUD) District to be known as the North Naples Research and Technology PUD. This project will accommodate research and technology uses and Iow environmental impact manufacturing according to the research and technology park district of the future land use element. A minimum of four (4) residential work force housing units are also proposed to be provided. The property to be considered for this rezone is located on the west side of Old U.S. 41 immediately south of the Lee County Line, in Section 10, Township 48 South, Range 25 East, Collier County, Florida. This property consists of 19.3+ acres. (Staff request.) TIME CERTAIN ITEMS: Item 12A to be heard at 12:00 Noon. Closed Attorney-Client Session pursuant to Section 286.011 (8), Fla. Stat., to discuss settlement negotiations and strategy related to litigation expenses of the pending litigation case of Aquaport v. Collier County, Appeal Case No. 03-11291-B, now pending in the United States Circuit Court of Appeals for the Eleventh Circuit, and Aquaport v. Collier County (The Bert Harris Act Claim), Case No. 03-1609-CA, now pending in the Circuit Court for the Twentieth Judicial Circuit. PROCI. AhIATION WNEREA$, an impo~t~t service of the Collier County and Uni~rdty of a Florida frieMIy way to reduce war--in9 and storm water runoff; and, ~E~EAS, the$e volun~eer$ who have become ~asfer ~ardener$, hove 9/yen fheir rime ~o ~ceive ~a/ning, a~ conHnue fo donate fhe/r rime, which in ~ fofa/ed ~,0~~ or an additional ~o and one- half mo~ co~ emP~ ~M~EA& ~h/$ donafi~ of dine and falent has been of ~mendous benefit to enh~ce a~ maintain ~o//~r~ I;3.billion dMiar tax ba$e a~ib~able ~o urban land$capmg; and, W~EgEA& the ~oard of ~o~ ~ommi~ioner~ of Collier C~n~, Florida, expre$$~ /~$ deepe$~ app~ciafion NO~ ~MEg~?OgE, be i~ proc/aimed by the ~rd of ~o~ Commissioners of ~oll/er ~oun~, ~/orido fh~ the ~oa~ ap~ciates fhe don~ion of ~aster 6~dener~ dine and ~ale~. DONE ~ND ORDERED T~ BOARD OF COU~ CO~ZSS~ONERS  FLORZDA TO~ HENNIN~. A TTE$ T: DW£GI41' E. BROCK, CLERK ~ROCLA~A TION H/HEREA$, H/HERE, S, H/HEREA$. 14/HE~EA$, ~HEREA$, The National Association of Counties (NA¢o). is an o~janization that advocates and supports the operations of local governments; and, the National Association of Counties, seeks to annually recognize p~ocjrams that are exemplary in nature and I~'omate voluntee~ effo~l's through the "Acts of C~ing Awa~l": and, Collier County ~wemment. supports the Retired Senio~ Volunteer prog~m (I:LSVP}. which p~ovides opportunities for seniors and ~etirees in the community to make a difference through volunteering: and, the Retired ~enior Volunteer Program has wo~ked with Highlands Elementary School the last three yea~s, to link volunteers with chilclren who were learning to read and speak English as a second language: and, the Retired Senior Volunteer Program was recently recognized by the National Association of Counties as a "ZO03 Acts of Caring," award recipient for their mm~t'? ~ JElementory: and. the Retired ~enio~ Voluntee~ I~x~'am Director, -~haron Downey, recently l~aveled to Washington. DC to accept this award a~ behalf of Collier County ~ove~nment; and, &EORG~ W. BUSH, president of the United States of America, proclaimed April 27 through May 3, Z003, as National Volunteer Week and ccdled on all Americans 'to ~loin togefhe~ to celebrate the invaluable wor~lfmt volunteers pe~orm every day emboss our country, and to commit themselves to do more for their neighbom in need through the many .volunteer procj~ams available in their communities. 6/016/ THEREFORE, ~be it proclaimed by the Boa~d of Coun~ Commissioners of CoUie~ County, Florida, that on behalf of the citizens of Collier County, gt~c~t oPl~eciation and pride ~s-.beSt~w~d:upan the volunteers associated with ~the Retired 'Lsenio~. Voluhtee~ pnxjram for their receipt of this prestigious =Wm~i.-'- DONE AND ORDERED THIS 27th Day ~f ~Y, BOARD QF dQUN~/ CO~MHI$SIQNER$ TO~ HENNIN~. CH~IR~ PROCLAMAT"ZON WHEREAS, WHEREAS, Cocle Enforcement Office~s I~ovide fc~ the safety, health and welfare of the citizens in this community tlu, ough enforcement of building, zoning, housing, animal control, fire safety, enviro~montal and other codes and o~clinances: and, Code Enforcement Office~s deserve recognition for the ~obs that they do in protecting lives m~l iml~'oving neighborhoods, as eme~jency po~smmel such as police, fire and emer~jency medical services; and, WHEREAS, evem/day, assisted by support and program staff, they at~empt to provide quality customer service to the public for the bel~e~ment of the community: and, WHEREAS, WHEREAS. WHEREAS, too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and, Code Enfo~cemel~t'Oflft6~i,~'~ated' well tr.ai~.,d ~ highly res~nsible i~ds ~ ~r.~s seriously and a~e proud of their de~t.a~ ~ ~C~'~em within which they se~e; ~, t~.FJorJdo Associotion of C~e E~orceme~-*A~-E) has d~la~ the fi~t mk~ .~ *~ set ~ide-by ]~ government to ~ and ~nize ~eie C~e ~fo~ceme~ ~ice~s. NOW THER~E, be it p~daimed by ~ ~d ~ Coun~ .Com~ionees of *~ Coll~ Count. FIoHde, ~t the week of ~u~ ~ ~F 7, 2~3 be ~ated es 'C~ ~ORCEM~T O~C~" APPRE~~ WE~K in Ce~n~ in~e~o~ance ~i~ .t~e ~a~ide obse~ance of the 's~, ~'~u~:Citi~;~f :~lli~'r ~ to ~oin t~s CommisSi~ t~ :~~ ~" fo~ ~ dedication an DONE AND ORDERED THT5 27th day of May ZOO3. BOARD OF COUNTY COMMZSSZONERS , FL~RZDA TOM HENN'rNG, CH~MAN AT'T~ST: DW]:GHTE. BROCK, CLERK HAY 2 7 2IXI3 PROCLAN~A~'J:ON WHEREAS, WHEREAS, WHEREAS. WHEREAS, WHEREAS, The Board of County Commissionem of Collier County suppoets hameowne~ship oppo~unities foe all citizens of Collier County; The Booed of Cmmty Commissianer~ of ~ollier County supports housing assistance to very iow and Iow income families; and. The Board of County Commissioncrs of Collier County works cooperatively with other public and private sector o~janizatians to create an adequate supply of decent, safe, sanitm~/, and affoedable housing for all citizens of Collier County; and, The Board of County Commissioners of Collier County ~ecognizes that the United States is one of the first countries in the world to make homeownership a. ,,~e. al!ty for a ma~oHty of its people. government, "91~'~doOr~ ~of h~teo~P hove peen openea to millions of families ovee ~"last 'six dececles:, and, The Cailler County Affordable Housing Commission will host its 5sh Annual County-wide Housing Fair on SatUrday, June 7th 2003. fl~m :I.I_:OOAM to 2:00PM at the ~olden ~ate_~munity Center. NOW, THEREFOP-E, be it p~oclaimed by the Boar~-~f County Commissioners of ~'_~lJie4' County, Florida that. the week ef 3uno :t~ through 3uno :7*~ be recognized as COL/~ER COUNTY HOMEOWN~P EXPANS:[0N WEEK and u~jeall residents to make the most of all of the harelip opportunities availeble'to'theml DONE AND ORDERED T~ 2'/~ ~:~'~1~'~'~ 200 . BOARD OF COUNTY ¢OMM3:5$1ONER$ COLL]:ER COUNTY, FLOI~bA TOM HENN]:N~. CHAZRMAN ATTEST: DW~:6HT E. BROCK, CLERK HAY 2 7 2.003 PROCLA~A TxO~N ~VNEREA$, the ~ulf of ~fexico and man~ natural and mamnade water ~ ~a~i ~fi~ i~ is ~fal fo the ~ollier liv~ o{ c~n~ ~, fd~flts and visitors, find; ~c~a~al b~ti~ and fi~hi~ a~ lifetime activities that st~wa~ship amo~ ~opl~ of afl a~s and back~ounds. NOW TH~EFORE, ~ it ~cloi~ed by t~ ~o~ of Cmn~ Commissioners we e~o~ ~ ~ople of .-~E~ C~n~ ~ ~[c/~t~ in boating and o/~ lives eve~ day. DONE AND ORDERED TtYI$ 2Tth Day of 44ay, ~003. BOARD O? COUNTY CO&M/L~$$~ONER$ COLLIER COUNTY, '?LORZDA A TTE$ T: DWIGHT E. BROCK, CLERK AGENDA I~EM MAY 2 7 2005 EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE EDWARD D. CHESSER, EQUIPMENT OPERATOR, PARKS AND RECREATION DEPARTMENT AS EMPLOYEE OF THE MONTH FOR MAY 2003. OBJECTIVE: The "Employee of the Mop,th" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County. CONSIDERATIONS; The act of beach raking has been an environmental issue that has come before the BCC. The rakes that Collier County uses to rake our beaches removes sand, beach biota, shells, and disturbs the natural physical characteristics of our beach ecosystem. It has been decided by county staff and supported by the BCC that the beaches will be raked less frequently due to the environmental impacts of the Barber Surf rake and the Beach Tech. Eddie Chesser uniquely solved the problem of the beach rake by innovating a less harmful rake that he retrofitted to the county's tractor. Eddie should also be employee of the month due to a service beyond the call of duty. The Environmental Services Departmen{ recently had a whale stranding on Park Shore beach. The stranding occurred late in the day and Eddie wasn't called in for his services until late in the evening. Eddie had to pick up the tractor at the county barn, drive the tractor to the beach and assist our environmental staff as well as the Florida Fish and Wildlife staff with the stranding. His assistance was vital to this operation and was not completed until 2:00 AM on 2/20/03. FISCAL IMPACT: "Employee of the Month" selectees receive a $150.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION,,: That Edward D. Chesser, be recognized as the "Employee of the Month" for May 2003. eDawn Ragone, AdCninistrativ Assistant ~ / APPROVED BY: APPROVED BY: Human Resources Department Human Resources Department //~mp, Interim AdrCinistrator Administrative Services Division DATE: DATE:.~ EXECUTIVE SUMMARY EMERGENCY MANAGEMENT UPDATE TO THE BOARD REGARDING THE 2003 HURRICANE SEASON OBJECTIVE: To update the Board of County Commissioners on the 2003 Hurricane Season including current forecasts, County preparedness measures and public awareness efforts. CONSIDERATIONS: June 1st is the start of Hurricane Season. The latest forecast from the National Hurricane Center expects 2003 to be an active year with 11 - 15 tropical storms, 6-9 developing into hurricanes and 2-4 becoming category 3 or higher hurricanes. Emergency Management will review for the Board its public awareness and information efforts, the status of County Government readiness for such an event, and answer Commissioner's questions. FISCAL IMPACT_: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: a-ssociated with this Executive Summary. There is no Growth Management Impact RECOMMENDATION-.' There is no Board action associated with this Executive Summary. SUBMITTED BY: ~c~dron, Em~g~Y Management APPROVEDB , · ' ~ EM ~mergency M~a~ment Director ' AGENDA ITEM MAY 2 ? 2003 COLLIER COUNTY MANAGER'S OFFICE May 8, 2003 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 7'/4-8383 FAX (941) 774-4010 Nicholas Giannone Moorings Barber Shop 3082 Tamiami Trail North Naples, FL 34103 Re: Public Petition Request to Discuss Sign Ordinance "Spinning the Barber Pole" Dear Mr. Giannone: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of May 27, 2003, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. County Manager JVM/jb cc: David Weigel, County Attorney Joe Schmitt, C.D.&E.S. Administrator 12ti~5/2Fd01 18:59 5612183531 ALL~N~ 30, 2003 To the Cotmty Man~e~ Dear ~an Mudd would like to addre~ tb~ Coun~ Commi~°ns ~ t~ ~ 27, 2~3 b~ ~ oe ~ ~c ~ .... ,,S_~. ~ B~ Pole" ~c, bolu Oia~none Mootin~ aad~ Slx~ 30B2 T~ ':~ail North Naples, la.., 34103 phone: 239:261-4281 COLLIER COUNTY MANAGER'S OFFICE May 20,2003 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. William Reid, Jr. President, Surfsedge 4001 Gulf Shore Boulevard North Naples, FL 34103 Re: Public Petition Request to Discuss Beach Sand Migrating onto Surfsedge Property Dear Mr. Reid: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of May 27, 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, " ........ "2' '" ""' .~'James V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Jim DeLony, Public Utilities Administrator Ron Hovell, Coastal Projects Manager ..... ung~nal ~qessagu----- From: Nancy902@aol.com [mailto:Nancy902@aol.com] Sent: Friday, May 16, 2003 10:58 AM To: ]amesMudd@Colliergov.net Subject: (no subject) Dear Mr. Mudd, Please accept this e mail as my request to be heard before the County Commissioners on the matter of beach sand migrating from the beach on to our property at Surfsedge. Thankyou, William J. Reid 5/20/2003 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, TO PROTECT AGAINST HAZARDS FROM SUBSTANDARD CONSTRUCTION IN PUBLIC RIGHT-OF-WAY; PROVIDING PURPOSE AND DEFINITIONS; ADOPTION OF CONSTRUCTION STANDARDS HANDBOOK; REQUIRING PERMITS; REQUIRING REMOVAL OF OFFENDING MATERIAL FROM RIGHT-OF-WAY; REPEALING ORDINANCE NO. 82-91, AS AMENDED BY ORDINANCE 89-26, AS AMENDED BY ORDINANCE 93-64; PROVIDING RULE OF CONSTRUCTION OF THIS ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABIL1TY, PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE. OB]'ECTIVE: To request the Board adopt an ordinance to repeal and replace Ordinance 82-91, as amended by Ordinance 89-26, and Ordinance 93-64, which adopted and revised the construction within the Right-of-way Standards Handbook, and to obtain Board approval to adopt a revised Construction within the Right-of-way Standards Handbook ("Handbook"). CONSIDERATION..: In 1977, the County first enacted a set of standards for work within County right- of-way (ROW). The original Ordinance (77-29) was rescinded and superseded in 1982 by Ordinance 82- 91., and further revised by Ordinance 89-26 in 1989 and Ordinance 93-64 in 1993. The essence of these standards was to provide for consistency and quality of workmanship for all materials and construction activities within County right-of-way. A procedure for issuing permits for any such work was established along with standard requirements for site plans and inspections. This proposed Ordinance and the accompanying Handbook is intended to repeal and replace the 1993 Ordinance and Handbook, and thereby to provide for up-to-date methods and materials for work activities within County right-of-way. The following paragraphs enumerate the most significant changes, additions, and deletions to the 1993 Ordinance and Handbook: Revisions to Ordinance 93-64 1. The responsibility of right-of-way permit issuance and inspection (work in the ROW) has been transferred from Community Development and Environmental Services to Transportation Operations. 2. The responsibility of making any deviations to any rule has been changed from the County Engineer to the Transportation Operations Department Director. 3. Section Two: The removal of offending material has been changed from "offending material without Permit" to "offending material with or without permit." 4. Section Four: Item D has been added which x :quires Utility Companies to inform the residents in the vicinity of upcoming activities prior to obtaining their ROW Permits. 5. Section Nine: The penalty for violating this ordinance has been increased from $500 to $1,000. Revisions to the Handbook 1. Addition of Directional Bore as a method of underground installation. MAY 2 7 2003 Executive Summary Revised Right-of-Way Handbook Page 2 C~SCAL IMPACT: There will be 2. Upgrading the dates of all the guidelines and references to the latest editions. 3. Removal of Drainage chapter from Section IV (Landscape) and its incorporation into Section III (Design requirements) for consistency. 4. Section II, B.2., minimum depth of jack & bore has been increased from 24" to 36". 5. Section II, B.5., all open cuts on major collectors and arterials will be restored by means of flowable fill application as per detail provided in the Handbook. 6. Section II, G., inclusion of restricted lane closure hours to promote better traffic flow during peak traffic (rush) hours. 7. Section III, C., all Type II Asphalt has been replaced with Type "S" Asphalt. No pavement design less than 11/2'' of asphalt is acceptable for any type of construction. Commercial drives shall have a minimum of 2" of Type "S" Asphalt. Minimum thickness for concrete drives shall be 6". 8. Section III, D., minimum throat length remains 50' except in alleys where 30' throat length will be considered. 9. Section III, F., special considerations/requirements for Immokalee have been eliminated. 10. Section m, F., minimum acceptable culvert size is increased from 12" in diameter to 15" in diameter. no direct budgetary impact as a result of the adoption of the proposed Ordinance and Handbook; however, the County and the public in general will recognize long-term benefits of improved construction methods and materials. GROWTH MANAGEMENT IMPACT: The proposed Ordinance and Handbook will provide for more consistent and up-to-date construction methods and materials for work within the County right-of way. RECOMMENDATION: That the Board of County Commissioners adopt a new Ordinance and Right- of-way Construction Standards Handbook, which will rescind and supersede Ordinances 82-91, 89-26, and 93-64, along with the 1993 Right-of-way Construction Standards Handbook. SUBMITTED BY: Mitch Riley,.PE. ROW P&I ~l.a..?~ger~.T.~sportation Operatio Department DATE:'"/ ' z .... REvmw r, BY: Director APPROVED BY: Nor~n~/t/E] Feder, AICP, Transportation Se~'ices Administrator Attachments: / No. I - Ordinance 93-64 (indicating revisions) No. 2 - Prol~osed Ordinance (already approved for legal sufficiency) - AGENDA F[EM MAY ?. 7 2003 4 5 6 7 8 9 10 11 12 13 14 15 16 ORDINANCE NO. 2003- ~ AN ORDINANCE OF COLLIER COUNTY, FLORIDA, TO PROTECT AGAINST HAZARDS FROM SUBSTANDARD CONSTRUCTION IN PUBLIC RIGHTS-OF-WAY; PROVIDING PURPOSE AND DEFINITIONS; ADOPTION OF CONSTRUCTION STANDARDS HANDBOOK; REQUIRING PERMITS; REQUIRING REMOVAL OF OFFENDING MATERIAL FROM RIGHT-OF-WAY; REPEALING ORDINANCE NO. 82-91, AS AMENDED BY ORDINANCE 89-26; AS AMENDED BY ORDINANCE 93-64; PROVIDING RULE OF CONSTRUCTION OF THIS ORDINANCE; REPEALING ORDINANCES 89-26 AND 93-64; PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, In 1977, Collier County first established a set of standards to t7 regulate and require consistency and quality of workmanship and materials for tS construction activities within County right-of-way, which standards were updated in 19 1982, 1989, and in 1993; and 20 WHEREAS, it is appropriate to further revise and up-date the right-of-way 21 construction standards through the adoption of a new edition of the Collier County 24 25 26 27 28 29 3O 31 32 33 34 35 36 Construction Standards Handbook. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: COUNTY SECTION ONE: PURPOSE. This Ordinance is to protect the public against hazards resulting from private construction in the public right-of-way, and to protect the structural and physical integrity of Collier County-owned or Collier County-controlled public road right-of-way facilities and materials including and not limited to roads, soils, bridges, and/or drainage facilities. SECTION TWO: DEFINITIONS. For the purpose of this Ordinance, the following words shall have the prescribed meanings. County: Means the Transportation Services Division of Collier County, the Collier County Community Development and Environmental Services Division, and any other Division or Department of Collier County needed to assist the said Transportation Services Division and/or the said Community Development and Environmental Services Division in enforcement of this Ordinance. Page 1 of 7 AGENDA ITEM MAY 2 7 2003 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Existin.q Facility: Means any construction, excavation, obstruction, hole, or other change to the then existing structure and/or compaction of soil in any public right-of-way commenced prior to the adoption of this Ordinance, for which a Collier County right-of- way construction permit has not been granted. ..Offendinq Material: Means any object placed, constructed, or grown in any public right-of-way with or without a Collier County permit and that may endanger any person, damage the right-of-way, restrict existing or planned drainage, or impair normal maintenance. Responsible Person: Means the individual, person, firm, private or governmental entity, corporation, association, department or authority under whose control, authorization, or direction any offending material has been placed, constructed or grown in any Collier County right-of-way, including any right-of-way under such control of Collier County. Whenever the true identity of any such responsible person remains unknown after diligent inquiry, "Responsible Person" shall then include all owners of the fee title to the real property upon or over which the offending material has been placed. SECTION THREE: ADOPTION OF HANDBOOK. The 2003 version of the "Construction Standards Handbook for Work within the Public right-of-way, Collier County, Florida" (the "Handbook") is incorporated herein by reference and is made a part hereof, and which supercedes any prior Handbook in all respects for all right-of-way permits applied for on or after the effective date of this Ordinance. Changes may be made to the Handbook by resolutions adopted by the Board of County Commissioners. SECTION FOUR: PERMITS. A. It shall be unlawful for any Responsible Person to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use in Collier County, including any public right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work from the Collier County Transportation Operations Department as specified herein or in the Handbook. Page 2 of 7 AGENDA. tTE~ MAY 2 7 2003 1 B. Application for each permit shall be made on forms provided by Collier County. Such application shall include, but not necessarily be limited to, the following 3 information: 4 1. 5 2. 6 3. 7 4. 8 5. 9 10 6. Il 7. 12 13 14 15 The precise physical location of the construction. The type of facility to be constructed. The method of construction to be used. The expected time schedule for completion of construction. Sketches and drawings in duplicate to completely depict the nature of the proposed construction. Any other information required in the Handbook. Any additional information reasonably required by Collier County because of unique circumstances of the project. C. The permittee shall be responsible for all conditions of the permit and to pay the applicable permit fee then established by resolution of the Board of County 16 Commissioners (the Board). 17 D. All utility companies shall contact the property owners in the vicinity of 18 their proposed project and inform them of the forthcoming construction activities and its 19 duration. Prior to the issuance of any Right-of-way Permit, the applicant shall provide 20 evidence of such notification with the permit application. E. The Collier County Transportation Operations Department may take any 2*_. of the following actions on a Permit Application: 23 1. Approve the Permit based on the Application as submitted. 24 2. Deny the Permit based on insufficient information or site-specific 25 information and data inconsistent with the requirements of the 26 Handbook and/or the Collier County Land Development Code (LDC). 27 3. Issue a Notice of Intent to Issue a Permit valid for up to one year, 28 based on the Applicant's proposed time frame for construction within 29 the right-of-way. If work will not begin within thirty (30) calendar days 30 of the date on which a permit would otherwise be issued, then such 31 Notice of Intent shall be issued in lieu of the actual Permit. Upon 32 reactivation of the Permit Application by the applicant, the 33 Transportation Operations Department will review the Application to 34 assure that no conditions have changed and either issue the Permit or 35 revise any site-specific stipulations to the Permit prior to issuance. 37 F. If the Collier County Transportation Operations Department denies the 38 issuance of such a permit, the applicant may appeal the denial by filing a written notice 39 of appeal with the Board (with a copy to the County Clerk), not later than ten (10) 40 working days after the effective date of the notice of denial. The Board will hear the 41 appeal within ninety (90) days from the date of the written notice of appeal at a regularly ~ scheduled Board meeting. The appellant may appear before the Board, the decision of 43 the Board shall be final. Page 3 of 7 AGENDA ITEM HAY 2 7 2003 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 23 24 25 26 27 28 29 the then current edition of the following referenced publications. or inconsistency, the more restrictive rule shall apply. 2. No permit shall be issued unless the proposed construction conforms to In the case of conflict The Handbook. Construction methods or specifications contained in Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, and the most current FDOT Road Design Standards, Construction, Maintenance and Utility Operations on the State Highway System. 3. The most current FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways. 4. Collier County Land Development Code (LDC). 5. Collier County Maintenance of Traffic Policy (CMA Instruction 5807, latest revision). If standards for the proposed construction are not contained in these references, the Collier County Community Development and Environmental Services Division and/or Transportation Operations Department may impose additional conditions and/or stipulations, including as to sidewalks/bikeways, traffic control devices, and roadway improvements as part of the permit for the proposed construction. H. All work performed under any Collier County Permit shall be at the expense of the permittee and at no expense to Collier County. I. The Collier County Transportation Operations Department may suspend or revoke a permit whenever any stipulation and/or condition of the permit is not being fully and promptly complied with, or when deemed essential by Collier County to protect the physical safety of the public. SECTION FIVE: REMOVAL OF OFFENDING MATERIAl Offending material is a public nuisance and is subject to removal by Collier County as follows: 30 A. Upon becoming aware of the presence of offending material, Collier 31 County shall attempt to notify any Responsible Person by certified mail, return receipt 32 requested, or other actual notice of the obligation to remove the offending material not 33 more than thirty (30) days after receipt of such notice. 34 B. After expiration of the thirty (30) day grace period, Collier County may 35 cause any then remaining offending material to be removed and be disposed of in a 36 reasonable manner at the expense of the Responsible Person. Page 4 of 7 MAY 2 7 2003 ! C. If emergency removal is decided to be necessary to protect the physical safety of the traveling public and/or to protect public property, the offending material :3 may be removed without any attempt to provide notice to any Responsible Person or 4 persons. 5 D. After removing the offending material and after notifying any Responsible 6 Person (by such certified mail or other actual written notice), the Code Enforcement 7 Section of the Collier County Community Development and Environmental Services 8 Division shall certify to the Collier County Finance Director the expense incurred in 9 remedying the condition and thereupon such expense shall be due and payable in full l0 within thirty (30) days, after which a special assessment lien will be made upon the ! ! property of the Responsible Person, which shall be due and payable in full with interest ]2 at the rate of eleven percent (11%) per annum from the date of such lien certification 13 until paid. Such lien shall be enforceable in the same manner as a tax lien in favor of ]4 Collier County and may be satisfied at any time by payment thereof including accrued t5 interest. Notice of such lien shall be filed in the Office of the Clerk of the Circuit Court and shall be recorded in the Public Records of Collier County. 17 E. If any Responsible Person believes that such expense certified to the 1S Collier County Finance Director for removal of the offending material is excessive, he ~9 may appeal the amount assessed by filing a written notice of appeal with the Board, 20 with a copy to the County Clerk, within ten (10) working days after receipt of the notice 2! of the expense. The Board should hear the appeal at its next convenient regularly 22 scheduled meeting. The appellant may appear before the Board. The decision of the 23 Board shall be final. 24 F. The Collier County Tax Collector should keep complete records relating to 25 the amount payable for liens, as described in Paragraph "D", above, and the amounts of 26 such liens should be included in tax statements thereafter submitted to the owner(s) of 27 lands subject to such liens. 28 SECTION SIX: REPEAL OF ORDINANCE NOS. 82-91,89-26 and 93-64. 2<:.) Ordinances 82-91,89-26, and 93-64 are hereby repealed in their entirety. Page 5 of 7 AGENI~A !,T, EM MAY 2 7 2003 1 2 3 4 5 6 7 8 9 i0 11 12 13 14 15 16 17 18 19 20 21 .SECTION SEVEN: RULE OF CONSTRUCTION OF THIS ORDINANCi . This Ordinance is cumulative and in addition to any other applicable Collier County ordinance, rule or regulation. When construction is within the boundaries of any municipality, any applicable ordinance, rule or regulation of that municipal corporation shall also apply. _SECTION EIGHT: CONFLICT AND SEVERABILIT¥. In the event this Ordinance should ever conflict with any other ordinance of Collier County, or applicable ordinance of any municipality, or other applicable law, rule or regulation, the more restrictive shall apply. If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remainder of this Ordinance. SECTION NINE: PENALTIER. A. A violation of this Ordinance is a civil violation. If any person, firm, corporation, or any other entity having legal status, whether public or private, shall fail or refuse to obey or comply with any provision(s) of this Ordinance, upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000.00) in the discretion of the court. Each day of violation or non-compliance may be considered as a separate and distinct violation. In addition, any person, firm, corporation or other entity convicted of violating any provision of this Ordinance shall pay all costs and expenses involved in the case. 23 24 25 26 27 28 29 3O B. Nothing herein contained shall prevent or restrict Collier County from taking such other lawful action in any court or competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief and an action at law for damages. C. Nothing in this Ordinance shall be construed to prohibit Collier County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board established pursuant to the authority of Chapter 162, Florida Statutes. Page 6 of 7 AGEND./ !T EM MAY 2 7 2003 I D. All remedies and penalties provided for in this Ordinance shall be cumulative and independently available to Collier County, which is authorized to pursue 3 any and all remedies set forth in this Ordinance or otherwise lawful. 4 SECTION TEN: EFFECTIVE DATE. 5 This Ordinance shall become effective upon receipt of notice that it has been d filed with the Secretary of State. 7 PASSED AND DULY ADOPTED by the Board of County Commissioners of $ Collier County, Florida, this __ day of ,2003. 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Approved as to form and legal sufficiency: eline Hubbard Robinson ~ssistant County Attorney TOM HENNING, Chairman Page 7 of 7 MAY 2 7 2003 P9 o ORDINANCE NO: 2003-93-64 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, TO PROTECT AGAINST HAZARDS FROM SUBSTANDARD CONSTRUCTION IN PUBLIC RIGHTS-OF-WAY; PROVIDING PURPOSE AND DEFINITIONS; ADOPTION OF CONSTRUCTION STANDARDS HANDBOOK; REQUIRING PERMITS; REQUIRING REMOVAL OF OFFENDING MATERIAL FROM RIGHTS-OF-WAY; REPEALING ORDINANCE NO. 82-91, AS AMENDED BY ORDINANCE 89-26; AS AMENDED BY ORDINANCE 93-64: PROVIDING RULE OF CONSTRUCTION OF THIS ORDINANCE; REPEALING ORDINANCES 89-26 AND 93-64; PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1977, Collier County first established a set of standards to regulate and require consistency and quality of workmanship and materials for construction activities within County rights-of-way, which standards were up-dated in 1982. 1989. and in 19931989; and WHEREAS, it is appropriate to fur[her revise and up-date the rights-of-way construction standards through the adoption of a new edition of the Collier County Construction Standards Handbook. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: PURPOSE. This Ordinance is to protect the public against hazards resulting from private construction in the public rights-of-way, and to protect the structural and physical integrity of Collier County-owned or Collier County-controlled public road rights-of-way facilities and materials including and not limited to roads, soils, bridges, and/or drainage facilities. SECTION TWO: DEFINITIONS. For the purpose of this Ordinance, the following words shall have the prescribed mear,;ngs. County: Means the Transportation Services Division of Collier County, the Collier County Community Development and Environmental Services Division Develepm~nt Sc.".'iccs Dcpc,'t. ment, and any other Division or Department of Collier County needed to assist the said Transportation Services Division and/or the said Community Development and Environmental Services Division Devc!cpmcnt Se.'-;ices ~t in enforcement of this Ordinance. Page 1 of 7 Words underlined are added; words struck through are deleted. ~,GFNDA II'EM MAY 2 7 2 03 ' Exi.sti~: Means any construction, excavation, obstruction, hole, or other change to the then existing structure and/or compaction of soil in any public rights-of- way commenced prior to the adoption of this Ordinance, for which a Collier County right-of-way construction permit has not been granted. Offendin,q Mateda.!: Means any object placed, constructed, or grown in any public right-of-way with or without a Collier County permit and that may endanger any person, damage the right-of-way, restrict existing or planned drainage, or impair normal maintenance. Offcnd!ng .... ~ ............. ~' ................... plans 3nd spscifis3ticns: Responsible Person: Means the individual, person, firm, private or governmental entity, corporation, association, department or authority under whose control, authorization, or direction any offending material has been placed, constructed or grown in any Collier County right-of-way, including any right-of-way under such control of Collier County. Whenever the true identity of any such responsible person remains unknown after diligent inquiry, "iRresponsible Plaerson" shall then include all owners of the fee title to the real property upon 0r over which the offending material has been placed. SECTION THREE: ADOPTION OF HANDBOOK· The 2003 version of the "Construction Standards Handbook for Work W__within the Public Rights-of-way, Collier County, Florida" (the "Handbook') is incorporated herein ~ reference and s made a art hereof· and which su ersedes an riot Handboo___Lk in alt res ects for ail ri h-of-wa ermits a lied for on or after the effective ~dinance. Chan es ma be made to ~k b resolutions ado ted ~'F ~ T~hl~ ~f r.~n*,-,-*,' thirty six (3~ ~y the Board of County Commissioners. "'*n r~spocts for "" right of w3y pormits ~pp,~,4 Ch nadc ~''' °'~ ~'~ C c~mty Ccmm!s$~c~ers. SECTION FOUR: PERMITS. A. It shall be unlawful for any Responsible Person to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use in Collier County, including any public right-of-way maintained by Collier County within the Page 2 of 7 Words underhned are added; words struck thrc,.-'gh are deleted. r, GENDA ITEM MAY 2 7 2003 boundaries of any municipal corporation, without first obtaining a permit for such work from the Collier County Transportation Operations Deve!cpme~t Se,";ices Department as specified herein or in the Handbook. B. Application for each permit shall be made on forms provided by Collier County. Such application shall include, but not necessarily be limited to, the following information: 1. 2. 3. 4. 5. The precise physical location of the construction. The type of facility to be constructed. The method of construction to be used. The expected time schedule for completion of construction. Sketches and drawings in duplicate to completely depict the nature of the proposed construction. Any other information required in the Handbook. Any additional information reasonably required by Collier County because of unique circumstances of the project. C. The permittee shall be responsible for all conditions of the permit and to pay the applicable permit fee then established by resolution of the Board of County Commissioners (the Board/. D. All utility companies shall contact the property owners in the vicinity of their proposed project and inform them of the forthcominq construction activities and it,~ duration. Prior to the issuance of any Ri.qht-of-way Permit. the applicant shall provide evidence of such notification with the permit application D~E. The Collier County Transportation Operations n .... Department may take any of the followinq actions on an Permit AoDlication: chcu!d. .......... ~ ................................................................... ~ SUCt~ fin3! 3eden is net t3ken by th~ Co~!ier Ccun~ Devclcpm=~t Set:ices Dep~ment within thidy ¢~m d2ys ~- +k~ ~ ........ date ~¢ the -~ cf de!2y. 1. Approve the Permit based on the Application as submitted. 2. Deny the Permit based on insufficient information or site-specific information and data inconsistent with the requirements of the Handbook and/or the Collier County Land Development Code (LDC). Issue a Notice of Intent to Issue a Permit valid for up to one year, based on the Applicant's proposed time frame for construction within the ri,qht-of-way. If work will not beqin within thirty (30) calendar days of the date on which a permit would otherwise be issued, then such Page 3 of 7 Words underlined are added; words struck *~r:'-gh are deleted. AGENDA ITEM MAY 2 7 2003 pg. ~f the actual Permit. U on ~e Permit A lication b the ~ iew the A lication to ~ ha ev chan ed and either issue the Permit o~r revise any site-specific stipulations to the Permit prior to issuance. E-~F, If the Collier County Transportation Operations Dc,;:!cpm:nt Department denies the issuance of such a permit, the applicant may appeal 'he denial efCc ...., ' (with a copy by filing a written notice of appeal with the Board '"'* ' to the County Clerk), not later than ten (10) working days after the effective date of the notice of denial. The Board will hear the appeal _within ninety (90) days from the date of. the written notice of appeal at a.. reqularly schedule_d ~ appc3! shcc!d be . , , ' _he appellant may appear before the Board,~ -T-the decision of the Board shall be final. F~G No permit shall be issued unless the proposed construction conforms to ;vit~ the then current edition of the following referenced publications. In the case of conflict or inconsistency, the more restrictive rule shall apply. 1. The Handbook. 2. Construction methods or specifications contained in Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, and the most current FDOT Road Design Standards. Construction. Maintenance and Utilit~ Operations on the State Hiqhway Svstem~. 3. The most current.FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways. 4. Collier County ~ Land Development Code L_~. 5 Collier County Maintenance of Traffic Policy (CMA Instruc_ti_on 5807~ If standards for the proposed construction are not contained in these references, the Collier Count Develo ment and Environmental Services Division ~y ............................... and/or Transportation Operations Department~may impose (~ r~sc,",~!~ ~p~!ic3~!~ stc~d~rd~ additional conditions and/or stipulations, including as to sidewalks, ~ikeways, traffic control devices, and roadway improvements, as part of the permit for the proposed construction. G~H. All work performed under any Collier County permit shall be at the expense of the permittee and at no expense to Collier County. I~L _The Collier County ~Transportation Operations Department~ or revoke a permit whenever a_n_y stipulation and/or condition of the permit is not being fully and promptly complied w.i_th, or when deemed essential th3t ~,~s,,,~9-s =-i~rt,~,~-~ Page 4 of 7 Words upderlined are added; words ctruc?, thrcu~h are deleted. AGENDA ITEM t A¥ 27 2003 nec:~sse~by Collier County to protect the physical safety of the public. SECTION FIVE: REMOVAL OF OFFENDING MATERIAl Offending material is a public nuisance and is subject to removal by Collier County as follows: A. Upon becoming aware of the presence of offending material, Collier County shall attempt to notify any IRresponsible Pierson by certified maiL-return receipt requested, or other actual notice of the obligation to remove the offending material not more ~ than thirty (30) days after ef receipt of such notice. B. After expiration of the thirty:-(30) day grace period, Collier County may cause any then remaining offending material to be removed and be disposed of in a reasonable manner at the expense of the IRresponsible Pierson cr persons. C. If emergency removal is decided to be necessary to protect the physical safety of the traveling public and/or to protect public property, the offending material may be removed without any attempt to provide notice to any IRresponsible _Ptaerson or persons. D. After removing the offending material and after notifying any IRresponsible __Ptaerson-ar--cecse¢~ (by such certified mail or other actual written notice), the Code Enforcement r-,.,~.,~v,,,,...~,,w .... w.c""'~"o.,~ Section of the Collier County Community Development and Environmental Services Division ~ shall certify to the Collier County Finance Director the expense incurred in remedying the condition and thereupon such expense shall be due and payable in full within thirty (30) days, after which a special assessment lien will be made upon the property of the IRresponsible Pf~erson, which shall be due and payable in full with interest at the rate of eleven percent (11%) per annum from the date of such lien certification until paid. Such lien shall be enforceable in the same manner as a tax lien in favor of Collier County and may be satisfied at any time by payment thereof including accrued interest. Notice of such lien shall shou!d be filed in the Office of the Clerk of the Circuit Court and shall should be recorded in the Public Records of Collier County. E. If any IRresponsible Pierson believes that such expense certified to the Collier County Finance Director for removal of the offending material is excessive, he may appeal the amount assessed by filing a written notice of appeal with the Board ef ~'vv~,,,,*" Commissie, .... ,~, ~, with a copy to the County Clerk, witl-in ten (!0) working days after receipt of the notice of the expense. The Board should hear the appeal at its next convenient regularly scheduled meeting. The appellant may appear before the Board. The decision of the Board shall be final. F. The Collier County Tax Collector should keep complete records relating to the amount payable for liens, as described in Pl~aragraph ':(D'_'), above, and the amounts of such liens should be included in tax statements thereafter submitted to the owner(s) of lands subject to such liens. Page 5 of 7 Words underlined are added; words ............. ~h are deleted. AGEND4 ~T~M MAY 2 7 2003 --~ 82 91 ^~4~ 89 26 and 93-64 ---..SECTION SIX' REPEAL OF ORDINANCE NUb. - ..... - ' Ordinances 82-91, 89-26. and 93-64 ae-amecu~d b;' Ordin~.",c: 99 2~, ~ ar_..ge hereby repealed~' SECTION SEVEN: RULE OF CONSTRUCTION OF THIS ORDINANCE. This Ordinance is cumulative and in addition to any other applicable Collier County ordinance, rule or regulation. When construction is within the boundaries of any municipality, any applicable ordinance, rule or regulation of that municipal corporation shall also apply.. SECTION EIGHT: CONFLICT AND SEVERABILITY~. In the event this Ordinance should ever conflict with any other ordinance of Collier County, or applicable ordinance of any municipality, or other applicable law, rule or regulation, the more restrictive shall apply. If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remainder of thi__se Ordinance. SECTION NINE: PENALTIES_. A. A violation of this Ordinance is a civil violation. If any person, firm, corporation, or any other entity having legal status, whether public or private, shall fail or refuse to obey or comply with any provision(s) of this Ordinance, upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000.00)_fWe hu,,~d de/tars ($500.00-) in the discretion of the court. Each day of violation or non- compliance may be considered as a separate and distinct violation. In addition, any person, firm, corporation or other entity convicted of violating any provision of this Ordinance shall pay all costs and expenses involved in the case. B. Nothing herein contained shall prevent or restrict Collier County from taking such other lawful action in any court or competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief ar. t an action at law for damages, C. Nothing in this Ordinance shall be construed to prohibit Collier County from prosecuting any violation of this Ordinance by means of a Code E_enforcement Board established pursuant to the authority of Chapter 162, Florida Statutes. D. All remedies and penalties provided for in this Ordinance shall be cumulative and independently available to Collier County, which is authorized to pursue any and all remedies set forth in this Ordinance or otherwise lawful. Page 6 of 7 Words underhned are added; words struck threu=--'-h, are deleted. AGENDA ITEM MAY 2 7 2003 SECTION TEN: EFFECTIVE DATF, This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Flodda, this__ 14 day of ~, 20O31993. A'I-I'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman [;~1 IDT GAl TOM HENNING ..... Approved as to form and legal sufficiency: Jacqueline Hubbard Robinson Thcm=c C. Assistant County Attorney Page 7 of 7 Words undedined are added; words ............ "=.. are deleted. , AGEN,DA iTEM EXECUTIVE SUMMARY, ADOPT AN ORDINANCE AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THE SAME BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, 2001-13, AS AMENDED, INCORPORATING CHANGES TO THE AFFORDABLE HOUSING PROVISIONS ~ That the Board of County Commissioners adopts the attached Ordinance to amend Chapter 74 of the Collier County Code of Laws and Ordinances. The first amendment incorporates changes to the affordable housing provisions to authorize the County Manager, on behalf of Collier County, to sign and enter into Th-Party agreements. Tri-party agreements are intended to allow affordable housing developers to meet new tax laws. Another amendment provides for the collection of impact fees in default; while another provides for a waiver of the obligation to pay the upfront fifty- percent payment of estimated Transportation Impact Fees at Final Site Development Plan or Final Plat, for certain qualifying developments meeting the Affordability Guidelines for Collier County of the Florida Housing Finance Corporation or entering into a waiver or deferral agreement with Collier County, as required by the Collier County Land Development Code, Section 3.15, as amended, and requiring payment of the impact fees, in full, prior to issuance of a building permit. CONSIDERATIONS:. On February 6, 2003 amendments to Collier County Land Development Code, Division 3.15 became effective, which require fifty percent of the estimated Transportation Impact Fees for a project to be paid prior to the issuance of a final Site Development Plan or Final Plat in order to receive a Certificate of Adequate Public Facilities. It is this upfront prepayment of fifty percent of the applicable Transportation Impact Fees that has served as a powerful deterrence to prospective affordable housing developers in the private sector. In fact, this provision acts to ensure that only well-funded projects built on a speculative basis are developed in Collier County. County imposed impact fees in general remain a significant portion of the purchase price in any affordable home constructed in Collier County. The enactment of Division_ 3.15 compounds this situation by moving the payment of some of those fees up very early in the development process. This amendment to the CIFO establishes a provision to waive the upfront fifty-percent payment of estimated Transportation Impact Fees as required by the Collier County Land Development Code, Division 3.15, as amended, for certain qualifying units below the maximum home sales price in Collier County for Florida Housing Finance Corporation C~O Amendment - Workforce/Affordable Housing Page 2 Programs or projects qualifying for a waiver or deferral of impact fees, and instead require an executed waiver or deferral agreement or payment of the impact fees, in full, prior to the issuance of a Building Permit. The new provisions include an application process for projects eligible for the waiver of the upfront payment, provides for the issuance of a Certificate of Adequate Public Facility. For units not entering into a waiver or deferral agreement, it also requires a copy of an executed sales contract prior to the issuance of the Certificate of Occupancy and a copy of the closing statement within ten (10) days of the closing of the sale. Additionally, the amendment, provides for the collection of the impact fees found to be in default of the terms of the waiver. The current Ordinance authorizes the County Manager, on behalf of Collier County, to enter into waiver and deferral agreements for eligible projects. This amendment authorizes the County Manager to sign, on behalf of Collier County, and enter into a Tri- Party Agreement, as applicable, to further define re-payment obligations as required by new tax laws. This amendment also includes provisions for the collection of impact fees in default under Section 74-201, Affordable Housing Waiver or Deferral as set forth by Article V, Section 74-501 of the CIFO, as amended. It is the intent of this amendment to provide terms to continue to promote Workforce and Affordable Housing in Collier County. This amendment will not effect the impact fees applicable to projects that qualify as such projects will still be required to pay their fair share, or enter into a waiver or deferral agreement for an amount equal to that share, but the obligation to pay will be required no sooner than immediately prior to issuance of a Building Permit. FISCAL IMPACT: Impact fee rate schedules are not being updated as part of this amendment. Developments that are eligible for the provisions set forth by this amendment will still be required to pay all impact fees applicable to the subject construction, or enter into a waiver or deferral agreement in lieu of required payment. GROWTH MANAGEMENT IMPACT: Impact fees are a critical funding source for infrastructure capital improvements identit~ed in the Capital Improvement Element of the Growth Management Plan. This amendment does not waive the obligation to pay the impact fees applicable to qualifying developments even though it may delay the point in time at which full payment must be made; therefore, approval of the amendment will not adversely affect the Capital Improvement Element. · CIFO Amendment - WorlfforcetAffordable Housing Page 3 RECOMMENDATION.'.. That the Board of County Commissioners adopt the attached Ordinance, and direct staff to amend the Collier County Land Development Code, Division 3.15, as needed to comply with the new regulations being set forth by this amendment. -Amy P~tterson, Impact Fee Coordinator Date: REVIEWED BY: REVIEWED BY: Date: Cormac Giblin Housing Development Manager Denton Baker, Director, Financial Administration and Housing APPROVED BY: / JJaseph K. Sc/h~nitt, Administrator / s //h0rr~nunity Development & Environmental Serv,ce Division ORDINANCE NO. 2003 AN ORDINANCE OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COUNTY'S CODE OF LAWS AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED), PROVIDING FOR THE WAIVER OF THE UPFRONT PAYMENT OF FIFTY PERCENT OF THE ESTIMATED TRANSPORTATION IMPACT FEE AS REQUIRED BY DIVISION 3.15 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, FOR DEVELOPMENTS MEETING THE AFFORDABILITY GUIDELINES OF THE FLORIDA HOUSING FINANCE CORPORATION OR ENTERING INTO A WAIVER OR DEFERRAL AGREEMENT; AUTHORIZING THE COUNTY MANAGER TO ENTER INTO TRI-PARTY AGREEMENTS ON BEHALF OF COLLIER COUNTY FOR ELIGIBLE AFFORDABLE HOUSING DEVELOPMENTS; PROVIDING FOR THE COLLECTION OF IMPACT FEES IN DEFAULT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 13, 2001, the Board of County Commissioners of Collier County adopted Ordinance No, 2001-13, the "Consolidated Impact Fee Ordinance," which is codified as Chapter 74 of the County's Code of Laws and Ordinances; and WHEREAS, on FebruaW 6, 2003, amendments to the Collier County Land Development Code, Division 3.15 became effective, which require fifty-percent of the estimated Transportation Impact Fees for a project to be paid in order to receive a Certificate of Adequate Public Facilities prior to the issuance of a final Site Development Plan or Final Plat; and WHEREAS, Affordable Housing developments enter into waiver or deferral agreements with Collier County in lieu of payment of impact fees, as set forth by Article IV, Sections 74-401 and 74-402 of the Collier County Consolidated Impact Fee Ordinance; and WHEREAS, County staff desires to establish a provision to waive the upfront fifty- percent payment of estimated Transportation Impact fees prior to approval of the final Site Development Plan or Final Plat for: 1.certain qualifying units sold below the maximum home sales price in Collier County for Florida Housing Finance Corporation Programs which will instead make payment of the impact fees, in full, prior to issuance of the Building Permit, or 2. projects qualifying for the waiver or deferral of impact fees which enter into approved waiver or deferral agreement; and WHEREAS, County staff desires to include provisions for the payment of imp~ fees in default, as set forth by Article V, Section 74-501 of the Collier County Consolidal Impact Fee Ordinance for Affordable Housing projects; and WHEREAS, the County Manager is currently authorized, on behalf of Collier County, to enter into waiver and deferral agreements for eligible projects and staff desires to allow the County Manager to also be authorized, on behalf of Collier County, to sign and enter into a Td-Party Agreement, as applicable, to further define re-payment obligations, as required by new tax laws; and WHEREAS, these amendments to the affordable housing provisions will serve to continue to promote affordable housing in Collier County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article I1, Subsection (e) (1) b., in Section 74-201 of the Collier County Code of Law and Ordinances is amended to read as follows: Section 74-201. Imposition of Impact Fees (e) Affordable housing waiver or deferral. If the proposed development meets the requirements for an affordable housing waiver or deferral as set forth in article IV, the county manager should enter into an impact fee waiver or deferral agreement and is authorized to execute such waiver or deferral aqreements alon,q with am/ porresuondin,q tri-party a,qreement intended to further define re-payment oblicmtions, as ..may be applicable, with the owner or applicant. The impact fee waiver or deferral agreement shall be accepted by the county in lieu of prompt payment of the impact fee that would otherwise then be due and payable but for the agreement. SECTION TWO. Article IV, Subsections (n), (o), and (p) are being added to Section 74-401 of the Collier County Code of Law and Ordinances which is amended to read as follows: Section 74-401. Impact Fee Waiver or Deferral. Underlined text is added; ~t, ruck th,"cugh text is deleted. Page 2 of 4 AGENOA iTEM n that are sold befow the u'n FinanceCo oration rral a reement shallnot u'ddin an sooner than se be set forth in such concurrentl with the issuance of the Final Site Develo merit Plan or Plat the a licant ~t with Collier Coun or nclude the followin : 1. name of proiect, leqal description and number assiqned by Collier County to the development order 2. name of applicant and owner, if different. 3. number of dwellinq units 4. statement of intent that the subiect dwellinq unit sales price will meet the affordability ,quidelines of the Florida Housin,q Finance. Corporation for Collier County~ ~ Prior to the issuance of a certificate of occu anc for individual dwellin units which have rovided the fore oin affidavit instead of enterin into a waiver or deferral de a co of the executed n sales rice. Aco ofthe be rovided to the count 'f in dwellin unit. ~ Failure to adhere to the reauirements set fo~h b this section ma result in the mentbe'm considered delin uent from the date of the notarized affidavit and then becomin sub'ect to the 1 includin a ment of delinquency fees and interest. SECTION THREE. Article IV, Subsection (h) (8) of Section 74-401 of the Collier County Code of Laws and Ordinances is amended to read as follows: Section 74-401. Impact Fee Waiver or Deferral. (8) In the event the Owner is in default under the agreement, and the default is cured within thirty (30) days after written notice is provided to the Owner, the Board ml it sole option collect the impact fee amounts in default as set forth b.y_Article V, Sectior 501, or..bring a civil action to enforce the agreement or declare that the waived or dele Underlined text is added; S~uck t.hrc'.'~h text is deleted. Page 3 of 4 ~ot 74- ,5 , impact fees are then immediately due and payable. The bOard shall be entitled to recover all fees and costs, including attorney's fees and costs, incurred by the County in enforcing the agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. SECTION FOUR: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION FIVE: INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SIX: EFFECTIVE DATE. This Ordinance will become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _. day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk . roved ~s to form and I s uffii;i~.,q cy: Patrick G. VVhite, Assistant County Attorney By: Tom Henning, Chairman Underlined_ text is added; ~ text ~s deleted. Page 4 of 4 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE LIBRARY ADVISORY BOARD OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on December 31, 2006, on the Library Advisory Board. CONSIDERATIONS: The Library Advisory Board had I term expire on December 31, 2002, representing Commission District 1. This 5-member.board advises the Board of County Commissioners on thc operations and proposed budget tot the Collier County Library System. list of the current membership is included in thc backup. A Ms. Sydney S. Mellinger's term expired on December 31, 2002. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY [ Dianne Wetjen Commission District I COMMITTEE RECOMMENDATION: DIST ELECTOR ADV. COMM. Dianne Wetjen 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 27, 2003 AGENDA FI'EM LIBRARY ADVISORY BOARD Co~R Co~rrv PuBic [~¥ 2.385 Orange Bl~m ~ Na~ ~ ~1~ (2~) 593-3511 ~.~-tib.org May 1, 2003 5oard ~A¥ 13 Count.:; ~o~miss~oaer~ Sue Filson Executive Manager Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Dear Sue: At the April 30, 2003 meeting of the Library Advisory Board, the members reviewed Dianne Wetjen's application for the vacancy in District 1. The Board members have unanimously approved the recommendation for her appointment to the Library Advisory Board. Sincerely, ~laculyn K. Dering '"'-~" "~'~ Library. Adviso.%, Board Chair Stltne Ms. Doris J. Lewis 94 Second Street South Naples, FL 34102 District: 4 Category: Ms. Jaeulyn K. Dering 6508 Thomas Jefferson Court Naples, FL 34108 District: 2 Category: Ms. Diane Williams Rt. 2, Box l 8 Immokalee, FL 34142 District: 5 Category: Ms. Sydney S. Mellinger 1200 Ludlam Court Marco Island, FL 34145 District: 1 Category: Ms. Sabina Musci 4470 32nd Avenue, S.W. Naples, FL 34116 District: 3 Category: Library Advisory Board Work Phone Appt'd E. xtx Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 4O3-6702 01/14/97 261-8754 01/09/01 12/22/92 592-0180 01/09/01 06/17/97 6574171 01/09/01 06/04/91 642-0633 1/12/99 643-2324 12/13/94 12/17/02 12/31/00 12/31/04 12/31/96 12/31/04 12/31/00 12/31/04 12/31/94 12/31/02 12/31/98 12/31/06 4 Years 4 Years 4 Years 4 Years 4 Years 4 Years 4 Years 4 Years 4 Years 4 Years Friday, December 20, 2002 Page I of 2 Library Advisory Board Name Work Phone Appt'd Exlx Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 88-71 to advise the Board of County Commissioners on the operations and proposed budget for theCollier County I ibrmy System. Members are composed of 5 members representing the 5 commission district& Terms are 4 years. FL SE4 T Staff.. John Jones, Library Director: 774-8486 Friday. Dectunber 20, 2002 Page 2 of 2 MEMORANDUM DATE: March 28, 2003 TO: Elections Office .~, FROM: Sue Filson, Executive Manag 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. LIBRARY ADVISORY BOARD COMMISSION DISTRICT Dianne Wetjen 1690 Rainbow Court Marco Island, FL 34145 Thank you for your help. MEMORANDUM DATE: TO: FROM: March 28, 2003 John Jones, Library Director /.~ Sue Filson, Executive Manager~?. Board of County Commissioners Library Advisory Board 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: Dianne Wetjen 1690 Rainbow Court Marco Island, FL 34145 Please let me know, in writing, the recommendati6n 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 MEMORANDUM DATE: TO: FROM: March 28, 2003 Director John Jones, Library Sue Filson, Executive Manage Board of County Commissioners Library Advisory Board 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: Dianne Wetjen 1690 Rainbow Court Marco Island, FL 34145 Please let me know, in writing, the recommendatibn for appointmem of the advisory committee within the 41 day time-frame, 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 Board of County Commissioners 3301 East Tsmismi Trail Naples, FL 34112 (941) 774..8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Home Address: I/~?0 f~a~Zl b ~ t-x3 C-f' Fax No. ~'~2'7 ~',~. 0 Business Phone: Business: ~&~-w ~"~ Board or Committee Applied for: No Category (if applicable): Example: Commiasion District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes ~/ Do you currently hold public office? Yes No If so, what is that office? Do you now ~erve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the committees/boards: No ~ Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education: Experience: Please attach any n,t,t;~nnal information you fe~l pertine~ This applica~n should be forwarded to Sue F'dson, Exeot~e Manag~ to the Board of County Commissiontrs, $$01 East Tamiami Trail, Naple~, FL 34112. If ymt wish, pleast f~x your ~pplic~ion to (941)774-$602 or e-mail to suefdsonCmcolliereov, net Thankyoufor voluntoerin8 to sor~e the citir~s ofcoilitr County. Resume for Dianne Wetj en Education B.A. Allegheny College, 1962 Summa Cum Laude, Alden Scholar M.S. Ed. Florida State University 1965 Post Graduate work-75 hours Volunteer Organizations: Professional Organizations: Work Experience: Publications: Honor: American Association of University Women, Comm. Dir, '98-, VP '96-98 Friends of the Library, President 2000- Immokalee Foundation Board 2000-02 Marco Island Charter School, Exe. Bd., Secretary '02- Marco Island Charter School, Advisory Board Chr. '00-01 Newcomers Club, Marco Island, President, 1997-98 Wesley Methodist Church, Pastor-Parish Comm. Chr. '99- St. James United Methodist Church, Missions Committee Chair, Intensive Care Fund Chair, '82-89 Annual Fair and Auction, 1987,Co-chair IRA (International Reading Association), member LIRILC (Long Island Regional Individualized Learning Council) Conference Speaker LIMACON (Lbng Island Math Association Conference) Speaker, 1992 NCTM (National Council of Teachers of Mathematics) Speaker, Northeastern Regional Conference), 1992 Speaker, Family Math Conference, 1993 Speaker, NCTM National Conference, Seattle, 1993 "Integrated Learning, The Zipper Approach" Speaker, Canadian NCTM Northwest Conference, Victoria, B.C., 1994 Smithtown Teachers Center, Policy Board, secretary '92-94 Allegheny College, candidate interviewer, 1990-96 Reading Consultant, 1981-94, Smithtown, NY "Whole Language Invitation", College in-service course, instructor Project CHILD Director, NY State Education Dept., Albany (1977-81) Reading Specialist, 1968-77 Reading Consultant, 1966-68, Meadville, PA Sixth Grade Teacher, 1962-66, Meadville, PA Florida Reading Quarterly, Newsday newspaper, Education Week "Who's Who of American Women", 1995 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE FOREST LAKES ROADWAY AND DRAINAGE ADVISORY COMMITTEE OBJECTIVE: To appoint 2 members to serve 4-year terms, expiring on April 21, 2007, on the Forest Lakes Roadway and Drainage Advisory Committee. CONSIDERATIONS: The Forest Lakes Roadway and Drainage Advisory Committee had 2 terms expire on April 21, 2003. This 5 member committee was created on March 1~3, 1992 by Ord. 92-16 to aid and assist the Board of County Commissioners in carrying out the purposes of providing and maintaining improved roadway related drainage and roadway restoration within the area of the Unit as set forth in Ord. 91-107. They also prepare and recommend an itemized budget, work programs and priorities. Members must reside within the Forest Lakes Roadway and Drainage MSTU. A list of the current membership is included in the backup. The terms for Roger Somerville and William L. Seabury expired on April 2 I, 2003. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. William J. Cso$i IResident 4 Yes Public Vehicle Adv Comm. William L. Seabury-Re-appt Resident 4 Yes Forest Lakes Roger Somerville- Re-appt Resident 4 Yes Forest Lakes Received Late ~ COMMITTEE RECOMMENDATION: William L. Seabury Roger Somerville FISCAL IMPACT: NONE GROWTH MANAGEMENT lMPACT: 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 confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MAY 27, 2003 05/12/2003 ~ON 15:52 FA.X ~001/00! Memorandum To: Sue FIIson, Executive Manager Board of County Commissioners From; Date: May 12, 2003 Subject: New MSTU member The Forest Lakes Roadway & Drainage MSTU met at a regularly scheduled meeting on May 9, 2003 at 10:00 a.m. in the Forest Lakes Clubhouse. At this meeting the committee considered thc resumes of 3 applicants for 2 open positions, William Scabury, Roger Summerville and William J. Csogi. The committee agreed that all camtidates were qualified, and met the required criteria as Board members, but felt that Ma*, Seabury and Mr. Sommerville's qualifications would better meet the needs of the committee. It wa~ the unanimous decision (3 to 0) of tim committee present to recommend Roger Sommea-ville and William Seabury for appoirttmeaat to the open positions on this committee to the Collier County Board of County Commissioncrs. cc: Dimm PI~, Dir~tor, Al~mative Tr-ara'pormtion Made. Transportation Operations Department Pg. Forest Lakes Roadway & Drainage Advisory Committee S~me Mr. Roger Somerville 190 Turtle Lake Court, #2 ! 0 Naples, FL 34105 District: 4 Category: Mr. William L. Seabury 501 Forest Lakes Blvd., #205 Naples, FL 34105 District: 4 Category: Work Phone Appt'd Exp. Date Term Home Phone DateRe. appt 2ndExpDate 2nd Term 649-7157 10/23/01 04/21/03 2 Years 263-3643 04/25/95 04/21/99 263-4090 06/08/99 04/21/03 4 Years 4 Years Mr. Robert H. Jones 1002 Forest Lakes Drive Naples, FL 34105 District: 4 Category: 06/08/99 04/21/02 3 Years 649-8692 05/28/02 04/21/06 4 Years Mr. Robert Cunningham 1100 Forest Lakes Boulevard Naples, FL 34105 District: 4 Category: 04/11/00 04/21/04 4 Years Ms. Virginia M. Donovan 1037 Forest Lakes Drive Naples, FL 34105 District: 4 Category: 649-5661 05/28/02 04/21/06 4 Years It/edne~day, ,'~la), 29, 2002 Page l of 2 Forest Lakes Roadway & Drainage Advisory Committee YYork Phone Appt'd Ext~ Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created on 03/10/92 by Ord. No. 92-16 to aid and assist the Board of County Commissionem in carving out the puq3o~___ of providing and maintaining improved roadway related drainage anu roadway restoration within {he area of the Unit as set forth in County Ord. 91-107. The will also prepare and recommend an itemized budget, work programs and priorities. Applicants must reside within the Forest Lakes Roadway & Drainage MSTU. Terms are 4 years. STAT 125.0] Staff' Bob Petersen, Project Manager, Transportation: 774-8494 14Zednesday, 31ay 29, 2002 Page 2 of 2 AO~d~DA.,n~v~ NC,. ~D MEMORANDUM DATE: February 10, 2003 TO: FROM: Elections Office Sue Filson, Executive Manager Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointmem to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. FOREST LAKES ADV COMM COMMISSION DISTRICT William J. Csogi 202 Woodshire Lane Naples, FL 34105 William L. Seabury 501 Forest Lakes Boulevard Naples, FL 34105 Thank you for your help. : ' : ,f. ; .].. j..- MEMORANDUM DATE: TO: FROM: February 10, 2003 Gerald Morris, Transportation, Design Operations Sue Filson, Executive Manager Board of County Commissioner~ Forest Lakes Roadway & Drainage Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: William J. Csogi 202 Woodshire Lane Naples, FL 34105 William L. Seabury 501 Forest Lakes Boulevard Naples, FL 34105 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-fi'ame, 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 81,'38/2883 12:47 194126148~4 moanl o~ Camry Commissioners CAR CRITIC INC Pa~ I of 2 Board of County ('om missioners 3301 East Tamiami Trail .Naples, FL 34112 ('941) 774-8097 Fax: (941) 774-3602 Application for Advisor>' Committees/Boards kid or Committee Applied for:. ~/~ J~,q ~ Category (~ ~l~ble): ~ ~u a ~d your in C~Uer Count: Y~ ~' No Do you currently hold publie office? Yes If s~, what is ~hut No Do you now s~'Y% m have you ever serv~i, o~ · Collie; County Ixmrd or commifloc? Yea V No ff ye~, plcue list Please Ii? your,c .man.unity .a~viflea (civic clubs, ngighl~f~ood aasociatioDs,, etc. and Education: ht~p;//colliet~ov.et/~o~/mpp.htm I I',..: ~' ~t/5/2003 Board of County Commissioners 3301 East Tamiam~ ,~-¥,~; 7;:'~.: Naples, FL 3¢ii~-*-*'~'* ~ ' (941) 774-8097 *~.~':- F~: (941) 774-36i}.'$~ '~ '?': Application for Advisory Committees/Boards Home Address: O, 4 0 O' ~.I' ~ ~ ~'~ /~t~t~'~). Zip Code: 3 ~/a~ Fax No. B~iness Phone: ~ ~Z3 -marl address: .... , '- ~ Board or Committee Applied for: ~t~~.~ Category (if applicable): Example: Commi~ion District, Developer, environmentalist, lay person, etc. / Are you a registered voter in Collier County: Yes v// No Do you currently hold public office? Yes If so, what is that office? / Do you now serve, or have you ever served, on a Collier Coudty board or committee? Yes ~ No If yes, please list the committees/boards: Please lis.t your commu~ity,~ctiv~ies (civic clubs, ein ghborho~od associations~etc, and positions held: Please attach any additional information you feel pertinent This applica~'on should be forwarded to Sue Fiison, Executive Manager to the Board of Coun~ Commissioners, 3301 East Tamiaml Tral~ Naples, FL 34112. lf :,ou wish, please fax your application te (941)774-3602 or e-mall to suefdson~, alliergov, n~ Tkank you far volunteer~ng to serve the citizens of CoHi~r County. EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE CONTRACTORS' LICENSING BOARD OBJECTIVE: To appoint 1 member to serve a 3-year term, expiring on June 30, 2006, onthe Contractors' Licensing Board. CONSIDERATIONS: The Contxactofa Licensing Board has 3 terms expiring on June 30, 2003 and I vacancy due to a resignation. This 9-member board determines the q, alifications of applicants for the various categories oft he Contractors' Certificates of Competency. They also hold hearings to determine if the holder ora certificate of competency of any contractor, master or journeyman should be disciplined. A minimum 3 members shall be in the category of "Consumer". The consumer representatives may be any resident of the local jurisdiction that is not, and has never been, a member or practitioner ora profession regulated by the board or a member of any closely related profession. Members are required to file a Form 1 Statement of Financial Interests each year with the Supervisor of Elections. Terms are 3 years. A list oftbe current membership is included in the backup. The terms for Walter Mitchell Crawford, Richard E. Joslin, Jr., and Margaret Rodgers will expire on June 30, 2003. Additionally, there is one vacancy due to the resignation of Kenneth H. Dunne. A press release was issued and one resume was received from the following interested citizen: APPLICANT CATEGORY m Richard E. Joslin, Jr. I Specialty Contractor Re-appt. DIST ELECTOR ADV. COMM. 5 I Yes Contractors' Licensing Board COMMITTEE RECOMMENDATION: Quasi-Judicial- no recommendation accepted. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Fllson, Executive Manager Board of County Commissioners Agenda Date: MAY 27, 2003 COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DM$ION BUILDEVG REVIEWAND PERMITTING 2800 North Horseshoe Drive Naples, FL 34104 MEMORANDUM DATE: TO: FROM: SUBJECT: May 12, 2003 Sue Filson, Executive Manager Board of County Commissioners Ed Perico, Director Building Review & Permitting Department Contractors' Licensing Board I have reviewed the resume for the Contractors' Licensing Board and listed the specific categories they are qualified for. They are as follows: Richard E. Joslin, Jr. 595 17 Street, N.W. Naples, FL 34120 Specialty Contractor IfI can be of further assistance please do not hesitate to contact me at 403-2442. Contractors Licensing Board Naive Mr. Kenneth Lloyd 5408 Freeport Lane Naples, FL 34119 District: 3 Category: Consumer [Fork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndF_~Date 2nd Term 430-6900 09/11/01 594-8685 Mr. Eric D. Guite' 403-9365 1520 Nautilus Road 403-9365 Naples, FL 34102 District: 4 Category: City of Naples - Specialty Contractor Mr. Kenneth H. Dunne f'¢~'~w~'t0 571-5280 133 Sharwood Drive ~.$-o'b '~ 594-0269 Naples, FL 341 l0 District: 2 Category: Engineer Mr. Michael D. Baril 832 Rose Court Marco Island, FL 34145 District: 1 Category: General Contractor 642-8755 07/30/02 11/27/01 11/27/01 06/30/04 06/30/05 06/30/04 06/30/04 Mr. Walter Mitchell Crawford, I 596-0291 I-2~¢, ¥c..~tla. Way IO;lqg ~oc~ ~r~597-~ Naples, FL ~ 3~1o~ D~: 2 Cation: Gene~l Contractor Mr. Richard E. Joslin, Jr. 455-5000 595 13th Street, N.W. Naples, FL 34120 District: 5 Category: Licensed Commercial Pool/Spa Contr 06/13/00 06/11/96 06/13/00 06/30/03 06/30/97 06/36/03 Thursda); September 12, 2002 Page I of 2 3 Years 3 Years 3 Years 3 Years 3 Years 1 Year 3 Years Pg' I Contractors Licensing Board Name Hork Phone /lppt'd Home Pkone DateRe-appt Ms. Margaret Rodgers 404-3194 2761 2nd Street, N.E. 352-2114 Naples, FL 34120 District: 5 Category: Consumer Ms. Ann Lundblad Keller 2107 21 st Court South Naples, FL 34102 District: 4 Category: Consumer- City of Naples Represenrativ Mr. Les Dickson 202 Monterey Drive Naples, FL 34119 District: 3 Category: Roofing Contractor Extx Date Term 2ndExpDate 2nd Term 09/10/02 06/30/03 9 months 370-7237 09/10/02 06/30/05 3 Years 659-9140 514-1100 06/11/96 06/30/99 3 Years 05/28/02 06/30/05 3 Years This 9 member board was created by Ord. No. 78-2, 85-42, 90-105, 92-61 to determine the qualifications of applicants for the various categories of the Contractors' Certificates of Competency. They also hold hearings to determine if a certificate of competency of any contractor, master or journeyman should be revoked. A minimum of 2 members shall reside within the corporate city limits of Naples or shall be recommended to the BCC by the Naples City Council. F! Stat, Sec 489.131, sub 10 states that 3 members must be consumer representatives. Membership should be licensed amhitect, licensed general contractor, licensed engineer, licensed electrical contractor, licensed plumbing contractor, licensed roofing contractor, licensed residential or building contractor and a licensed representative from one of the other specialty trades or professions requiring a Certificate of Competency as provided in the Ordinance. These categories are merely directory and failure to have a member of each of the trades is not grounds for voiding any action of the Board. Terms are 3 years. This is a Quasi Judicial Board. Amended bv Ordinance No. 94-34. 95-11.97-68. 99-45. 2002-21 FL STAT 489 Staff: Ed Perico, Building Review & Permitting Director.: 403-2400 Thur~da):. September 12, 2002 Page 2 of 2 AC..~END~ [~ k! 7' 7 200? MEMORANDUM DATE: May 9, 2003 TO: Elections Office (~). FROM: Sue Filson, Executive Manager /~ ~x Board of County Commissionerg---.J 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. CONTRACTORS LICENSING BOARD COMMISSION DISTRICT Richard E. Joslin, Jr. 595 13~' Street, N.W. Naples, FL 34120 Thank you for your help. A GEND. g., ITEM MEMORANDUM DATE: TO: FROM: May 9, 2003 Ed Perico, Building Review & Pe~' .rog Director Sue Filson, Executive Manager~/~.~ ' Board of County Commissione~;~, Contractor's Licensing Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Richard E. Joslin, Jr. 595 13th Street, N.W. Naples, FL 34120 Please let me know, in writing within the 41 day time-fi.me, if the applicants meet the criteria to serve as members on the board, and I will preparo 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 F'rom : SUNRISE POOLS INC 81~-455-5000 PO1 ~ECEIVF-D FAX COVER SHEET Sunrise ~Pools of Naples 5"95 13Th. ST. N.W. Naplcs, Fl. 34120 239-455-5000 Fax Number' 77P4' ~,~d ~' ", ' From' 72~'~,,e~' Y'~Sh~ '~., ~,~r:~-)f Cou~t~' Com.'missY, offers 'No. Of pages (including Cover Page ) -. err "We Do It Right Ofice, :' From : SUNRISE POOLS INC 813-4S5-S000 P02 Application for Advisory Committees/Boards Arc you a re~tered voter lo Collier Couu~: Yes No Do you eurr,utly hold If s~ ~t k that Please I~.st.~our ¢ommunlty~ctivUiQs (civic clqba,~ei~hbnrhoo~!.auocl~tlons, etc. and ~io~ .. d~.~ :~r~.-- ~?s..- / ~., ~ ~. o ........ Please art~c& m..y =,ddlJJ~d t~"m~'m~io;; j,4~.l'eetJ;er~eNL ~ From : SUNRISE POOLS INC 81~-455-5800 PO5 Sunrise Pools Of Naples 505 13Th. ~t. N Naples, FL 34~20 " To: C0llicr County Board O/' Commissiolled'$ Attention; Sue Pilion, ?lc~ -ccept My ~applioadc~n for y~r ~u~ for ~ U~t~ ro~me. · :..~ '~is'Timc 'l would ~~' ~e it .To '~ ~ ~at I woul~ Like Vc~ mu~h to Be Considcr~ for ~o~ T~, ~d on~ ~ w~ ~ve eve~ effo~ to ~e The Bo~d ~ ,.a Proffe~o~ Having Sc~ed on The Bo~d for the P~t 2 te~s, I have hope~Uy, help~ the other Mcnlbcrs 'Of The Bo~d, Wi[h MY ~put to ~ch honc~ and f~ d~sio~. ] have Beep In Collier Coun~ for ~o~ 25 y~m ~d In the Consi~ion Bus'ness for, ~st ~t' ~ng, I Se~ ~ Pr~idcnt Of The National P6ol and Spa 'Institutefor The Florida ~lf Co~ Chapt~ 1996-1997 My Comply H~ won Intc~fio~ d~ aw~ds For' Job ComPlcfio~ ~d Qu~i~ Construction... "I. ~so ch~r~ Committ~S.fo[~Thc C0~~ County P~! ~d 'Spa ~sociation ~d Have .Bc~ CEI~ Upon to ~t ~ ~d Exp~ ~tn~ In C.~I C~c~ By attorneys In which Construction M~°ds W~c ~cgion~. I hope ,T~s ~ttcr Of ~y q~Ufi~fi~ ~ ~ow Me To Cofifinue to bn ~is Bo~d as I f~! the s~m~ p~l* ~dus~ ~s Qu~ifi~ input.. I f~l I haw SC~cd Thc contmaion ~~ Bo~d to Thc ~ Of My ~iliW. ~d would Like Vc~ MuCh to Cont~ue to ~ ~ but I '~d~d T~t thc ~nditions of a new tc~ my be ~v~ ~ I May ~ i~ ~po~t~ for another te~m .. ,, Thank you For Thc OppotU[fity to~ Submit This Iaformatio~. Richard E. ,loslbi Ir. RP0053027 Collier. County Board of CommLdoners mswks, d.gj EXECUTZVE SUMMARY A RESOLUTION TO ESTABLISH THE FI.RE AND EMERGENCY MEDICAL SERVICES ADVISORY COMMITTEE. OB3ECTIVE: That the Board of County Commissioners consider the adoption of a resolution to establish the Fire and Emergency Medical Services Advisory Committee. CONSIDERATIONS: The Board of County Commissioners has expressed a desire to create an ad hoc advisory committee to establish a forum for discussion among the dependent and independent fire districts and Emergency Medical Services, and to identify the future needs of the County's fire districts and Emergency Medical Services. The Fire and Emergency Medical Services Committee is to be composed of a representative recommended by each fire district and appointed by the Board of County Commissioners. The Board of County Commissioners shall elect a County Commissioner as the Chair of this Committee. In accordance with Collier County Ordinance No. 200!-55, the term of this Committee will not exceed 3 years, unless the Board of County Commissioners extends the Committee's term. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution establishing the Fire and Emergency Medical Services Advisory Committee, and authorize the Chairman to execute the Resolution. ' ' ~." -~--~ · .... --": - . Date: Approved by: ,. , ., .~]:M MUDD County Manager RESOLUTI'ON NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMZSSIONERS TO ESTABLISH THE FIRE AND EMERGENCY MEDICAL SERVICES ADVISORY COMMZTTEE; PROVID]NG FOR CREATION AND PURPOSE; PROVIDZNG FOR TERMS OF OFFICE, APPOINTHENT OF HEHBERS, DESIGNATION OF A LIAZSON, AND FAILURE TO AI'~END MEETINGS; PROVIDING FOR OFFICERS, QUORUM AND COMPENSATION; PROVIDING FUNCTIONS POWERS AND DUTIES; AND PROVIDING FOR D]~SSOLUTION OF THE COMMITTEE. WHEREAS, the Board of County Commissioners has expressed a desire to create a Fire and Emergency Medical Services Advisory Committee to provide coordination between the County, the County's dependent and independent fire districts, and Emergency Medical Services to effectively plan for the future needs of County residents. NOW, THEREFORE, BE ~ RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Creation and Purpose of the Fire and Emergency Medical Services Advisory Committee. Pursuant to the provisions of Collier County Ordinance No. 2001-55, the Board of County Commissioners hereby establishes the Fire and Emergency Medical Services Advisory Committee (the "Committee") to assist the County's fire districts, both dependent and independent, and Emergency Nedical Services in the implementation of a plan for greater efficiency and services to meet the future needs of residents of Collier County. SECTION TWO: Terms of Office; Appointment of Members; and Failure to Attend Meetings. The Committee is hereby created as an ad hoc Committee for a period to expire three years from the date of this Resolution. Membership of the Committee shall be sought and appointed in accordance with Collier County Ordinance No. 2001-55 or its successor ordinance, and shall serve the full three-year term under the ordinance. The Committee members shall consist of one County Commissioner and one selected representative from the elected body of each fire district. The County Manager shall select a staff liaison to attend the Committee meet. ~gs and assist the Committee. The members shall serve at the pleasure of the Board of County Commissioners. if an appointed representative is not able to attend the meetings in accordance with the provisions of this Resolution, the affected fire district shall recommend to the Board of County Commissioners a replacement representative. if any member of the Committee is absent from two (2) or more consecutive meetings without a satisfactory excuse, such member's position may be declared vacant by the Board of County Commissioners as prescribed by Collier County Ordinance No. 200:1-55, as amended or its successor ordinance. MAY 2 SECT[ON THREE: Officers; Quorum; and Compensation. The Board of County Commissioners shall elect a County Commission member to act as the Chair of this Committee. Upon Board of County Commissioners approval, the Chair may serve in an on-going capacity. The remaining officers of the Committee shall be elected by the membership of the Committee and shall include a Vice-Chair and a Secretary. The presence of a majority of the voting members shall constitute a quorum. The Committee shall adopt rules and procedures for the transaction of business and shall keep records of meetings, findings and determinations. The members of the Committee shall serve without compensation, but may be reimbursed for travel, mileage and/or per diem expenses only if approved, in advance, by the Board of County Commissioners. SECT[ON FOUR: Functions, Powers and Duties of the Committee. The functions, powers and duties of the Committee shall be: A. To provide a forum for discussion of ideas and to further implement the goals of the fire districts and Emergency Medical Services. B. To guide the fire districts and Emergency Medical Services to work in a more cohesive manner. C. To periodically inform the County Commission regarding ongoing issues and activities of the fire districts as well as Emergency Medical Services. D. To make recommendations to the Board of County Commissioners in order to assist the fire districts and Emergency Medical Services with meeting their future needs. All meetings shall be open to the public and shall be governed by the Florida Government in the Sunshine Law. All meetings shall be held after reasonable public notice is provided as to the location, time and subject matter of the meetings. SECT[ON FIVE: Dissolution of Committee. At the conclusion of three (3) years from the date of this Resolution, the Committee's services shall be dissolved; however, if by resolution the Board of County Commissioners extends the term of the Committee, dissolution shall occur at the end of the extended term. This Resolution adopted after motion, second and majority vote. DATED: A'I-rEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLOR[DA Approved as to form and legal sufficiency: ~id C. Weigel County Attorney By: TON HENNING, Chairman z ! 2003 . EXECUTIVE SUMMARY APPOI2qTMENT OF MEMBER(S) TO THE COMMUNITY CHARACTER/SMART GROWTH ADVISORY COMMITTEE OBJECTIVE: To appoint 4 members to serve 1 year terms, expiring on June 26, 2004, on the Community Character/Smart Growth Advisory Committee. CONSIDERATIONS.: This 12 member, plus I Commissioner committee was established for a 2 year term on June 26, 2001 by Ordinance No. 2001-41 to assist staffwith the in~plementation of the Community Character Plan through amendments to the Collier County's Growth Management Plan, Land Development Code and other smart growth concepts. The members shall be selected fi:om a broad base of citizens and disciplines including 2 development representative or experts in the fields of architecture, landscape architecture, land use or transportation planning, 2 environmental representatives, 8 community leaders (civic, homeowner associations, presidents and directors with interest or expertise in the fields of architecture, landscape architecture, land use or transportation planning) or citizens. A list of the current membership is included in the backup. On April 22, 2003, the Board of County Commissioners adopted Resolution No. 2003-165 extending the term of the Community Character/Smart Growth Advisory Committee for 1 year, expiring on June 26, 2004. Mr. Michael R. Bauer and Mr. Gordon R. Watson resigned in March 2003 and Ms. Ellin Goetz and Mr. William V. West, Jr. have indicated that 'they are not interested in extending their terms, which leaves 4 vacant positions. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIS_..__T.T ELECTOR ADV. COMM. Dwight Oakley Architect 4 Yes None Bradley Cornell Environmentalist 2 Yes None Thomas "Chad" Lund Commercial Developer 3 Yes None Gavin Jones Transportation Planning 1 Yes None COMMITTEE RECOMMENDATION: Dwight Oakley Bradley Comell Thomas "Chad" Lund Gavin Jones FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 4 members, and direct the County Attorney to prepare a resolution confu'ming the appointments. ' AGENDA ITEM Prepared By: Sue Filson, Executive Manager Board of County Commissioners ~'.'~ :,,'! '2 ? /.-'-'~ '4 May 21, 2003 Ms. Sue Filson Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 SL33JECT: Community Character/Smart Growth Advisory Committee Dear Ms. Filson: At the May 21, 2003 Community Character/Smart Growth Advisory Committee meeting, the committee discussed and voted on its recommendations to the BCC for new members. The committee would like to recommend that the Board of County Commissioners appoint all 4 applicants as new committee members to fill the required vacancies. The applicants are, with respective categories: 1. Dwight Oakley - Architect 2. Brad Cornell - Environmentalist 3. Chad Lund - Developer 4. Gavin Jones - Civil Engineer Thank you for your assistance in this matter. Sincerely, .~ .... Commissioner Tom Henn~if~~ Board of County CommisMoners BCC Liaison to CCSGAC TH:mst Smart Growth Advisory Committee Name Work Phone Appt'd ExTa. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. R. Bruce Anderson 597-2814 1670 Crayton Road Naples, FL 34102 District: 4 Category: Development Representative 09/11/01 06/26/03 2 Years 04/22/03 06/26/04 1 Year Mr. Robert P. Murray 01/14/03 9087-1 Michael Circle 417-9915 04/22/03 Naples, FL 34113 District: l Category: Economic Development/Civic Activist Mr. Michael R. Bauer ~ .-~ 348-9151 109 Debron Drive t.~. go 530-0061 Naples, FL 34112 District: 1 Category: Environmental/Land Use ' Ms. Ellin Goetz ~ x"e.~~°~ 643-0077 439 3rd Avenue, North /x ~'~ 263-6147 Naples, FL 34102 District: 4 Category: Architecture/Urban & RuralDesign & Landscape/Commu 06/26/03 06/26/04 Mr. James I. Lucas 2671 Citrus Lake Drive, #201 Naples, FL 34109 District: 3 Category: Community Leadership 6 mo 1 Year 09/11/01 06/26/03 2 Years 09/11/01 06/26/03 2 Years 06/26/03 06/26/04 09/11/01 591-8850 04/22/03 Mr. Mark B. Morton 403-6725 2233 Clipper Way 643-7781 Naples, FL 34104 District: 4 Category: Development Representative 2 Years I Year 09/11/01 06/26/03 2 Years 04/22/03 06/26:04 I Year Thursday, Aprd 24, 2003 Page 1 of 3 Smart Growth Advisory Committee Name Work Phone Appt'd Ext~ Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Dwight E. Richardson 725 101 st Avenue, N. Naples, FL 34108 District: 2 Category: Civic Activist 01 / 14/03 06/2 6/03 594-5341 04/22/03 06/26/04 Ms. Patricia Pochopin 4516 Parrot Avenue Naples, FL 34104 District: 3 Category: Community Leadership 6 mos I Year 774-8333 09/11/01 06/26/03 2 Years 643-7580 04/22/03 06/26/04 1 Year 01/14/03 06/26/03 6 mos 04/22/03 06/26/04 1 Year Mr. Gary A. Davis 4034222 2201 Forrest Lane 261-2584 Naples, FL 34102 District: 4 Category: Environmental Representative 597-5906 435-9495 434-5523 254-7744 513-0941 01/14/03 06/26/03 04/22/03 06/26/04 6 mos 1 Year 09/11/01 06/26/03 2 Years Ms. Susan W. McCampbell 1880 Crestview Way Naples, FL 34119 District: 3 Category: Citizen/Urban Planner Mr. Gordon R. Watson 2621 Windward Way ¢¢~,~ Naples, FL 34103 District: 4 Category: Community Leadership t Mr. William V. West, Jr. 5703 Drummond Way Naples, FL 34119 District: 3 Category: Community Leadership 09/11/01 06/26/03 2 Years Thursday, .4pre 24, 2003 Page 2 of 3 Name Mr. Tom Henning 3301 E. Tamiami Trail Naples, FL 34112 District: 3 Category: Commissioner Smart Growth Advisory Committee Worl~ Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 774-8393 09/11/01 06/26/03 2 Years 04/22/03 06/26/04 1 Year This 12 member, plus 1 Commissioner committee was established on June 26, 2001 by Ordinance No. 2001-41 to assist staff with the implementation of the Community Character Plan through amendments to the Collier County's Growth Maoagement Plan, Land Development Code and other smart growth concepts. The members shall be selected from a broad base of citizens and disciplines including 2 development representative or experts in the fields of architecture, landscape architecture, land use or transportation planning, 2 environmental representatives, 8 community leaders (civic, homeowner associations, presidents and directors with interest or expertise in the fields of architecture, landscape architecture, land use or transportation planning) or citizens. FL STAT Staff.. Stan Litsinger, Comprehensive Planning Manager: 403-2408 Thursday, April 24, 2003 Page 3 of 3 MEMORANDUM DATE: May 9, 2003 TO: FROM: Elections Office ~ Sue Filson, Executive Manager x/~ Board of County Commissioners' RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuaLq for appointmem to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. SMART GROWTH ADVISORY COMMITTEE Dwight Oakley 340 Carnaby Court Naples, FL 34112 COMMISSION DISTRICT Bradley Comell 556 109th Avenue, North Naples, FL 34108 Thomas "Chad" Lund 6720 Hunters Road Naples, FL 34109 Gavin Jones 168 Palm Drive #2 Naples, FL 34112 Thank you for your help. MEMORANDUM DATE: TO: FROM: May 9, 2003 Sam Tucker, Executive Aide toB~ Sue Filson, Executive Manager ~rA Board of County Commissionerse~° Smart GroWth Advisory Committee As you know, we curremly have 4 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: Dwight Oakley 340 Carnaby Court Naples, FL 34112 Bradley Comell 556 109m Avenue, North Naples, FL 34108 Thomas "Chad" Lund 6720 Hunters Road Naples, FL 34109 Gavin Jones 168 Palm Drive #2 Naples, FL 34112 Please let me know, in writing, the recommendation for appointmem of the advisory committee within the 41 day time-flame, 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 AR~hme~s 05/08/2B03 14:13 9412~27693 oiti~ Com~, ~ 1 BO: I AI~i~a~iou R~ Advi~'y Commi~.4~/Boards 81 Application fi)r Advisory Committe~/Boards Are you n ~te~ voter in CoUer Coun~: ~ you ~eut~ hold publk o~ce Do you now me.c, or bare you ever se~ed, on P~le Iht yoar communi~ ifflvlflel (e~ic clubs, neighb~rb~ associations, etc.) qomm held: Education:_ . _ / P~ I oil Page 1 of 2 filson_s From: Sent: To: Cc: Brad and Martha Miller Cornell [millercomell~mindspring.corn] Sunday, May 04, 2003 10:12 PM Sue Filson Tom Henning Subject: Application for Community Character/Smart Growth Advisory Comm ix--'] collier county Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 board meeting Application for Advisory Committee/Boards Name:[ Bradley Cornell Home Address: [ 556 109th Avenue Fax 1592-7805 [Business No. [(call first) ~'hone: Business: I Environmental Policy ^ Board or Committee Applied for: Catagory (i/applicable): I Home Phone: 1239-592-7805 North I Zip Code: ]34108 643-7822 e-mail millercomell~mindspring.com address: aalyst, Collier County Audubon Society Community Character/Smart Growth Advisory Comm. I District 2, ;nvironmentalist Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes lYes No t Do you currently hold public office ? Yes I [No No If so, what is that office ? t I Do you now serve, or have you ever served, on a Collier County board or Committee? if yes, please list the committees/boards: IAdvisory Committee Yes ~-~No ~ Environmental Policy Technical Advisory Board; Landfill Sitin~ Please list your community activities (civic clubs, neighboorhood associations, etc.) and positions held: [Past president, secretary and conservation chair for Collier Audubon Society; I Founding board member for Friends of the Florida Panther Refu~e~ current board member for I Audubon of Florida; co-chair for the Calusa Regional Conservation Committee. Education: I Bachelor of Music in Trombone, Oberlin College 1981; Master of Music in [I'rombone, niv. of Texas at Austin 1986 Experience: I Environmental Policy Analyst for Collier County Audubon Soci{ty, ]presenti [ Music Librarian for the Naples Philharmonic Orchestra, 1992-2002; Trombonist 5/5/2003 Page 2 of 2 Naples Philharmonic Orchestra, 1991-2001; Departmental Assistant in Inteflibrary Loan, Northwestern Univ 1989-1992; Trombonist and music teacher in Austin and Midland, Texas and Chicago, Illinois' ~om 1981-1988. Please attach any a_d_~ional information you feel pertmen~ This application should be forwarded to Sue Filson, Executive Manager to the Bot~'d of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. If you wish, please fax your application to (941)774-3602 or e-mail to suefilson(~colliergov, net. Thank you for volunteering to serve the citizens of Collier Count. Return to Top Print this Page Collier County Home 5/5/2003 Ac~rqDA ITEM . pg. /o .__ 2003 7:±SAM L~ND CAPITAL ..... ~ · u. OUP !~o,0870 r. 2 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (*239) 774-3602 Application for Advisory Committee/Boards Name: Thomas "Chad" Lurid ltome Phone: Home Address: 6720 I-Iun~ers Road. Naples, FL Zip Code: FaxNo. 239-213-1940 Busina~sPhone: 239-213-1600 e-mail address: Business: Lund Capital Group Board or Committee Applied for: Smart Growth 'Advisory Committee Category (Va, t,pt/catu~l: Commercial Property Owner and Commercial Developer Example: Commission Di.s~ct, Developer, environmcntalis% lay person, em 239-593-0909 34109 ch ad@lund, qa~pital ,corn Are you a registered voter in Collier County: Yes X No Do you currently hold public office ? Yes _,No X If so, what ~ that office ? Do you now serve, or have you ever served, on a Collier,County board or Commi~? No If yes, please list the committee~fboard.q: Please list your community activities (civic clubs, neighborhood associations, etc.) and ~ositions held: Sham King Scholarship Fund -President Collier Park of Conunercc Owners' Assn. - Vice President Economic Development Council -Foundation for the Future Miracles on the March -Board Member Habitat for Humani _ty Collier Builder Industry Assn. - Member Praise and Leadership Academy- Board Member Education: Experience: Bac,.elor of Science - Bradley Umversiw Our family office owns approximately 450,000 sq. fl. of commercial flex office and warchouae space w/thin Southwest Florida. We hav~ approximately 28 acres of commercial land to develop as well.. Being a landlord of nearly 200 tenants in the trades and various other industries such as Dominion Video and Satell~let..~_d Arthrax. I cxp~ence the needs of the business community on a much brOlad~,~GE/ b.as._e, than the average person mi_g~__t,. As well as serving as Vice President[or Colher Park 0 f Commerce Owners Assn., I represent other owners' nccalg wittxi;n. our community. 3301 East Tamiami Trail Naples, FL 34112 · . (239) 774-8097 Fax: (239) 774-3602 ' ..' - Application for Advisory Committee/Boards Name:t Gavin Jones Home Address: i 168 Palm Drive #2 Fax 263-6465 Business No. Phone: Business: I WilsonMiller l 63-6464 013 I Home Phone: [775-6026 i Zip Code: I34112 e-mail gavinjones@wilsonmiller.coi~;, address: , Board or Committee Applied for: !Smart Growth Advisory Committee Catagory (ifappl~,,bte): I Development/transportation planning expert OR Community Leader Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes Do you currently hold public office ? Yes If so, what is that office ? 'No ix Do you now serve, or have you ever served, on a Collier County board tX or Committee? Yes If yes, please list the committees/boards: i Tamiami Trail Corridor Advocacy Group, Tamiami Trail ~Corridor Management Entity, Community Traffic Safety ~eam. Please list your community activities (civic clubs, neighboorhood associations, etc.) and positions held: · Board member (Immediate Past President) of Professionals Organized! for Leadership and Opportunity (P.O.L.O.) Club of Collier County. Secretary of the South by Southwest Chapter of Mensa. President of Keep Collier Beautiful. Treasurer of the Homeowners Association of Sunrise III Condominiums. Education: Bachelors Degree in Civil Engineering and Masters Degree in Transportation Enc, lineedng, University of Toronto. pl~l~fil ~.~ r~M Experience: t 10 years experience in public and private sector transportation ........ PR engineering. Former staff director of the Collier County Metropolitan Planning ,Organization (MPO). Licensed Civil Engineer in the State of Flodda. Member of ~he Amedcan Institute of Certified Planners (AICP). Please attach any additional information you feel peranent. This application should be forwarded to Sue Fiison, Executive .~lanager to the Board of Coun.tv Commissioners, 3301 East Tamiami Trail, Naples, b~L 34112. If you wish, please fax your application to (941) 774-3602 or e-mail to suefilson~colliergov, net. Thank you for volunteering to serve the citizens of Collier Return to Top Print this Pa,qe Collier County Home A6ENDA ITEM GAVIN JONES, P.E., AICP Transportation Planner/Engineer EDUCATION Master of Applied Science Tmnspertation Engineedn. g University of Toronto Bachelor of Applied Science Civil Engineering University of Toronto PROFESSIONAL REGISTRATION Professional Engineer, FIodda American Institute of Certified Planners CERTIFICATIONS AND TRAINING FSUTMS DRI Modeling, 2002 Land Use Modeling, 2002 Synchro and Sim Traffic, 2001 Highway Capacity Analysis, 2001 Traffic Network ('rransyt 7F) Study Seminar, 2001 PROFESSIONAL AFFILIATIONS Institute of Transportation Engineers member #34254; Vice President of Southwest Florida sub-chapter of ITE; Organized the Transportation Planning Council session at the 2002 Flodda Section ITE summer meeting; Amedcan Planning Association member #113394. COMMUNITY ACTIVITIES Officer of Professionals Organized for Leadership and Opportunity (POLO) Club of Collier County; Officer of the South by Southwest Florida Chapter of Mensa; Officer of Keep Collier Beautiful. Iitfith more than 9 years of planning and engineering experience, Mr. Jones serves as a planner with WilsonMiller's Transportation Division. As such, he prepares design traffic volumes, recommends intersection geometries, arid evaluates potential development impact on roadways. As the immediate past staff director for the Collier County Metropolitan Planning Organization, he was responsible for directing all long-range transportation planning activities, transportation concurrency management, operation of the Transportation Disadvantaged system, and startup of the public transportation system in Collier County. Prior to that, Mr. Jones worked in the private-sector where he participated in a wide variety of transportation planning projects. Mr. Jones is both a Florida-registered Professional Engineer and a member of the American Institute of Certified Planners. PROJECT EXPERIENCE Reqional Transportation Plannincl 2025 Long Range Transportation Plan Update, Collier County, Florida - MPO project manager for the update of the Long Range Transportation Plan. Prepared new land use data sets for traffic simulation modeling. Participated in public involvement events. Used VIPER software to efficiently identify improvements needed to develop the 2025 Needs Network. Developed the 2025 Financially Feasible Plan. Public Transportation Operation Plan, Collier County, Florida - MPO project manager for the operational plan for the startup of a public transportation system in Collier County. Recommended vehicle type, route and stop locations, hours of service, and proposed fares. Participated in public involvement events. Public Transportation Development Plan, Collier County, Florida - MPO project manager for the study that identified key trip production and attraction areas for public transportation within Collier County and funding sources. Congestion Management System, Collier County, Florida - MPO project manager for the development of a system to identify key road s ;gments whose performance could be improved with operational enhancements. Concurrency Management, Collier County, Florida - prepared annual short-term projections of traffic volumes on major county roads and revised level of sen/ice deficiency year predictions, which guided the formulation of the county's capital improvement :- ........ -~l .,~-~*~, nff le Unfunded program for roads and the!~r-~,~E~[~.r, rl~--- Priorities list. NO. ? ~'- __ ,t ? 2092 GAVIN JONES, P.E., AICP Transportation Planner/Engineer Level of Service Volume Update, Collier County, Florida - MPO project manager for updating the service volumes used to establish operating levels of service on county roads. Worked with all affected agencies to establish the assumptions used in the calculation of new service volumes. Growth Management Plan Transportation Element, Collier County, Florida - responsible for annual updates to the Transportation element to preserve consistency with the MPO's Long Range Transportation Plan, update road need maps, and modify goals objectives and policies. Geographic Information System (GIS) Deployment, Collier County Florida - brought historical MPO transportation data into a GIS environment, which pen~itted the creation of user-friendly graphics for public involvement work. Local Transporta#on Planninq Traffic Impact Statements, Lee County, Florida - evaluated the potential impacts on adjacent artedal roadways of vanous projects in Lee County, the largest being Tesone, a mixed-use planned development involving 1,400 dwelling units and 90,000 square feet of commercial space. This analysis involved modifying both the land use files and the network of the FSUTMS traffic simulation model to distribute project tnps. A spreadsheet was created that instantaneously quantified individual road segment impacts for different project land use combinations. Qualified as an expert witness to provide testimony to the Lee County Hearing Examiner. Traffic Impact Statements, Collier County, Florida - evaluated the potential impacts on adjacent arterial roadways of various projects in Collier County, including a golf course, a university, and a PUD involving 590 dwelling units. Pelican Marsh Boulevard Signal Warrant Study, Collier County, Florida - analyzed traffic volume and stopped vehicle delay data to vedfy compliance with signal warrant thresholds as specified in the Manual of Uniform Traffic Control Devices. Vanderbilt Drive Corridor Study, Collier County, Florida - gathered data and utilized Highway Capacity Manual techniques and software to establish existing levels of service on study area road segments. Prepared study area wide and individual road segment performance n', ~asures for comparing multiple future study area roadway configurations. This work involved updating the FSUTMS zonal data projections to better reflect historic development activity. Rural Lands Area Assessment, Collier County, Florida - prepared FSUTMS zonal data sets to reflect multiple land use scenarios. Used FSUTMS to estimate total vehicle miles traveled ~neda tsCut rael ~ ~ fh ieC~ cht i°vU~ ~~'~!~;~s~% nS~gr ir~se.~ i~s GAVIN JONES, P.E., AICP Transportation Planner/Engineer work provided an estimate of the optimal mixture of residential and commercial land uses within the study area that minimized vehicular travel. Santa Barbara Boulevard Six4ane Design, Collier County, Florida - prepared design traffic volumes for the opening and design years of a proposed six-lane corddor in Collier County, recommendea design year intersection geometries using Synchro analysis software, and recommended opening year timing plans for all signalized intersections in the five-mile corridor. Quantified the cost of lost time in delay for different intersection geometries. Developed signal support alternatives. Estimated level of service deficiency years at corridor intersections in the absence of additional through lanes. Summerfin Road Access Management Report, Lee County, Florida - developed future traffic volumes using the Lee County MPO's traffic simulation model, land use information, and traffic volume growth trends as part of an access management alternatives analysis. Loma Linda University and Medical Center Parking Study, Loma Linda, California - established current parking supply usage patterns and made recommendations to ensure adequate supply in peak periods. California State University Sacramento Campus Transportation Plan, Sacramento, California - supervised the first use by the company of optically recorded survey instruments for a travel patterns and attitudes survey. Prepared the survey instrument and digitized and analyzed the results. Supervised turning movement and parking data collection. Special Projects Land Use Density/Transportation Connection, Collier County, Florida - demonstrated the effect on traffic congestion at key intersections of vadous proposed land use density reduction policies. Interim Year Traffic Simulation Modeling Socioeconomic Data Set Development, Collier County, Florida - developed an innovative method for preparing interim year socioeconomic data sets for use in traffic simulation modeling. The method preserves a desired control total for population or total employment, relies on empirical evidence for growth trenus, and builds out more desirable traffic analysis zones sooner. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS INDICATE INTENT TO RENEGOTIATE AND APPROVE A COUNTY ATTORNEY EMPLOYMENT AGREEMENT WITH COUNTY ATTORNEY DAVID C. WEIGEL. OBSECTIV, E: That the Board of County Commissioners indicate its intent to renegotiate and also approve a County Attorney Employment Agreement with County Attorney David C. Weigel. CONSIDERA FIONS: David C. Weigel has been employed as the County Attorney since 1995, having been employed as Assistant County Attorney in 1985, and Chief Assistant County Attorney from 1988- 1995. The present Employment Agreement in place with Mr. Weigel and Collier County, the Amended and Restated County Attorney Agreement dated October 9, 2001 shall expire September 30, 2003 unless it is extended or renegotiated as provided for in the Agreement. A new Employment Agreement is proposed for David Weigel with minimal changes. The proposed Agreement will have a term of four (4) years from September 30t~, this year to run through September 30, 2007. The Agreement provides some revisions that more closely follow terms of the County Manager Employment Agreement: Term life insurance is provided rather than whole life insurance; a universal leave account is established starting with this Agreement; dental insurance is added to the insurance benefits provided by the County. The proposed Employment Agreement does not change the current base salary of Mr. Weigel; there shall occur an annual salary review in October, 2003 (the traditional time) and in October in succeeding years. Clarifying language is provided regarding Mr. Weigei being classified as a Senior Management Service Class Employee since October, 1998 and thereafter. FISCAL IMPACT: No salary change, small additional dental premium, Senior Management Service Class payments that are presently made for the County Manager, Assistant County Manager, Division Administrators and the Chief Assistant County Attorney. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners: (1) advise the County Attorney of its intent to re-negotiate his Agreement; (2) review the proposed Agreement and re-negotiate or approve the proposed Agreement with any re-negotiated changes to become effective May 27, 2003; (3) authorize the Chairman to sign the new County Attorney Employment Agreement and the Chairman/staff to sign and process necessary forms for the Division of Retirement. SUBMITTED BY: ~.s _~t _ '1 David C. Weigel, County Attorney ~ - ounty /~Tom He~'ning, Chairman, Board Commissioners DATE: DATE: Iq,Ay 2 ? 2003 COUNTY ATTORNEY EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this 27t~ day of May, 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners (hereinafter referred to as "COUNTY") and DAVID C. WEIGEL (hereinafter referred to as "EMPLOYEE") both of whom understand as follows: WITNESSETH: WHEREAS, from 1988 to 1995 David C. Weigel served Collier County as its Chief Assistant County Attorney and since October 1995 as the County Attorney, and has demonstrated the professional, legal and administrative competence desired by the COUNTY as its County Attorney; and WHEREAS, the COUNTY desires to continue to employ the services of EMPLOYEE as County Attorney of Collier County; and WHEREAS, EMPLOYEE desires to continue his employment as County Attorney of Collier County; and WHEREAS, it is the desire of the COUNTY (1) to secure and retain the services of EMPLOYEE and to provide inducement for him to remain in such employment; (2) to make possible full work productivity by assuring EMPLOYEE's morale and peace of mind with respect to employment security; and (3) to provide a specific term for the employment with a just means for terminating EMPLOYEE's services. WHEREAS, EMPLOYER and EMPLOYEE agreed and entered into a COUNTY ATTORNEY EMPLOYMENT AGREEMENT dated October 20, 1998 and an AMENDED AND RESTATED COUNTY ATTORNEY EMPLOYMENT AGREEMENT on October 9, 2001: and WHEREAS, EMPLOYER has determined to continue the employment of EMPLOYEE for a period of four (4) years beyond the October 3, 2003 date of expiry of its current Employment Agreement with EMPLOYEE. NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth and for other such good and valuable consideration, the receipt of which the parties hereto expressly acknowledge, the parties covenant and agree to the following terms and conditions: Section 1. Duties: EMPLOYEE is hereby employed as, and shall have the authority, duties and responsibilities of, County Attorney for Collier County. EMPLOYEE shall act as chief legal counsel to the Board of County Commissioners (Board) and shall provide legal representation and advice to the Board and, as appropriate, the County Administrator and County staff. EMPLOYEE shall report directly Page I of 7 to the Board and shall have sole responsibility for the employment and management of the legal staff and operation of the County Attorney's Office. Section 2. Term of Employment: A. EMPLOYEE agrees to remain in the exclusive employ of COUNTY for a period of Four (4) years beyond the September 30, 2003 expiry date of the COUNTY ATEORNEY AMENDED AND RESTATED EMPLOYMENT AGREEMENT dated September 30, 2003, and to neither accept other employment nor to become employed by any other employer until termination of employment pursuant to this Agreement. The term of this Agreement runs from May 27, 2003 through September 30, 2007. B. Nearing the conclusion of the employment period stated herein, this Employment Agreement may be re-negotiated by the COUNTY. The EMPLOYEE shall be given one hundred eighty (180) days notice of Board's intent to re-negotiate the Agreement or to allow the Agreement to expire without re-negotiation. In the event the Board's notice is not to re-negotiate but for the Agreement to expire, no salary and deferred compensation severance payment nor insurance benefits shall be provided EMPLOYEE or his dependents upon the expiration of the Agreement. Elements of this Agreement may be changed at any time when mutually agreed upon by the COUNTY and the EMPLOYEE. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the COUNTY to terminate the services of EMPLOYEE at any time, subject only to the provisions set forth in Section 4 of this Agreement. D. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the EMPLOYEE to resign at any time from his position with COUNTY, subject only to the provisions set forth in Section 5 of this Agreement. Section 3. Salary: A. COUNTY agrees to pay EMPLOYEE for his services rendered pursuant hereto an annual base salary of $147,966.00 payable in biweekly installments. B. COUNTY agrees to increase said base salary and/or benefits of EMPLOYEE in such amounts and to such extent as the COUNTY may determine that it is desirable to do so on the basis of an ann ~al salary review of said EMPLOYEE. The annual salary review/evaluation in calendar year 2003 shall occur on or around the month of October, 2003. Thereafter, the annual salary review/evaluation shall occur in October of each calendar year. An annual salary increase under this provision shall be no more than four percent (4%). C. On the date that general wage adjustments (i.e., cost of living adjustments, special study pay adjustments, etc.) are granted generally to Collier County employees, EMPLOYEE's base salary shall be modified to reflect the general wage adjustment granted to other County employees. Page 2 of 7 MAY 2 ? 2003 Section 4. Termination and Severance Pay; A. COUNTY may terminate the employment of EMPLOYEE during the pendency of this Agreement as follows: 1) In the event that EMPLOYEE is convicted of any felony or of any crime involving moral turpitude, COUNTY may terminate EMPLOYEE without notice and without any obligation to pay the severance pay designated in this Section. 2) Except as set forth in Subsection 4(A)(1) above, in the event the COUNTY desires to terminate EMPLOYEE during such time that EMPLOYEE is willing and able to perform the duties of County Attorney, COUNTY may do so only in the following manner: a) A resolution of intent to terminate EMPLOYEE shall be adopted by an affirmative vote of three fifths of the entire membership of the Board only after said resolution has been placed on the agenda of a regularly scheduled Board meeting and where said agenda item has been included as a part of the published agenda of the Board meeting. b) Upon adoption of a resolution of intent to terminate EMPLOYEE, the Board may consider the adoption of a resolution terminating EMPLOYEE at a regularly scheduled meeting of the Board not less than fourteen (14) days thereafter. The resolution terminating EMPLOYEE shall require an affirmative vote of three fifths of the entire membership of the Board for adoption. In the event of termination, such termination shall be effective at such time and upon such conditions as may be set by the Board in the resolution terminating EMPLOYEE. B. In the event of termination in accordance with the procedures set forth in Subsection 4(A)(2), COUNTY agrees to pay EMPLOYEE, in addition to any amounts then due EMPLOYEE, a lump sum cash payment equal to six (6) months aggregate salary and deferred compensation within ten (10) working days after the effective date of termination. EMPLOYEE shall also be compensated for all vacation, sick leave, universal leave, holidays, and other accrued benefits to date. EMPLOYEE's individual health, dental and term life insurance and dependent health insurance benefits shall be provided for a period of six (6) months after termination. Section 5. Resi~nati n In the event EMPLOYEE voluntarily resigns his position with COUNTY, before expiration of the aforesaid term of his employment, the EMPLOYEE shall give COUNTY sixty (60) days notice in advance. If EMPLOYEE voluntarily resigns, providing COUNTY with less than sixty (60) days notice, EMPLOYEE shall forfeit any payment for accrued leave otherwise due and owing. MAY 2 ? 20C-3 Page 3 of 7 Section 6. Disability If EMPLOYEE is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four (4) successive weeks beyond any accrued sick leave, COUNTY shall have the option to terminate this Agreement, subject to the severance pay requirements of Section 4. Section 7. Automobile and Cellular Phone Allowance COUNTY shall provide a car and cellular phone allowance of $400 per month to the EMPLOYEE, payable in biweekly installments. Said allowance shall be intended to reimburse him for local travel only, defined as travel within Collier County. All travel outside of Collier County shall be reimbursed at a cents per mile rate equal to the Florida Statutory allowable rate then in effect. Section 8. lnsurance~ Vacation~ and Sick Leave A. COUNTY agrees to maintain in force for EMPLOYEE all health, life insurance or other insurance policies provided by COUNTY to its other employees. B. EMPLOYEE shall be credited with a carryover of his accrued vacation days and accrue vacation and sick days from the effective date of this Agreement that accrue into a universal leave account. EMPLOYEE shall accrue to his universal leave account an additional thirty (30) days per year, not including County holidays, on a monthly basis of two and a half (2.5) days per month. EMPLOYEE is highly encouraged to utilize his universal leave days not only for the EMPLOYEE's individual health and welfare, but also for the increased effectiveness and efficiency of the County as a whole. Unused universal leave will be paid at EMPLOYEE's current rate of salary upon termination, resignation or contract expiration. C. COUNTY agrees to put into force and to make required premium payments for EMPLOYEE for insurance policies for life, accident, disability income benefits, major medical, and dental, and dependent's coverage group insurance covering EMPLOYEE and his dependents. Term life insurance for EMPLOYEE shall be provided at a level of three times (3x) EMPLOYEE's annual base salary. Disability insurance income benefits shall be at fifty percent (50%) of EMPLOYEE's annual base salary. EMPLOYEE shall continue to have the option of participating in the County Leave Bank. D. All EMPLOYEE's sick leave days accrued prior to the effective date of this Agreement shall continue to exist, be credited, valued and administered by the County policy in effect herebefore. E. All provisions of law and regulations and rules of the COUNTY relating to vacation and sick leave, holidays and other fringe benefits and working conditions as they now exist, or hereafter may be amended, shall also apply to EMPLOYEE in the manner tha,t.,~,ply Page 4 of 7 MAY 2 ? 2003 to other employees of the COUNTY, in addition to benefits specifically enumerated in this Agreement. Section 9. Retirement COUNTY agrees to pay an amount equal to four percent (4%) of EMPLOYEE's annual base salary into a deferred compensation program, either NACO Public Employees Benefit Services Corporation or ICMA Retirement Corporation (as determined by EMPLOYEE) on EMPLOYEE's behalf, on the effective date of this Agreement and on the anniversary of said date thereafter, and to transfer ownership to succeeding employers upon EMPLOYEE's resignation or termination. Since October, 1998, EMPLOYEE has been and is designated as a Senior Management Service Class Employee and is entitled to the same retirement benefit system contributions as are provided to the County Manager. Section 10. Dues and Subscriptions COUNTY agrees that the public is served by EMPLOYEE's participation in professional organizations that enhance his professional development and in community organizations through which EMPLOYEE can enhance the level of service provided to the COUNTY and its citizens. COUNTY will budget for and pay for professional dues and subscriptions of EMPLOYEE necessary for his continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the COUNTY, including but not limited to: The Florida Bar Association; the Collier County Bar Association; the Florida Association of Counties; and, the Florida Association of County Attorneys. Section 11. Professional Development A. COUNTY agrees to budget for and to pay for travel and subsistence expenses of EMPLOYEE for professional and official travel, meetings, and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official functions for COUNTY, including but not limited to: lawsuits and meetings involving COUNTY; COUNTY project financial meetings including bond closings, etc. B. COUNTY agrees to budget fo and to pay for travel and subsistence expenses of EMPLOYEE for short courses, institutes, and seminars that are necessary for his professional development and for the good of the COUNTY. C. EMPLOYEE may use a COUNTY pool or rental car for out-of-county professional and business travel within Florida. All out-of-state travel not specifically provided for herein shall be pre-approved by the Board of County Commissioners. Reimbursement for out-of-county travel shall be as provided by Florida Statutes. - ~"q""~t~ · MAY ;; 2; 3 Page 5 of 7 Section 12. Indemnification In addition to that required under state and local law, COUNTY shall defend, save harmless, and indemnify EMPLOYEE against any tort, professional liability claim or demand or other legal action, including costs and attorney fees relating thereto, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of EMPLOYEE's duties as County Attorney. Section 13. Bonding COUNTY shall bear the full cost of any fidelity or other bonds required of the EMPLOYEE under any law or ordinance. Section 14. Other Terms and Conditions of Employment COUNTY, in consultation with the EMPLOYEE, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of EMPLOYEE, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement or any other law. Section 15. General Provisions A. The text herein shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of EMPLOYEE. C. This Agreement is a personal services contract and neither this Agreement nor EMPLOYEE's obligations under this Agreement are assignable. D. The AMENDED AND RESTATED COUNTY ATTORNEY EMPLOYMENT AGREEMENT effective October 9, 2001, providing for a contract term employment termination date of September 30, 2003 is superceded by this COUNTY ATTORNEY EMPLOYMENT AGREEMENT providing for contract term termination date of September 30, 2007, unless this Agreement is extended or renegotiated as provided herein. E. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. Page 6 ot 7 HAY 2 ? 2003 IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida has caused this Agreement to be signed and executed in its behalf by its Chairman, and duly attested by its Clerk to the Board, and the EMPLOYEE has signed and executed this Agreement, the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. TOM HENNING, CHAIRMAN WITNESSES: EMPLOYEE David C. Weigel Approved as to form and legal sufficiency: Ramiro Mafialich Chief Assistant County Attorney H: public/debbiea/agreements/2003/dcw contract Page 7 of 7 MAY 21 2003 EXECUTIVE SUMMARY BOARD DIRECTION RELATIVE TO A REQUEST FROM KENSINGTON PROPERTY OWNERS TO BE REMOVED FROM THE LIVINGSTON ROAD PHASE II BEAUTIFICATION MSTU OBJECTIVE: To provide direction to staff regarding the request of Kensington property owners to be removed from the Livingston Road Phase II Beautification MSTU boundaries. CONSIDERATIONS: Following receipt of the Notice of Proposed Taxes (TRIM Notice), numerous citizens expressed concerns regarding the proposed FY 03 Livingston Road Beautification MSTU tax levy. The Board of County Commissioners conducted a workshop regarding funding for median beautification and maintenance on September 5, 2002. Property owners impacted by this proposed tax levy provided the Board with valuable input and requested that the millage rate be reconsidered. Many property owners indicated they were unaware of the request to form the MSTU. However, it was also recognized that obligations had already been incurred on behalf of the MSTU for administrative expenses and for upgraded, decorative street lighting. The Board had previously approved advance funding for these expenses to be repaid from future MSTU taxes. At the final budget public hearing on September 18, 2002 the Board made the policy decision not to levy ad valorem taxes in the Livingston Road Phase II Beautification MSTU in FY 03. However, costs incurred for administration and decorative street lighting would be recouped in full with an FY 04 tax levy in this MSTU. Grey Oaks On December 17, 2002 Grey Oaks property owner representative Mr. Tor Kolflat presented a public petition to the Board of County Commissioners to request Grey Oaks removal from the MSTU. In addition, Grey Oaks Development Corporation committed to the Commission and the property owners to pay for the Grey Oaks' portion of the MSTU start up costs and for the pro-rata share of costs to provide decorative streetlights and provided an escroxv account with funds to pay Grey Oaks' share of costs incurred. As noted in the following analysis, the costs incurred to date for administration and for decorative streetlights amount to $253,583. Based on information provided by the Property Appraiser's Office, the Grey Oaks taxable value represents 53.09% of the total taxable value in the Livingston Road Phase II Beautification MSTU. Therefore, Grey Oaks' pro-rata share of the total costs incurred amounted to $134,627.21. On January 14, 2003 the Board approved an ordinance amendment removing Grey Oaks from the boundaries of the Livingston Road Beautification MSTU. MAY .003 Executive Summary Page 2 Kensington On April 22, 2003 Mr. Gerald Burns presented a public petition requesting that Kensington be excluded from the Livingston Road Beautification MSTU. It was indicated that an overwhelming majority of property owners within the Kensington development supported this public petition. The Board directed staff to bring back this item for further discussion at a future commission meeting. _FISCAL IMPACT.: The total c,',sts incurred in the Livingston Road Phase II Beautification MSTU amount to $253,583. The Kensington pro-rata share amounts to $63,998.91. Any remaining costs incurred will be recouped from an FY 04 tax levy from the properties remaining in the Livingston Road Phase II Beautification MSTU. Livingston Road MSTU Analysis Grey Oaks Taxable Value Kensington Taxable Value Wyndernere Taxable Value Miscellaneous Taxable Value Total Proportionate Taxable Value % of Total Shares $452,466,094 53.09% $134,618.29 $215,106,989 25.24% $63,998.91 $175,762,739 20.62% $52,293.15 $8,983,053 1.05% $2,672.65 $852,318,875 100.00% $253,583.00 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners: 1. Provide direction to staff regarding the Kensington petition to be excluded from the boundaries of the Livingston Road Beautification MSTU. 2. If the Board directs staff to proceed with excluding Kensington from this MSTU, further direction to staff would include authorizing the County Attorney to prepare and advertise an amendment to the Livingston Road Beautification Phase II MSTU to remove Kensington properties from the boundaries of the MSTU, adjusting the MSTU Advisory Committee to eliminate Kensington representation, and authorizing acceptance of a payment from Kensington for their pro-rata share j~ate: L//~7~3/~ ~ SUBMITTED BY: _[4~ ~/lichael Smykowski, OMB Director APPROVED BY: James V. Mudd, County Manager Date: EXECUTIVE SUMMARY REQUEST THAT THE BOARD APPROVE A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN ADVISORY COMMITTEE TO PROVIDE INPUT AND ASSIST STAFF WITH THE RESTUDY OF THE IMMOKALEE AREA MASTER PLAN. OBJECTIVE: Obtain Board of County Commissioners approval for the establishment of an ad hoc Advisory Committee to provide input and assist staff with the restudy of the Immokalee Area Master Plan as part of the Evaluation and Appraisal Report (EAR) process. CONSIDERATION: On April 29, 2003, the Board of County Commissioners directed staff to restudy the Immokalee Area Master Plan. To assist in this restudy, staff requests that an advisory committee be formed to enable community input and provide recommendations. The committee will be responsible for addressing issues related to: · Road improvements · Economic incentives Increasing the quantity and quality of affordable housing · Ave Maria University and town, and its impact on the Immokalee Urban Area · Possible contraction of the Immokalee Urban Area · Immokalee Regional Airport · Density increases in Mixed Use Districts · Converting overabundance of land zoned Industrial to Residential · Changing or removing the percentage of constructed residential needed (30%) to initiate construction of commercial in Planned Unit Development Commercial Districts. The committee will also assist in the development of any necessary Requests for Proposals (RFP) for consulting services, and assist in the development of revised Goals, Objectives and Policies and Land use Designation Descriptions. The advisory committee will be comprised of ten members whose representation shall be diverse and consist of citizens and business owners residing in the regulatory boundaries of the Immokalee Area Master Plan. The advisory committee shall remain in effect for one year, which will commence with the effective date of the Resolution appointing members to said committee. FISCAL IMPACT: The principal costs associated with the approval of this ad hoc Advisory Committee shall be those expenses incurred for placing advertisements in the newspaper for committee vacancies and meetings. These costs will be paid from the Comprehensive Planning Section FY03 approved budget. MAY 2 7 2003 GROWTH MANAGEMENT IMPACT: The establishment of this advisory committee and their participation in the restudy of the Immokalee Area Master Plan will ultimately lead to amendments to the Immokalee Area Master Plan, as part of the EAR-based amendments. RECOMMENDATION: That the Board of County Commissioners adopt a resolution to establish the ad hoc Advisory Committee as outlined in this executive summary for the restudy of the Immokalee Area Master Plan. John-~vid Moss, Senior Planner C~ve pla~gng Section REVIEWED BY: Stan Litsinger, AICP, rehensive Planning Manager Mar=aret ~erstle, AICP Planning Services DirecJ, or /JoSeph Schmitl, Adm' ': ( Cm. munity Development & "-Environmental Services Division Date: Date: Date: Date: MAY 2.'7 2003 RESOLUTION NO. 2003- A RESOLUTION ESTABLISHING THE IMMOKALEE AREA MASTER PLAN RESTUDY COMMITYEE WHEREAS, on April 29, 2003, the Board of County Commissioners directed the restudy of the Immokalee Area Master Plan as part of the second Evaluation and Appraisal Report (EAR) of the Collier County Growth Management Plan (GMP); and WHEREAS, County staff desires to have the Board of County Commissioners establish an ad hoc committee to assist staff in its restudy of the Immokalee Area Master Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Creation of the Ad Hoc Inunokalee Area Master Plan Restudy Advisory Committee. Pursuant to thc provisions of Collier County Ordinance No. 86-41, as amended, the Board of County Commissioners hereby creates the Immokalcc Area Master Plan Restudy Advisory Committee (the "Committee") as an ad hoc advisory committee. The Committee member shall serve a term of one year which will commence on the effective date of the Resolution appointing said members, and shall conclude one year thereafter. SECTION TWO: Appointment of Members and Failure to Attend Meetings. Membership of the Committee shall be sought and appointed in accordance with Collier County Ordinance No. 86-41, as amended. The Committee shall consist of ten (10) members from a broad base of citizens and business owners in the regulatory area of the Immokalee Area Master Plan. If any member of the Committee is absent from two (2) or more consecutive meetings without a satisfactory excuse, such member's position may be declared vacant by the Board of County Commissioners as prescribed by Collier County Ordinance No. 86-41, as amended. SECTION THREE: Officers; Quorum; Compensation. The officers of the Committee shall be elected by the membership of the Committee and shall include a Chairman, Vice-Chairman, and Secretary. The presence of the majority of the voting member shall constitute a quorum. The Committee may adopt rules and procedures for the transaction of business and shall keep records of meetings, findings and determinations. The members of the Committee shall serve without compensation, but may be reimbursed for travel, mileage and/or per diem expenses only if approved in advance by the Board of County Commissioners. SECTION FOUR: Functions, Powers and Duties of the Committee. The functions, powers and duties of the Committee shall be to: MAY 2 ? 2003 SECTION FOUR: Functions, Powers and Duties of the Committee. The functions, powers and duties of the Committee shall be to: A. Assist in the development of any necessary Request for Proposals (RFPs) for consulting services; B. Aid and assist in the restudy of the Immokalee Area Master Plan. This would include assisting staff with the review and development of policy recommendations from the Rural Fringe Committee and the Community Character Committee relative to the Immokalee Area Master Plan; C. Identify and provide the Board of County Commissioners the Committee's recommendations relative to: 1. road improvements 2. economic incentives 3. increasing the quality and quantity of affordable housing 4. improvements relative to the Ave Maria University and town as it relates to the impact on the Immokalee urban area 5. improvements to the Immokalee Regional Airport 6. density increases in mixed-use districts 7. the conversion of an overabundance of land zoned industrial to residential 8. the facilitation of construction of commercial development in planned unit development commercial districts D. Assist in the development of revised Goals, Objectives and Policies and Land Use Designation Descriptions for the Immokalee Area Master Plan. All meeting shall be open to the public and shall be governed by the Florida Government in the Sunshine Law. All meetings shall be held after reasonable public notice is provided as to the location, time and subject matter of the meetings. SECTION FIVE: Dissolution of Committee. At the conclusion of one (1) year from the date of this Resolution, the Committee's services shall be dissolved; however, if by resolution the Board of County Commissioners extends the term of the Committee, dissolution shall occur at the end of the extended term. This Resolution adopted this __ second and majority vote. day of ,2003 after motion, ATTEST: DWIGHT E. BROCK, Clerk By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, Chairman Approved as to form and legal Sufficiency: Marjorie M. Student Assistant County Attorney ~._/-/ EXECUTIVE SUMMARY APPROVE THE SET'II,EMENT OFFER TO COMPROMISE LIEN IMPOSED IN CODE ENFORCEMENT CASE ENTITLED COLLIER COUNTY v. RICHARD L. KNIEBES, CEB Case No. 99-073. OB.JECTIVE: That the Board of County Commissioners approve the proposed settlement offer from the Personal Representative of the Estate of Richard L. Kniebes, to pay $25,000 and compromise remainder of the lien in the amount of $80,900. CONSIDERATION: The CEB entered its initial order on December 29, 1999, finding the following violations: (1) existence of travel trailer without license plate; (2) non-permitted improvements to building (carport and shed); and (3) installation if fence without permit. Property owner had thirty (30) days (January 23, 2000) to obtain the necessary permits or remove all improvements and the mobile home. On March 31, 2000, the CEB entered its Order Imposing Fine/Lien at $100 per day commencing on January 24, 2000. The property owner, Mr. Kniebes, did initiate a lawsuit to establish title to the travel trailer in order to properly register the vehicle and obtain the required license plate. This suit concluded in a final judgment on December 21, 2000, and the vehicle was registered on January 12, 2001, thereby abating that violation. Mr. Kniebes died on October 22,2001, leaving the property through his mother and sole heir, Juanita Kniebes. A copy of the Petition for Administration is attached. At the time of Mr. Kniebes' death the lien amounted to $63,600. Mr. Kniebes was a disabled veteran, living alone, and unemployed at the time of the code enforcement proceeding. According to the attorney representing the estate, Mr. Kniebes was unable to obtain disability benefits until just six months before his death and wa.s supported by his mother since 1996, who made the mortgage payments on the property. On December 20, 2002, the estate abated the final violation by obtaining an after-the-fact permit for the fencing. The fine continued to accrue at $100 a day until December 19, 2002, and as of that date, the lien amounted to $105,900. The estate currently has a contract to sell the property for $64,000 (property was assessed in 2002 at $45,021) and has offered to settle the code enforcement lien for $25,000. The estate has provided an accounting of the expenses and assets, a copy of which is attached hereto. After deduction of the $25,000, the estate would recoup approximately $34,300. According to Mrs. Kniebes, she borrowed $35,000 during the last few years in order to support her son and maintain the property. In considering this offer, staff has weighed the costs to be incurred by the County in prosecuting a foreclosure action, including the costs of advertising and sale, against the potential recovery given a successful foreclosure sale. In addition, staff considered the efforts expended by Mr. Kniebes during his lifetime to correct the violations, his financial hardship, the circumstances of his death, ad the particular aspects of his estate and found these factors to be mitigating and supportive of a compromise of the lien amount. In light of the foregoing, staff is reco~ ~men~llltl~,~~ .... MAY 2 7 2003 acceptance of the proposed offer and authorization to release the lien upon receipt of the total sum of $25,000. FISCAL IMPACT: Payment to the County in the total amount of Twenty-Five Thousand Dollars ($25,000.00), to be paid in full on June 30, 2003, or as soon thereafter as practicable, and deposited into the "Code Enforcement Board Fines" Revenue Account MSTD General Fund 111. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: Approve a compromise of the total lien amount of $105,900 and accept payment of $25,000, in full and complete settlement of the code enforcement lien; and Direct staff to take all steps necessary to ensure performance of the terms of this settlement offer, including issuance of estoppel letter, recording of satisfactions, granting time extensions as may be reasonable, etc.; and Authorize the Chairman to execute the Release of Lien upon submittal by staff and upon pasment to County of the sum of $25,000. REVIEWED BY: SUBM1TYED BY: APPROVED BY: ~C~adwell, Assistant County A~t'omey County Attorney's Office Date: Micl~ehe~dw~ds Arnold, Director Code Enforcement Department /.~:~~ Date: (/tSo~munity Dev. & Envir. Services Division 2003 Admitted to Practice Florida New York .~,:-',, ~b~ UF TH~ LUDWIG J. ABRq~ZO, P.A. '" ~" The Law BuiMing ~t Park C~al ~3 ~ : ! 3 54~5 PARK CENT~L COURT NAPLES, FLORIDA ~ ~09 Telephone (~$9) 59a-1~ Fax (~$9) 59~-1169 April 14, 2003 Ellen T. Chadwell Assistant County Attorney ~omer County 3301 East Tamiami Trail Naples, Florida 34112 Re: Estate o£Richard L. Krdebes. Dear Ms. Chadwell, I have delayed in responding to you because we lost the first buyer due to all of the delays. We now have a new buyer, subject to a mortgage. Mrs. Kniebes is willing to agree to the $25000.00 you suggested in your March 1Th, 2003 letter. The closing on the new buyers contract is schedule either on or before June 30th, 2003. The purchase price is $64000.00, the broker's commission is $750.00. The closing cost is basically the same as the previous sale. Please let me know how quickly we can resolve this matter so we can go forward with the sale. Thank you for all of your assistance in this matter. Yours, / LJA/tlk MAY 2 7. 2003 IN THE CIRCUIT COURT FOR COLLIER COUNTY, FLORIDA IN RE: ESTATE OF PROBATE.~,~I ~V~ IO~ RICHARD LAWRENCE KNIEBES Deceased. PETITION FOR ADMINISTRATION Petitioner, JAUNITA L. KNIEBES, alleges: 1. FILE NO. Petitioner has an interest in the above estate as the surviving mother of decedent. Petitioner's name and address is: Juanita L. Kniebes 5871 Hagar Shore Road, Coloma, MI. 49038. and the name and office address of petitioners' attorney are set forth at the end of this petition. 2. Decedent, RICHARD LAWRENCE tGNIEBES, whose last known address was 5366 Holland Street, Naples, Florida and, whose age was 48 and whose social security number is , died on October 22nd, 2001, at 5366 Holland Street, Naples, Florida, and on the date of death decedent was domiciled in Collier County of Florida. 3. So far as is known, the namesof the beneficiaries of this estate and of the decedent's surviving spouse, if any, their addresses and relationship to decedent., and the dates of birth of any who are minors, are: Juanita L. Kniebes 5871 Hagar Shore Road, Coloma, MI 49038 - Mother 4. Venue of this proceeding is in this county because decedent owned real property in Collier County at the time of his death. 5. JUANITA L. KNIEBES, whose address is 5871 Hagar Shore Road. Coloma, Mich!gan 49038 and who is qualified under the laws of the State of Florida to serve as personal representative of the decedent's estate is entitled to preference in appointment of per~ representative because she is the surviving mother of decedent, decedent was never onal mrri['~., his }© (~ MAY 2 7 21103 father predeceased him. 6. The nature and approximate value of the assets in this estate subject to...probate in the State of Florida are: House and Lot at 5366 Holland Street, Naples, Florida Bank Account, Atlantic State Bank 1969 Airstar Travler 1979 Olds $ 79,000.00 $18,0O0.00 $ 1,000.00 $ 50O.00 This estate will not be required to file a federal estate tax return. Domiciliary probate proceedings are not known to be pending in another state or country.. 9. Petitioners are unaware of any unrevoked will or codicil of decedent. Petitioners request that JUANITA L. KNIEBES be appointed personal representative of the Florida estate of the decedent. Under penalties of perjury, I declare that we have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief. Signed on this ~ day of-772,~'. ,2001. L~iG;~5 ABRUZZO / Attorney for Petitioner Fla Bar No. 995584 5425 Park Central Court Naples, Florida 34109 (941) 593o1444 ,2 ,/fJ-UANITA L. KNIEBES 2 ? IN THE CIRCUIT COURT FOR COLLIER COUNTY, FLORIDA IN RE: THE ESTATE OF ~I.ICHARD LAWRENCE KNIEBES, Deceased. LETTERS OF ADMINISTRATION '-' TO ALLLXVI-IOM IT MAY CONCERN WHEREAS, RICHARD LAWRENCE KNIEBES, a resident of Collier County, Florida died on , owning assets in the State of Florida, and '¢,rHEREAS, an authenticated transcript of the proceedings in Collier County, Florida has been filed and admitted to record in this court; and V~rHEREAS, JUANITA L. KNIEBES, has been appointed ancillary personal representative of the Florida estate of the decedent and has performed all acts prerequisite to issuance of Letters of PROBATE DIVISION HLE NO. 01-tCo'4 i -3° Administration in the estate, NOW, THEREFORE, I, the undersigned circuit Judge, declare JUANITA L. KxNIEBES, duly qualified under the laws of the State of Florida to act as ancillary personal representative of the estate of RICHARD LAWRENCE ICNIEBES, deceased, with full power to administer the estate according to law; to ask, demand, sue for, recover and receive the property of the decedent; to pay the debts of the decedent as far as the assets of the estate will permit and the law directs; and to make distribution of the estate according to law. ORDERED on Conformed Copy to: LUDWIG J. ABRUZZO ~ 2001. Hugh DLHayes, Circuit Juag *** 2903263 OR: 2946 PG: 0619 RICORDID in O~H¢IAL RICORD$ of COLLIER COUItTI, FL 1211812001 at 09:2[~ D~IGll'r [. ItROCl[, CLSRK PROBI?! DI~PT Admitted to Practice Florida New York February 14, 2003 Ellen T. Chadwell Assistant County Attorney 3301 East Tamiami Trail Naples, Florida 341 ! 2 LUDWIG J. ABRUZZO, P.A. ATTORNEY AT LAW Tl~e Law BuiMing At Park Central 5+'25 PARK CENTRAL COURT NAPLES, FLORIDA 3-* 109 Telephone ('~$9) 59,~- Fax ('.'39) 595-] Re: Estate of Richard L. Kniebes Dear Ms. Chadwell, After our telephone conversation last week I reviewed Mr. Kniebes's file and have revised the account to the accurate moneys received and paid out by the estate, please see the attached. (The only thing I could not find is an item I listed in my first letter designated impact fees, ifI locate what it was for then the estate actually paid $1260.05 more. I have verified that Mr. Kniebes was receiving social security disability benefits for about six months before he died, but it took him four years to get approved and during that time he was unemployed and his mother was supporting him. I would like to meet and try to come to a figure that will resolve this matter and still leave Mrs. Kniebes some of her retirement funds she loaned her son. I will call you to set up a meeting after you have reviewed the attached. Thank you for your assistance in this matter. Enclosures: As Stated Very"0uly yours, / // · b~A¥ 21 PROPOSED FINAI. ACCOUNTING Money received Atlantic States Bank Transfer car sold Home contract $6o,o0o.00 $18,$-o8.7,~ $650.00 Sale of House (pending) Total $18,978.74 $60,0O0.00 $78,978.74 Funeral expense Social security lawyer Attorneys fees to 1-11-0o_ to Ludwig J. Abruzzo Naples Community Hospital Court Bond Naples Daily News March 1 +"', o00o various debts, credit card balances NCO Financial 9001 Real estate tax March _o00'2_ - additional attorneys fees October o00,2_ - additional attorneys fees Court fees $5809.71 $-O~05.87 $1500.00 $-O0-O7.5g $118.O0 $306.88 $500.00 $55_o$.57 $9~1.8~ $500.00 $SO0.O0 $89.00 Total paid to date 90,0'2~.$9 Cost of closing property Survey Fence Permit Obtaining authorization to sell from court Attorney fee for obtaining fence permit Doc Stamps Ad Valorem tax _oO0-o Attorney's fees in connection w/county's Claim Total Sub total Balance for distribution Money loaffed to Mr. Kniebes by his mother (est.) $-O50.00 $50.00 $250.00 $-O50.00 $~_oo.oo $971._o7 $750.00 $~9~1.~7 $~,963.66 $56,015.0S including payment of first mortgage from her life savings $$0,5 lO.OO HAY 2 7 2003 Admitted to Practice Florida New York LUDWIG J. ABRUZZO, P.A. ATTORNEY AT LAW The Law Building.4t Park Central 54~5 PARK CENTI:L-kL COURT NAPLES, FLORIDA 5-[109 Telephone ('2`39) 59.3-1444- Fax (~!`39) 59,5-1169 February 24, 2003 Ellen T. Chadwell Assistant County Attorney Collier County 3301 East Tamiami Trail Naples, Florida 34112 Re: Collier Co,nt~, vs. Richard L. Kniebes et al, CEB Case No. 99-073and the Estate o£Richard L. Krn'ebes. Dear Ms. Chadwell, As a follow up to my letter of February 14th, 2003, Mrs. Kniebest was disabled from November 18t~, 1996 he never worked again. He did not get social security award until November 7t~, 200!~. I have written to Mr. Hurley who represented him for the detail. Mrs. Kniebes clainis she paid her sons mortgage payments from 1996 until his death and she was never repaid. Please get back to me as soon as possible the situation is getting desperate for Mrs. Kniebes and she wants answers. Thank you for your anticipated response. Very Truly Yours, Ludwig J. Abruzzo MAY 2* EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR $51,030 AND A TOURISM AGREEMENT ADMENDMENT WITH THE CITY OF NAPLES FOR A TDC CATEGORY "A" GRANT FOR GORDON PASS JETTY SAND TIGHTENING, PROJECT 90278, IN THE AMOUNT OF $131,113 OBJECTIVE: To obtain approval of a Tourism Agreement amendment for the project Gordo,l Pass Jetty Sand Tightening in the amount of$131,113. CONSIDERATIONS,: The Beach Renourishment / Maintenance Committee recommended approval of an initial $325,000 grant to sand tighten the Gordon Pass south jetty at their April 6, 2000 meeting. The Tourist Development Council recommended approval at their April 17, 2000 meeting. The Board of County Commissioners approved the grant application and Tourism Agreement on January 9, 2001, under agenda item 16.A.2. The City of Naples also entered an agreement with the Florida Department of Environmental Protection (FDEP) for 50% up to a maximum of approximately $500,000. The City submitted a supplemental grant application for an additional $80,083. The Coastal Advisory Committee recommended approval of the $80,083 supplemental grant application at their meeting on April 5, 2002 and the Tourist Development Council recommended approval on April 15, 2002. The Board of County Commissioners approved the $80,083 supplemental grant application and budget amendment on May 14, 2002, under agenda item 16.C.4. No Tourism Agreement amendment was processed. On April 10, 2003, the City of Naples received a request for a construction contract modification in the amount of $102,060. The contractor has stated that the original bid was based on buying the large rock fi.om Guatemala. The requested change is to purchase the rock fi.om Georgia. The City of Naples submitted a supplemental grant application for $131,113 and has requested expeditious approval as the FDEP grant expires on June 30, 2003. The Coastal Advisory Committee recommended approval of an additional $51,030 ($131,113 less the $80,083 previously approved) at their meeting on May 8, 2003. The Tourist Development Council will hear this issue on May 28, 2003. The FDEP grant is based on the assumption that the jetty will become public property. As of May 8, 2003, the jetty and underlying property have not been transferred from private ownership to the City of Naples. It is anticipated that this will occur in the next few weeks. City of Naples staff has discussed a grant extension with FDEP staff but did not receive a positive indication. FISCAL IMPACT: $51,030 is available fi.om the Reserves and $80,083 is available from the project budget. GROWTH MANAGEMENT IMPACT: related to this action. There is no impact to the Growth Management Plan MAY 2 7 2003 RECOMMENDATION: That the Board of County Commissioners authorize, subject to a positive recommendation from the Tourist Development Council, 1) a budget amendment for an additional $51,030, and 2) the Chairman to execute a $131,113 Tourism Agreement amendment with the City of Naples for th~,a~dditional funding of the Gordon Pass Jetty Sand Tightening. SUBMITTED BY: Date:  Ron I-~vell, P.E., Coastal Projects Manager acl:t W~t~- - is~ D ector REVIEWED ~enny~-,~e~, F_in/anc~l~dmin. & Housing Director ..~r,... Jog'eph K. Schmitt, Administrator Community Development & Environmental Services MAY 2 7 2003 .... ! i ,,...j Jon C. Staiger, Ph.D. Natural Resources Manager 735 Eighth Street South Naples, Florida 34102-6703 Tel. 239.213. 1030, Suncom 717. 1030 Fax 239. 213. 1033 E-mail jstaiger~naplesgov, corn 12 May 2003 Mr. James Mudd, County Manager County of Collier Collier County Government Center 3301Tamiami Trail East Naples Florida 33941-3044 Ref.: Resolution of a dilemma Dear Mr .~d :7~ We are caught on the horns of a dilemma and I am hoping you can facilitate a solution. We have an ongoing project, funded by a TDC grant and a cost-sharing grant from PEP, to sand-tighten the Gordon Pass jetty. It is one component of Gordon Pass Inlet Management Plan; the others being maintenance dredging, with the sand going on the downdrift beach (one such dredging was just completed), and construction of the groin field north of the Pass (2 T-groins and 2 permeable wood groins, built in 2001). When the TDC grant application was drafted, the only cost estimate for the project was one contained within the 1996 Inlet Management Plan, $325,000. When the project was finalized, the engineer's opinion of cost was $1,039,318. When the construction bids were opened, they ranged from $729,721 up to $1,745,237. The low bidder, Saltsman Construction, Inc., was more than $200,000 below the second-lowest bid because his armor stone was Guatemalan, and significantly less expensive than stone from Georgia, the closest domestic source. Mr. Saltsman has endeavored to get the stone from Guatemala to Naples, but there have been a succession of insurmountable problems, and he has had to go for a domestic source. That source, the Martin Marietta quarry in Georgia, adds $102,060 to the project direct costs. The original tourism grant for the project was for $325,000 - based on the original cost estimate. Going into construction, the project cost was $810,166 (Saltsman's $729,721 b'id":P~'kU~''i-- '""~u.-. %.' MAY 2 7 2003 Certified Senior Ecologist, Ecological Society of America $80,445 for engineering and construction supervision). We have a matching grant from the Department of Environmental Protection for 50% of the project costs, up to $598,830 (half of the DEP's cost estimate), thus the local share would be $405,083. Approximately a year ago, the Board of County Commissioners approved a supplemental grant application for the $80,083 difference between the $325,000 tourism grant and the estimated local share. No Tourism Agreement was submitted at that time, to be sure that there were no additional cost changes. The latest development regarding the source of the armor stone has resulted in a supplemental grant application, approved last week by the Coastal Advisory Committee, for $51,030 (with the already approved $80,083 the total request is $131,113). The dilemma is that the DEP grant will expire at the end of June, so we need to get the additional funds approved ASAP so Mr. Saltsman can get the rock down here and finish the project. If you could expedite getting the Tourism Agreement before the Board this month, perhaps before it goes to TDC, I believe we can get this thing done without additional cost. Any help you can provide would be greatly appreciated. Ron Hovell is familiar with this project, if you would like confirmation of the figures or any of the backup material. Sincerely yours, Jon C. Staiger, Ph.D., Natural Resources Manager Xc: Ron Hovell, Project Manager III Kevin J. Rambosk, City Manager JCS/Wordata/Gordon Pass jetty project/Jim Mudd 06 V 03.doc MAY 2 7 2003 Certified Senior Ecologist, Ecological Society of 2~ne~i'Ca__i_L'~ .... EXHIBIT A Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance Request for Additional Funds to Complete the Gordon Pass Jetty Sand Tightening Project. Name and Address of Applicant Organization: The City of Naples 735 Eighth Street South Naples, Florida 34102 Contact Person, Title and Phone Number: Jon C. Staiger, Ph.D., Natural Resources Manager, 213-1030 Organization's Chief Official and Title: Bonnie R. MacKenzie. Mayor Project Description [and location]: The project has installed a sheet-pile bulkhead along the len~h of the jetty, and reinforced it with a geotextile mat, bedding stone, and boulders. The only step remaining is to place large, dense armor stones over the boulders to further reinforce the jetty, elevate it to the desi~ height, and provided added storm damage protection. 5. Estimated project start date: the project started approximately one year ago. 6. Estimated project duration: once restarted, the project should be completed in 90 days. 7. Total amount requested: $131,113 8. If the full amount requested cannot be awarded, can the program/projec~ be restructured to accommodate a smaller award? Yes ( ) No ( MAY 2 7 2003 Pg. ~ PROJECT BUDGET Original TDC grant amount: Engineering, permitting Construction Total for TDC grant Initial contract amounts: Engineering Construction Additional amount needed to complete project~ Total cost for project Less DEP Grant (50% of total) Less TDC grant ($325,000) $ 50,000 275,000 $325,000 $ 80,445 729,721 $102,060 $912,226 $456,113 $131,1132 Notes o Additional cost for rock delivered from Georgia is $34.02 per ton. Times 3,000 tons that equals $102,060. See detailed breakdown in 10 April letter from John Saltsman, appended. Less the unused $129,375 1999 TDC grant for Gordon Pass Inlet Management (not used because the U.S. Army Corps of Engineers dredged the pass, so we did not have to), the total "new" funds needed is $1,738. I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Organization's Chief Official or Designee* Date: MAY 2 7 2003 Exhibit "A" A~r. NOA ITEM HAY 2 7 2003, Tourism Agreement for Completion of the Gordon Pass Jetty Sand Tightening Project Original TDC grant amount: Engineering, permitting Construction Total for TDC grant Initial contract amounts: Engineering Construction Additional amount needed to complete project' Total cost for project Less DEP Grant (50% of total) Less TDC grant ($325,000) $ 50,000 275,000 $325,000 $ 80,445 729,721 $102,060 $912,226 $456,113 $131,1132 Notes o Additional cost for rock delivered from Georgia is $34.02 per ton. Times 3,000 tons that equals $102,060. See detailed breakdown in 10 April letter from John Saltsman, appended. Less the unused $129,375 1999 TDC grant for Gordon Pass Inlet Management (not used because the U.S. Army Corps of Engineers dredged the pass, so we did not have to), the total ~new" funds needed is $1,738. JCS/Wordata/T-Groin project/Exhibit A budget 07 V 03.doc ACtA I~ MAY 2 7 2003 BUDGET EXPLANATION 2003 TOURISM AGREEMENT FOR SAND-TIGHTENING THE GORDON PASS JETTY The original 2000 Tourism Grant Application for sand- tightening the Gordon Pass jetty requested a total of $325,000 ($275,000 for construction and $50,000 for permitting and engineering). Those costs were based on estimates generated during development of the Inlet Management Plan, completed in 1996. When the project was .finalized, the engineer's opinion of cost was $1,039,318 and the Department of Environmental Protection's cost estimate was $1,197,660. The project was advertised in February 2002 and the bids received ranged from $729,721 up to $1,745,237. The lowest qualified bidder, Saltsman Construction, Inc., was awarded a contract for $729,721 on 20 March 2002. Humiston & Moore Engineers was awarded a contract for the engineering work, $80,445, on 20 February 2002. The project total was therefore $810,166. The Saltsman bid was $217,576 below the second lowest bid. The primary difference between the two bids was the source of the armor stone, Guatemala versus the U.S. mainland. Unfortunately, the Guatemalan stone is presently unavailable. An alternative source has been located in Georgia, for the additional cost of $102,060. The additional cost for rock will bring Saltsman's contract to $831,781, a figure that is still $115,515 below the second lowest bid for the project. The City has been awarded a 50% cost-sharing grant from the Department of Environmental Protection for the total not to exceed sum of $598,830. That grant will cover half of the project total, $456,113. The difference between that figure and the Tourism Grant is $131,113. We are requesting approval of a Tourism Agreement to cover the above-referenced $131,113. In 1999, the City received a Tourist Grant for Gordon Pass Inlet Management Plan implementation for $129,375. A purchase order was issued by Collier County for that project, but the funds were not used, because the U.S. Army Corps of Engineers stepped in to undertake the project. The $129,375 purchase order was cancelled. Those funds are therefore available to balance all but $1,738 of the additional $131,113 required to complete this Gordon Pass Inlet Management activity. ~1~ JCS/Worda=a/Gordon Pass jeccy project/Budget explanation 08 v 2003.doc HAY 2 7 2003 Pg'. c'~ -- SALTSMAN CONSTRUCTION, Inc. 194 14th Av. S. Naples, Florida 34102' Phone: 239/262-0152 Fax: 239-262-2866 Ce11:239-253-0260 jsaltsman2~,comcast.net April 10, 2003 To: City of Naples Jon Staiger, Natural Resources Manager 735 8th St. S. Naples, FL. 34110 From; Saltsman Construction, Inc. Re: Gordon Pass South Jetty 048-02 Dear Sirs; The following is the breakdown of the increase in the cost of stone for this project: Bid Price is $48.00 per ton. Rock Cost was $30.00 per ton delivered by barge to the site. Price to receive the stone from Georgia: Material = $34.02 per ton @ rail siding Increase = $ 4.02 per ton in Cost Unloading = $5.00 per ton Hauling = $10.00 per ton Storing = $5.00 per ton Loading & hauling to site by barge = $10.00/ton Total Increase = $ 34.02 X 3000 tons = $102, 060.00 If you have any questions please call the sender JlSl~n Saitsman, Pres. S~al~sman ConstruCtion, Inc. HAY 2 7 2003 tO . HUMISTON & MOORE ENGINEERS {~0A~TAI F, NGINEERIND I')1 .%IGN ~bTq $1RA/qD COURT, UNIT hi, APl. ES, FLORIC~ 341 IO M~."'~'~ 8, 2002 MEMORANDUM Sent via Facsimile 213-1033 -..c: Jon Staiger =r: Bmtt D. Moore Re: Opinion of Probable Costs HM File No. 12-014 -~rcje~: GORDON PASS SOUTH JETTY SAND TIGHTENING PROJECT 3,ity Bid NO. 048-02 Attached please find our Opinion of Probable Costs for the project referenced above. As you know, ~ bid opening is scheduled for March 11, 2002. $.houtd you have any questions regarding the attached opinion of costs, please give us a Attachment MAY 2 7 2003 BID # O48-02 DATE: March 8, 2002 CiTY OF NAPLES, FLORIDA ENGINEER'S OPINION OF PROBABLE COSTS BID SCHEDULE I. Mo~ilization and 1 Job L.S. Demobilization 2. Preparation and Restoration 2 Job L.S. of Construction Access 3. Existing Rock Removal and 200 Tons 50.00 Reuse (for Sheet. pile Installation) c. S',eel Sheet Piling IMa.',erials & installation) a) 25' lengths (Sra. O,,IX) to 1+23.1) 123.1 feet LF~ 545.00 O) 23' lengths (Sta. 1+23,1 to 3+56.3) 233.2 feet LF~ 505.00 c) 21.5' lengths (Sta, 3*56.3 to 5+01.4) 145.1 feet LF~ 475.00 5. Filter Fabric 12,000 SF 1.25 5. Geogrid 12,000 SF 1.25 ?. Bedding Stone 550 Tons 65.00 At,nor Stone · ..',;a?_rials & installation) c) I.~5 ~3cf 4000 Tons2 110.00 b) 150 pcf 3000 Tons= 65,00 9. Navigation Aid 1 Each L.S. 10. Payment and 1 Job L.S. Performance Bond Total Base Bid Estimated Unit Total ~ Unit Cos_t ~ ADDITIVE BID ITEM 1 ~,. Re-Mobilization and 1 Demobilization for work after November 1,2002 Job L.S. 60,000 2,000 10,000 67,090 117,766 68,922 15,000 15,000 35,750 440,000 195,000 2,500 10,290 $l.039,318 $30,000 Page 1 of 1 MAY 2 7 2003. FIRST AMENDMENT TO 2001 TOURISM AGREEMENT This First Amendment tO 2001 Tourism Agreement, made this day of ,2003, (hereinafter referred to as "First Amendment) is entered into by and between the Board of County Commissioners of Collier County, Florida (hereinafter referred to as "County"), and City of Naples (hereinafter referred to as "City"). WITNESSETH: WHEREAS, the County and City entered into a 2001 Tourism Agreement dated January 9, 2001 (the "Agreement"); and WHEREAS, the County and City desire to further amend the terms of the Agreement. NOW, THEREFORE, in consideration of valuable consideration and the premises and mutual covenants hereinafter set forth, the parties agree as follows: 1. Section 2 of said Agreement is hereby deleted in its entirety and the following paragraph is inserted in its place: PAYMENT AND REIMBURSEMENT. The maximum reimbursement under this Agreement shall be Four Hundred FiFty-Six Thousand One Hundred Eleven Dollars and No/100 ($456,111.00). GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall' determine that the goods and services have been properly provided and shall submit invoices to the County Administrator or his designee. The County Administrator, or his designee, shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum arno pursuant to the attached Exhibit "A". 2. Section 13 of said Agreement is hereby deleted in its entirety and the followi inserted in its place. ~nt bu~tt~ffroa .... 2003 | DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: ' TOM HENNING, Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney GRANTEE CITY OF NAPLES ATTEST: By: BONNIE R. MacKENZIE, Mayor TARA NORMAN, City Clerk ROBERT D. PRITT, City Attorney WITNESSES: (l) signature Printed/Typed Name (2) signature (Corporate Seal) Printed/T3~ed Name h:H FA:,Agreements' 1 st.4anendment-tourism a~'eement-CityNaples ~AY 2 7 2003 EXECUTIVE SUMMARY ADOPT A RESOLUTION IMPLEMENTING THE 2003 BOAT LAUNCH AND BEACH ACCESS MASTER PLAN AND DIRECT STAFF REGARDING POTENTIAL FUNDING SOURCES .Objective: That the Board of County Commissioners adopts a Resolution to adopt and the 2003 Collier County Boat Launch and Beach Access Master Plan (which governs quality beach and boating experiences for a growing population of residents and visitors), and that the Board direct staff regarding potential funding sources. Considerations: In 1998 the Board adopted a Beach Access and Boat Launch Report that identified the status of access to such amenities. As part of the Report, the Board concluded that beach access is evaluated by the amount of available parking spaces and that boat launch facilities, in turn, are assessed by ramp lanes and available parking. The 2003 Boat and Beach Access Report is an update to the initial report, which was presented to the Board of County Commissioners at a workshop on March 12, 2003. The Report concluded the following: A) The present level of service is adequate for beach parking but is not adequate for boat launch facilities due to the lack of parking per launch lane. B) Over the next ten years, continued growth will significantly reduce the quality of life for County residents unless, in the meantime, new public beach parking and boat launching facilities are developed. c) Funding sources have not been dedicated to maintain and expand the beach access and boat launch network. In response to the March 12 presentation, the Board directed staff to formulate a plan that would address the needs identified in the Report based upon policies outlined in the Report. Below are policies in the Report, followed by a recommended implementation plan. RECOMMENDED POLICIES 1) The frequency of beach access locations will be increased to distribute beach use more evenly. This improves the recreational value to the citizenry and, if done properly, the County's ability to apply for State and Federal beach renourishment funds. 2003 2) 3) 4) $) 6) The County's goal is to provide one parking space per one hundred fifty residents (1:150) when determining the need for beach parking. This is the present level of service standard for the community. The County will maximize parking opportunities at existing boat launch locations. Recognizing the cost of waterfront boat launch facilities, the County should pursue opportunities to expand parking around present locations. Recommendations regarding the expansion of services to include onsite boat storage or other amenities not previously provided by the County (as has been requested by some residents of the community) are not within the scope of this plan. The Comprehensive Plan and Land Development Codes will reflect the County's goal to expand public beach and boat launch opportunities. The County will identify and consider the purchase of available properties for future boat ramp sites. The County will continue to develop alternative opportunities to saltwater beach access and boat launch amenities. IMPLEMENTATION POLICY Based upon the policies listed above, the following is a master plan for the practical implementation of these recommendations: BEACH ACCESS Barefoot Beach Preserve o Back Bay Dock and Pier. Currently, excursion vessels drop off visitors at the southern tip of the park. This practice is damaging to the fi.agile ecosystem at Wiggins Pass. A dock and pier are planned for the inland side of the island to accommodate waterborne visitors while protecting the beach and dunes. This area will also allow Preserve visitors a better look at the mangrove habitat, which presently is only accessible by canoe. Educational programs and signage will accompany the facility. North Vanderbilt Beach and Conner Park o Bluebill Access. The Parks and Recreation Department developed Conner Park on Bluebill Avenue with eighty parking spaces to serve a future access point between Delnor-Wiggins State Recreation Area and the Vanderbilt Inn. The Department is working with the State Parks and Recreation Department to secure an access easement in exchange for Agenda,, It~. NC) .~ MAY 2 7 2003 P9- ~ improvements at Delnor-Wiggins. It may be possible to gain an easement from the owners ofthe Vanderbilt Inn in the future as well. Conner Park Shelter and Rest Room. As the northern parts of Vanderbilt Beach are improved and additional access is added, the beach parking at Conner Park will be in increasing demand. A shelter and rest room will increase the amenity of this facility. Vanderbilt Drive. The Boat and Beach Access Report acknowledged the conflicting sentiment surrounding the future of the Vanderbilt Beach area and the resident outcry that prompted the current moratorium. The report concluded that while a more equitable distribution of beachgoers along the entire Gulf front should be a primary goal of the County, Vanderbilt Beach is currently the most viable location for improving beach access. The following projects will work to that end: o Refurbishment of the Pedestrian Accesses· Refurbishment of the walkway easement on Vanderbilt Drive at the Mansions condominium is currently underway. Staff recommends improvements to the other five walkways as well. o At the workshop on March 12, 2003, staff was given direction to provide rest room facilities in conjunction with any transportation shuttle program that would serve the improved accesses. The access easements are too narrow for such a facility, so the purchase of and improvements to lots along Vanderbilt Beach to serve that purpose will be necessary. This will improve the County's ability to qualify for State and Federal funding for renourishment of this beach, since the provision of a public beach access point every one-half mile is a requirement of these programs. Transportation Shuttle Service. To cost-effectively maintain the 1:150 parking ratio recommended in the Boat and Beach Access Report, a transportation shuttle service is proposed for the northern Collier County beaches. The purchase of Shuttle Busses and land for the parking area, as well as improvements to the parking area will be necessary. Florida Department of Transportation grant funds may be available for purchase of the shuttle busses. Vanderbilt Beach Park. A two-story, 400-space parking garage is planned for Vanderbilt Beach Park. This project is currently delayed by litigation, but resolution of the issue and completion of the project remains a recommendation of staff. With the introduction of a shuttle parking service and the possible construction of a parking garage at Vanderbilt Beach Park, this facility's existing rest rooms and boardwalks will need refurbishment or expansion. Pelican Bay Beach Access. Collier County owns some inaccessible parcels of land between Vanderbilt Beach and Clam Pass. Staff recommends examining the viability of providing accesses in these areas. Agende NO.~ MAY 2 7 2003 Clam Pass Park. Refurbishments planned for this facility include parking lot resurfacing, new handrails, and improvements to the entrance booth. Tigertail Beach Park. The tidal lagoon at this park is now almost completely enclosed. A boardwalk connecting the mainland to Sand Dollar Island may be necessary in the future to allow visitors true Gulf-front access. The Parks and Recreation Department is currently developing the scope of a feasibility study to evaluate the environmental impact of this endeavor. Repairs to the dune walkovers at this park will be necessary within the next ten years. BOATING ACCESS Lake Access at Heritage Bay. In its review of the Heritage Bay Development of Regional Impact, the Parks and Recreation Department has requested that the developer, US Homes, provide access to one of the lakes within the area to offset the added strain on existing park facilities that the development will create. Access to Golden Gate Canals. Issues regarding recreational use of the Golden Gate canal system are currently under review by the County Attorney's office. Currently, an opportunity exists to purchase a parcel of land at the terminus of 582h Street, which could be developed to provide canal access. Bayview Park. The County should consider purchasing available space around the park to be used for additional trailer parking. The Parks and Recreation Department requested additional parking from the Hamilton Harbor Development of Regional Impact, and in original plans fifteen spaces were provided. However, the most recent plans show that the request could not be accommodated due to environmental issues. Collier Boulevard Boating Park Expansion and Overflow Parking. Expansion to the north will add an additional 47 trailer parking spaces. A second phase of expansion to the south may add an additional 28 trailer parking spaces. This will be a multiyear project for which $600,000 is approved for FY 03 and $600,000 is planned for FY 04. Source funds are Boater Improvement Funds and Impact Fees. Shell Island Road Boat Ramp. The Florida Department of Environmental Protection at Rookery Bay is interested in purchasing the boat ramp facility at the end of Shell Island Road from the Conservancy of Southwest Florida. DEP would then consider leasing the ramp to Collier County in exchange in part for funding to pave Shell Island Road. Improvements to the facility would be necessary. Goodland Boating Park. Based upon previous Board direction, present Park plans will include two boat ramp lanes and 50 to 75 trailer parking spaces as well as a neighborhood park. This multi-year project has been accelerated to capitalize on existing permits issued to the previous property owner. Master planning is scheduled for FY 04 at $150,000. A $75,000 Florida Boater Im~.,c':ej,."~:~ ~t,~s~ / MAY 2 7 2003 Program Grant has been applied for to offset this cost. Phase I development at $1,500,000 is slated for FY 05. Boater Improvement Grant funds can be pursued for development as well. Everglades National Park. The master plan for Everglades National Park includes a boat ramp. The facility has yet to be built because funds have not been available. An opportunity exists for the County to partner with the National Parks System to see this facility to fruition. Fiscal lmoact: The beach projects listed above are estimated to cost approximately twenty-six million dollars ($26,000,000). The Vanderbilt Beach Parking Garage and Beach Park Facilities line items in the TDC Category "A" Budget Projections for the next ten (10) years total an estimated twenty-one million dollars ($21,000,000). If the Board approves the subject Beach Renoudshment Plan, proposed simultaneously by a joint effort of the Public Services and Public Utilities Divisions, then additional funds can be prioritized for beach park projects. Funding the expansion of the boating access network will create a bigger challenge, because presently the only dedicated funding source is Boater Improvement Funds. These funds have already been committed for the next several years due to the expansion project at Collier Boulevard Boating Park. Even so, these funds total only around $300,000 per year. OTHER OPTIONS: Impact Fees While impact fees may be used for either amenity, the Board has previously made a policy-level decision not to include beach accesses and boat launch facilities specifically into the concurrency element of the Growth Management Plan and, as such, the cost of these items is not fully contemplated in the fee calculation. Therefore, the fee cannot support the acquisition of beach access as proposed in this plan and concurrently continue to provide other park opportunities. Referendum As was done with the greenspace tax, the Board could ask the voters to determine whether to support these amenities. The staff concern with this option is whether the community would be willing, if asked to vote, to support a problem that will occur in future years but does not presently exist. Tourism Development Funds The Beach Renourishment Plan, being brought forth simultaneously by a joint effort of the Public Services and Public Utilities Divisions, supports a policy that will prioritize Tourist Development funding in accordance with beach access and public use. If MAY 2 7 2003 supported by the Board, this would address the issue of beach access, but not boat launch issues. General Fund / Bonding Funds could be borrowed against the general fund sales tax revenue to pay for acquisition and development of either beach access or boat launch facilities. The concern, however, is that the County is limited in its capacities with regard to general fund sales tax revenues due to other project commitments from such projected revenues. Growth Management Impact: The Capital Improvement Element of the Growth Management Plan instructs the County to "continue to ensure that access to beaches, shores, and waterways remains available to the public and to develop a program to expand that availability of such including funding options for acquisition." The Recreation and Open Space Element and the Conservation and Coastal Management Element reiterate this directive. The Conservation and Coastal Management Element sets priorities for the use of shoreline land that prefer water-dependent uses over water-related uses, public boat ramps over all other water-dependent uses, and recreational facilities over all other water- related uses. The Recreation and Open Space Element mandates acres per population for regional and community parks land, and dollars of value per population for park facilities. All beach- and boat-related park lands and facilities are considered regional in nature, and additional lands acquired through the implementation of this Master Plan will be credited toward the regional park land requirement. Developed facilities value will likewise contribute to the satisfaction of that requirement. Recommendation: That the Board of County Commissioners adopt a Resolution adopting the 2003 Boat Launch and Beach Access Master Plan and provide direction to staff with respect to funding mechanisms for making the improvements contemplated in that plan. HAY 2 7 2003 Submitted ~ .......... ~ " '~: '~- Amanda o.-T0wnsei~d,~OPerati°ns ~°°rdinat°r Parks'and Recrej~t~9~h Department/ Ma;da O. Ramsey, Dire~4o]r Par~ and Recreation De.p~ment Ap~rov~,: ~~7~ ~_C Johr~Dunndck, Administrator Divi'~ion of Public Services Date: Date: LAgenda Item_ MAY 2,7 2003 RESOLUTION No. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING THE COLLIER COUNTY PARKS AND RECREATION BOAT LAUNCH AND BEACH ACCESS MASTER PLAN. WHEREAS, adequate public access to coastal lands and waterways is an integral part of the superior quality of life enjoyed by residents of and visitors to Collier County, and; WHEREAS, The Collier County Growth Management Plan instructs that the County is to 'continue to ensure that access to beaches, shores, and waterways remains available to the public and to develop a program to expand the availability of such including funding options for acquisition," and; WHEREAS, the Collier County Board of County Commissioners heard a presentation of the 2003 Collier County Parks and Recreation Beach and Boat Access Report at a public workshop on March 12, 2003; and, as a result thereof, instructed staff to present to the Board for its consideration and approval a Master Plan that addresses the recommendations contained in that Report;, and; WHEREAS, the Collier County Parks and Recreation Boat Launch and Beach Access Master Plan, attached to this Resolution as Exhibit A, is hereby presented to the Board for its consideration and approval in response to the Board's instructions to staff. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Collier County Parks and Recreation Boat Launch and Beach Access Master Plan, attached hereto as Exhibit A, is hereby adopted effective immediately. This Resolution adopted this ~ day of motion, second, and majority vote favoring adoption. , 2003, after ATTEST: Dwight E, Brock, Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA By: By:. Deputy Clerk Tom Henning, Chairman Approved as to form and legal sufficiency: By: Tom Palmer Assistant County Attorney Agend~ MAY 2 7 2003 EXHIBIT A 2005 COLLIER COUNTY PARKS AND RECREATION BOAT LAUNCH AND BEACH ACCESS MASTER PLAN GUqDING POLICIES 1. The frequency of bench access locations will be increased to distribute beach use more evenly. 2. The County's goal i~ to provide one parking space per one hundred fifty residents (1:150) when determining the need for beach parking. 3. The County will maximize parking opportunities at existing boat launch locations. Recognizing the cost of waterfront boat launch facilities, the County should pur~ue opportunities to expand parking around present locations. Recommendations regarding the expansion of services to include onsite boat stornge or other amenities not previously provided by the County (as has been requested by some residents of the community) are not within the scope of this plnn. 4. The Comprehensive Plan and Land Development Codes will reflect the County's goal to expand public beach and boat launch opportunities. 5. The County will identify and consider the purchase of available properties for future boat ramp sites. 6. The County will continue to develop alternative opportunities to saltwater beach access and boat launch amenities. B. IMPLEMENTATION POLICY Based upon the policies listed above, the following is a master plan for the practical implementation of these recommendations: BEACH ACCESS Barefoot Beach Preserve 1.1. Back Bay Dock and Pier. Currently, excursion vessels drop off visitors at the southern tip of the park. This practice is damaging to the fragile ecosystem at Wiggins Pass. A dock and pier are planned for the inland side of the island to accommodate waterborne visitors while protecting the beach and dunes. This area will also allow Preserve visitors a better look at the mangrove habitat, which presently is only accessible by canoe. Educational programs and signage will accompany the facility. North Vanderbilt Beach and Conner Park 2.1. Bluebill Access. The Parks and Recreation Department developed Conner Park on Bluebill Avenue with eighty parking spaces to serve a future access point between Delnor-Wiggins State Recreation Area and the Vanderbilt Inn. The Department is working with the State Parks and Recreation Department to secure an access easement in exchange for improvements at Delnor-Wiggins. It may be possible to gain an easement from the owners of the Vanderbilt Inn in the future as well. 2.2. Conner Park Shelter and Rest Room. As the northern parts of Vanderbilt Beach are improved and additional access is added, the beach parking at Conner Park will be in increasing demand. A shelter and rest room will increase the amenity of this facility. Agend. a ~. t e~..~ "~ MAY 2 00.t Vanderbiit Drive. The Boat and Beach Access Report acknowledged the conflicting sentiment surrounding the future of the Vanderbilt Beach area and the resident outcD' that prompted the current moratorium. The report concluded that while a more equitable distribution of beachgoers along the entire Gulf front should be a primary goal of the County, Vanderbilt Beach is currently the most viable location for improving beach access. The following projects will work to that end: 3.1. Refurbishment of the Pedestrian Accesses. Refurbishment of the walkway easement on Vanderbilt Drive at the Mansions condominium is currently underway. Staffrecommends improvements to the other five walkways as well. :3.2. ~t the workshop on March 12, 2003, staff was given direction to provide rest room facilities in conjunction with any transportation shuttle program that would serve the improved accesses. The access easements are too narrow for such a facility, so the purchase of and improvements to lots along Vanderbilt Beach to serve that purpose will be necessary. This will improve the County's ability to qualify for State and Federal funding for renourishment of this beach, since the provision of a public beach access point every one-half mile is a requirement of these programs. Transportation Shuttle Service. To cost-effectively maintain the 1:150 parking ratio recommended in the Boat and Beach Access Report, a transportation shuttle service is proposed for the northern Collier County beaches. The purchase of Shuttle Busses and land for the parking area, as well as improvements to the parking area will be necessary. Florida Department of Transportation grant funds may be available for purchase of the shuttle busses. Vanderbilt Beach Park. A two-story, 400-space parking garage is planned for Vanderbilt Beach Park. This project is currently delayed by litigation, but resolution of the issue and completion of the project remains a recommendation of staff. With the introduction ora shuttle parking service and the possible construction ora parking garage at Vanderbilt Beach Park, this facility's existing rest rooms and boardwalks will need refurbishment or expansion. 6. Pelican Bay Beach Access. Collier County owns some inaccessible parcels of land between Vanderbilt Beach and Clam Pass. Staff recommends examining the viability of providing accesses in these areas. 7. Clam Pass Park. Refurbishments planned for this facility include parking lot resuffacing, new handrails, and improvements to the entrance booth. Tigertail Beach Park. The tidal lagoon at this park is now almost completely enclosed. A boardwalk connecting the mainland to Sand Dollar Island may be necessary in the future to allow visitors true Gulf-front access. The Parks and Recreation Department is currently developing the scope of a feasibility study to evaluate the environmental impact of this endeavor. Repairs to the dune walkovers at this park will be necessary within the next ten years. BOATING ACCESS Lake Access at Heritage Bay. In its review of the Heritage Bay Development of Regional Impact, the Parks and Recreation Department has requested that the developer, US Homes, provide access to one of the lakes within the area to offset the added strain on existing park facilities that the development will create. Access to Golden Gate Canals. Issues regarding recreational use of the Golden Gate canal system are currently under review by the County Attorney's office. Currently, an opportunity exists to purchase a parcel of land at the terminus of 58th Street, which could be developed to provide canal access. Bayview Park. The County should consider purchasing available space around the park to be used for additional trailer parking. The Parks and Recreation Department requested additional parking fi.om the Hamilton Harbor Development of Regional Agen/~ 'I t.e.,~-, No./, MAY 2 7 pg. Impact, and in original plans fifteen spaces were provided. However, the most recent plans show that the request could not be accommodated due to environmental issues. 4. Collier Boulevard Boating Park Expansion and Overflow Parking. Expansion to the north will add an additional 47 trailer parking spaces. A second phase of expansion to the south may add an additional 28 trailer parking spaces. This will be a multiyear project for which $600,000 is approved for FY 03 and $600,000 is planned for FY 04. Source funds are Boater Improvement Funds and Impact Fees. 5. Shell Island Road Boat Ramp. The Florida Department of Environmental Protection at Rookery Bay is interested in purchasing the boat ramp facility at the end of Shell Island Road from the Conservancy of Southwest Florida. DEP would then consider leasing the ramp to Collier County in exchange in part for funding to pave Shell Island Road. Improvements to the facility would be necessary. 6. Goodland Boating Park. Based upon previous Board direction, present Park plans will include two boat ramp lanes and 50 to 75 trailer parking spaces as well as a neighborhood park. This multi-year project has been accelerated to capitalize on existing permits issued to the previous property owner. Master planning is scheduled for FY 04 at $150,000. A $'/5,000 Florida Boater Improvement Program Grant has been applied for to offset this cost. Phase I development at $1,500,000 is slated for FY 05. Boater Improvement Grant funds can be pursued for development as well. 7. Everglades National Park. The master plan for Everglades National Park includes a boat ramp. The facility has yet to be built because funds have not been available. An opportunity exists for the County to partner with the National Parks System to see this facility to fi'uition. ~ +~~ ~Agend~ Item~ o.lC' MAY 2 7 2003 EXECUTIVE SUMMARY ADOPT A POLICY ESTABLISHING A RATIONAL FUNDING NEXUS BETWEEN PUBLIC BEACH USE AND RENOURISHMENT FOR TOURIST DEVELOPMENT FUNDS. OBJECTIVE: To protect the viability of the beaches while providing the community with public access. CONSIDERATION: State Statute allows for the use of tourist development funds to support the renourishment and maintenance of beaches and the acquisition of beach access. Historically, Collier County has utilized this fund to renourish beaches throughout the County with limited funding dedicated towards acquisition. Recently, however, this fund has become more competitive as funding requests have begun to exceed the available funding resource. Presently, the Coastal Advisory Committee prioritizes recommendations regarding renourishment projects, the Parks and Recreation Advisory Board prioritizes recommendations on Park projects, and the Tourist Development Council prioritizes the two sets of recommendations and makes a final recommendation to the Board based upon the level of available funding. However, there is no policy guiding the priorities between the various interests. The attached policy addresses this issue. Recognizing that renourishment and maintenance of the beach is predicated on the notion that the public should be able to enjoy it, this policy dictates that the amount ofavailable funding for renourishment is directly correlated to the amount of public access to that stretch of beach. In instances where there is limited access, the policy recommends that funding should be dedicated toward the acquisition of additional access consistent with the County Beach Access and Boat Launch Master Plan. Specifically, the proposed policy provides percentages of funding based upon access. Use is defined as access - the ability to park at the location and the amount of available amenities on site. For instance, an area of beach where there is only a beach walkover, but no parking or restroom may only constitute a 25% contribution, with the area property owners paying for the remaining 75% of the renourishment. Conversely, a hotel or public beach access such as Vanderbilt Beach would receive 100% funding. This plan is consistent with State and Federal guidelines in that it encourages access within every ~A mile of beach. This plan is also consistent with the Tourist Development Council's recent recommendation to identify alternative funding sources to leverage against TDC revenues. The County is not presently participating in the Federal funding program and is limited at the State level because of the lack of public beach access. If this policy is passed, however, and additional access is purchased in key locations as outlined Agenda,, I~em MAY 2 ? / in the Master Plan, the County will become more eligible for these grants and will therefore be able to fund additional renourishment projects in the long run. Beach access is a finite resource and the opportunities will diminish the longer the County waits to acquire needed property. At the same time, there is no dedicated funding source for this acquisition, lfthe need is not addressed in the near future, the County will be significantly hampered in leveraging Federal grants. FISCAL IMPACT: Funds are available in the Tourist Development fund, Category "A' funding and will not change as a result of this policy. GROWTH MANAGEMENT: This is consistent with the Growth Management Plan Conservation and Coastal Management Element, Section 10.2 which states "The County s hall continue t o ensure t hat access t o beaches, shores, a nd waterways remain available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition." And "Evaluate appropriate public access intervals for renourished beaches considering the demand for recreation and the ability of the natural system to support the demand. If existing access is not sufficient, then the County shall acquire additional access points as a part of the renourishment project." RECOMMENDATION: policy. That the Board of County Commissioners approve this PREPARED BY: ]John Dunnuck, Administrator Division of Public Services REVIEWED AND APPROVED BY: Ron Hovell, Coastal Projects Manager Division of Public Utilities APPROVED BY: James Delony, Administrator Division of Public Utilities DATE Agenda em No. /o ~ HAY 2 7 2003 pg. _ COLLIER COUNTY TOURIST DEVELOPMENT TAX FUNDING POLICY FOR CATEGORY 'A' PROJECTS Authori .W.: Florida Statute FL Statute 125.0104(5)(a)4: "To finance beach park facilities or beach improvement, maintenance, renourishment, restoration, and erosion control, including shoreline protection, enhancement, cleanup, or restoration of inland lakes and rivers to which there is public access as those uses relate to the physical preservation of the beach, shoreline, or inland lake or river." Purpose: Beaches and passes are primary resources for attraction of tourists. Therefore, the care and maintenance of these resources is a primary goal of tourist tax expenditure. Eligible Activities: - Beach access acquisition Beach park facilities improvement Maintenance of public bridges and public walkovers Beach restoration and renourishment, including design, permitting, etc. - Beach erosion control structure construction - Beach cleaning, raking and grooming - Beach access acquisition and improvement - Beach park improvements - Pass management, dredging and maintenance (sand placed on the beach) Design and engineering for beach renourishment and pass dredging projects including all permitting functions incidental to those projects Cost of follow-up management and monitoring studies Priorities and Fundine Philosophy: Public use is paramount. Acquiring, developing, and improving beach access and parks is the highest priority. Beach maintenance is the second priority and though storm and erosion protection for properties adjacent to beaches are important, they are not the focus of tourist tax funds. The various calculations and percentages that follow are to determine the tourist tax funding amount only and are not meant to impose any particular cost-sharing formula on property owners. I. BEACH ACCESS ACQUISTION The priority of beach access acquisition and access improvement will be determined by the policies, goals, and objectives established in the Beach Access and Boat Launch Master Plan as adopted by the Board of County Commissioners, effective per Resolution. II. EXISTING BEACH ACCESS / BEACH PARK FACILITIES Public access is the focal point of the state and federal cost-sharing programs. The Collier County Growth Management Plan, Section 10.2 states "If existing access is not sufficient, then the County shall acquire additional access points as a part of thel Agenda ~.em No. /~ _ MAY 2 7 2003 Pg .~ renourishment project." In order to leverage non-local funding, it is critical that public access development take precedent over all other eligible categories. BEACHES The beaches adjacent to the following categories of upland properties (including adjacent properties within distances addressed below) are considered the primary goal of tourist tax funding: - Public beach parks and lands - Hotels The more use (setting up with chairs or blankets, etc.) a particular stretch of beach receives, the more likely people will walk to find an open area. While walking along the shoreline is common, this is not the primary definition of beach use. Beach use is driven by the availability of access whether by parking, access points near residences, hotel guests, or beach residences. Accordingly, the following shoreline distances will be considered the highest priority for funding (reference to public land does not include state-owned land seaward of the Erosion Control Line but rather to property adjacent to the beach): - For public beach access points with at least 100 public parking spaces as well as restroom facilities, one half mile along the shoreline in each direction from the property lines of the beach access point, including the length of public land along the shoreline. For public beach access points with less than 100 public parking spaces or without restroom facilities, 1,000 feet in each direction from the property lines of the beach access point, including the length of public land along the shoreline. - For public lands without adjacent parking, the length of public land along the shoreline. For hotels, the length ofthe hotel property along the shoreline. Beaches are typically maintained in segments rather than property-by-property (a segment is defined as one continuous length of beach planned for maintenance, not inlet to inlet). Beach projects will be funded using the percentages below to calculate the tourist tax share of the project costs. The remaining project costs are to be cost-shared as determined by the beach segment adjacent property owners and the Board of County Commissioners. Agendi m No. /0 V MAY 2 2003 Pg- __ Tourist taxes will fund all project costs for public and hotel properties. 1. Properties within the distances above (1/2 mile or 1,000 feet): - Up to* 100% ofthe project costs 2. Properties in a beach segment with the highest priority properties and in between two of the highest priority public properties but outside the distances above: - For multi-family residences, up to* 90% of the related project costs - For single-family residences, up to* 75% of the related project costs - For other properties, up to* 50% of the related project costs 3. Properties in a beach segment with the highest priority public properties but outside the distances above: For multi-family residences, up to* 75% of the related project costs For single-family residences, up to* 60% of the related project costs For other properties, up to* 50% of the related project costs 4. Properties in a beach segment without any of the highest priority public properties: For multi-family residences, up to* 30% of the related project costs For single-family residences, up to* 25% of the related project costs For other properties, up to* 20% of the related project costs * based on funding availability, percentages may be lowered proportionally (any state or federal funding participation will be treated as reimbursement to the Tourist Tax funds) PASS MANAGEMENT~ DREDGING AND MAINTENANCE Dredging will only be considered for placing sand on a beach. The percentage of Tourist Tax funds will follow the same funding calculations as beaches based on where the sand will be placed. Dredging will be accomplished efficiently and Tourist Tax funds will not be used strictly for navigation dredging. Sand by-passing, as recommended in the inlet management plan, will be funded with Tourist Tax funds. If"out of cycle" dredging becomes necessary to support navigation, either: 1) requirements for sand by-passing, typically an available quantity to be dredged, will be reviewed for potentially shortening the cycle; or 2) Tourist Tax funds may be used based on the unit prices of the last previous dredging event and any excess costs will be absorbed by other funding. Agenda Item No.,/o MAY 2 7 2003 pg. AGENDA TRANSMITTAL SLIP Date Submitted · 3/31103 IAgenda Item Requested Agenda Date: ~'-t~.-c' APPROPRIATE HEADING {CIRCLE ONE' [] (2) Approval of Agenda and Minutes presentations Topics Advertised Public Hearings Public Comments on General [--1(14) Airport Authority [] (17) Summary Agenda [] (3) Proclamations [] (6) Public Petitions [] [] (12) Board of County Commissioners County Attorney's Report [] (4) Service Awards [] (7) Board of Zonin~l Appeals [] (10) County Manager's Report [] (13) Other Constitutional Officers E](15) Staff and Commissioner General [] (16) Consent Agenda Communications i Requested by: '" ; ~, .:. '~ {.c.' .... Jacqueline Hubbi~'rd Robinson, ~_~_~_~.~__('~ ./)/'f...c~-J/~ ~-- Assi~nt Cou~om y David C. w~ge~ ~. ~ ~ DMsion Head: /~'/C~~~ _/I Coun~ Affom~_ ~ J/~/'? Date: Date:~/~ Coun~ Manage~' N~adE. F~der, AICP ? ~/~ J~ V. Uuad, ~anager Tm~spo~afion Admini~mtor I~m TEle: R~nd~i~ th~ ~e Boa~ of Coun~ C~missioners, conditionally ~pt ~d~ e~ements and ~r ~ip~ill Lane; and appm~ an indention ~n~ and ~pt provision of ~h ~row and I~er of cr~it as s~ fo~h in ag~nL ~1 m~m ~in to t~ land a~uisifion and con~ru~ion of a roadway on the pro~ ~nd~ion~ly a~ by the Coun~ ~r ~n~ru~i~ by p~v~ ~ of ~ip~ll ~ne. List of Documents Attached: 1. Executive Summary (required) 3. Exhibits A, B, C, D, E 5. 2. Indemnification Agreement 4. 5 27 O3 10G EXECUTIVE SUMMARY STAFF RECOMMENDATION THAT THE BOARD OF COUNTYCOMMISSIONERS: CONDITIONALLY ACCEPT RECORDED EASEMENTS AND DEEDS FOR WHIPPOORWILL LANE; AND APPROVE .aN INDEMNIFICATION AGREEMENT; AND ACCEPT PROVISION OF CASH ESCROW. All 1VL4TTERS PERTAIN TO THE LAND ACQUISITION AND CONSTRUCTION OF A ROADWAY ON THE PROPERTY ACCEPTED BY THE COUNTY FOR CONSTRUCTION BY PRIVATE PARTIES OF WHIPPOORWILL LANE OBJECTIVE: First: To secure the Collier County Board of County Commissioners conditional acceptance of easements from property owners along Whippoorwill Lane for construction of the road by private parties. Putte Home Corporation and PR IV, a Florida Limited Liability Company have agreed to enter into a Hold Harmless and Indemnification Agreement with Collier County so that they may utilize the South Florida Water Management Permit currently in the name of' Collier County in order to construct Wtfippoorwill Lane. Once the Collier County Board of County Commissioners conditionally accepts what Collier County staff has determined to be 100% of the rig~ht of way needed for the construction and acceptance of the road, the Hold Harmless and Indemnification Agreement and Escrow Agreement will be simultaneously presented to the Collier County Board of County Commissioners on today's agenda for approval. If the property is not released from all liens and encumbrances within sixty (60) days, from the day of conditional approval by the County, the acceptance will terminate and Pulte and PR IV shall be responsible for all costs associated with the deletion of the County from any recorded documents. Second: Secure the Collier County Board of County Commissioners approval of a Hold Harmless and Indemnification Agreement and Escrow Agreement with Orion Bank between Collier County and the purchaser of land along Whippoorwill Land, Pulte Home Corporation and the seller of the land, PR IV, LLC. Recently, through formal action of the Collier County Board of County Commissioners on February 11, 2003, Collier County delayed acceptance of these easements. The Collier County Board of County Commissioners also repealed Resolution No's. 2000- 147, 2000-166, 2000-414, 2000- 422, and 2001-246 pertaining to the involvement of the County in the construction of Whippoorwill Lane. The Board denied acceptance ,of any easements for WhipPoorwill Lane until completion of the construction and acceptance of the road. At the February 11th meeting the Board also stated that all permits must be applied for, issued and executed in the name of the developer[s], not the County. / The Board further instructed staff that an acceptable hold ham~less and indemnification a~eement must be drafted and entered into by the property owners protecting the County or a liability insurance policy, naming the County as an additional insured must be procured that is acceptable to the County. However, after recent further meetings with agents of the Pulte Home Corporation and the seller, PR IV, LLC, County staff agreed to recommend to the Collier County Board of County Commissioners that: 1. Since the Pulte Home Corporation and PR IV, LLC have been able to successfully acquire 100% of the land needed for construction of the roadway along Whippoorwill Lane, (as determined by County staff); then 2. County staff is recommending to the Collier County Board of County Commissioners that the Board allow the Pulte Home Corporation or PR IV to utilize the South Florida Water Management Permit currently issued in the name of Collier County for the construction of the roadway, solely at their expense; and 3. The Pulte Home Corporation and PR W, LLC. will indemnify and hold harmless the County from any and all claims and liability of any kind resulting from the acquisition of the land and the construction, attempted construction, or failure to construct the roadway along Whippoova, ill Lane. 4. In the event the purchase and sale of the Whippoorwill Woods Property to Pulte is not completed by April 30, 2002, PR IV will be responsible for the Hold Harmless and Indemnification provisions. Additionally, PR IV will post a $1,000,000.00 Letter of credit to guarantee the indemnification provisions under the A~eement. CONSIDERATIONS: First: The property owners along Whippoorwill Lane entered into an a~eement concerning the construction of the Whippoorwill Lane roadway. Collier County is not a party to this a~eement. In an effort by the Developers to expedite the process, easements from most of the property owners were secured in the name of Collier County and recorded in the public records. Collier County staff did not participate in, nor authorize the acquisition of these easements. The easements and deeds and all needed title information from the landowners and their representatives, have been reviewed for legal sufficiency by Collier County staff. Collier County will not participate in any costs related to the construction of this road. The parcels acquired by the developers to be accepted by the County are identified in Composite Exhibit "A" to this Executive Summary. Second: The Whippoorwill roadway project is located on the south side of Pine Ridge Road, approximately 1/2 mile west of 1-75; and consists of the paving along Whippoorwill Lane and Nighthawk Drive, reconstructing roadway swales as well as installing drainage structures and pipes. The work along Whippoorwill Lane begins approximately 750 ft. south of Pine Ridge road and ends in a cul-de-sac just south of the entrance to the Whippoorwill Woods development. The end of the road does not cross the Ken~sin~o~a""-~ ............ 5 2 7 0 3 ! Canal or the regional flow way which extends from the 1/2 section of land on the ~vest side of the road, across Whippoorwill Woods to the 1-75 right-of-way and the D-2 Canal. The South Florida Water Management District permit, has been issued in the name of the County. The County has informed the South Florida Water Management District that it prefers permit 11-02182-P to be in the name of Pulte or another property owner[s] along Whippoorwill Lane. However the permit is currently still in the name of Collier County. Collier County, through this agreement, intends to ensure that it is adequately protected, indemnified and held harmless from the use of the South Florida Water Management District Permit No: 11-02182-P, issued in the name of Collier County, by Pulte and PR IV, LLC, jointly and severally, and for Pulte's construction of the roadway and for any claims resulting from the acquisition of the right of way for the road. Under the agreement, Collier County is only allowing the use of the above- referenced permit on the condition that Pulte and PR IV, LLC shall have all responsibility for adhering to any and all permit conditions, in lieu of the County, including restoration of any protected areas and resolving any issues pertaining to the real property involved in the construction of the roadw, ay, including removal of any hazardous substances and any environmental mitigation that may be required. The property owners along Whippoorwill Lane entered into an agreement pertaining to the private construction of this roadway. Collier County is not a party to this agreement. In an effort by the Developers to expedite the process, certain easements from most of the property owners were secured in the name of Collier County and recorded in the public records of Collier County. Collier County staff did not participate in, nor authorize the receipt of these easements. The recorded documents are being reviewed for legal sufficiency, land area, and clear title. Collier County staff began this process on or about January 24, 2003. Once reviewed and found acceptable, Collier County staff has agreed to present the acquired rights-of-way to the Collier County Board of County Commissioners for acceptance, conditioned upon adherence to the Indemnification Agreement. In order to protect Collier County from potential liability, it is recommended that the indemnification agreement be approved prior to any construction occurring and simultaneously with the acceptance of the easements for the roadway. The record needs to reflect that Collier County does not accept any responsibility for the construction or the completion of construction of this roadway. If the Pulte Home Corporation fails to complete the road, it shall be the responsibility of the Pulte Home Corporation and PR IV, LLC to return all easements to the property owners and bear all expenses for the completion of the road. A cash sum of $100,000.00 will be deposited into an escrow account for the immediate use of the County in the event of any claim. This cash amount is in addition to the insurance policy and personal liability of the parties. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact. 5 27 RECOMMENDATION: That the Board of County Commissioners: Conditionally accept the easements and deeds along Whippoora'ill Lane without acceptance of any obligation to construct the roadway and with knowledge and anticipation of entry into a Hold Harmless and Indemnification A~eement immediately following this acceptance from Pulte Home Construction, h~c. and PR IV LLC. Approve the attached hold harmless and indemnification a~eement, and the escrow a~eement. · ~q~eiin'~'~u'blJ bi )~ssistant county Attorney Re'dewed by: Approved by: No~rna~Pede/, Tr~insportation Administrator / Date: 5 27 10G O3 ~ar 31 2003 1G:2O P. D2 pA_RCELS ~'2, 3~ 4 a,,d 5 Easement Axes graat:d by Parcel 2 Owner: The ~ 40 f~=t of~c N ~ of ~c SE 1/4 of~: SW 1/~ of S~cfion 1 B; To~s~p 49 Sou~ ~ 26 E~ Co'er Co~, Florid~ :on~n~ng 26,408 sq~¢ fc=t more or less. Easement Area granted by Parcel 3 Owner: The East 40 fact of~ha -East M: of the SE 1/4 of the N'E 1/4 of the SW 1/4 of Se--~don 18, - Io~m.<mip 49 South, Rang: 26 East, Collier County, Florid~ c~t~ining 26,40g square f-.=-t mom or less. E~sement Area granted by Parcel 4 OWner: East 40 fe=t mud th". W:st 15 ~at of%he E~: i5 f::t of~: No~ 62.41 f=~t of~: N % of~ 1/14 of~e SW 1/4 of Section 1~, Io~hip 49 SoU~ ~ 26 ~ Co15= Co--U, Flofidg con~g 27,3~ sq'~: f=:t more or lass. Easement Area Gr~nt:d by Parcel 5 Owner: The East 40 fe~ and the We~t 15 feat of the East 55 f¢el of th-' Soath 317.59 feet of the · $ V= of tha SE I/~ of the N'W U4 of SeCtion 18, Town.skip 49 South, Range 26 Em. st, ColIiar County, Florida, zen'mining 31,172 square fe~ mor~ or less. p_~.RCEL # 6 Easement Axca Granted by Parcel 6 Owner: The East 30 feet of faa South Y~ of the South ¼ of the Nortl~ ~A offa~ SE 1/4 0fthe N'W 1/4 of Sezfima lB, Town.ship 49 South, Range 26 East, Collier County, Florida, containing 1,800 squat: f¢~ mo~ or less. PARCEL #7 Easement Area Granted.by Parcel 7 Owner: The East 30 fegt of the Sou'th ~A of the South 'A of the North ½ of+he SE 1/4 of the NW 1/4 of gacfi.~n 18,/~ownship 49 South, Kang~ 26 Ea.~, Collier ~ounty,'Florid~ con, mining 3,15I S~ukr~ feet more or less. ' ' 5 27 03 10G Nar 31 2DO3 1G:2D P. D3 pARCEL Easement Ares granted by Parcel 8 Owner: The East 30 feet ofthe North ~,i'ofthe South % of the NOrth M of the SW 1/4 of the 1/4 of Section 18, Tow~hip 49 South, Range 26 Ea-~ Colii-,r County, Florida, con~dnlng 4,952.00 squar-, ~=t mor~ or less. F_~RCEL$ ~ and lq Easament Area granted by Parcel 9 Owner: 'I3~e East 30 feet of the South ¼ of the North ½ of thc North ½ of the 1/4 of Section lB, Township 49 South, Range 26 East, Colii-,I Coullly, Florida. Easement Area grant~l by Parcel 10 Owner: T~'- East 30 feet of'a-, North ~k' (~) of~ Sou~=~t (1/~) of~: Na~w:st Sou~ 60 ~ct of~: E~t ~ (~) of~ No~c~z Q~ (1/4) of~e No~st Qu~ Cl/4) s~c~on I~, To~hip 4~ Sou~ ~g: 26 E~t, Co~:r Co~5', Flofid~ ~outm~g 6,751 squa: f:~t more or l~ss. Easement A. rea gran%ed by Parcel 11 Owner: Th-. East 30 feet of the e~t half (~) of th: east half(½) of the northeast quarter (1/,) of th: narthv~-st quarter (,/l) of Se~-'tion lB, To'~m.~b_ip 49 South, Range 2'6 East, Collicr County:, Florida; Isss the south 60 fe~ per O:~:iE R~ordz Book !559, Page t4 and th-, nomh 150' for th-, P~u= Kidg-, Road right-of-way, and I~z; that portion of th-, :asr ~0 feet as d-,scribed in that c-,train Order of Taking per O~ial Repnrd Book 2660 at pages 3375 throuy=h 33~3, com*~ining lg,413 square fe-,t, mot= or PARCEL Easement Area granted by Parcel 12 Owner: The West 40 fe~ of the South ½ of the N-'W 1/4 oft he N'E 1/4 of S action 1 B, Township 49 Souti~ lZ.a.uge 26 E~t, Collier Cou.uty, Florida, cOnt~ng 26,41~ s/tu~e fe~ mor~ or I-,ss. PARCEL #13: = · Area gr~nted by Parcel 13 Owner by Special Warranty Deed:. .- The W=st 40 fe=t of th~ SW1/4 °f th~' NE1/4 °f Se¢il°n l $' T°wnship 49 S°uth' Rang~ _. .~ 26 ~sst, Collier County, Florida, 52,816 square feet mom ~r less. . 5 27 03 10G ~,~ar 31 2003 16:20 p_XRCEL #14 ~d l~ Easement Area g~nted by Pa~cl I4 ~ner; Th~ West 40 feet of~c West 50 f~t ~e ~ 1/4 of~ ~V 1/4 of~c SE 1/4 ~d ~c N~ ~/4 of~c'~ U4 of~ ~ 1/4 of~ SE 1/4 of S~on 18, Tulip 49 Sou~, R~g: 26 E~ ~cr Co~', Flofid~ coning 26,408 squ~ ~t more 'or l~ss. Easement .Z~rea granted by Parcel 15 Owner: . .. Th: West 4{] feet of the North ½ of fao South ½ of the 1',~; 1/4 ofth¢ SE 1/4 of Szotion 18, Township 49 South, Range 26 E.a.% Collier CountY, Florifik, containing 13,204 squar¢ feet mo~ or less. FARCEL ~,16 Easement .krea gr~nted by parcel 16 Owner: ~'-ae We~ 30 f¢¢t of~e Sou~ V: of~e Sou~ ~ of ~¢ ~V 1,/a of~¢ SE 1/4 of Se~on 18,/o~hip 49 Sou~ ~ge 26 E~% ColBer Co~5', Florid% cant~g 9,903 sq~¢ FARCEL #17 and 1~ Easement Area granted by Parcel 17 Owner: ~-n: West 40 feet of the North ½ of the SW 1/4 of/he SE 1/4 of Section t8, Township 49 South, Ran?- 26 East, Collier Co=W, Florida, containing 26,408 {quake feet more or less. Easement .4u'ea granted by Parcel 18 O~-ner: Th= West 40 fe~ of the South ~ of the SW 1/4 of the -gE 1t4 of Se:fion 18, Township 49 South, Range 26 East, Collier County, Florida, ¢oulmini~g 26,408 square fe~ more Or less. 5 27 03 1'0 o Whippoorwill Lane Hold Harmless and Indemnification Agreement THIS HOLD HARMLESS AND INDEMNIFICATION AGREEMENT (the "Agreement") is entered into this ~ day of __, 2003, by and between PULTE HOME CORPORATION (hereinafter "Pulte"), a Michigan corporation with an address of 9148 Bonita Beach Road, Suite 102, Bonita Springs, Florida 34135, PR IV, LLC, an Indiana limited liability company (hereinafter "PR IV"), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, (hereinafter referred to as "County"). WHEREAS, Upon acceptance of the land needed for the Project described in Exhibit "A" (said exhibit is attached hereto and incorporated herein by reference;) upon which the property owners along Whippoorwill Lane are desirous of constructing a roadway, in conformance with County standards and policies, (hereinafter the "Project"); and WHEREAS, the Project is located on the south side of Pine Ridge Road, approximately V2 mile west of 1-75; and WHEREAS, the Project consists of the paving of Whippoorwill Lane, (hereinafter the "roadway"), and, along Whippoorwill Lane and Nighthawk Drive, reconstructing roadway swales as well as installing drainage structures and pipes. Such work along Whippoorwill Lane begins approximately 230 ft. south of Pine Ridge road and ends in a cul-de-sac just south of the entrance to the Whippoorwill Woods development. The end of the road does not cross the Kensington Canal or the regional flowway which extends from the V2 section of land on the west side o£the road, across Whippoorwill Woods to the 1-75 right-of-way and the D-2 Canal); and WHEREAS, most of the property owners along Whippoorwill Lane have agreed in writing to cooperate in the construction of the Project along Whippoorwill Lane consistent with and in conformity with County standards, (a copy of the writing is set forth herein in Exhibit "B", however this agreement is expressly not made a part of the indemnification agreement herein between Pulte and the County, nor shall the County be involved in or bound by its terms); and WHEREAS, Pulte and PR IV have entered into a purchase and sale agreement for the purchase by Pulte of land along Whippoorwill Lane from PR IV, (the "Property"), and WHEREAS, upon the completion of the sale to Pulte from PR IV, Pulte intends to undertake the responsibility for the actual construction of the Project; and WHEREAS, upon final completion of the Project, Pulte intends to present said roadway to the County for acceptance; and WHEREAS, the County shall not be involved in the construction of the Projectt WHEREAS, the County shall accept the Project only if, in the opinion of the County, the roadway is built consistent with and in conformity with County standards; WHEREAS, the South Florida Water Management District permit, (attached hereto as Exhibit "C"), has been issued in the name of the County and the County has informed the South Florida Water Management District that it prefers permit 11-02182-P to be in the name of Pulte or another property owner[s] along Whippoorwill Lane; and WHEREAS, the County, through this agreement herein, intends to ensure that it is adequately protected, indemnified and held harmless from the use of said South Florida Water Management District Permit No: 11-02182-P, issued in the name of Collier County, by Pulte and PR IV, LLC, jointly and severally, in the construction of the Project and; and WHEREAS, Collier County is only allowing the use of the above-referenced permit on the condition that Pulte and PR IV in some instances and Pulte or PR IV in other instances as set forth in this Agreement, shall have all responsibility for adhering to any and all permit conditions, in lieu of the County, including restoration of any protected areas and resolving any issues pertaining to the real property involved in the construction of the roadway, including removal of any hazardous substances and any environmental mitigation that may be required; and WHEREAS, Pulte and PR 1V have proceeded to acquire certain easements along the roadway from the other property owners and have recorded these easements in the name of Collier County; and WHEREAS, through formal action of the Collier County Board of County Commissioners on February 11, 2003, Collier County delayed acceptance of these easements, (a copy of the Executive Summary setting forth the easements is attached hereto as Exhibit "D" and is incorporated herein by reference); and WHEREAS, in an effort to facilitate the construction of the road, Collier County has agreed, pursuant to PR IV and Pulte's agreement to hold harmless and indemnify Collier County as set forth herein, to allow either Pulte or PR IV to proceed to construction of the Project once 100% of the property needed for the roadway has been acquired; and WHEREAS, this Agreement incorporates the actions taken by the Collier County Board of County Commissioners as shown in the Minutes of the February 11, 2003 Board meeting; and WHEREAS, this Agreement is written to insure that the County is indemnified and held harmless by PR IV and Pulte, jointly and severally, on the terms and conditions hereinafter set forth, from any and all actions, damages, and claims of any sort or type resulting from or pertaining to the maintenance of the land along Whippoorwill Lane, the acquisition and/or attempted acquisition of the land along Whippoorwill Lane and the construction of the roadway along Whippoorwill Lane and any actions or omissions pertaining or related thereto. 5 27 2 WITNESSETH: All of the preceding clauses are incorporated herein and expressly made a part of this Agreement. All obligations, liabilities, responsibilities, duties and indemnities of Puke under this Agreement are expressly conditioned upon Pulte acquiring fee title to the Property described as the Whippoorwill Woods PUD in Ordinance No. 98-64. In the event Pulte does not acquire this Property on or before April 30, 2003, PR IV shall be responsible for all obligations, liabilities, responsibilities, duties and indemnities herein and Pulte shall have no obligations, liability, responsibilities, duties and indemnities under this Agreement. In the event Pulte does acquire the property, on or before April 30, 2003, PR IV, LLC shall be released from any liability herein as of the date of the recording of the deed of the Property to Pulte and Pulte shall remain solely liable for all matters, except for: any claims relating to the acquisition of the property along Whippoorwill Lane obtained by PR IV or agents of Pulte and PR IV prior to the date of the recording of the deed from PR IV to Pulte. This liability is not limited to claims that have been asserted prior to the recording of the deed from PR IV to Pulte. Pulte and PR IV agree to release from liability and to hold harmless the County, it's employees and agents against any and all claims brought by or on behalf of any person, or legal entity which may arise from Pulte's or PR IV's use of any property, premises, and from the construction of the above-referenced roadway and will further indemnify and hold harmless the County from any act or claim of negligence of Pulte or PR IV, its' agents, participants, contractors or employees, or others from all costs, attorney's fees, expenses, and liabilities incurred as a result of any claim or proceeding brought thereon, resulting from or concerning the construction of or acquisition of or purchase, exchange, sale, lease or procurement of any kind or nature or duration of the land for Whippoorwill lane, all to the extent of the County's liability under general law. PR IV shall remain liable to the County, jointly and severally with Pulte to the extent set forth in the preceding paragraphs. Pulte shall remain liable to the County, jointly and severally with PR IV to the extent set forth in the preceding Paragraphs Two 2 and Three (3). Prior to the beginning of construction of the roadway and at least five (5) days prior to any notice to proceed issued to any contractor regarding any aspect of construction of the roadway, Pulte or PR IV, (depending upon which party is responsible for constructing the roadway and the party with that responsibility shall obtain the insurance required under this Paragraph), shall procure and maintain liability insurance coverage which shall be in an amount not less than $2,000,000.00 per person and 2,000,000.00 combined single limits during the term of this Agreement per incident or occurrence for personal injury, death, and property damage or any other claims for damages caused by or resulting from any and all activities related to the acquisition, purchase, exchange, sale, lease, or procurement of any kind, nature or 5 27 03 lOG duration of any portion of or parcel of any real property related to the construction and maintenance of the roadway as graphically shown in Exhibit "A" to this Agreement. Pulte or PR IV shall maintain such insurance upon completion of construction of the roadway until the earliest to occur of (a) the date of County acceptance of the roadway, (b) the date of County refusal to accept the roadway, or (c) one (1) year from the date of completion of construction of the roadway. Such insurance policy (ies) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Manager, with a copy to the Collier County Attorney, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the execution of this agreement by the Board of County Commissioners, and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County Risk Manager in the event of cancellation. Pulte or PR IV shall purchase all policies of insurance from a financially responsible insurer duly authorized to do business in the State of Florida and acceptable to the County Attorney. Pulte or PR IV shall be financially responsible for any loss due to failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set forth shall constitute a breach of this Agreement. o Prior to the beginning of construction of the roadway and at least five (5) days prior to any notice to proceed issued to any contractor regarding any aspect of construction of the roadway, Pulte or PR IV shall procure a Performance Bond equal to the final estimated probable cost of construction of the road that shall be based upon a signed certification of a licensed professional engineer, plus a 20% contingency, in a form reasonably acceptable to the County Attorney. Within two (2) days of the execution of this agreement by Collier County, PR IV shall deposit the cash sum of One Hundred Thousand Dollars ($100,000.00) into an escrow account held by the Orion Bank in Collier County, Florida. Said funds shall be made immediately available to the County, upon demand, pursuant to the Escrow Agreement attached hereto as Exhibit "E" to this Agreement. These funds shall be held for the use of the County in the event any claim or demand is made or litigation initiated against the County by any person or entity and such claim, demand, or litigation is related to or pertaining to the acquisition, maintenance, or use of any of the property involved in the design for or construction of the roadway, including any title or ownership issues and also to any claims or litigation pertaining to, related to, or concerning the construction of the roadway itself. These sums shall be released to PR IV or its assigns within sixty (60) days of acceptance of the roadway by Collier County. 10. Prior to any acceptance of the property described in Exhibit "A" by the County, Pulte or PRIV shall deliver a title policy commitment or opinion acceptable to the County Attorney, indicating that the property is fee and clear of all liens and encumbrances. 5 2 7' 0 ,S 11. Prior to any acceptance by Collier County of any of the property pertaining to this project, Pulte or PR IV shall ensure that all such lands are delivered to the County with clear title, free of all liens and encumbrances and conveyed in recordable instruments acceptable to the County Attorney. All costs of recordation shall be borne by Pulte or PR IV. Pulte and PR IV shall have sixty (60) days from the execution of this agreement to secure clear title acceptable to the County Attorney. The acceptance of the property for the Project by the County is for the sole purpose of allowing Pulte or PR IV to construct the roadway utilizing the County's South Florida Water Management District Permit # 11-02182-P. 12. Pulte or PR IV shall be responsible for compliance with all permit requirements and the County shall have no financial responsibility for any permit requirements pertaining to the construction of the project. The responsible party under this Paragraph shall be either Pulte or PR IV, depending upon whether Pulte completes the purchase of the Whippoorwill Woods property previously identified herein by April 30, 2003. If Pulte does complete the purchase, it shall be responsible for adherence to the permit conditions in lieu of the County, if not, and if the other conditions herein are satisfied, PR IV shall be responsible. 13. The County shall allow Pulte or PR IV to utilize any permits issued in the name of the County existing as of the date of approval of the agreement by the County, however, such use shall not be construed to confer any joint project status for this Project between Pulte and the County, nor confer any duty or commitment by the County to be responsible for any permit conditions or requirements until approval and acceptance of the Project by the County. 14. All construction plans, specifications and conveyances shall be in conformity with the road construction standards and procedures of the County and shall be first approved by the County prior to commencement of construction. 15. Upon acceptance of the land needed for the Project, Collier County will issue a right of way permit, if, in the opinion of the County such permit should be issued. 16. Pulte and PR IV acknowledge and agree that each of them has full power and authority to cause the construction or installation of the Project and thereafter execute or cause to be executed, any and all documentation necessary to convey the contribution to the County in conformance with the County's transportation standards, procedures, ordinances and regulations. 17. The duration of this Agreement shall be for a period from its execution until two (2) years from the date of final completion of the approved plan of construction, exclusive of any moratoria. For the purposes of this Agreement, the date of final completion shall be the date of final acceptance by the County. Pulte and PR IV agree that the roadway set forth in Exhibit "A" shall be completed by January 31, 2006. 5 2 [ 0 3 5 18. 19. 20. 21. 22. 23. This Agreement shall be recorded in the Official Records of Collier County, Florida. Pulte and PR IV shall keep or provide for retention of adequate records and supporting documentation that concern or reflect any claims made for damages of any sort pertaining to or concerning the Project. This information shall be made available to the County or its duly authorized agent or representative, for audit, inspection, or copying at any time, upon request. Pulte and PR IV shall retain such records for a minimum of five (5) years from the termination of this Agreement. Pulte and PR IV shall inform the Office of the County Attorney in writing, with a copy to the Transportation Administrator, of any claims, demands and threatened litigation that may involve the County within forty-eight (48) hours of its knowledge of such claim, demands and/or threatened litigation. If so requested by the County, all disputes under this Agreement shall utilize the County's then existing Alternative Dispute Resolution Procedure. This Agreement shall not be assignable by Pulte or PR IV to any successor in title of the Property or any other entity, without the prior written consent of the County. Such consent by the County shall not be unreasonably withheld. In the event Pulte or PR IV sells, transfers or conveys the Property, all obligations, liabilities, responsibilities, duties and indemnities under this Agreement shall remain in effect until the County accepts an assignment to the successor in title. Upon County approval of any assignment, the assignee shall be responsible for assurances and indemnifications hereunder. In the event Pulte does not acquire the Whippoorwill Woods property and PR IV becomes obligated to construct the roadway, Collier County and PR IV shall execute a Letter of Credit in the amount of $1,000,000.00 as a guarantee for the completion of the Project, maintenance of the Project, and for any claims relating to or resulting from the acquisition of the roadway for the Project. Collier County shall have a right to call upon the Letter of Credit the event any claim is not paid ninety (90) days after Collier County demands payment. No additional notice shall be required. The Letter of Credit shall be in a form acceptable to the County Attorney and submitted to the County Attorney for presentation to the Collier County Board of County Commissioners for approval no later than thirty (30) days after execution of this Agreement. The Letter of Credit shall remain in full force and effect for the duration of this Agreement and shall be used by the County for securing the payment of any obligations that arise due to the acquisition, construction or maintenance of the roadway. The lien shall expire upon the earlier to occur: (a) the acceptance of the roadway by the County; or (b) one year from the expiration of this Agreement. This lien is in addition to the insurance and performance bond obligations set forth herein. Failure to adhere to this provision shall constitute a material breach to this Agreement. 5 2? 03 24. Pulte and PR IV, depending upon which party has the responsibility under this Agreement to construct the Project, agree to abide by all conditions of the South Florida Water Management District Standard Permit No. 11-02182-P, issued on February 11, 2003 (attached as Exhibit "C") and any subsequent amendments, including, but not limited to the following (provided, however, in the event the following General Conditions or Special Conditions are inconsistent with the conditions to said Permit, the conditions to said Permit shall control): GENERAL CONDITIONS a). All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. b). Activities approved by this permit shall be conducted in a manner, which does not cause violations of State water quality standards. Pulte or PR IV shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving water body exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E- 4.091, F.A.C. unless a project-specific erosion and sediment control plan is approved as part of the permit. Thereafter Pulte or PR IV shall be responsible for the removal of the barriers. Pulte or PR IV shall correct any erosion or shoaling that causes adverse impacts to the water resources. c). Pulte or PR IV shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, Pulte or PR 1V shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. d). When the duration of construction will exceed one year, Pulte or PR IV shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. e). Within 30 days after completion of construction of the permitted activity, Pulte shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the supplied Environmental Resource Permit Construction Completion/Certification Form Number 0881. the statement of completion and certification shall be based on onsite observation of construction or review of as-built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved drawings is discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "As-built" or "Record" drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. f). The operation phase of this permit shall not become effective: until Pulte or PR IV has complied with the requirements of condition (e) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the District in accordance with sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, Pulte or PR IV shall initiate transfer of the permit to the approved responsible operating entity if different from Pulte or PR IV. Until the permit is transferred pursuant to Section 40E-1.6107, F.A.C., Pulte shall be liable for compliance with the terms of the permit. g). Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. h). For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must be received by the District if and when maintenance and operation of the system is accepted by Collier County. Failure to submit the appropriate final documents will result in Pulte or PR IV remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 5 27 03 '8 i). Should any other regulatory agency require changes to the permitted system prior to acceptance by the County, Pulte or PR IV shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. j). This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorization prior to the start of any activity approved by this permit. This permit does not convey to Pulte or PR IV or create in Pulte or PR IV any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by Pulte or PR IV, or convey any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E-40, F.A.C.. k). Pulte or PR IV is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the .use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, Pulte or PR IV is responsible for obtaining any necessary authorization from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. 1). Pulte or PR IV must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E-20.302(4), F.A.C., also known as the "No Notice" Rule. m). Pulte or PR IV shall hold and save the District and Collier County harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. n). Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise. o). Until accepted by Collier County, Pulte or PR IV shall notify both Collier County and the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E-1.6105 and 40E-1.6107, F.A.C. No property shall be recorded in the name of Collier County until express authorization to do so has been obtained from the County. No property shall be recorded in the name of Pulte or PR IV transferring the permit until express authorization to do so has been obtained from the District. Pulte or PR IV shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. ~ 2 7' 0 3 9 p). Upon reasonable notice to Pulte or PR IV, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. q). If historical or archaeological artifacts are discovered at any time on the project site, Pulte or PR IV shall immediately notify the appropriate District service center. r). Pulte or PR W shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. SPECIAL CONDITIONS: s). The construction phase of this permit shall expire on February 11, 2008. t). Operation and maintenance of the roadway shall be the responsibility of Pulte or PR IV until transferred to and accepted by Collier County. The operation of the surface water management system which receives m-off from the roadway shall be the responsibility of Pulte or PR IV, the developer of the Whippoorwill Woods development. u). Woods. Discharge Facilities: Through previously approved facilities within Whippoorwill v). Pulte or PR IV shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. w). Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not occur in the receiving water. x). The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. y). Facilities other than those stated herein shall not be constructed without an approved modification of this permit. z). A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feed of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. aa). Pulte or PR IV shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments/debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 10G bb). Any future proposed work within the conservation easement shall require a modification to this permit and will be subject to evaluation of wetland impacts an potential mitigation requirements in accordance with the environmental criteria in effect at the time of the application for any such proposed work. cc). No later than April 7, 2003 and prior to impacting wetlands shown on Exhibit No. 9 of the permit, Pulte or PR IV shall submit verification from Panther Island Mitigation Bank that 0.24 credits have been debited from the Mitigation Bank ledger as mitigation for this impact. dd). Activities associated with the implementation of the mitigation, monitoring and maintenance plan(s) shall be completed in accordance with the work schedule attached as Exhibit No. 10 to the permit. Any deviation from these time frames will require prior approval from the District's Environmental Resource Compliance staff. Such requests must be made in writing and shall include (1) reason for the change, (2)'proposed start/finish and/or completion dates; and (3) progress report on the status of the project development or mitigation effort. ee). No assignment without prior written consent of the County will be inserted. IN WITNESS WHEREOF, PR IV, Pulte and the County have caused this Agreement to be duly executed as of the date and year first above written. PULTE: Witnesses: Signature Print Signature Print PULTE HOME CORPORATION, a Michigan Corporation By: Print Name: Title: (CORPORATE SEAL) 5 27 0 lOS 11 PR IV, LLC: Witnesses: Signature Prim Signature Print PR IV, LLC, an Indiana Limited Liability Company By: Print Name: Title: (CORPORATE SEAL) COUNTY: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, Chairman Approved as to form and legal sufficiency: Jacqueline Hubbard Robinson Assistant County Attorney 10G 12 EXHIBITS Exhibit "A": Exhibit "B": Exhibit "C": Exhibit "D": Exhibit "E": Legal Description & Graphic Rendering of Property Agreement of Property Owners for Construction Copy of Permit No. 11-02182-P Copy of Executive Summary Form of Escrow Agreement 10G 13 EXHIBIT "A" Legal Description & Graphic Rendering of Property 5 27 O3 Mar 31 2003 16:20 P. 02 PARCEL ~2 3 4 d5 Easement Area grsnted by Parcel 2 Owner: The East 40 feet of the N ½ of the SE 1/4 of the SW 1/4 of Section 18; Township 49 South, Pumg~ 28. East, Collier County, l~lqrida, co. nt~dning 26,405.squ~'e feet more or less. Easement Area gr~mt~d by parcel 3 Owner: The East 40 feet offlae Fast ½ of the SB 1/4 ofthe NE 1/4 of the SW 1/4 of Seztion 18, . Township 49 South, P-~age 26 East, Collier County, Florida, c~ntaining.26,408 squ~.e feet more or less. E~sement Area granted by Parcel.4 Owner: TJae East 40 feet ~ud the West i5 feet of the Eas~ 55 feet of the North 62.41 feet of the N ½ offlie ' NE 1/14 oft. he SW 1/4 of Section 18, Township 49 Soizth, Range'26 East, CoLlier County, Florida, containing 27,344 squa/e feet more .or less. Easement Area Grunted by Pared 5 Owner: The East 40 feet and the Wc~t 15 feet ofthe East 55 feet of the South 317.59 feet of the · S ½ of the SE 1/4 oft. he NW 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, containing 31,172 squa?e feet more or less. p~ARCEL # 6 Easement Area Granted by Farcel 6 Owner: The East 30 feet of the South ½ of the South ¼ of the North ~ of the SE 1/4 0fth6 NW 1/4 of Section 18, Township 49 South, Rz.uge 26 East, Collier County, Florida, containing 1,800 square feet more or less. Easement Area Grantedby Parcel 7 Owner: The Bast 30 feet of the South ½ of thc South ½ of the Nqrth ½ of the SE 1/4.of the NW 1/4 of Section 18, '/"ownship 49 South, Range 26 Ea~i, Col!i.'er Couuty,'Florld~/c?ntaining 3,151' S~tigr~ '-":' ' feet more or less. ' 10Gm'' ';' 5 27 03 Mar 31 2003 16:20 P.03 Easement A~ea granted by Parcel $ Owner: The East 30 feet of the North ½'of the South ½ of the N6rth ½ of the SW 1/4 of the 1/4 of Section 1 S, Tow~aship 49 Soul. la, Range 26 East, C~llier County, Florida, containing 4,952.00 square feet more or less. ~~_and 10. Easement Area granted by Parcel 9. Owner: The East 30 feet of the South ½ off. he lq. orth ½ of theN. orth ~ of the SE 1/4 of the NW 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida.. Easement Area granted by Parcel 10 Owner: The East 30 feet of the North Half (~) of the North Half'(¼) of the North Half(½') of the Southeast (1/4) of the Northwest Quarter (1/4) and the West 10 feet of the East 50 leer'of the South 60 feet of the East Hall'(½) of the'Northeast Quar{er.(1/4) of the Horihwest Quarter (1/4) Section 18, Township 49 South, Range 26 East, Coil/er County, Florida, containing 6,751 square feet more or less. Easement Area granted by Parcel 11 Owner: The East 30 feet of the east half(M) oft. he east half (½) of the northeast quarter (¼) of the northwest quarter C~) of Section 15, Township 49 South, Range 2~ East, Collier County, Florida; less the south 60 feet per Official Records Book 1559, Page 14 and less the nol~h 150' fdr the Pine Ridge Road fight-of-way, 'and less that portion of the east 40 feet as described in that certain Order of Taking ]per Official. Re.cord Book 2660 at pages 3375 through 3383, containing 18,413 square feet, more or less. Easement Area granted by Parcel 12 Owner: The West 40 feet of the South ½ of the lqW 1/4 of the NE 1/4 of Section 18, Towrlship 49. South, Range 26 East, Collier County, Florida, e~nm~n~ng 26,419 s~uare feei more or , less. · Area granted by Parcel 13 Owner by Special Warranty Deed:. -, The West 40 feet oft. he SW 1/4 of the NE 1/4 of Section 18, Township 49 South, Range ;Z6 East, Collier County, Florida, 52,816 square feet more or less. 5 1 '2 7 O'3 ~lar 31 2003 16:20 P, 04 Easement Area granted by Parcel 14 Owner. ' The West 40 feet of the West 50 feet the NW 1/4 of the N-W 1/4 of the SE 1/4 aud the NW 1/4 of the lqE ],/4 of the N'W 1/4 of the SE 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, containing 26,408 square fe~t more'or less. Easement Area granted by Par. col 15 Owner: The West 40 feet of the lqortJz ~ of the Sonth ~ of the I~V 1/4 or'he SB 1/4 of Section Township 49 South, Range 26 Bast, Collic~ County, Floridk, containing 13,204 'square feet mo:r~ 'or less. Easement Area granted by Parcel 16 Owner: The West 30 fe~t of the South ~ oft. he South ½ of the I~V 1/4 df thc SE 1/4 of Se~ion 1 g, Township 49 South, Rsng~ 26 Bast, Collier County, Florida, containing 9,903 square feet more or less, . . PAI~C~EL #17 and 1~. Easement Area granted by parcel 17 Owner: Tiie West 40 feet of the North ~ of thc SW 1/4 0fthe SE 1/4 of Section .18, Township 49 South, Rang~ 26 East, Collier Cotu~ty, Florida, ¢ontai~in_ g 26,408 .gqu~re feet more or less. Easement Area granted by parcel 18 O~ner: The West 40 fe~t of the South ½ of the SW 1/4 of thc SE 1/4 of Section 15, Township 49 South, Rml. ge 26 East, Collier County, Florida, containing 26,408 square feet mor~ Or less. 1.06 5 27 03' 5 2 0 3 EXHIBIT "B" Agreement of Property Owners for Construction 10G 5 27 03 ~lar 31 2003 16:20 ?,05 DEVELOPMENT AGREEMENT ':"~-~,.~ DEVELOPMENT AGREEMENT (tl~e.:"Ag'.m.e.m. e,n~? !s....e _ntered_. i_n_t.°' this :25th day..0f.' July, 2C~(~',"by and between PR IV, LLC, an Ind,ana I,m,l'.ecl ,,aDll~ company With 'a' 15fi~a~3~l.'. ' ..... address of 350 North LaSalle. Street, Suite 1100, Chicago, Illinois 60610,('~Nhite¢0'3; K&S' "." .. Arlington Lakes, LLC, with a principal address of 73' S.; Palm' Ave{~U~; ~uE~' 223,' s'~ir'~{0t~'," ':' :~ '-'". ' Florida 34236 ("Arlington"); and Whippoorwill Pines, LLC, with a principal address of South Tamiami Trail, Suite 6, Bonita Spdngs, Fi0rida 34134 ("Pines"). . .:." .... ". WITNESSETH: .... THAT WHEREAS, Arlington is the owner of that ~fta'in parcel df real property'loc~te'd'in .... Collier County, Fk=rida, described on Exhibit "A" attached hereto and incorporated by reference " · ("Arlington Property"); and " WHEREAS, Pines is the owner of that certain parcel of real property' located in Collier ......... County, Flodda, described on Exhibit "B" attached hereto and incorporated by reference. (".?in_es. ..i ....... Property=); and, WHEREAS, Whiteco is the owner of that certain parcel of real Property'lccated in Collier ........ County, Ftorida, described on Exhibit "C" hereto' and incorporated '15y' r~ference (the '~Nh[te60-" '"' ".-."' Property"); and WHEREAS, each of the parties' properties fronts, on Whippoorwill Lane and,' as'a." consequence thereof and of provisions of some of thei'r respective PUD Ordinances,'each ~arty has agreed to proportionately fund improvements .to and in connection with Whippoorwill .Lane.;.' .... and WHEREAS, although The Related Group,. through its subsidiary or affiliate, TRG." Whipporwill, Ltd. ("'I'RG"), also owns property fronting 'on Whippobrwill Lane '(the ~'RG Property~) and is also subject to a' PUD Ordinance that requires it td participate in funding the. improvements thereto, it has thus far refused to enter into this Development Agreement; and" ' WHEREAS, Whiteco has agreed to advance the ~unds that otherwise would have been .... ' required hereunder to be contributed by TRG, with the understanding that the parties heretO'witl ..... cooperate in taking such action or actions as may be required to'hereaftier force TRG"to ...... proportionately contribute to the Project Improvements (as that term is hereinafter defined) as required by the PUD Ordinance relating to the TRG ~Propei'ty, and that Whiteco'will be repaid.. such advance from the proceeds of such action or actions; and WHEREAS, the parties hereto accordingly desire to extend Whippoorwill Lane southward from Pine Ridge Road, and to provide'for, the o0nstructiori of"roadway,'"water,' and sewer improvements irt connection therewith as set forth h~rein. The imprbvements are described in Exhibit "D", attached hereto and incorporated hereih by reference, "ai~d "af~~ ' hereinafter referred to as the 'Project Improvements, 5 2. -( 0 .;3 NOW, THEREFORE, in consideration of'the premises, the mutual covenants herein contained and the sum of Ten Doilam i$1o.o0~ and 0the¢ 'go~d and v~i~bble ~:0ilsid~ration,' the ~ar 31 2003 6:20 P. O6 receipt and .sufficiency of Which being hereby .sPeCifically '.acknowledged, the parties 'hereto' agree as follows: 1.Recitals. The above recitals are true and correct and are hereby incorporated herein by reference. ' ......... 2. p__roject Improvements_- The improvements Con{emplated.'herebY include: ..... (a) Whippoorwill Lane,. Whippoorwill Lane shati be designed in accordance with Collier County standards and constructed in two phases from Pine Ridge Road to the entrance of the Whiteco Property. The first phase' shall extend southwards .from 'Pine Ridge Road and shall terminate approximately 100 feet beyond the center of the intersection of ..... Whippoorwill. Lane and ,Nighthawk Road ("Phase I"). The second phase will extend from the terminus of Phase I to the entrance to the Whiteco Property ("Phase i1"). Notwithstanding anything herein to the contrary, each party hereto agrees and acknowledges that the costs of installing any turn lane on or in connection with Whippoorwill Lane to provide access to its property shall be and remain the sole responsibility of the owner of the property served'therebY. (b) Water and Sewer System' Improvements.- Water arid sanitary sewer lines' to serve all properties abutting Whippourwill Lane shall be designed and installed concurrently with each phase of Construction of Whippoorwill ' Lane, with the water line extending 'beyond the terminus of Whippool~vili Lane to the southern boundary of the Arlington property. . . Upon the completion of each phase of construction the appropriate conveyance documents will be provided to the CoBer County Water-Sewer District that relate to the Utility Project, These documents and record drawings will conform with the standards and procedures employed by the County for the ac .ceptaDce ~ regional wastewater and .water UtilitY infrastruc[a¢e, .. 3. Dedication of Ri,qht-of-Wa_y. The parties hereto each agree to dedicate a 40 foot' wide easement and right-of-way along the portion of their property abutting' Whippoorwill Lane to Collier .County for roadway and utiiity purposes within ten (10) days after the date the last party 'executes this Agreement. 4. Proiect Mana,qer,, The parties hereby desighate Grady Minor'a'rid As~o(~[at>-.s" as': .... fl~e Project Manager relative to 'the Pi;oject ImprovementS. 5. Desiqnation of Representative,.. Each of the parties hereto designates Arlington - as the authorized representative of the parties hereto to negotiate and enter into, a contract with project Manager on behalf of the parties hereto relative to project: Manager's provision of the services outlined herein. The compensation to be paid to Project Manager' pursuant to such ~ontrac[ and the professional fees' incurred by Arlington relat'n/e to the negotiation thereof shall be funded in accordance with the provisions of paragraph 9 hereof. 5 27:03 IO.G Page2 ¢15 Mar 31 2003 16:20 P.07 o Desi,qn and Permittinq the Proiect I;mprovements. W'rthin sixty' (60) days after'the ~late-that the last party" executes 'this Agreei~',ent, the Project' Manager 'shall' . ' ' complete the design of the Project Improvements in 'accordance with the minimum standards established by Colli~ County and in a manner th~ incl'u'des ...... an alignment, section 'configurations, and cross sec[ions. All d~gn~"Sh'~ili ..... '"" '.".. comply with all local, State, and fedora! requirements and be appro.ve~' b~y.' i~[il ..... '.'.'.'~'~ . parties hereto prior to commencing construction ...................... Permitting of the Proie~ Improvements. The Project Manager'shal[ have'prima~y responsibility for:. (a) obtaining all 'ne(~essary 'permits' in 'con~ie~ti~n with 't'h~ ........ Project Improvements; (b) preparing all permit applications, including 'all rel~t~l" designs and analyses; (c) submitting all relevant' applications; (d) responding to ." all permiffing agency inquiries; (ei providing or coordinating access to sites ~S" .... ' requested by permitting agencies; 'and (f) taking such other reasonable steps necessary or desirable to obtain Such permits. Wetland Mitigation for the Project Improvements. in the design and construction' of the Project Improvements, The project ~lanager '~hal[ comply with all= ': applicable federal, state and 10~.~1 laws, Ordinances, rules, and"re'gulati6n~ ...... pertaining to the mitigation of wetland' impacts, if any. Notwithstanding' any ~f the ' provisions of this Agreement to the contrary, each of the parties hereto shal'l solely responsible for any and all necessary mitigation relative to 'anY pbrtii3n 5f . the Project Improvements occurring upon tho"real property owned by such partY without any right to receive pa~,ment, credit, or contribution from any of the other parties hereto. . Fundinl:l for the Proiect Improvements., (a) Arlington, TRG and Pines shall pay, '(i) a combined total of one-half (~) 'of the ' design and engineering costs contemplated in paragrapl~s 5 ~rough 7 he{~f," together with the fees and costs associated with the fbrmulation and submission of the Whippoorwill Lane Master Plan that serves as the basis for the undertaking incorporated herein as well as th'e professional costs' involved in drafting and negotiating this Agreement (all of such cOStS being h~reinaffer referred 'to ~S ~he "Design Costs"); and (ii) all construction costs related, to the Phase I Project .. Improvements. (b) Whiteco shall pay, (i) one-half (%) of the Design Costs; and (ii) ~il!i construction costs related to the Phase II Improvements. Construction of the Phase I ProjeCt Improvements shall be 'completed b~ ' (DC)ecember 31, 2002. Constructio'n of the Phase II Proje~ Improvements'si~all' b~' ". commenced, constructed' and Completed'. at Whiteco ~' soie discri~ti0'n; '.,Ah" ." estimate of the amount and altocation of the Design 'costs" and of the costs of ,c,o~struction of the Phase I Pro~[ect I~pro~ements ia affached' hereto 'as""E~hi~it' '"' '"' E. in the event the Phase I Project Improvements are not completed-~io~:~-& ';.'"~'" December 31, 2002, Whiteco. maY; but is not obligated to, .comP!.e. te C,o.nstr. u .cti0n. ;. of the Phaae I Project improvements, ~nd any expenses incurred by Whiteco to complete such construction shall be paid to Whiteco by the other parties. The other parties shall be jointly and severally liable for any expenses incurred by 'lOG Page3 of t5 .. ~ar 31 2003 16:21 P. 08 10. 11. 12. Whiteco in completing the Phase I Pi'oject Improvements and Whiteco shall have . a lien on the Other parties' properties until Whiteco is reimbursed for all expenses . it incurs to complete the Phase I project I'mprovements. Fundinq Obliqations, W'rthin thirty (30) days after the date the last party executes " this Agreement, each party shall deposit With Goodlette, Coieman& .Joh..n~0.n,.. ' P.A,, Escrow Agen.ts, 'the sum Of 'that pa~y'~ ~inticipated.'.~P.r.~po~0~e Sham..6f." .... the Design Costs, Such sum Shall'b~ held in' escrow for. application 'against that. party's share of the Design Costs, Within ninety (gO) days after Written notice bY.. the Project Manage~ that'the design and pe'rmitting phase re'lative tO '~h'~:'P.mje~ ........ Improvements has been completed, and provided tha{ all p~m~'its ne~,essary"~.~ ........ complete the Project ImProvements have been obtained, each party responsibl&" ...... for the construction of the PhaSe I .P..r0je~ 'Improvements shall depos!t V~!{h; ":. 'i .'". Escrow Agent the additional .sum'representing that pa'.rty's ant. icipa.ted .. proportionate share of the costs of'the 'Phase I Project Improvements, If such deposits prove in'sufficient to pay'any pa .rtT's. shar'~ Of the'Design Costs' 6r th~' . construction costs of the Phase t Project Improvemen{s,' {hat"i~rty'~h'all;' W{f~in ' ten (10) business days after 'receivi.ng' a written request from .t.h.e'..P.ro. je.~'.. Manager, deposit such additional funds with Escrow .Agent as the Proje~ ......... Manager shall, in good faith, estimate a~ necessary to c6vef the balance of that .. party's share of such costs. If a party's' deposited fund~'rernain in {'he' 'esc.r6W' ' ": ........ account after full payment of those.costs f(~r .whiqh the party is responsible, .such excess funds shall be promptly return.ed by Escrow Agent to such party. Payment of TRG's Ob ic~ations..,. Notwithstanding a.rlything herein to the Contrary, any amounts required to'be paid by TRG hereunde'r or in.Exhibit E'hereto sha..l! .... .. instead be paid by Whiteco 'as ian advance on TRG's bi, half. ' If si. ich advances are not subsequently repaid by TRG tO Whiteco, together with interest thereon 'at ' market rates for the period that any such advances remain outstanding,'then t~h'e ..... parties hereto agree to take all 'such actions as may be advisable, or required to enforce TRG's contribution requi'raments .'under its applicable PUD Ordinance, ....~ .. and to encourage appropdat~ Collier County 'governmental' agencies to do the same. The parties further ague that, .!n' s~'c.'h 'evei~t, .TR. 'G. 's 'contrib.~i6n .shai'l..b.~ allocated based upon the number of 'units 'authorized. bY' its PUD. Ordinance !11. relation to the total number of uni~ a~hofiZ~d' i'r{ the r~Spectiv~ 'PUD Ordinances of TRG and each of the parties hereto, rather than the. ai!o.c..a, tio. n f.0..rr~.ulas...or. ................ methods incorporated in Exhibit E hereto. Any funds .thereby .recov. ered from . TRG shall first be paid to Whiteco ~o the e~ent of its advances o.n TRG's .behalf, ...... together with inter~st thereon,' and then shared by the pa..rt!es hereto in the ... proportions incorporated in Exhibit E hemt. o. .. Payment for the Costs of Design .and Cbnsti'uction of the Proiect Improvement.. The Escrow Agent shrill disburse the' escrowed funds .in accordan .ce with. the procedures set forth' in this Section 11. 'specifically, the Pi-0ject'Managei" shall ..... submit monthly statements to the Escrow Agent ai~'"al) p~'e~"i~t~t~3"f0-r- ..... '~"' payment which incorporates invoices of the contractors, consultants and others ..... for which partial reimbursement is requested, Lien releases from contractors, subcontractors, and suppliers shall also., be p~'ovided as may from time to'time.be. ... required by the Escrow Agent. To receive disbursemenb,' the' Proje~, 'Manager .. must certify to Escrow Agent that the' specific item for' Which disbbrsement is. · ' Page 4 of 1,5 I~ar 31 2003 1G:21 P. O9 13. 14, 15. 16. sought is within the scope of this Agreement and has .been incurred. !n .. . accordance with approved plans and'. specifica§ons. Invoices meeting the requirements of this ~paragraph shall be' paid" by th~' ~Escr6~'A~nt','~ ~UlSje'~'}.D"i .......... Escrow Agent's actual receipt of the funds neCessary to pa.y suc .h. invoices,, w. ithi.n. twenty (20) business days of receipt' of such certification from the .project. .... ... Manager. Lien, The funding requirements of each party' hereto, together'with interest an~ costs of collection and reasonable .att. omeys'.fees,.sh.aII be .a. continu!ng lien Up~..n . the Whiteco Property, Arlington PropertY', TRG .Property and Pines Property, as applicable (but only as to the amount owed by such pa.rty), Each owner of any portion of the above described'prope.rties, by acbeptance' of a deed fo~ ail. or a portion of such property personally covenants and agrees to pay any such obligations falling due prior to or dudng the time of its ownership, and such . personal obligation shall survive any' conveyanc, e,. The 'lien. imposed hereby shall[.. _" be considered a restriction and servitude running w'~th the land. If any party(les) does not timely pay the arfiounts required of it following dema'hd therefore by the Project Manager, any party hereto may at any time thereafter advance the unpaid funds on behalf of that party(les) and reco .rd. in the pub!i¢ Records a Claim of Lien against the above'described property for such amount. as have been advanced on behalf of that party and bring an action to foreclose the lien in the manner in which the mortgages on real p .rpperty are for. eclosed... In ..... addition, any of the parties hereto, may bring an action at law against any owner of the above described propertY for any amounts which, remain, unpaid: T.h.e Claim of Lien shall include a description.' of the property en.cumbe.red, the owner's .~ . name, the amount then due and the date 'when due. The lien herein .created.is specifically declared to be ~ubordinate and inferior,to the lien and 0perati0n'.0f .. i ' any first mortgage given t~ a mo~tga'gee to secure..repay.re, ant of amounts.. advanced for the development,, cbnstruction or improvement' of the property.. burdened thereby, and to conveyances to'individual lot or unit purchasers. Document Audits. Any party hereto shall have the fight to access and audit the Project Manager's and/or Escrow Agent's books, ledgers, records,, re~e. iptS, invoices, vouche .rs, correspondence, memoranda and 'other documents relating or pertaining to the disbursements of any funds contemplated under this Agreement. The Escrow Agent Shall retain all 'docurhents' pe.rtaining 'to the .... reimbursement for a minimum' of'fi~/e (5) years after completion for the Proje.d..., Improvements and final payment. Mutual Cooperation,. The parties hereto agree to reasonably cooperat~ with ohe" another to coordinate and achieve the ConStruction Of the Project Improvements. Bids for Construction Work, With respect to P. has.e ! of the..P.r, oj~.ct ....... Improvements, the Project Manager'shall obtain 'at least three (3).responsive bids from appropriately licensed bidder~ for the cor~{ructio~ and installation Of ' _. each of the PrOject Improvements. 'lr~ "iJeU' of ar i,n 'a'dditioh':'{0 ';chese'.',b[d.":."i requirements, the parties may' .e[ect' to dnanimously agree {o utilize a form construction contract relative to the Project Improvements or any portion thereof. :, Such construction contract shall require the general contractor to procure Page 5 of 15 10G l~ar 31 2003 16:21 P. IO 17. 18. 19. 20. appropriate payment and performance bonds. Each of the parties .responsib!e for constructing'the Phase I ~r0ject im~r0vernents'shall execute'and have the dght to approve the contract relative to the construction of the Phase I Project Improvements; however, the parties each designate Arlington as th'e plartyl .... .' entrusted to' neg0tia~e Such construction C~htract on behalf of a'il parties to this Agreement. The legal expenses incurred by Arlington relative to the negotiation of the construction Contract Shall be deemed td. be a .part.Of the ~.onstruction .... costs to be paid pursuant to the provisions of parag .raph. 9 hereof, ~. The Project Manager, and/or any designated representatNe of a party hereto shall be granted complete access to the 'cohstfUctisn'afea' ai"i~l ............ access to meeting space, telel~h0nes','and a fax machine within 'the Pr0je~t Manager's construction trailer..'in.the event work is discovered, . whether., by 'the .. Project Manager or any of the parties hereto, which' is defective or otherwise' does not ~-onform to the requimment~ set f0rth'hereinl the"Project'Maha~i~ sh~l'l" ': "' promptly cause to' be remedi'ed= ~uch' 'diaf~ct[ve 'or' n0~-cbnfol~'rni[~g ~work...The" '.';' Project Manager shall have the sole authority to supervise and direct the work to be performed by the contractor 'relative tO the Construction of tl~e" ProjeCt Improvements, and the means, methods, techniques, sequences, procedures of construction, and safety measures and programs employed by Such contractor incident to such construction. " Document Availability with Respe~ to the Phase i Proiect Improvements. The Project Manager shall make available fo~' inspection, as requested by. t.he p. artie.s,. . ....... copies of all plans', specifica'~i~ns,."sch~dU]e'~,' c0rre~h~denCe, '.f0.rms,.. cha'ng,e.,. '.:....., order requests, rep0rt~, field t~anSniittals, jcJb logs, shop drawings, samples, testing date and reports, bids and any other design, .res. ting, const.ructj".o.n engineering inspection, or construction documents requested by any party ............. Chanqe Orders with Respect to the Phase' I Pr0iect Improvements. All construction 'contract change orders must b~ approved by' the' Project Mai~agef in writing and the Project Manager shall have the authority to authorize and approve on behalf of the parties 'he,Otb Written change orders relative .tO .~:.e ....... construction contract, 'provided that the 'costs a~sciated' with Sui=h change .. order(s) are less than $10,000.00 as to any. single change order and less than .. $50,00'0.00 in the aggregate as to all'ch'ange o'rdei-s. 'Not~th~[~ndi'rig any' ,'.0.th~['~.. "' i '" provisions herein, &nce the design of"{he 'F~r0ject irnp.~ve~en~. ',hav~'.i~..e.e.n... i ....... approved' and a construction contra~;t has bi~en executed, any change orders .. regarding the construction cf the Phase I Project improvements requested by any party shall be paid for solely by' the requesting party and the req.u..es.ting pa..rty. shall advance funds to the Esc.r0w'Agen.t'fo.r this purpose,". .... insuranc~.. As to Phase I only, the Project Manager shall procure insurance. relative to each component of the Projec~ Improvements and request that eac...h Of. its design, testing, construction engineering arid inspection .consultants. and its.. contractors to provide insurance in' acc6rdance with the following coverage: ... (a) General Liability $1,000,000.00 (b) Automobile Liability $500,000.00 (c) Worker's Compensation .St.atutory Li.m. its. . . . .......... Page 6 of 15 ~lar 31 2003 16:21 P.11 21. 22. 2.3. 24, 25. 26. (d) Professional Liability $1,000,000,00 (Consultant's only) The Project Manager shaJi cause each of the parties hereto to be named, as additional insures on such insurahce policies, Liens and Warranties' witl~ ,Respect to the 'Phase I Project Improvements. The Project Manager shall act to prevent constru.c'on liens from', being filed ,on ar~y .. real property on which a component .of 'the Project Improvements is being constructed. If a lien [s filed, the Project Manager shall take the requisite action to have the lien removed, at a cost to be shared proportionately by and among the parties. Each construction contract applicable to the Phase ] Project.. Improvements shaJl warrant the mate'rials ahd work perfomled .for a pedod of two (2) years following completion Of the Project Improvements, Construction Manaqement Service~,. 'The-Project Manager shall per~o.r~. ...... ~... c°nstnJctio.n management se~ide~..f~lati"~."i.[.b." ['he ".Pha~e'!"p~j~'~"ll~.l~.~ve'~.~'..t.~".i' i' ".'-.~' ' Such services shall include, but are not limit, ed to, the f.01lowing; (a) co. ordinatioo ........ with all applicable govemmenta! agencies or entities having jurisdiction; ('.b). project management; (c) construct[on'.e.ngineering an~ .... insp~ion; (d) construction management; (e) scheduling; (f). reporting; (g)..es.timat!ng;. (h) pr.oj..e..ct accounting; (i) quality control; (j) safety pr0grammihg; (k) permiffing; and (!) administration and oversight of design consultants, testing consu[.ta?.ts, .a.nd construction and engineering c0hsultants. '. Dispute Resolution. VVith regard to any material disputes between any of the parties regarding the construction of the Project Improvements, the parties agree to mediate the dispute with a mediator chosen by the parties. The parties shall equally share the costs of. any such ~'ediati0.n, In the event such dispute is"n'.~t. "'.. resolved through mediation, the parties may initiate litigation, The parties to this Agreement agree that venue for any dispute relative to this Agreement shall solely lie in Collier County, Florida.. Further Assurances, In addition to the a.cts.'recited in .this ^gmement; the.'partJes ..... hereto agree to perform or cause to be pei'fb'r~med any and all fudhe~;'acts'as m.~y be reasonabJy necessary to compJete the t?ansactions Contemplated h~rel~;; including, but not limited to, the execution and/or' recordation of further, instruments ............. Notices. All notices, elections,..r.e,q..u.~ts, an..d Other communications, he..re'u...nde.r.'. .... shall be in writing and shall be 'deemed given: (a) when p.e. rsona, lly. d..el~er..e.d .to the recipient; '(b) th'ree"(:~) i~usinP~s'.'~la~f-si.'a'fter, lb.e.!ng 'd.~posited. i.n...the. U.0ite. d... · States Mail, postage prepaid to the above' listed address .of the recipient; (c) the next business day after being' deposited with a recognized 0vernig.ht mail or couder delivery service; or (d) when transmitted by facsimile or telecopy transmission. Any party may change .its notice address by providing ho. rice to a!l ..... other parties in the manner for notices as pres .C¢. ibed herein, , .... Agreement Not a Partnership or ~Joint Venture, Nothing in this Agreem. e.nt .!.s. ..... intended to create a partnership Or joint V.entu.re between., the patios.and no.ne .of .... Page. 7 of 15 Mar 31 2003 16:21 P.12 27. 28. 30. 31. the par*des to this Agreement shall be construed'under this Agreement as being. partners or joint venturei~ f6i~ Shy pUrpoSe, Entire Aareement. This Agreement contains the entire agreement among the parties hereto, and supemedes any and all prior agreements, arrangements, or understandings, whether oral or written and whether recorded or unrecorded, between the parties hereto or their predecessors in !nterest, relating .to the. subjeb't matter hereof, Modification. This Agreement may not be 'amended, changed, or modified,' and material provisions hereunder may ncR. be waived, except bY a wriffen a~treem~iqt signed by all parties to this A,g .reement, Discl_aJmer of Third Party Beneficiaries... This Agreement is solely far the benefl~ of the parties to this Agreement and no right or cause of action shall accrue by mason hereof to ar for the beneffi of any third party not a party he .reto. Nothing in this Agreement, .eXpressed or implied, is intended or shall be construed to confer upon or give. any persan or entity any fight, remedy 'or claim under or by reason of this Agreement or any provisians or conditions hereof, other than the parties hereto and their respective representatives, heirs, successors and assig.ns. This Agreement shall be binding upon and Inure to the benefit of each party and their respective heirs, successors and assigns, Sever'ability. If any provision of the Agreement, the deletion of which .wpuld not adversely affect the receipt of any 'ma(efial benefits by any party to this Agreement or substantially increase the burden of any party to ~is Ag..reement, shall be held to be invalid or unenforceable to any extent bY a court of competent jurisdi~an, the same shall not'affect in any. respect whatsoever the validity or. enf0rceablllty of the remainder of this Agreement. Affomeys' Fees and Costs. In the event of any action to enforce the terms of this Agreement, the preva~ing party shall be entitled to recover reasonable attomeys', Pamlega[s' fees, and costs incurred by each prevailing party. 32. Choice of L .a~v. This Agreement shall be construed and interpreted in accordance with Florida law. IN WITNESS WHEREOF, the undersigned have executed this Agreement on the dates indicted below. Witnesses fo~ Date:. ~i~la ~ .... Page $ of 15 I~ar 31 2003 16:22 P.13 Witnesses for K&S Adin~n l,~l~, LLC P~.' .~d Name: Printed Name: K&S Arlington Lakes, LLC Printed. Name: Its: Date: . . Witnesses for Whippoorwill Pines, LLC Pd~ttect. Name: Printed Name: Whippoorwill Pin~s, LLC Pdnted Name: Data: STATE OF COUNTY OF Sworn to and subscribed before me on this 2-~/~'day of,,JL~'Y' , 2002 by T/~g~FgY J. r~,~/~"?~Y , aS .l~c~" f'Z.c~tj~e~j-' of PR IV, L.L.C. an. Indiana tim]ted liability company, who is personally, known to _me or who has produced as identification. Notary Public State af~ ir..~o~ $ Print or Type Name Commission No, STATE OF~ COUNTY OF ~ Swam to and subscribed before me on this {Seal} of K&S n Lakes, LLC, Page 9 of 15 ~r ' 106 I~ar 31 2003 16:22 P.14 Arlington Lakes, .LL.C ~'dmed Name: K&S .A~ington Lakes, LI.~ Printed Name:'-~NI ~ Its: Date: ~J~' O~ VV'rtnesses for Whippoorwill Pines, LLC ' Printed Name: Pdnted Name: WhippOorwill Pines, LLC By; Printed Name: Its: '. Data: STATE OF INDIANA COUNTY OF Sworn to and subscribed before me on this day of , 2002 by , as of PR .IV, L.L.C. an limited liability company, who is personally known to me or who has produced as ident~cation Notary Public State of Indiana Print or Type Name Commission No. .{Sea!}. .STATE OF , COUNTY OF .__~. ,. ltclSworl3, t~e~d subscribed before me on this Page g of 15 day of ',~t.~[~ , 2002 by. of K&S ~.rlington Lakes, LLC .... 10G Mar 31 2003 16:22 P.15 who iS personally known to me or who identification.' Not.ary Publ!c ,__ Print or Type Name '"" Commission No. has'produced {Seal} i .. ,..i STATE OF COUNTY OF Sworn to and subscribed before me on this ,aS 'is personally known to me' or who has produced day of' ,200.2. bY .... . .. of VVhiPpoo~vi)l 'Pine8,: L.'LC ..~'h,o. .... as identification. , . Notary Public State of {Seal} Pdnt or Type Name CommissJon No. I'OG · . Page 10 of 15 ............ ~lar 31 2003 16:22 P.I$ P. UI0/~18' wrmemme~ for K&8 Arlington Lakes, .LLC Pd .r~. d. Name:-,- Prln~ad Name: Arlington Lakes, LLC Pri0ted Na~e: - - - Its: . Date;, '~em9es STATE OF. INDL~NA COUNTyOF _ limited Sworn to and eubaoflbed b~fore ma on this ~ day of , 2002 by' , a~_.. of PR IV, L.L,G, an Indiana liability company, who is pereon~,lly known to me or who has produced as identification. Notary Public State of Indiana Print or Type Name Commission No. STATE OF__. COUNTY OF - sworn to and subscribed before me on this , e~ .of K&8 Arli~¢en Lakes, L Mar 31 2003 16:22 P. 17 ...-. ~9418§20467 .' P, 011/018 who is pemon~Jy ~=wn to me identification. Nof~ry Public Stat~ ~f Pri~ OrType Name commission No, or whn has produced aa (Seal} N~ary Pub,~J~ . _/ Print orTy~e Nam~e ,,,J' co"~mlSaion NO. ' Page 10 of 15 10G ~4ar 31 2003 16:22 P. 18 EXHIBIT A ARLINGTON' PROPERTY · A. pa .rc~! of. land lying in the West half of Section 18, T. 0wnship..49 South, Range 2.6 East, Collier County, Florida, and mom partic~uiarly described as follows: The North half (N ~), of the S0.uth~ast quarter (SE. %), of f.l~e southwes{'qua-rter .(sw ¼), of section 18, Township 49 South, Raiige.26 East. C'oil!er .COunty, Florida;. and The Northeast quarter (NE ¼) of the Sout. h.west qu. arter.(SW %) of Section 18, Township 49 South, Range 26 East, Collier Cou'nt~/, Florida; and The South haft (S %) of the Southeast quarter (SE %) of the Northwest quarter (.NW. %),. of'Section 18, Township 49 South,'Range' 26. East, Collier Countyi.Floi'id.a. '" Said parCel containing 78.83 acres, moJ-e or less, subject to easements, restrictions and reservations of record ..................... ' pag.e .11 of 15 ~lar 31 2003 16:22 P. 19 · . .. __- _' . :.. .. _" ~...,.,..~- _~... ........ 75'., .. "~il~ ". ' ' ",: .... '. "t ' ." .... '/' '., ~.".' :""'" ':'"'? ":".75. '7"'" ...... .. '" PINES PROPER'Pc ... :'.'..:' : ' ':'.... ..... " Parcel... I ... ..: ......:.. ............ ....... I .... ' . . '...::.. ' -~ ...... ; , ,. i ...... ;,;.- ........... '1 ..'.-..' '.-'~;.: The Northwest quarter (NW .~) of the Northwest quarter (NW ~) of the Southeast .: .,,:..5 .. :. ' ',.::.: .... " ".quarter (SE ¼) plus'the No'rth~e'st'~ba'rte~ '(NW'~)i?f'~he N~...rth. least, q.ua.'~.~ri(l~iE'"~A)' ii. ii'.; ..... ......? ..... :,.i... ..... o? the'N0.rth~est' qua~er (NW'%) Of ~ie'~theas. t...quarter (,SE ~). of Sect. i0n..18,.,......., i.':'.,; '.. :..'), .'...'. ,::: Township' 49 South, Range 26 East, Co!ljer. co.u..nty, :..F.!p'rida. : .....:'.... - '.'.. '~ '.:.-~. ,':::.:.~'.,-? · .................. :; ......... :'- T'~ '.;"' Parcel-'11 ", ..'." . The South one-half (S ~) of the West one-half'0N %) of the' East ~ne-half (E.~) ~ the. ..... '~ .. ".'. 'North 'one-half (N ~) of tile 'Noffhwest quart'er:(NW"%) of the '$oU;iheast qUarter (sE %)" .' .. of Se~ion 18, Township 49. Sout. h., Range 26 East,.Collier Oou .ri!y, FI0dda~ .. .. '~ Parcel Iil ...... · .... '..' ....... The East one-half (E ~) of the East 0ne-half (E ~) of the North one-half (N %) of the . . '...'..,ii N0i'thwest one-quai-ter (NW ~)'of. the .S0u.theast'0n'e-qu'a~ter (SE %') 0f.~e.'..~tig.n i 81'..'' 'i.i' '.'.. ,.'.. Township 49 South, Range 26 East',, 'Collier C0Un~,"FIo~idaJ' Parcel IV .. ........ The North one-half (N %) of the South one-half'(S.~) of the N0rt. h.west .on.e.-qua.rte~; (N ..W, .": .... :',..L..:... ~) of 1~he Southeast one-quarter (S~ ¼).o.'f. S'e. ct!o.n. 1.81.1T. 5wn.ship .49 sOuth, Ra..ng.e.~6 East, Collier Cou.nty,.Florida. .Page 12 .of 15 .. 10'8 Mar 31 2003 16:22 P. 20 EXHIBIT C WHITECO PROPERTY PARCEL "A - D": The NoAh ~ of the South % of the No .rtheast % Of the Southeast ~ of Section..18, .............. ToWnship 49 South, Range 26 East, Collier County, Florida.' PARCEL "B - D": The South % of the South % of the Northeast % of the Southeast N of Section 18, . Township 49 South, Range 26 East, Collier' County, Florida. PARCEL "C - D": From the Southeast comer of Section 18, Township 49 South, Range 26 East, Collier C?unty, Flodda, South 89°34'32" West, 323:99'feet;'thence. North 00.039'4"?." West. 970.29 feet to the point of beginning; thence North 89006'47" West 977.45 feet; thence North 00034'42" West 357.41 feet' thence North 89°35'.19" East 976.54 feet; thence South 00°39'47" East 379.01 f. ee.t to the point '0f'.beginnilng., PARCEL "D - D": The South % of the North % of the Southeast ¼ .of.the Southeast N of Section 18, Township 49 South, Range 26 East, Collier County, Fiodda. LESS THE FOLLOWING DESCRIBED PROPERTY: 1-75 Right of Way: A parcel of land in Section 18, Township'49 South', Range 26 East, more particularly described as follows: Commence at the Southeast comer of above' Section 18 and run North 00°39'46" West ..... 659.92 to the' point of beginning; thence South 89034'51" West 323,99' feet; thence North 00*39'49" West 1 ,.319.,89 .feet.; thence No .rth .8735~29".. East 324.00.feet; .thence .... ; ..... ~o~Jth ~i0°39'46" East 1,319.84 feet to the point of beginning; .and Parcel "A": The West ~ of the Southeast % of.the South. e. ast % of the Southeast % of Section 1.8, Township 49 South, Range 26 East, Collier County, Florida; and Page 13 of 15 ~ ~: ;' '~ '~ I~ar 31 2003 16:22 P.21 Parcel The West ~ of the South ~ of the Sout~ea"st'% of the Southeast ~ Of Section 18, Township 49 South, Range 26 East, Collier County, Flodda; and Parcel "C": The South % of the Southwest % of the Southeast.'%.O~' Section 18, Township 49 South, Range 26 East, Collier Cou .nty, Florida; and .. Parcel "C-A": The North % of the Southwest % of the Southeast % of Section 18, Township 49 South, Range 26 East, Collier County, Florida. 10G Page 14 of t5 5 2T 03 Mar 31 2003 16:22 P. 22 EXHIBIT D DESCRIPTION OF IMPROVEMENTS Water: Extension of an existing 12-inch water main from .its. present terminus at the entrance to the' Reserve Of Naples apartment Complex to a point at the southern boundary of the . Arlington Property. Set. re r; Extension of a 1 O-inch forcemain from Pine Ridge'Road to a P'o'iDt"at'the'n0rth'eml boundary of the Whiteco Property, 'of which approximately 1,400 feet have already been installed by TRG. Whippoorwill Lane: Resurfacing and landscaping of the approximateJy 1,800 feet of existing roadway, w.h. ich has 'already been completed' bY TRG. A 'new road will 'be c6nstr'u~ed from th~'terminus .. 'of the existing Whippoorwill Lane to a point at the northern boundary of the Whiteco Property. It will be a two lane IocaJ' road, 24 feet wide, and constructed to standards described in the Whippoorwill Lane Corridor Master Plan Study, P.rePared by Wa!drop .... engineering, P.A. and 'Q. Grady Minor & Asisoc., P.A., and submitted to Collier C0un.ty ...... Engineering Services on June 14, 2002. Inl addition, the pJ~oje~"wii! include a five foot sidewalk installed on the EaSt side of Whippoorwill Lane from Pine Ridge Road to the entrance to the Reserve of. Naples apartment, complex.' .... Page 15 of 15 10G ~4ar 31 2003 16:22 P.23 EXHIBIT E Estimated Design and Phase ! Improvement Costs Estimat.~d Design, PermittJng and Master Plan Design Costs previously Incurred by Whjteco Balance of Estimated Design and Permitting Co'st= Master Plan Costs Previously Incurred by'Arlington. Balance of Estimated Master Plan Costs Allocation of Design, Permitting anti Master Plan Costs; Whiteco ' Adin~ton TRG Pine~ Estimated Phase I Project Improvement Costs:' Costs from Pine Ridge Road to the Entranc= of the Related Property, Previously incurred by TRG: Water and Sewer Road Resurfac/ng Landscaping Engineering Costs for the Balance of Phase J: Construction Supervision Sun/eying and Staking Malnt. Of Traffic Clear & Grub Off-Site Fill 12" Subgrade 10"'Limerock Base 2' Asphalt 5' Sidewalk 2' Valley Gutter Curb Inlets Sign & Stripe Grassing 30" RCP 24" RCP 12" DR18 Water Main 12' Gate Valves Fire Hydrants 10" DR18 Force Main 10" Plug Valve TotaJ Estimated Phase I Project Improvement Costs Ailocation: Arlington TRG Pines Exhibit F - Page 1 50,00% 16.67% 16.67% 16.67% 33,33% ,33.33% 3,.3.33% 27~500.. $. 128,240 ............ .:, . . $ · 64,120 ' ' '$' 21:373. : · ' ...... $ 21,373' ' ', : :' ..'... · $ 21,373.' .' ............ . .... 65,000. 15, o00 25,000 ,. 1o,ooo' $ !~5,po~'. " 15 OOO' 12,000 .. .. .......... 4,500' 8,000 54,000 6,719' 37,331.. 54,600. ~4,000. 10,500.' 750' 7,500 14,850 33,800 S, .000 .. 25,200 I ~500__ $ 367,920' ": · $ 482,920 .' . $ .150,g73, $ !80,~7~ .: .. $ 160,g73 Mar 31 2003 16:23 P,24 ,.Payment Obllgaflor~: Estimated Design & Master Plan Costs Previous!y Paid Net Payable ' Estimated Phase I project Improvement Costs Previously Paid Net Payable * 'total Payable Whitacz~ .'Arlinl~ton. 64,120 21,373 2.0,631 13,922 20;83~ 160,973 160;973 ' ' · 1 TRG ,,,, Pines 21,373 21,373 ., .'., ;Z'1,37.3., .21.,3.73 :" .... "" '" (115,000) ' 45,973 ~60;973 "" "'" Any overpayments by a party shalJ be refunded by the Escrow Agent from contdbutlans of the other pa~es. Exhibit F - Page 2 EXHIBIT "C" Copy of Permit No. 11-02182-P SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE STANDARD GENERAL PERMIT NO, 11-02182-P DATE ISSUED: February 11, 2003 PERMITTEE: PROJECT DESCRIPTION: PROJECT LOCATION: PERMIT DURATION: COLLIER COUNTY GOVERNMENT 3301 EAST TAMIAM! TRAIL NAPLES, FL 34112 A modification of a surface water management system serving 7.92 acres of a road project known as Whippoorwill Lane Roadway Improvements which discharges to the 1-75 Canal (aka D-2 Canal) via the 1-75 ditch and the Whippoorwill Woods surface water management system. COLLIER COUNTY, SEC 18 TWP 49S RGE 26E See Special ConclJtion Nc.'1. See attached Rule 40E-4.321, Florida Administrative Code. This Is to ttolffy you of the District's &gerry a~tlotl oonr. emlng Notice of Irttertt for Permit Appik~atlon No. 000831-6~ date~l August 31, 2000. This action Is t~ken pursuant to Rule 40E-1,803 and Chapter 40E-40, Florida Adminlstmfiv~ C~le (F.A.C.). Based on the inforrrtat~n provlde~, District rules have been adhered to and an Environmental Resource General Pen'rtit is in effect for this project subject to: 1. Not reserving a filed request for e Chapter 120, Florida etattites, sclministrative hearing. 2. theattache~ lg GermraJOOndlll0n$ (SeePage~; 2-4of S ), 3. Re atteohed 13 Special Conclltio~s (See Pages: 5 - s of 5 ) and 4. the ettaohecl 11 Exhibit(s). ~hould you object to these conditions, ple~e refer to the attached 'Notice of Rights" which addresses the procedures to be followed if you desire et public heating or other review Of the proposed agency action. Please oorttact Iffis office ff you have any questions cortceming this mattel'. Il we do not hear from you in accordance with ~e 'Notice of Rights,' we wffi asstlme that you co, cur with Re Dis~'fot's CERTIFICATE OF SERVICE I HEREBY CERTIFY that a 'Notice of Rights" has been mailed to the Perrnittee (and the persons tisted in the ;tttached distribution list) no later than 5:00 p.m. on this 11th day of February, 2003, in accordance with Section 1 20.60(3),~lorida Statutes. Carla N. Palmer, P.E. Director Lower West Coast Service Center Certified mail number 7002 0860 0002 1605 0760 Page I of 5 NOTICE OF RIGHTS Section 120,56g(1). Fie. StOL (1999), requires that 'each notice shall inform the recipient of any administrative headng or ]udictal review that is availab/e under this section, s, 120.57, or s. 12D.68; shall Indicate the procedure which mum be followed to obtain the hearing or judic/al review, and shall state the time limits which apply." Please note that tt~is Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy, You may wish to consult an attorney regarding your legal dghts. Petition for Administrative Proceedings 1. ^ person whose substanlJal interests are affected by the $ou[h Florida Water Management District's ($FWMD) action has the right to request an administrative hearing on that action. The affected person may request either a formal or an informal hearing, as set forth below. A point of entry into administrative I~'oceedings is governed by Rules 28-106.111 and 40E-1.511, Fla. Admin. Code, (also published as an exception to the Uniform Rules or Procedure as Rule 40E-0.1139), as set forth below. Petitions are deemed ~ed upon receipt of the original documents by the SFWMD Clerk. a. Formal Administrative Hearfrl.q; if a genuine issue(s) of material fact is in dispute, the affected person seeking a formal hearing on a SFVVMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(1), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c, and d. below, of either written no[ice through mail or posting or publication of notice thai lfle SFVVMD has or intends to take final agency acaon. Petitions must substantially comply with the requirements. of Rule 28-106~01(2~, Fla. Admin. Code, a copy of the whicl3 is attached to this Notice of Rights. b. [nf_ormaf Administrative Hearing:.' Il' there are no issues of material fact in dispute, the affected pemon seeking an informal headng on a SFWMD decision which does or may determine their substantial interests shall ~le a petition for hearing pursuant to Sections 120.569 and 120.57(2), Fla. Stat or for mediation pursuant to Section 12g. E~73, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either wrftten notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action, Petitions must substantially comply with the requirements of Rule 28-106.301(2), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. c. Administ..rative Complaint and Order;, if a Respondent objects to a SFWMD Administrative Complaint and Order, pursuant to Sect/on 373.119, Fla. Stat. (1997), the person named in the Admintsb'ative Complaint and O~er may file a petition for a hearing no later than 14 clays after the date such order is served. Petitions must. substantially comply with the requirements of either subsection a. or b. above. d. _State Lands Environmental Resoum~. Permit; Pursuant to Section 373.427, Fla. Stat., and Rule 40E-1.511(3), Fla. Admin. Code (also published as an exception to the Uniform F~les of Procedure as Rule 40E- 0.109(2)(c)), a petifJon objecting to the SFWMD's agency action regarding consolidated applications for Envfronmental Resource Pon'nils and Use of Sovereign Submerged Lands ('SLERPs), must be t~led within 14 days of the notice of consolidated intent to grant or deny the SLERP. Petitions must substantially comply w~ the requirements of either subsection a. or b. above. e. Eme~enc¥ Authorization and Order. A person whose substantial interests are affected by a SFVVMD Emergency Authorization and Order, has a right to file a petition under Sections 120.~$9, 120,57(1), and 120.57(2), Fie. Stat., as provided in subsections a. and b. above. However, the person, or the agent of the person responsible for causing or corrtributing to the emergency conditions shall take whatever action necessary to cause immediate compliance with the terms of the Emergency Au[horization and Order. f. Order for Emergency Action: A person whose substantial interests are affected by a SFWMD Order for Emergency Action has a right to tile a petition pursuant to Rules 28-1D7,005 and 4nE-1.611, Fla. Admin. Code, copies of which are attached to this Notice of Rights, and Section 373.119(3), Fla. Stat., ~or a hearing on the Order. Any subsequent agency action or proposed agency actIon to initiate a I'ormal revocation proceeding shaJl be separately noticed pursuant to section g. below. g. Permit Suspen,.sion, Revocation. Annulment, and Withdrawa~l: If the SFWMD issues an administrative complaint to suspend, revoke, annul, or withdraw a permit, the permittee may request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Fla. Stat., within 21 days of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-107.004(3), Fla. Admin. Code, a copy of the which is attached to this Notice or PJghts. 2. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that' the SFWMD's final action may be different from the position taken I~y it previously. Persons whose substantial interests may~.~ adoct¢ by Revised August, 2000 TOTRL P. 02 ,, I .! i .............. I I any such final decision of the SFWMD shall have, pursuant to Rule 401E-1,511(2), Fid. Adrnin. Code (also · published as an exception to the Uniform Rules of Procedure as Rule 40E-0.109C2)(c)), an additional 21 days from the date of receilmt of nmJce of said decision to request an administrative t~eaHng, However, the scope of the administrative hearing shall be limited to the substantial clevlatton. 3. Pursuant to Rule 40E-1.511(4), Fla. Admin. Code, substantially affected persons entitled to a heating pursuant to Section 120.57(1), Fla. Stat., may waive their Mgnt to such a headng and request an Informal hearing before the Governing Board pursuant to Section 120,57(2), Fla. StoL, which may be granted at the option of the Governing Board. 4. Pursuant to Rule 28-106.111(3), Fla. Admin. Code, persons may file with the 8P'WIVtD a request for extension of time for filing a petition. The SFVVMD, for good cause shown, may gram the extension. The request for extension must contain a certificate that the petitioner has consulted wP,~h all other parties, if any, concerning the extension anal that the SFWMD anti ail other parties agree to the extension. CIRCUIT COURT 5. Pursuant to Section 373~617. Fla. Stat., any substantJaily affected person who claims that final agency acUon of the SFWMD relating to permit decisions constitutes an unconst~b.~tional taking of property wffhout just compensation may seek judicial review of the action in c~rcult court by filing a civil action ~n the cimuit court in the judicial circuit in which the affected property is located within 90 days of the rendering of the SFWMD's final agency action. 6. Pursuant to Section 403.412, Fla. Stat., any citizen of F~odcla may bring an action far injunctive relief against the SFWMD to compel the SFVVMD to enforc~ the laws of Chapter 373, Fla. Stat., and Title 40E, Fta. Admin. Code. The complaining party must file with the SPWMD clenV, a verified complaint seffing forth the facts upon which the complaint is based and the manner in which the complaining party is af~cted. If the SFWMD does not take appropriate action on the c~omplaint within 30 days of receipt, the complaining ~oarty may then file a civil suit for irljunctive relief in the 15~ Judicial Circuit In and for Palm E~each County or circuit court in the county where the cause or' action allegedly occurred. 7. Pursuant to SectiOn 373,433, Fla. Stat., a Pdvate citizen o1' Florida may file suit in circuit court to racruire the abatement of' any stormwater management ~'stem, dam, impoundment, resen/olr, appurtenant work or vv.orks that violate the provisions of Chaplet 373, Fla. Stat. Revised AUgust. 2000 I I DISTRICT COURT OF APPEAL 8. Pursuant to section 120.88, Fta. Stat., a party who is adversely affected by final SFVVMD action may seek judicial review of the SFWMD's final decision I~y filing a notice of appeal pursuant to Florida Rule ol~ Appellate Procedure'9.110 in the Fourth District Court of Appeal or in the appellate disirict where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. I-AND AND WATER ADJUDICATOi;[Y COMMISSION 9. A party to a 'p~oceeding below' may seek review by the Land and Water Adjudicatory Commission (FLAW^C) of SFWMD's t3nal agency action to deteffnine i1' such action is consistent with the provisions and purposes of Chapter 373, Fla. Stat. Pursuant to Section 373.114, Fla. Stat., and Rules 42-2.013 and 42-2.0132, Fla. Admin. Code, a request for review of (a) an order or rule of the SFWMD must be filed with FLAVVAC within 20 days alter rendition of the order or adoption of the rule sought to be reviewed; (b) an order of the Department of Environmental Protection (DEP) requiring amendment or repeal of a SFWMD rule must be filed wilh FLAWAC within 30 days of rendition of the DE.P's order, and (c) a SP-W~D order entered pursuant to a formal administrative hearing under Section 12.0.57(1), Fla. Stat., must be filed no later than 20 days after rendition of the SFVVMD's final order. Simultaneous with filing, a copy of the request for review must be serv~ on the DFP Secretary, any person named itl the SFWMD or PEP final order, and all parties to the proceeding below. A copy of Rule 42-2.013, Fla. Adrnin. Code is attached to this Notice of Rights. PRIVATE PROPERTY' RIGHTS PROTECTION ACT 10. ^ property owner who alleges a specific action of the SFWIVID has inordinately burdened an existing use of the real property, or a vested rigi3t to a specffic use of the real property, may file a claim in the circuit court where Be real propen'y is located within 1 year of the SFVVMD action pursuant to the procedures set forth in SubsectJon 70.001 (4)(a). Fla. Stat. LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION t 1. A property owner who alleges that a SFWMD development order (as that term is defined in Section 70.51('2)(a), Fla. Stat. to Include permits) or SFWMD enforcement action is unreasonable, or unfairry burdens the use of the real property, may file a request for relief with the SFWMD within 30 days of receipt of the SFWMD's order or notice of agency action pursuant to the procedures set forth in Subsections 70.51 (4) and tlS), Fla. Stat. MEDIATION 12.. A person whose substantial interests are. or may be, affected by the SFWMD's action may choose medlaflen as an alternative remedy under Section 120.573, Fla. Stat. Pursuant to Rule 28-106.111(2), Fla. Adrnln. Code, the petition for mediation shall be filed within 21 days of either writ~ert notice through, rna/llr ~ or publication of notice that the SFWMD has or intends to take final agency action, Choosing mediation will not affect the right to an administrative hear/ng if mediation does not result in settlement. Pursuant to Rule 28.106.402, Fla. Aclmln. Code, the contents of the petition for mediation shall contain the following intrormation: (1) the name, address, and telephone number of the person requesting mediation and that person's representative, if any; (2) a statement of the preliminary agency action; (3) an explanation of how the person's substantial interests will be affected by the agency determination; and (4) a statement of relief sought. As provided in Section 120.573. Fla. StaL (lg97), lhe timely agreement of all the parties to mediate will toll the time limitations imposed by Sections 1:20.569 and 120.57, Fla. Stat., for requesting and holding an administrath/e hearing. Un/ess otherwise agreed by the parties, the mediation must be concluded within 60 days of the execution of the agreement. If mediation resuEs in settlement of the dispute, the SFVVMD must enter a final orcler incorporating the agreement of the parties. Persons whose substantial interest will be affected by such a modified agency decision have a right to petition for headng within 21 days of' receipt of the final order in accordance wilh the requirements of Sections 120.569 and 120.57; Fla. Stat,, and SFVVMD Rule 28-106.201(2), Fla. Aclmin. CoQe. If mediation terminates without settlement of the dispute, the SFWMD shall notify all parties in writing treat the administrative hearing process under Sections 120.569 and 120.57, Fla. Stat., remain available for disposition o1' the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action. VARIANCES AND WAIVERS 13. A person who is subject to regulation pursuant to a SFWMD rule and believes the applicatian of that rule will create a substantial hardship or will violate principles ol; lraimess (as those terms are defined in .Subsection 120.542(2), Fla. Stat.) and can demonstrate that the purpose of the underlying statute will be or has been achieved by other means, may file a petition with the ~FWMD Clerk requesting a variance from or wah/er o[ the --~FVVMD rule. Applying for a variance or waiver does not ~substitute. or extend the time for filing a petition for an administrative hearing or exercising any other right that a person may have concerning the SFWMD's action, l:~ursuant to Rule 28-104.002(2). Fla. Admin. Code, the petition musl include the following information: (a) the caption shall read: F>efition for (Variance from) or (Waiver of) Rule (Citation) (b) The name, address, telephone number and any facsimile number of the petitioner;, Revised August. 2000 (c) The name, address telephone number and any facsimile number of the attorney or qualified representative of the petitioner, (if any); (d) the applicable rule or portion of the rule; (e) the citation to the statue the rule iS implementing; (t) the type of action requested; (g) the specific facts that demonstrate a substantial hardshlp or violation ot principals or faJm~ that would justify a waiver or variance rot the petitioner;, th) the reason why the vadance or the waiver requested would serve the purposes ol~ the underlying statute; and (r) a statement of whether the variance or waiver is permanent or temporary, If the variance or waiver ~ temporal,, the petition shall include the dates indicating the duration ol~ the requested variance or waiver. A person requesting an emergency variance from or waiver of a SFVVMD rule must clearly so state in the caption of the petition. In addition to the requirements of Section 120.542(5), Fla, Stat. pursuant to Rule 28- 104.004(2), Fla. Admin, Code, the petition must also include: a) the specific facts that make the situation an emergency; and b) the specific facts to show that the petitioner will suffer knmediate adverse effect unless the variance or w'ah/er is issued by the SFV'u'MD more expeditiously than the applicable timefremes set forth in Section 120.542, WAIVER OF i~JGHTS 14. Failure to observe the relevant time ~rames prescrfbed above will constitute a waiver of such right. 28-106.201 INITIATION OP' PF~OCEEDINGS {J~'~fOL~ ~Pf. rr~) ~,~u~-~ i~c ~,~FE~RJAL. (2) All petitions filed under these rules shal[ contain: (a) The name and address of each agency affected and eac~ agency's lile or ldent/fication number, if known; (b) The name, address, and telephone number of the petitJone~, the name, address, and telephone number of the petJfioner's representative, if any, which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petjtJoner's substantial interests will be affected by the agent/ determination; (c) A statement of when and how the petitioner received notice oflfle agency decision; (cO A statement or all disputed issues or material ~act, II there are none, the petition must so Indicate; (e) A concise statement or' the. ultimate fa~s alleged, as well as the rules and statutes which entitle the petitioner to relief: and (f) A demand/or relief, 108 21~-106.301 INITIATJON OF PROCEEDINGS (NOT INVOLVING DISPUTED ISSUES ~ MATERIAL FACT) (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner, the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of [he proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petfticner received notice of the agency decision; (d) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief;, and (e) A demand for relief. 25-107.004 sUSPENSIoN, REVOCATION, ANNULMENT, OR WITHDRAWAL (3) Requests for hearing filed in accordance with this rule shall include: (a) The name and address of the paAhj making the request, for purposes o1' service; (b) A statement that the party is requestJng a headng involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the pad}' has received from the agency. 42-2.o13 REQUEST FOR REVIEW PURSUANT TO SECTION 373.114 OR 373.217 (1) In any proceeding arising under Chapter 373, F.S., review by the Flodda Land and Water Adjudicatory Commission may be initiated by the Department or a party by filing a request for such review witM the Secretary of the Commission and serving a copy on any person named in the rule or order, and on all parties to the proceeding which resulted in the order sought to be reviewed. A certificate ol~ service showing corrlpletion of service as required by this subsection shall be a requirement for a determination of sufficiency under Rule 42-2.o132. Failure 'to file the request with the Commission within the time period provided in Rule 42-2.0132 shall result in dismissal al' the request tor review. (2) The request for review shall identify the rule ar order requested to be reviewed, the proceeding in which the rule or order was entered and the nature of the rule or order. A copy of the rule or order sought to be reviewed shall be attached. The request for review shall state with I~articularity: (a) How the order or rule .conflicts wfth the requirements, provisions and purposes of Chapter 373, F=.S.. or rules duly adopted thereunder, Revised August, 2000 (b) How the rule or order sought to be reviewed affects the interests of the party seeking review; (c) The oral or w~ten statement, sworn or unswom, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, if [he individual or entity requesting the review has not pa~cipated in a proceeding previously instituted pursuant to Chapter 120, F.S., on the order for which review is sought; (d) If review o1' an order is being sougMt, whether and how the activity authorized by the order would substardially affect natural resources of statewide or regional significance, or whether the Order raises issues of POlicy, statutory interpretation, or rule interpretation {hat have regional or storewide significance t'rom a standpoint of agency precedent, and all the I'actual bases in the record which the petitioner claims support such determination(s); and (e) The action requested tO be taken by the Comm/ssJon as a result of the review, whether to r'esdnd or modify the order, or remand the proceeding to the water management district for further action, or to require the water management district to initiate rulemaking to adopt, amend or repeal a rule. 28-107,005 EMERGENCY ACTION (1) If the agency finds that immediate sedous danger to the public health, safety, or warfare requires emergency action, the agency shall summarily suspend, limit, or restdct a license. (2) the 14-day notice requirement of Section 120.569(2)(b), F. S.. does not apply and shall not be construed to prevent a hearing at the earliest time practicable upon request of an aggrie~,ed party. (3) Unless othenvise provided by law, wi{bin 20 days after emergency action taken pursuant to paragraph (1) of this rule, the agency shall initiate a formal suspension or revocation proceeding in compliance with Sections 120.569, 12.0.57. and 120.60, F.S. 40E-1.611 EMERGENCY ACTION (1) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District;, a public water supply, or recreational, commercial; industrial, agricultural or other reasonable uses of land and water resources. (2) The Executive Direcl~r may employ the resources of ne District to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an emergency order has been issued, al~er the expiration of the requisite time for compliance with that order. 10G Appll=alion No, 0OO831.6 GENERAL CONDITIONS All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permtL Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modiFK:at~ons shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by D~rict staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permtb Activities approved by this permit shell be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and dudng construction, and permanent control measures shall be completed wilbin 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the poss~ility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are Stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Fiodda Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E-4.091, F.A.C. unless a project-specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permit~ee shall correct any erosion or shoaling that causes adverse impacts to the Water resources. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. When the duration of construction wii! exceed one year, the permittee shall .submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the supplied Environmental Resource Permit Construction Completion/Certification Form Number 0881. The statement of completion and certification shall be based on onsite observation of construction or review of as-built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. AcldJtionally, if deviation from the approved drawings is discovered during the certif'cafion process, the certification must be accompanied by a copy of the approved permit drawings wilh deviations noted. Both the original and revised specifications must be elearty shown. The plans must be clearly labeled as 'As-built' or 'Record' drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. The operation phase of this permit shall not become effective: until the perm,tee has complied with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, acc,=ts responsibility for operation and maintenance of the system. The pen'nit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effe~tfve. Following inspection and approval of the permitted system by the District, the permittee shall initiate transfer of fl~e permit to the 5 2 7 :'! 'i Application No. 000831,.6 Page 3 of 5 GENERAL CONDITIONS approved responsible operating entity if different from the permittee. Until the permit is transferred pursuant to Section 40E-1.610'/, FA.C., the perrnittee shaJl be liable for compliance with the terms of the permit. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area sewed by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other respons~le entity. ' 9. For those systems that will be operated or maintained by an entfty that will require an easement or ~aed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restUetfon must be recx~ed in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be ~ed with the Secretary of State, county or munk~ipal entities. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E--4 or Chapter 40E-40, F.A.C.. 12. The permittee is hereby advised that Section 253.77, F.S. slales that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State. the title to which is vested in the Board of Trustees of the Intemal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for olYmining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. 13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E-20.302.(4), F.A.C., also known as the 'No Notice' Rule. 74. The permittee shall hold and save the District harmless from any and ail damages, claims, or liab~ities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system aulhorized by the permit. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise. tS. The pen'nh'tee shall notify the District in writing within 30 days of any ,sale, conveyance, or other transfer of ownership or control of a permitted system or the 'real property on which the permitted system is Icmated. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E-1.6105 and 106 5 2, 7 0 2 GENERAL CONDITIONS APplication No. 000831 Page~of~ 17. 18. 19. 40E-1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. If historioal or amhaeologicai artifacts are cr~covered at any time on the project site, the permittee shall immediately notify the appropriate District service center. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. lOG SPECIAL CONDITIONS Application No. 000831-6 Page 5 of 5 1. The construction phue of this permit shall expire on February 11, 2008. 2. Operation and maintenance of the roadway shall be the responsibility of COLLIER COUNTY TRANSPORTATION DEPT. The operation of the surface water management system which receives run- off from the roactway shall be the responsibility of Prime Residential LLC, the developer of the Whippoorwill Woods rental development. 3. Discharge Facilities: Through previously approved faciliffes within Whippoorwill Woods. 4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 5. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not occur in the receiving water, 6. The Distdct reserves the right to require that additiona/water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary, 7. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 8. A stable, permanent and acoessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevatJon referenoe must be noted on or with the certification report. 9. The permittee shall provide rourine maintenance of all of the componer~ts of the surface water management system in order to remove all trapped sediments/debris. All materials shall be properly disposed of as required by law, Failure to propedy maintain the system may resuJt in adverse flooding conditions. t 0. Any future proposed work within the conservation easement shall require a modifbafion to this permit and will be subject to evaluation of wetland impacts and potential mitigation requirements in aecorciance with the environmental oriteria in effect at the time of the application for any such proposed work. 11. Plan sheet 3 and 4-12, signed, sealed and dated by Norman J. Trebilcock, P.E., on February 3, 2003 and January 28, 2003 respectively are inoorporated by reference into this permit and will be retaJnecl in the permit file. 12. No later than April 7, 2003 and prior to impacting wetlands shown on Exhibit No 9, the permittee shall submit verification from Panther Island Mitigation Bank that 0.24 credits have been debited from the Mitigation Bank ledger as m/tigation for this impact. 13. Activities associated with the implementation of the mitigation, monitoring and maintenanoe plan(s) shall be completed in accordance with the work schedule attached as Exhibit No. 10. Any deviation from these time frames will require prior approval from the District's Environmental Resource Complfance staff, Such requests must be made in writing and shall include (1) mason for the change, (2) proposed start/finish and/or completion dates; and (3) progress report on the status of the project development or mitigation effort, 18, SOUTH, COUNTY, FLORIDA RANGE 26 .34 3 15 20 14 31 ~3 _%4 CITE !? 15 22 2~ GOLDEN ATE 2 Last Date For Agency Action: 2g-MAR-2003 ~ENERAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPO. RT Project Name: Whippoorwill Lane Roadway Improvements Permit No.:, 11-02182-P Application No.: 000831-6 Application Type: Environmental Resource (New General Permit) Location: Collier County, S18/T'4gS/FI26E Permittee: Collier County Government Operating EntRy: Collier County Transportation Dept. Project Area; 7.92 acres Project Land Use: Highway Drainage Basin: WEST COLLIER Receiving Body: 1-75 Canal via Wl~lppoonvill Woods SWMS Special Drainage District: NA Total Acres Wetland Onslte: .49 Total Acres Wetland Preserved Onsite: .00 Total Acres Impacted Oneite: .49 Offsite Mitigation Credits-Mit, Bank: Conservation Easement To District: Sovereign Submerged Lands: No No .24 Panther Island ~ ,- ...: ---'~-_-J' ~ ~-~T._::~_..~. ~:~ _-.~_ This application requests an Environmental Resource Permit modification to authortr, e Construction and Operation of a surface water management system serving a 7.92 a~re road project. The system discharges to the 1-75 Canal (aka D-2 Canal) via the 1-75 ditch and the Whippoorwill Woods surface water management system. App. no.: 0008:~1-6 Page 1 of $ 10 .B EXH Brr PROJECT EVALUATION: The project is located on the south side of Pine Ridge Road, approximately 1/2 m~e west of 1-75. The majodty of the existing right-of way ia unpaved with just a hard packed dirt surface although a small section contains pavement. Run-off from this road generally flows to the south, through swales on either side of the roadway, into the Kensington Canal. No permits have been issued for any existing improvements. There are four wetland assemblages dominated by melaleuca which lie within the Whippoorwill Lane improvement right of way. These assemblages contain a mix of pine, cypress and dominantly melaleuca (See Exh~it 7). The project consists of the paving of Whippoorwill Lane and, along Whippoorwill Lane and Nighthawk Drive, regrading and mconstruoting roadway swales as well as installing drainage structures and pipes. The work along Whippoorwill Lane begins approximately 750 fL south of Pine Ridge road and ends in a oul-de-sac just south of the entrance to the Whippoorwill Woods development. The end of the road does not cross the Kensington Canal or the regional flowway which extends from the 1/2 section of land on the west side of the mad, across Whippoorwill Woods to the 1-75 right-of-way and the D-2 Canal. The run-off from Whippoorwill Lane flows south, through a pipe network, into the wet detention lakes within the surface water management system for Whippoorwill Woods. The lakes provide the required water quality and attenuation of the 25 yr. 3 day storm event for the improvements, as well as the improvements within the deveiopmenL The improvements along Nighthawk Drive maintain the existing flow patterns for run-off from properties adjacent to Whippoorwill Lane which does not enter the road right- of-way. Construction: project: Total Project Pavement 4.02 acres Pervious 3.90 acres Total: 7.92 Disoharge Rata: The- proposed project is consistent with' the land use and site grading assumptions from the design of the sur~r..~ wa~r management sy~m. The mn. off fl'~m ~his pro]ecl dischan:Jes bto the Whil:~oorwlll Woods surface water management system whiCh limits the discharge to 0.15 cfa/ac, for tho proposed project as well m the Whippoorwill Woods ddvelopment. for this proJect. No adverse water quality Impacts are anticipated as a result of the proposed project. The Whippoorwill Lane roadway improvement right of way contains 4 small wetland assemblages totaling 0.33, 0.04, 0.01 and 0.11 sores respeotfully. These wetlands contain a mix of pine, cypress and dominantly melaleuca in the overstory, Hydrology in these wetlands has been effectively altered due to the surrounding anthropogenic land use and has resulted in oppo~unistic invasion by exotic species. These wetlands totaling 0.49 acres, will be permanently impacted from the construction of the roadway (See Exhibit g). As mitigation for this impact, the applicant will purchase 0.24 mitigation credits from Panther Island Mitigation Bank. Pursuant to Section 4.2.7 of the Basis of Review. protective measures have been incorporated into the project design to prevent secondary impacts to the water resources. Specifically, all surface water runoff will be pretreated in the Whippoorwill Woods (Also known as Laguna Pointe) surface water management system prior to discharging into wetlands. The Whippoorwill Woods project contains a preserve area which also serves as a flow-way that forms a contiguous habitat boundary from the west to the east across the southern portion of the site. The roadway project will have culverts installed below the road grade to maintain conveyance between the flow-way contributing sites in the north and west and sites to the south and east. Wetland Inventory: CONSTRUCTION NEW -WHIPPOORWILL LANE IMPROVEMENTS ONSITE · Fre-Develop merit Total Existing .49 Fresh Water Forested Total: ,49 .49 Post-Development Impacted Undisturbed Enhanced Preserved Restored/ Created .49 Wetland Inventory; MITBANK Pre-Development' PANTHER ISLAND OFFSITE Post-Development Mitigation Bank Cr Used -24 The project site does not contain preferred habitat for wetland-dependent endangered or threatened wildlife species or species of special conr, em. No wetland-dependent endangered/threatened species or species of special concern were observed onslte, and submitted information indicates that potential use of the site by such species ia minimal. This. permit does not relieve the applicant from complying with all applicable rules and any other agencies' requirements if, in the futura, endangered/threatened species or species of special concern are discovered on the site. ': EXHIBIT App.nr,.: 000831-6 Page 3 of 5 It is suggested that the permittee retain the services of a Professional Engineer registered in the State of Florida for periodic observation of construction of the surface water management (SWM) system. This wilJ facilitate the completion of construction completion certification Form #0881 which is required pursuant to Section 10 of the Basis of Review far Environmental Resource Permit' Applications within the South Fiodda Water Management Distl'ict, and Rule 40E-4361 (2), Florida AdministratNe Code (F.A.C.). Pursuant to Chapter 40E-4 F.A.C,, this permit may not be converted from the construction phase to the operation phase until certification of the SWM system is submitted to and accepted by this District. Rule 40E-4.321 (7) F.A.C. states that failure to complete construction of the SWM system and obtain operation phase approval from the District within the permit duratfon shall require a new permit authorization unless a permit extension is granted. For SWM systems permitted with an operating entity who is different from the permittee, it should be noted that until the permit is transferred to the operating entity pursuant to Rule 40E-1.6107, F.A.C., the perrnittee is liable for compliance with the terms of this permit. The pen',:ittee is advised that the efficiency of a SWM system w~l normally decrease over time unless the system is periodically maintained. A significant reduction in flow capacity can usually be attributed to partial blockages of the conveyance system. Once flow capacity is compromised, flooding of the project may result. Maintenance of the SWM system is required to protect the public health, safety and the natural resources of the state. Therefore, the permittee must have periodic inspections of the SWM system performed to ensure performance for flood protection and water quality purposes, if deficiencies are found, it is the responsibility of the permittee to correct these deficiencies in a timely manner. App.no.: 000831.8 Page 4 of 5 0 EXHIBIT RELATED CONCERNS.' Water Use Permit Status: A Water Use permit is not required for this project at this time. This permit does not release the permittee from obtaining all necessary Water Use authorization(s) prior to the commencement of activities which will require such authorization, including construction dewatering and i~gation, unless the work qualifiss for a general permit Issued pursuant to Section 40E-20 FAC. Histori=al/Amhe~loglo. l Resources: The District has received correspondence from the Florida Department of State, Division of Historical Resources indicating that the agency has no objections to the issuance of this permit.. DCA/CZM Consistency Review: The District has not received a finding of inconsistency from the Florida Department of Community Affairs or other commenting agencies regarding the provisions of the federal Coastal Zone Management Plan. Enforcement.' There has been no enforcement activity associated with this application. STAFF REVIEW= DWISION APPROVAL: ~~'"-'NATURAL RESO~b[RCE MAI~4t.G.E~,MENT; DATE: SURFACE WA'~I&~~NT: App.no,: 0008,31-6 Page .-5 o1' 5 EXHIBIT I NO A ITIONAL WETLANDS FROM iS 'l POINT NORTH TO PINE RIDGE ROAD '1 PINE RIDGE 424/624 0.11 ACRES WHIPPOORWILL PINES PUD i 424/41 ! H 0.01 ACRES : ,, "'-fl OUT PARCEL /{~ /0.04 ACRES ~. ~'~7-'- FPL EASEMENT !; ARM SXOWN PROPER LINE '"' EXHIBIT 7' o.~ ~.~s ~ WHIPPOORWILL FLUC~$ LEGEND_ 424/411H IdELALEUCA INVADED FLATWOOD WETLANDS ~ 3: ~ ('~ ::5 740 DISTURBED LANDS , - 624/424 PINE-CYPRE$S-IdELALEUCA goylan '~_-~_ ' ~ WHIPPOORWILL LANE ~Cp ~ FLUCCS IvlAP PiNE RIDGE 0.11 ACRES WHIPPOORWILL PINES PUD AREA SHOWN WETteD WETL~D tl ACRES OUT PARCEL 0-04 ACRES FPL EASEMENT PROPERTY LINE EXHIBIT '. TOTALS: WETLAND ~11 0.33 ACRrr~ WETLAND if2 0.134 &CRES WEn. AND 63 o.01 ~RES ~D~4 0.11 A~ES TOTAL ~NOS, 0,49 ~RES WHIPPOORWILL LANE WETLAND ID MA~ WHIPPOORWILL WOODS 10 T TOTALS: WHIPPOORWILL LANE Wk"TL, M, JD IMPACTS FOR CONSTRUCTION OF WHIPPOORWILL LANE: O.l! AClll3 WHIPPOORWILL PtNES PUD OUT P/U~CEL F'PL EA3EMENT PROPERrI' WHI PPOO RWI LL WOODS EXHIBIT IB_o:~ -~.~..._ E.~o~~~ I¢OUHTY COLLIER IANO.. 26E ..... l ~ ~ South Florida Water Management District MiUgaflon Monitoring Work Schedule Appllcatlon No : 000831-6 ;a{~ 1 of I Mitigation Plan ID: MITIGATION PLAN SUBMITTAL OF MITIGATION BANK DOCUMENTATION 07-APR-2003 101 , 10G TOTAL P.18 EXHIBIT "D" Copy of Executive Summary of Board of County Commissioners Meeting on February 11, 2003 10G EXECUTIVE SUMMARY STAFF REQUESTS THE BOARD OF COUNTY COMMISSIONERS TO ADOPT A RESOLUTION REPEALING RESOLUTIONS PERTAINING TO LAND ACQUISITION, DELAY ACCEPTANCE OF RECORDED EASEMENTS FOR WI:FIPPOORWILL LANE AND CLARIFY COLLIER COUNTY'S POSITION OBJECTIVE: To secure the Collier County Board of County Commissioners approval to repeal Resolution No's. 2000- 147, 2000-166, 2000-414, 2000-422, and 2001-246 and deny acceptance of easements for Whippoorwill Lane until completion of the construction and acceptance of the road in Collier County or at the further direction of the Transportation Administrator. Staff is requesting the Collier County Board of County Commissioners to clarify the county's position consistent with staff's understandings and recommendations as follows: 1. The County's in{ent is to accept the easements along Whippoorwill Lane once 100% .of the right-of-way needed for construction of the roadway to County standards has been acquired; and 2. Acceptance is conditioned upon County staff having adequate time to review the documents of conveyance, including all relevant title work; and 3. An acceptable hold harmless and indemnification agreement has been entered into by the property owners protecting the County or a liability insurance policy, naming the County as an additional insured has been procured that is acceptable to the County. 4. The road must be constructed to County standards prior to being accepted by the County; and 5. All permits shall be applied for, issued and executed in the name of the developer[s], not the County. CONSIDERATIONS: The property owners along Whippoorwill Lane entered into an agreement pertaining to the construction of this roadway. Collier County is not a party to this agreement. In an effort by the Developers to expedite the process, certain easements from most of the property owners were secured in the name of Collier County and recorded in the public records of Collier County. Collier County staff did not participate in, nor authorize the receipt of these easements. Additionally, the recorded documentsq have not been reviewed for legal sufficiency, land area, or clear title. Collier County staff.!, began this process on or about January 24, 2003. Staff is waiting for the receipt of allw necessary title information from the landowners and their representatives so that it can be AGF. NDA ITEM,,'"'7_ No ~ 0 properly reviewed. It is expected the review will take some time to complete and only after completion of the review will staffbe able to make any further recommendations.- Resolutions 2000- 147, 2000-166, 2000-414, 2000-422, and 2001-246 were approved prior to the decision by the Collier County Board of County Commissioners to delete the funding for Whippoorwill Lane from the Transportation budget. The decision not to participate in the cost of the construction of the road was made. These resolutions need to be repealed as a house keeping matter. In order to protect Collier County from potential liability, it is recommended that the Collier County Board of County Commissioners deny acceptance of the easements at this time. This denial of acceptance of the easements, [as recorded in Official Records Book 3196, pages 0871 through 0918 inclusive], needs to be in the official minutes of the meeting of the Board of County Commissioners. Copies of the resolutions are attached hereto. FISCAL IMPACT: There is not fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners: 1. Repeal resolution No's. 2000- 147, 2000-166, 2000-414, 2000-422, and 2001-246. 2. Accept the easements along Whippoorwill Lane only once 100% of the right-of- way needed for construction of the roadway to County standards has been acquired; and 3. Condition acceptance upon recommendation of County staff after staff has had adequate time to review the documents of conveyance, including all relevant title work; and 4. Require an acceptable hold harmless and indemnification agreement from the property owners protecting the County from any liability regarding the conveyance of the land, the construction of the road, or any agreement among the owners pertaining to the construction of the roadway or obtain a liability insurance policy, naming the County as an additional insured in a form and with a company acceptable to the County. 5. The mad must be constructed to County standards prior to being accepted by the County;, and 10G 2003 All permits shall be applied for, issued and executed in the name of the developer[s], not the County. Prepared by: J.~q. uelin~ Hubbard Aggistant county Attorney Reviewed by: Dax Approved by: /~ C. Weigel, County Atto~ey [ E. F'~der, Transportation Administrator I / Date: Date: ilESOI.U'I'ION NO. 2tlO0- 16 6 A ILESOLUTION AUTIIORIZING 'IIIE A£'QUISI'i'ItJN ¢)1: I.ANI) BY CONDEMNATION OF FEE SIMPLE TITLE INTEI~ESTS l:t)l~. 'IIIF. CUNSTRtlUIION OF ROADWAY IMPROVEMENI'S FOR 'HIE WIlII'I'OORWILL LANE I'ROJEC'I' BL:'I'WEEN I'INE RIDGE ROAD TO A POINT ONE MILE SOUTll. BEING TIlE IN'IEItSF. Ci'ION OF TIlE FUTURE EAST/WEST CONNEC:'IOR ROAD CONNECTING TO LIVINGSTON ROAD (I'ilASE I). WIIEREAS. on January I I. 2000. Ilem 8(nj(J). lie ttoazd of County Commissioners approved · proposal 1o prepare regulalions to insme Ihat i.opezlies in Norlh Naples (Sccliu,s 18 and 19. Township 49 Soulh. Range 26 F-ssi) be developed in a coordiuated maturer wilh regard lo public roads, storm drainage, water and sewer utilities; and WHEREAS. preliminary stuff analysis indicates that an additional five Imndred (500) dwelling units utilizing Whippoorwill Lmre for access will cause significant operalional difficullics at Ih¢ £ulure signalized inters¢cliou with Pine Ridge Road; and WIIEREAS. Whippuorwill Lane is uccessa~y as a public ,~ad and this public ~oad will provide a valid public benefit; and WHEREAS. on March 14. 2000. Item 12(b)(3) and 12(b)(4L Ibc Board of County Couunissioners were petitioned by Developers within the Whippoorwill Lane area to approve the required infrastructure for the construclion of Whippoorwill l~ne and staff was directed by the Board of County Connnissioners Io pursue inclusiou of the Whippoorwill Lane I'~ojccl illlo Ihs Capilal lml, ovemcnt Elclncnl of the Growlh Management Plan. initiate Ihs acquisilion of Ihs required la,d interests, and to expedite Ihs advancement of COllslruclion of Whipp.orwill Lane; and WltEREAS. the Iocalion for construction of the proposed improvemenls has been fixed by survey aud is collectively represented by Ihs legal descriptions comprising Exhibil "A" attached he,cio and incorporated herein, and Wt I EREAS. after cousideralion of Ihs availabilily of alternate routes and locations, the comparative costs ¢. f project alternatives, wrious impacts upou the enviroument, long range plamfing options, and public safety considerations, the Board desires ~o exercise ils right to condemn properly for public purposes. NOW. THE'~I~'ORE. BE IT RESOLVED BY TIlE BOAILD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that il has bee, determined by Ihs Board thai the construction of the Whippoorwill: Lane Projecl between Pi~e Ridge Road to a poiut one mile South. being Ihs inte~seclion of the future east/west cormcctor ro~ connccling to Livingstou Road (Phase l), 0tcrchtaf'tcr referred to as "thc Project") is necessary and in thc public's best interest in order to protect thc health, safety aud welfare of thc citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Project is consistent with thc County's long range platmiug ci'For t. AND IT IS FURTIIER R :t~OLVED that the County Staff has reviewed aRernative locations for th various impacts lo thc environmental, public safcty mid welfare considerations associated with thc design s construction of Ute project, and the costs associated with thc design, property rights acquisition, and consts~ the project; and thc Board fiuds that after consideration of Ihese issues, the mosl feasible location for coast Pane 1 the proposed implovcmcots is cc~llcctivcly ;Cl~lcscnled by lite lc-gal dcsc~iplkms cumpHsing Exhibit "A" auachcd he;cio and inco~oratcd herein. AND IT IS I:URTIIEI[ RESOI.VED thai in mdc~ R~ cmsslruct Iht pmjccl as dcsigllcd, il is ncccssary for lite Board to acquire the various ~cal p~opcHy immcsts described m Exhibil "A" lo wit: l~c simple mlc~csts. AND IT IS FUR'I]IER R~OLVED that all p~opcHy shall be put to public proposes. AND IT lg F~iER ~LVED flint Rm Coumy stall' is hereby autho~ izod to immediately acquire by cond~on in a~m~nce wi& thc p~ovisious of Chapters 73, 74 aad 127, Florida Statutes, thc a~ve-refercaced real pto~rty imetests moxe patliculmly dcsctibctl in Exhibit "A", attached hereto and iucmpotaled herein, AND IT IS FUR'i'IIER ~SOLVED that no mob/lc homes are [~aled on Iht properly sought to be acquired and Onerefote it will not be necessa~ to temov~ any mobile homes flora ~he property to be acquired. 71tis Rmoluliml adoplcd oa tlli~ day of %~ ,20~, after motion, second and majorily YOre. · A'I-I'F~: : '~--" DWIGHT E. BRocK, CLERK /4[test as to Chatrmall'$ Signature Approved as lo form and legal sufficic,scy: As$i$1alll Coullly AIIo~le)' Page 2 RESOLUTION NO. 2000 - 1 4 7 A RESOLUTION AU'HtORIZING TIlE ACQUISITION OF LAND BY GIFT OR PURCIIASE OF FEE SIMPLE TITLE INTERESTS FOR TIlE CONSTRUCI'ION O1: ROADWAY IMPROVEMENTS FOR 'I'llE WHIPPOORWILL LANE PROJECT BETWEEN PINE RIDGE ROAD TO A POINT ONE MILE SOUTll, BEING TIlE INTERESECTION OF TIlE FUTURE EAST/WEST CONNECrOR ROAD CONNECTING TO LIVINTS'ION ROAD (PIlASE ONE) WHERF. AS. on January 1 I, 2000, Item 8(a}(3}, ~he Board of County Co.mfissioners (Board}, approved a proposal to prepare regulations to insure that properties in North Naples (Sections I $ and 19, 'l'ownsbip 49 South, Range 26 East) be developed in a coordinated manner with rcg:ud to public roads, storm drainage, water and sewer utilities; and WHEREAS. preliminary staffanslysis indicates that an additional fivc hundred (500) dwelling units utilizing Whippoorwill Lane for access will cause significaut opcratio.al difficulties at thc futme signalized intersections with Pine Ridge Road; and WHEREAS, Whippoorwill Lane is needed as a public road attd lids public ro-~d will provide a valid public benefit; and WHEREAS, on March 14, 2000, Item 12{b)(3) attd 12(b)(4), lite Board of County Commissioners were petitioned by Developers wid~in the Whippoorwill Lane area to approve the required infrastruct~e for the construction of Whippoorwill Lane and staff was directed by lite Board of County Conunissioners to pursue thc inclusion of tile Whippoorwill ~ Project into the Capital Improvement Elcmeut of the Growth Management Plan. initiate the acquisition of the rcquixed land interests, and to expedite the advaoccmcnt of constructiou of Whippoorwill Lane; and WHEREAS. alternate locations, enviromnental factors, long ras~ge plamting, cost variables, concurrence, safety and welfare considerations have been reviewed as they relate to lite implemeutatiou of said transpoflation improvements; and it has been recommended by Cou,ty Staff that it is necessary and iii lite best interest of Collier County. Florida. to maintain flexibility over the acquisitiun of property rights requixed for thc construction of the Whippoorwill Lane Project between Pine Ridge Road to a point one mile south being the intersection of the future east/west comtector road connecting to Livingston Road (Phase 1). hereinafter referred to as 'Project" as identified un Exhibit "A" attached hereto and ~ incorporated here~l~b__y reference; and WHEREA;.'~csign and construction of said tr-ansportatmn nnprovcments and related facilities have been de,trained by the Board to be necessary and in the best interest of Collicr County; and WHEREAS. thc construction of the transportation improvemcuts and related facilities contemplated by thc Project arc nec~,sa~ in ruder to pmtcct the health, mfct'y and welfare of tile citizens of Collier County, and is consistent with thc County's long range planning effort. NOW. THEREFORE. BE IT RESOLVED BY TItE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: 1. The Board has considered thc envirotm~cntai factors, safety factors and fiscal considerations relati~ adopted location of gtc lsansportation improvements nmi related facilities. 2. The fca simple interests identified on Exhibit 'A" are tile most feasible locations, both necessary su with the project requirements, in order to permit thc construction and maintenance of the transportation imp~ -Page 1= rc. lated facilities for thc Whippoorsvill Latse l'mjcct between l'i,c Ridge Road to a point on-' mile souflt bcit~g the intersection of Otc future cast/west connector road coimcclitlg to Livingston Road (Phase !). 3. Thc Board has dctcnniocd dial thc costslruciion and nlaititeuallcc of thc Whip~urwill ~uc tzanspurlation hnpravcmcn~ end rclntcd F~cilitics ~sc ncccsse~ For a public pu~osc and is in Otc best interest of Collier County. 4. ~c cons~ction end maintenance of Otc ueuspmletion improvements a,d related fecilitics ere compatible wi~ ~ ~ ~ p~ g~ ~d objectives fm Collier County. 5. It b ~ ~d in ~ ~ ~t of Colt~ ~nty for Usc ~ard to ~cqu~c II~ fcc shnplc title intctcs~ idcntifi~ h ~ "A': ~ ~nt~ Surf is hereby au~o~ ~ dirtied to acquire by gi~ or ~rc~e ~c Fcc simple title ~tcr~ o~ fl~c propctti~ identified in Exhibit "A". 6. ~e ~n of ~e Board is hereby au~soti~d to excculc Appraisal Agtecmcn~ wi~ fl~c appraisal sclcct~ from ~c list of ff~ pre-qualified by ~le Board of County Co,un,stoners. ~c Board fu~hcr dbcc~ staff to usc ~r~l ream or intel com~nsalion esti~l~ as staff dclem~nes is ncccssa~ to bcsl sc~'e thc needs of thc Project 7. ~c Board, ~ accor~ncc wiflt ~e provisions of Chaptc~ 125.355. Florida Slatutcs. hereby formally waives rite requbcmcnt for a fomtal, independent appraisal ~eport for Rte pmchase of a p~opcrly where fl~e pmcbase price of ~c parcel (~c compc~ation duc to ~c properly owner) is less ~tan One limsdred ~housand and 00/100 Dollars ($100,000.00). lu lieu of ~e hsdc~cnt appraisal report, slaff is hereby au~sorizcd to make purchase ol'lirs for fire prope~i~s, the dollar ~ of which s~R ~ pscdicalcd on 'stuff com~nsalion est~sa~cs~ based upon btdcpcndent appraisals (and ~c data ~c~efrom) obm~cd on s~tilar properties and upon cmsside~ation and application of appropriate market value and cost data ~t to ~ ~j~t ~els. g. U~a ~c approval by fire Couuly Attorney's O~ce of all documents ncccs~D' for ~te subject prope~y acqu~itio~ ~al Propc~y M~agcmenl Depamnent staff is hereby d~cclcd lo offer hmnedia~c delive~ to fist respective propc~ owners of fl~c full compcnsaliou {as es~blishcd by Iht appraisal or slaff compe,sation estimates iu accordance ~, or ~ ~ ~ch o~et legal do~cn~ ancot ~vi~ as ~e County Attorney's O~ce dc~t~ appropriate in or~ ~ pwt~t fl~c ~tercs~ of file Co~ty; and ~c Board hereby au~or~cs i~ prcscat Chain ~d any subsequent ~ fm ~~c Ptoj=cg to execute ~y ~n= which have ~cn approved by ~c O~cc of ~c Coun~ ARo~y, ~ ~mvc ~ lien of any cnc~b~=cc ~d for ~ ~ o~= ~ ~ ~Y ~ z~ubcd for ~c ecqu ~d fcc 9. ~ ~ ~ ~tc ~gofiat~d scttlc~n= ~y ~ obeyed v~ ~c 'Pmc~c Agt~m~t' or '~scm~t A~' ~ &c Di=~tor of thc O~cc of Public Works ~ghtccfing, or his dcsign~, ~ cl~gcd wi~ thc ~Ri~ for ~lcfion o[vafi~s ~piml ~rowm~t projcc~ ~d is hereby dclcget~ ~ eu~ofiW to ~ppsovc ~c~ of ~ ~tcr~ ~bow ~e staff compc~tion esti~tc or a~r~bcd wluc ~nd pay no~lly g~t~ cos= when it ~ ~ ~ ~t ~t~t of~c Pmj~t, wi~in Otc p=~=a= si~c of ~c I~nd ~i~= acqu~ition budget for ~c p=~! ~ing Fifteen ~,o~d and 00/1~ Dolla,s {S15.0~.00) or ~c cuncnt purchash,g limi~ ~tablishcd by rite Colli~ -Page 2- 10. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, I:lulida Statutes. I 1. Thc Chairutan of thc Board is hereby authorized to execute. Easement Agreements and l'ulchase Agreements where thc land owner Ires agrecd to sell lite required land rights to the County al its appraised value or at that amount considered tile "Administrative Se. ttlement Amount" ns such let m is i, ttcrually used by rite admi,lisUative agencies of Collier County. 12. Where thc properly owuer agrccs, by sworn allidavit or agrccmcnt {"Purclmse Agreement" or "Eascment Agtamm~m"}, to convey · necessa~ immest in real ~'op~y to the County, and upon Ihe proper execution by the property owner of those easements or fee sisnple title, a.d such other legal d.cunsents as lite Office of the County Attorney may require, the Board hereby authmizcs the Finance DeparUnela to issue war, ants, payable to file property owner(s) of record, in those mounts as shall b~ specified on a closing statenmnt and which shall be based upon the appraisal or staff compensation estimate in accordance wiliI Otis Resolution attd the ps ovisions of Section 125.355, Florida Statutes. 13. All title to properties or htt~ests in properties which have heen obtained itl die maturer described above shall be deenmd "accepted" by the Boaxd of Cmmty Conmlissioners, as Lhe governing budy of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record itl the Public Records of Collier County, Florida, said easements or lee simple title and such other iostrumeuts as may be required to remove Ore lien of ally encumbrance from tile acquired properties. .-'"" 'II'lis R.ESOLUTION ADOPTED on thisff,~ay of ~fl~ o.'gt'/ ,2000, after motion, second and majority vole. ~': '::~'..A'~.: ' . ° :': DWIGHT.E. BROCK, CLERK "e'~3.. ..-" Attest as to Chalrnan'S signature onl.r. Approved as to form and leg·l~sufficienc~: ~ County Attorney RESOLUTION NO. 2001 - 246 A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY AND MAINTENANCE EASEMENTS AND PERPETUAL, NON-EXCLUSIVE SLOPE AND UTILITY EASEMENTS FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS FOR THE PHASE I WHIPPOORWILL LANE PROJECT FROM PINE RIDGE ROAD SOUTH A DISTANCE OF APPROXIMATELY ONE (1) MILE. WHEREAS, on January 1 !, 2000, item 8(a)(3), Ihe Board of County Commissioners (Board), approved a proposal to prepare rcgulations to insure that properties in North Naples (Sections 18 and 19, Township 49 South, Range 26 East) bc developed in a coordinated manner with regard to public roads, storm drainage, water and sewer utilities; and WHEREAS, preliminary slaffanalysis indicates thai an additional five hundred (500) dwelling units utilizing Whippoorwill Lane for access will causc significanl operational difficulties at thc future signalized intersections with Pine Ridge Road; and WHEREAS, Whippoorxvill Lane is nccded as a public road and this public road will provide a valid public benefit; and WHEREAS, on March 14, 2000, Item 12(b)(3) and 12(b)(4), thc Board of'County Commissioners wcrc petitioned by Developers within thc Whippoor~vill Lane area to approve thc required infrastructure for thc construction of Whippoorwill Lane and staff was directed by thc Board o£County Commissioners to pursue Ihc is~clusion of thc Whippoorwill Lane Project into the Capital Improvement Element of thc Growth Management Plan, iniliatc thc acquisition of thc required land interests, and to expedite thc advancement of construction of Whippoorwill Lane; and WHE]~sE.~AS, alternate locations, environmental factors, long range planning, cost variables, concurrence, safety and welfare considerations have been reviewed as they relate to thc implementation of said transportation improvements; and it has bc~n recommended by County Staff that it is necessary and in thc best interest of Collier County, Florida, 1o maintain flexibility over thc acquisition of property rights required for thc construction of the Whippoorwill Lane Project between Pine Ridge Road to a point one mile south being thc intersection of thc future cast/we, st connector road connecting to Livingston Road (Phase I), hereinafter referred to as "Project" as idcntific~ on Exhibit "A" attached hereto and incorporated herein by reference; and 10G ' WHEREAS, the design and construction of said transportation improvements and related facilities have been determined by the Board to be necessary and in the best interest of Collier County; and WHEREAS, the construction of the transportation improvements and related facilities contemplated by the Projecl are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and xvill assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has considered the environmental factors, safety factors and fiscal considerations relating to the final adopted location of the transportation improvements and related facilities. 2. The perpetual, non-exclusive road right-of-way, drainage, utility and maintenance easements and the perpetual, non-exclusive slope and utility easements identified on Exhibit "A" are the most feasible locations, both necessary and consistent with tile project requirements, in order to permit the construction and maintenance of tile transportation improvements and related facilities for the Whippoorwill Lm,e Project betxveen Pine Ridge Road to a point one mile south being the intersection of tile future east/west connector road connecting to Livingston Road (Phase I). 3. The Board has determined that the construction and maintenance of tile Whippoorwill Lane transportation improvements and related facilities are necessary for a public purpose and is in the best interest of Collier County. 4. The construction and maintenance of the transportation improvements and related facilities are compatible with the long range planning goals and objectives of the Growth Management Plan for ~ . Collier County. 5. It is necessary and in the best interest of Collier County for the Board to acquire the perpetual, non-exclusive road right-of-way, drainage, utility and maintenance easements and the perpetual, non- exclusive slope and utility easements identified on Exhibit "A;" and County Staffis hereby authorized and directed to acquire by gift or purchase the perpetual, non-exclusive road right-of-way, drainage, utility and maintenance easements and file perpetual, non-exclusive slope and utility easements identified in Exhibit "A." 6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements wi~ appraisal finn(s) selocted from the list of firms pre-qualified by the Board of County Commi~ -Page 2- The Board fu~lhcr directs staff to use appraisal reports or internal compcnsation estimates as staff determines is necessary to best serve the needs of the Project in a timcly and cost-effective manner. 7. The Board, itl accordance with tile provisions of Section 125.355, Florida Statutes, hereby fomlally waives the requiremeqt for a fomml, independent appraisal report for the purchase ora property where tile purchase price of tile parcel (the compensation due to the property owner) is less than One Hundred Thousand aqd 00/100 Dollars ($ i00,000.00). Itl lieu of the independent appraisal report, staff is hereby authorized to make purchase offers, for tile properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels. 8. Upon the approval by tile County Attorney's Office of all documents necessary for the subject property acquisition, Real Property Management Department staff is hereby directed to offer immediate delivery to the respective property owners of the full compensation (as established by the appraisal or staff compensation estimates in accordance with tile provisions of Section 125.355, Florida Statutes), in return for the immediate and proper execution of the respective easements, or other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for thc life of thc Project, to execute any instruments Which have been approved by the Office of the County Attorney, to remove the lieq of any encumbrance and for any such other purpose as may be required. 9. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Director of the Transportation Engineering and Utilities Department, or h~s'~lesignee, is charged with the responsibility for completion of various capital improvement projects, and is hereby delegated the authority to approve thc purchase of land interests above the staff compensation estimate or apprair, ed value and pay normally related costs when it is in the b~st int~a:st of tim Project, within the pro-rata share of the land rights acquisition budget for the parcel being acquirod, only when the difference between the purchase price and compensation estimate or appraised value is less than Twenty-Five Thousand and 00/100 Dollars ($25,000.00) or thc current purchasing limits established by the Collier County Purcllasing Department; provided, Project is available. -Pagc 3- 10. That the scttlcmcnt approval authority is delegated by thc Board to thc extent that such approvals do not conflict wifl~ the provisions of Scction i 25.355, Florida Statutcs. I I. The Clmirman of thc Board is hcrcby authorized to cxccute Easement Agreements and Purchase Agreements where thc land owner bas agreed to sell thc required land rights to thc County at its appraised value or at that amount considered thc "Administrative Settlement Amount" as such term is internally used by thc administrative agencies of Collier County. 12. Where thc property owner agrees, by sworn affidavit or agreement ("Purchase Agreement" or "Easement Agreement"), to convey a necessary interest in rcal properly to thc County, and upon thc proper execution by thc property owncr of those cascmcnts or such other legal documents as thc or'rice of thc County Attorney may require, thc Board hereby authorizes thc Finance Department to issue warrants, payable to the property owner(s) of record, in those amounts as shall be specified on a closing statement and which shall bc based upon thc appraisal or staff compcnsation cstimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 13. Ail title to properties or interests in properties which have been obtaincd in thc manncr described above shall be deemed "accepted" by thc Board of County Commissioners, as the governing body o£Collicr County, Florida, a political subdivision of thc State of Florida, and as such, staffis hereby authorizcd to rccord in thc Public Records o£Collier County, Florida, said easements or other instruments as may be ~-cquired to remove thc lien of any encumbrance from'the acquired properties. 14. This Resolution supersedes Resolution 2000-414 approved by the Board of County Commissioners on Novcmbcr 14, 2000. ,'THIS RESOLUTION ADOPTED on this~;Z~lay of~''''''z-~ ......... 2001, after motion, Secbnd and majority vote. '-.. DWiCHT E. sRoC CLERX Appmv~ ~ to m~ ~zi~t County Attorney By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FL RIDA JAMES D/.~ARTER, Ph.D., CHAIRMAN -Page 4- WHIPPOORWILL LANE PROJECT CORRIDOR & PUD MAP EXHIBIT ...... _E. INE._RIE EIBERT GOLF CENTER :i SUTHERLAND PUD !i ii SEAGATE BAPTIST !i CHURCH BRYNWOOD PRESERVE HORSE FARM +I- 20 Acres NOW PART OF BALMORAL (19.58 acres / 72 units) ARLINGTON LAKES il (98.36 acres / 590 units) i- .:- ~-~ 2~6 vs. 226 UNIT~! BALMORAL (39.58 acres I 154 units) WHIPPOORWILL LAKES (76.83 acres / 518 units) WHIPPOORWILL PINES (29.54 acres / 210 units) WHIPPOORWILL WOODS (83.92 acres / 462 units) 1-75 KENSINGTON CANAL ~ .......................... '- .............. : ....... (LIVINGSTON VILLAGE) (148.98 acres / 540 units) Right-of-Way. Drair age,~g~-"13till~EP.s.R~nent ~ ...................... sement . .~- Slope and Utility E~ --F'--"~%~----~ ................................... ~ . ~ , 10G RESOLUTION NO. A RESOLUTION AUTItORIZING THE ACQUISITION OF LAND BY CONDElvfNATION OF FEE SIMPLE TITLE INTERESTS AND/OR PERPETUAl., NON-EXCLUSIVE ROAD RIGHT-OF- WAY, SIDEWALI~ UTIL.rT'Y. DRAINAGE, SLOPE AND MAIN'r'ENAiNCE INi-tiR,ESTS BY EASEMENT FOR THE CONSTRUCTION OF ROADWAY IMPROVEMEI¢I'S FOR TIlE WHIPPOORWILL LANE PROIECT BETWEEN PINE RIDGE ROAD TO A POINT ONE MILE SOUTIt, BEING THE INTEP~ECTION OF Tile FUTURE EAST/WEST CONNECTOR ROAD CONNECTING TO LIVINGSTON ROAD (PHASE I). WHEREAS, on ]anusry 11, 2000, lt~n 8(~X3), thc Board of Cotmty Cununi.~iunc~ ~ppmved a pmpos~l to pv~arc ~gul~tion~ lo insurc thai pml~xics in Nm'th Napl~ (Sections 18 and 19, Township 49 South, Range 26 East) bc developed in · coordinamd manacr with regard to public roads, storm dminagc, wamr and scwcr u~ilirlcs; and ~S, prclLminap/staff anzlysis indicates t~t an addi~mud fivc hundrcd (500) dwclling traits utilLzLug Whippoorwill Lane for access will causc significant opcrational difficuirics at thc futurc sigoalizcd intczscctiun with Pine Ridge Road; and WHEREAS, Whippoorwill Lane is =ec,-ssary a.s a public mad and this public mad will provide a valid public b~neftt; and WHEREAS, oa March 14, 2000, h-m 12(1~){3) and 12(b)(4), thc Board of County Commissioners p~tition~i by Dcvclopors within thc Whippoorwill Lane area to approve th,' rr. quired ini"rastmcnm: for thc cons~mciio~, of Whippoorwill La,~c and staff was direcmd by thc Board of County Commission~a lo pursue thc inclusion of thc Whippoorwill I..anc Project inlo thc Capital Impmv~m~t Elcr~nl of thc Orowih Manag~rn."~t Plan, im~atc t~c ar.~irlon of gnc rcqui~d ~ inmr,'.u, and to cxp~litc thc advanccrn~'nt of cons~mctiun of W'hippoorwill Lane; and WHEREAS, thc location fer consn'uction of thc propor~d improvem~ts has b,'~m ~c~l by survey and coll~.:tivcly n. prcs~nmd by th~ legal dgscnptions comprising Exhibit 'A" at..achcd hcr~o and incotporamd h~.in; and WHEREAS, afmr ~tiun of thc availability of almrnam roums and locations, thc comparative costs of project slmmativ~s, rations impacts upon th~ ~mviro~t, long range planning options, and public ltafcty oonsidcrations, ~nc Bo~d der, h~ mrg. xcis~ its ri~t to condnnn pmpen~ for.publi: lmrpos~. NOW. TI-IEREFORF~ BE IT RESOLVED BY TIlE BOARD OF COUNTY COMlVIISSIONERS OF COT ~ ~-n COUNTY, FLORIDA, ~ it has be~n dgt~mined by th. Board that th~ ~ntstm~tinn of thc Whippoo~ill L~ proj~ beiweg~ Pine Ri~ R~ad to a POin~ °rig mile Sunth' being thg i"tg~cii°n °f thg ~ ~ r AND IT IS FURTHER RF. SOLVED that consn-u,-tion ofthg P~oject is consismnt with thc Count. s long range various hnpacts m thg .vironm"ntnl, public sa/"~Y nnd well' cons~d"ra"°ns acquisition, s~t construction of thc project; and thc Board fu~ t~t sficr conskicration of the~c issues, thc most fcas{blc location for consu'uctioo of thc proposed improvements is collc:tivcly ~-.p~scn~d by thc lcgal descriptions comprising Ex~bi~ 'A' attached hr. reto and incoq~orated h~zcin. AND IT IS FURTHER R. ESOL~D that in order to construct lt~c pmjcct as dcsi~nc~i, it is nccessary for Boant to a~uL'c thc various re. al pmpcrt~ intcrcsts descn'bed in ExJ~'bit 'A' lo wit: fee simple intcrcs~ and/or p~, non-cxclusivc read riff-way, sia~'vzalk, ulflit),, drainage, siopc ~nd maintenance interests by casements. AND IT IS I~ORTI'I~R RESOLVED tim all ~ shtll bc put to public purposes. AND ri' IS FURTHER R. ESOLVED that the County st~fl' is hcrcby authorized m immcd~tely acquirc by condcmn~tion in _-_~co~danc¢ with thc provisions of Chaptcr~ 73, 74 and 127, Florkta Statuucs, the above-referenced AND 1T IS FUR~ RESOLVED that no mobile homos itc located on the propcr~ souEh! to be acquired and thcrcforc it will not be ncccssary to remove any mobile homes from thc propcro/to bc tcc~ed. AND 1T IS FURTHER RESOLVED that this Resolution supcrcedes Resolution 2000-166 approved by thc Board of Coun~ Comm~sioncrs on May 23, 2000, It,'m This P, esol,,tion adopted on this/~/~, da), of '~ ~ 2000, after motion, second and Approved as to form legal suificien~: Assit~mt County Attom~ BOARD OF COUNTY CON~qERS OF COLLIER CO~ By:__ __ JAMES D.~ARTE~., CHAIRMAN Page 2 Q. GRADY MINOR. P.E. MARK W. MINOR. P.E. C. DEAN SlviITH. ?.E. - DAVID W. SCHMITT. P.E. ~ICHAk-L J. DEI. ATE. P.E. Civil Engineers · Land Surveyors · Planners iiN COLLIER COUNTY, A PORTION OF: PIN: 000000.0286800008 S~:- 4,'92~1~ 0'!?. 0004B18 Perpetual. Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement LEGAL DESC~I~TION WHIPPOORWILL LANE (SKETCH B-1807) D. WAYNE ARNOLD, A.I.C.p ROBERT W. THINN-~, A.I.C_P ERIC V. SANDOVAL P-~.M. THOMA~ CH'ERNE~K'y, P-~.M. ALAN V. R~AN PRO,.}EC'I'_(.oH PARCEL FOLIO zT-) Tb~ EAST 40 FEET OF THE NOR~ .qALF (1/2) OF ~F~ SOUTF~_JtST QUARTER (1/4) OF ~-.'E SO--ST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH.., RANGE 26 =_A. ST, COLLIER COUNTY_, FLORIDA; CONTAINING 26,408 SQUA3.E FEET, MORE OR LESS. ' Q. SIS D TOM , P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.co~r 3800 Via Del Rev · Bonita $orin~s. Florida 34134 Q. GRADY MINOR. MARK W. MINOR. P.E. _ C. DEAN SMITH, ?.E. ~AVID W. SC3-1MITT, .,4ICi-{AEL J. DELAT-= ?.E. Civil Engineers La~d Surveyors Harmers IN COLLI~.R A PORTION OF: · P~N: 0000000286800008 STRa~P.: &9~618 01.7.0004B!8 D. WAYNE ARNOLD, AJ.C.P. ROnEI~'r W. 'r~NNES, A4.C.P. EmC v. s~v~ p5.~ ~OM~ ~~, p~ A~ V. R~ PROOECT PARCEL_ r )P- - LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-1807-A) %lie WEST 10 FEET OF THE EAST 50 FEET OF THE- NORTH .qALF (1/2) OF SOUT?.-EAST QUARTER (1/4) OF THE SOI-fi.~'WEST QUARTER (!/4) OF SECTION !8, TOWNSF.'IP 49 SOUTE, RANGE 26 EA. ST., COLLIER COUNTY_, FLOR!DA; CONTAiNiNG 6, 600 SQUARE FEET, MOPE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. TOM Cq-.-'~.P, NESKY STATE OF FLORIDA C (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor, corn 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Sngineers · L~nd Surveyors · Planners Q. C;RADY MINOR. MARK W. MINOR, - C. DEAN SMITH. P.E. AVID W. SCYIMI"~r'. · DELATE. D. WAYNE ARNOLD, A.LC, P. ROBERT W. TbIINNES, A. LC.P. ERIC V. SANEXDVA/, P.SJvL THOMAS CI'{ERNESK~. PS.M. ALAN V. R~ I'IN COLLIER COUNTY., A PORTION OF: P:.IN: 0000U0~2~8.6960003 STRA~: 4~.18 021.0004B18 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint Easement PROOECT_ PARCEL, FOLIO rr~9~r~c~ LEGAL DESCRIPTION WtiIPPOORWILL LANE (SKETCH B-!807) ~ EAST 40 FEET OF ~KE EAST biALF (!/2) OF ~.~ SOUTb..~T QUARTER (1/4) OF THE_ NORT!=~_3%ST QDLARTER (1/4) OF THE SOUTHWEST QUARTER OF SECTION !8, TOWNShiP 49 SOUTh.., RANGE 26 EAST, COLLIER CO5~Y, FLORZDA; CONTAINING 25,408 SQUARE FEET, MORE OR LESS. Q. GR~Y MINOR & ASSOCIATES, P.A. SiGNED 3-/~'~ TOM CA'ERNESKY ( , P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs. Florida 34134 Q. CRADY MINOR. MARK W. MINOR. P.E. C. DEAN S6dITH. P.E. '~AVID IA'..~-HIvKITT, .,41CHAEL J. DEI_AT~ p..E. IN COLLIER C2DUNTY, A PORTZON OF: ":' *TP!/~' :- 00.000002869600(]3 'S~: ¢9'Z$I!~ 02!. D. WAYr~E ARNOLD, Ros~z'r w. 'rS~N~. A4.c~,. ~mc v. SAN~V^U P~.~4. 'n~O~4AS C.~ AL~ PROJECT PARCEL FOLIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LAArE (SKET~q B-1807-A) T~.~ WEST !0 FEET OF ~ EAST 50 FEET OF T!=~ F2%ST i~F (i/2) OF SOUTHEAST QUARTER (1/4) OF ~ NORthEAST QUARTER (1/4) OF SOUT~-W=ST QUD~TER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 DST, COLLIER COUIgTY., FLORIDA; CONTAiNiNG 6,6.00 SQUARE FEET, MORE OR LESS. Q. GR_ADY MINOR & ASSOCIATES, P.A. TOM P.S.M..=5426 STATE OF FLORIDA 10G (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR. F.E. MARK W. MINOR, ?.E. ~ DEAN SMrl'H, P.E. )AVID W. SCHMITT. P.E. DELATE P.F- A '.POR'~OH OF: PIN': 0'00'0000286760009 ST'R3~: 4.,q'lg!80'iS.O004BL8 Perpetual, Non-Exclus~e Road Right.f-Way, D~inage, Utili~ and Maint. Easement LEGA~ DESCRIPTION W~iIPPOORW!LL ( SKETC~ B-1807) D. WAYNE ARNOLD, A.I.C.P. ROBERT W, THINNES, ERIC V. SANDOVAL, P.~.M. THOMAS (:~E-RNESk'Y, P ~;.M. ALAN V. ROS--~AN PROOECT P^RC£L FOLIO no /q-iE F~A~T 40 FEET OF ~ NORTH H-~F (1/2) OF ~ NOR~-.-EJ~ST QUARTER (1/4) OF ~.-E SOU/q-..'WEST QU~TER (1/4) OF SECTION 18, TOWNSEI? 49 SOU/Cq, RANGE 26 -LAST, COLLIER COUNTY, FLORIDA; CONTAINING 26 SQUA3LE FEET, MORE OR LESS. '' Q. GR~Y MINOR & ASSOCIATES, P.A. DSM. STATE #5426 OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aoLcom 3800 Via Del Rey · Bonita 5pmn§s. Florida 34134 C~vil En~4~eers Land Surveyors PIanners Q. CRADY MINOR. NIARK W. MINOR. P.E. C_ DEAN SMITH, P.E. 3AVID W..~iHlvlrI'T, ,vIIC~LAEL J. DEI. ATE. D. WAYNE ARNOtSD, A.I.C_p. ROBEIrr W. THINNF. S. A.I.C.p. ERIC V. SANDOVAI. P.S.M. THOMAS ~K'Y, ALAN ¥. .A PORTION' OF: P.'r,~:. 00'000'0018.~.760009 ~:m 4926.18 016.0004B18 PROJECT PARCEL_. LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKET~q B-!807-A) THE WEST 10 FEET OF TB~ EAST 50 FEET OF TA~_ NORTH -q~F (1/2) OF T~ NORTHEAST QU~TER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOU/q{, RANGE 26 ~-~T; COLLIER COUNTY, FLORIDA; CONTAiNiNG 6,600 SQUA_~E FEET, MORE OR LESS.. Q. GPA.DY MINOR & ASSOCIATES, P.A. s TOM ~q'ER.NE S k"Y , P.S.M. #5426 STATE OF FLORIDA ,e (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor.com 3800 Via Del Rey Bonita 5pring~0 Florida 34134 Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR. P.F_ MARK w. MINOR. P.E. DEAN SMrTH, P.F_ ~vID W..~HMITT, P.E. J, DEI_AiT_ P.E. D. WAYN~ ARNOLD, A. LC.P. ROBERT W. THINNES, A.I.C_p. ERIC V. SANDOVAL PS.M. THOMAS CHE-RNF. SKY, P.$.M. ALAN V. ROS--aMAN [ iN COLLiE~ COUNTY., A'PORTION OF: .PIN: 0000000286480004 STP. Ai~: 492618 012.0004B18 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint Easement PROJECT q PARCEL .... !O5 LEGAL DESCRIPTION WHiP P OORWILL (SKETCH B-1807) 57-.'E "-EAST 40 FEET OF T.m.~ SOUTH .qALF (!/2) OF TT-.-E SOUTi-.'EAST QB:~-RTER (1/4) OF TZ~ NORTH'WEST QO.-ARTER (1/4) OF SECTION !8, TOWNSHIP 49 SOUTH, RANGE 26 'EAST, COLLIER COUNTY., FLORIDA; CONTAiNiNG 26,408 SQUARE '~=="~ MORE OR LESS Q. GR_ADY MINOR & .ASSOCIATES, P.A. ~-~/w m S M. ~5426 TOM CZ-.~P~N'ESKY L STATE OF FLOR'_-DA 10G (94t) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rev · Bonita 5prin~:s. Florida 34134 Q. Gl'iA[DY MINOR, P.E. MARK W. MINOR, P.E. -.C. DEAN SMITH, P.E. AVID W. DCHMI'I-i', P.E. MIC'.~AET. J. DEl_AT-r_ P.E. Civil Engineers Land Surveyors Planners ×H BFF 9' ,.,. A' PORTION' OF: PI~: 0000000286480004 STR.A~: 492'618 012.0004BLS O. WAYNE ARNOLD, A.I.C.P. ao 8Em' w. 'n-UNN~. 5mC V. SANDaV^L ALA~N V. PROJECT (~?y)%cJ. PARCEL / ~0 C---~ LEGAL DESCRIPTION PERPETUAL. NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-ZS07-A) ~-E W'EST l0 FEET OF TEE ~AST 50 FEET OF ~qE SOOTH ~L~F (!/2) OF ~qE SOUTH~T QbLARTER (1/4) OF THE NORTI~w-EST QU~_RTER (1/4) OF SECTION 15, TOWNSHIP 49 SOUTH, ~AzNGE 26 EAST~ COLLIER CO5-NTY, FLORIDA; CONTAiNiNG 6,600 SQUARE FEET, MORE OR LESS. C Q. G~y MINOR & ASSOCIATES, P.A. T. OM..-.Ci'qEP-N'E S KY. 'Z// , P.S.M. #5426 STATE OF FLORIDA 9~7-1144 FAX {~1) 3800 Via Del Rey Bonito Springs. Florida 341~ Q. GRADY MINOR, MARK W. MINOR. P.~ _ C DEAN SMITH. P.E. ~ID w. SCr{MITT, ?.~ D~=-LATF. P.~ C41{.&I.3Y NIlIN OI-{. ~: ASSOCIATES, P.A. Civil Engineers · [~nd Surveyors · Planners D, WAYNe. ARNOLD. A.I.Cp. ROBERT W. T'HINNE~. A.LCP. ERIC V. SANDOVAL PS.M. THOMA$ C~F~Sk'~L P.S.M. Al. AN V. ROS'~vIAN IN COLLIER COU~--'Y, k PORTION' OF: PiN: 000000'0288160102 STRAP: 492.618 051.0004818 PROJECT PARCEL FOLIO FEE SIMPLE INTEREST LEGAL DESCRIPTION W}iiPPOORWILL (SKETCH B-!807) TI.~ EAST 40 FEET OF Ti-.-E SOUT}i .qA. LF (1/2) OF T!-.iE SOUTH '~-~_LF (!/2) OF .~q-.'E NOR_'/5.-{ F_ALF ( ! / 2 ) OF %q-.lE SOLrli.-.'EA_ST QUARTER ( 1/4 ) OF NORTh-WEST QU~_RTER (1/4) OF SECTi'ON !B, TOWNSHIP 49 SOU/Iq, R3-_NGE 26 -iA_ST; LESS Ti-LAT PARCEL DESCRIBED iN OFFiCiAL RECOP. DS BOOK 2286 AT PAGES 624-~2~ OF TbZE PURLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAiNiNG 2,400 SQUARE FEET, MORE OR LESS. Q. G~m~Y MINOR & .ASSOCIATES, P.A. s z c- -z D 3-1/ TOM .C~E.~R.N"ES KY ~ D.S M. #5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol. com 3800 Via Del Rev · Bonita Springs, Ftor~da 34134 Q. GIZADY MINOR. P.~-- MARK W. MINOR- P.~ _ C_ DEAN SMITH, ~AVID w. ~Ct-{MITT. P.E. MICHAEL ]. DEI.AT-= (,2- ~I{.AL)Y fVlllNUil ~ Ab~Ut~l-~-I Civil Engineers Land Surveyors Planners EXHIBEr iN COLLiE~ COUITi'Y, A PORTION OF: '" :": ~IN: 0000000'28816010~' STR3L~': 492618 051.0004~18 D. w^¥N~ AmaOLD, ~OSmU' w. TH[Nt, rF.S, A.LC_~'. THOMAG C}'i--=RN'~-K'Y. p~ ALAN V. ROS"~vtA]T" PRO~ECT ~o005 L Jr PARCEL (o(')(m FOLIO ('¥)2%'% IGO IOSL LEGAL DESCRiPTiON. PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT W~tIPPOORWILL LANE (SKET~q B-1807-A) ~-iE WEST !0 FEET OF ~E- LAST 50 FEET OF TEE SOL~!I--q :-LA-LF (1/2) OF SOUTiH :~F (1/2) OF T~.~ NORTH blALF (1/2) OF ~qE SOUTH~--AST QUA_RTER (1/4) OF ~ NORTi-~ST QUARTER (1/4) OF SECTION lB, TOWNSHIP 49 SOUT~-Z, ~ANGE 26 EAST; LESS ~AT PARCEL DESCRIBED iN OFFiCi~ .RECORDS BOOK 2286 AT PAGES 624-626 OF TH-E PUBLIC RECORDS OF COT,T,iER CO'JNTY, FLORIDA; CONTAiNiNG 600 SQUARE FEET, MORE OR LESS. Q. G~x_DY MINOR & .ASSOCIATES, P.A. TOM Cb..~R.~-_SK-f I P.S.M. ~5426 STATE OF FLORIDA 10G (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, P.E. MARK W. MINOR. P.~ C. DEAN SMITH, P.E. ~VlD W. 5CHM~, P.E. 1. D~LATF. ?.E. D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNE~, A.I.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESK%', PS.M. ALAN V. RC~F. JvtAN .:i A'i"POR. TZCrI, t OF: / l:I/,t: 0000000286520003 ':STRAP:. 4926!8. 0!3.0004t!3.8 PROJECT PARCEL FOLIO FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETC~ 3-1807) .Tb.~ EAST 40 FEET OF ~AT PD~CEL OF L~dXrD LYING IN THE SOUTi4 i~ALF (1/2) OF THE SOUTZq 9~F (1/2) OF THE NOR~q PikLF (1/2) OF ~{E SOLriT-.i~T QU~TER (1/4) OF TP~ NORTR-..~-EST QUARTER (1/4) OF SECTZON !8, TOWNSHIP 49 SOUTZ4, ~NGE 26 EA. ST; SAiD Pg~CEL BEING MORE PA_RTICriL~3.LY DESCRIBED iN OFFiCiA~ RECORDS BOOK 2286 AT PAGES 624- 626 OF Tg~ P%~LiC RECORDS OF COLLIER COUNTY_, FLORIDA; CONTAINING 4,201 SQUARE FEET, MORE OR LESS. Q. G~y MINOR & .ASSOCIATES, P.A. TOM CI.4a.R/~-SK'Y - / .. . ~n_26 nS.M STATE OF FLORIDA F: SY.3RV'~Y\ WW. Lf~ (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aoLcom 3800 Via Del Rev · Bonita Springs. Florida 34134 Q. GR~DY MINOR. MARK W. MINOR. P.E. c DEAN SMITH. P.E. DAVID W. SCHMITT. P.F- MICHA-ZL J. DELATE.. ?.E. (2. GIC&DY NII1NOI{ 6z AbbOt. IAI hb, I.'.A. Civil Engineers Land Surveyors Planners IN COLLiE~ COUNTY., A PORTION OF: PIN': 0000000286520003 STR3LP: 492618 013.0004B18 D. W^¥NE ^~OLD. ~.LC_~'. RO~Em' W. ~. ~.~. ZInC V. S~OVA~ ~ A~N V. R~~ PROJECT ~O~5~ PARCEL ~Oq FOLIO ~pZ~5~~ LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSiVE SLOPE EASEMENT WHIPPOORWiLL LANE (SKETCH B-!807-A) THE WEST 10 FEET OF .TZ~ LAST 50 FEET OF TZ~-~.T P.~_RCEL OF L'-_N-D LYING iN THE SOLrlq. q :~_%.LF (1/2) OF THE SOUTH F_ALF (1/2) OF THE NORTZq (1/2) OF 55-._~ SOU?.-?.AST QUARTER (~/a) OF. ~ E NORTH'W~-ST QbT_~TER (1/4) OF SECTION !8, TOWNSHIP 49 SOUTZq, R_~.NGE 2~ E.AST; SAiD P.~_~CEL BEING MORE PA-RTiCD'r'-ARLY DESCRIBED iN OFFiCiAL RECORDS BOOK 2286 AT PAGES 624 - 62 ~ OF TZ-.-E PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAiNiNG 1,050 SQUARE FEET, MORE OR LESS. Q. G~.DY MINOR & ASSOCIATES, P.A. TOM P.S.M. ~5426 STATE OF FLORIDA 10G - .i 5 2 7 0 8 947-1144 FAX (941) 947-0375 E-Mail: eng/neerhng~gradymmor.corn 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR. [DEAN SMI'i'r{, P.E. w. ~ZHMITT, P.E. J. DELAT",- P.E. Q. GKADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners D. WAYNE ARNOLD, A-I.C.P. ROBERT W. THINN?..~, A.I.C.P. ERIC V. SANDOVAL P-~.M. THOMAS CI-C~RN"=~Ky. P.S.M. ALAN V. ROS-EMAN. iN. COLLI~_R ~'A. POKTION OF: PIN: 0000000286640006 S.TRIL~: 492~!8 013.0034B18 PRO,JECT PARCEL FOLIO FEE SIMPLE INTERST LEGAL DESCRIPTION W~iIPPOORW'/LL (SKETCH B-!807) TZ-.~ F~AST 40 FEET OF TFiE NOR.nq~. :~_~_LF (1/2) OF THE SOU/iq F-~F (1/2) OF ~'-- NORTH .u_~3LF ( 1 / 2 ) OF T.-.2 SOr/IX-iEAST QUARTER ( ! / 4 ) OF ~' E NOR-~q---WEST QU~_RTER (1/4) OF SECTION !8, TOW-NSb:iP 49 SOLr!.H, .R.~_NGE 26 -- . ~-T T , =D.Scm, COLLIER CObq~fY., FLORIDA; CONT.._N_NG 6 602 SQU~_RE FEET, MOF~E OR LESS. Q. GRA/DY MINOR & ASSOCIATES, P.A. TOM CZ---_~-P.N'ESKY ( , P.S.M. ~5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Iv[ail: QGMA@aol.com 3800 Via IDol R,v · Bnnita ~orin~. 7)nr~rta %4134 i .- .' .... ,d Q. GRADY MINOR. MARK W. MINOR. C_ DEAN SMI'I'H. DAVID W. 5C. HMITT. P.E. MI~-{Ak-L J. DELATE. Civil Engineers Land Surveyors Planners iN COLLIER A PORTION OF: PIN: 0000000286640006' STRAP: ~9261S 013.0034~18 D. WAYNE AP, NOt_D, A.I.C_P. RO BERT W. T'rflNTqF. S, A.I.C..P. EmC v. SANDOVA~. THOMAS c~-mu~, p~ ALAN V. R~ RO0:C7 FOt. IO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-1807-A) Ti.~E WEST 10 FEET OF Ti~E FDZST 50 FEET OF TI.-{E NORtIZ-.' =_~LF (1/2) OF H= SOL-Ti~ '~_'-_LF (1/2) OF TiqE NOR%".-{ i-iAL? (1/2) OF THE SO5'Ti~EA. ST QUARTER (1/4) OF THE NORTi-VW-EST Qb:~--RTER (1/4) .OF SECTION !8, TOWNSHIP 49 SOUTi-{, R~_NGE 26 -.EAST, COLLIER COO-NTY, FLORIDA; CONTAiNiNG 1,650 SQUARE FEET, MORE OR LESS. Q. GR.=_DY MINOR & .~SSOCIATES, P · A. TOM ~:-.'ER!~ESKY 'i P.S.M..~5426 STAT-. OF FLORIDA F: .~URV'EY\ Wa. ~ 106 (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~Dgradyminor.com 3800 Via Del Rey Bonita Springs. Florida 34134 Q. GRADY MINOR. MARK W. MINOR. DEAN SMITH. P.E. ) w. 5Ci-IMITT, P.E. I. DELA~"r-. P.~ ~IQ%~L) Y MIINUI{ &: A55C)(CIA'I'E~, P.A. Civil Engineers · Land Surveyors · Planners D. WAYNE ARNOLD, A.I.C_p. ROB~---'T W. T'r'FINNES, A.I.C_P. ERIC V. SANDOVAL, p c;.M. THOMA~ C. bEEP~IO[, P.S.M. ALAN V. RCb-r'_MAN iN COLLi-iiR COUNTY., A PORTION OF: PIN:0000000286600004 ST'R~P: 492~18 013.0024B1'8 PROJECT PARCEL FOLIO FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-!807) Ti.-~--- EAST 40 FEET OF T~..~ SOUTi..q .~LALF (1/2) OF Ti.~_E NOR_'!qq bL~_LF (1/2) OF :q-- NORTIH .~L%.LF ( 1 /2 ) OF TD. iE SOUTi. H?.3LST QUARTER ( !/4 ) OF NOKTi.-.-w'EST QD:~-_qTER (1/4) OF SECTION 18, TOWNSHIP 49 SOb-TI.H, P,A_,'~GE 26 --__AST, COLuLiER COb'NTY, FLORIDA; CONTAiNiNG 6,602 SQUARE FEET, MORE OR LESS. Q. GR~Y MINOR & ASSOCIATES, P.A P.S.M. ~5426 STATE OF FLORIDA ' F: SURVEY\w',4. (941) 947-t144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs. Florida 34134 Q. GRADY MINOR, P.E. MARK W, MINOR, P.E. C. DEAN SMl'fl-I, P.E, - DAVID W. SCHM ~ITT. P.E. 4ICHAEL. J. D~S[_ATE. P.E. Civil Engineers Land Surveyors Planners COLLi'i.~ COU1TI'Y, PORTION OF: . "': "PIN:0000000286600004- . STRA.~:'492~1B 013.0024B18 D. WAYNE ARNOLD, A.I.C.P, ROBERT W. T]ffINN~, A.I.C.P. ERIC V. SANDOVAL, PS.M. THOMAS CHERN-r. SiCy, Al_AN V. PROJECT .. I , 05LL PARCEL oCDq FOLIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LAN'E (SKET~-q B-!807-A) ~E 'WEST !0 FEET OF THE E3%ST 50 FEET OF THE SOUTi..q F3iF (1/2) OF 2q-.~ NORTH i~!F (1/2) OF ?~.iE NORTH ~F (1/2) OF ~E SOS~HEAST QUA_RTER (!/4) CF ~qE NOR~ST QU~_RTER (!/4) OF SECTION !B, TOWNSHIP 49 SOUTZ. H, KANGE 26 E. AST, COLLIER COb-NTY, FLORIDA; CONT.~_~_N= 1,650 SQUARE FEET, MORE OR LESS. Q. GR.~_DY MINOR & .:~SSOCiATES, P.A. TOM CEER_N--Sk~ ~ P.S.M. ~5426 STATE OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Mail: enTineertn~'radyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GIL&DY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors ' Planners Q. GF. ADY MINOR. P-~ MARK W. MINOR. P.E. eAN 5Mr'r'H. P.-'-. ID w. SCHMITi'. P.~ A~-L J. D~.A'I'=- P.~ · z~.i cor. r.z':m A PORTION OF': PiN: 000000028'65.60005 STRAP: 492618 013.00t4rt18 D. WAYNE ARNOLD, A.I.C_P. ROBEKT W. T'r'IINNES, A.I.C.P. ERIC V. SANDC)VAI.. P.S.M. THOMAS C'HERNF.~ICY. P~.M. ALAN V. ROSEMAN ' PROJECT (,~ C/J5 ~, PARCEL t10 FOLIO ~ 2~_~/~ ~Y",,,~ FEE SIMPLE INTEREST LEGAL DESCRIPTION W~!PPOORW!LL LA.NE (SKETCH B-!807) THE FEAST 40 FEET OF ~ NORTH bL~_LF (1/2) OF THE NORTH '.~_~_LF (i/2) OF THE NORT:.~ i~-~_LF ( ! / 2 ) OF T~HE SOUTY. HF-AST QUkRTER ( 1 / 4 ) OF THE NORTY.-Z~ST QUARTER (1/4) .AND THE -IAST 40 FEET OF ?b'E SOUT:..~ 60 FEET OF THE EAST NORTi.-T~-EST QUA_~TER (1/4), ALL OF SECTION !8, TOWNSHIP 49 SOUTH.., R_A/~GE 2G -LAST, COLLIER COGNTY, FLORIDA; CONTAINING 9,002 SQUA.~E FEET, MOPE OR LESS. Q. GR.ADY MINOR & ASSOCiAT--S, P.A. P.S.M. ~5426 STATE OF FLORIDA F; SLTRV~y\WW. ~ (943.) 947-114-4 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rev · Bonita 5vrin~.s. FlnrSH~ ~-..r~aa Q. GRAJDY MINOR. P.F.. MARK W. MINOR. P.E. _C. DEAN SMITH. P.=-- AVID W. SCHMI"I-I'. P.=.- MI~--IAEL J. DELAT-6. P.'- Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers t.~nd Surveyors Planners !N. COLLi~ A PORTION. OF: FIN: 00000.00286560005 ST'RA~.; 491618 013.00!~B18 vic D. WAYNE ARNOLD. A.I.C_p. ROBEKI W. T'HINNE~, A.I.( ~Ic v. SA~VAh ~OM~ C~ A~N V, R~, PROJECT (~?~5~ PARCEL ~ 1~ FOLIO ~3Q%e~~y)~ LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSiVE SLOPE EASEMENT WHIPPOORWILL LANE (SKET~q B-!807-A) %iT-.'E WEST !0 FEET OF ,.~7.-'.E -EAST 50 FEET OF !7-.'E NORTZq H_ALF (1/2) OF NORT:-i F_~-LF (1/2) OF ~."Z-.'E NORTZ4 :~_%L.F (1/2) OF TZ~ SOL~i?_EAST QU?-.RTER (!/4) OF -~i-.'E NORT?.-~ST QU.Z-RTER (7/4) A/~'D TZ-.'E WEST !0 FEET OF TI-.iE =_A.ST =0 FEET OF IZqE SOUTH 60 FEET OF TZ-.-E EAST i-L~_LF (1/2) OF NORTHEAST QUARTER (1/4) OF THE NORT~..~ST QUARTER (!/4), ALL OF SECTION !8, TOWNSHIP 49 SOLrIT_H, RANGE 2g EAST, COLLIER COUNTY., FLORIDA; CONT,-_NzNG' r - 2,250 SQUAI~E FEET, MORE OR LESS. Q. G~Y MINOR & ASSOCIATES, P.A. ~ S M #5426 STATE OF FLORIDA 10G F: SURV'&'Y\W',,;. ~ (941) 947-1144 FAX (941) 947-0375 E-Mail: eng-ineeringabgradyminor.com 3800 Via Del Rey Bonita Sprkng$, Florida 34134 Civil Eng~eers · Land Surveyors · Planners Q. CRADY MINOR, P.~ MARK W. MINOR, P.E. C. DEAN SMITH, P.E. W. 5CHMITT, P.E. ICl-~EL J. DELAT~ P,~ iN COLLIE~.COItNTY, A PORTION OF: PIN: 0000000287560004 STRAI~: 4~2618 034.0004~18 D. WAYNE ARNO[ D. A.I.C.p. ROBERT W. THINNE~, A.I.C.p. ERIC V. SANDOVAL, P-~.M. THOMAS CHEI1N~=SK~, PS.M. ALAN V. ROS-C~AN PROJECT (o (_Y. Z5 t2 PARCEL, FOLIO FEE SIMPLE INTEREST LEGAL DESCRIPTION W]iiPPOORWILL LANE (SKETCH B-1807) .... .. H- ~T .H~F (1/2) OF ~= FEAST 40 FEET OF ?-'E EAST KALF (1/2) OF T ~ THE NOR.'Zb.~--AST QUARTER (1/4) OF THE.= NOR~-.'W~ST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH~ R.A_NGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS THE SOUTH 60 FEET ~_R OFFiCiA~ RECORDS BOOK 1559 PAGE !4 AND LESS T~E NORTH 150' FOR THE PINE- RIDGE ROAD RiGHT-OF- WAY, AND I.~SS TbL~T PORTION OF TP~ EAST 40 FEET AS DESCRIBED IN T~AT CERTAIN ORDER OF TAKING PER OFFICIAL RECORD BOOK 2660 AT PAGES 3375 THROUGH 3353, CONTAiNiNG 27,6!4 SQUAaqE FEET, MORE OR LESS. Q. G~ADY MINOR & ASSOCIATES, P.A. TOM ~ .~iERAVE_.S KY ~ , P.S.M. #5426 STATE OF FLORIDA F: SURVEy\WW. IJ~ (941) 947-1144 · FAX (941) 947-0375 · E-Mail: engineering~gradyminor.com 3800 Via Del Rev · Bonita Springs, Florida 34134 Q. GRADY MINOR, MARK W. MINOR. C. DEAN SMITH, ")AVID W. 9CHMF~', ?.=-- .~I~A~ J. D~_ Civil En~, ..L~_n__dSurv_eyors Planners iN COLLIER COUNTY., A POrTiON OF: PIN: 0000000287560004 STR~: 432618 034.0004B18 O. WAYNE ARNOLD, A.I.C_p. R{DBEiUr W. TPilNNES, A.I.C.p. ;--IIC V. SANDOV THOMAS Cha'ERN?_~Ky, ALAN V. PROJECT PARCEL LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- !807-A) .'!q-.'E WEST 10 FEET OF THE EAST 50 FEET OF Tb~- EAST bL'~_LF (1/2) OF .%X-iE -E-~---CT :-:3LF (1/2) OF T!~.:E NOR.'i~.'-.EJLST QU~_RTER (1/4) OF T!-.:E NORTZ~-w-EST QUkRTER (1/4) OF SECTION 18, TOWNSHi_n 49 SOUTH, P-~-NGE 26 ~T, COLLIER COUNTY., FLORIDA; LESS TZ-.~ SOLTICH 60 FEET PER OFFiCiAL .KECORDS BOOK 1529, PAGE 14 AND LESS THE NOR.?.~ 150' FOR Ti~-E Pi~-E RIDGE ROAD RiGHT-OF-WAY, AND LESS T~.L%.T PORTION OF Ti-{E EAST 40 FEET AS DESCRIBED iN THAT CERTAIN ORDER OF TA.KiNG PER OFFICIAL RECORD BOOK 2660 AT PAGES 3375 T!~OUGH 33 83, CONTAiNiNG 10,343 SQUARE FEET, MOPE OR LESS. Q. Gp_~.Dy MINOR & ASSOCIATES, P.A. TOM Ci.q-_R_NESKY 2/ .., P.S.M. ~5426 STATE OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~Eradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 %,/. ~lta.13 I lvlllNull /~: A~UiilAI'kS, P.A. Civil Engineers · Land Surveyors · Planners Q. GRAD¥ MINOR. P.E. MARK W. MINOR. P.E. - C. DEAN SMITH. P.E. ~AVID W. SC. HMITi'. P.E. J. DEl_AT"= iN COLLIER COUNTY., A PORTION OF: PIN: 0000000287280009 STR3tR: 492618 028.0004B18 Ii). WAYNE ARNOLD, A.I.C.P, ROBERT W. T'm'INNES, A.I.C_P. ERIC V. SANDOVAL, PS.M. THOMAS C,-ILrRNESK~, PS.M. ALAN V. RC~--~AN PROJECT (hO_ PARCEL 1! FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LA/~E (SKETCH B-!807) T!~ WEST 40 FEET OF Tb.~ SOUTH P3~F (1/2) OF ~ NORTHW-EST QbLM~TER (1/4) OF ~-~- NORTZ~-E. AST QDL=~TER. (1/4) OF SECTION !8, TOWNSHIP 49 SOLVE_H, RANGE 2~ EAST, COLLIER COUITTY., FLORIDA; CONTAiNiNG 2~,4!9 SQUA_R_E FEET, MORE OR LESS. Q. G~DY MINOR & ASSOCIATES, P.A. TOM Ci.-.'ER.N'E S K'f P.S.M. ~=5426 STATE OF FLORIDA (941) 947-1'144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs. Florida 34134 Q. Gl'lA[DY MINOR, P.E. MARK W. MINOR, p.t: _C_ DF. AN SMITH, P.E. ~.VID W. $cHMrI'r, P.E. ,alCHAEL J. DEl_AT-; P.E. Civil Engineers Land Surveyors Planners iiN'COLLIER COUNTY., A.'PORT!ON OF: · PIN: 0000000287280'00~: · STRgL~: 492618 028.0004B18 D. WAYNE ARNOLD, A.I.C.P. ROBEKT W. T'HINNrF.5, A.I.C.P. EPIC V. 5ANDOVAL, THOMAS CHERNESK'Y, Al. AN V. R~ PROJECT PARCEL (D ~ ,7' FOLIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKET~q B-!807-A) ~ EAST !0 FEET OF ~E WEST 50 FEET OF ~E SOUTiq i~F (1/2) OF NORTZ~ST QU~TER (1/4) OF THE NORTH. E=AST QU~TER (1/4) OF SECTION lB, TOWNShiP 49 SO~H, ~ANGE 26 FJLST,- COLLIER COUNTY., FLORIDA; CONTAiNiNG 6,600 SQUAJLE FEET, MORE OR LESS. Q. GR.~_DY MINOR & ASSOCIATES, P.A. s TOM CZ-.-EP~'ESKY >'( ~ S.M .~5426 STATE- OF FLOKi'DA (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor.com 3800 Via Del Rey Bonit~ Springs, Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR. P.E. _ C. DEAN SMFI'H. P.~ ,VID W. ~,.?IMI'I'T, DELAT"-- P.E. CivLl Engineers ' Land Surveyors ' Planners D. WAYNE AFJqOLD, A.I.C_P. ROBERT W. THINRFES, A.I,C.P. ERIC V. SANDOVAL P.S.M. THOMAS C-fERN'S, P-~.M. ALAN V. il'I ~. cc~m~-u~ corrs-n'., A PORTION OF: ~IN':0000000287000001 STR~L~: 492618 022.0004B18 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement PROJECT PARCEL FOLIO LEGAL DESC2IPTION W~iIPPOORW'/LL (SKETCH B-!807) T:{E WEST 40 FEET OF THE SOUTHWEST QUARTER QU.~2TER (1/4) OF SECTION 18, TOWNSHIP 49 COLLIER COL'NTf FLORIDA; CONT.._NiNG 52,815 LESS. (1/4) OF THE NOR!T.*EAST SOUTH, R~_NGE 26 E~_ST, SQUARE FEET, MOP~E OR Q. GR3%DY MINOR & ASSOCIATES, P.A. TOM , P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rev · Bonitn Springs. Florida 34134 Q. GRAbY MINOR. MARK W. MINOR, P.~ --C. DEAN 5MI'T'~. P.E. 'AVID W. ~M~, P.~ ~I~A~ J. D~ P.~ ~" Civil Engineers Land Surveyors Planners COLLIER COUNTY., A. PORTiON OF: FIN:0000000287000001 STRA~=: 492618 022.0004B18I. O. WAYN~ AmmOS, Aa.C?. ~O S ~-"~ W. 'rH~N~, Aa.C?. ~mC V. SANDOV^L A~ v. R~~ PROJECT PARCEL , , FOLIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-1807-A) %q.~.~ EAST !0 FEET OF THE WEST 50 FEET OF TZ~.~ SOUTi..-.-w-EST QUARTER (1/4) OF TZ-.~ NORT'.-iEAST QU~_~TER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, R_~_NGE 2= -i_~T, COLLIER CO~-NTY, FLORIDA; ~o~m-r~rNG 13 200 SQUA.R.E FEET, MOP~ OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. TOM P.S.M. ~5426 STATE OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Mail: engineeringi~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · ! ~nd Surveyors · Planners Q. GRADY MINOR, P.~ MARK W. MINOR. P.E. - C_ DE, KN 5'MIT'r{, P.E. ~VID W. ~'HIvlLTT, P.L i. IDELAT=_ P.E. I A' ~OR%ION' : OF: il". ~rN-~, 00.00:00-02 a?z20004 [{ .S. TR.A.P'.:. '4'92.61.8 025. 0004B18 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWILL (SKETCH B-1807) D. WAYNE ARNOLD, A.LC_P. ROBERT W. THINNES. A.I.C.?. ERIC V. SANDOVAL PS.M. THOMAS CH:ERNSt. P.S.M. ALAN V. R~AN, PROJECT (~,cr~c/. _ Pa C L ! Ic/. - FOLIO ('D~'7 ;9ooo~_ ~{E WEST 40 FEET OF ~qE NORthWEST QUARTER (1/4) QOLARTER (!/4) OF ~'E SOUTi~=__AST QUARTER (1/4) TOWNSHIP 49 SOUTZ4, RANGE 2~ E2AST, COLLIER CONTAiNiNG 26,408 SQUARE FEET, MORE OR'LESS. Q. G~Y MINOR & ASSOCIATES, P.A. TOM.. CZ-'.ER_NESKY F P.S.M. STATE ~5426 OF FLORIDA OF Tl-.r~. NORT~-~_ST OF SECTION !8, COUNTY., FLORIDA; 10G ..i 9,[7-1144 · FAX {941) 947-0375 · E-Mail: QGMA@aol.com 2800 Via Del Rev · Bonita Springs, Flor/da 34134 Q. GI'(ADY MINOR, P?-- MARK W. MINOR, P.E. C DEAN SMITH, P.E. -'~AVID W. S,_~-FMITT, ?.-'-- ,IC14AEL J. DE't. AT-r_ P.E. C. ivflEngineers l~ndSurveyors Plarmers ~ ~ORT[C~! 0~:.."' ~l~:000000.0287120004 ~'1"1~.~: 492~1'802~.0004~18 D. WAYNE ARNOLD, A.I.C_?. R©BEKT W. Tt'I"INNES, A.LC.P. ERIC V. SANE)OVAL P-~.M. THOMAS CHE~ ALAN V. PROJECT PARCEL_ ¢ I~_ .... FOLIO /'~r~-2 ~-'-I LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT Wi!iPPOORWZLL LA~E (Sk~TCCq B-!807-A) ~-.~ '.EAST !0 Fi. ET OF T!'.~ST 50 FEET OF TEE NOR~'E-ST QUARTER (!/4) OF T!'.iE NOR~W'EST QUARTER (1/4) OF T!-.iE SOUT'~iEAST QUARTER (!/4) OF SECTION !8, TOWNSE!? 49 SOLrlZq, ~GE. 26 r_33T, COLLIER CO5-NTY, FLORIDA; CONTXINiNG 6,600 SQUA.R.E FEET, MORE OR LESS. Q. Giq. ADY MINOR & ~3SOCIATES, P.A. .., P.S.M. ~542~ STATE OF FLORIDA 10G i (941) g47-1144 FAX (941) 947-0375 E-Marl: enDkneerin~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34~34 (2. GRADY MINOR. ?.;- MARK W. MINOR, )EAN SM l'~'1-t W. ~MMITT, ?.F, J. DELATE, P.=-- Civil Engineers · Land Surveyors ' Planners A:: 'POK]iION:' OF: . P!!~:.0:000000186!10005 STRA~..-'4D2618 OOH. 0'004B18' Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWILL LA_NE (SKETCH B-!807) D. WAYNE ARNOLD, A.I.C.P. ROBEKI W. TH/NNFS, A.i.C.P. ERIC V. SANDOVAL. P-~.M. THOMAS CHERNE~k'y, P.S.M. ALAN V. RC~'-~5~AN · PRO4ECT F~,K'Y'~=~ PARCEL t l ~ FOLIO 0o~ ~,&, ~XOO9.~ .wq. qE WEST 40 FEET OF Tb..~ NORTiq bL~_LF (1/2) OF THE- SOUTH H.~_LF THE NOR.~7.q'~-ST QUARTER ( 1/4 ) OF THE SOUTh. ~-EAST QUARTER SECTION !8, TO~'NSHiP 49 SOU'ITH, R.~_NGE 26 EAST, COLLIER FLORIDA; CONTAiNiNG 13,204 SQUARE FEET,' MORE OR LESS. Q. G~a~Y MINOR & ASSOCIATES, P.A. (!/2) OF (!/4) COUNTY_., TOM C7.-.~R/~'ESKY F P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonito Springs. Florida 34134 Q. GRADY MINOR. MARK W. MINOR, P.~- - C. DEAN SMITH, P.~ )AVID W. 5C2-fMITT, MICr{A:'7-J. D~_AT~ P.~ Q. GRADY MINOR & ASSOCIATES, P.A. CivflEngineers Land Surveyors Planners iN COLLi-iiR PORTION ~ PIN:0000000286!20005 { STRAP: 492618 005.0004B18, D. WAYNE ARNOLD, A.I.C_p. aO~ERT w. THINN'~, a~'/RIC V. SANDOVAL. THOMAS CFI-=RN~K'y. ALAN V. R~AN PROJECT_ PARCEL (.,~ t ~',j - LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WiIIPPOORWILL LANE (Sk~TCH B-!807-A} THE EAST !0 FEET OF Ti.-.'E WEST 50 FEET OF NORT}{ SOO'TH i~_~_Lr.F (!/2) OF Ti-.'E NORTi.-.'W-EST QU~-RTER (1/4) OF T!-..'E SOi/T:-.'-~T QU3_qTER (!/4) OF SECTION !fl, TOWNSHIP 49 SOUTH, R.~NGE 26 mAST, COLLIER COUNTY, FLORIDA; CONTAiNiNG 3,300 SQUARE FEET, MORE OR LESS. Q. GiLn. DY MINOR & ASSOCIATES, P.A. 'TOM Ci-~. PdN-E S KY , P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Mail: engineeringa~gradyminor.com 3800 Via Del Rey Bonita Springs. Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR. P.E. C. DF, AN SMITH, P.E. w..SCHMITT. P.F_ DELAT~ P.E. Q. GILADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners J-'.;' ~IN':.0'000'0.0.02880400'02 [.'::'STR, AZ:S'~.': 49~Z~1~' 046,0004B18 D. WAYNE ARNOLD, A.i.C_P. ROBERT W. TH~NN~, A. LC_P. EIRIC V. SANDOVAL, P-~.M. THOMA~ CHERNESKY, P-S.M. ALAN V. RID~AN, PROOECT ../_.CY'>~LL. PARCEL ] I(z~ ' FOLIO FEE SIMPLE INTEREST LEGAL DESCRIPTION W~IiPPOORWZLL LANE (SKETC~ B-1807) ~.'E W-EST 40 FEET 0F T~E.= SOU/q~ ~F (1/2) OF T~.~ SOUTH EALF (1/2) OF ~-.-E NCR~ST QUARTER (1/4) OF ~.'E SOUTi.~EAST QU~TER (!/4) OF SECTION !~, TOWNSHIP 49 SOiT!'i..~, RANGE 2G ~AST, COLLIER COU1Ti'Y, FLORIDA; CONTAiNiNG 13,204 SQUARE FEET, MORE OR LESS. Q · GR_n~Dy MINOR & .ASSOCIATES, P . A. TOM.. C!-.T=RNE_StCY_ ? , P.S.M. ~5426 STATE OF FLORIDA F: S~"RVaI°%WW. ~ (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aoLcom 3800 Via Del Rev · Rnni~n Q. GRA-DY MINOR, P.~ MARK W. MINOR, C, DEAN ~ ")AVID W..S,,..,~-i~zIITT, P.E.. .~ICHAEL J. DEI.A'i'~ ~2. ~l~i~ X iVlliNUK ~ A~t3(CIA'FE$, P.A. Civil Engineers !~nd Surveyors Planners · A' i~oR'rION' .. OF: PIN': 00:0000:02.88040002 'STRA~':. 4g'Z6:18 ' 046:. 0004B18 D. WAYNE ARNOLD, A. LC.P. ROBERT W. THINNE~, A.I. ER/C V. SANIX2VAL THOMAS CH:ERN~K'y ALAN V. R~AN' PROJECT_ PARCEL.. /~ IL~ FOLIO 0h LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LARE (SKETCH B-!807-A) ~'.~ EAST !0 FEET OF T~.~ WEST 50 FEET OF ~E- SOU/iq i~n~F (1/2) OF ~qE SOU/iq :~n~F (1/2) OF TAT NOR~-WEST QU~TER (1/4) OF ~ SCD~H~T QUOTER (1/4) OF SECTION 18, TOWnShiP' 49 SO.H, ~GE 26 ~.ST, COLLIER CO~, FLORIDA; CO~AINiNG 3,300 SQU~ FEET, MORE OR LESS. Q. GPJtDY MINOR & ASSOCIATES, P.A. , P.S.M. #5426 STATE OF FLORIDA 10G F: ~URV~Y\WW. ~ (941) 947-1144 FAX (941) 947-0375 E-~,lail: engineering~gradymm~r.~co 3800 Via De[ Rey Bonita Springs, Florida 34134 Q. GRADY MINOR, P.F- MARK W. MINOR. ?.~ C. DEAN $'MITH, ?.E. w. SCHMrI~. DELA'i--m P.=-- Civil Engineers · L~nd Surveyors · Planners ,.:iA.i'P0~TZO~ OF.: . . " i'ilaIl'l:.0'0Q'0'0.~028'61g0007.' .-;. Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint Easement LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-!807) D. WAYNE ARNOLD, A.I.C_P. ROBERT W. THINNES, A.i.C.P. ERIC V. SANDOVAL P$.M. THOMAS CHERNESICy, P-~.M. ALAN V. ROS-~4AN PROdECT PARCEL FOL IO ,'2o ;:),~L~, I~ OCY. T] ~-~ W~ST 40 FEET OF ~ NORTH. HALF (1/2) OF T~.~ SOUTR-WEST QU~TER (1/4) OF ~-.-E- SOUT~.~T QQL~TER (1/4) OF SECTION !8, TOWNSHIP 49 SOUTH, RA/~GE 26 EAST, COLLIER COU1TTY, FLORIDA; CON-TAiNiNG 26,408 SQUARE FEET, MO~E OR LESS. Q. GR~Y MINOR & ASSOCIATES, P.A. P.S.M. #5426 STATE OF FLORIDA 10G '( F: S'~'RVEY\ wW. LLS (94"1) 947-1144 · FAX (941) 947-0375 · E-Marl: QGMA@aoLcom 3800 Via De[ Rev · 5onitn Springs. Florida 34134 Civil Engineers Land Surveyors Planners Q. GRADY MINOR. P.~ MARK W. MINOR, P.E. C. DEAN DMI'I'H, P.~ _ DAVID W. ,5(ZH~I'Fr, P.~ MI~-LAam_ J. DEI.~ p.~ D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNE~, EF, IC V. SANDOVAL. THOMAS ~N'E5 K'y, ALAN V. PRO,3ECT PARCEL FOL I 0 LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-!807-A) Ti~-E EAST !0 FEET OF T!-.iE WEST 50 FEET OF TI-~ NOR77q i~_~F (1/2) OF SOUT~.~ST QU~TER (1/4) OF -~E SOUT!-.~_AST QUARTER (1/4) OF SECTION iS, TOWNSHIP 49 SOU/iq, RANGE 26 =--AST,. COLLIER COUNTY, r--LORiDA; CONTAiNiNG 6,600 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. TOM Ci.-_~.R/~ESKY ~ , P.S.M. #5426 STATE, OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~Dgrad,vnzinor, com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR. MARK W. MINOR. P.E. C. DEAN SMITH. P.=_ kVlD W. 5..-HMI'I-L P:E. DELA'I--~ P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners -'ACPORTION.' OF: '(PLAT' HOOK 14, '4~4 ~4D } D. WAYNE ARNOLD, A.I.C.P. ROBERT W. TH~NNES, A.i. CP. ~uc v. SANDOV^L ?~M. THOMAS ~~. PS.M. A~ V. R~AN PARCEL, 1)~ FOLIO d~c~ ~ c~} FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-!807) ~-----.' WEST 10 FEET OF LOT ! AS SHOWN ON ~ PLAT OF NAPLES Pr--~-MV~D UNiT D-LZFELOP~, AS RECORDED ZN PLAT BOOK 14 AT PAGES 44 A_ND 45 OF ~-.'E PUBLIC RECOR/DS OF COLLIER COUNTY_, FLORIDA; CONTAiNiNG 2,250 SQUARE FEET, MORE OR LESS. c- oY Mi oR ASSOC ' TES, S i 3-/F TOM Ci--.~R/~'ESK-f Q D.S M. ~5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Maih QGMA.@aol.com 3800 Via Del Rey · Bonita Sprm~;s. Florida 34134 Q. GI:~DY MINOR. P.~ MARK W. MINOR. P.E. C. DE. AN SMITH, P.E. --'3AVID W. S(::::H~, P.E. IIC!-LI~ I. D~AT~ p.~ Q. GILA. DY MINOR & ASSOCIATES, P.A. Civil Engineers Land Sua'veyors Planners [ '~:' PORTION: OF:: '. :.. :.i"i: [: .T.,O~'. 2:';!- {~F,,AT.': BOOK: '14-,. - ~;'PAG"EIS'"%4~45).:" "' ..;' ii:ii.: ..." ~: ;. D. WAYNE ARNOLD, A.I.C_P. ROBERT W. EPJC V, SANDOVAI.. ALAN V. R~AN' PROJECT. PARCEL FOLIO LEC, A.L DESCRIPTION PERPETUAL, NON-EXCAUSIVE'"SLOPE'EASEMENT W-~Z~POORWILL LA_N'E (SKET~ B-!807-A) ~-.'E EAST 10 FEET OF ~ WEST 20 FEET OF'LOT 1 AS SHOWN ON ~-_~ ?.-AT OF N~3LES P~kZA PLANNED UNiT DE~-LOPMENT, AS R~CORDED iN PLAT BOOK 14 AT PAGES 44 AND 45 OF ~ PURLiC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAiNiNG 2,250 SQUARE FEET, MORE OR LESS. Q. G~ADY MINOR & ASSOCIATES, P.A. P.S.M. #5425 STATE- OF FLORIDA 10G (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~igrad.v~ninor.com 3800 Via Del Rey Bonito Springs, Florida 34134 Civil Enginee:$ · Land Surveyors ' Planmers Q. GR~DY MINOR. P.E. MAR]( WV. MINOR, P.E. - C_ DEAN sMrI'rL P.E. S~-LM ITT, P.E. Il). WAYNE ARNOLD, A. LC.P. ROISERT W. THINN~"~, A.I.C.P. ERIC V. SANDOVAI, PS.M. THOMAS CHERNESL~, P~.M. ALAN V. R~AN' PROJECT PARCEL FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (St{~TC~ B-1807) T~.~ WEST 10 i~EET OF TRACT "A" AS SHOWN ON T:-~ PLAT OF NA3LES PLAZA PL~d4~IED UNIT DEVELOPS, AS RECOR2DED iN PLAT BOOK 14 AT PAGES 44 A_ND 45 OF Tb~ Pb~LIC RzECORDS OF COLLIER COUNTY., FLORIDA; CONTAiNiNG 500 SQUA.~E i~EET, MOPE OR LESS. S:G:,,-ED P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs. Florida 34134 Q. GI'O%IDY MINOR. P.F- MARK W. MINOR, P.E. _ C- DEAN ~-MIT~ P.;_ ';AVID W. SCH]vflTT, ~ICHA~ J. DELA'rE. P.E. ,~. ~..~, x ;v~.u.~Ul~. 6~: 2%.~UC. IAI'P/~, P.A. Civil Engineers Land Surveyors PIanners E×HII1BFT O. WAYNE ARNOLD, A. LC_P. ROBERT W. ERIC V. SANDOVAL. AL~q v. PROOECT f~ Oo, Sc.~ PARCEL _ FOL IO 5~OF'~C) LI CF'y? LEGAL DESCRIPTION PERPETUAL, NON--~)~LD~VE. SAOPE' EASEMENT WHIPPOORWILL LANE (SKETCH B-!807-A) T:'.~ ".EAST 10 FEET OF TR~ WEST 20 FEET OF TRACT "A" AS SHOWN ON T:~_E PL~.T OF N~_~LES Pr.2%ZA PLANNED UNIT DEVELOP ~MENT, AS RECORDED iN PLAT BOOK !4 AT PAGES 44 AND 45 OF THE PUBLIC RECORDS OF COLLIER COLrNTY, FLORIDA; CONTAiNiNG 500 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. TOM , P.S.M. #542E STATE. OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Matk engineering~gradym/nor.com 3800 Via Del Rey Bon/ta Springs, F~or4da 54154 Q. C~RADY MINOR. MARK W. MINOR. P.E. {AEAN sMrI'H. P.E. J. DE~TF_ P.E. ~ti. AiJ¥ Mti~OF, & ASSOCIATES, P.A. Civil Engineers ' Land Surveyors · Planners D. WAYNE ARNOLD, A.I.C_P. ROBI~:~' W. T"r{INNE~, A.I.C.P. ERIC V. SANDOVA[, THOMAS (n-{ERNE~IC~, A/AN V. ROS'"~AN · PROOECT PARCEL FOLIO FEE SIMPLE INTEREST LEC~LL DESCRIPTION WHIPPOORWILL LAAV~ (SKETCZq B-!807) ~ WEST !0 FEET OF TRJkCT "1" AS SHOWN ON THE PL~T OF NA_DT.~S PT_j~ZA P~D UNIT D~LOPMENT, AS RECORDED iN PLAT BOOK 14 .AT PAGES 44 AND 45 OF~-~- PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAiNiNG 2,352 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. TOM ~-.~R/~E-SKY. ~ , P.S.M. #5426 STATE OF FLORIDA 10G (941) 947-1144 · FAX (94'1) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs. Florida 34134 Q, GRAD¥ MINOR. P.E.. MARK W. MINOR. P.E. C. DEAN SMITI-L ~.E. "AVIg W. S,~-IMITT, ?.~: .flCf4.AEL J. DELAT~_ P.E. Q. C41~A. DY NIlLNIDK ,~ A~SC)CIAI ~b, P.A. Civil Engineers t~nd Surveyors Flanners LEGAL DESCRIPTION PERPETUAL~_NON-EXCLUSIVE_SLgPE EASEMENT . . - WHIPPOORWi~ LANE (SKETCH B-!807-A) T'='E EAST 10 FEET OF ?.~E WEST 20 FEET OF TRACT "1" AS SHOWN ON TF.-~'~ ?.--AT OF NA-:LES PLAZA PLANArED UNIT DE~;ELOPM~XIT, AS RECORDED IN PLAT BOOK 14 AT PAGES 44 AND 45 OF T~.-E PUBLIC' RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 2,352 SQUAILE FEET, MORE OR !~ESS. Q. GP_~_Dy MINOR & ASSOCIATES, P.A. ~. D S M. ~542~ 'TOM ~qEP_N~_SKY-'t STATE OF FLORIDA (941) 947-1144 FAX (942) 947-0375 E-Maik enginee, ring~gradyminor.com 3800 Via De[ Rey Bonita Springs, Florida 34134 RESOLUTION NO. 2000 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR PURCHASE OF FEE SIMPLE TITLE INTERESTS AND/OR PERPETUAL, NON- EXCLUSIVE ROAD KIGHT-OF-WAY, SIDEWALK, UTILITY, DKAINAGE, SLOPE AND MAINTENANCE INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS FOR WHIPPOORWILL LANE PROJECT BETWEEI~ PINE RIDGE ROAD TO A POINT ONE MILE SOUTH, BEING THE INTERSECTION OF THE FUTURE EAST/WEST CONNECTOR ROAD CONNECTING TO LIVINGSTON ROAD (PPL~E 0. tOG -Page 1- WHER.EAS, on January 11,2000, Item g(a)(3), the Board of County Commissioners (Board), approve= a proposal to prepare regulations to insure that properties in North Naples (Sections 1 g and 19, Township 49 South, Range 26 East) b: developed in a coordinate= manner with regard to public roads, storm dminag:, water and sewer utilities; and WHEREAS, preliminary staff analysis indi:ates that an additional five hun&e= (500) dwelling units utilizing Whippoorwill Lane for acc:ss will cause significant operational difficulties at th= future signalized intersections with Pin: Ridge Road; and ~rI-IEREAS, Whippoorwill Lane is needed as a public road and this public road will provide a valid public benefit; and 9,rHEREAS, on March 14, 2000, Item 12(b)(3) and 12Co)(4), the Board of County Commissioners were petitioned by Develope~ within the V,~.ippoorwill Lane area to approve the required infrastrucvare for the construction of Whippoorwill Lane and staffwas directed by the Board of County Commission=rs to pursue th= inclusion of th= Whippoorwill Lan= Proj~t into th= Capital Improvement Element of the Growlh Management Plan, initiate the acquisition of the required land interests, and to expe=it: the advancement of construction of Whippoorwill Lane; and WHEREAS, alternate locations, environmental fa:tom, long range planning, cost variables, concurrence, safety and welfare considerations have been reviewed as they relate to the implementation of said transportation improvements; and it has been rccommcnde= by County Staff that it is necessary and in thc best interest of Collier County, Florida, to maintain flexibility over the acquisition of property rights require= for thc conslraction of the Whippoorwill Lane Project between Pine Ridge Road to a point one mile south being thc intersection of thc future castdwcst connector road connecting to Livingston Road (Phase I), hereinafter referred'to as "Project" as identified on Exhibit "A" attached hereto and incorporated herein by refer:nc=; and [.. _ _ ~,. r-'- V~rHEREAS, the design and consu-uctic~n of said transportation improvements and related facilities have been determined by the Board to be necessary and in the best interest of Collier County; and WHEREAS, the construction of the transportation improvements and related facilities contemplate'd by the Project are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has cor~idered the environmental factors, safety f~tors and fiscal considerations relating to the final adopted location of the transportation improvements and related facilities. 2. The fee simple title interests and/or perpetual, non-exclusive road fight-of-way, sidewalk, utility, drainage, slope and maintenance interests by easgment identified on Exhibit "A" ~re the most feasible locations, both necessary and consistent with the project requirements, in order to permit the conszruction and maintenance of the transportation improvements and related facilities for the Whippoorwill Lane Project between Pine Ridge Road to a point one mile south being the inte~ection of the future east/west connector road connecting to Livingston Road (Ph,~e I). 3. The Board ha~ determined that the ¢onsu'uction and maintenance of the Whippoorwill Lane transportation improvements and related facilities are necessary for a public purpose and is in the best interest of Collier County. 4. The constru'ction and maintenance of the transportation improvement~ and related facilities are compat~le with the long range planning goals and objectives of the Growth Management Plan for Collier County. 5. It is nece.~ary and in the be~t interest of Collier County for the Board to acquire the fee simple title interests and/or or perpetual, non-exclusive road right-of-way, sidewalk, utility, drainage, slope and maintenance inter,ts by easement identified in Exhibit "A"; and County Staffis hereby authorized and directed to acquire by gift or purchase the perpetual, non-exclusive, fee simple title interests and/or or perpetual, non-exclusive road fight-of-way, sidewalk, utility, drainage, slope and maintenance interests by easement on the propenS, identified in Exhibit "A". 6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with the appraisal finn(s) selected from the Iisi of firms pre-qualified by the Board of Count~,,Comr~i~sioner~. .,- .... · ,.- The Board further directs staff to use appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of'the Project in a timely and cost-effective manner. ?. The Board, in accordance with the provisions of Section 125.355, Florida Slatules, hereby formally waives the requirement for a formal, independent appraisal report for the purchase of a property where the purchase price of the parcel (the compensation due to the property owner) is tess than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independen! appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate markeI value and cost data p~inent to the subject parcels. 8. Upon the approval by the County Attorney's Offic~ of all documents necessary for the subject property acquisition, R~I Property Management Deparunent staff is hereby directed to o fief immediate delivery to the respective property owners of the full compensation (as established by the appraisal or staff compensation estimates in .accordance with the provisions of S ection 125.355, Florida Statutes), in return for the immediate and proper execution of the respective easements, or deeds and such other legal documents and/or affidavits as the County Attom~s Office deems appropriate in order to protect the interesU of the County; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute an)' instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required for the fee simple title. 9. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Director of the Transportation Engineering and Utilities Department, or his designee, is charged with the responsibility for completion of various capital improvement projects, and is hereby d¢legat~l the authority to approve the purchase of land interests above the staff cornp~nsation ~timate or apprais~ value and pay normally relat~ costs when it is in the best interest of the Project, within thc pro-rata sham of the land fights acquisition budget for thc parcel being acquired, only when the difference between the purchase price and compensation ~stimate or appraised value is less than Twenty-Five Thousand and 00/100 Dollars ($25,000.00) or the current purchasing limits established by the Collier County Purchasing Department; provid~i, Project funding is available. 10. That thc settlement approval authoriPy is delegated by thc Board to thc extent that such approvals do not conflict with thc provisions of Section 125.355, Florida Statutes. 11. Thc Chairman ofthc Board is hereby authorized to execute Easement AgrccmcnL~ and Purchase Agreements where thc land owner has agreed to sell thc required land rights to thc County at its appraised' value or at that amount considered thc "Administrative Settlement Amount" as such term is internally ~cd by thc administrative agencies of Collier County. 12. Where the property owner agree% by sworn affidavit or agreement ('Purchase Agreement' or "Easement Agreement"), to convey a necessary interest in real property to thc County, and upon thc proper execution by thc property owner of those cascmc'nts or fcc simple title, and such other lc§al documents as thc Ofi%c of thc County Attorney may require, thc Board hereby authorizes thc Finance Department to issue warrants, payable to thc property owner(s) of'record, in those amoun~ as shall bc specified on a closing statement and which shall bc based upon thc appraisal or staffcompcnsation estimate in accordance with this Resolution and thc provisions of Section 125.355, Florida Statutes. 13. All title to properties or interests in properties which have been obtained in thc manner dcscribM above shall be deemed "accepted" by thc Board of County Commissioner% as thc governing body of Collier County, Florida, a polilical subdivision of thc State o'fFlorida, and as such, scarf is hereby authorized to record in thc Public Records of Collier County, Florida, said casements or fcc simple title and such other instruments as may be required to remove thc lien of any encumbrance bom th--. a~quircd properties. 14. This Resolution supercedes Resolution 2000-113 approved by thc Board of Courts' Commissionc~ on May 23, 2000, Item 16(b)(22). TI-RS R.ESOLUTION ADOPTED on this/~Cday of ~ ~-~-/, 2000, aRcr motion, second and majority vote. .-' - ,, .- ' ......',.l'.,'. -.. %. '. ..' -:-. ATT~ .T..:'~,: r= % ' : · .. · -.:,.:/-.~,,t.7' i · :. r" .'~ "c., ,' ~'L';~-"" '~ "-:;,.'.'~..-~ ~' .-:. ~/, -"-. .... Atll:~fit 'as to Chat~an'$ sJgnatur'e onl$, Approved as to form and legal su£ficicn~: # ~eidi ~. ,~shton Assistant County Attorney BOARD OF COUNTY COM/v[ISSION~ OF COLLIER COUNTY, FLOR/DA By: ~ ~ James D. ~rte~, Ph.D., CHAIRMAN -PaD~ 4- Q. GRADY MINOR. P.-2. MARK W. MINOR, P.E. - C. DEAN SMITH, )AVID W. SCHMITT, P.E. [ICHAEL J. DELATE, D. WAYNE ARNOLD, A. LCP. ROBERT W. THINNES, A.I.C.P. EF, IC V. SANDOVAL P-~.M. THOMAS CHERNESK'Y, P-S.M. ALAN V. ROb--~MAN iN COLLIER COUNTY, A PORTION OF: PIN: 0000000286800008 STRAP: 492618 017.0004B!8 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint Easement II LEGAL DESCRIPTION W'~IPPOORW'/LL (SKETCH B-!807) PROOECT PARCEL FOE IO rqq THE -.EAST 40 FEET OF THE NORTH blALF (!/2) OF THE SOUTHEAST QUA_RTER (1/4) OF THE SOUTHWEST QUD~TER (1/4) OF SECTION 1~, TOWNSHIP 49 SOl/TH, ~LNGE 2~ EAST, COLLIER COUNTY, FLORIDA; CONTAINING 25,408 SQUARE FEET, MORE OR LESS. Q. GR_'-,_DY MINOR & .ASSOCIATES, P.A. ~ o SM TOM CHEP,_N'ES KY{ STATE #5426 OF FLORIDA 108 F; SURVEY\ ~W. LL.~ (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aoLcom 3800 Via Del Rey · Bonita Springs, Florida 34134 Civil Engineers Land Surveyors Planners IF'N COLLIER COUNTY, Ii ~ PORTION OF: I~ PIN:. 0000000286800008 STP. AP: 492618 017.0004B18 ID. WAYNE ARNOLD, A.LC_P. ROBERT W. Th'INNE.5, A.i.C.P. ERIC V. THOMAS CHERN-=SK"Y, P.S.M. Al.AN V. R~N PROJECT (_o CZZ5t) PARCEL FOLIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-1807-A) T~E WEST !0 FEET OF ~qE E3%ST 50 FEET OF Th~ NORTH l<~iF (!/2) OF ~-.'E SOL~HEAST QU~_RTER (1/4) OF ~qE SOUTHWEST QUL~RTER (1/4) OF SECTION 13, TOWnSHiP 49 SOUTH, ~NGE 2G EAST, COLLIER COUNTY, FLORIDA; CONTAiNiNG 6,600 SQUA_R-E FEET, MORE OR LESS. MINOR & ASSOCIATES, P.A. o S.M. ~m_26 STATE OF FLORIDA 10G F: SGRVEY\ ~'~ - (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GI'C&DY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR. P.=-- MARK W. MINOR. P.E. SMITH. P.E. ) w. ~CHMITT, I. DELATE. P.~ D. WAYNE ARNOLD, A.LC.P. ROBEET W. THINNFE5, A. LC.P. ERIC V. SANE)OVAL PS.M. THOMAS CI-~-RNESKY, P.S.M. ALAN V. ROS--aMAN · IN COLLIER COUNTY., A 9ORTiON OF: ~iN: 000000028'6360003 STR. A/:: 432618 021.0004B18 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement PROJECT PARCEL FOLIO CDA~9¢~oao_~ LEGAL DESCRIPTION WHIPPOORWILL (SKETCH B-t807) THE EkST 40 FEET OF Ti~.E EAST }:_ALF (1/2) OF 'I':F.E SOUTH'E_A.ST QUARTER (1/4) OF T:~E NORT~.?_3%ST QU~_RTER (!/4) OF THE SOUTi~-w~_ST QU.~_RTER OF SECTION !8, TOWNSHIP 49 SOUTH,' ~_~_NGE 26 EA. ST, COLLIER COUNTY, FLORIDA; CONTAiNiNG 26,408 SQUARE FEET; MORE OR LESS. Q. GR_-~,_DY MINOR & .ASSOCIATES, P.A. S i GATED ~ TOM C:-.'ERN'.SKY ( P.S .M. STATE #5426 OF FLORIDA 10G F: SURVEY\ Wa (941) 947-114-4 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GIL4 DY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners Q. GRADY MINOR. ?.F_ MARK W. MINOR. P.E. C. DEAN SMITH. P.E. DAVID W. 5C'PIMI'i'T, P.=_ MICHAEL J. DEI_A'I'F_ p.m_.. iN COLLIER COUNTY, I A PORTION OF: . ' · :PIN'i 0000000286960003 . .' STRAP: 492618 021.00048'18 D. WAYN~ ARNOLD, A.I.C_P. ROBERT W. T/-UNN~S. EPJC V. SANDOVAL p, ALAN V. R~AN PROOECT PARCEL FOLIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-!807-A) THE WEST 10 FEET OF THE ~AST 50 FEET OF ~-iE -EAST HALF (1/2) OF SOUTHEAST Q%LX~TER (1/4) OF Ti-rE NOR~qEAST QUARTER (1/4) OF SOUTi~-WEST QD~_qTER OF SECTION i8, TOWNSHIP 49 SOUTH, ~GE 26 T_AST, COLLIER COUNTY, FLORIDA; CONTAINING 6,600 SQUARE FEET, MORE OR LESS. Q. GR_=,_DY MINOR & ASSOCIATES, P.A. TOM G.~.~R/qESKY L ,., P.S.M. #5426 STATE OF FLORIDA F: SURVL-'Y\ WW. ~ (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~i}gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 otx~ z tv~x~OI{ & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR. P.E. MARK W. MINOR. P.~ C. DEAN SMITH, P.E. }DAVID W. SCHMITT, ?.g MICHAEL J. DELAT~, P.E. A PORTION OF: PIN'? 0000000286760009 STR3%P: 492618 016.0004818 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWiLL LANE (SKETCH B-1807) D. WAYNE ARNOLD, ROBEI'~T lA/. T'HINNF~. ERIC V. SANDOVAL, THOMAS ~RN~. P~.M. A~N V. PROOECT PARCEL.. FOLIO z'o THE EAST 40 FEET OF Ti-:'E NORTH FLALF (1/2) OF THE NORTHEAST QU:n. RTER (1/4) OF T:-.-E SOUT:-.-WEST QUARTER (1/4) OF SECTION !8, TOWNSHIP 49 SOU-fH, ~=.NGE 2~ EAST, COLLIER COUNTY, FLORIDA; CONTAiNiNG 26 ~08 SQUARE FEET, MORE OR LESS. '- Q. GR_5.DY MINOR & ASSOCIATES, p.A. s iC-NE_D , P.S.M. #5426 STATE OF FLORIDA F: SURVEY\WW. ~ 10G (941) 947-1144 · FAX (941) 947-0375 · E-IVlail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. - C. DEAN sMrrl-{, P.E. DAVID W. 5~.~,-{'Mlq-l', P.=-- MICHAEL J. DELA'i-F. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners iN COLLIER COUNTY, .A PORTION' OF: PI~: 0000000286760009 STRJt~:' 492618 016.0004B18 ~C D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNE5, ERIC v. SANDOVAL THOMAS CHERN~k"y, P.S.Sl. ALAN v. PROOECT_ 6 O0,~-L PARCEL i i m (~() ~ LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT W~IPPOORWTLL LANE (SKETCH B-1807-A) THE WEST !0 FEET OF THE =_.AST 50 FEET OF TiHE NORTH HALF (1/2) OF NORTHEAST QUARTER (!/4) OF :HE SOUTh-WEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, R_~_NGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAiNiNG 6,600 SQUARE FEET, MORE OR LESS.. Q. GRADY MINOR & ASSOCIATES, P.A. s i TOM Ci.-iE R1N'E S KY D S.M #5426 STATE OF FLORIDA 10G F: SURV'/:y\WW. LIS (941) 947-1'144 FAX (941) 947-0375 E-lvlail: engineering~Dgradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY NIINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, P.E. MARK W. MINOR. p.E. C. DEAN SMIT~-{. P.E. )AVID W. SCHMITT, P.E. MICHAEL J. D~I_A.'I-F. P.~ D. WAYNE ARNOLD, A.I.C.P. ROBEtK-'T W. THINNES, A.I.C.P. ERIC V. 5ANDOVAL P.$.M. THOMAS CHERNESKY, P~.M. ALAN V. ROS"EMAN. IN COLLIER COUNTY., A'PORTION OF: PIN: 0000000286480004 STRA~: 492618 0!2.0004B!8 P ROdE CT ~ OCL~ c~ PARCEL_ )0~ FOLIO _Fk~ ~ F~UT<c~%L Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWILL (SKETCH B-1807) THE EAST 40 FEET OF T~..~ SOUTi_H ~ALF (1/2) OF %{E SOUTheAST QbL~RTER (1/4) OF THE NORTi~W'EST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOU~H, P~ANGE 26 EAST, COLLIER COUNTY_, FLORIDA; CONTAiNiNG 26,408 SQUARE FEET, MORE OR LESS. Q. G~Y MINOR & A~SOCIATES, P.A. TOM Cl.-iEP_N-ESKY C P.S.M. STATE #5426 OF FLORIDA F: SWaVEY\ ww. LL~ 10G (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs. Florida 54134 ?Y MINOR. P.E. '. MINOR, P.E. SM irTH, P.~_ '. SCHM ~ITT, k J. D~-LATE, Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners iN COLLIER COUI~TY, A PORTION' OF: PiN: 0000000289480004 ,,,$TR,kP: 492~IB 012.0004B!$ D. WAYNE ARNOLD, A. LC_p, ROBERT W. THINN-F.S, A.I.r ERIC V. SANDOVAL P_S. THOMAS CHE-P, NESk~,, ALAN V, ROSEM^N PROJECT__~ PARCEL_ FOLIO LEGAL DESCRIPTION PERPETUAL. NON-EXCLUSiVE SLOPE W!!IPPOORWILL LANE EASEMENT (SKETCH B-!S07-A) WEST 10 FEET OF THE EAST SO FEET OF THE SOUTH -~LA. LF (1/2) OF TEE )L~Z-'HE-A~T QU~-RTER (1/4) OF THE NORT:-Z~-EST QUkRTER (1/4) OF SECTi©N TOW-nX~SHi? 49 SOUTH, P~-NGE 26 EAST, COL-,._,-_R COU'NTv, FLORIDA; .NT--.,N_'NG ~, SOO SQUARE FEET, MORE OR LESS. ' MINOR & ASSOCTAT=S m.A P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Marl: engineering"~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR. MARK W. MINOR. C. DEAN SMITH. DAVID W. SCHMITT. P.E. MICHA~--L J. Db'I_.kT-r., P.E. Q. GIL~DY MINOR & ASSOCIATES, P.A. Civil Engineers, Land Surveyors · Planners D. WAYNE ARNOLD, A.I.C_P. ROBERT W. THINN'ES, A,I.C.?. Ea~C V. SANDOVAL, P.S.M. THOMAS CHERNESK'y, PS.M. ALAN V. RC~"'~MA~ iN COLLIER COUNTY, A PORTION' OF: PIN: 0000000288160102 STR3%P: 492618 051.0004B18 PROOECT G (_Y3~ q PARCEL_ IOW FOLIO Z"D,~ ~,~-!6(') lr~ FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-iS07) THE -.EAST 40 FEET OF T:-.-E SOU77,4 i~.A~.F (1/2) OF %X--iE SOUTH i~_~LF (1/2) OF '-H-~ NOR=H :z_-.~ (1/2) OF TEE SOUTHEAST QUARTER (1/4) OF TKE NOR."/i.-.-~ST QUA_RTER (1/4) OF SECTION !8, TOWNSHIP 49 SOUTH, R_'-.NGE 2~ EAST; LESS T:'-_AT PARCEL DESCx,_~ED iN OFFiCiAL RECORDS BOOK 22S6 AT PAGES ~24-62G OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAiNiNG 2,400 SQUARE FEET, MORE OR LESS. Q. GR_~_DY MINOR & ASSOCIATES, P.A. TOM C~.-.EP_N~SKY [ , P.S.M. #5426 STATE OF FLORIDA (941) 94%1144 · FAX (941) 947-0375 · E-Maih QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GKADY MINOR. MARK W. MINOR, P.=- C_ DEAN SMITH, P.r-- DAVID W. SCHMrTT, P.F_ MICHAEL J. DELATE. P.F_ Q. GIL4~DY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners D. WAYNE ARA1OLD, A.I.CP. ROBERT W. TH, INN=S, A.' ERIC V. SANDOVAI_ ! THOMAS CH~RNESiCY, P~-M. ALAN V. ROb-Eh4AN IN COLLIER COUNTY., A PORTION OF: '' PiN:'0000000'288160102· STRJkP: 492618 051.0004B!8 PROJECT (..oOOS c~, PARCEL FOLIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSiVE SLOPE EASEMENT W~iiPPOORWILL LA_NE (SKETCH B-!807-A) THE WEST !0 FEET OF THE F~'-~ST 50 FEET OF THE SOUTH H-~.LF (1/2) OF .~.-.'E SOUTH Z~_Z_LF (i/2) OF TI-.-E NORTH .~L~_LF (1/2) OF THE SOIITHEA. ST QU-.~_RTER (1/4) OF THE NORTZ~-~-EST QUA_RTER (1/4) 'OF SECTION 18, TOWNSHIP 49 SOUTH, P3-JqGE 26 E_~.ST; LESS TbLAT PARCEL DESCRIBED iN OFFiCiA_L RECOP~DS BOOK 2286 AT PAGES 624-62~ OF THE PI/BLiC RECORDS OF COLLIER COb-NTY, FLORIDA; CONTAiNiNG 600 SQUARE FEET, MORE OR LESS. Q. G~Y MINOR & ASSOCIATES, P.A. CT-ZE P_NE S KY ( TOM P.S.M. #5426 STATE OF FLORIDA 10G '! F: SUaV'EY\ WW. ~ (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 ~_~i~.-x~, I iviiiNUI( 6z AbbO(--l-~l'kS, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, ?.r- MARK W. MINOR, P.E. C. DEAN SMITH. P.F_ DAVID W. 5CHMI ~'i'L P.=-- ~ICHAEL J. DELATE, ?.-'- D. WAYNE ARNOLD, A.I.C.p. ROBERT W. THINNES, A.1.C.p. ERIC V. SANDOVAI. P-~.M. THOMAS CHERNES1Cy. PS.M, Al-AN V. ROSEMAN A'.'PORTi.ON OF: FIN:' 0'000000286520003 STRAP: 492618-- 013.0004B18 PROJECT PARCEL FOLIO FEE SIMPLE INTEREST LEGAL DESCRIPTION W~iIPPOORWILL LANE (SKETCH B-!807) ~qE EAST 40 FEET OF ~AT PARCEL OF LAND LYING IN THE SOUTiq (!/2) OF THE SOUAi. H 5LALF (1/2) OF THE NOR~ F3LF (!/2) OF SOUT_HEA3T QU~TER (1/4) OF THE NORTi~ST QUARTER (1/4) OF SECTION 13, TOWnSHiP 49 SOLrii~.4, ~GE 2~ EA3T; SAiD PARCEL BEING MORE PA_qTiCQ~_~_KLY DESCRIBED iN OFFiCIA~ RECORDS BOOK 22~6 AT PAGES 624- ~2~ OF ~=H-E Pb~LIC RECORDS OF COLLIER COUNTY. , FLORIDA; CONTAINING 4,201 SQUARE FEET, MORE OR LESS. Q. G~Y MINOR & .ASSOCIATES, P.A. S Z GNED ~ TOM , P.S.M. #5426 STATE OF FLORIDA 10G (941) 947-114-4 · FAX (941) 947-0375 · E-Maik QGMA@aoLcom 3800 Via Del Rey · Bonita Springs. Florida 34134 Q. GR'ADY MINOR, P.E. MARK w. MINOR, - C. DEAN 5MITi-{, P.=-- DAVID W. 5CHM1TT, P.E. MIC~A~ J. DELAT~_ P.E. Q. GILA. DY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners iN COLLIER COUNTY, A PORTION OF: PIN: 0000000286520003 STRAP: 492618 013.0004B18 D. WAYNE ARNOLD, A. LC.P. ROBERT W. TH'INN'ES, A.I.C.P. ERIC V. SANDOVAI_ P.S ' THOMAS CHERNm..~k--y, p_fi, Al. AN V. R~AN, PROJECT PARCEL FOL I 0 LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT W'~IPPOORW!LL LAI4'E (SKETCH B-!B07-A) THE WEST !0 FEET OF 52.4E EAST 50 FEET OF TZ~AT PARCEL OF LA_ND LYING iN THE SOUTH =_'-~.LF (1/2) OF TZ-'_E SOL'TH ~L2.LF (i/2) OF THE NOR.TZq i~-~-LF (!/2) OF THE SOUT?.'EAST QU~_RTER (1/4) OF.THE NORTh-~-EST QU-~--RTER (1/4) OF SECTION 18, TOh-NSHiP 49 SOUTH, P~ANGE 26 -Z_AST; SAiD P.~_RCEL BEING MORE PA-qTiC~-~'--:~L'Y DESCRIBED iN OFFiCi~-L RECORDS BOOK 2286 AT PAGES 624 - 626 OF ~.~_E PU-BL I C RECORDS OF COLLi ER COU-NTY , FLORIDA; CONTAiNiNG !, 050 SQUARE FEET, MORE OR LESS. Q. G~2~Y MINOR & ASSOCIATES, P.A. TOM C~.'ER/~'ESK'Y ( P.S.M. #5426 STATE OF FLORIDA 10G F: SL'RV~y\WW. LLS (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GIL&DY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors - Planners Jo Q. GRADY MINOR. P.=_ MARK W. MINOR, C. DEAN SMITH, P.E. ')AVID W..S~I'-LMI ~--1', P.E. MICNAEL I- DELAT-m P.F_ !'i/~. COLLIER COUNTY., A-PORTiON OF: '.PIN:' 0000000286640006 STRAP: 492~!8 0!3.0034~18 PROOECT PARCEL_ FOLIO ry>q, lq ~. (y.~j FEE SIMPLE INTERST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-!807) THE EAST 40 FEET OF THE NOR~q :~F (!/2) OF THE SOUTH i~ALF (!/2) OF mu= NORTH u~ (7/2) OF ~= ,.~r"~ .... '- ' - ---- SOU=..mAST QLL~RTER (1/4) OF THE NORTi~WEST QLZLRTER (!/4) OF SECTION !8 TOWNSHIP 49 SOUTH, P~-NGE 2~ ~A-~CT COT.7 7Tm ~ ' v ' ....... ~Ob~_, = - OR LESS. -LORzDA; CONTAiNiNG 6,602 SQU~E FEET, MO~ Q. GR3LDY MINOR & .ASSOCIATES, P.A. S i GNED 3-/~-~ ~~-~' , -=. S.M. TOM Ci.--'EP~N-ESK-f_ ( STATE OF FLORIDA 10G F: SURvEy\ (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GR3kDY MINOR, P.E. MARK W. MINOR. P.E. - C. DEAN SMI'TH, P.:_ DAVID W. SCHMITT, P.E. MICHAEL J. DE!.ATE, P.F, Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners iN COLLIER COUNTY., A PORTION OF: PIN: 0000000286640006' STR3kP: 492618 0!3.0034B18 D. WAYNE ARNOLD. A. LC_?. ~o~=_~ tv. T'~N~'~, ^ ERIC V. SANDVAL k A~ v. R~N PROJECT_~~~ PARCEL_ FOLIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-1807-A) _Hr WEST 70 FEET OF T=-.-E EAST 50 FEET OF ~::-- NORTH FLALF (1/2) OF SOU'i'H ="~'r.-- (!/2) OF ~'~ ~-kL-~ OF ------ .~H.-. NORTH ._ _ ( 1/2 ) T:-:E SOi71q~-_EA_ST QD:"-_RTER (~/4) OF ._Hr NORT:-.-~-E_ST QUg_RTER (1/4) 'OF SECTION !8 TOWNSHIP 49 SOb'TH, P3-_NGE 26 -.EAST, COLLIER COU/WUTY, FLORIDA; CONTAiNiNG 1,650 SQUARE FEET, MORE OR LESS. Q. GR_~,_DY MINOR & ASSOCIATES, P.A. P.S.M. #542~ STATE OF FLORIDA 10G (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR. MARK W, mINOR. C. DEAN SMITH. DAVID W. SC:-INU'~', p.~ MICHAEL ;. DELATE, ?.--_ Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners ]1 A PORTION OF: II piN: 0000000286600004 ][STRAP: 492618 013.0024B18 FEE SIMPLE INTEREST LEGAL DESCRIPTION W~IIPPOORWILL LALIE (SKETCH B-1507) D. WAYNE ARNOLD, A. LC.p ROBERT W. THINNES, ..El.C_.? ERIC V. SANDOVAL, P-~.M TI-IOMAS Ci'[ERNESK'y, P.S.M ALAN V. R~AN PROOECT [~ OF.k~ q PARCEL ...... lOq FOL[O _67%~ oocc)i,d Ti-.'E EAST 40 FEET OF THE SOUTH F_~_=F (1/2) OF THE NORTH '~_~.LrF (1/2) OF THE NORTH F_~_L.F ( 1/2 ) OF T.qE SOUTHEA_ST Qb:A-RTER NORT:-.-~-EST QU-~RTER (1/4) OF SECTION · '~ - - ---, R_AN~:= 2~ ----'--ST COLLIER C0b-NTY._, FLORIDA; CONTAiNiNG 6 602 SQUARE FEET, MOR_E OR LESS. , Q. GP_AD¥ MINOR & -ASSOCIATES, P.A. P.S.M. #5426 STATE OF FLORIDA 10G F :$URVEY\WW __~ ~ (941) 947-1144 · FAX (941)947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR. MARK W. MINOR, P.E. C. DEAN SMI't'H, P.=_ DAVID W. SCHM ~Fi'T, P.E. MICr{Ak-'L J. DEI.AT'~_, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners A PORTION OF: PIN: 00000002,86600004 STRAP: 492618 013.0024B18 D. WAYNE ARNOLD, A.I.C_p. ROBERT W. TH/NINES, A.' ERIC V. SANDOVAL, THOMAS C}-IERN--=S!<y, A/AN V. RC~-~MA~I PROJECT_~ PARCEL_ FOL IO £~ p _ LEGAL DESCRIPTI N ERP~TUAL, NON_EXCLUSivEOsLoPE EASEMENT WEIIPPOORWILL LANE. (SKETCH B-!S07-A) THE WEST !0 FEET OF THE EAST 50 FEET OF -~iE SOUTH NORTH :-'_ALF (!/2) OF THE NORTH :~_'-r,F (!/2) OF THE SOUTHEAST QUA-RTER (1/4) OF Ti~E NORT.%-WEST QUARTER (1/4) 'OF SECTION !$, TOWNSHip 49 SOL'-~Ei~, .RANGE 26 F~ST, COLLIER COU-N/"f, FLORIDA; CONTAiNiNG 1, 650 SQUA_~E FEET, MORE OR LESS. Q. G~a~Y MINOR & ASSOCIATES, P.A. TOM Ci~ER_N'ESk-y ~ ~ S M #5a26 STATE OF FLORIDA 10G F: SURVEy\ W'a. ~ (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GILA. Dy MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners q. Gi~%.Dy MINOR, P.E. MARK W. MINOR. ?.E. C. DEAN 5M1T'~ P.-- DAVID W. 5CHML~', P.E. MICHA~_"L j. DELAT=_ A PORTION OF: PIN: 000000028'6560005 ]~STRA3: 492618 013.0014B18 D. WAYNE ARNOLD, A.I.C ROBERT W. T'HINNES, A.I.C ERIC V. SANDOVAI., p~.] THOMAS CHERNESK'y, ?.S.'I ALAN V. ROS-6MA PROJECT_(~ COSc~ PARCEL _ ) )© FOLIO ~ ~,~ ~ FEE SIMPLE INTEREST LEGAL DESCRIPTION W~IPPOORWiLL LA/TE (SKETCH B-1807) THE "-EAST 40 FEET OF _~_~.~ NORTH FL~.LF (1/2) OF THE NORTH ~ALF (7/2) OF THE ~ ~ _ .......... = (!/2) OF THE SOUTHEAST QUARTER (!/4) OF THE NOR~ST QUARTER (1/4) A_N-D THE EAST 40 FEET OF THE SOUTH 60 FEET OF THE EAST ~F (!/2) OF THE NORTHEAST Q5LARTER (1/4) OF NORTA-WEST QUARTER (1/4), ALL OF SECTION !~, TOWNSHIP 49 SOUTH, ?3~NGE 2~ EAST, COLLIER COUNTY, FLORIDA; CONTAINING 9,002 SQUARE FEET, MOPE OR LESS. Q. GRAVy MINOR & .ASSOCIATES, P.A. P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol. com 3800 Via Del Rey · Bonita Springs. Florida 34134 Q. GRADY MINOR. P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. S,..'-HMI'i-/', P.=_ MICHA~-L ]. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners iN COLLIER COUNTY.., A PORTION OF: PIN: 00000.00286560005 STRA~: 49'~618 0!3.0014B18 D. WAYNE ARNOLD, A.I.C ROBERT W. THINNES, ERIC V. SANDOVAI_. p.~ THOMAS CHERNESICy, P.S.M. ALAN V. PROJECT_ PARCEL FOL IO . LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT W~iiPPOORWILL LAh-E (SKETCH B-!E07-A) THE WEST I0 FEET OF THE ED. ST 50 FEET OF THE NORT}{ bLALF (1/2) OF NORT= :.:~r.~ (1/2) OF THE NORTH .~'_~r--F (1/2) OF T.~'~-. SOUTHEAST QUkRTER (!/4) OF ,Ti-.'E NORTA-~-EST QUA-RTER (!/4) ~_ND %q--iE WEST !0 FEET OF LAST 50 FEET OF THE SOUT~_.q 60 FEET OF TZ-.~ .~.~.ST i-LALF (1/2) OF NORTHE3.ST QO'ARTER (1/4) OF THE NORTHWEST QUARTER (1/4), Dr.L OF SECTION 18, TOWNSHIP 49 SOU/q-i, R_n. NGE 26 EAST, COLLIER COUNTY., FLORIDA; CONTAiNiNG 2,250 SQUARE FEET, MORE OR LESS. Q. GR_Z,.DY MINOR & _ASSOCIATES, P.A. TOM Ci~.'ER_N -.S KY ~ D S.M. #5426 STATE OF FLORIDA 10G F: SURVEY\WW. (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GR.ADY MINOR, P.E. MARK W. MINOR. P.=- C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.~ MICHAEl. J. DEl_ATE. P.E. D. WAYNE ARNOLD, A.I.C.F ROBEI'CF W. T'HINNES, A. LC.? ERIC V. SANDOVAL, P.S.M. THONIAS CHERNE_qK'y, P-$.M, ALAN V. ROS'-EMAN iN COLLIER COUNTY, A PORTION OF: PIN: 0000000287560004 STRAP: 492618 034.0004B!8 PROOECT PARCEL FOLIO FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-1807) THE -.EAST 40 FEET OF !T~E FAST -~LALF (1/2) OF ~'-'= ~T F._m_LF (1/2) OF ~HE NOR~.-.--t~ST QUARTER (!/4) OF THE NORT.~.'WEST QUARTER (1/4) OF SECTION i8, TOWNSHIP 49 SOUTH, R-kNGE 26 'FAST, COLLIER COUNTY, FLORIDA; LESS THE SOUTH 60 FEET PER OFFiCiAL RECOPdDS BOOK 1559, PAGE 14 A_ND LESS THE NORTi4 !S0' FOR THE PiNE RIDGE ROAD RiGHT-OF- ~:._, A_N,'D LESS T~.LAT PORTION OF ThE EAST 40 FEET AS DESCRIBED IN THAT CERTAIN ORDER OF TAKING PER OFFiCiA. L RECORD BOOK 2660 AT PAGES 3375 THROUGH 3383, CONTAiNiNG 27,614 SQUARE FEET, MORE OR LESS. Q. G.zL'-,.DY MINOR & ASSOCIATES, P.A.  , P.S.M. #5426 TOM STATE OF FLORIDA 10G (941) 947-1144 · FAX (941) 947-0375 · E-Mail: engineering~ii}gradyminor.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRAD¥ MINOR, P.E MARK W. MINOR. P.E C. DEAN SMI'FH, P.~ DAVID w. 5CHMI'i-/', P.F__ MICHAEL J. Dk-I_ATF., Q. G1L ,DY MINOR &: ASSOCIATES, P.A. Civil End.s..Land Surveyors Planners iN COLLIF. R COU1TI'Y, A PORTION OF: PIN: 0000000287560004 STR.A.P: 492618 034.0004B18 D. WAYNE ARNOLD, A.I.C_P. ROBEK-'T W. '['HINN'F_S, A.I.r- - ERIC V. SANDOVAL, THOMAS CHERNF. DK'-y, ALAN V. R~AN PROJECT_Fn PARCEL _ LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT W'HIPPOORW/:LL LA/CE (SKETCH B-!$07-A) THE WEST 10 FEET OF .'!S!E EAST 50 FEET OF THE 'CAST I43~.LF (1/2) OF THE EAST :~_ALF (1/2) OF THE NORTH --:. AST QUARTER (1/4) OF .Ti-iH NORL~:,.-v~-EST QU-'-3.TER (!/4) OF SECTION !8, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER CO~, FLORIDA; LESS T~.iE SOUTH 60 FEET PER OFFICIAL RECORDS BOOK 1559, PAGE 14 .:h~N'D LESS T.~.'E NORTH 150' FOR T'~-'~. Pii%-E RIDGE ROAD RiGHT-OF-WAY, .AND LESS TEAT PORTION OF ~ F2%ST 40 FEET ~S DESCRIBED iN T!~.L~T CERTAIN ORDER OF Th_KiNG PER OFFICIAL RECOP'.D BOOK 2660 AT PAGES 3375 T.qROUGH 3383, CONTAiNiNG !0 343 SQUARE FEET, MORE OR LESS. ' Q. G~Y MINOR & -ASSOCIATES, P.A. TOM CqERNESKYF D S M #5426 STATE OF FLORIDA 10G F: SURVEy\ ~,~. ~ (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~Dgradymknor.com 3800 Via Del Rey Bonita Springs, Florida 34134 GFC4. DY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR. MARK W. MINOR. C. DEAN SMI'i'H. P.E. DAVID W. 5C. HMI'r'i'. MICHAEL J. DELATE, iN COLLIER COUNTY, A PORTION OF: FIN: 0000000287280009 S?P. AP: 492818 028.0004B18 D. WAYNE ARNOLD, A.[.C.? ROBERT W. i'I'-{INNES, A.i.C._p Ei"~C V. $ANDOVAL, ?q.M ALAN V. ROS'E~AN PROJECT ~'~ nO.5 ~ PARCEL_ tl2 FOLIO-r)o~'-/,2 l~ ~ FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-1807) '~qE ~ST 40 FEET OF ~CE SOL~H i~F (1/2) OF ~{E NORTi~'WEST QD'ARTER (!/4) OF ~qE NORTHEAST QUARTER (1/4) OF SECTION !8, TOWNSHip 49 SOUT. H, ?c~NGE 2~ EAST, COLLIER COb-NTY. FLORIDA; CONTAiNiNG 26 419 SQUARE FEET, MORE OR LESS. " · Q. GR_~_DY MINOR & .ASSOCIATES, P.A. '/f , P.S.M. #5426 TOM CHE?~SKy.-F STATE OF FLORIDA F; SL~FCy \ ~. LL~ (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR. P.E MARK W. MINOR, P.E. - ~ DEAN 5MIT}-{, P.E. DAVID W. SCHMI'iT, P.F_ MICHAET- J. DELA'FE. P.=-- Q. GIL~DY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Plarmer$ IN:'COLLiF. R COUI~-i'Y, A PORTION OF: PIN: 0000000287280009 S'-TP.A~: 492618 O28.0004B!8 D. WAYNE ARNOLD, A.I.C.P. ROBERT W. Ti-IINNES, A.I.C_P. ERIC V. SANDOVAL, P.S.' THOMAS CHERNESK'y, P.S. ALAN V. R~AN' · PROJECT (o CZbF-,Ld. PARCEL (D ! 7:' FOLIO CO~%q 2 ~rY')Oel LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-!807-A) T'-.-E EAST 10 FEET OF Ti-iR WEST 50 FEET OF THE SOUTH .~L~_LF (1/2) OF THE NORTi~-~-EST QUA_RTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION !B TOW-NSHiO a9 SOUTH, R_~_NGE 26 -FAST,' , - - COLLIER COUNTY, FLORIDA; CONTAiNiNG 6,600 SQUARE FEET, MORE OR LESS. Q. GRA. DY MINOR & .ASSOCIATES, P.A. s i TOM CZqE PAVE S F/Y , P.S.M. ~5426 STATE OF FLORIDA 10G F: SURV~Y\~W. LLS (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GiO, DY MINOR, MARK W. MINOR. P.E. - C. DEAN SMITI-L P.E. AVID W. ~CHMITT. ,vlICHAEL J. DEl.&T-=. P.E. Civil Engineers · Land Surveyors · Planners D. WAYNE ARNOLD, A.I.C.P. ROBERT W. T'rilNNES, A.I.C_P. ERIC V. SANDOVAL, P~.M. THOMAS CHERN-~SK'Y, P.S.M. ALAN V. ROS--mMAN IN COLLIL'R COUNTY, A PORTION OF: PIN:0000000257000001 STRAP: 492618 022.0004B!8 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utiiity and Maint. Easement PROJECT PARCEL FOLIO ~)~q LEGAL DESCRIPTION WHIPPOORWILL {SKETCH B-1807) ..... -- NO R _~/7..iEAS T m'-'E W~,ST a O FEET OF THE SOUT, I~-w'EST QDL~_RTER (1/4) OF QUA_RTER (1/4) OF SECTION !8, TOWNSHIP 49 SOUTH, P~_NGE 26 EAST, COLLIER COGNTY, FLORIDA; CONTAINING 52,816 SQUARE FEET, MORE OR LESS. Q. G~Y MINOR & ASSOCIATES, P.A. TOM C:-.-E_ P_N'E S KY. ~ P.S.M. #S426 STATE OF FLORIDA lOG F: SURV~_y\ WW. ~ (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs. Florida 34134 Q. CRADY MINOR, P.E. MARK W. MINOR. P.E. -_ DEAN SMITH. P.F_ .)AVID W. 5CHMri'F, P.E. MI~-'~-{AEL J. IDk-LAi--~_ ?.E. Q. GIC~.DY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners IN COLLIER COUNTY, A. PORTION OF: ~IN:0000000287000001 STRJkP: 492618 022.0004B!8 D. WAYNE ARNOLD, A.I.CP. ROBErCI' W. TI-{INNE~, A.I.CP ERIC V. SANDOVAL, P.S.' THOMAS CH'ER~K~, ALA.N V. R~AN , PROJECT PARCEL ~ {~ _ , FOLIO D~')'~ LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-!807-A) THE EAST !0 FEET OF THE WEST 50 FEET OF THE SOUTh-WEST QUARTER (1/4) OF THE NORTHEAST QUA-RTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, .=-'-_NGE 2~ EA-~T, COLLIER COUNTY, FLORIDA'; CONTAiNiNG 13, 200 SQUAP_E FEET, MOP_E OR LESS. Q. G~-%DY MINOR & ASSOCIATES, P.A. P.S.M. #5426 STATE OF FLORIDA 108 F: SURVKY\WW. ~ (941) 947-1144 FAX (941) 947-0375 E-Mail: eng~neering~gradyminor.¢om 3800 Via De! Rey Bonita Springs, Florida 34134 Q. GIL&DY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, P.~ MARK W. MINOR, P.~ C. DEAN SMITH, P.~ )AVID W. SCHMITT, P.~ MICHAEL J. DELAT"r., P.E. IN!. COLLIER' COUNTY, A' PORTION' PIN:'0000'000287120004 STRA~: 492618 025.0004B18 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWILL (SKETCH B-1807) D. WAYNE ARNOLD. A.1.C.P. ROBERT W. T~INNEE. A.I.C.?. ERIC V. SANDOVAL P.S./vL THOMAS CH:ERNESICy, PE.M. AL&N V. RC~S'EMAN' PROOECT ... (~('r'~eL , PARCEL !/¢ ' FOLIO rx;Ag~ 19ooo¢.{ THE WEST 40 FEET OF THE NORTHWEST QUARTER (1/4) QUA_qTER ( ! / 4 ) OF THE SOUTHEAST QUARTER ( ! / 4 ) TOWNSHi ? 49 SOUTH, R3%NGE 26 EAST, COLL I ER CONTAiNiNG 26,408 SQUARE FEET, MORE OR' LESS. Q. GR_~_~Y MINOR & ASSOCIATES, P.A. OF %~-E NORT~.Tw%ST OF SECTION 18, COUNTY., FLORIDA; TO.M dSM STATE #5426 OF FLORIDA r: SURVEy\ (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GR.ADY MINOR. MARK W. MINOR. C. D~AN SMI'i'H, P.~ DAVID W. fiCHMITT, P.=-- MICHAk'L J. DELAT-=. P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners IN COLLIER· couNTY., A PORTION OF:':' PiN:0000000287120004 S?R~%-P: 492618 025.0004B18 D. WAYNE ARNOLD, A.I.C.P. ROBERT W. T'HINN'ES, A.I.C.P. ERIC V. SANDOVAL, P3 T'~OMA5 CHERNESICy, ALAN V. ^RCEL_ lq.__._ FOLIO r_)r~_~ _%~-I LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT W-~!PPOORW-/LL L/tN'E (SKETCH B-1807-A) THE -FAST 10 FEET OF ~E W~ST 50 FEET OF THE NORTH~ST QUARTER (1/4) OF THE NORTi~w~ST QOL~TER (1/4) OF THE SOI/Z'HEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTZ~, ~GE 26 -FAST, COLLIER COUNT, Y, FLORIDA; CONTAiNiNG 6,600 SQUARE FEET, MOPE OR LESS. Q. G~DY MINOR & ASSOCIATES, P.A. TOM ~--~~~/ , P.S.M. #5426 STATE OF FLORIDA lOG F: SL'RV'EY\ WW. L2~ (941) 947-1144 FAX (941) 947-0375 E-Mail: engtneering~gradyminor.¢om 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land SurveYors · ?lanners Q. GRADY MINOR. P.E. MARK W. MINOR. P.E. C. DEAN SMITH, P. r-- DAVID W. SCHMri'r, P.E. MICHAk-L J. DELA'PE, I A. 'PORTION' OF: I PIN :.00'000002861~0005 I S%'R'~i~: 492618 005. 0004B15 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION W~IPPOORWILL LANE (SKETCH B-!807) D. WAYNE ARNOLD, A.I.C.P. ROBERT W. T~INNES, A.I.C,P. ERIC V. SANDOVAL, P,S.M. THOMAS ~ESK'i', PS.M, ALAN V. R~AN PROJECT PARCEL FOLIO 0o2 T<~ THE WEST 40 FEET OF Th'E NORTH F~F (1/2) OF ~-~ SOUTH bLUfF (!/2) OF THE NORT~ST QUARTER (!/4) OF Ti-iE SOL~Vl--IEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOLr!'H, ~A/~GE 26 ~ST, COLLIER COU!TI'Y., FLORIDA; CON'TAiNiNG 13,204 SQUARE FEET, MORE OR LESS. Q. GR.=,.DY MINOR & ASSOCIATES, P.A. TOM Ci-.'ER_N-ESk'Y ? D S M ~5426 STATE OF -~ r =~OR_DA F: AT]RFEY\ WW. ~ (941) 94%1144 · FAX (941) 947-0375 · E-Mail: QGMA@aot. com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR. P.E. MARK W. MINOR. P.E. C DEAN SMrl'H. P.E. DAVID W. 5Cr~41TT, P.E. MICHAEL J, DELA ~'~.. P.E. Q. GRA, DY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners IN COLLIER COUNTY, A PORTION OF: PIN:0000000286120005 STRAP: 492618 005.0004B18 D. WAYNE ARNOLD, A.i.C.] ROBERT W. THINNE5, A.I.C.] ERIC V. SANDOVAL. THOMAS CHERNESK'y A.r~AN V. PARCEL FOlIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-1807-A) THE EJ~ST !0 FEET OF THE WEST 50 FEET OF NORTH.. ~-I. LF (1/2) OF T~'~ SOU~TH u-~-LF (1/2) OF T~.~ NORTHW'EST QU~-RTER (1/4) OF THE SOLTT?..i'~T QUA-~TER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH..., P~-NGE 26 E.UT, COLLIER COUNTY., FLORIDA; CONTAiNiNG 3,300 SQUARE FEET, MOP~E OR LESS. Q. G~y MINOR & ASSOCIATES, P.A. TOM P.S.M. ~5426 STATE OF FLORIDA F: SURVEY\ (941) 947-1144 FAX (941) 947-0375 E-Mail: engineermg~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR. P.E- MARK W. MINOR. P.=-- -- C. DEAN SMITH, P.E. DAVID W. MI CHAL=L J. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors - Planners :-.PORTION ' OF: ~'PIN: 0000000288040002 STR. Ai~: 492618 046.0004B18 D. WAYNE ARNOLD, A.i.C.i:: ROBERT W. Ti-{INNES, A.I.C_]: ERIC V. SANE)OVAL, THOMAS CHERNESIO/, P.S.M ALAN V. Rl~Ab, PRO4ECT PARCEL FOLIO FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B-1807) ~qE WEST 40 FEET OF THE SOUTH HALF (1/2) OF THE, SOUTH ~F (1/2) OF TEE NOR~ffWEST QUARTER (1/4) OF T~2 SOUTI..{EA3T QUARTER (1/4) OF SECTION iS, TOW/~'SHIP 49 SOUTH, RANGE 24 EAST, COLLIER COLTNTY, FLORIDA; CON-TAiNiNG 13,204 SQUARE FEET, MORE OR LESS. Q. GR~Y MINOR & ASSOCIATES, P.A. TOM Ci.~Rlq~_SK-f, ~ , P.S.M..=5426 S ~.-~ = OF FLORIDA 10G F: ~URVEy\WW. LLS (941) 94%1144 · FAX (941) 947-0375 · E-Marl: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR., P.=-- MARK W. MINOR, P.E. C. DEAN SMITH. P.FE. DAVID W. SCHMI'i-r, P.E. MIC~t. AEL J. DE'r_A~ P.~ Q. GRA~DY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners EX.B? A PORTION' · OF: PIN: 00000'0.0288040002 STR.AP: 492618'046.0004B18 D. WAYNE ARNOLD, A.I.C.p ROBERT W. THINNE2S, A.I.C.i~ ERIC V. SANDOVAL THOMAS ~IO~'0 ALAN V. PROdECT (~ O05~L,, PARCEL, /~ LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B-!807-A) THE EAST !0 FEET OF Ti.-_~ WEST 50. FEET OF ThE SOUT:q bLALF (1/2) OF T?.-E SOU/iq H_ALF (1/2) OF Tb.-E NORTi-~.qFE-ST QUARTER (1/4) OF ~ SOUT:qE~.ST QUARTER (1/4) OF SECTION .18, TOW'NS:-_'iP 49 SOUTH, R3tNGE 26 EAST, COLLIER COLTNTY, FLORIDA; CONTAiNiNG 3,300 SQUARE FEET, MORE OR LESS. Q. G~ADY MINOR & D3SOCIATES, P.A. , P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Mail: engineeringti;gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR. MARK W. MINOR. P.E. C. DEAN SMITH. DAVID W...CCHMF'~. P.~ M~CHAEL I- DELATF_ ?.E. Q. G1L4,DY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors - Planners D. WAYNE ARNOLD, A. LC.P ROBERT W. THINNES, A.i.C.P ERIC V. SANDOVAL P.5.M THOMAS CHERNF. DK'y, PS.M ALAN V. ROS'EMA~ [-APORTION OF: [ii~IN:000.000'0286160007. 452618 006.0004B18 Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWILL (SKETCH B-!807) PRO4ECT PARCEL ! )~'~, FOLIO ~-~--. WEST 40 FEET OF T~.~ NORTH ~F (1/2) OF THE SOUTHTWEST QUARTER (1/4) OF .n_..'~ SOUTi.-~__.AST QUARTER (!/4) OF SECTION 18, TOWNSHIP 49 SOUTH., ~ANGE 26 ~T, COLLiER'COUNTY, FLORIDA; CONTAINING 26,408 SQUARE FEET, MORE OR LESS. Q. GR_~.DY MINOR & ASSOCIATES, P.A. P.S.M. #5426 STATE OF FLORIDA lOG (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR. ?.E. MARK W. MINOR, ?.E. C_ DEAN SMITH, P.E. DAVID W..SCi-IM1TI, P.E. MICHAEL I. D~LATF. P.=- Q. GIL4~DY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners A PORTION' OF: ' PIN:0000000.286160007. STR.~P: '492618 006'.0004B18 D. WAYNE ARNOLD, A.I.C.] ROBERT W. T;~I~, A.I.C_! EKIC V. SANDOVAL., p ¢ THOMAS (D-DDU,,q~I<y ALAN V. RC~L PROJECT PARCEL Ir'] FOLT0 LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE EASEMENT WEiIPPOORWILL LANE (SKETCH B-1807-A) THE EAST !0 FEET OF THE W~ST 50 FEET OF ~ NORTH HA.LF (1/2) OF ~.r~__ SOUTHWEST Qb'ARTER (1/4) OF T~ SOUTH~-J%ST QUARTER (1/4) OF SECTION !B, TOWNSHIP 49 SOUTH, P~GE 26 F-AS.T, COLLIER COUNTY, FLORIDA; CONTAiNiNG 6,600 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCiA.~S, P.A. TOM C~.~RNESKY [ .... P.S.M. #5426 STATE, OF FLORIDA 10G (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR. P.E. MARK W. MINOR. P.E. C. DF..~,N SMITH. P.E. DAVID w. SCHMITT. P.E. MICHAEL J. DELATF. ?.E. Q. GI'Ca. DY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners I~'COLLi~R COUNTY, A. PORTION' OF: LOT 1, (PLAT BOOK 14, PAGES 44-45} II ii'- D. WAYNE ARNOLD, A.I.C.P. ROBERT W. Ti"[INNES, A.I.C.P. ERIC V. SANE)OVAL, P.S.M. THOMAS C2-fl~RNF~ICY, P.S.M. ALAN V. RC~'EMAN PRO4ECT PARCEL FOLIO Z~, ~,~c~9, FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LA/rE (SKETCH B-1807) .T.~ WEST !0 FEET OF LOT 1 AS SHOWN ON Ti~ PLAT OF NA_DLES PLAZA PL~.NI~D UNiT DEVELOPMENT, AS .RECORDED iN PLAT BOOK 14 AT PAGES 44 A_~D='5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAiNiNG 2,250 SQUARE FEET, MORE OR LESS. Q. GF~A~Y MINOR & ASSOCIATES, P.A. TOM CHEP~SKY Q ~ S M. #5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Marl: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR. P.E. MARK W. MINOR, ?.E. C DEAN SMITH, P.E. DAVID W. ScHMrrT, P.E. MICHAEL J. DELATE, P.E. Q. GI'CA. DY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners A' PORTION OF.: LOT: I,: {PLAT.' BOOK 14, PAGES' 44-45 ) D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A. LC.P. EILIC V. SANE)OVAL, P = M. THOMAS Cn-IERNES~, ALAN V. ROS"r_ aQ PROJECT PARCEL FOLIO ~a.~,y'Y~Z~C%CZ') !. LEGAL DESCRIPTION PERPETUAL, NON-EXCAUSIVE"SLOPE'EASEMENT W~IiPPOORWILL LA1TE (SKETCH B-I@07-A) ~qE EAST 10 FEET OF ~ WEST 20 FEET OF LOT 1 AS SHOWN ON ~r? PLAT OF N~LES PL~AZA PT-2%NlN~D UNIT DEVELOPMENT, AS RECORDED iN PLAT BOOK 14 AT PAGES 44 A/ql3 45 OF TEE PUBLIC RECORDS OF COLLIER COLTN/-f, FLORIDA; COITTAiNiNG 2,250 SQUA/LE FEET, MORE OR LESS. TOM ~--iERNESK-f ., P.S.M. ~5426 STATE OF FLORIDA lOG £: gUR'v"ZY\WW. ~ (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor.com 3800 Via Del Rey Bonit~ Springs, Florida 34134 Q. G1L~.DY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GR.ADY MINOR, P.E. MARK W. MINOR. P.E. C. DEAN SMITH. P.E. DAVID W. SCHMrr'f. P.F_ MICt-IAEL J. DELAT'E. D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANE)OVAL P.S.M. THOMAS Ch'ERNF. SlCY, P.S.M. ALAN V. ROSEMAN PRO,JECT PARCEL I~--~ FOLIO ~ FEE SIMPLE INTEREST LEGAL DESCRIPTION W~iIPPOORWILL LA.N'E (SKETCH B-!807) THE WEST 10 FEET OF TRACT "A" .AS SHOWN ON THE PLAT OF NA3LES PLAZA PLANAVED UNiT DEZ;ELOPMENT, AS RECORDED IN P!~_T BOOK 14 AT PAGES 44 AND 45 OF ~-.'E pLrZ=L!C RECORDS OF COLLIER COUN~f_, FLORIDA; CONTAINING 500 SQUARE FEET, MORE OR LESS. Q. GR.A. DY MINOR & .ASSOCIATES, - i GN'ED TOM , P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@ao[.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR. P.E. MARl( W. MINOR. ?.E. C. DEAN b'Mrl-~ P.F_ DAVID W. 5CHM1TT, ?.~ MICHAiEL J. DEl_ATE, P.E. (.~. C~I<.AL} I MIINL)I{ ~ AbbU(-IAl'l:i~t P.A. Civil Engineers Land Surveyors Planners IN COLLIER COUNTY, ;t PORTION O~7: TRAcT ,~" (PLAT BOOK 14, ~AG'ES' 44-4'5') D. WAYNE .~kRNOI. D. A.I.C_P ROBERT W. THINNES, A.I.C_P ERIC V. SANDOVAL. p.~ THOMAS ~.' ALAN V. PROJECT PARCEL_ FOLIO qCYT- o LI LEGAL DESCRIPTION PERPETUAL, NON-EKGLDS~VE SLOPE'EASEMENT WHIPPOORWILL LANE (SKETCH B-!B07-A) THE EAST !0 FEET OF THE WEST 20 FEET CF TRACT "A" AS SHOWN ON ~{E PLAT OF N~.PLES PL~.ZA PLANNED UNiT DEVELOPMENT, AS RECORDED iN PLAT BOOK 14 AT PAGES 44 .AND 45 OF ~qE PUBLIC RECORDS OF COLLIER COUNTY.., FLORIDA.; CON'TAINiNG 500 SQUARE FEET, MORE OR LESS. Q. G~DY MINOR & ASSOCIATES, P.A. TOM Ch'ER~IES KY ( P.S.M. #5426 STATE OF FLORIDA 10$ (941) 947-1144 FAX (941) g47-0375 E-Mail: engineerin~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR, MARK W. MINOR. C. DEAN SMITH, DAVID W. SCHM~, ?.E. MICHA~. J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners D. WAYNE ARNOLD, A.I.C.P ROBERT W. I'HINNES, A.I.~_? ERIC V. SANDOVAL P.S.M THOMAS CHE~, P.S.M ALAN V. ROSEIvIA~ PROOECT PARCEL FOLIO FEE SIMPLE INTEREST LEGAL DESCRIPTION W~IIPPOORWILL LAITE (SKETCH B-!807) ~-~---- WEST 10 FEET OF TR. ACT "!" AS SHOWN ON THE PLAT OF NAPLES PL~.ZA P~D UNiT DEVELOPMENT, AS RECORDED iN PLAT BOOK 14 AT PAGES 44 A_ND 45 OF Ti-.'E PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAiNiNG 2,352 SQUARE FEET, MORE OR LESS. Q. G~ADY MINOR & ASSOCIATES, P.A. , P.S.M. #5426 STATE OF FLORIDA F: b-URV~'\WW, rz e 10G (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR, IvlARK W. MINOR, P.E. C. DEAN SMITH, ?.E. DAVID W. 5CHlvt~, ?.:-- MICI-IA--:L J. DELATE, P.F.. Civil Engineers Land Surveyors Planners TRACT:i."I'" (PI.~'l~ BOOK 14', ! pAt":F~- 44;45}- .-' ..... ' · D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNE~, A.I.C.P. ERIC V. SANDOVAL P.S.M. THOMAS CHERNESK~, P ALAN V. PROJECT PARCEL i]b FOLIO LEGAL DESCRIPTION _ (SKETCH B-!807-A) TZqE E~.ST 10 FEET OF ~ WEST 20 FEET OF TRACT "1" AS SHOWN ON ~ PLAT OF NAPLES PL~,ZA PLAh-N'ED UNIT DEVELOPMENT, AS RECORDED iN PLAT BOOK 14 AT PAGES 44 A.N-D 45 O? Ti-{E PUBLIC KECOFLDS OF COLLIER COUNTY., FLORIDA; CONTAiNiNG 2,352 SQUARE FEET, MORE OR LESS. TOM : S.M ~5426 STATE OF FLORIDA (941) 947-1144 FAX (941) 947-0375 E-Mail: engineering~gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 10 1! 12 13 RESOLUTION NO. 2003- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REPEALING RESOLUTIONS NUMBERED 00- 147,00-166, 00-414,00-422 AND 01-246 PERTAINING TO THE CONSTRUCTION AND LAND ACQUISITION FOR WHIPPOORWILL LANE WHEREAS, the construction of .Whippoorwill Lane has been determined to be a private project and not a budgeted fund item for Collier County; and WHEREAS, there are no plans to budget funding for the aforementioned construction and acquisition of land for said 14 roadway; 15 WHEREAS, there are outstanding Resolutions pertaining to ]6 this matter that need to be repealed in order to be consistent 17 with current Collier County policy; and I8 WHEREAS, the continuation of these Resolutions requires the 19 creation of unnecessary documentation regarding the Collier 20 County Growth Management Plan, eminent domain and undue 21 interference with private development issues and other matters 22 pertaining to the construction of said roadway; and 23 WHEREAS, it is in the best interest of Collier County to 24 repeal these Resolutions. 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 5 2 7 ]LOG" - 1 - 5 6 7 8 9 10 I1 12 13 14 00-147,00-166,00-414,00-422 and 01-246 shall be Resolutions repealed in their entirety. This Resolution adopted this after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, Clerk day of February, 2003 By: Approved as to form and legal sufficiency: i~cqu~line Hubbard Robinso A~sistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN - 2 - EXHIBIT "E" Form of Escrow Agreement 10G EXHIBIT "E" ESCROW AGREEMENT THIS AGREEMENT entered into this day of , 2003, by PULTE HOME CORPORATION (hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter "the Board") and Orion Bank (hereinafter "Bank"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, entered into the Whippoorwill Lane Hold Harmless and Indemnification Agreement ("Indemnification Agreement") with the Board for the construction of Whippoorwill Lane, (a copy if this Agreement is attached hereto as Exhibit "A" to this Escrow Agreement). B. Developer and the Board have acknowledged that the amount Developer is required to deposit the sum of ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) with the Bank pursuant to the terms of the Indemnification Agreement. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, Board and the Bank do hereby covenant and agree as follows: 1. Developer will cause Whippoorwill Lane to be constructed pursuant to the terms set forth in the Indemnification Agreement approved by the County and attached hereto as Exhibit "A" and incorporated herein by reference. 2. Developer hereby deposits with Bank ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) in escrow in accordance with the terms of this Agreement. 3. Bank agrees to hold in escrow ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) to be disbursed only in accordance with the terms and conditions of this Agreement. 4. The escrowed funds will be released to the Developer only upon written approval of the Collier County Transportation Administrator who shall approve the release of funds on deposit upon the earlier to occur of: (1) the County's acceptance of Whippoorwill Lane; (2) the County's refusal to accept Whippoorwill Lane; or (3) expiration of the Indemnification Agreement. However, in the event Developer shall fail to comply with any of_the requirements of the Indemnification Agreement, then the Bank agrees to pay to Collier County immediately upon demand, all funds then held in escrow by the Bank, as of the date of such demand, provided that upon payment~f0c~balance, to~.the County, the County '~!i ,5 2 7 0 3~,~i 1 will have executed and delivered to the Bank in exchange for such funds, a statement by the Collier County Transportation Administrator to the effect that: (a) Developer, for more than thirty (30) days after written notification of such failure, has failed to comply with the requirements of the Indemnification Agreement, and (b) the escrow funds drawn down by the County shall be used to defend against and/or pay any claims or demands made against the County pertaining to the construction of Whippoorwill Lane; and (c) the County will promptly repay to the Bank any portion of the funds drawn down and not expended to defend against and/or pay any claim or demand made against the County pertaining to the construction of Whippoorwill Lane, as identified in Exhibit "A". 5. Wdtten notice to the Bank by Collier' County specifying what amounts are to be paid to the Developer shall constitute authorization by Collier County to the Bank for the release of the any remaining escrowed funds to the Developer. Payment by the Bank to the Developer of the amounts specified in a letter of authorization by Collier County to the Bank shall constitute a release by the County and Developer of the Bank for the funds disbursed in accordance with the letter of authorization from Collier County. 6. Compliance with the Indemnification Agreement shall considered complete upon the earlier to occur: (1) acceptance of Whippoorwill Lane by the County; (2) County refusal to accept Whippoorwill Lane or (3) expiration of the Indemnification Agreement. 7. Should the funds held in escrow be insufficient to satisfy the Developer's obligations under the Indemnification Agreement, the Board, after duly considering the public interest, may at its option resort to any and all legal remedies against the Developer. 8. Northing in this Agreement shall make the Bank liable for any funds other than those delivered to Bank for deposit under the terms of this Escrow Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the parties hereto. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this __ day of ,2003. Signed, sealed and delivered in the presence of: PULTE HOME CORPORATION By: Printed Name: Its: 2 Printed Name: ORION BANK Printed Name: By: Patrick K. Miller Senior Vice President Printed Name: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: ¢Sq~'Jacqueline Hubbard Robinson Assistant County Attorney 106 NOTICE OF CLOSED ATTORNEY-CLIENT SESSION Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the Board of County Commissioners will meet in executive (closed attorney-client) session on TUESDAY, MAY 27, 2003 - TIME CERTAIN - NOON, in the Commission conference room, 3~a Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Board in executive session will discuss: Settlement negotiations and strategy related to litigation expenses of the pending litigation case of Aquaport v. Collier County, Appeal Case No. 03- 11291-B, now pending in the United States Circuit Court of Appeals for the Eleventh Circuit, and Aquaport v. Collier County (The Bert Harris Act Claim), Case No. 03-1609-CA, now pending in the Circuit Court for the Twentieth Judicial Circuit. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK by:/s/Maureen Kenyon Deputy Clerk (SEAL) AGENDA TRANSMITTAL SLIP ! I Agenda Item ' · Requested Agenda Date: 05/27/03 ate Submitted: 05/15/03 ~AP. RROPRIATE~ HEADING (ClRC~ O N E)~ 5~.~.~.T-:.:~-~~ ~;.:'~. :' ~-.:~.~':.,:~-~:~. ,-~.---~.,:;~.~?'~:~'t,.-.,~W-':~~ ':,~::.' ~ ~:~.~-' I [] (2) Approval of Agenda and Minutes I [] (3) Proclamations U (4) Servtce Awaras [] (5) Presentations I [] (6) Public Petitions & Comments on U (7) Board of Zoning Appeals ' I General Topics r-~ '8' Advertised Public Headngs I [] (9) Board of County Commissioners [] (10) County Mar~a~er's Report L.J ~ ! ' ' I v /4 m r, .... ~,, ~- ...... '~ n,=nort I-'] ~131 Other Const tut ona Officers Fl (11) AirportAuthodt7 ,,, ~,,=! .... ,~, ........ ~, .... r , · r-l(14) staff and Commission General I r"1(15) Future Agendas (16) Consent Agenda Communications I r-i (17) Summary Agenda Prepare/d by: i' //" ./-.':.'/~"; -/' . ""' .Michael W. Pettit, Assistant County Attorney Date: ~Appr°ved by: t~: David O. Weigel County Attorney County Manager: ~.- ""~':;'~.~'/ .;~" Date: % t' '" ~' ~ Item Title: FOR THE BOARD TO PROVIDE DIRECTION TO OUTSIDE COUNSEL, TED TRIPP, ESQ., AND THE OFFICE OF THE COUNTY ATTORNEY AS TO SETTLEMENT NEGOTIATIONS AND LITIGATION EXPENSES IN THE PENDING LITIGATION CASE OF AQUAPORT Vo COLLIER COUNTY, APPEAL CASE NO. 03-11291-B, NOW PENDING IN THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, AND AQUAPORT V. COLLIER COUNTY (THE BERT HARRIS ACT ;LAIM), CASE NO. 03-1609-CA, NOW PENDING IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT. List of Documents Attached: 1. 2. 3. 4. 5. .... - ...... NAY 2 7 2O03 EXECUTIVE SUMMARY TO PRESENT TO THE BOARD OF COUNTY COMMISSIONERS THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002. OBJECTIVE: To formally present to Board of County Commissioners the Comprehensive Annual Financial Report for the year ended September 30, 2002. CONSIDERATIONS: The Clerk of the Circuit Court serving in the capacity as Ex-Officio Clerk to the Board of County Commissioners is responsible for the coordination of the annual independent audit along with the production of the Comprehensive Annual Financial Report. In this role, the Clerk is pleased to present to the Board the Comprehensive Annual Financial Report for the fiscal year ended September 30, 2002. The CAFR represents a significant investment of effort by the Finance and Accounting Department along with numerous County employees. We would like to express our appreciation to this Board, the other Constitutional Officers, the County Manager, Division Administrators, and the Department Directors not only for their assistance with the CAFR, but for their assistance throughout the year in matters pertaining to thc financial affairs of Collier County. GROIVTH MANAGEMENT IMPACT: None. FISCAL IMPACT: None. RECOMMENDATION: That the Board of County Commissioners accept the Comprehensive Annual Financial Report for the period ended September 30, 2002. .eeS L. Mitchell, CIA, CFE, CB.A ctor of Finance and Accounting co.. AGEND~.~TE.~ / MAY 2 7 2003 / ° EXECUTIVE SUMMARY TO PRESENT THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANICAL REPORTING TO THE BOARD OF COUNTY COMMISSIONERS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2001. OBJECTIVE: To inform and present to the Board of County Commissioners the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting for the Fiscal Year ended September 30, 2001. CONSIDERATIONS: The Clerk of the Circuit Court serving in the capacity as Ex-Officio Clerk to the Board of County Commissioners is responsible for coordination of the annual independent audit along with the production of the Comprehensive Annual Financial Report. In this role, the Clerk participates in the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting program. This award program was established by the GFOA in 1945 to encourage government units to prepare and publish an easily readable and understandable Comprehensive Annual Financial Report covering all transactions of the government during the fiscal year. The GFOA along with the Clerk of the Circuit Court, believe that governments have a special responsibility to provide the public xvith a fair presentation of their financial affairs. The CAFR's prepared by and for Collier County go beyond the requirements of generally accepted accounting principles, to providing the many users of our financial statements with a wide variety of information used in evaluating the financial condition of this County. Collier County has received this prestigious award for fourteen consecutive years, and it is with great pride that we inform and present to the Board the award for the sixteenth consecutive year for the CAFR that was prepared for the year ended September 30, 2001. GR 0 IVTH MANAGEMENT IMPA CT: None. FISCAL IMPACT: None. RECOMMENDATION: That the Board of County Commissioners accepts the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report for the period ended September 30, 2001. ' ( Jjtmes L. Mitchell, CIA, CFE, CBA x/~irector of Finance and Accounting Date: Reviewed By: ~. [~ock h¢ Circuit Cour~ Date: AL~,..NDA ITEM No. /'~ MAY 2 7 2003 Pg..,., / EXECUTIVE SUMMARY APPROVE A CHANGE ORDER TO WORK ORDER No. WMI-FT-01-08 AMENDMENT UNDER CONTRACT No. 99-2981,"AGREEMENT FOR FIXED TERM LAND SURVEYING AND PHOT(~GRAMMETRIC SERVICES", WITH WILSON MILLER, INC. FOR CONVERTING AUTOCAD DATA DIRECTLY TO GIS, IN THE AMOUNT OF $25,000. OBJECTIVE: To approve a work order amendment with Wilson Miller, Inc. for converting existing AutoCAD data directly to GIS in the amount of $25,000. CONSIDERATIONS: Wilson Miller, Inc. was awarded a Work Order under Contract 99-2981 for Surveying and Phot(~grametric Services on October 23, 2001, Agenda Item (16) (A) (12) in the amount of $108,600, to develop and deliver basic GIS infrastructure. As part of this process, Community Development and Environmental Services identified several GIS layers for development for utilization in the daily operation of the Division. The original methodology of converting the existing AutoCAD data directly to GIS had to be revised and the new method used required much more manual data entry than expected. In order to prepare the promised product within an acceptable time frame, it becam~ necessary for an increase of $25,000 in the original task amount of $16,600 for Task 2.3, requested in writing by Wilson Miller on April 25, 2002, bringing the total of the amended work order to $133,600. The data layer provided will overlay the Parcel Basemap prepared by the Collier County Property Appraiser's Office. The original request for approval of the $25,000 Change Order was projected to be scheduled for the September 25, 2002 Board meeting; the request item was not placed on that BCC agenda or anyone thereafter. The $25,000 increase to Work Order No. WMI-FT-01-08, did not receive Board approval as required. Subsequently, due to the missing approval from the Board resulted in a non-payment of the invoice for these additional services which were provided by Wilson Miller. FISCAL IMPACT:. Funding is available from the GIS project, within fund 301. GROWTH MANAGEMENT IMPACT:. The implementation of the County-wide GIS system is continuing to improve staff ability to implement the Growth Management Plan. This system is allowing more efficient use of staff and resources, providing more accurate information resulting in better decision-making and improve customer service. RECOMMENDATION',. That the Board of County Commissioners, 1.) approve a work order ~mendment in the amount of $25,000, 2.) authorize the Chairman to sign the County Attorney approved amendment to the work order. HAY 7 20(]3 REVIEWED BY: REVIEWED BY: APPROVED BY: Bar~-Axe~_, Di~ctor Information Technology Department ~,tev& Came;If, Director / Purchasing Department /'/J~', mi .tt, Admi.rJistra. t._or / / FCommunity Development and Environmental Services MAY 2 7 2003 p~. '-~ CHANGE ORDER TO WORKORDER # 1 TO: WilsonMiller, Inc. 3200 Bailey Lane Suite 200 Naples, FL 34105 FROM: Community Development & Environmental Svcs 2800 N. Horseshoe Drive Naples, FL 34104 Project Name: CDES Division GIS Data Layers Project No. N8232-001-008 Work Order Dated: September 23, 2001 Change Order No.: 1 Work Order No. WM~-FT-01-08 Date: April 25, 2002 Change Order Description: This change order is to approve a work order amendment for converting existing AutoCad data directly to GIS in the amount of $25,000. Original agreement amount ............................................................... $108,600 This Change Order No. 1 Amount (add or subtract) ......................... $ 25,000 Revised Agreement Amount ............................................................. S 133,600 Original contract time in calendar days .................................................... 98 days Adjusted number of calendar days due to previous change orders ..................... 0 days This change order adjusted time is ........................................................... 30 days Revised Contract Time in working days ................................................. 128 days Original Notice to Proceed date .................................................. 01/2001 Completion date based on original contract time ......................... 05/2001 Revised completion date due to change order(s) ......................... 05/2002 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in said Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, to this Agreement shall constitute a full and final settlement of any and all claims arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: ~'~ ~~' Date: '~ ]'"L] BatTy Axelr~_~, ProjeCt Manager Information Technology Department ,0ohn Bou~tv~ll, Sr. Vice P~'esident v-W41sonlVliller, Inc Date: HAY 2 7 2003 Change Order No. 1 Page 2 /os~h r. Schmm, A~rast~at~r (~unity Development and Environmental Services ~te~hen~Y./2a~ell, Director of 15urchasing/Oeneral Svcs. Assistant Cdunty Attorney Approved by: Tom Henning, Chairman Board of County Commissioners Date: MAY 2 7 2003 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: CDES Division GIS Data Lavers PROJECT #: N8232-001-008 RFP #: 99-2981 CONTRACT AMOUNT: MODIFICATION #: 1~ ORIGINAL $'108~600. CURRENT $ 133~600. CURRENT COMPLETION DATE(S): ORIGINAL: May 2001 CURRENT: May 2002- the work had been completed~ Last BCC Approval Amount $108,600 CURRENT: 9133,600 Date of Last BCC Approval: October 23, 2001_ Agenda Item # {16)(A)(12) SUMMARY OF PROPOSED CHANGE(S): The original methodology of convertin.q the, existing AutoCAD data directly to GIS had to be revised and the new method used. required more manual data entry than expected. An increase to the original task :,mount of $16,600 (Task 2.3) was requested in writing by Wilson Miller (back up attached). .. JUSTIFICATION FOR CHANGE(S): The draftinq department had advised that this change order to Work Order WMI-FT-001-008 would be on the BCC a.qenda on. September 25, 2002, however, the document was not submitted and as a result, the payment to Wilson Miller was not authorized nor paid. PARTIES CONTACTED REGARDING THE CHANGE: In a letter dated April 25, 2002, Mr. William Walter of Wilson Miller submitted a request to Col. Joe Schmidt Ret. Director Collier County CDES (attached) IMPLEMENTATION STEPS (Check each before proceeding with change) X Proposed change is consistent with the scope of the existing agreement X Proposed change is not included in the existing scope X Change is being implemented in a manner consistent with the existing agreement X Proposed prices, fees and/or costs set forth in the change are reasonable X The appropriate parties have been consulted regarding the change PROJECT MANAGER RECOMMENDATION: AP,~?V E: -~:~ ~ ~ Date: DISAPPROVE: Date: COMMENTS: h Forms/County Forms/Purchasing Forms/Check List 5/13~03 April 25, 2002 Col. Joe Schmidt Ret., Director Collier County CDES 3050 N. Horseshoe Dr. Naples, Florida 34104 RE: Zoning GIS Data Layer Development PO # 105991 WO# 99-2981 WMI-FT-01-08 WiisonMiiler PIN# N8232-001-O08 Dear Col. Schmidt: WilsonMiller is currently developing a County-wide Zoning Data Layer, with Map Atlas application for the CDES Graphics section. We have had to revise our original methodology of converting the existing AutoCad data directly to GIS, and the new method used required much more manual data entry than expected. In order to prepare the promised product, within an acceptable time frame, we will need an increase in the original task amount. To date the costs of services have exceed Task 2.3 amount of $16,600. The total revised cost to prepare the County-wide Zoning Data Layer will be $41,600. The data layer provided will overlay the Parcel Basemap prepared by the Collier County Property Appraiser's Office, and will be c .ompleted by the end of May, 2002. By virtue of this letter, I am requesting an increase to the PO order in the amount of $25,000 (LS) for additional services under the work order referenced above. Funding is available from the GIS 301 Fund# 301, Project Code 01-014. If you have any questions, do not hesitate to contact me at 263-6464, ext. 6109. Thank you for your consideration of this matter. Sincerely, William E. Walter GIS Manager WiisonMiller, Inc. EXECUTI VE SUMMARY REQUEST THAT THE BOARD OF COUNTY COMMISS?ONERS EXECUTE A SATISFACTION OF MORTGAGE 1N RECOGNITION OF COMPLETION OF EXCAVATION WORIC OB3ECT~VE: That the Board of County Commissioners approve and execute a Satisfaction of Mortgage acknowledging completion of performance on a Mortgage Note recorded at Official Records Book 1206, page 687 of the Public Records of Collier County, Florida. CONSIDERATIONS: As security for performance of excavation work on their property, property owners .]ames Fink, .]ohn F. Martin and Lynne Hyatt Bello, f/k/a Lynne Louise Hyatt granted Collier County a mortgage, which was recorded on .July 16, 1986, in the Official Records of Collier County. A copy of the mortgage deed and note are attached. According to a letter dated .]anuary 24, 1992, from the Community Development Division of Collier County, the excavation was satisfactorily completed and the mortgage note was to be released. A copy of this letter is also attached. The applicable law is Subsection 701.04(1), F/or/da Statutes, which provides, in pertinent part as follows: "(1) .... Whenever the amount of money due on any mortgage, lien, or judgment shall be fully paid to the person or party entitled to the payment thereof, the mortgagee, creditor, or assignee, or the attorney of record in the case of a judgment, to whom such payment shall have been made, shall execute in writing an instrument acknowledging satisfaction of said mortgage, lien, or judgment and have the same acknowledged, or proven, and duly entered of record in the book provided by law for such purposes in the proper county. Within 60 days of the date of receipt of the full payment of the mortgage, lien, or judgment, the person required to acknowledge satisfaction of the mortgage, lien, or judgment shall send or cause to be sent the recorded satisfaction to the person who has made the full payment .... " NO. _J_~_~ 4AY 2 7 2003 pg. Executive Summaq/ Page Two As of April 28, 2003, there was no evidence in the Official Records that Collier County has previously acted to release this mortgage. The property owners are now requesting that Collier County timely release this mortgage to clear their title. FISCAL IMPACT: A total cost of $8.00 will be charged to the Collier County Engineering Services department, Account Number :t:[3-138320-651-21-0 to: (1_) record the Satisfaction of Mortgage, (2) to provide the County Engineering Services department with a copy of the recorded Satisfaction of Mortgage for their files, and (3) provide the County Attorney's Office with a copy of same to forward to the property owners. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATZON: That the Board of County Commissioners approve and execute the attached Satisfaction of Mortgage and directs the Clerk to record same in the Official Records of Collier County, and to further direct the Clerk to provide the County Attorney and the County's Engineering Review Services Department each ~LLh a copy of the recorded instrument. Patrick G. White Assistant County Attorne~y REVIEWED BY: _. "'/);~--/ c_ Date: Thomas E. Kuck, P.E. Engineering Review Director .loseph K. Schmitt, Administrator Community Development & Environmental Services THIS MORTGAGE DEE~, executed the /c; day of June. 1986 by JAMBS FZNK, JO~ F. MARTIn, and LYNNE HYA~ B~ f~/a LYrE L~ISE ~A~, he.el~ter c~lea the ~rtgagor, to ~ OF ~SSIO~ OF ~~ C~, F~RIDA, hereinafter called the ~rtgagee. ~S~, that foe g~ ~d valu~l~ co~d~a~, and also An consAaera~on of the aggr~ate s~ n~ ~n ~e Note of ev~ ~ b~~ h~~ d~cr~, ~e sa~d ~tg~ g~nU, hrg~nn, sells, al~s, r~s~, zele~es conve~o nd con~l~ unto ~e said Xortgag~, its heirs and assigns In fee si~e, all the ce~n tract of ~, of which the s~ Ho~tgagor is now se~z~ and ~ssesse~, a~a ~n ac~a~ ~ssession, s~t~te ~n ~ier C~nt~ State of F~or~da, descr~oea The S~uth one-half (S~/2) o~ the Northeast one-~a~ter (~/4) o~ Section 30, To~sh~p 5~ South, ~n~ge 27 hot, Cordley Count~ FloF~da. TO ~ ~ ~ HO~ the s~ t~ether wi~h the ten~en~s, heredl~nts, and appur=enances, unto =he said ~r=gagee, and he,rs and assigns, f~ ~D the sa~d Mortgagor, [or ~tself and its heirs, legal representatives and assigns covenants w~th sa~d Mortgagee, ~ts heirs, legal represen~ives and assigns that the Mortgagor has full power and la~ul r~qh~ to convey said land In fee simple as aforesaldl tha= It shall be la~ul for said Mortgagee, its heirs, leg~ rep~es~=~ves and assigns, a~ all t~mes peaceably and l~d lB free fr~ all en~r~cesl thn~ said Mortgagor, ~e~rs legal representatives, will m~e such further assurance ~o =he ~ee 8~1e t~tle to 8a~ lan~ in sal~ Mortgagee, ~ts an~ tAac 8a~ Mo=tgago= he=eby fully warrants the title to sai~ 1~ and w~11 ~efen~ the 8~ against ~he la~ul cla~ of all person8 who~vdr. PR~ID~ ~YS, that If sel~ Mortgagor, l~s hei=8, legal rep=eoen~=~ves or assigns shall pay unto the 8aid ,ortgagee, its l~al repreoen=a=ive8 or asaiqns, =h~ cer~ln Mortgage No=e, even da=e herewith and a =~ue copy he~elnaf=e= a==ached and shall ~=fo~, co~ly w~th ~d abide by eoch and every ?~ the s~lp~att~ns, agr~nts, conOi~ions and covenants o~ ~tqage Note and of ~h~8 Deed, th~ th~s De~ and the eskake thereby crea~ed shall cease and be null and void. ~ the sa~d ~rtgegor, for ~tself and its heirs, legal representatives and assigns, hereby coven~ts and agrees with the ~rtgagee: (1) ~ pay all a~d 8~n~lar the princ~l and ~nterest and oth~ s~ of money pay~le by virtue o[ 8a~d Note and this Mortgage ~ed, or e~ther, pr~tly on the ~ays resp~t~vely the same severally ~come due. (2) To ~y 811 s~n~ar the t~es, asses~ents, levies, liabil~tLes, obligations and en~mhrances of ~y nature, on said aeocr~ pro~y, ~d If the s~ be not pr~tly pa~& the ~rtgag~ My at ~y t~me pay the 8~e wl~out waiving or affe~ng ~e option to [o=ecloee or an~ r~ght hereunder, and ev~ ~nt so ma~e shall ~ar interest from the date he=eof at the ~l~ legal rate o& interest per ann~. · ..... .... ~v/real estate/1/[~nk ~-' · · 001266 006684 OR BOSK : (3) To pay all and singular the costs, charges, and expenses, including attorney's fees and abstract costs reasonably incurre~ or paid at any time by the Mortgagee because of the failure on the part of the Mortgagor to perform, comply with and abide by each and ever of the stipulatons, agreements, conditions and covenants of said Note and this Mortgage Deed, or either, and every such payment shall bear interest from date at the maximum legal rate of interest per annum. (4) To permit, commit or suffer no waste, impairment or deter/oration of said property or any part thereof. (5) To perform, comply with and abide by each and every of the stipulations, agreements, conditions and covenants in said Note and in this Mortgage Deed set forth. (6) That if there should be any default under the Note attached hereto, or if ~ach and every of the stipulations, agreements, conditions and covenants of said Note and this Mortgage Deed, or e~ther, are not fully performed, complied with and abided by, the said aggregate sum mentioned in said Note shall become due and payble ~orthwith or thereafter at the option of the Mortgagee, after forty-five (45) days written notice of such default to Mortgagor from Mortgagee, as fully and completely as if the said aggregate sum of said Note was originally stipulated to be paid on such day, anything in said "ore or herein to the contrary notwithstanding. (?) That in order to accelerate the maturity of the indebtedness hereby secured, because of the failure of the Mortgagor to pay any tax, assessment, liability, obligations or encumbrance upon said proper~y as herein provided, ~t shall not be necessary to requisite that =he Mortgagee shall first pay the sa~eo (6) The lien hereoE shall extend to ~nd include the use, rents and profits of said premises, but the Mortgagor shall have the right to remain in posseseiun si 8aid p£~mlses and enjoy 2he use, and to receive the rents and profits thereof, w~thout accounting to the Mortgagee therefor, so long as 2here shall be no default hereunder, provided that in the event of any such default hereunder for a period of forty-five (45) days, the Mortgagee shall be entitled to the possession and use of sa~d mortgaged premises, and to receive and apply the ne= rents and profits thereof, upon and toward the payment of the indebtedness hereby secured. (9) In ~be event there shall be filed a bill to foreclose this Mortgage Deed, the plaintiff shall immediately and without notice be entitled to the appointment of a receiver for the mortgaged property and the rents, earnings, issues, and income and profits thereof, with the usual power of receivers in such cases, and such receiver may be continued in possession of said property and of said rents, earnings, ~ssues, income and profits of said propert~ during the pendency of such foreclosure suit, and the Mortgagor hereby specifically waives the right to object to such appointment and consents that such appointment shall be made as an admitted equity and ss a matter of absolute right to the Mortgagee, and without £eferenced to the adequacy or inadequacy of the value of the mortgaged property or to th~ solvency or l~solvency of the Mortgagor or any other party defendant tc such suit. (10) In the event the ownershl~ of the mortgaged premises, o= any part thereof, becflmos vested in a person other than the Hor~agor, the Mortgagee may, without notice to the Mortgagor, deal with such successor or successors in interest with reference to this Mortgage Dee4 end the debt hereby secured, in the same ~-ner as with the Mortgagor without in any way vitiating or discharging the Mortgager's liability hereunderi I mhw/real estate/2/fink ~ or... upon .the debt---~ ~nnn 2 7 zuua 061.2H 000'.6 5 hereb:~ .secured. Ho sale of the premises hereby ~tgaged and no ~o~~ce on the p~ o~ the ~gagee, and no ex~ension o~ ~he ~ ~or the pa~n~ o~ the deb~ thereby seared given ~r~gag~ sh~l o~ate to ~elease, d~sch~ge, m~y, change or ~ec~ the original li~ll~y of Mortgagor he~e~n et~her ~n whole or la (11) The lien of this Mortgage Deed secures and shall continue tO secure payment of said indebte~ness or indebtednesses, however evidenced, whether by said Note or any renewal or exteAsion thereof or substitute therefor, or otherwise, unt£1 all such indebtedness shall have been £ully paid. (12) This Mortgage shall inure to the benefit of, and shall bind, the heirs, legal representatives, successors and assigns of the Mortgagor and the Mortgagee respectively. (13) All improvements on the mortgaged property shall be kept 'insured to their full insurable value. Any policies of insurance shall be payable to the Mortgagor or Mortgagee as their interests may appear, and Mortgagor shall furnish a Certificate of Insurance to the Mortgagee. (14) The principal of the Mortgage Note secured by this Mortgage is FORTY HIGHT THOUSAND DOLLARS ($48,000.00). A copy of said Note is attached hereto and incorporated herein by reference. (15) THIS MORTGAGE AND NOTE AR~ E~ECUTED BY MORTGAGOR IN FAVOR OF MORT~A~-~ IN F. IKU OF A PF~FORMANCE AND SURETY BONO ON BEHALF OF ROPPBRT FILL AND GRADING COMPANY AS IT RELATES TO THAT EXISTING PERMIT NO. 82-J.1065 FOR THE OPERATION OF A MINING AND PIT OPERATION IN~OL~IHG THE REMOVAL OF 500,000 CUBIC YARDS OF DIRT Tw~I~DEHo MO~TGAGEH ACKNO~.~'ES THAT UPON THE SATISFACTORY COM~LETION OF SUCH MINING OPHRATION BY RUPPERT FILL AND GRADING COMPAB~ OR UPON TH~ POSTING OF A SATISFACTORY PERFORMANCE AND SURETY ~OHD ON BEHALP OF RUPPBRT FILL AND GRADING COMPANY IN THE BUM OF $50,000.00, THEN MORTGAGEE SH~r.r. pROMi~TLy EXECUTE AND DELIVER TO MORTGAGOR A SATISFACTION OF MORTGAGE FOR THIS MORTGAGE AHD NOTE. (Whene~er used herein the terns "Mortgagee" and "Mortgagor" include all the parties to this instrument and the heirs0 legal represen~ati~as and assigns of tndiv~duals, and the successors and assigns of the corporations.) IH WITNESS WKKP~OF, the said Mortgagor has hereunto set its hand and seal the day and year first above written. SFINK : ' ' . STATE OF ' '/""' - COUNTY OF I HEREBY CERTIFY that on this day before me, an officer duly au~horized In the State and County aforesaid to take acknowledgments, personally ~p~ared J~S FINK, to me kno~ to be the person described ~n and who exe~2ed the foregoing ~nstr~ents and ac~owl~dged before me that he ~ecuted the ~S my hand and official seal in ~he County .a~d s~ate last aforesaid th~s ~ ~ day of June, 1986. % ~ . : . STA~ OF I B~Y CERTIFY fha= on ~his day before me~ an office= duly authorized in ~he S~a~e aud County aforesaid to ~ake ac~led~en~s, personally ap~ared JO~ F. ~TIN, to me kno~ ~ be the ps=son described ~n and who execu2ed 2he foregoing ine~nts and ac~owledged befo=e me tha~ he ~ecu=ed ~he same. ~SS my hand and official seal in =he Coun2y l~t aforesaid ~his ~ day of June, 1986. STATE OP ! HERB~T CERTIFY that on this day before me, an officer duly authoriz~ ~n the State and ~unty aforesaid ~o ~e ac~l~ts, ~rsonally ap~ared L~ ~ATT BELL0 f/k/a ~ISB ~A~, to ~e kno~ to be ~e person deacribed in and who ~ted the foregoing lnst~ts and ac~owledged before me ~hat she exe~t~ the ~S m~ ~nd and official seal ~n the Co~ a~ State l~t aforesaid th~s ~? day of June, 1986. . ~ c~ss~on mhw/real estate/4/fink $48~OOO.OO Naples, Florida June !~ _, 1986 FOR VALUE I~C]~IVED, the undersigned promises to pay to ' BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA or or,er, in the manner hereinafter specified: THIS MORTC.,AGE AHD NOTE ARB F, XECUTED BY MORTGAGOR IN FAVOR OF MOL~fGAGEE IN LIEU OF A PERFORMANCE AND SURETY BOND ON B~HALF OF RUPPERT FILL AND GRADING COMPANY AS IT RELATES TO THAT EXISTING PERMIT NO. 82-J.1065 FOR THE OPERATION OF A M/NING AND PIT OPERATION INVOLVING THE RF~OVAL OF 500,000 CUBIC YARDS OF DIRT THEREUNDER. MORTGAGE~ ACKNOWLEDGES THAT UPON THE SATISFACTORY COMPLETION OF SUC~ MINING OPERATION BY RUPPERT FILL AND . GRADING COMPANY OR UPON THE POSTING OF A SATISFACTORY PERFORMANCE AND SUI~ETY BOND ON BEHALF OF RUPPERT FILL AND GRADING COMPANY IN THE SUM OF $50,000.00, THEN ~RT~GF~ SHALL PROMPTLY EX]~CUTE AND DELIVER TO MORTGAGOR A SATISFACTION OF MORTGAGE FOR THIS MORTGAGE AND NOTE. This note shall be cons~.-ued and enforced according to the laws of the S~ata of Florida. If default be made in the payment of any of the sums or interest ~ent~oned herein, said principal sum and accrued interest shall both bear interest from such time until paid at the highest rate allowable --der the laws of the State of Florida. F~¢b person liable hereon whether make or endo=ser, hereby waives present~entt protest, notice, notice of protest and no=~-ce o£ dishonor and agrees to pay all costs, including a reasonable attorneyts £ee, whether suit oe brought or not, if, after maturity of this note or default hereunder, counsel shall be employed to collect this note. In the event of default for forty-five (45) days in thc perfoz~a~ce o£ the terms of this Note, then it shall be optional with ~he Payee to consider this Note as immediately due and payable~ without d~-~-d, and without notice or declaration of sai-I option, ~nd Payee shall have the right forthwith to institute proce~dings to enforce the collection of all monies secured hereby and/or to foreclose the lien hereof. This Note in execute~ without recourse as the holder shall look solely to the property as security for payment and not to the individual ~ake=s hereunder. Nhe~ever used herein the terms 'holder', 'maker' and 'payee~ shall be construed In the singular or plural as the context may require or admit. ~__ MARTIN T BELLO f/~/e ....... LYNNB LOUISE HYATT mhw/real estate/5/fink ,, I.',,-:,i 2 7 ,:u,J3 De?elopment ~ervices Deparlmenl Community Developmenl Division I Collier County Government 2aoo North Horseshoe Drive I Naples, FL 33~42-6917 Phone: 613 1 ~43~4g0 COMPLIANCE SERVICES January 24, 1992 Robert Lockhart Lockhart Engineering 1361 Lakeshore Drive Naples, Florida 33940 SUBJECT: Excavation Permit No. 59.145 "Marco Woods" Section 29, Township 51 South, Range 27 East Collier County, Florida Dear Mr. Lockhart: We have reviewed the "as-built" lake cross-sections provided our office by Lockhart Eng., Inc. and have field-inspected the excavation project. Our findings indicate that the excavation was performed in substantial conformance with the approved plans and conditions of the Excavation Ordinance. Therefore, we are granting final approval of this project; and, by a copy of this letter, we are releasing the Mortgage Note, in the amount of $48,000.00 that was posted by Lynne Louise Hyatt to guarantee completion of the work. We thank you for your cooperation in successfully completing this excavation. Please do not hesitate to contact our office if we can be of any assistance in the future. Sincerely, C lyd'~ Fu6ate Engineering Inspections Supervisor CF/jp Attachment Copy of Security cc: Maureen Kenyon, Clerk of the Board Edward T. Maguire, P.E., Development Compliance Supervisor Stephanie R. Smith, P.E., Plan Review Services File NAME: OFFICE OF TItE CO UNTT A TTO~I~VE~ COLLIER COUNTY, FLORIDA ' ADDR~-~: 3301 E.,TAMIAMI TRAIL H. TURNER BLDG., 8r~ I~OOR NAPLES, FL 34112 PARCEL I.D. # 00775360004 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA SATISFACTION OF MORTGAGE 1"1' IS HEREBY ACKNOWLEDGED THAT IN RECOGNITION OF SATISFAC'r[ON FOR. PERFORMANCE OF A MORTGAGE, THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELEASES THE MORTGAGE NOTE RECORDED AT OFF[C. AL RECORDS BOOK 1206, PAGE 687 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ON THE PROPERTY DESCRIBED AS FOLLOWS: THE SOUTH ONE-HALF (S1/2) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 30, TOWNSHIP S1 SOUTH, RANGE 27 EAST, ACCORDING TO OFFICIAL RECORDS BOOK 1470, PAGE 242 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLOR/DA. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, Chairman Approved as to form and sufficienc'y: I~atr-ic~k G.'W-h ~e ...... Assistant County Attorney AGENDA IT,,~M-'"]_.. NO. ~ Pg._ ~ -- EXECUTIVE SUMMARY APPROVAL OF THE SATISFACTION OF LIEN FOR CODE ENFORCEMENT BOARD CASE NO.'S: 2002-026; 2002-023; 2001-080; 2002-020 AND 2002-036 OBJECTIVE: To approve the Satisfaction of Lien in Code Enforcement Board in the following cases listed below: 1. 2002-026 styled Board of County Commissioners vs. Joseph and Ida Cannistraci, Rick Johnson, Individually, R.A. Johnson Inc. d/b/a Rick Johnson Auto and Tire, Richard A. Johnson Sr., as its Registered Agent and Richard A. Johnson as its President. Violation found by the Code Enforcement Board on November 18, 2001, was failure to maintain PUD required landscaping. 2. 2002-023 styled Board of County Commissioners vs. Katrina Furth-Nead, Registered Agent, Brown, Noltmeyer Co., Naples, Holdings, L.L.C. Violation found by the Code Enforcement Board on September 26, 2002, was failure to maintain and remove prohibited exotics from property. 3. 2001-080 styled Board of County Commissioners vs. Sidney John Hubschman. Violation found by the Code Enforcement Board on October 25, 2001, was failure to remove and maintain prohibited exotics from property. 4. 2002-020 styled Board of County Commissioners vs. Ronald R. Gleichman. Violation found by the Code Enforcement Board on August 22, 2002, was failure to obtain required building permits before erecting an accessory structure on property. 5. 2002-036 styled Board of County Commissioners vs. Estate of William J. Zuccaro and Eileen Sitak, as its Personal Representative. Violation found by the Code Enforcement Board on December 16, 2002, was failure to maintain miniumum housing requirements of property. CONSIDERATION: All requirements have been met in the below styled cases and Satisfaction of Liens are in order for the following: 2. 2002-023; On September 26, 2002 a public hearing was heard before the Enforcement Board regarding violation of Sections 3.9.6.6 and 2.4.4 (1-12) of Ordinance 1. 2002-026; On November 18, 2002 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 One Thousand Two Hundred Thirty Dollars and Seventy Cents ($1230.70) for the operational costs incurred in this case was approved by the Code Enforcement Board on January 23, 2003. The violation had been abated before fines began to accrue. Said Lien was recorded in Official Record Book 3208 Page 2205 through 2207 in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of November 26, 2002 indicating compliance with the Order of the Code Enforcement Board. On April 22, 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. Io. l NAY 2 ? 2003. 102, as amended of the Collier County Land Development Code and Ordinance No. 95-77, Section 6, 9(E). An Order Imposing Fines/Costs in the amount of One Thousand Three Hundred Six Dollars and Seventy Five Cents ($1306.75) for the operational costs incurred in this case was approved by the Code Enforcement Board on January 23, 2003. The violation had been abated before fines began to accrue. Said Lien was recorded in Official Record Book 3208 Page 2202 through 2204 in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of December 16, 2002 indicating compliance with the Order of the Code Enforcement Board. On April 22, 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. 2001-080; On October 25, 2001 a public hearing was heard before the Code Enforcement Board regarding violation of Section 3.9.6.6.6 of Ordinance No. 91-102, as amended, the Collier County Land Development Code. An Order Imposing Fines/Costs in the amount of Seven Thousand Two Hundred and Seventy Five Dollars ($7,275.00) for the fines and the operational costs incurred in the prosecution of this case was approved by the Code Enforcement Board on December 17, 2001. Said Lien was recorded in Official Record Book 2949 Page 0080 through 0086 and re-recorded in Official Record Book 2949 Page 0219 through Page 0225 in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of April 5, 2002 indicating compliance with the Order of the Code Enforcement Board. On April 22, 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. 2002-020; On August 22, 2002 a public hearing was heard before the Code Enforcement Board regarding violation of Section 2.7.6.1 and 2.7.6.5 of Ordinance No. 91-102, as amended, the Collier County Land Development Code and Section 104.1.5.1 of Ordinance No. 98-76, as amended, entitled Collier County Administrative Construction Code. An Order Imposing Fines/Costs in the amount of Three Thousand One Hundred and Sixty Six Dollars ($3,166.00) for the fines and operatioanl costs incurred in the prosecution of this case was approved by the Code Enforcement Board on October 30, 2002. Said Lien was recorded in Official Record Book 3012 Page 2962 through 2968 and re-recorded in Official Record Book 3162 Page 0094 through 0096 and re-recorded at O.R. Book 3162 Page 0118 through 0120 in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of November 8, 2002 indicating compliance with the Order of the Code Enforcement Board. On April 22, 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. 5. 2002-036; On December 16, 2002 a public hearing was heard before the Code Enforcement Board regarding violation of Ordinance No. 2002-01, adopting the Florida Building Codes and amendign Chapter 1, Section 101.4.9.2. An Order Imposing Fines/Costs in the amount of One Thousand Two Hundred and Fifty Four Dollars and Seventy Cents ($1,254.70) for the operational costs incurred in the prosecution of this case was approved by the Code Enforcement Board on March 28, 2003. The violation was abated before fines began to accrue. Said Lien was recorded in Official Record Book 3259 Page 0286 through 0288 in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of On April March 12, 2003 indicating compliance with the Order of the Code Enforcement Board. 22, 2003 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in or requirements have been met in this case. 2 A ~GE~ITSM "' MAY 2 ? ?003 FISCAL IMPACT: The fiscal impact related to recording in the amount of Thirty-Five Dollars ($35.00) ($7.00 x 5 Satisfaction of Liens). This cost will be paid by Code Enforcement 111- 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: REVIEWED BY: SUBMITTED BY: APPROVED BY: Shanelle Hilton .,' ,y~..; __"~ //~'~.,..,...,_,~ Date: J~et Powers, Operations Manager phK. Schn~'~, Administra{or HAY27 i 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 One Thousand Two Hundred and Thirty Dollars and Seventy Cents ($1,230.70), arising out of the Code Enforcement Board Order Imposing Fine/Costs/Lien dated January 23, 2003 recorded in O.R. Book 3208 Page 2205 through 2207, 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 Joseph and Ida Cannistraci, R.A. Johnson, Inc., d/b/a Rick Johnson Auto & Tire, Richard A. Johnson, Sr., as its Registered Agent, and Richard A. Johnson, as its President and individually, has been satisfied in full. Lot 1, Block 73, Golden Gate Unit 2, Part 1, according to the plat thereof, as recorded in Plat Book 9, Page 116 through 120, inclusive of the Public Records of Collier County, Florida. Folio No. 0035831840006 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 Joseph and Ida Cannistmci, R.A. Johnson, Inc., d/b/a Rick Johnson Auto & Tire, Richard A. Johnson, Sr., as its Registered Agent, and Richard A. Johnson, as its President and individually, and consents to this lien being discharged of record. Dated this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk Approved as to form Ellen T. Chadwell Assistant County Attorney TOM HENNING, Chairman I A¥ 2 ? 2OO3 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 One Thousand Three Hundred and Six Dollars and Seventy Five Cents ($1,306.75), arising out of the Code Enforcement Board Order Imposing Fine/Costs/Lien dated January 23, 2003 recorded in O.R. Book 3208 Page 2202 through 2204, 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 Brown, Noltmeyer Co., Naples Holdings LLC, a Florida Limited Liability Company and Katrina Furth-Nead as its registered agent has been satisfied in full. All of Leawood Lakes, a subdivision according to the plat thereof, as recorded in Plat Book 24, Pages 62 through 64, inclusive, of the Public Records of Collier County, Florida. Less and except Lots 2, 3, 5, 51, 64, 66, 67, 129, 201,203, and 206 of said LEAWOOD LAKES. Less and except Leawood Lane, Leawood Circle, and that portion of Tract "J" labeled "15" C.U.E. of said LEAWOOD LAKES, Plat. Folio No. 000400720003 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 Brown, Noltmeyer Co., Naples Holdings LLC, a Florida Limited Liability Company, and Katrina Furth-Nead, as its registered agent, and consents to this lien being discharged of record. Dated this day of ,2003. AT'FEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: TOM HENNING, Chairman Approved as to form A~gal sufficiency: JEllen T. Chadweli Assistant County Attorney MAY L? This instrument prepared by: Janet Poxxers. Operations Manager Code Enforcement 2800 N. ttorseshoe Drive Naples. Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Seven Thousand Two Hundred and Seventy Five Dollars ($7,275.00), arising out of the Code Enforcement Board Order Imposing Fine/Costs/Lien dated December 21, 2001 recorded in O.R. Book 2949 Page 0080 through 0086, and re-recorded at O.R. Book 2949 Page 0219 through 0225 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 Sidney John Hubschman has been satisfied in full. West half of the East 323.15 of the West 646.79 feet of the South half of the South half of the Southeast quarter of Section 23, Township 49 South, Range 25 East, less the North 30 feet, for road right of way purposes, also known as the West half of Lot 18, Colonial Acres. Folio No. 30550000054 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and ali other real and personal property owned by Sidney John Hubschman and consents to this lien being discharged of record. Dated this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: Approved as to form 7~..x.gal s~ficiency~ ~Eilen T. Chadweil Assistant County Attorney TOM HENNING, Chairman NAY 2 7 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 Three Thousand One Hundred and Sixty Six Dollars ($3,166.00), arising out of the Code Enforcement Board Order Imposing Fine/Costs/Lien dated October 30, 2002 recorded in O.R. Book 3162 Page 0094 through 0096 and re-recorded at O.R. Book 3162 Page 0118 through 0120, 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 Ronald R. Gleichman, has been satisfied in full. The Westerly 12 ½ feet of Lot 14 and the Easterly 25 feet of Lot 15, Block 37, Naples Park Subdivision, Unit 6, according to the plat thereof, of record in Plat Book 3, Page 15, of the Public Records of Collier County, Florida. Folio No.' 62833240004 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 Ronald R. Gleichman, and consents to this lien being discharged of record. Dated this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR[DA , Deputy Clerk Approved as to form Ellen T. Chadwell Assistant County Attorney By: TOM HENNING, Chairman MAY 2 7 2003 This instrument prepared by: Janel 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 One Thousand Two Hundred and Fifty Four Dollars and Seventy Cents ($1,254.70), arising out of the Code Enforcement Board Order Imposing Fine/Costs/Lien dated March 28, 2003 recorded in O.R. Book 3259 Page 0286 through 0288, 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 the Estate of William J. Zuccaro and Eileen Sitak, as its Personal Representative, has been satisfied in full. Lot 1, LELY COUNTRY CLUB, Palmetto Dunes Section, according to the plat in Plat Book 12, Page 99, of the Public Records of Collier County, Florida. Folio No. 55250040001 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 the Estate of William J. Zuccaro and Eileen Sitak, as its Personal Representative, and consents to this lien being discharged of record. Dated this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk Approved as to form A3f~..egal sufficiency: '.-.~"~en T. Chadwell Assistant County Attorney By: TONI HENN[NG, Chairman MAY 27 2003 EXECUTIVE SUMMARy, APPROVE A BUDGET AMENDMENT RECOGNIZING THE FISCAL YEAR 2004 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM ALLOCATION AND BUDGET. OBJECTIVE: To recognize the FY 2004 SHIP Program budget coinciding with the State's fiscal year. CONSIDERATION: The County's SHIP Program is funded, disbursed, and monitored by the State of Florida. The State's fiscal year runs from July 1st through June 30th. This Budget amendment recognizes the FY2004 SHIP budget to coincide and operate on the State's fiscal year (July 1, 2003- June 30, 2004). The SHIP Program uses the State' fiscal year system in order to facilitate reporting and expenditure requirements to the State. FISCAL IMPACT: This budget amendment will put the SHIP Program budget in place on July 1, 2003. The total FY 2004 SHIP program budget is $3,417,600. GROWTH MANAGEMENT IMPACT: Approval of this Budget Amendment will facilitate the monitoring and reporting requirements of the SHIP Program and fund the Financial Administration and Housing Department to accomplish the goals set forth in the Housing Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the attached Budget Amendment. ~ormac J. Giblin, Housing Development Manager ~'mancial ~dyfinis~'on and Housing Dep__artmqnt ! REVIEWED BY: /~~, (-~)~'--~ Date: Denton Baker, Director Financial Ad~n~ and Housing Department BY: APPROVED fl J~h~itt, A~tor  Community Development and Environmental Services Division MAY 2 7 2003 zO ~ 0 ~ ~o~ , 0 , ' "': 00::° > C t ]0 c~ O-.mm ;=-i ! '-', z c---: : z~ oz : ,~ [ : ,., ..... ~, ,.l: l~ .... ~ ~,.,. II,,..., .__. : , : ,. .... .,,, .,,, ~,,, .,,,....~ ~ ,,, ..~..,,,.,:, -, ,.-__..,el,.. _ , _s_~§{}§ , ,: I ' ! L[ ~,[ !1,~[! ,, oooo ...... ooo o ,ooooooooo Ill Ifil : ' I! , i ~ - ~-- o 8 EXECUTIVE SUMMARY,, Approval of the Satisfaction of Lien for Case No. 2003-02 styled Board of County Commissioners Collier County, Florida vs. Ail Brothers Painting, Inc., a Florida Corporation violation of Ordinances No. 99-51 ,as successor to Ordinance No. 91-47, as amended of the Collier County Land Development Code. ~ To approve and authorize the Satisfaction of Lien in Case No. 2003-02 styled Board of County Commissioners Collier County, Florida vs. All Brothers Painting, Inc., a Florida Corporation. CONSIDERATION: On or about January 14, 2003 a public heating was heard before the Board of County Commissioners regarding violation of Ordiance No. 99-51 as successor to Ordinance No. 91-47, as amended of the Collier County Land Development Code. Resolution No. 2003-02 was recorded in the Official Records Book 3212 pages 2411, et. seq. On April 25, 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 Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. 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 Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. Shanelle Hilton REVIEWED BY: :--- I f '" '- Date: ~' t & c 13 Jane~ Powers, Operations Manager l~icbelle Arnold; Code Fz~I'orcement Director  /~eph K. Scl~n~'tt, Administ/rator I~ }b/~ .'~ MAY 2 ? 2 03 n. / 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 Hundred and Fifty Five Dollars ($255.00), arising out of the Board of County Commissioners Resolution No. 2003-02 dated January 14, 2003, recorded in O.R. Book 3212, Pages 2411, et. seq., 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 All Brothers Painting, Inc., a Florida Corporation has been satisfied in full. Lot 1, of the unrecorded plat of PLANTATION ISLAND MOBILE HOME SITES, Unit No. 3, located in Section 24, Township 53 South. Range 29 East, Tallahassee Meridian, Collier County, Florida. From the Northwest corner of said Section 24 South, 87° 32' 20" East, along the North line of said Section 24, for 467.98 feet; thence South 2° 27' 40" West 210 feet; thence South 87° 32' 20" East, 1.608.08 feet; thence North 2° 27' 40" East 60.04 feet to the Point of the Beginning; Thence North 87° 32' 20" West 73.80 feet; thence North 2° 27' 40" East 100 feet; thence South 87° 32' 20" East 45.93 feet to the Point of Curvature; thence along the arc of a curve concave to the Southwest 38.32 feet having a radius of 25 feet angle of 90 degrees; thence South 0° 17' 0" West 76 feet to the Point of Beginning. Folio No. 1210080000 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 All Brothers Painting, Inc., a Florida Corporation, and consents to this lien being discharged of record. Dated this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk TOM H~ENNING, Chairman Approved as to form And legal sufficiency: Thom~a~' C. P~lm[r Assistant County Attorney 2O03 EXECUTIVE SUMMARY APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS OF THE AGREEMENT BETWEEN COLLIER cOUNTY AND THE COLLIER coUNTY HUNGER AND HOMELESS COALITION DESIGNATING COLLIER COUNTY AS THE LEAD AGENCY FOR THE ANNUAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) CONTINUUM OF CARE GRANT APPLICATION, AUTHORIZING CONSOLIDATED APPLICATION SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AUTHORIZING THE CHAIRMAN OF THE BCC TO SIGN AGREEMENT ON BEHALF OF THE COUNTY, AND PROVIDING FOR AN EFFECTIVE DATE. The CDES Financial Administration and Housing Department (FAH) is requesting approval from the Board of County Commissioners of the attached three year agreement with the Hunger and Homeless Coalition designating Collier County as Lead Agency for the annual HUD Continuum of Care (CoC) grant application process. CONSIDERATIONS: At it's January 28, 2003 meeting, the BCC gave approval for the County to enter into such an agreement. In fiscal 2003 Collier County expects to receive some $3.5 million in entitlement funds from HUD. This grant process requires that entitlement communities must include in the Consolidated Plan and yearly action plans current statistical information and community service plans describing its responsiveness to the needs of its homeless and at-risk of homelessness population. This work, which is already required by HUD relative to the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Consolidated Plan, represents a substantial portion of the work associated with being the Lead Agency. Our participation in this role provides improved access to HUD required information as well as a more informative understanding of our community's needs and issues as they relate to our homeless and working poor population. FISCAL IMPACT: HUD awarded the ~ollier County CoC $801,000 in 2001 and $566,000 in 2002. Collier County (FAH) will receive 2.5% of future awards for administration as allowable per HUD regulations. These funds have no effect on ad valorem or general fund dollars. ,~,1~ fll~l . MAY 2 7_ 2003 GROWTH MANAGEMENT IMPACT: This request has no effect on the County's Growth Management Plan. RECOMMENDATION: The Board of County Commissioners approve the three year agreement with the CCHHC designating the County as CoC Lead Agency beginning with the 2003 submittal to HUD. B y~.l~~--~ _ Date:~- ~3" 1~-~ SUBMIT'FED 'jane'~n Pe'rs;n-Coale, HUD Grant Coordinator Finarlcial-- Administration and Housing ~~---,,~'-~'~ Date: REVIEWED BY: Lee ~ombs, HUD/Fe~[al Grants Manager Fi~r~ ~d Housing REVIEWED BY: H. Denton Baker, Director By. ~~.. -~d~~~-~_~~ng Date: APPROVED ' ~s~ ~.-Schm~t,'Ad~inist~or /  m~ity D~elopment & Environmental Services 2. COPY 'Lead Agency' Agreement Between COLLIER COUNTY BOARD OF COMMISSIONERS & COLLIER COUNTY HUNGER AND HOMELESS COALITION Effective Date: May 27~ 2003 Providing for SUPPORTIVE HOUSING PROGRAMS, SHELTER PLUS CARE, SINGLE ROOM OCCUPANCY, OPERATIONS, AND ADMINISTRATION PROJECTS Of the HUD CONTINUUM OF CARE HOMELESS ASSISTANCE PROGRAM This Agreement is entered into this day of ,2003, by and between: COLLIER COUNTY, a political subdivision of the state of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of COUNTY' Commissioners, Collier COUNTY Hunger & Homeless COALITION, a 501 (c) (3) nonprofit organization, its successors and assigns, hereinafter referred to as "COALITION", and Grantees, their successors and assigns, hereinaRer referred to as "PROJECT SPONSOR (S)." WHEREAS, Collier COUNTY has entered into an agreement with the COALITION to act as the Lead Agency for the Continuum of Care (CoC) for the execution of an Exhibit ! grant, oversight of the development of Exhibit II grants and if awarded, the fiscal management and monitoring of all projects awarded funding under the CoC from the U.S. Department of Housing and Urban Development (HUD) and the state of Florida Homeless Challenge and Housing Assistance Grants; and WHEREAS, pursuant to the aforesaid agreement, Collier COUNTY is undertaking certain activities to primarily benefit homeless men, women and children and to alternatively use CoC funds for such uses as specified by HUD in the awarding of CoC funds; and WHEREAS, pursuant to Florida Statutes Section 420.624 (4), and HUD CoC Notice of Funding Availability CNOFA), each community such as the COUNTY must designate a lead agency that will serve as the point of contact and accountability of CoC grants; and WHEREAS, Collier COUNTY and the COALITION entered into an agreement which designates Collier COUNTY as the CoC Lead Agency on behalf of the COALITION; and WHEREAS, Collier COUNTY and the COALITION intend to implement such undertaking of the CoC Grant Program as a worthwhile public purpose for a period of three (3) years beginning with the 2003 HUD CoC NOFA submission through the 2005 HUD CoC NOFA submission with a review of the process performance to be undertaken by the COUNTY and COALITION to mutually determine the future of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the Parties hereto agree as follows: I. Scope of Services: Ao The COUNTY agrees to the following: i. Financial Administration and Housing (FAIl) Departme ~t ntafF,xtill ho responsible for the preparation and submission, inclu lingNo.~~:M MAY 2 ? 2003 therein, of the annual CoC Exhibit I application to HUD with the active assistance of the COALITION Coordinator. In the absence of a Coordinator, the CoC Committee Chair or her/his designee will be responsible for providing active assistance to FAH Department staff in the preparation of the CoC Exhibit I. ii. Collier COI. INTY will submit the CoC Grant Application Package to HUD as a Consolidated Application in accordance with 24 Code of Federal Regulations (CFR) Part V and section 426 of the McKinney Act (42 U.S.C. 11386). 111. Per the U.S. 24 CFR at 583.135 (a)(b), the FAIl Department will split by fifty percent (50%) the administrative fee of five percent for administrative costs associated with the CoC application with each grantee. These costs include the costs associated with accounting for the use of grant funds, preparing reports for submission to HUD, obtaining program audits, similar costs related to administering the grant after the award, and staff salaries associated with these administrative costs. iv. Collier County FAH Department, as the Lead Agency, will assume all responsibilities set forth by HUD for the follow-up, regulation, and monitoring of CoC grant recipients commencing with the 2003 CoC application submission. All activities undertaken for such Project(s) shall be in accordance with HUD rules and regulations, including but not limited to compliance with Title IV of the Stewart B. McKinney Homeless Assistance Act (The McKinney Act, 42 U.S.C. 11381- 11389) and the general HUD requirements of 24 CFR Part V and specific requirements of 24 CFR Part 583. It will be the responsibility of the COALITION to follow-up and monitor all applicable CoC grant recipients prior to the 2003 application award in accordance with HUD rules and regulations, including but not limited to compliance with Title IV of the Stewart B. McKinney Homeless Assistance Act (The McKinney Act, 42 U.S.C. 11381-11389) and the general HUD requirements of 24 CFR Part V and specific requirements of 24 CFR Part 583. vi. FAH Department COUNTY staff will be responsible for the preparation and submission, including all costs therein, of the State of Florida Homeless Challenge and Housing Assistance Grants (HAG) issued by the Florida Office on Homelessness and through the Department of Children and Families, as require submission by the CoC Lead Agency, w~ assistance of the COALITION Coordinator. In the Coordinator, the CoC Committee Chair or her/his de administered long as these :h the active abse~l~. '~' ,, ;ign~Ng, will ~e l~/n/ MAY 2 7 2003 ~., ~' vii. viii. responsible for providing active assistance to FAH Department staff in the preparation of the State Challenge and Housing Assistance Grants. Per State Office on Homelessness guidelines, the FAH Department will split by fffiy percent (50%) any allowable administrative fees associated with the receipt of State Challenge or HAG grants with each grantee. FAH staff will continue to attend and participate in COALITION meetings to help facilitate communication of CoC goals and objectives to COALITION membership, explain the CoC project application eligibility requirements and provide technical assistance to COALITION applicants where appropriate. FAH staff will also assist the COALITION Coordinator and CoC Committee Chair in the facilitation of CoC meetings; setting of CoC meeting agendas; documentation of CoC accomplishments and communication of CoC information to COALITION members. B. The COALITION agrees to the following: The COALITION will select a member to act as the CoC Committee Chair to work collaboratively with the COALITION Coordinator and FAH staff to facilitate CoC meetings; set and document CoC goals and objectives for inclusion in the Exhibit I application; make presentations at monthly Hunger & Homeless COALITION meetings about the CoC process and generally be available to answer questions and provide assistance to COALITION members participating in the CoC process. The term of this position is at the discretion of the COALITION, but it is recommended the minimum tenure be for one CoC fiscal year. ii. The COALITION Coordinator, COALITION Chair, and' CoC Committee Chair will work proactively with FAH staff to communicate the importance of the CoC process to COALITION members as well as to solicit member participation in the CoC committee process and the submission of eligible projects for annual submission to HUD 111. This proposal ONLY applies to the preparation and submission of the Exhibit I portion of the CoC application. The preparation, and all costs therein, as well as any submission costs of individual Exhibit II applications, will be the sole responsibility of the applicant organization. It will further be the sole responsibility of all Exhibit II applicant organizations to ensure the completeness am timeliness of MAY 2 7 2003 n, 3(X their individual applications to the CoC review committee by established process deadlines. iv. vi. Per HUD guidelines, the CoC grant application review committee, which is appointed by the CoC Committee, will review and rank all eligible Exhibit II applications prior to submission to the BCC and HUD. Once this process is completed, it is this final recommendation that will go to the Board of COUNTY Commissioners (BCC) for approval before final submission of the complete application package to HUD. The submission to the BCC requires an application process timeline that allows for BCC approval in sufficient time to meet the HUD deadline. Therefore, the local deadline for CoC Exhibit II application submissions to the CoC Review Committee will be determined based upon the HUD deadline and BCC meeting schedule. All Exhibit II applications not submitted to the local CoC Review Committee by the deadline established by the Lead Agency will not be accepted. vii. COALITION through the CoC Committee shall be responsible to inform affected persons of the benefits, policies and procedures provided for under HUD rules and regulations making all CoC applicants aware that all CoC funded activities must be carried out in accordance with HUD rules and regulations, including but not limited to compliance with Title IV of the Stewart B. McKinney Homeless Assistance Act (The McKinney Act, 42 U.S.C. 11381-11389) and the general HUD requirements of 24 CFR Part V and specific requirements of 24 CFR 583. State Challenge and Housing Assistance Applications once completed will be presented to the COALITION Steering Committee for review and approval. Once these are approved, these applications will go to the BCC for approval prior to final submission to the State Office on Homelessness. The submission to the BCC requires an application process timeline that allows for BCC approval in sufficient time to meet the State deadline. Therefore, the local deadline for State Challenge and HAG application submissions to the COALITION Steering Committee will be determined based upon the State deadline and BCC meeting schedule. Any Challenge and HAG application information not submitted to the Lead Agency by its' established deadline will not be accepted or incorporated into these grant applications. In the circumstance that there are no eligible Exhibit II applications presented to the CoC Committee by the first establishe~ de~rtllno will be the responsibility of the CoC Committee with the IdAY 2 ? Vlll. ix. xi. the FAH Department to actively pursue eligible applicants and offer technical assistance to them in developing an eligible application. If no qualified applicants come forward, the CoC Committee will need to notify the COALITION that no CoC application will be submitted to HUD and the membership must be apprised of the potential consequences, if any. The COALITION through the CoC Committee will still be required to complete some annual Exhibit I components, specifically the Homeless Census, gaps analysis, and HMIS implementation, coordination, and management. There are currently committees of the COALITION that are responsible for the annual Homeless Count activity as well as the development of the HMIS system as part of the overall CoC process. This proposal includes no changes to the current responsibility for these components or any activities necessary to fulfill the requirements of these components as they relate to the CoC application process. CoC Project Sponsors (grantees) shall agree to participate in the COALITION HMIS once implemented and designated as the client information collection and data exchange system, per HUD guidelines. Once the Collier HMIS Network is fully functional, PROJECT SPONSOR (S) shall share certain client information, upon written authorization of client, with other homeless continuum of care and human services providers in the Collier I-t2MIS Network as is determined by the COALITION HMIS Committee. COALITION and Project Sponsor (s) shall provide any and all client information and reports required by COUNTY in order to measure outcomes and obtain administrative data for inclusion in the Annual Action Plan and five-year Consolidated Plan as well as any other reporting that may be required by HUD. COALITION shall annually provide to COUNTY a listing 'of its current Board of Directors (Steering Committee) with terms and current contact information, which shall be updated as the membership changes. CoC Project Sponsor(s) agrees to provide COUNTY with all appropriate supporting documentation to substantiate the funds used. All funds shall be expended in accordance with the terms of this Agreement and all rules and regulations of HUD pertaining to CoC funding, as well as any other applicable County or State laws or regulations. ' MAY 2 7.20O3 II. INDEMNIFICATION: COALITION shall at all times hereafter indemnify, hold harmless and, at the County Attorney's option, defend or pay for an attorney selected by the 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 act, omission or negligence of PROJECT SPONSOR (S), 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 COUNTY FAH Department staff and the County Attorney, any sums due PROJECT SPONSOR 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. III. TERM OF AGREEMENT: The term of this Agreement shall begin on the date it is fully executed by COUNTY and COALITION ending in three (3) years with the submission of' the 2005 CoC application. At that time, a mutually agreed upon review of the collaboration to date would be completed with a goal to determine if, this Agreement will be continued. IV. TERMINATION: This Agreement is subject to the availability of funds. Should funds no longer be available from HUD, this Agreement shall terminate upon no less than thirty (30) days notice in ~vriting to PROJECT SPONSOR. Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. COUNTY shall be the final authority as to the availability of funds. V. CONFLICT OF INTEREST: PROJECT SPONSOR (S) covenants that no person who presently exercises any functions or responsibilities in connection with the Project (s) has any personal financial interest, for one (1) year thereaRer. Any possible conflicting interest on the part of PROJECT SPONSOR (S), its employees, or agents, shall be disclosed in writing to the COUNTY. VI. SEVERABILITY OF PROVISIONS: 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 will continue to be effective unless COUNTY or PROJECT SPONSOR (S) elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. VII. ENTIRE UNDERSTANDING: This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. MAY 2 ?. WITNESS our Hands and Seals on this day of ,2003. COLLIER COUNTY HUNGER & HOMELESS COALITION (CORPORATE SEAL) BY: BY: / -alMa4 Soucek, Chair' ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA By:_ Deputy Clerk By: TOM HENNING, CHAIRMAN Approved as to form and .-lega~l sufficieqcy: Pati-ick G. 'White Assistant County Attorney G:\Other Grants\200203CoC\LeadAgency\County CCHHC Agreement 3-25-03.doc HAY 2 7 2003 7' 10 EXECUTIVE SUMMARY AUTHORIZE ASSISTANT COUNTY ATTORNEY TO BID ON BEHALF OF COUNTY AT FORECLOSURE (CODE ENFORCEMENT LIEN) SALE SCHEDULED BY THE CLERK IN BOARD OF COUNTY COMMISSIONERS v. LORRAINE BURGESS, CASE NO. 02-0848-CA, FOR JUNE 3, 2003. OBJECTIVE: To obtain the Board's authorization for the undersigned Assistant County Attorney to bid on property to be sold at a code enforcement lien foreclosure sale as a result of a Summary Final Judgment in favor of the County in Collier County v. Lorraine Burgess, Circuit Court Case No. 02-0848-CA. CONSIDERATIONS: An action was filed on March 1, 2002 to foreclose a code enforcement lien imposed against real property owned by Lorraine Burgess located at 249 Brockington Drive, Copeland in the unincorporated area of Collier County. A Summary Final Judgment in favor of the County was entered by the court on May 5, 2003, in the total amount of $63,100.00, and foreclosing the interest of all defendants or persons claiming through said defendants upon public sale of the property by the Clerk. A copy of the signed Summary Final Judgment is attached hereto. The public sale will be scheduled within 45 days of the Summary Final Judgment and will be advertised and conducted in accordance with Florida law. There exists on the property one unpermitted mobile home. The property owner has failed to apply for and obtain the necessary building permits for this structure. Consequently, the County desires to obtain title to the property in order to abate the remaining violation. Thereafter the property can be sold as surplus property. The County, however, will be required to enter a bid at the sale in order to obtain title to the property, and the undersigned will need authority to bid on the property. The County may bid up to the amount of its judgment ($63,100.00) and receive credit against the judgment for its bid. Consequently there is no expenditure by the County except payment of the clerk's fee of $40.00, the cost of advertising the sale, and a garbage assessment in the amount of $127.27, which costs must be paid at the time of sale. Staff recommends acquiring the property in order to insure that the violations are corrected and con'ected in a timely manner. The County should be able to recoup these cleanup costs, as well as costs associated with the acquisition of this property, upon re-sale of the property. FISCAL IMPACT: Not to exceed $400.00 from "Code Enforcement, GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact Associated with this Executive Summary. Pg.__ I RECOMMENDATION: That the Board of County Commissioners: Authorize the Office of County Attorney, in particular, the undersigned Assistant County Attorney, to bid on the subject property up to the amount of its final judgment at the foreclosure sale; and Accept title to the property and authorize recording of title, upon confirmation of the sale by the Clerk and issuance of a Certificate of Title; and Authorize staff to pay any fees or expenses associated with the sale and recording of the Certificate of Title, including the payment of garbage assessment; and Authorize staff to take necessary measures to abate the existing violations on the property and to thereafter surplus and sell the properly in accordance with state and local laws. Ellen T. Chadwell Assistant County Attorney REVIEWED BY: t' ~ "-----~ Michelle Edwards Arnold, Director Code Enforcement Department APPROVED BY:?ofleph K. Schmi, tt, Admivfistrato fl~ommunity De~ elopment & Environmental (./Services Division APPROVED BY'(~'~.~ - ~~m ~ ~F' ~)aX~vid C. Weigel, Cou~[y A~t0{n~'°'~ -- Date: Date: Date: Date: 2 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION COLLIER COUNTY, a political Subdivision of the State of Florida, Plaintiff, V. LORRAINE BURGESS, any tenants/persons in possession, and any unknown heirs, devisees, grantees, creditors, and other unknown persons or unknown spouses claiming by, through and' under the above-named Defendant, CASE NO. 02-848-CA Defendants. FINAL SUM~MARY JUDGMENT THIS CAUSE having come before the Court on May 5,2003, upon Plaintiff, Collier County's, Motion For Final Summary Judgment of foreclosure, and the Court having reviewed the pleadings and affidavits, having heard argument of counsel, and being otherwise fully advised in the premises, finds as follows: A. The Defendants, LORRAINE BURGESS, UNKNOWN TENANT N/K/A GLORIA ANN THOMAS, UNKNOWN TENANT N/IGA LINDELL McFADDEN,' UNKNOWN TENANT N/K/A RICHARD BURGESS, and UNKNOWN TENANT N/K/A DF, BRA STOCKNER, were each personally and properly served and the Court has jurisdiction over the parties and over the subject matter of this action. B. Defendant, LORRAINE BURGESS, is the record owner of the subject property in this lawsuit. MAY 2 7 2003 C. The County's interest in the code enforcement lien is paramount and superior to any right, title, interest, claims, liens, encumbrances and equities of the Defendants, LORRAINE BURGESS, UNKNOWN TENANT N/K/A GLORIA ANN THOMAS, UNKNOWN TENANT N/K/A LINDEIJ~ McFADDEN, UNKNOWN TENANT N/K/A RICHARD BURGESS, and UNKNO~ TENANT N/K/A DF, BRA STOCKNER, and all persons claiming any interest since the filing of the Lis Pendens in the subject property. D. The certified copy of the Order Imposing Fine/Lien rendered by the Collier County Code Enforcement Board was properly recorded on July 28, 2000, and constitutes a valid lien upon the property. The:lien accrues at $50 per day. A true and correct copy of this Order has been filed with the Court in this action. E. Pursuant to §162.09(3), Florida Statutes, this Order imposed an enforceable lien against the property described therein as: : A parcel of land lo~ated in section 13, Township 52 South, Range 29 East, Copeland, Collier County, Florida , more particularly described as unrecorded Parcel 47, commencing at the East IA comer of Section 13, thence North 68 degrees 04'26" west 987.57 feet, said comer being the place of ending of S-837 as described in Deed Book 42, Page 142, and also the place of beginning of a 50 foot wide strip of land for county roads as described in deed Book 42, Page 303 of the Public Records of Collier County, Florida; thence south 42 Degrees 06'West 37.00 feet; thence north 52 degrees 14' west 134.40 feet; thence north 0 degrees 51' east 97.00 feet to "Intersection Point C" described in said Deed Book 42, Page 303; thence along the centerline of "C" Street North 88 degrees 39' West 484.00 feet; thence North 1 degrees 21' East 25.00 feet for a place of beginning; thence North 88 degrees 39'West 128.80 feet; thence North 1 degrees 21' East 100.00 feet; thence South 88 degrees 39" east 128.80 feet; thence South 1 degrees 21' West 100.00 feet to the place of beginning; LESS unrecorded Parcel 48. Consisting of. 16 Acres more or le~,s and identified by Folio # 01133560005. [Bearings based on the east line of the NE ~A of Section 13 as being North 0 degrees 02' West.] F. There are no other liens recorded against the subject property, wl~ :h lien°nn~~ ~ MAY 2 7 2003 are superior to code enforcement hens. G. The violations, which are the subject of the Order imposing Fine/Lien, remain pending as of the date of this Order. H. Plaintiff, Collier County, has incurred costs in the prosecution of this See the Affidavit of Michelle Edwards Arnold which is action in the amount of $546.50. filed with this Court. I. Defaults were entered against all Defen'dants; LORRAINE BURGESS, including all unknown tenants, N/K/A GLORIA ANN THOMAS, LINDELL McFADDEN, RICHARD BURGESS, and DEBRA STOCKNER by the Clerk on May 31, 2002. J. As to each Defendant, there are no genuine issues of material fact, and Plaintiff, Collier County, is entitled to a judgment in its favor as a matter of law; accordingly, it is ORDERED AND ADJUDGED that Plaintiff's Motion For Final Summary Judgment of foreclosure against Defendant, LORRAINE BURGESS, UNKNOWN TENANT N/I~A GLORIA ANN THOMAS, UNKNOWN TENANT N/K/A LINDELL McFADDEN, UNKNOWN TENANT N/IG'A RICHARD BURGESS, and LTNKNOWN TENANT N/K/A DEBRA STOCKNER, is hereby GRANTED and a Final Summary Judgment for foreclosure ('Whe Judgment") is hereby entered in accordance with the terms that follow: 1. There is due and owing from Defendant, LORRAINE BURGESS, to the Plaintiff,.t. he total sum of the code enforcement lien which equals $63,100.00, as of May 5, 2003, and is due as of the date hereof with interest accruing at the legal rat~ of~%. for HAY 2 7 2003 2. Plaintiff, Collier County, is entitled to the costs incurred in this action, pursuant to §162.10, Florida Statutes, in the amount of $546.50. 3. Plaintiff has a code enforcement lien and security interest to secure the payment of the aforesaid sums against the subject property. That Plaintiff's lien is prior, paramount and superior to all rights, claim, liens,:interest, encumbrances and equities of the Defendants and all persons or entities claiming by, through, or under said Defendants or any of them. ' 4. Unless the Defendants shall, at any time prior to the sale of the property described herein, pay to Plaintiff the total sum of $63,100.00 with interest at the rate prescribed by law and the aforesaid costs, the~ Clerk of the Court, after publication of notice as required by law, shall sell the property at public sale on (~, ,o/KO ~ , 2003, at //:~ o'clock, to the highest and best bidder for cash, in~ First Floor Lobby, Atrium area of the Collier County Courthouse, Naples, Collier County, Flor/da, in accordance with §45.031, Florida Statutes. The property shall be sold free and clear of all right, title, interest, claim, lien, encumbrance, remainder reversion, homestead, dower, or equity of redemption whatsoever of the Defendants named herein, and all persons or entities claiming interest in said property, as of the date of filing of the Notice of Lis Pendens. 5. Plaintiff is hereby given leave to bid at said sale and apply against any debt made by it, the amount found to be due Plaintiff in this Judgment. Section 45.031(2), Florida Statutes, requires that the high bidder post with the Clerk a deposit equal to F. jve Percent (5%) of the final bid. In the event that the successful bidder fails to place the requisite deposit in accordance with Florida Statutes with the Clerk, said bid is void and the sale shall go to the second highest bidder who shall also comply with ~on~.~ MAY 2 7 2003 Statutes in relation to the required deposit. However, if the Plaintiff is the successful bidder, it is excluded from the deposit requirement. 6. Out of the proceeds arising from the sale of the property, the Clerk shall retain his fees and shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of the costs as determined herei.n; second, documentary stamps affixed to the Certificate of Sale; third, the total sum due to-Piaintiff as set forth in this final judgment, plus interest at the rate prescribed by law from this date to the date of the sale. If the property shall sell for more than enough to pay the above-mentioned sums with interest, the Clerk shall retain the surplus and report to this Court for the Court to further order. The Clerk of the Court shall hold the surplus in the registry of this Court. Thereafter, upon motion and notice of hearing to all parties, the Court will adjudicate the rights hereto according to law in equity. 7. Upon the sale being held in accordance with Chapter 45 of the Florida Statutes, and upon the Clerk filing a Certificate of Sate and a Certificate of Title, the sale shall stand confirmed and title shall pass fully and completely to the purchaser named in the Certificate of Title free and clear of any right, title, interest, estate, claim or equity of redemption of the Defendants or any person claiming, by, through or under them, or any- person claiming any interest in the subject property, and the purchaser at the sale shall be let into possession of the property. Further, any and all persons whosoever claiming against the subject property, by virtue of any liens or other interest unrecorded as of the date of the filing of Lis Pendens with the Clerk of this Court, shall be forever barred from asserting ._any such liens or other interest and any such liens or other interest shall be discharged forevers, in accordance with the Florida Statutes. ~.]~~ MAY 2 ? 2003. 8. This Court retains jurisdiction of this cause for purposes of making all other orders and judgments as may be necessary and appropriate herein, including, but not limit~d to, writs of assistance determining claims to any surplus and granting such other relief as may be appropriate. Section 162.09(3), Florida Statutes (1999), does not provide for the entry of a deficiency judgment in .favor of the Plaintiff in the event that the proceeds of the sale of the property are insufficient to pay the mounts due and owing Plaintiff pursuant to this Judgment. The Clerk is hereby authbrized to issue a Writ of Possession for the premises after filing of Certificate of Title upon request of Plaintiff and the Sheriff is hereby authorized to serve the Writ of Possession. DONE A~ND ORDERED at Naples, Florida, this ~ day of May, 2003. Conformed copies to: Ellen T. Chadwell, Esq. Office of County Attorney 3301 Tamiami Trail East Naples, Florida 34112 Attorney for Plaintiff, Collier County Lorraine Burgess P. O. Box 431 Copeland, FL 3413743431 Lindell McFadden Richard Burgess Gloria Ann Thomas Debra Stockner 249 Broc~ngton Drive Copeland, FL 34137 Bookkeeping TED Bt~OUSSEAU Circuit Court Sudge MAY 2 7 2003 EXECUTIVE SUMMARY APPROVAL OF ONE (1) IMPACT FEE REIMBURSEMENT OF $103,946.65 DUE TO OVERPAYMENT OB.JECTIVE: To obtain Board of County Commissioners approval of one (1) impact fee reimbursement, due to an overpayment, totaling $103,946.65 for City of Naples Building Permit #01-101506. 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 (CIFO), 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. On August 18, 2001 City of Naples Building Permit No. 01-101506 was issued for a 19,713 square foot office building at 225 Banyan Boulevard and paid $105,582.83 in Collier County Impact Fees related to the project. The Contractor indicated that after the construction of Phase I of Charleston Square was complete, that Phase II of construction would involve the demolition and partial re-construction of three existing buildings located on the same parcel. County staff informed the Contractor and the Developer that the impact fees that were vested for the subject property could not be utilized until the existing buildings were demolished. (letter attached) The Developer could not permit nor construct the two phases of the project simultaneously due to the space requirements of the tenants of the existing building. The following series of events occurred: > October 29, 2002 - a permit application was made to the City of Naples for the complete demolition of two buildings and the partial demolition and renovation of the third building. >. January 22, 2003 - the building permit for Charleston Square Phase II was issued, consisting of 23,781 square feet of Office Space and twenty residential condominium units. } The total new/renovated office space for Charleston Square Phase I and Phase II equals 43,494 square feet. ~. The previously existing (vested) office square footage totaled 52,471 sq tare feet. Impact Fees Reimbursement - Charleston Square Page 2 County and City of Naples staff were aware of the Developer's intent to demolish two complete buildings and renovate the third building as well as the intent to change the use of a substantial portion of the square footage to residential units and thereby reducing the intensity of the land use. However, staff could not authorize the vesting of impact fees related to the previous land use and intended demolition until an official development order authorized such changes and construction. Impact fees for the residential portion of Charleston Square Phase II that are specific to residential land use only (Parks, Library and School) were paid in full for the twenty new condominium units on January 22, 2003. The CIFO provides specific direction for the imposition of impact fees under Section 74- 201. Subsection C (4) establishes provisions for changes to lawfully existing Buildings as follows: If proposed changes to a lawfully existing Building or then permitted use are deemed to create any additional impact on one or more Public Facilities, then the bnpact Fee that will be due and payable to the County for such proposed changes will be the monetary difference between any previously paid and applicable bnpact Fees and the b~tpact Fees which would then otherwise be charged for the proposed changes. The Charleston Square project represents a reduction of the office square footage by 8, 977 square feet; therefore additional impact fees were not required to be paid for the new development. The Residential portion of Charleston Square paid all impact fees in full for the Public Facilities upon which new and additional demands are being placed over and beyond the existing impacts created by the previous and lawfully existing Buildings. (~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 (District Three) - $77,807.21 Jail - ~26,139.44 Total: $103,946.65 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 impact fees were overpaid and therefore a reimbursement is due to the customer. RECOMMENDATION: That the Board of County Commissioners approves the requested impact fee reimbursement, totaling $103,946.65, and that the Board ap waves any related budget amendments that may be required. ~. l~~l~ MAY 2_ 7, 2003 Impact Fees Reimbursement - Charleston Square Page 3 Amy PatterSon, Impact Fee Coordinator REVIEWED BY: Date.~/c~/6 ~.~ Denny Baker, Director Financial Administration and Housing Department APPROVED f, JCeph Sch/miit, Ad~ninistr~or _ mmunity Development and Environmental Services Division APPROVED BY .LLDC~i. OO ~d~<. ~ Date: . /. I~'orman E. Feder, AICI/, Administrator Transportation Division MAT 27, 2003 A~r.2~. 2003 4:5~PM D GARRETI No.7754 P. 1/2 A FAX FROM: D.GARRETT CONSTRUCTION, INC. 4933 NORTH TAMIAMI TRAIL NAPLES, FLORIDA 34103 Phone 643-2900 *** Fax 643-4309 To: Amy Patterson Company: Collier County Government Fax #: 403-2340 Regarding: Charleston SqUare From: Brad M, Kovach Date: 4-29-03 You should receive 2 p~t,~ including thi~ cover sheet. If you do not r~ceive all page~ or the f~x doe~ not transmit property, plee~e c~l1643-2900. Dear Amy, Pursuant to previous correspondence and our conversation this dm/, please allow th/s facsimile to serve as request for credit for the impact fees paid on the above referenced project. All amounts should be reflective of previous correspondence, specifically the attm:hed August 15~", 2001 letter from Phillip Tindall, Collier County Government. To confirm the refund of impact fees has b~n tentatively set for the ,May 13~, 2003 Commissioners Meeting, set under the Consent Agenda. This facsimile is not imended nor represents the beginning of thc credit process, as previous correspondence and communication indicated the refund process was in progress. If you should have any questions or require any additional information, please feel free to contact me at our ma~n office. Vice President Cc: Mr. Robert Sullivan, Capetown Development, Inc. (Charleston Square) COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION August 15 2001 2800 North Horsehoe Drive Naples, Florida 34104 Phone (941) 659-5722 Fax (941)659-5725 Mr. Bobby Sullivan Charleston Square 1400 Gulf Shore Boulevard Naples, Florida 34102 VIA FACSIMILE Subject: Impact Fees for Charleston Square, Phases I and II Dear Mr. Sullivan: As you know, we recently calculated Collier County Impact Fees in the amount of $105,582.83 for Charleston Square, Phase I relative to your City of Naples building permit. We are aware that Phase II of the project will involve the demolition of an existing structure for which approximately $281,040 in credits is available to apply towards impact fees relative to subsequent building permits. Since the building permit for Phase I will be issued prior to the aforementioned demolition, we are not able to apply any of these credits to the Phase I building permit. However, when the Phase II building permit is issued, we can then apply all the applicable credits to the entire project. This will require the builder to pay $27,678.04 in impact fees for which credits are not available; and then the County will process a refund of impact fees from Phase I in the amount of $103,946.65. The refund may take as much as 60 days until it is approved by all responsible agencies and a check is issued. Afterward, $27,023.95 in impact fee credits will be available to be applied to future building additions or changes of land use. Please let me know if we can be of any further assistance. My telephone number is (941) 403-2369. Sincerely yours, Phillip R. Tindall Impact Fee Coordinator Office of Financial and Records Management ( Impact Fees for Charleston Square, Phases I and H cc; John M. Dunnuck, llI, Interim Administrator, Community Development & Environmental Services Division Dawn Wolfe, Transportation Planning Director Denny Baker, Business Manager Brad Kovack, D. Garrett Construction Company Page 2 HAY 2 2003 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT RETURNING EXCESS FUNDS TO THE RESERVES AND APPROVE A TOURISM AGREEMENT WITH THE CITY OF NAPLES FOR SAND WEB SYSTEM MONITORING, IN THE AMOUNT OF $197,965.25 OBJECTIVE: To obtain approval of a budget amendment Tourism Agreement for thc monitoring of the sand web system experiment area in the amount of $197,965.25. CONSIDERATIONS: The Beach Renourishment / Maintenance Committee recommended approval of the initial $1,131,740 grant on June 10, 1999. The Tourist Development Council (TDC) followed suit on July 19, 1999. The Board of County Commissioners approved the $1,131,740 grant on September 28, 1999, under agenda item 16.B.7. A Tourism Agreement was executed with the City of Naples on November 23, 1999, BCC agenda item 8.B.3, allowing for the reimbursement of project costs up to $1,131,740 with an expiration date of December 31, 2001. Though the Tourism Agreement included an expiration date of December 31, 2001, the nets were not put in place until November of 2001 extending the duration of the experiment and subsequent monitoring until November of 2003. However, due to oversight, the Tourism Agreement was not extended and.it therefore expired with a remaining balance of $657,583.57. A new agreement has been generated for $197,965.25. FISCAL IMPACT: The funds are available from the project budget. $474,156.43 has been reimbursed to the City of Naples leaving a balance of $657,583.57. Executing this new agreement for $197,965.25 allows for $459,618.32 to be returned to the reserves. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners 1) authorize the Chairman to execute a Tourism Agreement with the City of Naples for the monitoring of the sand web system experiment area in the amount of $197,965.25; and 2) approve a budget amendment transferring $459,618.32 from the project to the Tourist Tax Fund Reserves. NAY 2 7 2003 SUBMITTED BY: REVIEWED BY: APPROVED BY: Ron Hovell, P.E., Coastal Projects Manager Date: ~/~--~ ~..~~ Date: ~Tourism Director ~~ Date: t_~_~_ //J/seph K. Sct'/rnitt,'Adminis{rat°r ommunity Development & Environmental Services HAY 2 7 2O03 2003 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING COMPLETION OF RESTORATION OF TWO THOUSAND SIX HUNDRED FEET OF THE NAPLES BEACH USING THE PARKER SAND WEB SYSTEM THIS AGREEMENT, is made and entered into this __ day of ,2003 by and between The City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". RECITALS: WHEREAS, CITY and COUNTY entered into a tourism a~eement dated November 23, 1999 (the "Original Agreement") for the restoration of 2600 feet of Naples beach using the Parker Sand Web System (the "Project") for a grant of $1,131,740.00; and WHEREAS, the Original Agreement expired on December 31, 2001; and WHEREAS, CITY desires to complete the Project for the sum of $197,965.25 and the unused sum of $459,618.32 will return to reserves; and WHEREAS, COUNTY desires to fund the completion of the Project in the amount of $197,965.25. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK. GRANTEE prepared a detailed application and proposal outlining the beach renourishment project to be accomplished, along with a project budget, as part of the original grant application process, attached as Exhibit "B". The Project was not successful, however, federal and state permits require extensive follow-up monitoring, beyond the contained in Exhibit "B". The amended monitoring budget, attached as Exhibit "A". referred to as "Proposal", reflects the added costs. GRANTEE shall provide the project activities outlined in the Proposal within the budgeted amounts provided in the Proposal. GRANTEE shall not be reimbursed for any expenditures not included in the Proposal nor be reimbursed for amounts in excess of those provided in the Proposal unless an amendment to this Agreement is entered into by GRANTEE and COUNTY. 2. PAYMENT AND REIMBURSEMENT. The maximum reimbursement under this Agreement shall be One Hundred Ninety-Seven Thousand Nine Hundred Sixty-Five Dollars and 25/100 ($197,965.25). GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided mad shall submit invoices to the County Administrator or his designee. The County Administrator, or his designee, shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum am, pursuant to the attached Exhibit "A". 2O03 3. ELIGIBLE EXPENDITURES. Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY'S written request to repay said funds. COUNTY may request repayment of funds for a period of up to one (1) year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE. GRANTEE is required to submit a Certificate of Insurance naming Collier County, mad its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement and be issued by a company licensed in the State of Florida and provide General Liability Insurance for no less than the following amounts: Bodily Injtiry Liability - $300,000 each claim per person - Property Damage Liability - $300,000 each claim per person Personal Injury Liability - $300,000 each claim per person Worker's Compensation and Employer's Liability - Statutory The Certificate of Insurance must be delivered to the County Administrator, or his designee, within ten (10) days of execution of this Agreement by COUNTY. GRANTEE shall not commence activities which are to be funded pursuant to this Certificate of Insurance. 5. CHOICE OF VENDORS AND FAIR Agreement until COUNTY has received the DEALING. GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE and/or vendors, disclose any relationship between GRANTEE and subcontractors but not limited to, similar or related employees, agents, officers, d COUNTY may, in its discretion, object to the reasonableness of the el agrees to including, shareholders. recto~Ol~0/flt~a ~enditfires and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 6. INDEMNIFICATION. To the extent permitted by law, GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or GRANTEE'S limit of, or lack of, sufficient insurance protection. 7. NOTICES. All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: Jon C. Staiger, Ph.D., Natural Resources Manager City of Naples 735 8th Street South Naples, Florida 34102 All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY at the following address: County Manager Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 GRANTEE and COUNTY may change their above mailing address at any time upon giving the other party written notification pursuant to this section. 1 8. NO PARTNERSHIP. Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 9. TERMINATION. COUNTY or GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination pursmmt to Section 7 and specifying the effective date of termination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. 10. GENERAL ACCOUNTING. GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the terms of this Agreement. 11. AVAILABILITY OF RECORDS. GRANTEE shall maintain records, books, documents, papers and financial infom~ation pertaining to work perforated under this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access tO, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 12. PROHIBITION OF ASSIGNMENT. GRANTEE shall not assign, convey, or transfer in . whole or in part its interest in this Agreement without the prior written consent of COUNTY. 13. TERM. This Agreement shall become effective on and shall remain effective until sixty (60) days after completion of' the project described in Exhibit "A" than June 30, 2004. but no later MAY 2 Z 2003 14. AMENDMENTS. This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 15. RECORDATION. County, Florida. IN WITNESS WHEREOF, authorized person or agent, v~a'itten. This Agreement shall be recorded in the public records of Collier GRANTEE and COUNTY have each respectively, by an hereunder set their hands and seals on the date and year first above DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: TOM HE~ING, Chairman Approved as to tbrm and legal sufficiency: H~i d~i ~'~-~,~h!n~-~x'~ Assistant County Attorney ATTEST: GRANTEE CITY OF NAPLES TARA NORMALS, City Clerk By: I~r)N~iE R. MadKElqZIE~, M~ ' ROBERT D. PRITT, City Attorney (Corporate Seal) WITNESSES: signa et~ PrinteW~,y~ed Name (2) s~ ~ Printed/Typed Name h: HFA\TDCAgreements~beachparkersand'.~b MAY 2 l. 2OO3 EXECUTIVESUMMARY BOARD CONSIDERATION FOR APPROVAL OF PREVIOUSLY DISAPPROVED TOURISM RELATED INVOICES IN THE AMOUNT OF $1,631.99, SUBMITTED BY PRUTOS PUBLIC RELATIONS, INC., AS RECOMMENDED FOR APPROVAL BY THE TOURIST DEVELOPMENT COUNCIL; STAFF AND CLERK RECOMMEND APPROVAL IN THE AMOUNT OF $1,223.88 OBJECTIVE: To dispose of travel and out-of-pocket expense claim of Ms. Kathy Prutos of Prutos Public Relations, Inc. regarding invoices previously denied by the Board. CONSIDERATIONS: The County was party to the 2001 Tourism Agreement with the Tourism Alliance of Collier County (TACC). The TACC contracted directly with Prutos Public Relations, Inc. as part of the outsourcing of TDC approved advertising/promotion plan for FY00/01. On November 13, 2001, staff presented various tourism related invoices to the Board for approval or denial. The Board discussed the Prutos invoices related to the 2001 Governor's conference ($1,481.99) and Vi sit Florida (Familiarization) Trip ($150.00) at length. It was noted that the Prutos contract with TACC contains no provision for travel or out-of-pocket expenses; all out-of-pocket expenses were included in the contract fee. The opinion of the County Attorney Office was that such expense claims were not covered in the Prutos contract and therefore, not reimbursable. In July 2002, Ms. Kathy Prutos requested a review of the subject invoices before the Tourist Development Council (TDC). Ms. Prutos addressed the TDC on September 9, 2002 requesting review and approval of the two invoices, previously denied by the Board. The TDC discussed the matter at length. Consensus of the Council was that although there was no direct contractual obligation to reimburse Ms. Prutos for the $1,631.99 in travel and out-of-pocket expenses, the County had a moral obligation to reimburse Ms. Prutos while she was representing the County in its tourism effort. The TDC recommended the Board review and approve the subject invoices in the amount of $1,631.99. The County Attorney's Office has determined that this matter is appropriate for Board review because the Board did not previously consider that the TACC contract with the County covers the items claimed by Ms. Prutos. Specifically, the TACC agreement, Exhibit A, provided for monies to be paid by the County to The Tourism Alliance for FAM's and for professional conferences. Said Exhibit had a separate line item for the payments to Prutos Public Relations, Inc. The previous County Commission vote on this matter and the related County Attorney's opinion focused on the Prutos-Tourism Alliance authorizes payment for the activitie, s performed by Ms. Prutos that were a TACC service to the County. Bleu Wallace, Interim Tourism Director, Chief Assistant County Attorney Ramiro Mafialich, and Clerk of Courts Finance Director Jim Mitchell remained concerned regarding several issues regarding this reimbursement, as follows: Board review of invoices already disapproved by the Board. Although not addressed in the TACC contract with Prutos, were these allowable expenses under the TACC agreement with Collier County? Propriety of reimbursement of seven days of rental car expenses for a three day tourism event. (Ms. Prutos attended another County-related event for four days out of the seven, but is not now making a claim for that portion of the car rental bill). Several meetings and discussions ensued. On April 11, 2003, a consensus was reached by County Attorney David Weige[, Tourism Director Jack Wert, Finance Director Jim Mitchell, Chief Assistant County Attorney Ramiro Mafialich, and CDES Operations Director Bleu Wallace in formulating staWs recommendation to the Board. Staff recommends the following: Board review of the previously denied Prutos invoices. Approval of Invoice No. TACC2109 for out-of-pocket expenses for Kathy Prutos (Visit Florida/British Airways/United Kingdom Tour Operator FAM trip-September 4-6, 2001 in the amount of $150.00. *Approval of Invoice for Travel Expenses related to 34th Annual Governor's Conference, AFTER adjustment to Rental Car amount claimed. Prutos used the Rental Car for 7 days for a 3 day event; adjust Rental Car claim to 3/7ths of amount claimed, as follows: Conference Registration $ Hotel Expenses *Rental Car (limited to 3/7ths of Rental Car expenses, thus 3/7 X $714.08) Gasoline Tolls 275.00 471.60 306.03 16.75 4.50 $1,073.88 Board appropriate current year funds fi.om Fund 194 Reserves for the direct payment of subject invoices in amounts of $150.00 and $1,073.88, totaling $1,223.88 to Prutos Public Relations, Inc. Board approve related budget amendments to effect payment fi.om Fund 194 Reserves. FISCAL IMPACT: If the request for approval is denied, there is no fiscal im Should the Board, after review, approve Staff's recommendation, invoices wo~ funded fi.om Fund 194 (Advertising/promotion) Reserves. ~act. he !0 MAY 2 7 2003 2.' RECOMMENDATION: Board review and approve adjusted amount of $1,223.88 for payment directly to Prutos Public Relations, Inc., appropriate current year funding fi.om Fund 194 Reserves/~d approve any related budget amendmems. 4~~~ Date: Prepared by: .~...~' t~--- ox' -c.~ ~'~ 1~. E. "~LEU"-X0'~CE Director, CDES Operations Reviewed by :~~'x?-.~.~~ Date: J"AC~W. ~VERT ' Tourism Director Reviewed b~~ '~ ~ Date: ..C"' / 2- ~' O"1> ~RO MA~IeAI~I-CI-~ - - - Chief Assistant County~ Attorney pproved i, evelopment & Environmental Services Division H/Ramiro/Exe. Summ. 2003./Prutos 3 MAY 27 2003 GreaterN aplesMarco Island&The Everglades cL~ss~cFlorida INVOICE Invoice Date: Sept. 1, 2001 Invoice # TACC2097 P.O. #: 101325 TRAVEL INDUSTRY LIASION Travel Expenses and conference fee to attend 34t~ Annual Governor's Conference Aug. 12-14, 2001 TOTAL DUE ..$1,481 99 $1,481.99 ..,-"/,,. !.! -, ,... Upon submittal of invoice and upon verification that the services deseribed in the invoice have been completed or goods have bee received and have been authorized and approved by the Board of the Tourism Alliance of Collier County. Tourism Alliance of Collier County 5395 Park Central Court Naples, FL 34109 T (941) 597-8001 F (941) 597-4595 E k prutos~classicflorida.com W www.classicflorida,com HAY 2 7 2003 A cooperative effort funded by the Collier County Tourist Development Tax I) 9-10-01. AO.~:O? l t,l ~I o N SO I NS ADVERTISINGseptember ~, ~(~0R]K ETING ;~75.00 471.60 714.08 16.75 4.50 1, ~-~51.9:3 + + + + + P.0.#101325 INVOICE FOR TRAVEL EXPENSES: Out of pocket travel expenses attending 34th Annual Governor's Conference on Tourism Aug. 12-14, 2001 · Conference Registration ....................... $275.00 · Hotel expenses ..................................... $471.60 · Rental Car ............................................ $714.08 · Gasoline ................................................. $16.75 · Tolls ................................................. .....~~._~f{". ........................................ .fl 2003 5395 Park Central Court, Naples, FL 34109 · (941) 597.3169 (941) 5974595 Fax · email: kprutos@earthlink.net .~8:~.AVE -024 BOCA ~TON ~ ' ' ' ' "~'~ ~ "~ ' ~ ":::-'~';.~?.'?"'~?:~:':-;:'~'~ NOVEL~.J~ R~- --:,"- ~- . ' , ' ' · ' '- - ~, :'.... ':~:.~:.::-?:.:~,. · De~ion" ...... ' '- . · . - ' ' :.- :" ~'~: ?:.':-';-~':"~::... 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",..',', :":.. :.. ,.. - .:-." . .- ~ - ,HO~DGING ' : - -..:~,~ LODGING Jur~ i,-2001 M~RRIOTr HOTELS 05/30/01 ' LODGING CARDEPOSIT ~ 01521~g71 MARCO ISLAND FL Departure Date NO of Nights 05/31/01 1 June 1, 2001 MARRIOTT HOTELS MARCO ISLAND FL 6.90 . 287.64~// Arrival Date 05/30/01 LODGING CARDEPOSIT Pa~tefe~c~: O15~14~7~ Depmtum Date No of Nights 05/31/01 I AGENDA MAY 27. 2003.p¢. Continued on next page '~~ BOCA RAToN ....... " iMS KATHY PRUTOS/FMLY 1064 0/2 PR1VATE LINE: 347-4424 VOIC~ ~I~ P~SB~ORD: 0050 EPDW 2 VFGS 08/14/01 MAY 2 7.. ~003 ROOM RATE ARRIVE DEPART FOLIO NO. ACCOUNT GROUPING PF IDPAGE i065 125.00 08/12/01 08/14/01 791764 2 CAMEX 2-VFGS 11 PJV 1 PRUTOS MS KATHY BR-655800-1 12: 35 SGO 2/0 NAPLES TOURISM MARKETING Pay Desc: **********11012 04/04 DATE { CODE{ R.~P~RF_2qCE { ID { DESCI;Lllrq'ION { CI'LAROES { PAYMF2'{TS { BALANCE 530 991 944 SGO ADVANCE DEPOSIT -125.00 -125.00 0812 122 VAM ROOM 1065 125.00~' .00 0812 811 VAM TAXES 13.40 w' 13.40 0812 822 VAM SERVICE CHARGE 9 . 00 ~" 22 . 40 0813 251 2380928 F&B RM SVC BRKFST 48.93 71.33 0813 253 2382281 F&B RM SVC DINNER 145.25 216.58 0812 859 USA CV~ PARKING 15.90 ~/ 232 . 48 0813 122 KMB ROOM 1065 125.00 ~/ 357.48 0813 811 KMB TAXES 13.40 w/~ 370.88 0813 822 KMB SERVICE CHARGE 9.00~ 379.88 0813 859 KMB CVT PARKING 15.90 395.78 0814 914 PJV AMEX PAYMENT -395.78 . 00 TOTAL 520.78 -520.78 . 00 MAY 2 ? 2003 BOCA RATON RI SO r*CLUB >)Return<< RA [~cu~nt 269618~;62 ~ESEF,'VATION ~ ~69&~-US-3~ C~F~:/ 4 7 0 3 2 1 5 C~r Grc~Jp I~ EUJ I~ RDEO 4[~ FL FD376~ f:~-UTOS,KAT~LEEN Out NAFi. ES APO FL !'3~dG01/1206 Tn NAFtES AF~3 FL 1.~LIGOI/1Eq6 Miles-Out 7418 Mi I~-In Mil~ Driven 1031 Fuel In 8/8.. Method of p.~y = CLL~ Rate_ 2LYW OMI@ 0~ O[N@ 0~@ ~ !O~FM D iscc~nt 12.0~ TI~E ~ MZLEA66 * $4.~vT~qy SUFtCHAR~ **11.11~ FEE Subb:,ta I Tax 6.000% I. DH PAT PEP 7DY Om 27.0! 53.10 .00 - = 46.~ = ~.7~ + = 34.65 + = SO. O0 = 423.44 + = 25.41 + = !53.~ + = 21.00 + = 13.65 ALI + = 76.6~ TF,t~ .~ Charges = 714.0~ AMOUNT DUE CV ~ = 714.08 ~ ~..(~ FL4 SURCHARGE-BAFFE~¥/TIRE .40/E~qY VLF+~.5~)/DV CFC ~(~CDI(CESSION RECOVEry FEE The_ an~_-,unt that aopears in "Anc~mt Due" h~s been billed ~o your ~ ~rd. All char~s are s~lb.j~t to audi~ and c~nqe if any erro~ ere f,~. For local inquiries rail .... . - y4l-o4o-~. T~nk ~,u f~ r~ting f~ Avis. MAY 2 Z 2003- )O<XX XXXXXX XlO04 AMEX 08/14101 ref #9108051097 SAWGRASS SHELL INV#140423 13605 N SUNRISE/BL SUNRISE Dealer # 27526125102 AUTH~O0 APPROVAL CODE: 501100 Item Sz Q~ Total $ ,.Regular 13 11.9716 ~ 1.399 16.15 . _ Subtotal 16.75 Total 16.75 SALE NO: 936398 EHPLOYEE: DP! THANK YOU! DR~'~ SAFELY TH~S SUU~ER ID-PbO , JG,,q MAY 2 ? 2003 GreaterNaplesMarc0Island&TheEverglades cLnss~cFlorida INVOICE Invoice Date: Oct. 1, 2001 Invoice #: TACC2109 P.O. #: 101325 (TI) TRAVEL INDUSTRY LIASION Out-of-pcoket expenses for Visit Florida/British Airways/United Kingdom Tour Operator FAM trip - Sept. 4-6, 2001 $150.00 TOTAL DLTE Upon submittal of invoice and upon verification that the services described in the invoice have been completed or goods have been received and have been authorized and approved by the Board of the Tourism Alliance of Collier County. George P~h/~a~ ' t Tourism Alliance of Collier County 5395 Park Central Court Naples, FL 34109 T (941) 597-8001 F (941) 597-4595 E k.prutos~classicfiorida,crm~ W www.classicflorida.com MAY 2 ? 2003 A cooperative effort funded by the Collier County Tourist Development Tax ADVERTISING & MARKETING October 1, 2001 P.O.#101325 INVOICE FOR FAM TRIP EXPENSES: Out-of-pocket expenses for Visit Florida/ British Airways/United Kingdom Tour Operator FAM trip - Sept. 4-6, 2001 Food & Beverage aboard Naples Princess Lunch cruise Sept. 5,2001 TOTAL NOW DUE $150.00 5395 Park Central Court, Naples, FL 34109 I, OP/-I0 MAY 2 7. 2003- (941)597-3169 (941)597-4595 Fax · emaii: kprutos@earthlink.net Preoa~'ed F~ DEAN PRUTOS Transactions Continued August 19, 2001 3739-569282-11004 Page 8 AVIS RENT-A-CAR NAPLES Location Rental: NAPLES FL Return: NAPLES APO FL 09 Agreement Number.- 269618462 Renter Name: PRUTOS,KATHLEEN August 19, 2001 D ate 08/12/01 08/19/01 EXXON MC ;31 L5901323922NAPLE S PAY AT PU MP5901323922 Reterence: 005901323922 August 23, 2001 SPORTING NEWS 314-9937778 CONTINUITY/SUBSCRIPTION Re~e~e~ce P301COA60 RCC Numbs: 0000003115 August 30, 2001 MO EXXONMOBIL5901323922NAPLES PAY AT PUMP5901323922 Re~'eac~ CO5901323~2. September 6, 2001 FL NAPLES PRINCESS NAPLES FL GENERAL MERCH .~ ef~-ence ~ .~2~0'251379 September 6, 2001 714.08 1~ 16.05 V'~ 2s.0 150.00t~,~' 36.05 ~ TICKETMASTER FLORIDA4078393900 FL TOOL '~ e~e~ ence 1539472 Activity for KATHY PRUTOS New Charges 3,064.58 .= ayments/Credits -61.00 Total of Card Activity New Charges 12,929.55 Payments'lCredits -61.00 K~T~T PRUTOS 99 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE FINAL INTERLOCAL AGREEMENT WITH THE COLLIER COUNTY SCHOOL BOARD FOR COORDINATED LAND USE AND SCHOOL PLANNING AS REQUIRED BY CHAPTER 2002-296 LAWS OF FLORIDA. OBJECTIVES: To have the Board of County Commissioners approve the final interlocal agreement with the Collier County School Board to meet the requirements of Chapter 2002-296 L.O.F. BACKGROUND: The 2002 Florida State Legislature enacted Chapter 2002-296 L.O.F which became effective on May 31, 2002. The legislature requires that school boards and local governments enter into an interlocal agreement which addresses school siting, enrollment forecasting, school capacity, infrastructure and safety needs of schools through a continuous joint planning and information sharing process. The minimum requirements for the interlocal agreement are: 1) Process by which local governments and school boards agree on projections of population and student enrollment. 2) Process to coordinate and share information relating to existing and planned schools, renovations, closures and local government plans for development and redevelopment. 3) Process for participation of local governments in district decisions evaluating closures, renovations, and new sites for acquisition. 4) Process for determining need for on-site and off-site improvements to support district projects. 5) Process for reporting capacity based on facilities work plan. 6) Process for participation of local government in the annual update to the 5 year district facilities work plan and the educational plant survey. 7) Process for determining when and how joint use of school or local government facilities can be shared for mutual benefit and efficiency. 8) Process for resolution of disputes. 9) Identification of an oversight process including an opportunity for public participation for implementation of the interlocal agreement An optional component of the interlocal agreement is a section addressing the site plan review process. A local government may not deny a site plan application if a school site is consistent with the future land use policies and land use categories that alloy schools. However, the local government may impose reasonable devel standards and conditions in accordance with section 235.34, F.S. The local govE may consider the adequacy of the site plan as it relates to environmental concerns, health, safety and welfare, and effects on adjacent property. The Department of Community Affairs (DCA) schedule for adoption by the BCC and Collier County School Board of the mandated interlocal agreement to implement Chapter 2002-296 L.O.F. was March 1, 2003. County staff met with Collier County School Board staff and the staff representatives of the Cities of Naples, Marco Island and Everglades City to develop an interlocal agreement for adoption by the respective boards and councils. County staff felt that a section dealing with the site plan review process must be included in the interlocal agreement in order to insure that health, safety, and welfare as well as compatibility issues are addressed. County staff and School Board staff were unable to finalize a review process by the March 1, 2003 deadline. For this reason, the DCA permitted Collier County and the School Board to submit an interim interlocal agreement to meet the requirement to implement Chapter 2003-296. The interim interlocal agreement expires on May 26, 2003. During this ninety (90) day period, the County and the School Board completed negotiations on the site plan review process. It was decided that a section on the review process for school facilities would not be included in the State mandated Interlocal Agreement. Instead, a separate parallel interlocal agreement will define the review process for school facilities. The Collier County School Board approved the attached agreement on Thursday May 15, 2003. CONSIDERATIONS: The attached interlocal agreement will provide compliance with the mandate of Chapter 2003-296 L.O.F. The parallel interlocal agreement submitted separately, clearly identifies and defines the issues and development standards that the County will consider when evaluating the adequacy of site plans, site location, compatibility, on-site and off-site infrastructure improvements, environmental requirements and roadway access standards. Both interlocal agreements need to be adopted in order to insure a continuous joint planning and information sharing process as well as a review and permitting process. FISCAL IMPACT: Chapter 2002-296 L.O.F. provides for financial sanctions against local governments and school boards in the event that an interlocal agreement is not adopted on schedule. The deadline for Collier County and Collier County School Board to have an interlocal agreement submitted to the DCA was March 1, 2003. The interim interlocal agreement provided the County a ninety (90) day extension to address the site plan review issues and avoid any sanctions that could be imposed by the State. The interim interlocal agreement expires on May 26, 2003. DCA has agreed to extend the deadline an extra few days to allow County staff to present the Agreement for approval at the May 27, 2003 meeting of the Board of County Commissioners. As long as the County is in compliance with Chapter 2003-296 L.O.F. there are no direct fiscal impacts. GROWTH MANAGEMENT IMPACT: The adoption of an interlocal agreement with the Collier County School Board, as provided in Chapter 2002-296 LO.F, will facilitate the coordination of the implementation of the Collier County Growth Management Plan with the planning a siting of school facilities and supporting infrastructure. MAY 2 ? 2003 RECOMMENDATION: That the Board of County Commissioners approve this interlocal agreement with the Collier County School Board along with the parallel interlocal agreement that defines the site plan review process. DATE: APPROVED BY: /~ MAY 2 7 2003 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING This Agreement is entered into by and between the Collier County Board of County Commissioners (hereinafter referred to as "County") and the District School Board of Collier County, Florida (hereinafter referred to as "School Board"), together the Parties. WHEREAS, the Parties recognize their mutual obligation and responsibility for the education, nurturing and general well-being of the children of Collier County; and WHEREAS, the Parties recognize the benefits to the citizens and students of their community by more closely coordinating their comprehensive land use and school facilities planning programs to ensure: (1) better coordination of new schools in time and place with land development; (2) greater efficiency for the School Board and the County by the placement of schools to take advantage of existing and planned roads, water, sewer, parks, and drainage systems; (3) improved student access and safety by coordinating the construction of new and expanded schools with the road and sidewalk construction programs of the County; (4) the location and design of schools so that they serve as community focal points; (5) the location and design of schools with parks, ballfields, libraries, and other community facilities to take advantage of joint use opportunities; and (6) the location of new schools and expansion and rehabilitation of existing schools so as to reduce pressures contributing to urban sprawl and support existing neighborhoods; and WHEREAS, Section1013.33 (10), Florida Statutes, requires that the location of public educational facilities must be consistent with the comprehensive plan and implementing land development regulations of the appropriate local governing body; and WHEREAS, Sections 163.3177(6)(h) I and 2, Florida Statutes, require each local government to adopt an intergovernmental coordination element as part of its comprehensive plan that states principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of the School Board, and describe the processes for collaborative planning and decision making on population projections and public school siting; and WHEREAS, Section 163.3177(6)(h)2, Florida Statutes, further requires each county, all the municipalities within that county, and the district school board to establish by interlocal or other formal agreement executed by all affected entities, the joint processes described above consistent with their adopted intergovernmental coordination element; and 20O3 WHEREAS, the Parties enter into this Agreement in fulfillment of the above referenced statutory requirements and in recognition of the benefits accruing to their citizens and students described above; and WHEREAS, the parties hereto are authorized to enter into this Interlocal Agreement pursuant to Section 163.01, Section 163.3177(6)(h)2., and Section 1013.33(2)(a), Florida Statutes; and WHEREAS, upon the Department of Community Affairs (DCA) acceptance of this Agreement, and upon the commitment of the Parties hereto to abide by and seek fulfillment of the terms and conditions of the Agreement, that DCA shall recognize the Agreement as fully satisfying Florida Statutes Sections 1013.33 and 163.3177 requirements for cooperative planning for all Parties involved, both individually and collectively. NOW THEREFORE, in consideration of the public benefits to be realized from the coordinated planning and review of public educational facilities, the Parties hereby agree as follows: Section 1. Recitals The foregoing recitals are adopted and incorporated by reference as if set forth fully herein. The following procedures will be used to coordinate public facilities planning and land use planning: Section 2. Joint Workshop Meetings 2.1 A staff working group from the County and School Board will meet on an as needed basis, but no less frequently than twice per year, to formulate recommendations and discuss issues regarding coordination of land use and school facility planning, including such issues as population and student enrollment projections, development trends, school needs, co-location and joint use opportunities, and ancillary infrastructure improvements needed to support the schools and ensure safe student access. Representatives from the Southwest Florida Regional Planning Council will also be invited to attend. The School Board staff, in coordination with the County Manager will be responsible for making meeting arrangements and providing the necessary notification for the first meeting in 2003. Thereafter, the process for meeting notification will be established by a majority of the members of the working group then present. 2.2 One or more of the elected members of the County Commission and the School Board will meet every other year in joint workshop session. Additional workshops may be ~C, ENOA ri'E)4 4AY 2 7 2003- held upon request by either the County Commission or the School Board. The joint workshop sessions will be opportunities for the County Commission and the School Board to build consensus, and set direction regarding coordination of land use and school facilities planning, including, but not limited to the following: population and student estimates and projections, development trends, school needs, off-site improvements, and joint use opportunities. The County Manager and School Board Superintendent will be jointly responsible for making meeting arrangements and providing notification for the joint workshop. Section 3. Student Enrollment and Population Projections 3.1 In fulfillment of their respective planning duties, the County and the School Board agree to coordinate their respective plans based upon agreed upon projections of the amount, type and distribution of population growth and student enrollment. 3.2 3.3 The School Board shall utilize the Department of Education (DOE) five-year county-wide student enrollment projections. The School Board may request that the DOE projections be adjusted to reflect actual enrollment and development trends not anticipated by the DOE projections. In formulating such a request the School Board will coordinate with the County regarding future population projections and growth. Five- year population and student enrollment projections shall be revised annually to ensure that new residential development and redevelopment information provided by the County are reflected in the updated projections. The County staff, in coordination with the School Board will use information on County growth and development trends for unincorporated areas, such as census information on population and housing characteristics, persons-per- household figures, historic and projected growth rates, and the information described in Subsection 4.2 of this Agreement, to project residential units by type for five years (single family, multi-family and mobile home) and allocate these units into sub-county planning sectors, such as student attendance zones consistent with county-wide projections. The planning sectors will be established by mutual consent of the School Board and the County. The allocation of residential units by type and planning sector will be provided to the School Board by September 1st of each year. 3 HAY 2 7 2003 3.4 The School Board will evaluate the planning sector projections prepared by the County. The School Board working with the County will develop and apply student generation multipliers for residential units by type for schools of each type, including, but not limited to, traditional public elementary, middle and high schools, as well as, charter, alternative and vocational schools, considering past trends in student enrollment within specific planning sectors in order to project school enrollment. The school enrollment projections will be included in the Educational Facilities Report provided to the County each year as specified in Subsection 4.1 of this Agreement. 3.5 Population Projections: Coordination regarding the update of the County population projections, their allocation into planning sectors, and conversion into projected student enrollment will occur on an annual basis at the staff working group meeting described in Subsection 2.1 of this Agreement. The revised projections and the variables utilized in making the projections will be reviewed and established by agreement of the staff working group. Section 4. Coordinating and Sharing of Information 4.1 Educational Facilities Report: By November 1st of each year, the School Board shall submit to the County an Educational Facilities Report. The report will contain information in tabular, graphic, and textual formats detailing existing and projected school enrollment, existing educational facilities, their locations, the number of portable units (hereinafter "portables") in use at each school, and projected facility needs. The Report will also contain the School Board's capital improvement plan, including planned facilities with funding over the next 5 years, and a description of any unmet needs. The Report will provide data for each individual school concerning school capacity based on DOE criteria and enrollment of each individual school based on actual student counts. The Report will show the generalized locations in which new schools will be needed, along with planned renovations, expansions and closures of existing schools. The Report will indicate properties the School Board has already acquired through developer donation, or properties for which there is a developer obligation to provide property to the School Board, at the School Board's discretion, or properties acquired through other means that are potential school sites. 4 I~AY 2 ? 2003 4.2 Growth and Development Trends: On September 1st of each year, the County will provide the School Board with a report on annual growth and development trends. The report will contain information in tabular, graphic and textual formats and will include information regarding development approvals for the preceding year as follows: (a) the type, number, and location of residential dwelling units, which have received zoning approval, final subdivision plat approval, or site plan approval; (b) a summary of all comprehensive plan amendments to include a description of any land use changes and the location of the affected area; (c) the number of building permits issued for new residential dwelling units and the location of such residential dwelling units; (d) information regarding the conversion or redevelopment of housing or other structures into residential dwelling units which are likely to generate new students; and (e) identification of any development orders issued which contain a requirement for the provision of a school site as a condition of development approval. The estimated number of students generated from the development approvals from new residential dwelling units will be used in the data and analysis to support the annual update of the School Board's Five-year Capital Facilities Plan. Section $. School Site Selection 5.1 The School Board will establish an informal site evaluation committee for the purpose of reviewing potential sites for new schools and proposals for renovation, expansion and closure of existing schools, and making suggested recommendations to the District Site Selection Committee, the Superintendent and the School Board. The site evaluation committee will be a standing committee and will meet on an as needed basis. In addition to appropriate members of the school district staff, the informal site evaluation committee will include at least one County staff member appointed by the County Manager. The committee MAY 2 7 2003 5.2 membership will be expanded as needed to include additional County staff. When the need for a new school site is identified in the district facilities work program, the site evaluation committee will develop a list of potential sites in the area of need identified in the educational plant survey. The list of potential sites and list of schools proposed for renovation, expansion or closure will be submitted to the County for an informal assessment regarding consistency with the County comprehensive plan including: environmental suitability, transportation and pedestrian access, availability of infrastructure and services, safety concerns, and land use compatibility. In addition, consistency with community vision and other issues such as student assignment that have a bearing on site suitability will be commented upon. The issues identified in Subsection 5.2 of this Agreement will also be considered by both the County and site evaluation committee as each potential site and each school proposed for renovation, expansion or closure is evaluated. Based on the information gathered during this review, the site evaluation committee will make a recommendation to the District Site Selection Committee concerning the selection of potential school sites in order of preference, and, if applicable, schools proposed for renovation, expansion or closure in order of preference. The following matters will be considered by the informal site evaluation committee, the County and the School Board when evaluating potential school sites or the expansion or rebuilding of existing schools, including charter schools: The location of school sites that will provide logical focal points for community activities such as the community facilities itemized in Subsection 9.1 and serve as the cornerstone for innovative urban design standards, including opportunities for shared use and co- location of community facilities. bo The location of new elementary and middle schools proximate to residential neighborhoods. Co The location of new schools within reasonable walking distance of the residential dwelling units served by the schools, as practicable, under the student assignment program. MAY 2 7 2003 do The location of new high schools on the periphery of residential neighborhoods, with access to major roads. Compatibility of the school site with present and projected uses of adjacent property. fo Encouragement of community redevelopment and revitalization and efficient use of existing infrastructure and discouraging urban sprawl. Land availability, site acquisition and development costs, and degree of urbanization. ho Safe access to and from the school site by pedestrians and vehicles. Availability of public facilities and services necessary to serve the proposed school, concurrent with the impacts of the school. jo Environmental constraints that could preclude development of a public school on the site if mitigation is not available or practicable. Impact on archaeological or historic sites listed in the National Register of Historic Places or designated by the County as a locally significant historic or archaeological resource. Soil characteristics that indicate the proposed site is suitable for development or is adaptable for development and outdoor educational purposes with the provision of drainage improvements. The proposed location in relation to County stormwater management plans or watershed management plans. no The proposed location in relation to the velocity flood zone, a floodway, or the Coastal High Hazard Area, as delineated in the County Growth Management Plan. Oo The ability of the site to accommodate the required parking, circulation and queuing of vehicles. 7 MAY 2 ? 2003 5.3 po The proposed location in relation to any airports considering the requirements of Section 333.03, Florida Statutes, which regulates the construction of public educational facilities in the vicinity of an airport. As early as practicable, but no less than 60 days prior to acquiring or leasing property that may be used for a new public educational facility, or initiating the renovation or expansion of an existing school, the School Board shall provide written notice of same to the County. The County, upon receipt of this notice, shall notify the School Board within 45 days if the proposed new school site or the proposed renovation or expansion of an existing school is consistent with the land use categories and policies of the County's Growth Management Plan. This preliminary notice does not constitute the County's determination of consistency pursuant to Section 1013.33(11), Florida Statutes. Section 6. Supporting Infrastructure In conjunction with the preliminary consistency determination described at Subsection 5.3 of this Agreement, the School Board and the County will jointly determine the need for, and timing of, on-site and off-site infrastructure improvements necessary to serve each new school or the proposed renovation, or expansion of an existing school, and will enter into a written agreement as to the timing and location, and the entity or entities responsible for constructing, operating and maintaining the required improvements. Section 7. Comprehensive Plan Amendments, Rezonings, and Development Approvals 7.1 The County will include a nonvoting representative appointed by the School Board on the local planning agency, or equivalent agencies, to attend those meetings at which the agency considers comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. The County may, at its discretion, grant voting status to the School Board representative. The School Board will receive local planning agency's agendas and appropriate backu 3 materials from the County and will review and comment ~ appropriate. NAY 2 ? 2003 ,,,.Il 7.2 7.3 7.4 7.5 The County will provide the School Board notification of all land use applications and development proposals pending before it that may affect student enrollment, enrollment projections, or school facilities. Such notice will be provided at least 14 days prior to approval of the application. This notice requirement applies to amendments to the Growth Management Plan, Future Land Use Element and Map rezonings, developments of regional impact, and other major residential or mixed-use development projects. After notification by the County, the School Board will advise the County of the school enrollment impacts anticipated to result from the proposed land use application or development proposal, and whether sufficient capacity exists or is planned in order to accommodate the impacts. School capacity will be reported consistent with DOE criteria. Based on the DOE definition of adequate capacity, if sufficient capacity is not available or planned to serve the development at the time of impact, the School Board shall specify how it proposes to meet the anticipated student enrollment demand; alternatively, the School Board, County, and developer may collaborate to find a means to ensure that sufficient school capacity will be available to accommodate the residential development, such as, developer contributions, project phasing, required facility improvements and school impact fees. In reviewing and approving land use applications, rezoning requests and development proposals, the County will consider, if applicable, the following issues when requested by the School Board: a. Providing school sites and facilities within planned neighborhoods. b. Insuring the compatibility of land uses adjacent to existing schools and reserved school sites. Co The co-location of parks, recreation and community facilities with school sites. do The linkage of schools, parks, libraries and other public facilities with bikeways, trails, and sidewalks. eo Insuring the development of traffic circulation plans to serve schools and the surrounding neighborhood. NAY 2 7 2003 7.6 fo Providing off-site signalization, signage, access improvements and sidewalks to serve all schools. The inclusion of school bus stops and turnarounds in new developments. Encouraging the private sector to identify and implement creative solutions to developing adequate school facilities in residential developments. School Board comments on Growth Management Plan amendments and other land-use decisions. Available school capacity or planned improvements to increase school capacity. In formulating community development plans and programs, the County will consider the following issues: ao Target community development improvements in older and distressed neighborhoods near schools. bo Coordinate County programs and capital improvements that are consistent with and meet the capital needs identified in the School Board's school facilities plan. Encourage developments and property owners to donate school sites at predevelopment prices, assist with the construction of new facilities or renovation to existing facilities, and provide transportation alternatives. do Address and resolve multi-jurisdictional public school issues. Section 8. Educational Plant Survey and Five-Year District Facilities Work Program 8.1 At least one year prior to preparation of the educational plant survey update, the staff working group established in Subsection 2.1 of this Agreement will assist the School Board in an advisory capacity in the preparation of this update. The staff working group will evaluate and make recommendations regarding the location and need for new 10 HAl' 2 7 2003 8.2 educational facilities, or improvements to existing educational facilities in terms of consistency with the County Growth Management Plan, and relevant issues listed at Subsections 5.2, 7.5 and 9.1 of this Agreement. The School Board will provide the proposed annual update of the five-year district facilities work program to the County for review and comment for consistency with the County Growth Management Plan prior to adoption. The County may provide written comments to the School Board within 30 days following receipt of the proposed work program. Section 9. Co-location and Shared Use 9.1 Co-location and shared use of facilities are important to both the School Board and the County. The School Board will look for opportunities to co-locate and share use of school facilities and civic facilities when preparing the Educational Plant Survey. Likewise, co-location and shared use opportunities will be considered by the County when preparing the updates to its Growth Management Plan, Schedule of Capital Improvements and when planning and designing new, or renovating existing, community facilities. For example, opportunities for co-location and shared use will be considered for libraries, parks, recreation facilities, community centers, auditoriums, learning centers, museums, performing arts centers, and stadiums. In addition, where applicable, co-location and shared use of school and governmental facilities for health care and social services will be considered. 9.2 A separate agreement between the School Board and the County or appropriate entity, will be developed for each instance of co-location and shared use which addresses legal liability, operating and maintenance costs, scheduling of use, and facility supervision. Section 10. Oversight Process The School Board and the County Commission shall each appoint a citizen member to serve on an oversight committee to monitor implementation of this Interlocal Agreement. Oversight Committee members shall be invited to attend all meetings referenced in Sections 2 and 5 hereof and shall receive copies of all reports and documents produced pursuant to this Agreement. The committee shall appoint a chairperson, meet at least annually, and report to the County Commission and the School Board and the general public on the implementation of this Agreement together with its effectiveness. ]! NAY 27 2003, Section 11. Site Plan Review Projects initiated by the School Board shall comply with applicable site development plan review requirements as set forth in a separate interlocal agreement entitled "lnterlocal Agreement Between the Board of County Commissioners of Collier County, Florida and the Collier County School Board to Establish Educational Plant and Ancillary Plant Site Development Review Processes and Substantive Cdteria Including the Consideration of Future Amendment's to the County's Growth Management Plan and Implementing Land Development Regulations," which further refines and delineates the provisions and scope of a School Board Review process for site plan review of future School Board projects. Section 12. Resolution of Disputes If the Parties to this Agreement are unable to resolve any issue relative to this Agreement and with in which they may be in disagreement, such dispute will be resolved in accordance with governmental conflict resolution procedures specified in Chapters 164 and 186, Florida Statutes. Section 13. Amendment and Termination of Agreement Either party may elect to withdraw from participation in this Agreement upon official action of its governing body and after 30 days written notice to the other party to this Agreement. Section 14. Execution This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument and be the agreement between the parties. Section 15. Expiration The term of this Agreement shall be for a period of ten years; provided however, that either party can request a review of the Agreement every two years. IN WITNESS WHEREOF, this Interlocal Agreement has been executed by the Parties by their duly authorized officials on the date set forth below. ATTEST: Dwight Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk (SEAL) By: Tom Henning, 4AY 2 7 2003. Date: Approved as to form and legal sufficiency: David C. Weigel, County Attorney ATTEST: COLLIER COUNTY BOARD SCHOOL By: Dr. H. Benjamin Marlin, Superintendent By:, Linda Abbott, Chairman Date: 404857_1 13 NAY 2 7 2003 _ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A THIRD AMENDMENT TO THE INTERLOCAL GOVERNMENT AGREEMENT WITH THE CITY OF NAPLES FOR THE DEVELOPMENT OF THE HAMILTON HARBOR MARINA PROJECT. OBJECTIVES: To have the Board of County Commissioners approve a third amendment to an Interlocal Government Agreement (IGA} between the City of Naples and Collier County having the effect of granting to the City of Naples jurisdiction to review and approve a land use development order for the Hamilton Harbor marina project, including that portion of the project lying within the County. The project site consists of approximately 175.44 acres of land of which 154.42 acres lie within the City of Naples and 21.02 acres lie within Collier County. BACKGROUND: On April 13, 1999 the County and the City of Naples (the City) entered into an IGA for the coordinated planning and review of the Hamilton Harbor marina project (the Project). On June 2, 1999, the City adopted development approvals for the Project, which approvals were consistent with the IGA. On June 22, 1999, the County and the City executed an amendment to the IGA, which clarified certain paragraphs of the IGA. On September 28, 1999, pursuant to the IGA, as amended, the County adopted Ordinance No. 99-68 which rezoned that portion of the development site lying within the County to "Planned Unit Development" consistent with the City's development parameters for the Project. On April 5, 2000, the City repealed their development approvals, which resulted in litigation between the City and the developers/owners. On October 11, 2002, the City and the developers/owners reached a Conditional Settlement Agreement whereby the City would agree to review applications for approval of a smaller marina project. The Conditional Settlement Agreement required an amendment to the IGA to assure consistency between the IGA and the allowed development parameters set forth in the Conditional Settlement Agreement. The second amendment to the IGA changed the development parameters to reduce the intensities of the Project and the impacts on the environment. The purposes of this third amendment to the IGA are to make the technical. amendments to Paragraph 7 and Exhibit 3, to clarify the provisions of Paragraph 3, and to revise Exhibit 3 to make that exhibit consistent with the development approvals granted by the City of Naples on March 5, 2003. CONSIDERATIONS: The original project consisted of 124.29 acres of which only 21.02 acres were located within the jurisdiction of the County. In oraer to coordinate interlocal planning, insure consistent development standards, and promote government efficiency, the County approved the original IGA providing for the review and approval of the Project to be conducted by the City of Naples. The County also approved the second amendment to the IGA in response to the Conditional Settlement Agreement that provided for a smaller marina project and revised development parameters representing a reduction in intensity and environmental impacts as compared to the original project. The third amendment to the IGA makes the following changes to the second amer dmen~A I~EM-,~-- to the IGA: MAY 2 ? 2OO3- 1. Paragraph 7 in the Second Amendment to the Interlocal Government Agreement was eliminated. This paragraph stated that "Upon issuance by the City of any building permit for construction occurring within the County, payment of all applicable transportation impact fees shall be made to the County in accordance with the County's Consolidated Impact Fee Ordinance." 2. Exhibit 3 - Development Criteria and Standards For Hamilton Harbor (within Collier County Jurisdiction) has had minor changes made to the section dealing with fences and walls to make the exhibit consistent with the development approvals granted by the City on March 5, 2003. 3. The provisions of Paragraph 3 have been clarified by adding that "the endangered species protections contained within the County's Growth Management Plan and Land Development Code shall control and be applied to development occurring within that portion of the Subject Property lying within the County, including the Manatee Protection Plan and the manatee protection criteria set forth in the County's Growth Management Plan and Land Development Code as of December 3, 2002." FISCAL IMPACT: This amendment to the IGA removes the paragraph requiring the payment of transportation impact fees to Collier County. GROVVTH MANAGEMENT IMPACT: Inasmuch as the original CDC PUD for that portion of the Hamilton Harbor project in unincorporated Collier County was approved for marina, open space, and residential uses; and, the Hamilton Harbor PUD, as approved in 1999 under the present GMP, was deemed to result in the same or less intensity of use as the original CDC PUD; and, the use intensity as specified in the October 11, 2002, Conditional Settlement Agreement was less than that allowed by the presently existing Hamilton Harbor PUD; staff found that the second amendment to the Hamilton Harbor IGA was consistent with the GMP. The third amendment to the IGA does not affect the consistency finding previously issued by staff. RECOMMENDATION: That the Board of County Commissioners approve the third amendment to the Interlocal Government Agreement between the City of Naples and Collier County for the purpose of making technical changes to the IGA for consistency with the approvals granted by the City of Naples/~n March 5, 2003. MARGARET WUER~'~'LE, AICP- ' PLANNING SERVICe3 DIRECTOR A PP~.O~Y: DA TE: ..,~JOSE~RATOR ( MUNITY DEV. AND ENVIRONMENTAL SERVICES HAY 2 7 2003 THIRD AMENDMENT TO INTERLOCAL GOVERNMENT AGREEMENT This Agreement, is made and entered into this ~ day of ,2003, by and between the City of Naples, Florida, a municipal corporation ("City"), and Collier County, a political subdivision of the State of Florida ("County"), pursuant to the authority set forth in Sections 125.01,163.01,163.3171(1), 163.3171(3) and 166.021, Florida Statutes (2002), for the purpose of amending the Second Amendment to Interlocal Government Agreement between the City and County regarding the Hamilton Harbor marina project. Recitals: A. On April 13, 1999, the City and County entered into the Interlocal Govemment Agreement, recorded in the Public Records of Collier County at Official Record 2582, Page 2615 ("ICA"). B. On June 2, 1999, pursuant to the IGA, the City adopted Resolution 99-8540, Ordinance 99-8544 and Ordinance 994545, consisting of a small scale comprehensive plan amendment for a portion of the property, a rezoning (to "planned development'') and DSEI approval for the entire Hamilton Harbor marina project, the legal description of which is attached hereto and incorporated by reference herein as Exhibit 1 ("the Subject Property''). C. On June 22, 1999, the City and County amended Paragraphs 5 and 6 of the IGA, by formal written agreement recorded in the Public Records of Collier County at Official Record 2582, Page 2624 ("the First Amendment"). D. On September 28, 1999, pursuant to the existing IGA, as amended, the County AO~IOA ITEM 1 MAY 2 7 2003 adopted Ordinance No. 99-68, which rezoned that portion of the Subject Property lying within the County (approximately 21 ± acres) to "planned unit development" in accordance with the City's PD Zoning Ordinance No. 99-8545. Through Ordinance No. 99-68, the County also adopted and ratified the City's PD Zoning Ordinance No. 99-8545 as the land use, development and other standards applicable to that portion of the Subject Property lying within the County. E. On April 5, 2000, the City repealed the approvals listed in Paragraph B above. F. As a result of the City's repeal of the approvals, the owners/developers of the Subject Property initiated litigation with the City. G. On October 1 I, 2002, in an effort to resolve the litigation, the City and the owners/developers of the Subject Property entered into a Conditional Settlement Agreement, whereby the City agreed to review development applications for a revised Hamilton Harbor marina project, consistent with certain "Revised Project Parameters." The Conditional SettIement Agreement required submission to the City of certain development petitions, including a Development of Significant Environmental Impact ("DSEI"), a General Development Site Plan ("GDSP"), a Conditional Use application, and a rezoning application (collectively, "the Revised Project Approvals"). H. Paragraph 5 of the Conditional Settlement Agreement required an amendment to the IGA, as amended, so as to allow for the Revised Project Approvals as set forth in the Conditional Settlement Agreement. The City and County satisfied Paragraph 5 of the Conditional Settlement Agreement by executing the Second Amendment to the IGA, dated December 3, 2002, a copy of which is recorded in the Public Records of Collier County at Official Record 3193, Page 2678 ("Second Amendment"). A ~ ' MAY 2 ? 2003 I. At the City Council's consideration and approval of the Second Amendment on December 4, 2002, the City Council requested technical amendments be made to Paragraph 7 and Exhibit 3. J. On March 5, 2003, the City granted certain development approvals for the revised Hamilton Harbor marina project - namely, (i) a rezone from "C" Conservation to "TC" Transitional Conservation (Ordinance 03-9975), (ii) a rezone from "C" Conservation and "TC" Conservation to "PD" Planned Development (Ordinance 03-9977); (iii) approval of a development of significant environmental impact (Resolution 03-9974); (iv) approval of a conditional use (Resolution 03-9976); (v) approval of a residential impact statement (Resolution 03-9979); and (vi) approval of a general development and site plan (Resolution 03-9978). K. On March 20, 2003, the City and Hamilton Harbor, Inc. executed an Amendment to the Conditional Settlement Agreement to reflect the development approvals for the revised Hamilton Harbor marina project. A copy of the Amendment to the Conditional Settlement Agreement is attached hereto as Exhibit 2. L. The purposes of this Th/rd Amendment to the IGA are to make the technical amendments referenced in Paragraph I above, to clarify the provisions of Paragraph 3, and to revise Exhibit 3 to make that exhibit consistent with the development approvals granted by the City on March 5, 2003. M. Approximately 154 acres of the Hamilton Harbor project lie within the City and approximately 21 acres lie within the County. The City and County recognize that the majority of the land comprising the Hamilton Harbor marina project, including the water access and shoreline, and most of the resources that may be impacted by the Hamilton Harbor marina prgiect MAY,._~? 2003 lie within the City. N. The City and County agree that in order to assure an orderly process, ensure consistent development standards and promote governmental efficiency, the development approval procedures for the entire Hamilton Harbor marina project, including that portion lying within the County, will be conducted by the City. O. The City and County agree that, in an effort to coordinate the planning and review of the Hamilton Harbor project, a single set of substantive standards and building parameters should apply to the entire Hamilton Harbor marina project. NOW, THEREFORE, in consideration of the public benefits to be realized from the coordinated planning and review of the Hamilton Harbor marina project, the City and County hereby agree as follows: 1. The foregoing Recitals are adopted and incorporated by reference as if set forth fully here. 2. The County reviewed the Conditional Settlement Agreement and the Amendment thereto, together with the Revised Project Parameters and contemplated Revised Project Approvals set forth therein, and agrees that the City shall have sole jurisdiction to process the development applications for the entire Hamilton Harbor marina project, including that portion of the project lying within the County. The City provided the County with a copy of the General Development and Site Plan Petition for the County's review and commem. 3. The County agrees that the Revised Project Parameters and the City's land development regulations shall apply to the entire Hamilton Harbor marina project, including that 4 MAY 2 7 2003 portion of the project lying within the County. Notwithstanding the foregoing sentence, the endangered species protections contained within the County's Growth Management Plan and Land Development Code shall control and be applied to development occurring within that portion of the Subject Property lying within the county, including the Manatee Protection Plan and the manatee protection criteria set forth in the County's Growth Management Plan and Land Development Code as of December 3, 2002. 4. The City agrees that the Revised Project Approvals, if approved, for the entire Hamilton Harbor marina project shall not exceed the uses, heights, intensities, densities and approximate locations of facilities as set forth in Exhibit 3, attached hereto. 5. Upon the City's adoption of the Revised Project Approvals, if approved, the County shall ratify same and rezone that portion of the Subject Property lying within the County to "Planned Unit Development" in accordance with the Revised Project Approvals. The legal description of the portion of the Subject Property lying within the County is attached hereto as Exhibit 4. 6. After adoption and ratification of the Revised Project Approvals by the City and County, respectively, building and site development permits for infrastructure and vertical construction for the entire Hamilton Harbor marina project shall be subject to processing, review and approval by the City in accordance with its land development regulations. 7. The City shall have sole jurisdiction to process any proposed amendments to the Revised Project Approvals, whether or not those amendments affect or change the development occurring on property within the County. In the event the City approves any proposed amendment which exceeds the Revised Project Parameters or those standards set for~;'' ,.[k~, ,~ " HAY 2 7 2003 attached Exhibit 3, the County shall have authority to review and approve any such amendment to development orders applicable to that portion of the Subject Property located within the County. 8. This Third Amendment to the IGA shall have the effect of abrogating and replacing the IGA, as amended. This Third Amendment to the IGA shall be effective for a period of twenty (20) years from the day and year fa'st above written, and shall automatically renew' for four (4) additional twenty (20) year time periods unless the City or the County gives at least sixty (60) days prior written notice to the other, prior to an automatic renewal date, that the IGA, as amended, shall not be automatically renewed and shall expire. ATTEST: DWIGHT BROCK, Clerk Approved as to form and legal sufficiency: DAVID C. WEIGEL, County Attorney ATTEST: TARA A. NOR~, City Clerk Approved as to form and legal sufficiency: BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, Chairman CITY OF NAPLES, FLORIDA By:: '~ 6 2 ? 2003 City Attorney 7 EXH/BIT 1 Legal Description All that part of Seetions 22, 23 and 27, Township 50 South, Range 25 East, Collier County, Florida being more particularly described ~ foiling: Beginning at the southea.~t comer of.~aid See~io~ 22; thence along the east llne of said Section 27, South 00'23'12~ We~t 2328.64 feet; thence leaving said section line South 89'32'18' We.~t 1290.14 feet; thence North 00'27'34' We~t 331.71 feet; thence northea.vteriy 846.91 fe~t along the arc of a tangential circular curve concave to thb southeast having a radius of 800.00 feet through a central angle of 60'39'19' and being subtended by a chord which bea~ North 29'52'06n Ea~ 807.91 feet to a point of reverse curvature; thence northerly I011.26 feet along the arc ofa ~angential circular curve concave to the northwest having a radius of 750.73 feet tlu'ough a central angle of 77'10'46 936.52 f~t; thence North 16'59'02' Wea't 450..59 fe~ thence North 50'00'29' Ea.~t 226.72 feet thence northeasterly 113.41 feet along the arc ora tangential circular curve concave to the northwest having a radius of 150.00 feet through a central angle of43'I9'08* and being subtended by a chord which bears North 28'26'43~ East 110.73 feet to a point of compound curvature; thence northerly 320.89 feet along the arc of a tangential circular curve concave to the west having a radius of 480.00 feet through a central angle of38'18'13* and being subtended by a chord which bears North 12'21'57* West 314.95 feet to a point of reverse curvature; thence northerly 109.67 feet along the arc of a tangential circular curve concave to the east having a radius of I00.00 feet through a central angle of62'$0,20* and being subtended by a chord which bears North 00'05'54* West 104.26 feet to a point of reverse curvature; I thence northeasterly 171.22 feet along the arc of a tangential circular curve concave to tile west having a radius of 180.00 feet lhrough a central angle of54'30'00~ and being subtended by a chord which bears North 04'04'16N East 164.83 feet; thence North 23'10'44* Wea't 123.01 feet; thence nor~westerly and easterly I97.05 feet along the arc ora ~angential circular curve concave to the southeast having a radius of I00.00 feet tlu-ough a central angle of 112'54'00* and being subtended by a chord which bears North 33'16'16* East 166.68 feet; thence North 89'43'16n F.~t 110.00 feet; thence easterly and northwesterly 213.10 feet along the arc of a tangential circular curve concave to the northwest having a radius of 100.00 feet through a central angle of 122'06'00~ and being subtended by a chord wllich hem's North 28'40'16~ F_.a.nt 175.01 feet to a point ofr~ver~e curvature; thence northerly and northeasterly 78.69 feet along the arc ora langential circular curve concave to the ea.nt having a radius of S0.00 feet through a central angle of90'I0'20* and being subtended by a chord which beats North 12'42'26~ East 70.82 feet; thence North 5T4736~ Ea.nt 67.46 feet; thence northerly and northw~terly 194.01 feet along the arc ofa langential circular curve concave to the we~t having a radius of 75.00 fe~t through a central angle of 148'12°45* and being subteaded by a chord which bears North 16'18'46* We~ 144.27 feet; thence South 89'34'$1' Weal 30.00 feet; thence wea'terly and southwe~texly 1:$7.08 feet along the arc of a tangential circular curve concave to the southea.~ having a radius off00.00 feet ~u'ough a central angle ofg0'00'00n and being subtended by a chord which bea~ South 44'34'$1* W'e~t 141.42 fe~ thence $omh 00'2Y09~ F.a.nt 169.99 feet; thence southwea'teriy 62.9~ feet along tho arc of a tangential circular curve concave ~o the northwea-t having a radius of :~0.00 feet through a central angle of 72'I0'2~~ and being sub~ended hy n Chord which bears South ~$'40'05' We feet;' n. lO : thence South 71'4Yi9" West 116.04 feet; thence'southwesterly and southerly 248.54 feet along the arc ora tangential circular curve concave to tho southeast having a radius of 150.00 feet through a central angle of 94'56'03" and being subtended by a chord whioh bears South 24'17'18" West 221.07 feet; thence South 23'10'44" East 123.01 feet; thence southerly and sou~westeriy l01.05 feet along the arc ora tan§ential circular curve concave to tho northwest havin§ a radius orS0.00 feet through a central angle of 115'47'41" and being subtended by a chord which bears South 34'43'14" West 84.71 feet to a point of compound curvature; thence northwesterly 256.08 feet along the arc ora tangential circular curve concave to the northeast having a radius of 220.00 feet through a central anglo of 66'41'32' and being subl~ded by a chord which bear~ North 54'02'10' West 241.87 feet; thence North 20'41'24' West 195.01 feet; thence northeasterly 312.33 feet along the arc of a tangential circular curve concave to the east having a rsdius of 280.00 feet through a centa, al angle of 63'54'40" and being subtended by a chord which bears North 1 I'I$'$6" East 296.39 feet to a point of reverse curvature; thence northeasterly, northerly and northwesterly 516.02 feet along the arc of a tangential circular curve concave lo the wes~ having a radius of 300.00 feet through a central angle ofgg'33'0g" and being subtended by a chord ~'hich bea~ North 06'03'18" We.st 454.72 feet; thence North $5'19'52" Wen 528.65 feet; thence North 02'23'16" East 275.02 feet; thence northeasterly 77.62 feet along the arc of a tangential circular curve concave to the southeast h~dng a radius of 50.00 feet ~a'ough a ccutral angle of 88'57'04' and brlag subtended by a chord which bears North 46'$ l'4g* East 70.06 feet to a point of revere curvature; thence nonhea~erty 731.46 feet along the arc of a tangential circular curve concave to thc north having a radius of 1200.00 feet through a central angle of 34'55'29" and being subtended by a chord which bears North 73'$2'36" East 720.19 feet to a point of reverse curvature; thence northeasterly, northerly and northwesterly 1~,4.g8 feet along the arc 0fa tangential circular curve concave to the west having a radius ors0.00 feet through a central angle of 154'33'46" and being subtended by a chord'which bears North 20'52'02" West 97.55 feet to a point ofrever~e curvature; thence westerly and northeasterly 71.31 feet along thc arc of a tangential circular curve concave to the northeast having a radius of 35.00 feet through a eenlral angle of 116'44:18" and being subtended by a chord which bears North 39'46'46" We.st 59.60 feet; thence North 18'35'23" East 68.45 feet; thence North 13'49'59" East 340.07 feet; thence North 07'00'50" East 161.59 feet; thence North 82'$9'10" West 35.00 feet; thence l, lonh 07'00'50" East 14.74 feet; thcnce North g9'18'51' East 527.45 feet; thence South 00'13'12" East 335.51 feet; thence North 89'24'52" -Fast 1333.23 feet; thence North 00'32'30" West 30.00 feet; thence North 89'24'52" East 50.00 feet; thence South 00'32'30" East $37.45 feet; thence south 89'29'24" West 916.4g feet; thence South 00'06'04" East 453.00 feet; thence south 89'29'24" We~t 470.01 feet; thence South 00'06'04" East 2039.29 feet to the Point of Begi~ninZ of ibc parcel herein described; Subject to easements and re, fictions of~.ord. Containing 124.333 acres more or le~s. AND: All that part of Section 27, Township 50 South, Range 2f East, Collier County, Florida, being more particularly described as follows; Commencing at the Northeast comer of said Section 27;' thence along the east linc of said Scetion 27 South 00'23'12' We~t 2690.1g feet to the Point of Beginni~ 2 ? 2003. herein described; thence continue along said Section line South 00'23'14' West 2689.01 feet to the South line of said Section 27 thence ~ong said South line South 89'31'09' West 758.84 feet; thence leaving said Section line along a Bulkhead line per Collier County Bulkhead line Book 1, page 3, O.R. Book 1143, pages 1303-1304, Collier County, Florida in the following four described courses; 1) Northerly 956.29 feet along the arc cfa tangential circular curve concave to the east having a radius of 4446.88 feet through a central angle of 12'19'17' and being subtended by a chord which bears North 00'07'24' East 954.45 feet; 2) North 06'17'02' East 770.62 feet; 3) Northerly and Northwesterly 656.57 feet along thc arc cfa tangential circular curve concave to the Southwest having radius of 517. 14 feet through a central angle of 72'44'36' and being subtended by a chord which bears North 30'05'16' West 61335 feet to a point of reverse curvature; 4) Northwesterly and Northerly 549.88 feet along the arc cfa tangential circular curve concave to the Northeast having a radius 0f477.36 feet through a cehtral angle of 66'00'00"and being subtended by a chord which bears North 33'2733" West $19.98 feet to the South line of(3ovemment Lot 1 thence alongthe South line of said Government Lot ! and leaving 'said Bulkhead line North 89'32'16" F. azt 1284.80 feet to the Point of Begirming of the parcel herein described. Subject to easements, reservations, rights-of-way and restricttous of record. Containing 5I.I I acres more or less. Bearings are based on the east line of said Section 27 being South 00'23'13 West (per State Plane Coordinate System, Florida Fast Zone, NAD 83 Adjustment). Total Parcel Contains 175.44 Acres more or l~ss. MAY 2 ? 2003 EXHIBIT 2 AMENDMENT TO CONDITIONAL SETFLEMENT AGREEMENT rezoning portions of the revised Hamilton Harbor Marina as allowed by the Conditior Settlement Agreement. This Amendment to Conditional Settlement Agreement ("Amendment") is made and entered by and between Collier Enterprises, Ltd., Collier Development Corporation, Hamilton Harbor, Inc. (collectively "Hamilton Harbor"), c/o Collier Enterprises, 3003 Tamiami Trail North, Naples, Florida 34103, and the City of Naples ("City"), a political subdivision of the State of Florida, 735 Eighth Street South, Naples, Florida 34102. WHEREAS, the City and Hamilton Harbor engaged in settlement negotiations, which resulted in a Conditional Settlement Agreement. WHEREAS, the Conditional Settlement Agreement was considered and approved by the City at a duly noticed public hearing on September 30, 2002, and executed on October 11, 2002. WHEREAS, The Conditional Settlement Agreement required that the City follow its development review procedures, including all necessary public hearings, as part of the proposed settlement, for consideration of the revised Hamilton Harbor Marina, including public hearings before the Planning Advisory Board and final consideration by the City Council, as required. WHEREAS, on December 11, 2002, the revised Hamilton Harbor Marina went before the Planning Advisory Board, which recommended approval of the revised Hamilton Harbor Marina. WHEREAS, following the Planning Advisory Board's recommendation, additional revisions were made to the revised Hamilton Harbor Marina, further reducing the Project's impacts. WHEREAS, on February 17, 2003, the City Council approved, at first reading, the d AG~=JqDA IT~ NAY 2 7 2003, P~. ~ WHEREAS, on March 5, 2003, the City Council approved, at second reading, the rezoning portions of the revised Hamilton Harbor Marina, as further revised, and also approved other necessary approvals as allowed by the Conditional Settlement Agreement. WHEREAS, the City and Hamilton Harbor drafted this Amendment to incorporate the modifications that were made during the review process of the revised Hamilton Harbor Marina. NOW, THEREFORE, in consideration of the mutual agreements and covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby ~dgree to modify the Conditional Settlement Agreement as follows: 1. Marina Basin: Exhibit B referenced in Paragraph 3.a. of the Conditional Settlement Agreement has been modified in accordance with the attached Revised Exhibit "B". The modifications further reduce the potential impacts to the marina basin. 2. Wet Slips: Paragraph 3.c. of the Conditional Settlement Agreement is modified to limit the maximum number of wet slips to 36. 3. Conservation Lands to be Conveyed to City: Parag:aph 3.g. of the Conditional Settlement Agreement is modified to include an additional 41 acres that shall be part of the permanent conservation easement lands to be conveyed to the City, so that this area of uplands, wetlands and submerged lands totals approximatelyl.49 acres. 2003 .2o~b DONE AND EXECUTED in the City of Naples, Collier County, State of Florida, this day of/~/~l ~ ~., 2003. CITY OF NAPLES By: Bonnie R. MacKenzie, Ma~'~ -'h/r-~ - Attest: Ta~a A. Norman, city ~lerl~ HAMILTON HARBOR, INC. By: '~~~~,~ ' Its: COLLIER ENTERPRISES, LTD. By: -'-"--"---'-~'~ .~,,,~'-" Its: Lr'/,~'~. IB: App. ro~f?~(f legaliht 1~,_ I ' : "';'--' -- Gity. Attorney 699163 MAY 27 EXHIBIT 3 DEVELOPMENT CRITERIA AND STANDARDS FOR HAMILTON HARBOR (within Collier County jurisdiction) II. III. IV. V. Permitted Principal Uses: 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: Ao D. E. F. G. H. Part of boat basin in conjunction with dry boat storage facility: Dry boat storage facility for a maximum of 325 boats, in conjunction with the marina facility on adjoining land within the City of Naples. Marine equipment and boat sales and display. Boat docking facilities. Marina related offices. Repair and servicing of boats, boating accessories and marine equipment Marina related retail sales. Cultural or civic facilities for educational purposes (a maximum of 3,000 square fee0. Boardwalks and nature trails. Permitted Accessory Uses: Accessory uses and structures which are incidental and customarily associated with the above permitted use as follows: mo B. C. D. E. F. G. H. I. Incidental loading and unloading of marine supplies. Ponds/water management facilities. Parking lots. Landscape buffers. Yacht or sailing clubs. Signage, including internal directional signage and structures. Wastewater pump-out facilities. Fuel storage facilities. Accessory uses and structures which are incidental to and customarily associated with the permitted uses listed above. Minimum Lot Area: 10,000 SF Maximum Lot Coverage by Buildings: 50 percent Minimum Setbacks Principle and Accesso _fy Buildings 30 feet from project perimeter boundary, except for the dry storage facility where ll~e:':,'.> setback is 50 feet and the wate: whemthex, .~..: .... setback is 0 feet. I: ': 2 1'7 VI. VII. VIII. Maximum Building Height Dry Storage Facility Cultural and Civic Facilities Minimum Off-Street Parking Architectural Standards Dry storage facility 42 feet to the peak of the roof measured from the first floor FEMA elevation, in accordance with the City Code. 35 feet to the peak of the roof measured from the first floor FEMA elevation, in accordance with the City Code. Dry storage facility - 1 space/10 dry slips. Parking spaces noted are minimums and may increase based on marina industry standards. Due to the placement of the dry boat storage facility, existing mangrove trees and large ficus trees in Bayview Park substantially hide the building fi:om public view. The dry boat storage building facades will be a natural color to further blend in with the surrounding environment. IX. Fences and walls Chain link fences are only allowed along Bay Street behind the berm and along the eastern edge of the fueling facility. The maximum permitted fence/wall height on Dan_ford Street is six feet. Fences and walls shall be setba from the Bay Street property li~ fi:om the north-south property 1 The maximum permitted wall height along the eastern edge of the docking facility is six feet with an additional two feet of wrought iron or grillwork. Wall columns may reach a maximum of eight feet in height and two feet in width, spaced a minimum of eight feet apart. ne ~e 2 7 2003. Xo Preserve Water Management Landscape Buffers Access west end of Bay Street, and 1 ~ inches along Danford Street. Walls must be masonry and painted in a color compatible with the proposed buildings. Areas designated "Preserve" shall be protected by Developer placing a permanent conservation easement in favor of the City and conveying said areas, in fee simple and with good and marketable title, free and clear of all liens and mortgages, to the City for Ten Dollars ($10) for the City's conservation land program. Water management will be conducted according to engineering best management practices and the requirements of the South. Florida Water Management District. A 40 foot landscape buffer will be provided along the northern side of the entry road, buffering the adjoining residents to the north. An average of a 25 foot buffer area will be provided around the wetlands to the south of the project. Primary access will be from an entry located at a southern extension of Fern Street. MAY 2 7 2003 MAY 2 ? 2003 E~HBI~ 4 Description of part of Section 23, Township 50 South, Range 25 East, Collier County, Florida~ All that part of Section 23, Township 50 South, Range 25 East, Collier County, Florida, being mom particularly described as follows: Commencing at the southwest comer of said Section 23; thence along the west line of said Section 23, North 00'06'04" West 2039.29 feet to the Point of Beglnning of the parcel herein described; thence continue along said section line in the following two described courses; 1) North 00'06'04" West 653.01 feet; 2) North 00'13'12" West 305.62 feet; thence leaving said section line North 89'24'52" East 1333.23 feet; thence North 00'32'30" West 30.00 feet; thence North 89'24'52" East 50.00 feet; thence South 00'32'30" East 537.45 feet; thence South 89'29'24" West 916.48 feet; :thence South 00'06'04" East 453.00 feet; thence South 89'29'24" West 470.01 feet to the Point of Beginning of the parcel'herein described; Subject to easements and restrictions of record. Containing 21.02 acres more or less. Bearings are based on the wes~ line of said Section 23 being North 00'06'04" West. Certificate of authorization #LB-43. MAY 2 7 2003 COMMUNITY REDEVELOPMENT AGENCY (CRA) EXECUTIVE SUMMARY APPROVE SELECTION COMMITTEE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR RFP 03-3473 FOR CREATION OF A LAND DEVELOPMENT OVERLAY PLAN FOR THE BAYSHORE/GATEWAY TRIANGLE CRA DISTRICT. OBJECTIVE: To receive Community Redevelopment Agency Board approval of the Bayshore/Gateway Triangle Advisory Board's ranking of firms for professional services for creation of a Land Development Overlay Plan for the Bayshore/Gateway Triangle CRA district, and authorization to begin contract negotiations for subsequent Board approval. CONSIDERATIONS: In June 2000, the Collier County Board of County Commissioners adopted Community Redevelopment Plan, which lays out a framework for the physical and economic revitalization and enhancement of the Bayshore/Gateway Triangle community. Following adoption of the plan, the Board of County Commissioners adopted the Bayshore/Gateway Triangle Redevelopment Overlay in December 2000 as an amendment to the Future Land Use Element and Map of the Collier County Growth Management Plan. This Redevelopment Overlay indicates that one or more zoning overlays will be adopted into the Collier County Land Development Code to aid redevelopment within the district. The adopted Redevelopment Plan identifies zoning overlays as an available redevelopment tool. On September 30, 2002, the Community Redevelopment Agency Board authorized the development of a master zoning overlay plan covering the entire redevelopment area. This overlay plan represents a detailed extension of the current Redevelopment Plan by actually codifying specific development standards. The Community Redevelopment Agency has identified this need because current standards may not support the goals and objectives of the redevelopment plan, may preclude valuable projects from occurring, or may allow incompatible uses to go forward. The entire Redevelopment Area contains approximately 1,739 acres. The Bayshore Area component (south of US 41) contains approximately 1,448 acres. The Gateway Triangle Area component (north of US 41) contains approximately 291 acres. The Request for Proposal (RFP) was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on January 14, 2003. A Selection Committee meeting was held on March 11, 2003, and after review, scoring and discussion of the proposals, by consensus of the members, the firms were selected for the short list as follows. With Board approval, negotiations will commence with the top ranked firm. 1. HDR Engineering, Inc. 2. TBE Group, Inc. FISCAL IMPACT: There is no fiscal impact associated with the ranking of these firms. However, approximately $400,000-$600,000 of accrued tax increment revenue from the Bayshore/Gateway Triangle Redevelopment Trust Fund (Fund 187) will be used for the funding of this land development overlay. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the ranking of these firms. RECOMMENDATION: That the Community Redevelopment Agency; (1) Approve Board's selection of firms. (2) Authorize staff to begin Contract negotiations with the t( in the order of their ranking. MAY 2 7 2003 PREPAR, EA~ D. AARON BI~I~, URBAN DESIGN PLANNER DATE COMMUNITY PLANNING & REDEVELOPMENT SECTION . RANDY COHEIr, MANAGER DATE COMMUNITY PLANNING & REDEVELOPMENT SECTION MARGARET ~UERSTLE, AICP PLANNING S1ERVlCES DEPARTMENT DIRECTOR DENTON BAKER DIRECTOR FINANCE ADMINISTRATION AND HOUSING DATE DATE JO/~'EPH K. S~H~ITT / DATE ~MINISTRATOR 18OMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES AG?=NDA ,,,.i(o¢t MAY 2 7 2003 COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE THE UTILITY AND ROAD PROJECT PROPOSED BY FREEMAN & FREEMAN INC. IN RESPONSE TO THE ALLOCATION OF $200,000 FROM FUND 186 TOWARDS UTILITY AND ROAD PROJECTS IN THE IMMOKALEE REDEVELOPMENT DISTRICT. OBJECTIVE: To have the Community Redevelopment Agency (CRA) approve the utility and road project by Freeman and Freeman Inc. in response to the allocation of $200,000 from Fund 186 (Immokalee Redevelopment) for utility and road projects in the Immokalee Redevelopment Area. CONSIDERATIONS: On March 19, 2003, the Collier County Community Redevelopment Agency (CRA) approved the allocation of $200,000 from the Redevelopment Trust Fund (Fund 186) towards utility and road projects in the 10th Street and Clifton Street Vicinity in the Immokalee Redevelopment Area, as depicted in Figure 1. On Apdl 22, 2003, the budget amendment, item 16A 1 O, was approved. In approving this recommendation, Collier County Community Redevelopment Agency (CRA) recognized that subsequent requests to encumber these allocated funds must obtain future CRA approval. This request to approve the Freeman and Freeman Inc. project is in response to that request. FISCAL IMPACT: CRA redevelopment efforts are partially funded through Tax Increment Financing (TIF). Hence, the incremental difference in tax revenues between the odginal frozen assessment value (1999), and the new higher assessed value in the Redevelopment Area is used to finance redevelopment efforts in redevelopment area. The $200,000 of accrued tax increment revenue from the Immokalee Redevelopment Trust Fund (Fund 186) will be used for the funding of the utility and road project by Freeman and Freeman Inc. On April 22, 2003, the budget amendment, item 16A 10, was approved. CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN: The above-mentioned infrastructure improvements will implement several objectives of the adopted Redevelopment Plan, including those related to road and utility improvements. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Immokalee Area. ADVISORY BOARD RECOMMENDATION: Approve the utility and road project by Freeman and Freeman Inc. in response to the allocation of $200,000 from Fund 186 (Immokalee Redevelopment) for utility and road projects in the Immokalee Redevelopment Area. PLANNING SERVICES DEPARTMENT RECOMMENDATION: Planning Services staff has determined that the utility and road project proposed by Freeman and Freeman Inc. in response to the allocation of $200,000 from Fund 186 (Immokalee Redevelopment) for utility and road projects meets all necessary requirements. Therefore, Staff s recommendation to approve this project as a response to the allocation of $200,000 fro '~t Area~ (Immokalee Redevelopment) for utility and road projects in the Immokalee RedevelopmE 4AY 2 7 Z003. PREP/~RED ~C~~L~ URBAN DESIGN PLANNER COMMUNITY PLANNING & REDEVELOPMENT SECTION COMMUNITY PLANNING & REDEVELOPMENT MANAGER DA/TE DATE EWED BY: MA RGA RfE~T WUERSYLE ' P LAN N I~j(~ SERVICE~B,,DEPARTMENT DIRECTOR DENTON BAKER DIRECTOR FINANCE ADMINISTRATION AND HOUSING DATE ~JO/SEPH K. SCI-IMITT DATE IA~)MINISTRATOR ~OMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES -2- NIAY 2 7 2003 -3- MAY 27 2003. __. "- '~" ........iENGiNEERiNG CLIFTON ROAD EXTENSION EXHIBIT HAY 2 7 2OO3 pg. ~'~ EXECUTIVE SUMMARY TO APPROVE A BUDGET AMENDMENT OF $249,000 FOR THE EXPENDITURE OF FUNDS FROM FUND 'I86.1MMOKALEE REDEVELOPMENT, FOR PROJECTS WITHIN THE IMMOKALEE REDEVELOPMENT AREA. OBJECTIVE: To approve a budget amendment to transfer $249,000 from reserves to the operating budgets within Fund 186-1mmokalee Redevelopment, for projects within the immokar,=,e Redevelopmenl Area. CONSIDERATIONS: On March 19, 2003 the Community Redevelopment Agency approved the allocation of $249,000 from the Immokalee Redevelopment Trust Fund (Fund 186) for two projects within the Immokalee Redevelopment Area. The first project was the allocation of $200,000 from the Immokalee Redevelopment Trust Fund (Fund 186) towards utility and road projects in the 10u~ Street and Clifton Street Vicinity, as depicted in Figure 1. This budget amendment of $200,000 for the expenditure of funds from Fund 186-1mmokalee Redevelopment will fund utility and road projects within the lmmokalee Redevelopment District. The second project was the allocation of $49,000 from the Immokalee Redevelopment Trust Fund (Fund 186) for the funding of an Economic Incentive Study for the Immokalee Area. This budcjet amendment of $49,000 will be used for the funding of an Economic Incentive Study for the Immokalee Area prepared by Robert Charles Lesser & Co., LLC. FISCAL IMPACT: The $249,000 for the above two projects will be allocated from Reserves of Fund 186 (Immokalee Redevelopment). GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including Immokalee, that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. RECOMMENDATION: Recommendation that the Board of County Commissioners (BCC) approve the attached budget amendment of $249,000 for the funding of projects within the Immokalee Redevelopment Area. D. A~R-O'~ BI~A,~R,~RBAN DES GE PLANNER DAT~ COMMUNITY PLANNING ~ REDEVELOPMENT SECTION RAI~IDY COHE4~I, MANAGER DATE COMMUNITY PLANNING & REDEVELOPMENT SECTION HAY 2 7 2003 ~-iEW E D BY: ~ARGARE~ WUE~RSTLE, AICP PLANNING~ERVlCES DEPARTMENT DIRECTOR DENTON BAKER DIRECTOR FINANCE ADMINISTRATION AND HOUSING J~6~EPH K ~H~MITT / A~M~I~I~;~TOR ~)MMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVIGES DATE DATE DATE -2- MAY 2 7 2003 EXECUTIVE SUMMARY APPROVE CONTRACT AMENDMENT NO. 97-2715-A06 WITH AGNOLI, BARBER AND BRUNDAGE, INC. FOR THE LELY AREA STORMWATER IMPROVEMENT PROJECT (Project No. 51101) IN THE AMOUNT OF $70,000.00 OBJECTIVE: Obtain Board of County Commissioners (BOARD) approval of the sixth amendment to the contract with the consultant firm of Agnoli, Barber and Bmndage, Inc. for the ongoing engineering and permitting work for the Lely Area Stormwater Improvement Project. CONSIDERATIONS: On February 23, 1999 the County entered into a Professional Services Agreement with the consultant firm of Agnoli, Barber and Bmndage, Inc. for the Lely Area Stormwater Improvement Project - Phase I design work. Sub-consultants included in the original proposal were Johnson Engineering, Inc. and Camp, Dresser and McKee, Inc. The Agreement scope of work identified five tasks for this consultant team to complete, but as noted below three of the tasks were not implemented at the start of the contract. Task 1 - Basin/Funding District Boundary Determination Task 2 - Field Surveying and Documentation for Easement Acquisition (Not Implemented) Task 3 - Construction Plans Preparation (Not Implemented) Task 4 - Construction Bid Package Preparation (Not Implemented) Task 5 - Phasing and Cost Estimate Preparation The consultant has completed Task 1 and has also provided a preliminary cost estimate from Task 5. However, as design, environmental permitting efforts, easement acquisition and mitigation negotiations proceed, the cost estimate must be revised accordingly. Approved Amendments 1 through 5 to the Agreement have now implemented Tasks 2 and 3 while also adding an additional Task 6 for Additional Environmental Permitting and adding Forge Engineering, Inc. and Kevin L. Erwin Consulting Ecologist, Inc. to our group of consultants. Task 4 will continue to remain excluded from funding until the state and federal environmental permits are approved which will allow construction of improvements to start. The emphasis of this Amendment No. 6 is to provide additional funding for the environmental permitting effort. Much work has been completed to get a favorable review response from the South Florida Water Management District. The latest submittal of information to their office resulted in another "Request for Additional Information" letter. Two questions address environmental impacts while four questions address permit issuance formalities. Much effort has also been expended in the U.S. Army Corps of Engineers permitting process. The next major hurdle with the U.S. Army Corps of Engineers will be resolving concerns of the Environmental Protection Agency and then receiving the U.S. Army Corps of Engineers' letter wherein they will identify remaining areas of concern that must be sufficiently addressed before the federal dredge and fill permit can be issued. The additional funding requested for Amendment No. 6 is for some previously incurred expenses as well as anticipated expenses in prep: -: ........... *~' these state and federal agencies. No. ~ [.,g? ,/ MAY 2 7 2003 Pg. Executive Summary Page 2 If the effort to obtain the state and federal permit approvals is less than anticipated, the funding being placed into the Agreement by this Amendment No. 6 will be available for implementation of construction plans preparation in anticipation of progressing into the construction bidding phase of the project. ~.~FISCAL IMPACT: Original A~'eement amount Amendments No. 1 through 5 Total Current Agreement Amount (excludes Task 4) $ 79,926.00 472,842.50 $552,768.50 Amendment No. 6 TOTAL Amended Agreement Amount $70,000.00 $622,768.50 Funding for this additional engineering design and permitting work is available in the Stormwater Management CIP Fund (325) for this project (Project No. 51101). Source of funding is ad valorem taxes. GROWTH MANAGEMENT IMPACT: The Lely Area Stormwater Improvement Project is listed as CIE Project No. 291 and is in accordance with the intents of the Drainage Sub-element of the Public Facilities Element of the Growth Management Plan. RECOMMENDATION: Approve Contract Amendment No. 97-2715-A06 with Agnoli, Barber and Brundage, Inc. for the Lely Area Stormwater Improvement Project -Phase I and authorize the Chairman to sign for the Board. Additionally, if the effort to obtain the state and federal permit approvals is less than anticipated, the BOARD authorizes that funding being placed into the Agreement by this Amendment No. 6 will be available for implementation of construction plans preparation in anticipation of progressing into the construction bidding phase of the project. ~"~a~"~ ~"',~ Date: .~'W2~ '" O ) SUBMITrED BY: Robert C. Wile~', P.E., Principal Project Manager Stormwater Management Section/Road Maintenance Dept. REVIEWED BY: t~l~· .... Mike Etelamaki, P.E., Director Road Maintenance Department Stephen Y. C~mell, Director Purchasing Department Date: ~1~/~ AGENDA ITJEM NO. ~ (.-, ~ , HAY 2 7 2003 Executive Summary ABB Contract Amend No. 97-2715-A~ for LASIP Date: AGENDA IT~EM No._ \ L~, , MAY 2 7 2003 SIXTH AMENDMENT Contract Amendment No. 97-2715-A06 "Lely Area Stormwater Improvement Project - Phase I" This SIXTH Amendment. is dated May ,2003, amends the original Agreement, between Agnoli, Barber and Brundage, Inc. (the "Consultant") and Collier County, Florida, the ("O~saaer"). RE: Contract # 97-2715 "Lei}' Area Stormwater Improvement Project" This Amendment accomplishes two (2) purposes: It extends the time for completion of the entire project by an additional two hundred and seventy-five (275) days and also amends the budget for Task 6.A (RAI Responses) for the Consultant to properly respond to State and Federal Environmentai Regulatory responses. In order to cominue the services provided for the original Contract document referenced above, Consultant hereby agrees to amend the above referenced Contract as per the Supplemental Authorization Proposal Letter dated March 11, 2003, attached and incorporated herein by reference. which details this specific budget amendment. Amendments to Budgets: The budget for Task 6.A, Request for Additional Responses, is by this Amendment being increased by seventy thousand dollars (570,000.00). The original A~eement total amount was seventy-nine thousand nine hundred t~,enty-six dollars ($79,926.00). The sum total of Amendments One through Five for additional sen'ices is in the amount of four hundred sevent3'-two thousand eight hundred forty-two dollars and rift3, cents (S,172,842.50), which brought the total amount of the contract up to the current amount (before applying this 6th Amendment) of live hundred fifty-t',~..~ d:i.,usahd seven ha:;mcu -ixty .c~:m della:.,, and ii fry cents (S552,768.50). This Amendment No. 6 increases the total Agreement amount to six hundred twenty-two thousand seven hundred sixty-eight dollars and fifty cents ($622,768.50). Extension of Time: Time for completion of all work contained in this amended Contract shall be extended an additional two hundred and seventy-five (275) days. Therefore. as a result of this extension the total time of the contract is seventeen hundred thirty-two (1,732) calendar days and which results in a revised (extended) completion of contract date of November 30, 2003. All other terms of the contract remain the same and in full force and effect, including the effects of prior Amendment No. 97-2715-A05. IN WITNESS WHEREOF, 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. ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk Approved as to form a legal sufficienc): ~ [ Tom l~a~'mer, Assistant~County Attorney AT'g-EST: First Witness Printed Name of first ~'itness SeCond WitnesS' ,~ Printed Name of Se¥ond Witness OWNrER: BOARD OF COUNTY COMMISSIONERS COLLIER COLrNTY, FLORIDA By: TOM I-IENNING, Chairman CONSULTANT: AGNOLI; BARBER ~,I~"?....~NDJM3E INC. ~.D~iel W'. Bm~gff. P.E., President AGENDA ITffM NO._ ~ MAY 2 7 2003 Pg. ~ mmmBl'/m~ mmmmm~'-l~GNOI.,I mmmmmk-r~ mmmmmmm-t .... lmmmmp..U~L~~ mmmmmmm mmmmmmlK mmmmmd~..,L.~~AG~ ~c March 10, 2003 Mr. Robert C. Wiley, P.E. Collier County Stormwater Management / TECM 2685 Horseshoe Drive, Suite 212 Naples, FL 34104 Re: Lely Area Stormwater Improvement Project (LASIP) ABB PN 7599 Dear Mr. Wiley: We had recommended last summer that the budget for processing the LASIP permit application with the South Florida Water Management District (SFWMD) and the United States Army Corp of Engineers (USACOE) be increased due to the anticipated questions that would arise regarding requests for additional information from SFWMD and the requirements by the EPA to do a detailed water quality analysis. Instead of increasing the budget at that time, the County elected to utilize unexpended budget amounts in order to cover the time required to produce additional information for the permitting agencies during the processing of the permit. Our records indicate that the recent effort we expended in developing the latest submittal to the SFWMD and USACOE has caused us to exceed the current budget for R.A.I. responses. This is primarily due to additional efforts required to address water quality issues. Our efforts in this regard included generating an existing land use map of the basin, determining the acreage of the various land use categories for each control structure sub- basin, determining the average basin wide live storage during the 25-year storm, and generating loading and removal rates for BOD for each sub-basin. The amount of our effort that has exceeded the budget is $24,000.00 and we would suggest that an additional $46,000 also be added to the budget for additional R.A.I. responses. The total amount of recommended budget increase is therefore $70,000.00. I have enclosed a letter requesting the contract amendment as stated herein. If you have any questions please do not hesitate to call. ~,D,,JnieI'~ 'Brundaf~e, P.E. 'Presider ~ / Enclosure ~ DWB/yo K:\7599 Lely Outfall Basin\Correspondences'~Letter\02-005Y03.LTR.doc MAY 2 7 2003 !AX: ~)4[ 3.:4-! 175 11111/.4 ,.'-,x"r,'"~T T lllllfl. Illlllkl"} IIIIII I'~ A Al I ! IIE, I...~ !~1'~. ~ IIIIIIk'l"~ Prt)fi.'ssional engineers, planners, surveyors & mappers March 11, 2003 Mr. Robert C. Wiley, P.E. Collier County Stormwater Management / TECM 2685 S. Horseshoe Drive, Suite 212 Naples, FL 34104 Re: Lely Area Stormwater Improvement Project Amendment No. 6 Proposal Letter ABB PN 7599 Dear Mr. Wiley: Agnoli, Barber & Brundage, Inc., authorized to do business in the State of Florida, whose business address is 7400 Tamiami Trail North, Suite 200, Naples, Florida 34108 (hereinafter referred to as CONSULTANT), and the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as OWNER) have an Agreement for professional engineering and permitting services originally dated February 23, 1999. This Agreement has previously been amended five times. This letter is a proposal to amend the Agreement a sixth time to incorporate necessary work efforts to properly respond to State and Federal environmental regulatory agency comments and directions. The following paragraph identifies the work effort and funding modifications to current tasks within the Agreement. The monetary amounts specified in the following tasks reflect current task balances as of payment request No. 38 (1-17-03). Work Performed by Agnoli, Barber & Bmndage, Inc. Task 6.A. RAI Responses - The CONSULTANT shall provide additional permitting services consisting of preparing responses to Requests for Additional Information from the South Florida Water Management District, the U.S. Army Corp of Engineers, and agencies issuing comments to the U.S. Army Corps of Engineers. This will include modifying existing plan sheets and/or issuing new plan sheets as may be necessary, revising hydraulic and/or water quality calculations, and revising previously issued reports and permit documents as may be required by the aforementioned regulatory agencies. The cost estimate for these services is uncertain and is dependent u )on the complexity of issues raised by the State and Federal agencies. The CONSUl recommends that the budget for this item be increased by $70,000. blain Office: 7400 Tamiami Trail N., Suite 200, Naplcs, Florida 34108 Lee Count5': 1625 Hcndry St., Suitc 101, Fort Myers, Florida 33901 ~x~v~:abbinc.conl (239) 597-3111 F,-LX (239) 334-1173 FAX: 239) 334-1175 The total value of this Amendment No. 6 is $70,000, which consists of new money to this contract. ABB recognizes there is still additional money not billed under this contract, however, this money is allocated for the expenses of Camp, Dresser & McKee, Johnson Engineering, Forge Engineering and Kevin Erwin & Associates and needs to be used for their additional work expected under this contract. If you have any questions please do not hesitate to contact me. Very truly yours, AQNOLI, BARBER & BRUNDAGE, INC. Daniel W. l~mndag~, P.E. President ~ DWB/yo K:\7599 Lely Outfall Basin\Con-espondencesXLetter\02-006Y03.LTR.doc AGENDA ITEM No. \V,~ ! - MAY 2 7 2003 Pg. '~ O EXECUTIVE SUMMARY APPROVE SELECTION COMMITTEE'S RECOMMENDED SHORT LIST OF CONSULTANTS FOR RFP #03-3509, "CONSULTING AND DESIGN SERVICES FOR CAPACITY IMPROVEMENTS TO GOODLETTE-FRANK ROAD FROM GOLDEN GATE PARKWAY TO PINE RIDGE ROAD", COUNTY PROJECT NO. 60005 OBJECTIVE: To obtain Board approval of the Selection Committee's recommended short list of consulting firms for professional design services for the six-laning of Goodlette-Frank Road from Golden Gate Parkway to Pine Ridge Road, including improvements to the intersection of Golden Gate Parkway with Goodlette-Frank Road; and to obtain authorization to begin contract negotiations for subsequent Board approval. CONSIDERATIONS: With surrounding roadways in all directions at six lanes or in the process, it is necesssary to expand this section of Goodlette-Frank Road to six lanes in order to maintain an appropriate level of service. The Golden Gate Parkway intersection is presently in need of improvement, and predicted traffic growth makes these improvements an even greater priority. A Request for Proposal (RFP) was issued for the purpose cf establishing a contract with consulting firms capable of providing professional design services to the County for this project. The RFP was issued in accordance with Florida Statutes, Section 287.055, Consultant Competitive Negotiation Act, and was publicly advertised on April 1, 2003. Notices were sent to 153 firms, and responses were received from eight firms by the due date of April 25, 2003. A Selection Committee meeting was held on May 12, 2003. Following review, scoring and discussion of proposals, a consensus of the members of the Selection Committee selected and ranked the top three firms for the short list. Upon Board approval, negotiations will commence with the top ranked firm. The top three firms selected are: 1. American Consulting Engineers of Florida, LLC 2. Stanley Consultants Inc. 3. Boyle Engineering Corporation I ~'~t ~'ISCAL 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. RECOMMENDATION: That the Board Committee's selection and ranking of firms. with the top ranked firm. of County Commissioners: (1) Approve the (2) Authorize staff to begin contract negotiations AGENDAITE~ No._ ~ _,~ MAY 2 7 2003 pg. ~-- Allen R. Ruth, P.E., Senior Project Manager, TE&CM Departr0ent REVIEWED BY: ~.~'~~--~ Date: .~',//~/~ ~ Gregg R. Strakaluse, P.E., Director, TE&CM DePartment St~phen ¥.Carn~'ll, Purchas~'f~g/General Services Director Norman E. l:: ~-~:l~ r, ~P, Tr~$portati°~ Di¥i~ion Administrator HAY 2 7 2003 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID #03-3494 - ANNUAL CONTRACT FOR REWORKING OF SHOULDERS, SLOPES AND ROADSIDE DITCHES FOR THE APPROXIMATE ANNUAL AMOUNT OF $50, 000 OBJECTIVE: To provide an annual contract for maintenance to rework shoulders, slopes and roadside ditches 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 the maintenance to rework shoulders, slopes and roadside ditches countywide including County and State systems. Bid #03-3494 was posted on March 21, 2003. One hundred and ninety one (191) 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 Florida State Underground, Inc. as primary and to Better Roads 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.  FlSCAL IMPACT: Funding will come from the MSTD Capital Fund (111) in the approximate ~~~0.00. Source of funds are Ad Valorem Taxes. RECOMMENDATION: That the Board of County Commissioners award Bid #03-3494 to Florida State Underground, inc. As primary vendor and to Better Roads as secondary vendor and authorize the Chairman to sign the standard agreement after review by the County Attorney. "A'~{~0ny~V~i~ins; ~o~l~-t Age~4 /,,,'~ Viler, Superin~te~dent, 'l'~nsportation Maintenance,/ · REVIEWED BY:'-~ ~,.,o,,., //~)/,-,~-~t~.~ ~/(:~/, D"~'. Date: ~6-/~.~, Steve carnell, PL~rchasing~G~tDirector AGENI;3,A ITEM-~ HAY 2 7 2003 pg. REVIEWED BY: APPROVED BY: , 1 Etelamaki, l~irector Transportation Maintenance/ ~ ~/or~'-~n~E~F ~'~--~'er~,'~~rans ortat,on Ad Date 7" ' ' ' P ' ministrator : '''~''''/~'/~'~ ~ MAY 2 ? 2003 2 7 2003 pg. ,~ EXECUTIVE SUMMARy A RESOLUTION AUTHORIZING A SPEED LIMIT INCREASE FROM TWENTY-FIVE MILES PER HOUR (25 MPH) TO THIRTY-FIVE MILES PER HOUR (35 MPH) ON CORONADO PARKWAY AT A COST OF APPROXIMATELY $200. OBJECTIVE: To gain Board approval of a Resolution for raising the speed limit on the collector roadway Coronado Parkway. CONSIDERATIONS: Coronado Parkway is a collector roadway within the unincorporated area of Golden Gate City. In the year 2000, speed limits for all roads in the Golden Gate City area were set at 25 mph regardless of classification or use. A Traffic Speed Study performed by the Transportation Operations Department (Memo attached) has indicated the advisability of increasing the speed limits on the subject collector road in order to increase the safety and efficiency of that roadway. Increasing the speed limit on this collector road will necessitate the replacement of 4 existing speed limit sign panels. The sign replacement work will be performed by County forces. FISCAL IMPACT: The estimated cost of changing the necessary speed limit signs is $200.00, for which funds are available in Transportation Services (101). GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact. RECOMMENDATION: That the Board approve the Resolution increasing the speed limit, authorize the Chairman to execute the Resolution, and authorize the staff to erect the appropriate traffic control signs. PREPARED BY: REVIEWED BY: APPROVED BY: RobErt W. Tipton, P.E., Traffic~Operations Manage No~/~E: Fede}, A~ICP, Transportation Division Administrator DATE: DATE: DATE: MAY 2 7 2003 Pg. ~ RESOLUTION NO. 2003- A RESOLUTION AUTHORIZING A SPEED LIMIT INCREASE FROM TWENTY-FIVE MILES PER HOUR (25 MPH) TO THIRTY-FIVE MILES PER HOUR (35/vll:'H) ON CORONADO PARKWAY. WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Commissioners (BCC) to alter established speed limits on roads under its jurisdiction; and WHEREAS, Coronado Parkway falls under the jurisdiction of the BCC and has a twenty-five miles per hour (25 mph) speed limit; and WHEREAS, in accordance with Chapter 316, Florida Statutes, the BCC may alter such existing speed limits as may be appropriate upon the basis of an engineering and traffic investigation; and WHEREAS, the results of the County's engineering and traffic investigation indicate that an increase to the speed limit of thirty-five miles per hour (35 mph) is reasonable and safer under the conditions found to exist and that it conforms to criteria promulgated by the County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION'ERS OF COLLIER COUNTY, FLORIDA THAT: SECTION 1: The BCC does hereby establish a thirty-five miles per hour (35 mph) speed limit on Coronado Parkway and does hereby direct the Collier Count>' Transportation Operations Department to erect appropriate speed limit signs giving notice thereof. SECTION 2: A copy of this Resolution shall be forwarded to the Collier County SherifFs Office for proper enforcement of the established speed limit for Coronado Parkway. SECTION 3: The effective date of the speed limit increase shall be after written notification to the SherifFs Office and upon posting of appropriate signage. of This Resolution adopted after motion, second, and majority vote favoring same this 2003. day ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSION'ERS COLLIER COUNTY, FLORIDA BY: BY: TOM HENN~NG, Chairman Approved as to form and ttleid~ F.~s~on Assistant Collier County Attorney AGE?DA iTEM MAY 7. 7 2003 Memorandum To: From: C.C.: Date: Subject: Robert W. Tipton, P.E., Traffic Operations Manager Steve Yu, P.E., Traffic Operations Engineer Edward J. Kant, P.E., Transportation Operations Department Director April 23, 2003 Golden Gate City Speed Limit Review M Coronado Pkwy. Upon commissioner Henning's request, a speed limit study has been conducted at the above location. The findings and suggestions are as follows: 1. This is a four-lane, two-way divided roadway with the existing speed limit of 25 MPH. 2. The count station we set is located at the west of 50Th TERR. The 24-hour traffic and speed data have been collected for the study area. 3. The field test drive has also been conducted as a part of the study. The data collected from the field shows that the 85th percentile speed is 39.6 mi/h on eastbound traffic and 42.4 mi/h on westbound traffic. The 10 MPH pace is 30-40 mi/h on both directions. FDOT document "Speed Zoning for Highways, Roads, and Streets in Florida" states: A speed limit should not differ from the 85th percentile speed or upper limit of the 10 mi/h pace by more than 3 mi/h and it shall not be less than 8 mi/h. (FDOT Manual Number 750-010-002, 1997 Edition) Analysis: According to the DOT's requirements, the measured 85th percentile speed of 39.6mi/h on eastbound and 42.4mi/h on westbound would result in a 35 or 40 mi/h speed limit. The field test drive assured a comfortable travel speed at 35 mi/h on both directions. Recommendation: Based on the field speed data (85th percentile speed, 10 mi/h pace speed), field test-drives and FDOT requirements, it is our recommendation to change the speed limit on Coronado Pkwy from 25 MPH to 35 MPH. Attached are the 24-hour traffic counts (including speed data) and field pictures for your review. Should you have any questions, please contact me. Thanks. Transportation Services Division Transportation Operations Department Traffic Operations Section MAY 2 7 2003 Pg- · EXECUTIVE SUMMARY REJECT BIDS RECEIVED ON BID #03-3515 FOR PURCHASE AND DELIVERY OF REPLACEMENT BUS SEATS. OBJECTIVE: To reject all bids received for Bid//03-3515, "Purchase and Delivery of Replacement Bus Seats". CONSIDERATION: The seats currently utilized in Collier Area Transit's buses are in poor condition due to regular wear and occasional vandalism. Staff requested the Collier County Purchasing Department to complete a competitive bid process for the purchase and delivery of replacement bus seats. Nine (9) bid packages were sent out. Two (2) vendors submitted bids, one of which turned in an alternate bid. The bids received were well above the budgeted amount set aside for the purchase of replacement seats. Staff therefore recommends the Board reject all bids. yFISCAL IMPACT: There is no Fiscal Impact at this time. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: It is recommended that the Board of County Commissioners reject the bids for Bid #03-3515,Purchase and Delivery of Replacement Bus Seats. SUBMITTED BY: ~Y//~. ~ Date: ~//~ ,~illM. Brown, Public Transportation Planner REVIEWED BY: ,~ny~{.?mell~P~c~~al ervme Date: ~/~/~ S~nY.C , ' ~ S ' sDirector ' ' ~V~WEDBY: Dian~~}g~AltemativeTranspo~ationModesD~:tc~:or~/~]~~ ~PROVED BY: ~~~~ Dat~ ~?/~ - No~eder, Transpoaation Se~ices Administrator ~~TEM~ MAY 2 7 2003 Pg. ~ EXECUTIVE SUMMARY APPROVE TWO SEPARATE MEMORANDUM OF UNDERSTANDING DOCUMENTS WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT OBJECTIVE: Obtain Board of County Commissioners (BOARD) approval of the two Memorandum of Understanding documents with the South Florida Water Management District. The documents are required as part of the State permit approval process for the Lely Area Stormwater Improvement Project. CONSIDERATIONS: As the lengthy Lely Area Stormwater Improvement Project (LASIP) environmental permitting process with the South Florida Water Management District (DISTRICT) nears completion for the first phase of the project, it is necessary to address the issue of developing a Memorandum of Understanding (MOU). The purpose of a MOU is to ensure coordination oft he operation of all operable stormwater structures (e.g. flood gates, pumps, etc.) within the permitted project so there will not be a negative impact upon any DISTRICT operated canal systems. This MOU procedure is primarily the result of past operational problems encountered with stormwater management facilities along the east coast of Florida. To maintain uniformity of permit approvals, the DISTRICT has established a policy of requiring each permit incorporating an operable water management structure to include the development of a MOU. An MOU will only be developed with a governmental or quasi- governmental agency, and not with a private entity or homeowner association. The County's LASIP contains several weirs with flood gates as well as a stormwater pump station. The proposed LASIP MOU was developed by editing the standard language for a MOU from the SFWMD to address the specific needs of the LASIP. The second MOU presented for Board approval addresses a privately constructed flood gate structure along the southern edge of the Royal Wood development. During the intense rainfall of Tropical Storm Jerry in August 1995, the Royal Wood development experienced extensive flooding of streets and yards. Sometime after that, and during the same time period that Rattlesnake-Hammock Road was under construction for the 4-1aning between US-41 and Polly Avenue, a new flood gate structure was constructed from Royal Wood to the Rattlesnake- Hammock Road north swale. However, this was a modification to the Royal Wood stormwater management system that was never permitted with the SFWMD. Since the LASIP includes modifications to the Royal Wood development's stormwater management system, the SFWMD has determined that the County must first obtain a modification to the existing Royal Wood surface water permit to make the flood gate structure a legally permitted part of the stormwater management system. To do this, and at the direction of the SFWMD, County staff obtained a letter from the Royal Wood Golf and Country Club turning over to the Collier County Stormwater Management Department control of the operable structure agreeing to cooperate with any guidelines that the County issues. Subseq~ ept tn thnt nt-tlr~n, th_e . proper permit modification application was filed with the SFWMD. As a MAY 2 7 2003 Executive Summary Pa~e 2 of the Royal Wood surface water permit modification a separate MOU must be developed between the County and the SFWMD. The proposed Royal Wood MOU was developed by editing the standard language for a MOU from the SFWMD to address the specific needs of the existing Royal Wood structure as it relates to the LASIP. , sulbS~CAL IMPACT: The approval oft he MOU documents has no immediate fiscal impact but sequent construction of LASIP infrastructure will have a fiscal impact that will be addressed at the appropriate time. GROWTH MANAGEMENT IMPACT: The design and construction of stormwater facilities within the LASIP (CIE Project No. 291) are in accordance with the Capital Improvement Element and the Drainage Sub-element of the Public Facilities Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve entering into the Memorandum of Understanding for the Lely Area Stormwater Improvement Project and the Memorandum of Understanding for the Royal Wood development surface water permit modification application and authorize the Chairman to sign for the Board. SUBMITTED BY: Ro~be~a~C Wil,~ Date: . 'le~, P.E., Principal Project Manager Stormwater Management Section/TECM REVIEWED BY: et.,o Date: 'M~l~[-Etelan~aki, P.E., Director Road Maintenance Department APPROVED BY: ~~~/, ~ Date: AGENDA ITEM No. ~ [~ tr ~ MAY 2 7 2003 pg. '~ BEFORE THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN RE: ORDER NO. SFWMD 02- DAO-SWM MEMORANDUM OF UNDERSTANDING BETWEEN SOUTH FLORIDA WATER MANAGEMENT DISTRICT, AND COLLIER COUNTY GOVERNMENT, FLORIDA, TO OPERATE WATER CONTROL STRUCTURES OF THE LELY AREA STORM~VATER IMPROVEMENT PROJECT IN ANTICIPATION OF OR IN RESPONSE TO DEFINED EMERGENCY TRIGGERS (SFWMD PERMIT NO. 11- , LELY AREA STORMWATER IMPROVEMENT PROJECT, COLLIER COUNTY) Pursuant to Chapter 373, Florida Statutes and the rules promulgated thereunder, this Memorandum of Understanding (hereinafter referred to as MOU) for the operation of a Public Stormwater Management System for the Lely Area Stormwater Improvement Project (hereinafter referred to as LASIP) in anticipation of, or in response to, defined emergency triggers is being entered into by the South Florida Water Management District (hereinafter referred to as SFWMD), and Collier County Government, Florida (hereinafter referred to as COUNTY), by mutual consent and without this MOU constituting a waiver of any authority by SFWMD under Chapter 373, Florida Statutes. STATEMENT OF FACTS SFWMD is a public corporation of the State of Florida existing by virtue of Chapter 25270, Laws of Florida, 1949, and operating pursuant to Chapter 373, Florida Statutes, and Title 40E, Fla. Administrative Code, as a multipurpose water management district with its principal office at 3301 Gun Club Road, West Palm Beach, Florida, 33406. SFWMD is authorized to enter into agreements pursuant to Section 373.083, Florida Statutes. The COUNTY is a political subdivision of the State of Florida, created in 1923 by the Florida Legislature and given those powers enumerated in Article VIII, Section I, of the Constitution of Florida, as amended and supplemented and applicable provisions of Chapter 125, Florida Statutes. The principal office of the COUNTY is located at 3301 East Tamiami Trail, Naples Florida 34112. SFWMD and COUNTY desire to hereby arrive at an understanding that will establish guiding principles for the regulation and usage of each operable control structure for the benefit of the COUNTY, provided that the operation of all operable LASIP control structures as identified in Attachment "A", is carried out in accordance with the terms, conditions and defined emergency trigger/parameters contained in the Permit. Such Emergency Structure Operation is proposed by the COUNTY in order to alleviate flooding wherever possible without causing unacceptable adverse water resource impacts. AGENDA ITEM. No. Page 1 of 15 MAY 2 7 2003 Pg. ~ o 10. MEMORANDUM OF UNDERSTANDING AND AGREEMENT COUNTY RESPONSIBILITIES COUNTY shall strictly comply with the conditions contained in any SFWMD permit for the operation of all LASIP Emergency Structures and this MOU. COUNTY shall be required to obtain a Permit modification from SFWMD, and if applicable, a modification to this MOU for the construction and operation of any Emergency Structure(s) not currently permitted for such use. COUNTY will be the sole contact agency to SFWMD for the operation of the LASIP Emergency Structures. All requests to operate the LASIP Emergency Structures are to come from only COUNTY and not the residents of developments in the area. It shall be COUNTY's obligation to inform all residents of the provisions of this MOU. COUNTY shall at all times maintain lock mechanisms on the control mechanisms for the LASIP Emergency Structures in order to prevent unauthorized operation. COUNTY shall provide SFWMD/Big Cypress Basin field maintenance staff with a copy of the key or code necessary to unlock same. COUNTY shall be responsible for the enforcement of the prohibition against unauthorized or imp.roper operation of the LASIP Emergency Structures. If it is determined by SFWMD that operation of the LASIP Emergency Structures were improper or unauthorized, COUNTY shall take whatever steps are necessary to ensure the LASIP Emergency Structures are closed and secured if instructed to do so by SFWMD, until a mutually acceptable solution is agreed upon by the parties. During the review process of COUNTY's application to construct and operate the LASIP Emergency structures, which is resulting in the issuance of an Environmental Resource Permit ("Permit"), COUNTY and SFWMD considered what adverse flooding and water resource impacts, if any, the operation of the LASIP Emergency Structures may have on downstream users. This joint consideration resulted in a finding that no sig~fificant adverse flooding or water resource impacts are anticipated to the downstream system users. However, if in the reasonable opinion of SFWMD, an unacceptable and adverse impact of a nature prohibited by the applicable Permit, Chapter 373 or SFWMD rule, does occur or is anticipated to occur to downstream system users as a result of the operation of the LASIP Emergency Structures, SFWMD may, at its discretion, prohibit the continued operation of the Emergency Structure until such time as COUNTY receives SFWMD approval by either an amendment to the Permit and/or this MOU in order to eliminate such unacceptable and adverse impact. COUNTY shall consider water conservation each time it operates or requests authorization from SFWMD to operate the LASIP Emergency Structures. It is the intent of both COUNTY and SFWMD to conserve fresh water supplies. Requests to operate the LASIP Emergency Structures at any stages other than those listed in the Permit or Attachment A of this MOU, may be considered by°~L,'{l~'~3~it~'~et~t't ;FW; ,' .... a MAY 2 7 2003 Page 2 of 15 11. 12. 13. 14. declared emergency or disaster in effect. Such declaration may be issued by a governmental entity or agency. In addition, SFWMD may determine that conditions adversely impacting public health, safety, welfare or property exist which warrant operation of the LASIP Emergency Structures. All LASIP Emergency Structure operational activities contemplated by this MOU shall be implemented as set forth in the plans, specifications and performance criteria as set forth in the Permit. Any deviation from the authorized activities and the conditions for undertaking said activities will constitute a violation of the Permit, this MOU, and Part IV, Chapter 373, Fla. Stat. COUNTY shall require the contractor that it uses to install the LASIP Emergency Structures and COUNTY's staff to review and become familiar with the terms and conditions of the Permit and this MOU. Activities contemplated by this MOU or the Permit shall be conducted in a manner that does not cause violations of State water quality standards. COUNTY shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards at the LASIP Emergency Structure sites. Temporary erosion control shall be implemented prior to and during construction of the LASIP Emergency Structures and permanent control measures shall be completed within 7 days following such construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the work authorized by the Permit. Turbidity barriers shall remain in place at all locations until such LASIP Emergency Structure construction is completed mad soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E- 4.091, Fla. Admin. Code, unless a project-specific erosion and sediment control plan is approved as part of the Permit. COUNTY shall correct any LASIP Emergency Structure construction or operational related erosion or shoaling that causes adverse impacts to the water resources. Within 30 days after completion of construction of the authorized Permit activity, COUNTY shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law. The statement of completion and certification shall be based on on-site observation of construction or review of as-built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. The submittal shall serve to notify SFWMD that the LASIP Emergency Structures are ready for inspection. Additionally, if deviation from the approved drawings is discovered during the certification process, a copy of the approved drawings must accompany the certification with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as-built" or "record" drawing. A registered surveyor shall certify all surveyed dimensions and elevations. AGE~,~A ITEM No. ~ ~ MAY 2 7 2003 Page 3 of 15 pg. ~' 15. 16. 17. 18. 19. 20. 21. 22. Should any other regulatory agency require changes to the construction or operation of the LASIP Emergency Structures, COUNTY shall notify SFWMD in writing of the changes prior to implementation so that a determination can be made whether a modification to the Permit and/or MOU is required. Changes requiring a modification to the Permit and/or this MOU shall not be made until approved by the SFWMD. This MOU does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this MOU. This MOU does not convey to COUNTY or create in COUNTY any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by COUNTY, or convey any rights or privileges other than those specified in the MOU and Chapter 40E-4 or Chapter 40E-40, Fla. Admin. Code. COUNTY shall obtain a Water Use Permit prior to LASIP Emergency Structure related construction dewatering, if applicable, unless the work qualifies for a General Permit pursuant to subsection 40E-20.302(4), Fla. Admin. Code, also known as the "No Notice" rule. COUNTY shall hold and save SFWMD harmless from any and all damages, claims, or liabilities that may arise by reason of the alteration, operation, maintenance, removal, abandonment or use of the LASIP Emergency Structures authorized by this MOU. Nothing contained herein shall be construed as a waiver by COUNTY of the liability limits established in Section 768.28, Fla. Stat. COUNTY shall notify SFWMD in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the LASIP Emergency Structures or the real property on which the LASIP Emergency Structures are located. All transfers of ox~mership are subject to the requirements of Rules 40E-1.6105 and 40E-1.6107, Fla. Admin. Code. COUNTY shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the property containing the LASIP Emergency Structures or the ownership or control of the LASIP Emergency Structures. Upon reasonable advance notice to COUNTY, SFWMD's authorized staff with proper identification shall have permission to enter, inspect, sample and test the LASIP Emergency Structures to ensure, their conformity with the plans and specifications authorized by the Permit. If historical or archeological artifacts are discovered at any time on the project site, COUNTY shall immediately notify SFWMD's West Palm Beach Service Center. COUNTY shall immediately notify the SFWMD's Environmental Resource Compliance Department, in writing, of any previously submitted LASIP Emergency Structure information that is later discovered to have been inaccurate at the tim .. ot s~r~wEl~1 . No._ 4 of 15 MAY 2 7 2003 Page pg. (o -- SFWMD RESPONSIBILITIES 23. 24. 25. 26. 27. SFWMD shall coordinate with COUNTY following receipt of a request from COUNTY for authorization to operate the LASIP Emergency Structures, and shall respond within a reasonable time period, in order to ensure the operation is in accordance with this MOU and the applicable Permit conditions. SFWMD shall coordinate with COUNTY to ensure compliance of SFWMD rules and policies for the operation &the LASIP Emergency Structures. JOINT RESPONSIBILITIES COUNTY and SFWMD shall each designate, in writing, a principal contact person to coordinate the provisions of the Permit and this MOU. COUNTY and SFWMD shall meet in January of each year to assess compliance with the Permit and this MOU and its effectiveness in achieving the above stated objectives. Any concerns with the terms and conditions of the Permit, this MOU or any problems with implementation shall also be addressed at these times. SFWMD shall be the entity responsible for coordinating the meeting schedule. COUNTY agrees that any future permit applications for construction and/or operation of the LASIP Emergency Structures shall be consistent with this MOU or the MOU may be modified accordingly. All future permit applications shall be consistent xvith the MOU including the following principles: ao All emergency gates or other operable bleed down mechanisms will require a permit from SFWMD. Structures that control discharge directly to SFWMD canals shall be Individual Permit Applications. In some cases, internal structures within a local drainage district or government entity's jurisdiction may be determined by SFWMD staff to be General Permit Applications. SFWMD staff will reach a decision on whether internal structures will be required to be Individual or General Permits after consideration of the site specific circumstances and consultation with SFWMD staff. bo LASIP Emergency Structures will only be permitted when the operating government entity is the COUNTY. COUNTY, as the applicant, shall demonstrate that it has crews available to operate and maintain the LASIP Emergency Structure. SFWMD's authorization of a LASIP Emergency Structure is premised upon COUNTY having operating control of the surface water management system affecting the LASIP Emergency Structure and not just the outfall structure except in the instance where a portion of the LASIP water management system flows through a private development. In such an instance, the COUNTY shall be responsible for operation and maintenance of the LASIP Emergency Structure and the private development's responS ~1~, ,,,,;,,, ~,~, ~.~ No. \ Page 5 of 15 MAY 2 7 2003 F'g. "~ responsible for the remaining portions of the water management system within the boundaries of the private development. 28. COUNTY and SFWMD have jointly developed a list of defined emergency triggers, as set forth in the Permit, to determine when a situation is considered to be an emergency. In the context of this MOU, "emergency" is defined as a situation when immediate action is necessary to protect public health, safety, or welfare; the health of animals, fish or aquatic life; the works of the SFWMD; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. 29. COUNTY, as the operator of the LASIP Emergency Structures, has in its application, submitted an operation schedule that identifies the critical elevation that causes an emergency to exist and identifies why this elevation constitutes an emergency. It also submitted information pertaining to other alternative solutions that have been implemented or rejected. 30. COUNTY, as the operator of the LASIP Emergency Structures, has demonstrated through calculations, that the downstream conveyance capacity of associated surface water management systems is available to accept the anticipated flow if the Emergency Structure is opened during an off peak condition. It is the intent of this MOU, that such calculations be based upon COUNTY's analysis of the system under its control and associated systems, excluding the SFWMD's system. SFWMD will assist in respect to analyzing the impacts to its system. 31. If COUNTY improperly uses a LASIP Emergency Structure at any time outside of the conditions established by this MOU, SFWMD may require measures that render the LASIP Emergency Structure inoperable. If the measures required by SFWMD to render the LASIP Emergency Structure inoperable result in physical damage or impairment to the LASIP Emergency Structure, the SFWMD shall be responsible to reimburse COUNTY for all costs associated to restore the LASIP Emergency Structure back to operable status after a mutually agreeable resolution of the improper usage has been established. 32. COUNTY shall conserve fresh water whenever possible. However, it is recognized that there may be certain emergency circumstances that warrant lowering of the LASIP stormwater management system component water levels below control elevation for a period of time, such as a situation where, to minimize flooding, SFg/2vlD is opening its gates to lower canal water levels in anticipation of major rain events (e.g. tropical cyclones). In the absence of being able to get previous approval from the SFWMD and in such emergency circumstances, COUNTY may operate the LASIP Emergency Structures as it deems necessary during such emergency circumstances to protect public health, safety, or welfare; the health of animals, fish or aquatic life; the works of the SFWMD; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. The COUNTY has the authority to use of tb~ I ~ qT_o_..~ determine the appropriate water level that should be used during the Emergency Structures in such emergency situations. The COUNT Page 6 of 15 MAY 2 7 2003 -- 33. 34. 35. 36. 37. SFWMD within twenty-four (24) hours of the termination of such emergency conditions of any LASIP Emergency Structure operational measures the COUNTY undertook without prior notice and approval of the SFWMD. In older developed areas with substandard water management systems that do not meet SFWMD's current flood protection design criteria, SFWMD staff will consider the lowering of ditch or canal levels below existing control levels in advance of an approaching storm or anticipated heavy rainfall. MISCELLANEOUS PROVISIONS This MOU may only be amended by mutual written agreement of the governing body of COUNTY and the Governing Board of the SFWMD, which amendments may include, but are not limited to, those needed to authorize changes in the LASIP Emergency Structures' operational parameters, physical modifications to LASIP Emergency Structures, or termination of the MOU as the result of a finding that there is no potential for a negative impact to a SFWMD managed canal, as the two governing bodies deem necessary in order to address adverse water resource impacts or impacts prohibited in Rule 40E-4.301 or 40E-4.302, F.A.C., if any. In the event it is determined that operation of the LASIP Emergency Structures are causing unacceptable adverse impacts to the water resources or impacts prohibited in 40E-4.301 or 40E.4.302, F.A.C., the governing body of a party hereto, following such finding, may terminate its participation in this MOU by either mutual written agreement with the other party or by providing one hundred eighty (180) days prior written notice to the other party; provided that any such termination by the Governing Board of SFWMD shall only be effectuated through the revocation of the Permit, or applicable LASIP Emergency Structure portion thereof, as the case may be, pursuant to Sections 373.429 and 120.60, Florida Statutes. Further, after consideration of the most economically efficient options available for protection of water resources, the Governing Board of SFWMD may order, as an aspect of its revocation of this MOU and the subject Permit or applicable LASIP Emergency Structure portion thereof, as the case may be, that: (A) the emergency operation component of the LASIP Emergency Structure be removed, or (B) the LASIP Emergency Structure be modified to permanently prohibit usage by operation. Notwithstanding this condition, in no event shall any provisions of this MOU prohibit or undermine the SFWMD's ability to prevent unacceptable adverse impacts to the water resources or impacts prohibited in Rule'40E-4.301 or 40E-4.302, F.A.C. This MOU, together with the Permit, incorporates, embodies and expresses all agreements and understandings regarding the LASIP Emergency Structures between SFWMD and COUNTY, and may not be altered except as authorized in paragraph number 33 above. - AGENDA ITEM ~/ No._ 1, -- MAY 2 7 2003 Page 7 of 15 38. 39. 40. 41. 42. This MOU shall not constitute a waiver of the SFWMD's regulatory jurisdiction, nor be construed to authorize any activity within the jurisdiction of the SFWMD except in accordance with the express terms of this MOU and the Permit. Nothing in this MOU, whether expressed or implied, is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this MOU. There shall be no waiver of any right contained in this MOU unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this MOU shall impair such right or be construed to be a waiver thereof. Any waiver shall be limited to the particular rights so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this MOU. The invalidity of one or more of the terms or conditions contained in this MOU shall not affect the validity of the remaining portion of the MOU provided that the material purposes of this MOU can be determined and effectuated. In the event of a conflict between the provisions of this MOU and the Permit, the provisions of the Permit shall prevail. The Governing Board of the SFWMD authorized its Executive Director, or designee, to execute this MOU. NOTICE OF RIGHTS Section 120.569(1), Fla. Stat. requires that ".each notice shall inform the recipient of any administrative hearing or judicial review that is available under this section, s. 120.57, or s. 120.68; shall indicate the procedure which must be followed to obtain the hearing or judicial review, and shall state the time limits which apply." Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. Petition for Administrative Proceedings 1. A person whose substantial interests are affected by the South Florida Water Management District's (SFWMD) action has the right to request an administrative hearing on that action. The affected person may request either a formal or an informal hearing, as set forth below. A point of entry into administrative proceedings is governed by Rules 28-106.111 and 40E-1.511, Fla. Admin. Code, (also published as an exception to the Uniform Rules of Procedure as Rule 40E-0.109), as set forth below. Petitions are deemed filed upon receipt of the original documents by the SFWMD Clerk. a. Formal Administrative Hearing: If a genuine issue(s) of material fact is in dispute, the affected person seeking a formal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(1), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either mail or posting or publication of notice that the SFWMD has or intends to take final agency Page 8 of 15 substantially comply with the requirements of Rule 28-106.201(2), Fla. Admin. Code, a copy of which is attached to this Notice of Rights. b. Informal Administrative Hearing: If there are no issues of material fact in dispute, the affected person sedcing an informal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(2), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notic~ that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-106.301(2), Fla. Admin. Code, a copy of which is attached to this Notice of Rights. c. Administrative Complaint and Order: If a Respondent objects to a SFWMD Administrative Complaint and Order, pursuant to Section 373.119, Fla. Stat. (1997), the person named in the Administrative Complaint and Order may file a petition for a hearing no later than 14 days alter the date such order is served. Petitions must substantially comply with the requirements of either subsection a. or b. above. d. State Lands Environmental Resource Permit: Pursuant to Section 373.427, Fla. Stat., and Rule 40E-1.511(3), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), a petition objecting to the SFWMD's agency action regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands (SLERPs), must be filed within 14 days of the notice of consolidated intent to grant or deny the SLERP. Petitions must substantially comply with the requirements of either subsection a. or b. above. e. Emergency Authorization and Order: A person whose substantial interests are affected by a SFX,X,~iD Emergency Authorization and Order, has a right to file a petition under Sections 120.569, 120.57(1), and 120.57(2), Fla. Stat., as provided in subsections a. and b. above. However, the pe?son, or the agent of the person responsible for causing or contributing to the emergency conditions shall take whatever action necessary to cause immediate compliance with the terms of the Emergency Authorization and Order. f. Order for Emergency Action: A pers6n whose substantial interests are affected by a SFWMD Order for Emergency Action has a right to file a petition pursuant to Rules 28-107.005 and 40E-1.611, Fla. Admin. Code, copies of which are attached to this Notice of Rights, and Section 373.119(3), Fla. Stat., for a hearing on the Order. Any subsequent agency action or proposed agency action to initiate a formal revocation proceeding shall be separately noticed pursuant to section g. below. g. Permit Suspension, Revocation, Annulment, and Withdrawal: If the SFWMD issues an administrative complaint to suspend, revoke, annul, or withdraw a permit, the COUNTY may request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Fla. Stat., within 21 days of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-107.004(3), Fla. Admin. Code, a copy of which is attached to this Notice of Rights. 2. Because the administrative hearing process is designed to formulate final agency action, the filing of a petiti°n means that the SFWMD's final acti°n may be different fl°m the p°siti°n taken b31 it pre~'~[~4~' ~ffCtl:t~ iNo. Page 9 of 15 lqA¥ 2 ?2003 pg._ \\ _ whose substantial interests may be affected by any such final decision of the SFWMD shall have, pursuant to Rule 40E-1.511(2), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), an additional 21 days from the date of receipt of notice of said decision to request an administrative hearing. However, the scope of the administrative hearing shall be limited to the substantial deviation. 3. Pursuant to Rule 40E-1.511(4), Fla. Admin. Code, substantially affected persons entitled to a hearing pursuant to Section 120.57(1), Fla. Stat., may waive their right to such a hearing and request an informal hearing before the Governing Board pursuant to Section 120.57(2), Fla. Stat., which may be granted at the option of the Governing Board. 4. Pursuant to Rule 28-106.111(3), Fla. Admin. Code, persons may file with the SFWMD a request for extension of time for filing a petition. The SFWMD, for good cause shown, may grant the extension. The request for extension must contain a certificate that the petitioner has consulted with ali other parties, if any, concerning the extension and that the SFWMD and all other parties agree to the extension. Circuit Court 5. Pursuant to Section 373.617, Fla. Stat., any substantially affected person who claims that final agency action of the SFWMD relating to permit decisions constitutes an unconstitutional taking of property without just compensation may seek judicial review of the action in circuit court by filing a civil action in the circuit court in the judicial circuit in which the affected property is located within 90 days of the rendering of the SFWMD's final agency action. 6. Pursuant to Section 403.412, Fla. Stat., any citizen of Florida may bring an action for injunctive relief against the SFWMD to compel the SFWMD to enforce the laws of Chapter 373, Fla. Stat., and Title 40E, Fla. Admin. Code. The complaining party must file with the SFWIvlD Clerk a verified complaint setting forth the facts upon which the complaint is based and the manner in which the complaining party is affected. If the SFWMD does not take appropriate action on the complaint within 30 days of receipt, the complaining party may then file a civil suit for injunctive relief in the 15th Judicial Circuit in and for Palm Beach County or circuit court in the county where the cause of action allegedly occurred. 7. Pursuant to Section 373.433, Fla. Stat., a private citizen of Florida may file suit in circuit court to require the abatement of any stormwater management system, dam, impoundment, reservoir, appurtenant work or works that violate the provisions of Chapter 373, Fla. Stat. District Court of Appeal 8. Pursuant to Section 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.1 I0 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. Land and Water Adjudicatory Commission 9. A party to a "proceeding below" may seek review by the Land and Water Adjudicatory Commission (LAWAC) of SFWMD's final agency action to determine if such action is consistent with the provisions and purposes of Chapter 373, Fla. Stat. Pursuant to Section 373.114, Fla. Stat., and Rules 42-2.01 ~ and ~_.~, II~lE. ld~ b~AY 2 1 2003 Page 10 of 15 Admin. Code, a request for review of(a) an order or rule of the SFWMD must be filed with LAWAC within 20 days after rendition of the order or adoption of the rule. sought to be reviewed; (b) an order of the Department of Environmental Protection (DEP) requiring amendment or repeal of a SFWMD rule must be filed with LAWAC within 30 days of rendition of the DEWs order, and (c) a SFWMD order entered pursuant to a formal administrative hearing under Section 120.57(I), Fla. Stat., must be filed no later than 20 days after rendition of the SFWMD's final order. Simultaneous with filing, a copy of the request for review must be served on the DEP Secretary, any person named in the SFWMD or DEP final order, and all parties to the proceeding below. A copy of Rule 42-2.013, Fla. Admin. Code is attached to this Notice of Rights. Private Property Rights Protection Act 10. A property owner who alleges a specific action of the SFWMD has inordinately burdened an existing use of the real property, or a vested right to a specific use of the real property, may file a claim in the circuit court where the real property is located within I year of the SFWMD action pursuant to the procedures set forth in Subsection 70.001 (4)(a), Fla. Stat. Land Use and Environmental Dispute Resolution 11. A property owner who alleges that a SFWMD development order (as that term is defined in Section 70.51(2)(a), Fla. Stat. to include permits) or SFWMD enforcement action is unreasonable, or unfairly burdens the use of the real property, may file a request for relief with the SFWMD within 30 days of receipt of the SFWMD's order or notice of agency action pursuant to the procedures set forth in Subsections 70.51(4) and (6), Fla. Stat. Mediation 12. A person whose substantial interests are, or may be, affected by the SFWMD's action may choose mediation as an alternative remedy under Section 120.573, Fla. Stat. Pursuant to Rule 28-106.111(2), Fla. Admin. Code, the petition for mediation shall be filed within 21 days of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Choosing mediation will not adversely affect the right to an administrative hearing if mediation does not result in settlement. Pursuant to Rule 28-106.402, Fla. Admin. Code, the contents of the petition for mediation shall contain the following information: (1) The name, address, and telephone number of the person requesting mediation and that person's representative, if any; (2) A statement of the preliminary agency action; (3) An explanation of how the person's substantial interests will be affected by the agency determination; and (4) A statement of relief sought. As provided in Section 120.573, Fla. Stat. (1997), the timely agreement of all the parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Fla. Stat., for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within 60 days of the execution of the agreement. If mediation results in settlement of the dispute, the SFWMD must enter a final order incorporating _ the a~eement of the parties. Persons whose substantial interest will be affected by such 5mod~)~;yT~i~n MAY 2 7 2003 Page 11 of 15 have a right to petition for hearing within 21 days of receipt of the final order in accordance with the requirements of Sections 120.569 and 120.57, Fla. Stat., and SFWMD Rule 28-106.201(2), Fla. Admin. Code. If mediation terminates without settlement of the dispute, the SFWMD shall notify all parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Fla. Stat., remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action. Variances and Waivers 13. A person who is subject to regulation pursuant to a SFWMD rule and believes the application of that rule will create a substantial hardship or will violate principles of fairness (as those terms are defined in Subsection 120.542(2), Fla. Stat.) and can demonstrate that the purpose of the underlying statute will be or has been achieved by other means, may file a petition with the SFWMD Clerk requesting a variance from or waiver of the SFWMD rule. Applying for a variance or waiver does not substitute or extend the time for filing a petition for an administrative hearing or exercising any other right that a person may have concerning the SFWMD's action. Pursuant to Rule 28- 104.002(2), Fla. Admin. Code, the petition must include the following information: (a) The caption shall read: Petition for (Variance from) or (Waiver of) Rule (Citation) (b) The name, address, telephone number and any facsimile number of the petitioner; (c) The name, address telephone number and any facsimile number of the attorney or qualified representative of the petitioner, (if any); (d) The applicable rule or portion of the rule; (e) The citation to the statue the rule is implementing; (f) The type of action requested; (g) The specific facts that demonstrate a substantial hardship or violation of principals or' [hirness that 'would justify a waiver or variance for the petitioner; (h) The reason why the variance or the waiver requested would serve the purposes of the underlying statute; and (i) A statement of whether the variance or waiver is permanent or temporary. If the variance or waiver is temporary, the petition shall include the dates indicating the duration of the requested variance or waiver. A person requesting an emergency variance from or waiver ora SFWMD rule must clearly so state in the caption of the petition. In addition to the requirements of Section 120.542(5), Fla. Stat. pursuant to Rule 28-I04.004(2), Fla. Admin. Code, the petition must also include: a) The specific facts that make the situation an emergency; and b) The specific facts to show that the petitioner will suffer immediate adverse effect unless the variance or waiver is issued by the SFWMD more expeditiously than the applicable fimeframes set forth in Section 120.542, Fla. Stat. Waiver of Rights 14. Failure to observe the relevant time frames prescribed above will constitute a waiver of such right. 28-106.201 Initiation of Proceedings (Involving Disputed Issues of Material Fact) Page 12 of 15 AGENDA NO._ '~.~ . HAY 2 7 2003 pg. ~;"~ _ (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, if (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) (d) (e) A statement of when and how the petitioner received notice of the agency decision; A statement of ail disputed issues of material fact. If there are none, the petition must so indicate; A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (f) A demand for relief. 28-106.301 Initiation of Proceedings (Not Involving Disputed Issues of Material Fact) (2) All petitions filed under these rules shall contain: (~) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A concise statement of the ultimate facts alleged, as well as the rules and statutes ~vhich entitle the petitioner to relief; and (e) A demand for relief. 28-107.004 Suspension, Revocation, Annulment, or Withdrawal (3) Requests for hearing filed in accordance with this rule shall include: (a) The name and address of the party making the request, for purposes of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. 42-2.013 Request for Review Pursuant to Section 373.114 or 373.217 (1) In any proceeding arising under Chapter 373, F.S., review by the Florida Land and Water Adjudicatory Commission may be initiated by the Department or a party by filing a request for such review with the Secretary of the Commission and serving a copy on any person named in the rule or order, and on all parties to the proceedin,~ which~ resulted in the order sought to be reviewed. A certificate of service showing completion of ~e~!c~l~x~ot~el~'~41]/s' HAY 2 7 2003 Page 1 3 of 1 5 pg. '~ _ subsection shall be a requirement for a determination of sufficiency under Rule 42-2.0132. Failure to file the request with the Commission within the time period provided in Rule 42-2.0132 shall result in dismissal of the request for review. (2) The request for review shall identify the rule or order requested to be reviewed, the proceeding in which the rule or order was entered and the nature of the rule or order. A copy of the rule or order sought to be reviewed shall be attached. The request for review shall state with particularity: (a) How the order or rule conflicts with the requirements, provisions and purposes of Chapter 373, F.S., or rules duly adopted thereunder;, (b) How the rule or order sought to be reviewed affects the interests of the party seeking review; (c) The oral or written statement, sworn or unsworn, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated in a proceeding previously instituted pursuant to Chapter 120, F.S., on the order for which review is sought; (d) If review of an order is being sought, whether and how the activity authorized by the order would substantially affect natural resources of statewide or regional significance, or whether the order raises issues of policy, statutory interpretation, or rule interpretation that have regional or statewide significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(s); and (e) The action requested to be taken by the Commission as a result of the review, whether to rescind or modify the order, or remand the proceeding to the water management district for further action, or to require the water management district to initiate rulemaking to adopt, amend or repeal a rule. 28-107.005 Emergency Action (I) If the agency finds that immediate serious danger to the public h'ealth, safety, or welfare requires emergency action, the agency shall summarily suspend, limit, or restrict a license. (2) The 14-day notice requirement of Section 120.569(2)Co), F. S., does not apply and shall not be construed to prevent a hearing at the earliest time practicable upon request of an ag~ieved party. (3) Unless otherwise provided by law, within 20 days after emergency action taken pursuant to para~m'aph (1) of this rule, the agency shall initiate a formal suspension or revocation proceeding in compliance with Sections 120.569, 120.57. and 120.60, F.S. 40e-1.611 Emergency Action (1) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. (2) The Executive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an emergency order has been issued, after the expiration of the requisite time for compliance with that order. Page 14 of 15 AGENDA iTEM MAY 2 7 2003 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed in counterpart originals by their duly authorized representative(s) on the latest day and year noted below. Executed by SFW'MD this __ ATTEST: Day of .., 2003 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY: TONY BURNS Assistant Secretary LEGAL FORM APPROVED BY: Name Title BY: FRANK S. BARTOLONE Senior Attorney Passed and approved by the Board of County Commissioners of Collier Count)', Florida, this ~ Day of .., 2003. ATTEST: Dwight E. Brock, Clerk BY: Deputy Clerk (Attest as to Chairman's signature only.) Approved as to form and legal sufficiency: Thom~a~ C. Paimer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: Tom Henning, Chairman Page 15 of 15 - AGENDA iTEM NO._ \ ~, ~', MAY 2 7 2003 EXECUTIVE SUMMARY APPROVE THE $90,000 PURCHASE OF LOT 44, PALM RIVER ESTATES UNIT 7, BLOCK "A" (PROJECT NUMBER 51017) PROVIDING FOR ACCESS TO THE COUNTY OWNED AND OPERATED PALM RIVER WATER CONTROL STRUCTURE OBJECTIVE: To receive Board of County Commissioners' approval to purchase Lot 44, Palm River Estates Unit 7 Block "A" providing sufficient access to the Palm River weir. CONSIDERATIONS~: The existing Palm River weir (water control structure) is located on the north side of Lot 44 on the north side of Sharwood Drive. There is an existing 20' wide L- shaped easement intended to provide access to this structure from Sharwood Drive. The 20' wide access easement is centered on existing property lines such that the western 10 feet is located along the east side of Lot 43 and the eastern 10 feet is located along the west side of Lot 44. Lot 44 is currently vacant and unimproved. For years, access to the weir has been through the vacant Lot 44, without any objections from the owner. The 20' wide access easement has not been being used due to extensive obstructions (e.g. electrical transformer, landscaping and a large oak tree). If the County does not purchase the lot it will surely be developed for residential use. County maintenance crews will have to access the weir exclusively via the existing easement. This would require removal of some or all of the current encroachments. During. the rainy season when this structure is operated and maintained, as frequently as every day, intrusions to both the existing Lot 43 property owner as well as the future Lot 44 property owner may become an issue. Also, in the event that the weir would need significant maintenance, repair, or reconstruction, land in addition to the existing easement area would more than likely be required for equipment access and staging. This scenario could significantly increase the cost and level of difficulty of such repair or maintenance. By purchasing LOt 44, adequate access to a significant, existing water control structure will be secured in perpetuity. Three large existing oak trees can be preserved on the lot, assuring a pleasant aesthetic look compatible with the surrounding area. Regular access to the weir can continue to be conducted in an unobtrusive manor by maintaining adequate distances from the existing adjacent residences. An in-house value estimate, title work and other related real property tasks, as well as, a phase one environmental assessment have been completed for the property, and a draft purchase agreement for Lot 44 has been negotiated with the current owner. Utilizing current market data, the Review Appraiser for the Transportation Division found comparable properties valued between $87,000.00 and $98,000.00. County Staff and the owner negotiated the price of $90,000.O0. - AGENDA ITEM ..--. No._ _t gaf 2 7 2003 Executive Summa~ Palm River Weir Access Page 2 of 2 FISCAL IMPACT_: The purchase price is $90,000. Closing costs and recording fees are estimated not to exceed $600.00. Funding in the amount of $97,000.00 is available in Fund 325 (1981 Water Management CIP) for the Palm River Weir access (Project. No. 51017). Source of funding is ad valorem taxes. GROWTH MANAGEMENT IMPACT,: There is no impact to the Growth Management Plan. RECOMMENDATION..: That the Board of County Commissioners waive the requirement for an independent real estate appraisal pursuant to the provisions of Section 125.355, F.S. and approve the pUrchase of Lot 44, Palm River Estates Unit 7, Block "A", along with all fees associated with the purchase of this property, authorize the Chairman to sign for the Board, and authorize staff to record the documents. ~er~ld N. Kurtz, P.~., girl Stormwater Management Section/Road Maintenance Department REVIEWED BY: ~/~a~" ~~ Date: Robert C. WileydP.E., Principal Project Manager Stormwater Management Section/Roa%Maintenance Depart.men) REVIEWED BY: ~ Date: ~l~cha~el Etlamal[i, P.E., Birector / / Road Maintenance Department Stephe3pr. Cafnell, D~rector APPROVED BY: _ ' /{Tr"~a~/r 1'~'""' - . Date: Nor/nan Feder, A.C.I.P., Administrator Transportation Services Division .. h AGE~Np~ ITE M._....~ o._ / ~--~ _t MAY 2 7 2003 pg._ '~-- AGENDA ITEM-----, No._ \L'~. ~, MAY 2 7 2003 pg. q N.70'I~'DO'E. 94.D0' CP) "T~c: ~UR~EY tS A 'SPEC]FtC PURPOSE." SU~VC~' B~LINDA~Y' UNE. HA-~ NOT ~EEN I..~..ATE~ UNr~E~ u~ F.L.A. SURVEYS CORP. TAYLOR ROAD. SUITE 1 J REVISIONS NAF~ LF--~. FLORIDA 34-10g J u~ ~ :~~P~ OJECT NO: Pg. ~ PROJECT: 51017 (Palm River Weir Access) PARCEL No: Lot 44 FOLIO No: 65471720006 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ~ day of ., 2003, by and between CHARLES B. SHIELDS, JR., a single man (hereinafter referred to as 'Owner'), whose address is 436 Sharwood Drive, Naples, Florida 34110, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 E. Tamiami Trail, Naples, Florida 34112 (hereinafter referred to as 'Purchaser'); WHEREAS, Purchaser requires a fee estate in that land described as Lot 44, Block A, of PALM RIVER ESTATES, UNIT NO. 7, according to the Plat thereof recorded in Plat Book 12, Pages 28 through 30, Public Records of Collier County, Florida (hereinafter referred to as the 'Property'); and 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 $90,000.00 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 all attorneys' fees, expert witness fees and costs as provided for in 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 provide such instruments, properly executed, to Purchaser on or before the date of Closing. 3. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser, provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, propedy executed, which either remove or release any and ali 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 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. ~ '------ %~.,,..~.1,,,. ~._ __._..~. Purchase Agreement Purchase Agreement Page 2 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 attomey 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. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing 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 assignees, whenever the context so requires or admits, ' 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and. address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida.. HAY 2 t ;.;.3 Pumhase Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have exec~jted this Agreement on · this ~ day of ,2003. ASTO PURCHASER: DATED:. A'I-rEST: DWIGHT E. BROCK, Cle~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk AS TO OWNER: DATED: witness (signature) Name (Print or Type) Witness (Signature) Name (Print or Type) BY: TOM HENNING, Chairmsn CHARLES B. SHIELDS, JR., a single man Approved as to form and legal sufficiency: Assistant County Attorney MAY EXECUTIVE SUMMARY APPROVE THE FEE SIMPLE PURCHASE OF LELY AREA STORMWATER IMPROVEMENT PROJECT (LASlP) PARCELS 1-102 AND 1-104 FOR CONSTRUCTION OF A STORMWATER RETENTION POND. (FISCAL IMPACT $22,450, FUND 325 PROJECT 51101) OBJECTIVE.: Approve the fee simple purchase of Lely Area Stormwater Improvement Project (LASIP) Parcels 1-102 and 1-104 for construction of a stormwater retention pond. (Fiscal Impact $22,450, Fund 325 Project 51101) CONSIDERATION.: The Stormwater Management Section has been actively involved in the design and permitting of LASlP since 1992. When fully implemented, this project will provide reduced flooding potential in portions of East Naples and promote better water quality discharges into the estuaries near Rookery Bay. The conveyance of land in the East Naples area to Collier County will keep LASIP moving forward through the permitting phase and maintains compliance with the Growth Management Plan. In this regard, the Transportation Engineering and Construction Management Department has reached an agreement with the parcel owners, Roy Shettlewood and Lena Ray, to acquire said lands located in Naples Gateway Estates, as shown on the attached descriptions. The purchase price of $21,750 for these two parcels was based upon an appraisal in the same amount prepared by the County's Review Appraiser. Staff is recommending that the requirement for an independent appraisal be waived pursuant to Florida Statute 125.355. The County's Pollution Control Department advises that the property is environmentally suitable for acquisition by the County for water retention purposes. The Purchase Agreements have been reviewed and approved by the County Attorney's Office and the Stormwater Management Department. FISCAL IMPACT: The total costs of acquisition should not exceed $22,450 ($9000 for the purchase of Parcel 1-102, $12,750 for the purchase of Parcel 1-104, and $700.00 for a title commitment, title insurance policy, and cost of recording documents and document courier fees). The funds shall be withdrawn from the 1981 Water Management ClP Fund (325), Lely Canal with Spreader and Structures Project (51101). GROWTH MANAGEMENT IMPACT: The design and construction of stormwater facilities within LASIP (CIE Project #291) are in accordance with the Capital Improvement Element and the Drainage Sub-Element of the Public Facilities Element of the Growth Management Plan. NAY Executive Summary cont. LASIP parcel acquisition RECOMMENDATION: 1. That the Board of County Commissioners: Approve the attached Purchase Agreements and authorize the Chairman to execute same on behalf of the Board. Waive the requirement for a formal, independent appraisal in accordance with the provisions of Chapter 125.355, Florida Statutes. Authorize staff to prepare the related vouchers and warrants for payment in accordance with the Purchase Agreements. Accept the conveyance of Parcels 1-102 and 1-104 and authorize staff to record the deeds and any related instruments in the Public Records of Collier County, Florida. SUBMITTED B~ (~~~, DATE: ~'-- ?~ ~ Sharon Gilbert, Operations Coordinator Engineering and Construction Management Department; Right of Way Ac uisition Section REVIEWED BY' -""[:::;~/~'~ ~'/~_/. ~'~~/'¢'~,~ DATE: --~' / Eng~neer'~ng and Construction Management Department; Right of Way Acquisition Section REVIEWED BY: ~regg Strakaluse, Director Engineering and Construction Management Department REVIEWED BY: ~ich~[E~t&ra-n~ak~, D~ir"e'~ or"0? - ' "-"' - Road Maintenance Department TN ra/~ pO ~¢Tn~r~ F eto rta idoe~ S~'eI ~ iPc'eAs dD im~/in~ iSot rna to r APPROVED BY: DATE: - AGENDA HA'f 2 7 2003 PROJECT: LASIP PARCEL No: 1-104 FOLIO No: 00444040008 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement') is made and entered into this ~ day of .., 2003, by and between ROY SHETTLEWOOD, 458 NW 82nd Terrace, Miami, ?lodda, and LENA RAY, 3254 Omusee Road, Dothan, Alabama, formerly husband and wife (hereinafter collectively referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Flodda, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and 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 via Warranty Deed for the sum of $12,750 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 all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Flodda Statutes. 2. Pdor 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, Flodda. Owner shall provide such instruments, propedy executed, to Purchaser on or before the date of Closing. 3. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser, provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner .shall deliver the Warranty Deed to Purchaser in a form acceptable to Purchaser. Purchase Agreement AGENDA ITE~-,~ No._ MAY 2 7 2003 Purchase Agreement Page 2 10. Conveyance of the Property by Owner is contingent upon 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. Owner is aware and understands that the "offer" to purchase represented by this Agreement is 'subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser;, that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or adsing 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. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Flodda. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with secudng 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. 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 benef'~ of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. Federal Securities Exchange Commission or registered pursi Florida Statutes, whose stock is for sale to the general publk from the provisions of Chapter 286, Florida Statutes.) If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation ~s registered with the ~ant to ~C.!3{~pter.~M it is ,h~.eby*~x~r~p~ (-% "i ,g 2 7 2003 Purchase Agreement Page 3 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHERE°F, the parties hereto have executed this Agreement on this ~ day of ., 20 Property acquisition approved by BCC pursuant to Executive Summary, Agenda Item No.:~ AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: TOM HENNING, Chairman AS TO OWNER: DATED: Witness (Signature) Name (Pdnt or Type) Witness (Signature) Name (Pdnt or Type) ROY SHETTLEWOOD Ho.~ Purchase Agreement Page 4 AS TO OWNER: DATED: Witness (Signature) Name (Print or Type) Witness (Signature) Name (Pdnt or Type) LENA RAY (Formerly Lena Shettlewood) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney AGEND. A ITEM,.',,, r~o._ //~ ~' MAY 2 7 200~, PROJECT NAME: PARCEL NO.: PARENT TRACT FOLIO NO.: LASIP 1-102 00444040008 EXHIBIT "A" Commence at the West sA Comer of Section 32, Township 50 South, Range 26 East, Collier County, Florida; thence mn North 2 degrees 48'30" East along the West line of the Northwest % of said Section 32 for a distance of 150.91 feet to a point; thence mn North 59 degrees 57'30" East for a distance of 98.59 feet to the POINT OF BEGINNING of the parcel of land hereinafter to be described; thence continue North 59 degrees 57'30" East for a distance of 150.00 feet to a point, thence mn S 30 degrees 02'30" East for a distance of 300.00 feet to a point, thence mn S 59 degrees 57'30" West for a distance of 150.00 feet to a point, thence mn N 30 degrees 02'30" West for a distance of 300.00 feet to the POINT OF BEGINNING; subject to the Northerly 30.00 feet and to the Easterly 30.00 feet thereof for road right-of-way purposes; subject to the Southerly 60 feet thereof for drainage and canal purposes. AGE.NpA. ITEI~ No. \~..% o MAY 2 7 2003 Pg. "'1 PROJECT: LASIP PARCEL No: 1-102 FOLIO No: 00442800004 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the 'Agreement") is made and entered into this day of ., 2003, by and between ROY SHETTLEWOOD, 458 NW 82"d Terrace, Miami, Florida, and LENA RAY, 3254 Omusee Road, Dothan, Alabama, formerly husband and wife (hereinafter collectively referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a fee estate in that land described in Exhibit (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to Pumhaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sUfficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: Owner shall convey the Property to Purchaser via Warranty Deed for the sum of $9,000 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 all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Pdor 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, Flodda. Owner shall provide such instruments, propedy executed, to Purchaser on or before the date of Closing. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser, provided, however, that Purchaser shall have the unilateral dght to extend the term of this Agreement pending receipt of such instruments, propedy 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. Warranty Deed to Purchaser in a form acceptable to Purchaser. Purchase Agreement AGENDA ITEN~ MAY 2 7 2003 Pg. _~ Purchase Agreement Page 2 Conveyance of the Property by Owner is contingent upon 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. 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, Flodda. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing from mortgagee(s), and recording in the public records of Collier County, Flodda, 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. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Flodda Statutes, under oath, of the name and address of every person having a beneficial }acity is conveyed to is-regis~tered with the. ~uant te',t~EaP[~r 5'1.7~1 interest in the property before the property held in such ca purchaser, its successors and assigns. (if the corporation Federal Securities Exchange Commission or registered put Flodda Statutes, whose stock is for sale to the general pub] from the provisions of Chapter 286, Florida Statutes.) c, it is',h.e~P_~ MAY 2 7 2003 Purchase Agreement Page 3 11. This Agreement is governed and construed in accordance with the laws of the State of Flodda. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of ,20 Property acquisition approved by BCC pursuant to Executive Summary, Agenda Item No.: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: TOM HENNING, Chairman AS TO OWNER: DATED: Witness (Signature) Name (Print or Type) Witness (Signature) Name (Print or Type) ROY SHETTLEWOOD MAY 7 2003 Purchase Agreement AS TO OWNER: Page 4 DATED:_ Witness [Sigaature) ~lame (Print or Type) Witness (Signature) LENA RAY (Formerly Lena Shettlewood) Name (Print o~ Type) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney AG?iDA PROJECT NAME: PARCEL NO.: PARENT TRACT FOLIO NO.: LASIP 1-102 00442800004 EXHIBIT "A" Commence at the West ¼ Comer of Section 32, Township 50 South, Range 26 East, Collier County, Florida; thence mn North 2 degrees 48'30" East along the West line of the Northwest ¼ of said Section 32 for a distance of 150.91 feet to a point; thence mn North 59 degrees 57'30" East for a distance of 98.59 feet to the POINT OF BEGINNING of the parcel of land hereinafter to be described; thence continue North 59 degrees 57'30" East for a distance of 150.00 feet to a point, thence mn S 30 degrees 02'30" East for a distance of 300.00 feet to a point, thence mn S 59 degrees 57'30" West for a distance of 150.00 feet to a point, thence mn N 30 degrees 02'30" West for a distance of 300.00 feet to the POINT OF BEGINNING; subject to the Northerly 30.00 feet and to the Easterly 30.00 feet thereof for road right-of-way purposes; subject to the Southerly 60 feet thereof for drainage and canal purposes. AGENDA l TEIV(,-~ No. /~'~ ',~ MAY 2 7 2003 Pg--.-_~_,~ EXECUTIVE SUMMARY THORIZATION TO SUBMIT A SERVICE DEVELOPMENT GRANT TO THE COLLIER AREA TRANSIT ROUTE OBJECTIVE: For the Board to authorize submission of an application to the Florida Department of Transportation for Operating Assistance of a Marco Island CAT Route. CONSIDERATION: On September 24, 2002, the Board of County Commissioners ap-proved the Collier Area Transit Transportation Development Plan. This plan included a recommendation to expand the Collier Area Transit service to Marco Island. A circular route on the Island was developed in conjunction with local merchants, City of Marco Island planners and the Marco Island Chamber of Commerce for input on the proposed route. ~ISCAL IMPACT: If awarded, this grant is considered a reimbursement grant ~,!'that the county will bill on a monthly basis as expenses are incurred. It is anticipated that the Marco Route will cost $126,360.00 for the first year of service. The second year is estimated at $132,678.00 and the third year at 139,312.00. The total project cost for three years is estimated at $398,350. The grant request will require a 50% County match, $199,175 that will be budgeted in Fund 313 accordingly. The Service Development Grant is only available for the first three years of the proposed Marco Route. GROWTH MANAGEMENT IMPACT[ Consistent with Object 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Collier County Board of County Commissioners authorize the submission of a Service Development Grant application to the Florida Department of Transportation. //'~<///~/~ "~X~.~...~....._ Date' 5/09/03_ Prepared by: -.~ ~"_~A~/ ~_' .':. ~ .... ' ~~, Public Transpo~afion ~lanner Reviewed by: 1~ Date: 5/09/0~ ~ane ~.~lag~rnative T ranspoAation Modes D,rector A ,rovedby' d~~~ Date: 5,09'03 P ' No~ ~er, TranspoAation Sewices Administ,'ato HAY 2 7 2003 EXECUTIVE SUMMARY A RESOLUTION AUTHORIZING IMPLEMENTATION OF TWENTY MILES PER HOUR (20 MPH) SCHOOL ZONES AS PREVIOUSLY INSTALLED AT TWENTY-NINE (29) EXISTING LOCATIONS THROUGHOUT COLLIER COUNTY AT NO ADDITIONAL COSTS TO THE COUNTY. OBJECTIVE: To gain Board approval of a Resolution for formally implementing twenty miles per hour (20 mph) School Zones at twenty-nine (29) locations within the County wh~:.re they have been previously installed. CONSIDERATIONS: There are currently twenty-nine (29) locations on Collier County roads that have twenty miles-per-hour (20 mph) reduced speed limit School Zones posted. These School Zones, although posted by signing or flashing beacons, have never been formally documented and implemented as speed limit changes are required to be by law. The attached Resolution lists the locations of the existing twenty-nine (29) School Zones and serves to formally document the implementation of the School Zones. All existing School Zones are currently marked by signing, pavement marking, and/or flashing beacons and no additional signs or markings will be required as a result of this Resolution. FISCAL IMPACT: There will be no fiscal impact, as all School Zones are currently marked. GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact. RECOMMENDATION: That the Board approve the Resolution implementing the reduced speed limit within the School Zones, authorize the Chairman to execute the Resolution, and authorize the staff to notify the Sheriff's Office of the formal implementation of the School Zones. PREPARED BY: Robert W_.~Tipton, P.E., Trafffi f Manager REVIEWED B Edward J. Kant, P-~ t~'n~rtation Operations Director APPROVED B Norman E. Fede£, AICP, ~[~portat~on bi~,isi0n-Adn~inis~ator DATE: .,4"..-,2a .- aS DATE: (Z(O3 DATE: AGENDA ITEM No.. 5 :O MAY 2 ? 2003 RESOLUTION NO. 2003- A RESOLUTION AUTHORIZENG LMPLEMENTATION OF SCHOOL ZONE SPEED · LIMIT REDUCTIONS TO 20 MPH DURING SCHOOL ARRIVAL AND DISMISSAL HOURS, AS POSTED ON SITE OR INDICATED BY FLASHING BEACONS, AT TWENTY-N/NE LOCATIONS. WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Commissioners (BCC) t° alter established speed limits on roads under its jurisdiction; and WHEREAS. the twenty-nine locations listed in Attachment "A" fall under the jurisdiction of the BCC and have a normal speed limit in excess of twenty miles per hour (20 mph); and WHERK*S, in accordance with Chapter 316, Florida Statutes, the BCC may alter such existing speed limits as may be appropriate upon the basis of an engineering and traffic investigation; and WHEREAS, in accordance with Chapter 316, Florida Statutes, school zones may be established with a speed limit of no more than twenty rmles per hour (20 mph) in urbanized areas, as defined by Statutes, and "Such speed limit may be in force only during those times thirty (30) minutes before, during, and thirty (30) minutes after the periods of time when pupils are arriving at a regularly scheduled breakfast program or a scheduled school session and leaving a regularly scheduled school session", and WHEREAS. the results of the County's engineering and traffic investigation indicate that a reduction of the normal speed limits to twenty rmles per hour (20 mph) is reasonable and safer under the conditions found to exist during the times that students are traveling to and from the schools served by the subject school zones, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS ~ OF COLLIER COL.~TY. FLORIDA TFL-kT: SECTION I: The BCC does hereby establish a twen:y miles per hour (20 mph) school zone speed limit at the twenty-nine (29) locations listed in Attachment "A" and does hereby direct the Collier County Transportation Operations Department.to maintain appropriate school zone speed limit signs along with either signs giving notice of applicable times or flashing beacons to inform motorists of reduced limits being in effect. SECTION 2: A cop5' of this Resolution shall be forwarded to the Collier County Sheriff's Office for proper enforcement of the established school zone twenty miles per hour (20 mph) speed limits at the twenty-nine (29) locations listed in Attachment "A". SECTION 3: The effective date of the speed limit increase shall be after written notification to the Sheriff's Office and upon posting of appropriate signage. of This Resolution adopted after motion, second, and majority vote favoring same this 2003. day ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Approved as to form and legal sufficiency: Aeidi F. Ashton Assistant Collier County Attorney TOM HENNING, Chairman AGENDA ITEM MAY 2 ? 2003 7 8 9 10 11 12 13 14 17 Attachment "A" to Resolution 2003- COLLIER COUNTY 20 MPH SCHOOL ZONES School Served Avalon Elementary East Naples Middle East Naples Middle Shadowlawn Elementary Golden Gate Elementary Golden Gate Elementa~ Golden Gate Elementar~ Golden Gate Elementary Golden Gate Middle Golden Terrace Elementary Golden Terrace Elementarv Golden Terrace Elementary Golden Terrace Elementary Big Cypress Elementary Corkscrexv Elem/Middle School Zone Location I Th@mason Dr. @ school entrance Estey Ave. in front of school Lakewood Blvd. on side of school i Shadoa'lawn Dr. in front of school ! 20th Place SW in front of school [49th Street SW next to school 49th Terrace SW @ 19th Place SW Sunshine Blvd. @ 20m Place SW Tropicana Bh, d. @ 26m Place SW Golden Gate Pkwy @ 44m St. SW 27u' Court SW next to school i 26~ Place SW next to school ! 44m Terrace SW next to school Golden Gate Blvd. @ school entrance Oil Well Road @ school entrance Normal Speed Limil (mph) ' 30 25 25 25 25 Goodlette Road @ 14m Ave. N Ave. @ school entrance 25 25 25 25 35 25 25 25 45 45 16 Gulf view Middle School i Goodlette-Frank Road @ 5th Avenue North 30 Lake Park Elementary 45 Sea_@ate Drive @ West Blvd. 19 ~20 Naples Park Elementary 21 Sea-°ate Elementarv Pelican Marsh Elementary 35 35 22 Vineyards Elementary I Vineyards Blx, d. @ school entrance '~ 35 23 Lake Trafford Elementary Lake Trafford Road @ N. 19m Street 30 24 25 26 27 ,28 129 ,Airport Road @ school entrance I 45 Poinciana Elementary Southbound Airport Road from Poincianna t 45 Dr/ye to School Entrance Drive Lake Trafford Elementary Lake Traffcrd Road @ school entrance 45 Highlands Elementary Pinecrest Elementary Bethune Elementary I Lake Trafford Road in front of schooi ] 25 S. 9m St. @ school entrance 30 S. 5'h Street in front of school I 30 Escambia Street @ [mmokalee Drive 30 30 Immokalee Middle School Lmmokalee Middle School I N. 9m Stree: @ school entrance N Ag,IEN~A o.~ ~AY 2 7 2003 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO CREATE A NEW PUBLIC UTILITIES PROJECT TO PREPARE A 10-YEAR WATER SUPPLY FACILITIES WORK PLAN IN THE AMOUNT OF $54,652.60 OBJECTIVE: To obtain approval of a budget amendment to create a new project to prepare a 1 O-Year Water Supply Facilities Work Plan and the amendments to the Growth Management Plan (GMP), a recent requirement of the state Department of Community Affairs (DCA). Public Utilities Engineering anticipates awarding the work under Contract//00-3119. CONSIDERATIONS: The 2002 state legislature expanded the comprehensive plan requirements, enacting a requirement for local governments to prepare a 10-Year Water Supply Facilities Work Plan (Plan). The goal of the state DCA is to link water supply planning and local land use planning. The Plan will include the existing water supply facilities and future capital improvements identified in the Water Supply Master Plan Update on 2002 and approved by the Board of County Commissioners as Agenda Items 10 A and B of their February 25, 2003 meeting. These projects are required to meet the future water supply needs. The Plan also needs to be consistent with the water supply alternatives stated in the South Florida Water Management District's Lower West Coast Water Supply Plan (April 2000), The anticipated scope of services shall include but not be limited to: a) Develop and update water supply planning data for the County Water-Sewer District and for the unincorporated water supply-providing entities within the County, including Golden Gate City, Orangetree and the Immokalee Water-Sewer District. Such data includes population and demand projections, well permit data, and maps of water supply facilities. The Potable Water and Sanitary Sewer Subelements of the GMP were approved by the Board of County Commissioners as Agenda Items 8 D of their October 22, 2002 meeting. b) Prepare the 5-year capital improvement project information. Identify the sources of water, alternatives for future water supply, capacity, demand, surpluses and deficiencies, and required facilities for providing adequate water supply to meet demands through the 10- year horizon. This information will be in the data appendices of the report. c) Prepare the Water Supply Facilities Work Plan d) Prepare amendments to GMP Elements, including the coordination with the various County departments that author these Elements e) Additional services allowance on a time and materials basis f) This project must proceed at this time because it is a new state legislative requirement of the 2002 Session for which we obtained notice from the state DCA on April 15, 2003. Therefore, this project is not a part of the Public Utilities Department's FY 2003 Capital Budget and the requested budget amendment is needed. The regulations require that the information in this report be reflected in several Elements of the Growth Management Plan as amendments. One requirement is that the amendments affected by A~I~ #C)A IT£1q PlAY 2 7 2003 Executive Summary Approve Work Order Page 2 the plan shall be adopted prior to the transmittal of the County's Evaluation and Appraisal Report (EAR), which has the due date of January 1, 2004. The public will be able to comment on the amendments to the Elements during the public participation process of the EAR, which is anticipated to be in early 2004. FISCAL IMPA..CT..~.' Funds in the amount of $54,652.60 will be obtained for this budget amendment from the Public Utilities project, Immokalee Road East 36" Water Main, project number 70093, which has a surplus. Initially, the project will be funded by Water Impact fees. Currently, there are ongoing communications between Public Utilities and the Community Development and Environmental Services (CDES) staff as to the appropriate funding sources for this project. Approximately 35 percent of the effort is for work outside of the Water-Sewer District. Public Utilities expects that the work outside the Water-Sewer District will be covered by other funding sources through a future interagency agreement with CDES, to be negotiated in the next 30 days. Public Utilities and CDES believe that in order to move the project forward at this time as required by State of Florida DCA scheduling requirements, funding from the Water Impact fees will be applied to the project, pending the interagency agreement. GROWTH MANAGEMENT IMPACT: The results of this plan will be used to amend the following four Growth Management Plan Elements: the Intergovernmental Coordination Element, the Potable Water Sub-element, the Conservation and Coastal Management Element, and the Capital Improvement Element. These elements are now required to indicate the measures by which the water supply planning to serve existing and new development over a 10- year planning period will be implemented. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, approve the budget amendment to create the new project, 10-Year Water Supply Facilities Work Plan. Under staff authorization, Public Utilities will issue a Work Order that the Public Utilities Administrator will execute. .0.,, ?r F2.' I MAY 2 7 2003 pr.. Executive Summary Approve Work Order Page 3 SUBMITTED BY: Ivy Wylie, P.E. Planning Engineer Public Utilities Engineering Department DATE: RE~'ZlEWED BY: REVIEWED BY: ~' -- DATE: Roy B~. Anderson, P.E., Director Public Utilities Engineering Department Paul Mattausch, Director Public Utilities Water Department REVIEWED BY: s~;~ K Sc~mi~., CDES Administrator 1 - - unity Development and Environmenta Services Department APPROVED Jam ~' W. D~'Lo~y_, p~E~/~(3ministrator  c Utilities Divisio EXHIBIT A COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERING DEPARTMENT Work Order #GH-FT-03-__ Water Supply Facilities Work Plan Scope of Services Greeley and Hansen LLC May 14, 2003 Greeley and Hansen LLC, herein referred to as ENGINEER, shall perform engineering services for Collier County, herein referred to as COUNTY, associated with the development and preparation of the Water Supply Facilities Work Plan, herein referred to as the PROJECT, for COUNTY. This work order shall be completed in accordance with the terms of Contract 00-3119, herein referred to as CONTRACT. The PROJECT area shall include the COUNTY Water-Sewer District (District) and the following other water systems outside the District: · Golden Gate City · Immokalee Water-Sewer District · Orangetree The deliverables for the PROJECT shall be a report that includes the following: · Identification of water supply needs for at least the next ten years · Identification and pfiofitization of water supply facilities and projects to meet needs · The capital improvements required for the next five years to meet needs · Identification of revenue sources The PROJECT also includes coordination of the following Growth Management Plan (GMP) element amendments to be prepared by the COUNTY: · Intergovernmental Coordination Element · Potable Water Sub-Element · Conservation and Coastal Management Element · Capital Improvement Element The PROJECT is being completed to comply new with State requirements for inclusion of water supply planning with the COUNTY'S comprehensive plan. The development of the Water Supply Facilities Work Plan shall be consistent with recommendations of the South Florida Water Management District's Lower West Coast Water Supply Plan. It is anticipated that most of the data for the PROJECT within the District will be based on the Page 1 of 4 NAY 2 7 2003 2002 Water Master Plan Update, which was adopted by the Board of County Commissioners on February 25, 2003. Monthly partial payments for the lump sum services for Tasks 1, 2 and 3 will be invoiced based on percentage complete. Payment for Task 4 services will be invoiced based on time and materials in accordance with CONTRACT hourly rates and invoices received from subconsultants. The schedule for completion of each task is shown at the end of the task description. TASK 1 - INITIAL PLANNING SERVICES TASK 1.1 - COLLECT AND REVIEW EXISTING DATA Identify the existing water supply facilities for which the COUNTY is responsible, including the location of wells (or intake point from a surface water source), facilities used to withdraw water from its source, transmission facilities, treatment facilities, storage facilities, and the major distribution mains. For Collier County's facilities, the majority of the reviewed data can be obtained from the 2002 Master Plan Update, supplemented by the COUNTY'S well permit data. To the extent that this data is available for other water systems outside the District, this data will be collected and reviewed. TASK 1.2 - PREPARE POPULATION AND WATER DEMAND FORECAST£ Use data developed in the 2002 Water Master Plan Update for the District. To the extent that this data is available for the other water systems outside the District, it will be incorporated in the PROJECT. TASK 1.3 - PREPARE BASE MAPS FOR PLANNING Base maps prepared for the 2002 Water Master Plan Update will be utilized. New maps will be prepared to show the existing well locations and approximate locations for future wells. To the extent that data is available for the other water systems outside the District, system mapping for these systems will be incorporated in the PROJECT. TARGET COMPLETION DATE FOR TASK 1: June 30, 2003 TASK 2 - PREPARE WATER SUPPLY FACILITIES WORK PLAN TASK 2.1 - PREPARE WATER SUPPLY AND DEMAND ANALYSIS Use water supply and demand forecasts for the District developed in the 2002 Water Master Plan Update. To the extent that this data is available for the other water systems outside the District, it will be incorporated in the PROJECT. Page 2 of 4 AG~,J~A ltl8. MAY 2 7 2003 PG,,_ ~ TASK 2.2 - COORDINATION WITH SFWMD Meet with SFWMD to identify special concems, water supply plan amendments and updates. Submit a draft copy the Water Supply Facilities Work Plan to SFWMD for review comments. Incorporate SFWMD review comments in the final document. TASK 2.3 - DEVELOP CAPITAL IMPROVEME~ PROJECTS (CIP) The 5-year C2 schedule prepared for the 2002 Water Master Plan Update shall be used for the PROJECT. Prepare a prioritization of the CIP elements for review by the COUNTY. To the extent that this data is available for the other water systems outside the District, it will be incorporated in the PROJECT. TASK 2.4 - PREPARE WATER SUPPLY FACILITIES WORK PLAN For the District, prepare a facility capacity analysis and compute capacity surpluses and deficiencies for: (a) Existing conditions based on existing demand, including identification of currently utilized water source(s). (b) Conditions five years in the future based on projected demand, computing capacity surpluses and deficiencies, including identification of water source(s) that will be used to satisfy the projected demand (specifically for Five-Year CIP development). (c) Conditions ten years in the future based on projected demand, computing capacity surpluses and deficiencies, including identification of water source(s) that will be used to satisfy the projected demand. To the extent that this data is available for the other water systems outside the District, it will be incorporated in the PROJECT. The Water Supply Facilities Work Plan shall consist of the following sections: 1. Executive Summary 2. Introduction 3. Water Service Areas 4. Existing Water Supply Facilities 5. Population and Demand Projections 6. Alternative Water Supply Plans 7. Five-Year Capital Improvements for Water Supply 8. Summary and Recommendations Submit 10 draft printed copies each of the Water Supply Facilities Plan at the 60 percent complete stage and submit 25 copies each of the final Water Supply Facilities Work Plan in hard copy format and in pdf format on CD to the COUNTY. Review comments fi.om 60 percent submittal will be incorporated in the final document. Page 3 of 4 MAY 2 7 2003 TASK 2.5 - MEETINGS Services shall include up to four PROJECT meetings to review the documents with the Public Utilities Engineering Department, coordinate with COUNTY Planning Services and present preliminary outputs. This scope does not include meetings for adoption and approval of the Water Supply Facilities Work Plan. TARGET COMPLETION DATE FOR TASK 2: July 29, 2003 TASK 3 - COORDINATE AMENDMENTS TO GMP ELEMENTS Services under this task include up to 16 hours of consultation and review time for the following Growth Management Plan (GMP) element amendments to be prepared by the COUNTY: · Intergovernmental Coordination Element · Potable Water Sub-Element · Conservation and Coastal Management Element · Capital Improvement Element TARGET COMPLETION DATE FOR TASK 3' November 1, 2003 TASK 4 - ADDITIONAL SERVICES ALLOWANCE Provide additional services for development of the Water Supply Facilities Plan. The additional services allowance of up to $7,564 is for additional services requests that are not included in the scope of services described above. Additional services under this work order will be provided up to the limits shown below. Additional work orders will be required to perform services beyond the limits shown below. SUMMARY TASK NO. DESCRIPTION COMPLETION COST TIME Initial Planning Services 4 Weeks $ 6,836 LS 2 Prepare Water Supply Facilities Plan 8 Weeks $30,968 LS Coordinate GMP Amendments 20Weeks $ 2,156 LS Additional Services Allowance 20 Weeks $ 7,564 T&M TOTALS $47,524 Page 4 of 4 HAY 2. 7 2003 EXECUTIVE SUMMARY. APPROVAL OF LETTER OF INTENT ADDRESSED TO THE U.S. ARMY CORPS OF ENGINEERS IN AN EFFORT TO PARTICIPATE IN AN ECOSYSTEM RESTORATION PROJECT AT VAN DERBILT LAGOON, NAPLES. OBJECTIVE: To have the Board of County Commissioners approve a "Letter of Intent" addressed to the U.S. Army Corps of Engineers. This letter notifies the U.S. Army Corps of Engineers that Collier County has an interest in working with them to develop and implement an ecosystem restoration project at Vanderbilt Lagoon, Naples. CONSIDERATIONS: Vanderbilt Lagoon is an excavated water body north of Vanderbilt Beach Road, east of Gulf Shore Drive, south of Bluebill Avenue, and west of Vanderbilt Drive. It was constructed many years ago in a relatively narrow, winding configuration with many dead-end finger canals along its sea-walled perimeter. Various intensity levels of residential and commercial development have been constructed on the sea-walled properties. The residential Naples Park and Beachwalk communities and the commercial Pavilion development are located to the east of Vanderbilt Drive. Interest groups have attributed the poor water quality within the lagoon to the storm water runoff and the lack of natural tidal flushing action within the lagoon. Several years ago stormwater improvements were made within the Naples Park residential community to reduce flooding. These improvements also utilized grassed swales for water quality improvement and reduced erosion. The majority of Naples Park and most of the sea- walled perimeter properties were developed without current stormwater quality treatment systems. Tidal flushing action is Severely restricted by the shallow and narrow configurations of Wiggins Pass and Water Turkey Bay, which lie north of Bluebill Avenue. Under Section 206 of the Water Resource Act of 1996 there exists a process whereby a local government (Collier County) can establish a group cost share ecosystem restoration project with the U.S. Army Corps of Engineers (Corps). The potential participation of the Corps may provide up to $5.0 million; however availability of federal funds is currently unknown. Under Section 206 the Corps would perform a Reconnaissance and Feasibility Study. This study would identify the problem, propose solutions, and estimate the cost for a project to address ecosystem restoration of the Vanderbilt Lagoon. If the County elects to not proceed after the Reconnaissance and Feasibility Study, the Corps will pay all associated costs. If the County elects to continue to participate as indicated by signing a "Project Cooperation Agreement" with the Corps, there will be a 35% (County) / 65% (Corps) cost share with the Corps share not to exceed $5.0 million, for all associated costs, to include costs of the previous Corps Study(s). HAY 2 7 ZOO3 Executive Summary Vanderbilt Lagoon U.S. Army Corps of Engineers Reconnaissance Study Request Page 2 of 3 For example, if the project cost is $12.0 million, the Corps will incur no more than $5.0 million with the County liable for $7.0 million. Alternatively, if the project cost is $3.0 million the Corps will pay 65% of the $3.0 million and the County will be accountable for the balance. Consistent with Section 206 of the Water Resource Act, a "Letter of Intent" needs to be submitted to the Corps by the Collier County's Board of County Commissioners to begin the process. The following letters supporting this effort are attached. · Former Commissioner James D. Carter, Ph.D., Dated October 28, 2002. Lou Vlasho, Pelican Bay Services Division Board, Dated December 11, 2002: · B.J. Savard-Boyer, Vanderbilt Beach Property Owners Association, Dated April 15, 2003. Carol Wright, Vanderbilt Beach and Bay Association, Dated April 26, 2003. FISCAL IMPACT: Approval of this Executive Summary will not result in Fiscal Impact to the County other than the indirect costs of County's staff participation with the Corps in the preliminary investigation into the Reconnaissance and Feasibility Study of the contemplated project. As specified in the Letter of Intent, any financial commitment of the County is dependent on the Board of County Commissioners specifically determining, following the submission of Reconnaissance Study, that entering into a proposed project is feasible and advisable. The potential project participation with the Corps may provide up to $5.0 million; however, availability of federal funds is currently unknown. Under Section 206 the Corps would perform a Reconnaissance Study. This study would identify the problem, propose solutions, and estimate the cost for a project to address ecosystem restoration of the Vanderbilt Lagoon. If the County elects not to proceed after the Reconnaissance Study, the Corps will pay all associated costs. If the County elects to continue by signing a "Project Cooperation Agreement" with the Corps, there will be a 35% (County)/65% (Corps) cost share with the Corps share not to exceed $5.0 million, for all associated costs, to include costs of the previous Corps Study(s). GROWTH MANAGEMENT IMPACT: Approval of this letter will contribute to the implementation of Goal 2.0, of the Conservation and Coastal Management Element of the Growth Management Plan. That states, "THE COUNTY SHALL PROTECT ITS SURFACE AND ESTUARINE WATER RESOURCES." RECOMMENDATION;. That the Board of County Commissioners: (1) Approve the attached "Letter of Intent" addressed to the U.S. Army Corps of Engineers in an effort to participate in an Ecosystem Restoration Project at Vanderbilt Lagoon, Naples, FL.; and (2) Authorize the Chairman to sign the attached "Letter of Intent" addressed to Colonel James G. May, District Engineer, U.S. Army Corps of Engineers, Jacksonville District. PIAY,: 2003 laG. Executive summary Vanderbilt Lagoon U.S. Army Corps of Engineers Reconnaissance Study Reques~ page3of3 ~a~mond E. Sm~tix, Director REVIEWED BY: Date: Pollution Control & Prevention Departmem ~homas G. Wides, Director Public Utilities Operation Depar,ment Robert C. Wiley~.E., Principal Project Manager Stormw~er M,~na~ement Section/Road Maimenance Department -Nor~an Feder, AICP, Ad~mstrator ~ra~spo~a~ao~ ~Sy~~°~ ~o~~: .-'~~~<<~v ~ .~... ~a~: <3~' ~ /~me~ W..DeLony, P.E.[ Admimstrato Utilities Division HAY 2 7 2003 COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES DIVISION May 9_7, 2003 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (941) 732-2526 Colonel James O. May District Engineer, J~_¢i~nviil~ District U.S. Army Corps of Engineers P.O. Box 4970 Jacksonville, Florida 32232-0019 Dear Colonel May, The County of Collier, Florida, a political subdivis/on of the stat~ of Florida (~l'be local Sponsor"), is in~ in ~~ with thc U.S. Army Corps of Engineers to develop and implement an ecosystem restoration project at thc Vanderbilt Lagoon pursuant to authority provided by Section 206 of thc Water Resources Development Act of 1996, as amended. The intent ofthia project is to det~mine methodologies and implement solutions to improve the quality of water for ecosystem restoration in Vanderbitt Lagoon and the resulting impacts on surrounding estuafine ecosystems. Under Section 206 the Corps would perform an investigation, which would be conducted in two phases. The first phase is the Reconnaissance Study, to be funded by the Corps. This study would identify the problems and opportunities, and estimate the costs for a Feasibility Study. The second phase would be the Feasibility Study, which would develop possible solutions for Vanderbitt Lagoon, and estimat~ the cost for implementation. ff it is found to be mtW_,ally feasible and advisable by The Corps and the County to implement an ecosystem restoration project, Collier County can provide thirty-five percent (35%) of the pwject's total costs, and provide all County owned lands, easements, rights-of-way, relocations and suitable dredged or excavated material disposal areas needed for the project. Also, Collier County will w~3intain and operate the pwject after completion, at no cost to the Government. Sincerely, Tom H~,ing, Chairman (Authorized Representative) Commissioner District 3 Collier County Board of County Commission ce: Jim Duck, Chief, Planning Division, Jacksonville District, U.S. Army Corps of Engineers. Approved as to form and legal ~ffleieney Thomas pa_liner, Assistant County Attorney 2003 DCTd~O' 2E)02 15:13 FFa3N:CD. PtqHRGE~'SOFFICE 19417744010 T0:23'9 T'~ ~5-T4 P.2~3 DATE: TO: FROM _MEMORANDU . oftot~ 2~, 2oo:, ..... °L~. Ray Smith, Dire~or Pollution Control & Prevention Deparlment /ames D. Carter, Ph.D. Cur ~.a~ssioner, Di,,~rict 2 8UB. IECT: Vnnderbitt I..a~oon l~ject have worked with representatives ofthe comm~ and county staff~ investigate the potentia~ benefit ofggs project Attach~ is a letler of ml:~port from the Vanderbilt Beach Propcrt~ Owners Association and I hereby share my wholehearted support this projcct, not onii as County Commissioner but also as a resident of District 2. ~;~7~~~ Om' developmemts and ariy help that I can provide on tliis .)DCAIm HAY ._~..7 2003 PG. Vanderbilt Beach Property Owners Association P.O. Box 771330 phone: 230-5~4-2177 Naples, FL 34107-1330 April 15, 20~3 Mr. Ray Smith, Director Pollution Control & Prevention Department 3301 East Tamiami Trail Naples, FL 34112 Re: Vanderbllt Lagoon Dear Mr. Smith: As President of Vanderbilt Beach Property Owners Association I am sending another letter from our organization at the request of Bruce Gray, Director of VBPOA. You have in your possession a letter sent by our former VBPOA President Frank Halas and also Dick Lydon, Chairman of the MSTU. We are all in agreement for the US Army Corps of Engineers to:conduct a study of the waters in our area. We are not seeing the fish jump like they used to, nor have we seen the Manatees this year. Something is very wrong with the water. I have enclosed pictures of dead fish in the canal behind our home. This bas happen more than once in the past few years. Please consider submitting the "Letter of Intent" to the Corps, so we can begin the process of cleaning-up Our water. Thank you for your support in this matter. If you have any questions you can reach me at the above number. Sincerely, B. J. Savard-Boyer, President Vanderbilt Beach Property Ownem Association Cc: Collier County Commi~ioners: Halas, Fiala, Coyle, Colletm, Henning James V. Mudd, P.E. County Mamger James W. DeLony, P.E. Admlni.qtrator Public Utalities Division HAY 2 7 2003 COLLIER COUNTY GOVERNMENT Pelican Bay Services Division 801 Laurel Oak Drive · Suite 605 * Naples, Florida 34108 · (239) 597-1749 · Fax (239) 597-4502 April 3, 2003 Mr. Ray Smith, Director Pollution Control & Prevention Department 3301 East Tamiami Trail Naples, Flodda 34112 RE: Vanderbilt Lagoon Project Dear Mr. Smith: Pursuant to your letter of March 31, 2003 to Mr. David Roellig of the Pelican Bay Services Division Advisory Board, please find attached a copy of a letter that was sent to the Board of County Commissioners in December addressing the issue of a Vanderbilt Lagoon Project. I trust this letter will satisfy your request and if you have any further questions, please contact my office. Yours sincerely, j~J~mes P. Wa Division Ad ministrator A C_:,[7~ IT£I4 NO. ~ ~ HAY 2 7 2003 COLLAR COUNTY GOVERNMENT Pelican Bay Se~ces Division 801 Laurd OakDrive · Suite 605 ° Naples, Florida 34108 ° (239) 597-1749 · lax (239) 5974502 December 11, 2002 The Honorable James Coletta, Chairman Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Chairman Coletta: This letter is in response to the concerns expressed by the residents of the Vanderbilt Lagoon area concerning perceived water quality problems in the Lagoon. These concerns were discussed at an October 7, 2002 meeting called by Commissioner Carter. The Pelican Bay Services Division Board concurs with the request of our Vanderbilt neighbors for the Collier County Board of County Commissioners to act as the non-Federal sponsor for a proposed Vanderbilt Lagoon ecosystem restoration project by the U.S. Army Corps of Engineers under the authority of Section 206 of theWater Resources Act of 1996. Yours sincere, Pelican Bay Services Division Board CC: James Mudd, Collier County Manager James DeLony, P.E. Administrator Public Utilities Division Ray Smith, Director Collier County Pollution Control & Prevention James P. Ward, Division Administrator Pelican Bay Services Division HAY 2 7 2003 ' ~"; ,, · ~ ...... , ,. PG. VANDERB1LT BF_.ACH A.ND BAY ASSOCIATION P.O. BOX 770823 NAPLES, FL. 3410'/ RL:. C :?.iVED 03 i' A¥ -6 P 't 2:59 April 26, 2003 BOLL. COt,F[ & Fr,. V. DEPT. Re: Vnnderbil~ Lagoon Dear Couu~iissioners: As you know, since the 1990's local residents have raised concerns related to flae poor water quality within Vanderbilt L~goom located west of Naples Park. It is our understanding that under Section 206 oftbe Water Resource Act of 1996 Collier County cnn efftef into a group cost share project ~ the Army Corps of Engineers. The potential participation of the Army Corp of Engineers may provide up to $$,000,000, however, availability of federal funds is currently unlo~m'n. Under Section 206 a 1~ Slmly would be performed by the Corps, which will identh~ the probtem, proposed solutions and an estimated cost. If the County etc,'ts not to proceed ~ the Study, the Corps will pay all associnmd costs. If the County elects to continue by signing a Project Cooperation Agreement with the Corp, a 35% (County)/65% (Corps) cost share split of up to $5,000,000, including all work conducted to date will occur. Any additional cost above the $5,000,000 that the Corps pays will be the responzibitity of Collier County. It would be our suggestion that at this point the County would ask local associations for their input whether to continue or discontinue the project and how to fund the project/f it is continued. It is our understanding that the Board of County Commissioners must submit a "Letter of Intent" indicatir~ an interest to act as the non-federal sponsor for a proposed ecosystem restoration project to the Army Corps of Engineers for their ~zview. If approved, the Corps will conduct a Reconnni~nnce Study that will result in ~he preparation of a Pretiminnot Restoration Plan that identified the problem, proposed solutions and an We strongly r~luest that you consider submitting the "Letter of Intent" to the Corp~, so we can begin ~ process of reestablishing the water quality of Vanderbilt Lagoon. Your support and atl~nfion to this matter is grestly appreciated. I had written a letter similar to this back in ~he Fall of 2002 but it apparently never reached anyone so I apologize for the delay for this request. If you need to contact me I can be reached nt 597-9503. Sincerely, Carol Wright, Director Vanderbilt Beach and Bay Association (VBBA) c: James Mudd, County Mannger James Delony, Adminigrator Publi~ Utilities Division Ray Smitl% Dir~'tor Pollution Control Dcpt. file: Vanderbtlt Lagoon HAY 2 7.2003 PG. , /0 EXECUTIVE SUMMARY, APPROVAL OF A CONTRACT AMENDMENT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO CONTINUE PARTICIPATING IN SURFACE WATER QUALITY MONITORING OF BIG CYPRESS BASIN IN THE AMOUNT OF ' $100,000 OBJECTIVE: To have the Board of County Commissioners approve the attached contract with the South Florida Water Management District (Contract No. C-12250-A01). CONSIDERATION: The scope of the contract complies with and is consistent with the Pollution Control & Prevention Department's efforts relative to surface water quality monitoring and contributes to the implementation of objectives and policies of the Growth Management Plan. With this agreement, Pollution Control & Prevention and South Florida Water Management District (SFWMD) agree to continue cooperating in the surface water quality monitoring network and sharing of water quality monitoring data as a part of the Integrated Water Quality Monitoring Consortium. Contract requirements are located in the attached Contract C-12250-A01. County staff shall provide quarterly reports and a comprehensive data summary at the completion of the said project. With the additional revenue the purchase of other machinery and equipment will be as follows: · Extra-capacity hotplate used to digest surface water and ground water samples for total phosphorous analysis. $1,200 · Refrigerated laboratory incubator for sample storage. $3,500 · Wireless thermocouple based temperature transmitters used to automatically monitor and record the temperature in 9 incubators and refrigerators. Monitoring and recording of temperature is a National Environmental Laboratory Accreditation Conference (NELAC) requirement. $4,500 · Replacement probes of Yellow Springs Industries (YSI) Meter. $2,700 · Van Dom sampling device is used to obtain surface water samples as part of the SFWMD contract. $2,500 · Electric pump is used to pump ground water up from monitoring wells in order to obtain a sample. $1,000 · Radio equipment for fieldwork. $5,000 Operational expenditures are: Repair of laboratory and field equipment. $6,000 · Laboratory analysis that cannot be performed in-house. $8,000 Minor operating supplies. $5,600 HAY Z 7 2003 Executive Summary C-12250-A01 Page 2 FISCAL IMPACT_: SFWMD will fund the County up to $100,000 annually for one year for the services conducted effective October 1, 2002. $60,000 in revenue was budgeted in FY 03, however additional revenue of $40,000 will be recognized through a budget amendment in Water Pollution Control Fund 114. GROWTH MANAGEMENT IMPACT:. The approval contribute to the implementation of many of the goals Management Element of the Growth Management Plan. of this contract will significantly of the Conservation and Coastal RECOMMENDATION: That the Board of County Commissioners: (1) Approve the attached Contract C-12250-A01 with the South Florida Water Management District (SFWMD), which will provide the County with funds; not to exceed $100,000 per year, for one year, and authorize the Chairman to execute the contract effective October 1, 2002. (2) Authorize staff to process the necessary budget amendment. PREPARED BY: REVIEWED BY: ".1 g,.o--n.,=- . Date: Jim Felix, Principal Environmental Specialist Pollution Control & Prevention Department kay~Smi{h, oi~ector Pollu~9~n Cont_rol ~: P,x~ion Department BY: ~/(,~~ Date: APPROVED /,~ame~ W...D.eL0ny, p:E.,/Adminis~rator Utilities Division~ Mar~ Cor~elisse, Operations Supervisor Pollution *Control & Prevention Department l .o._ //. ,'5 MAY 2 7 2003 ORIGINAL O SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT C-12250-A1 AMENDMENT NO. 1 TO AGREEMENT NO. C-12250 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT COLLIER COUNTY, FLORIDA This AMENDMENT NO. 1, entered into on , to that AGREEMENT dated December 14, 2000, between "the Parties," the South Florida Water Management District (DISTRICT), and Collier County, Florida (COUNTY). WITNESSETH THAT: WI-IEREAS, the AGREEMENT may be amended with the prior written approval of the parties; and WHEREAS, the parties wish to amend the AGREEMENT in order to increase funding of the AGREEMENT and amend the Statement of Work; NOW THERF~FOKE, the DISTRICT and the COUNTY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: 1. The monetary consideration for the AGREEMENT is hereby increased by an amount not-to-exceed Forty Thousand Dollars and No Cents ($40,000.00), for a total revised AGREEMENT amount not-to-exceed Two Hundred Twenty Thousand Dollars and No Cents ($220,000.00). 2. Article 2.2 of the AGREEMENT is hereby revised to read as follows: "The amount expended under this AGREEMENT for the DISTRICT'S Fiscal Year ending September 30, 2003 shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00). Am~dm~ot No. ! to Agfa'remit No. C- 12250 - Pag~ 1 of 2 MAY 2 7 2003 PG. ,~ O SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT The Statement of Work, attached as Exhibit "C" to the AGREEMENT is hereby revised as set forth in Exhibit "el", attached hereto and made a part of this AMENDMENT NO. 1. The Payment and Deliverable Schedule is also hereby revised in accordance with Exhibit "DI", attached hereto and made a part of this AMENDMENT NO. 1. All other terms and conditions of the AGREEMENT, as amended, remain unchanged. IN WITN-ESS WHEREOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO. 1 on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: Frank Hayden, Procurement Director COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman TifleChairman of the Board of County Commissioners Ameadmm~No. I toAgreen~nt No. C- 12250- Page2of2 Approved as to fo~l~, & J~egal sufficiency Assis~afft County Attorney n0.. //.d_ .-% _ MAY 2 7' 2003 EXHIBIT "CI" STATEMENT OF WORK COLLECTION AND ANALYSES OF SURFACE WATER QUALITY SAMPLES IN COLLIER COUNTY 1.0 INTRODUCTION_ The purpose of ~fis Amendment between the South Florida Water Management District (District) and Collier County Pollution Control (County) is to update the station and parameter lists for this monitoring pa)gram, to eliminate discrepancies between the County's and the District's quality assurance and quality control requirements, to establish annual reporting requirements and to provide additional funds to the County that will allow the total funds allotted to more accurately reflect a true cost share agreement. This Amendment details the collection and analysis of an. additional ten (10) monitoring locations, bringing the total number of program sites to fifty three (53). The monitoring program detailed in this Amendment provides data used in the development of water management strategies for the Big Cypress Basin watershed and adjacent coastal waters of Collier County, and is also being used to investigate effects of stormwater runoff from the city of Immokalee on the Lake Trafford Environmental Restoration project. 2.0 OBJECTIVES The primary objectives of this Agreement are to 1) continue to obtain data of acceptable.quality to evaluate the water resources within the Big Cypress Basin and the coastal waters of Collier County; 2) parmer with a local government to execute a routine regional monitoring effort; 3) reduce District monitoring and laboratory work loads; and 4) allow for the redirection of staff to additional legislatively mandated projects. : 3.0 SCOPE OF WORK The County will continue to collect and analyze surface water samples from forty-three (43) stations within the Big Cypress Basin's inland and estuarine systems on a monthly basis. Additionally, five (5) sites within the Fakahatchee Strand and the Corkscrew Swamp area will be sampled four times per year. These 48 sites are part of the Collier County Water Quality Project (CCWQ). The County will also perform monthly sampling of five (5) newly registered sites at designated stormwater ouffalls within the City of lmmokalee. These five sites will provide data to support the development of a watershed management plan to protect Lake Trafford and will also provide a baseline for the quantification of specific parameters identified in the Immokalee Stormwater Master Plan. The five Irnrnokalee stations are registered under project IMKS. The location descriptions, GPS coordinates and sampling frequencies for all sites are given in Table I. Sampling requirements for this agreement are project specific and have been revised to reflect the most current needs of these two programs. The required laboratory parameters are Listed in Table IL Page 1 of 12, Agreement No. C-12250-A01 AG£NDA IT£N ~ HAY 2 7 2003 - 4.0 ' WORK BREAKDOWN STRUCTURE Task 1. Surface Water Quality Field Measurements Surface and bottom measurements of pH, dissolved oxygen, salinity, specific conductance, and temperature will be measured at all CCWQ sites. Surface and bottom measurements are taken only if the water depth exceeds 1.5 meters. At sites with water depths less than 1.5 meters, only the surface readings for pi-t, diasolved oxygeat, salinity, specific conductance and tempemazm are to be collected. Surface measurements for pH, dissolved oxygen, specific conductance, and temperature will be measured monthly at the five IMKS sites. Secchi depth, sample depth and total depth will also be recorded for all sites (projects CCWQ and IMKS). Stage recordings (staff gage readings) will be noted for sites where this instrumentation is available. Task 2. Surface Water Sample Collection and Analyses The County will collect surface samples from the 53 sites at the sampling frequencies listed in Table I. Project specific requirements for surface water sample collections of physical variables, nutrients, major ions, trace metals, and biological parameters, as well as, the methods and minimum detection limits for all laboratory parameters are given in Table 1I. Sampling and analysis will be performed as described in the County's ComQAP (or Quality Manual). Task 3. Documentation All documentation must be neat, complete and organized so as to allow reconstruction of both the sampling and analysis event. Documentation must be maintained according to FAC 62-160. Copies of the following documents must be supplied to the:District with each quarterly report: · Header Sheets (Chain of Custody Sheets) · Field Log Book Notes · Laboratory Calibration Data · QAJQC Report - includes results for precision and accuracy method blanks, matrix spikes, and continuing calibration verification samples. Task 4. General Quality Control/Quality Assurance (QA/QC) Requirements The County will ensure that all laboratories performing analyses for this Agreement are accredited through the National Environmental Laboratory Accreditation Program (NELAP) or certified by the Florida Department of Health (FDOH). The laboratories must have a current quality manual that follows the National Environmental Laboratory Accreditation Conference (NEI-AC) guidelines or a current Comprehensive Quality Assurance Plan (COMQAP). The County must notify the District Project Manager immediately if a laboratory used for this Agreement loses certification for any parameter(s) analyzed for the District. The District may audit analytical methods, field sampling protocols and quality assurance/quality control procedures. The County laboratory will participate in round robin and certification laboratory exercises at the District's request. The County must provide the District with results Page 2 of 12, Agreement No. C-12250-A01 AG~/~DA IT£14 ~ PlAY 2 7 2003 of all performance evaluation and round robin studies in which it participated. The County should also participate in the District's performance evaluation studies, including low level nutrient analysis. All results are to be reported to the District Project Manager. The District may discontinue the use of the County lab or any labs used for this Agreement if they show unacceptable performance on these blind or round robin studies. The District may also ask for MDL studies and QC charts during the duration of the contract. The County may not change the method without prior'written approval from the District. If the County's proposed method is not listed in the approved CompQAP (or Quality Manual), the County must provide a DEP approved Method Validation package for each method. The minimum quality control requirements for all tests are those specified in the County's CompQAP (or Quality Manual), unless specified as otherwise by the District. The qualification of data will be based on the limits set in the County's CompQAP (or Quality Manual) and those criteria specified below: · Data that are between the MDL and the Practical Quantitation Limit (PQL) should be qualified by the County with an (I). · For any results > PQL, the dissolved results should not be > 120% of the total for: Ortho P and TP or NH3 -N and TKN. · Verify that the method blank recoveries are <MDL. If not, qualify data results with concentrations falling between the PQL and MDL with a (J3). · Verify that all samples are prepared and analyzed by the EPA holding time. Qualify any data where holding times are exceeded with a (Q). · Verify that field quality control samples (EB, FCEB, etc.) are <MDL. Blanks that do not pass this criteria are confirmed through rework and if confirmed, data for the blank and associated samples that may be affected are flagged. Values are generally considered affected if they are less than (<) 5x the blank value. · Calibration of instruments must be bracketed around expected sample concentrations. The lowest calibration standard must be no more than 2xMDL. The highest calibration standard must not be at a level that would either be so high as to decrease sensitivity in the analysis or too low that it would necessitate dilution of a large number of samples. The County shall provide all data associated with analyses. The District may refuse payment for data that does not meet the County's or DistrictJFDEP quality assurance/quality control criteria. Task 5. Data Transfer Data for both projects (CCWQ and IMKS) will be submitted to the district in the electronic format specified below. Data will be submitted to District Project and Research Managers by within 60 days of the end of the reporting period (e.g. data for January-March would be due by May 31). All data submittals must conform to the guidelines for formats given in Appendix A. Task 6. Reporting Quarterly reports for data collected for projects CCWQ will be submitted within 60 days of the end of the reporting period (e.g. data for the months of January, February and March will be Page 3 of 12, Agreement No. C-12250-A01 HAY 2 7 2003 submitted by May 31). Quarterly reports will include the following: 1) identify activities undertaken during the reporting period, 2) state any problems encountered, 3) attest to the validity of the data, and 4) include all quality assurance statistics and reports (i.e. the results of field blanks, equipment blanks and precision as percent relative standard deviation). The County will also submit copies of all field notes taken for Projects CCWQ and IMKS during each quarterly reporting period. The County shall submit an annual calendar year report detailing the data collected in support of the Collier County Water Quality Monitoring Project (CCWQ). The annual report shall be provided as a document on CD-ROM. The annual report will be due by March 15 of each calendar year (the first report will be due March 15, 2004). This report shall, at a minimum, include/discuss the following information: Project Background (or Introduction) · Description of the monitoring area by basin · Historical information · Purpose of monitoring project · Period covered by report · Include a map of study area with monitoring stations (SFWMD will supply) II. Methods A. Field Sampling - General protocols can be referenced back to Collier County's Field SOP. · In Table Format: List the dates of monitoring for each station · Procedures for collecting in situ (field) measurements and which parameters were measured in the field (i.e., temperature, salinity, pH, dissolved oxygen, pH, etc.), include: make and model of instrument used to collect these field measurements · Water quality samples collected for laboratory analysis; include: how the water samples were collected (if collected via a sampler [i.e., Van Dom, Niskin or Alpha bottles] include type and capacity of sampler); · Reference the type of documentation required for each sampling trip: e.g. Sample characteristics and Climatological observations made during each monitoring event (i.e., air temperature, percent cloud cover, wind speed and direction, rainfall, tide, etc.) Bo Laboratory Analyses · In Table Format, give the analytical methods used for each parameter, type and make of analytical instrument used, and method detection limit (MDL) (if MDL changed during the monitoring year, list value and date of the changed MDL). · Summarize QAJQC information for monitoring period. Page 4 of 12, Agreement No. C-12250-A01 A G~I.,D A ITEM NO. /~ ~ ~ MAY 2 7 2003 PC,. ~ IH. Co Monitoring Problems · In Table format, specify any monitoring problems that may have occurred during the course of the monitoring year (Station/Date/Reason). Monitoring problems can be (and are not limited to) inclement weather (i.e., .tropical storms and hurricanes), equipment failures, scheduling problems, etc. Also include how these problems were resolved and what steps have been taken (with the exception of climatological events) to ensure that these problems are not repeated. Data Management/Statistical Analyses . Data used for this report (including the period of record) will be downloaded from the District's DBHYDRO database · Discuss/reference the qa/qc of data and its transfer to the District · Discuss any statistical analyses performed on data · List statistical packages (i.e. software) used to analyses of the data · Discuss method for computing WSI and TSI Results and Discussion A. Climatological and Hydrological Information · General Summary of rainfall data for the study area. This data can be obtained from a variety of sources: SFWMD, NOAA, USGS, etc. · Summary of monthly freshwater inflow to Naples Bay, Faka Union Bay, Rookery Bay and the Cocohatchee River (Data to be made available from SFWMD). Bo Short and Long Term Trends Discuss and identify any short- (annual) and long-term (period of record = 10/00-12/02) trends in water quality observed for the monitoring basins (at a minimum salinity, chlorophyll a, total nitrogen and total phosphorus shall be discussed). Relate water quality to land use on a basin level, where appropriate. · Discuss any effects of climatological and hydrologic events on trends during the reporting period (major rainfall events, storms, drought, etc.) · Discuss the performance of the major water bodies in relation to State Water Quality standards for the primary parameters. Co Inter-parameter Relationships · Discuss Basin Results for WQI and TSI over reporting year. Discuss any observed relationships between water quality parameters (e.g. TN:TP, TOC:TON, Salinity:TOC, Chlorophyll a:TOC, etc.) References Appendices: Page 5 of 12, Agreement No. C-12250-A01 NO.~ HAY 2 7 2003 A. Raw Water Quality Data for Monitoring Year- electronic B. An electronically scanned copy of all field notes for the report/ng period ~.0 CONTINGENCIES The County shall make every effort to complete all tasks as described. However, it is recognized that weather conditions, equipment failures and site conditions can influence sampling programs and that samples may be missed due to inclement weather or unforeseen unsafe working conditions. The County shall notify the District Project Manager of any problems that occur to inhibit the collection or analysis of water quality data required for this Agreement. The District may amend this contract for a time extension in the event of a natural disaster or major storm. Expedient monitoring may be requested during or after unusual weather events that may affect water-related resources. While every effort will be made to accommodate such requests, unscheduled monitoring will be conducted based on County staff availability and it is understood that some requests may not be fulfilled. Table I' Station list and GPS coordinates for sites sampled under the CCWQ and IMKS monitoring projects. CCWQ BARRIVN Off dock at Sheriff's substation on corner of US 41 and !Monthly 255435.2 812148.5 CR 29 CCWQ BCI Channel marker 38 in Naples Bay Monthly 260802.8 814825.7 CCWQ BC10 Faka Union Canal at intersection of 1-75 (FAKAUC75) Monthly 260611.3 810308.4 CCWQ BC11 Men'itt Canal at intersection ofi-75 Monthly 260912.6 812926.3 CCWQ BC12 Prairie Canal at the end of 82nd Ave. S.E. Monthly 260031.8 812729.2 CCWQ BCi3 Downstream of weir in Immokalee Rd. Canal west of Monthly 261623.1 814647.6 Palm River Blvd. CCWQ BCI4 Immokalee Rd. Can~al at intersection of Palm River Monthly 261621.6 814642.0 Blvd. CCWQ BC15 Airport Rd. Canal at entrance to Sam's Club IMonthly 261615.9 814609.9 CCWQ BC16 Bridge #84 on US 41E Monthly 250519.6 811542.2 : CCWQ :BC17 Bridge #86 on US 41E Monthly 255235.0 811304.1 CCWQ BCI8 Bridge #73 on US 41E Monthly 255507.2 812327_5 CCWQ BC19 Bridge ~69 on US 41E Monthly 255537.1 812503_5 CCWQ BC2 lust inside the mouth of Rock Creek Monthly 260827.4 814706_5 CCWQ BC20 ,Bridge ~2 on US 41E Monthly 255739.7 !813059.9 CCWQ BC21 Bridge ~55 on US 41E (TAMBR55) Monthly 255737.7 '813000.8 CCWQ BC22 Gauging Station North of intersection of US41 and Monthly 260325.6 814102.2 Henderson Creek (HENDCRK) CCWQ BC23 Bridge at intersection of Main Golden Gate Canal and Monthly 261013.2 814112.3 CR951 (GGCAT951) CCWQ BC24 Bridge #30211 on SR 29 approx. 3.1 miles north of I- Monthly 261212.7 812047.3 75 AGENDA IT£~l Page 6 of 12, Agreement No. C-]?-??;O-A01 PlAY 2 7 2003 CCWQ BC25 Bridge just east of Off Well Grade Rd. on CR 858 in Monthly 261738.3 812845.9 C~mp K~'M~ Strand . CCWQ BC3 Gordon River Ext. at mouth of canal leading to Main Monthly 260947.8 814711.5 ?ost Office CCWQ BC4 Downstream. weir in Golden Gate Canal across fi-om Monthly 261004.0 814632.7 Bear's Paw Country Club CCWQ BC5 Bridge at intersection of Haldeman Creek and Monthly ,260731.3 114613.3 Bayshore Dr. CCWQ BC6 Downstream of weir in Henderson Creek south of US Monthly 260324.0 814123.5 CCWQ BC7 Faka Union Canal at west bend ofT"' Monthly 255933.9 813118.5 CCWQ BC8 Men'iR Canal at east bend ofT"" Monthly 250505.8 812925.8 CCWQ BC9 Miller Canal at intersection ofi-75 Monthly 260911.4 813318.9 CCWQ COCAT41 Cocohatchee River at US 41 Monthly 261605.7 ,814806.8 cCWQ ;COCEOF31 Cocohatchee canal at S.R. 846, 1/2 mile east of S.R. 31 Monthly i261621.3 814647.3 CCWQ COCPALM Bridge at intersection of Palm River Drive and Monthly 260140.0 814641.0 Coconut palm River :CCWQ CORK@846 Bridge at intersection of Corkscrew Canal and CR846 Monthly 261640.7 813603.7 .. CCWQ CHK.MATE Middle of Checkmate Pond Fakahatchce Strand Quarterly 260837.0 812321.4 CCWQ CORKlXl Bridge S. of USGS gauge n on tram rd. to Little Quarterly 262945.5 812713.9 Corkscrew Isl. in Sanctuary CCWQ CORKS Southern most bridge on tram road in Corkscrew Quarterly 26.35366 81.61880 Swamp Sanctuary CCWQ CORKSCRD Bridge at intersection of Corkscrew Rd. and canal Quaxicdy 26.49581 81.52881 north_eAst of Corkscrew Marsh Trailhead CCWQ CORKSW Canal along tram road at southwest co,ncr of Quarterly 26.35596 81.64131 Corkscrew Swamp Sanctuary - CCWQ ECOCORIV East branch of Cocohatchee River at S.R. 846 near Monthly 261620.3 814702.3 palm River CCWQ FAKA Gauging station north of weir at the intersection of Monthly 255737.8 .813034.2 US41 anti F~lra Union Canal CCWQ FAKA858 South side of bridge at Fake Union Canal and CR858 Monthly 261734.4 813146.7 cCWQ FAKAUPOI Faka-U~ion Canal at entrance to Port of the Islands Munlhly 255721.4 813037.8 M~ui~a CCWQ GATOR North side of bridge 105 on US41 East Monthly 255035.1 805503.7 ~CC'WQ GGC@858 Bridge at intersection of Golden Gate Canal and Monthly 261736.0 813342.3 CR858 CCWQ GC~AT31 .Bridge at intersection of Airport Rd and G-oldea Gate Monthly 261004.3 814602.3 "anal ECWQ ~ Upstream of emil gate at intersection of US41 and Monthly 260044.5 814545-5 Ha]dc'man Cr~ic CCWQ I.ELY Bridge at intersection of US41 and Lely Main Canal Monthly 262119.3 81~.~.2.3 CCWQ ~IONROE Bridge 30096 at intersection of US41 and Loop Road Monthly 255148.9 810604~2 CC'W(~ OKALA858 Okaloacoochce Slough crossing on CR 858 Monthly 261817.4 811731.4 CC'WQ TAMBR90 Bridge 30090 on US41E Monthly 255220.0 810107.5 #0, HAY 2 7 2003 Page 7 of 12, Agreement No. C-12250-A01 . ~e.. ~IMKS IMKFSHCK Bridge at intersection offish Creek and Lake Trafford Monthly 262559.98 812745.36 Rd. IMKS IMK6STS Second culvert south of Main St. on 6th St. South, Monthly 262503.91 812519.70 ImrnnkaI~, FL IMKS IMKMAD Culv~t prior to entmnce of Gopher Ridge Grove at the Monthly 262548.99 812440.81 .end of Alachua Rd. [MKS IMKBRN First bridge over canal on US29 south of the Monthly 262432.57 812352.24 convergence of northwest and north drainage canals on the southeast end of lmmokalee IMK$ IMKSLGH Culvert located on Sanitation Rd. approximately I/4 Monthly 262423.60 812545.33 mile southwest of Immokalee Water and Sewer District access gate Table I1. Laboratory parameter list reporting requirements for the Collier coUnty Water Quality Project (CCWQ) and the Immokalee Stormwater Project (IMI<S). Ammonia EPA 350.3 0.01 mg/l Monthly Monthly Color !EPA 110.2 5 pcu Monthly Monthly Dissolved Inorgamc NiU'ogen Calculated 0.01 mg/l Monthly (DIN) (NO~ '~ + ~ '~ ) Hardness SM 2340 B 1.0 mg/l ,Monthly Monthly Nitrate Calculated 0.01 mg/l Monthly (NO, 's - NO2) Nitrite SM 4500 NO2 B 0.002 mg/l Monthly NOx SM 4500 NO3 E 0.01 mg/l Monthly Monthly Ortho Phosphorus SM 4500 PE 0.004 mg/l Monthly Total Dissolved Solids SM2540C 1.0 mg/l Monthly l'otal Kjeldahl Nitrogen EPA 351.2 0.24 mg/1 Monthly Monthly Total Nitrogen (TN) Calculated 0.24 mg/l Monthly (TI<N+ NO,) Total Organic Nitrogen Calculated 0.24 mg/I Monthly (TN-DIN) Total Organic Carbon EPA 415.1 0.32 mg/l Monthly . Total Phosphorus SM 4500 PE 0.004 mg/1 Monthly Monthly Total Suspended Solids SM 2540 D :2.0 rog/1 Monthly Monthly Turbidity , :SM 2130 B 0.10 NTU Monthly Monthly Chlorophyll-a SM 10200 H 3.0 rog/m3 Monthly Phaeophyt/n SM 10200 H 3.0 mg/m3 Monthly Fecal Coliform SM 9222 D 1 cfu/100 mi Monthly Total Coliform SM 9222 B 1 cf'u/100ml !Mo~_tbJy Alkalinity SM 2320 B 1.0 mg/l Quarterly ' Calcium SM 3111 B 0.08 mg/l Quaxm~ly Chloride SM 4500 CFC 1.0 mg/l Quarterly Fluoride SM 4500 F-C 0.05 mg/l Quarterly Magnesium SM 3111 B 0.007 mg/1 Quar~ly Silica, Dissolved SM 4500Si-D 0.1 mg/l Quarterly Monthly Sulfate EPA 375.4 1.0 mg/l Quarmrly Monthly N0.._~_~ 2 7 2003 Page 8 of 12, Agreement No. C-12250-A01 Arsenic Cadmium Chromium Copper Iron L~ad Zinc ~lI3B ;M 3113 B ;M 3113 B ;M 3113 B ;M 3111 B ;M 3113 B ;M 3111 B 1.Ou~ O. lu~ 2.0u~ l.Ou~ 120u~ 1.Ou~ 20 u~ Quarterly Quarterly Quarterly Quarterly Monthly Monthly Monthly Monthly Monthly Page 9 of 12, Agreement No. C-12250-A01 NO.~ t4AY 2 7 2003 APPENDIX A: 1) 2) 3) 4) 5) 6) 7) Dam files must be transferred electronically to District Project Manager using a consistent file naming convention, e.g. XXX-20011201-1.CSV (laboratory name + date (YYYYMMDD~ sequence number). Data must be submitted on IBM formatted 3 1/2" diskettes or CD-ROM or e-mail or transfened to an externally accessible District UNIX workstation using FTP. All data files will be submitted in ASCII comma delimited format. Character fields that may contain commas will be enclosed by quotation marks. The Contractor will report all required fields in the data file, in the order in which they appear as described in the table below. Files'will not be accepted with' missing information. All field positions are required. If there is no value for a field, a comma will still be placed in the file to represent that position. For example: Fieldl,Field2,,Field4 .... Field3 has no value but the position is still represented by having two commas. Data files must be separated by data type, e.g., inorganic versus organic. Contractor shall not report any data for missing results (0, -99, or blank). Files are to be of ASCII type in a comma delimited format. The fields and the required order are described below. Lab (LIMS) Number * 1 to 13 characters L2555-20 Field Number * 1 to 13 characters Project code * to 8 characters MBLS Sampling Date * 8 digits YYYYMMDD 20000119 Sampling Time * Station Code * Sample Type Program Type Collect Method Matrix Sampling Depth (m) Parameter Name * Storet Code Method Name Analysis Date * Analysis Time * 4 digits I-tttMM (Military) to 10 charactm's 1 to I0 characters (Laboratory QC samples would be identify here) 1 to 4 chatacmrs 1 to 4 chatactm~ 1 to 4 chara~mr$ to 4 digits 1 to 30 charactm's 1305 MBLS18 SAMP, EB, FB MON, EXP G, ACF, ACT SW,GW, B~ 0.5 TPO4, TKN, OPO4 Practical Quantitative Limit 5 digits, ff code is <5 digits, then leading zeros must be used 665 1 to 20 charact~ (EPA or EPA acceptaxl SOP #) SM4500PF 8 digits YYYYMMDD 2(XX}O120 4 digits HHMM (Military) 1400 9 digits total, 4 decimals (F9.4) 0.016 Page 1 of 1, Exhibit "Di" to Agreement No. C-12250-A01 Method Detection ! Jmit * 9 digits total, ~$ decimals (F9.4) 0.004 9 digits total, 4 decimals. For result values flaat are below detection limits, the result 0.05 ~esul~ * value will equal negative/VlDL and the emark code will be U. Units * 1 to g characters mg/L, 1 to 13 characters used to link sample with 10 or WG100 Batch laboratory QC submitted ! to 3 Characters ( as specified in District U Remark Code flagging criteria documentation ) 1 to 240 characters (no commas in between ,Large amount of comments) Laboratory QC samples will use suspended solids in Comments this field to indicate the original sample spike the sample or duplicate. Permissible Codes for fields listed above: SAMPI F. TYPE: Describes the kind of sample. Valid codes ,are as follows: Regular Samples EB FCEB FB FD RS SS SAMP QC Laboratory Samples Blank STD MS MSD LCCV PROGRAM TYPE: Equipment Blank Field Cleaned Equipment Blank Field Blank Field Duplicate Replicate Sample Split Sample Regular Samples (Based on agreed protocol for Laboratory) Described monitoring versus experimental samples. Valid codes are as follows: MON EXP COT.!.F-CT METHOD: ACF ACT ADF ADT CDI CWI CXI Monitoring Program Experimental Program How the sample was collected. Valid codes are as follows: Auto-Sampler Composite Flow Proportional Auto-Sampler Comt~site Time Proportional Auto-Sampler Discreet Flow Proportional Auto-S~mpler Discreet Thne Proportional Composite Depth Integrated Composite Width Integrated Composite Cross Section Integrated Page 11 of 12, Agreement No. C-12250-A01 CSI G GB GP BLK WET DRY FP Composile Sim Integrated - SedimenffSoil Only Grab Grab Bailer Grab Pump Bulk Wet (Atmospheric Deposition/Rain) Dry (Atmospheric Deposition/Rain) Field Parameters (In Sim Measurements, No sample) Described the type of material being sampled. Valid codes are as follows: SE Sediment SO Soil GW Groundwater SW Surface Water RA Atmospheric Deposition (Rain) SA Saline BPL Biological - Plant Page 12 of 12, Agreement No. C-12250-A01 AG~;~A IT£# NO._ /~W~ 3 HAY 2 7 2003 EX]~BIT "DI" pAY'M~NT AND DELIVERABLE SCHEDULE The County shall invoice the District on a quarterly basis. All invoices will list the deliverables submitted to the District during the quarterly reporti_ng period. Upon receipt and/or documentation of completion and acceptance of deliverables by the District, the District agrees to pay the County as specified below. Payment will be contingent upon delivery and District acceptance of all products due within tae invoice period. Task Deliverable Description ~sk 1 Collect monthly field measurements at (53) monitoring sites for Projects cCWQ and EVlKS located within Collier k 2 Collect monthly and quarterly surface water quality samples at (53) monitoring sites for Project cCWQ and IMKS located within Collier Count_y_: Analyze surface water quality samples for the parameters specified in this Agreement for monitorin stations. ~ask 3 Ensure all data meet the quality control / quality assurance requirement detailed in this. agreement. Perform QA reviews of data as fled in this Aj[reement. Task 5 Submit data in the required electronic format submit copies of all field notes to the District Project Manager. 'ask 6 Submit quarterly progress reports to the District Project Manager. Due Date FY2003 $5,140.00 ($1,285.00 per Monthly/ Quarterly (CCWQ) $15,425.00 ($3,856.25 per $42,000.00 ($10,500.00 per Quarterly (Within 60 days of the end of the Quarterly (Within 60 days of the end of the $11,660.00 ($2,915.00 per uarter) $5,615.00 ($1,403.75 per $11,660.00 ($2,915.00 per ;ubmit a comprehensive annual report in the format detailed in this Agreement to the District Project Manager. Due Annually on March 31a for the previous year's $8,5O0.0O ($2,125.00 per quarter) Totai~nts TOTAL YEARLY PAYMENT NOT-TO-EXCEED $100,000.00 Page 1 of 1, Exhibit "DI" to Agreement No. C-12250-A01 EXECUTIVE SUMMARY APPROVAL OF ONE (i) IMPACT FEE REFUND REQUEST FOR BOYS & GIRLS CLUB TOTALING $44~210.00 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 the Boys & Gids Club totaling $44,210.00~ 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. BOYS & GIRLS CLUB ($44,210.00) - On December 13, 2002, a water impact fee of $34,940 and a sewer impact fee of $37,600 were charged on permit #2002101478 for the upsizing of the existing 1.5" domestic meter to a 3" domestic meter to supply the domestic and irrigation water for this project. A water impact fee of $8,100 and a sewer impact fee of $7,840 were paid on the original 1.5" meter on receipt numbers 70088 and 70568. These amounts were credited toward the 3" meter, the total cost of which, before application of such credits, was $43,040 for the water impact fee and $45,440 for the sewer impact fee. On April 8, 2003, the engineer for the Boys & Girls Club opted to install a separate irrigation meter and submitted a meter sizing worksheet verifying that the a 2" meter is capable of supplying adequate capacity for the additional structures at the site, as well as a separate irrigation meter sizing application. In order to upsize the existing 1.5" meter to a 2" meter, after application of credit for fees originally paid, a water impact fee of $13,450 and a sewer impact fee of $14,880 would be due. As a $34,940 water impact fee and $37,600 sewer impact fee have already been paid, a refund of the difference, in the amount of $21,490 for water impact, and $22,720 for sewer impact should be refunded. A separate water impact fee and tapping charge will be assessed on the irrigation meter upon submittal of sizing documentation and County approval. FISCAL IMPACT: The recommended Impact Fee refund will be transacted as a debit entry against the applicable revenue line items in the following amount: Water Impact Fee Fund - $ 21,490.00 Sewer Impact Fee Fund - $ 22,720.00 Total - $ 44,210.00 AG[ NOA ZT£1~ ~0.,~~.~ HAY 2 7 2003 P~._ / _ Impact Fees Refunds Page 2 GROWTH MANAGEMENT IMPACT: Remittance of the requested Impact Fee refund will not adVersely affect capital project funding. RECOMMENDATION: That the Board of County Commissioners approves the requested Impact Fee refund requests, totaling $44,210.00; and that the Board approves any related budget amendments that may be required. Jac~iu~lyr~. John~s°n j Engin r~.,L[~ Technician Public Utilities Division Thomas G. Wides Operations Director Public Utilities D~ Ja~es W. DeLony, P/4~. ~~u bllcn isJ~i°ers DivisiOn Date:"~ ~ ~ H A ~7~ NDe, IT£N ,0._ /~, c_. HAY 2 7 Official Receipt - Collier County Board of County CDPR1103 - Official Receipt Commissioners i Trans Number I Date i Post Date 12/19/2002 10:19:31 AM 12/19/2002 1376753 Payment Slip Nbr PT 2002101478 Address: 7500 DAVIS BLVD Owner: BOYS & GIRLS CLUB OF COLLIER COA #: 03-0242 Permit Type: BC3 Job Desc: BOYS GIRLS BATH HSE 3505SQFT Applicant: CINDY WILLIAMS DBA: HOUCHIN CONSTRUCTION, INC. Swr Meter: SC Wtr Meter: CC Payor- BOYS & GIRLS 08EMSl 08FLGG Fee Information Fee Code i Description J GL Account Amount i Waived 08BCAI BLDG.CODE CERT. SURCHARGE ! 11300000020882000000 $16.08t ~ 08BPNP BLDG PERMITS - NAPLES $2243.00 EMS IMPACT FEES UNINC. $675.57 FIRE< 1 MILLION-GOLDEN GATE 11300000020940100000 $364.34 08GGIM GOLDEN GATE FIRE IMPACT 11300000020980000000 $965.10 08JAIL JAIL IMPACT FEE i 38111043036380100000 $3512.96 08MFSG MICROFILM SURCHARGE i 11313890034144200000 $5.28 08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 $16.08 08BACR BLDG. PERMIT APP. FEE CREDIT i 11313890032251000000 $-175.25 08FPRF FIRE PLAN REVIEW FEE 11300000020910200000 $500.00 i 08APPF FIRE PLAN REVIEW APP FEE 11300000020910200000 ~, $-500.00 42WSDC WATER SYSTEM CHARGE 42SSDC ' 19EICA 11313890032211000000 35014047036385000000 SEWER SYSTEM CHARGE I ESCROWED IMPCT FEES - COA ESC 41326361134356000000 67500000022001500000 Total $3760O.OOI , $-77693.63J $2469.531 - Continued- Collier County Board of County Commissioners CD-P/us for Windows 95/NT Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number ioate !PostDate I Payment Slip Nbr ' 12/19/2002 10:19:31 A~-~i 12/19/2002 PT 2002101478 ~376753 Payments Payment Code : AccountJCheck Number Amount i $2469.53 CHECK ~ 11599 Total Cash f $0'001 Total Non-Cash L $2469.531 Total Paid ~ $2469.53 j Memo: Cashier/location: MCCAULEYKATY / 1 User: FLEISHMANPAULA Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed :5/2,~00~ ~.~:-~. _~ HAY 2 7 2003 11:16^1~ FROt/"'C, C, R£¥ENUE SERVICE +g4164341 IT T-203 P.01/03 F-gT2 L '1 'roc~Bei cou~'coum3'.., NAPLF-~, FLORIDA 33962 ,. , DESC,~PTION EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $475,000 TO FUND UNANTICIPATED EXPENSES IN THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT COST CENTER OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water District, approve a Budget Amendment for the North County Regional Water Treatment Plant Cost Center to cover unanticipated expenses that have been expended this year for wellfield repairs and operating expenses, leaving a shortfall in operating funds. CONSIDERATIONS: The Water Department has experienced several unanticipated events that have resulted in a shortfall of funds for operating the North County Regional Water Treatment Plant. Several failures in the electrical wiring in the Hawthorn Wellfield have resulted in the expenditure of unbudgeted funds. The Hawthorn Wellfield supplies raw water to the reverse osmosis water treatment process in the North County Regional Water Treatment Plant. Additionally, became the expansion project at the South County Regional Water Treatment Plant is behind schedule, the North County Regional Water Treatment Plant has .produced more water than was projected and budgeted for. The production of additional water at the facility has driven costs, including electricity and chemicals, past the budgeted fund levels. A structural failure in one of the degasifier towers at the facility also resulted in the unanticipated expenditure of funds for repair and replacement of media. Additional inspection of the remaining three towers has indicated that the media needs to be replaced, and will require additional funds to complete the rehabilitation of the towers. Structural integrity failures in the acid feed system also resulted in the unanticipated expenditure of funds for repair and replacement of pipe and fittings. Additional inspection of the remaining system indicates that additional pipe and fittings need to be replaced, and will require additional funds to complete the rehabilitation of the system. The funds necessary to cover the expenditures will come from the South County Regional Water Treatment Plant Operating Budget. Sufficient funds were budgeted to operate the reverse osmosis water treatment process expansion, but the project has experienced numerous delays. Because of the delays in the South County Regional Water Treatment Plant Expansion, the North County Regional Water Treatment Plant has operated at a capacity beyond budgeted projections. The greatest impact to the North Plant' budget has been in electricity, requiring a transfer of $400,000. Additional operating supplies required amount to the remaining balance of $75,000. MAY 2 7 2003 ~,G. ! EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $475,000 TO FUND UNANTICIPATED EXPENSES IN THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT COST CENTER BY TRANSFERRING FUNDS FROM THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT COST CENTER OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water District, approve a Budget Amendment for the North County Regional Water Treatment Plant Cost Center to cover unanticipated expenses that have been expended this year for wellfield repairs and operating expenses, leaving a shortfall in operating funds. CONSIDERATIONS: The Water Department has experienced several unanticipated events that have resulted in a shortfall of funds for operating the North County Regional Water Treatment Plant. Several failures in the electrical wiring in the Hawthorn Wellfield have resulted in the expenditure of unbudgeted funds. The Hawthorn Wellfield supplies raw water to the reverse osmosis water treatment process in the North County Regional Water Treatment Plant. Additionally, because the expansion project at the South County Regional Water Treatment Plant is behind schedule, the North County Regional Water Treatment Plant has produced more water than was projected and budgeted for. The production of additional water at the facility has driven costs, including electricity and chemicals, past the budgeted fund levels. A structural failure in one of the degasifier towers at the facility also resulted in the unanticipated expenditure of funds for repair and replacement of media. Additional inspection of the remaining three towers has indicated that the media needs to be replaced, and will require additional funds to complete the rehabilitation of the towers. Structural integrity failures in the acid feed system also resulted in the unanticipated expenditure of funds for repair and replacement of pipe and fittings. Additional inspection of the remaining system indicates that additional pipe and fittings need to be replaced, and will require additional funds to complete the rehabilitation of the system. The funds necessary to cover the expenditures will come from the South County Regional Water Treatment Plant Operating Budget. Sufficient funds were budgeted to operate the reverse osmosis water treatment process expansion, but the project has experienced numerous delays. Because of the delays in the South County Regional Water Treatment Plant Expansion, the North County Regional Water Treatment Plant has operated at a capacity beyond budgeted projections. The greatest impact to the North Plant budget has been in electricity, requiring a transfer of $400,000. Additional operating supplies required amount to the remaining balance of $7:5,000. FISCAL IMPACT; The total expenditures are estimated at $475,000 and will be funded from County Water/Sewer Operating Fund (408) as an inter-departmental Cost Cemer transfer out of the South County Regional Water Treatment Plant Operating Budget to the North County Water Treatment Plant Operating Budget. GROWTH MANAGEMENT IMPACT: There is no growth managemem impact in approving this budget amendmem. RECOMMENDATION: That the l,oard of County Commissioners, Ex-Officio, the governing Board of the Collier County Water District, approve abudget amendment for the North County Regional Water Treatment Plant Cost Cemer to cover unanticipated expenses that have been expended during this Fiscal Year. SUBMITTED BY: Steve Messner, Water Plant Superintendent Date: Pa ter Department Director ~~-s W. DeLony, P.E, fublic Utilities Ad Dmin~t~:at~'~/~ ~' AG~NOA %T£H · ,,.._ IHAY 2 7 2003 EXECUTIVE SUMMARY APPROVE AMENDMENT TO WORK ORDER JEI-FT-02-01 FOR ENGINEERING INSPECTION SERVICES RELATED TO THE PORT-AU- PRINCE UTILITY REPLACEMENT PROJECT 73060 AND 70074, IN THE AMOUNT OF $20,237.50. OBJECTIVE: To provide full time inspection and contract administration for the Port au Prince Utility Replacement Project. CONSIDERATIONS: On April 22 2003, Agenda item 16(C)2, the Board of County Commissions approved Change Order 2 to Douglas N. Higgins in the amount of $3,000, additional time of 36 days. Johnson Engineering provided full time inspection services for this project under the Agreement for Fixed Term Construction Engineering Inspection (CED Services (Contract 01-3291). In addition to contract administration and inspection, the Johnson Engineering resident inspector was available on site to answer any questions or concerns from the residents. The additional contract time has resulted in additional inspection services required for the final duration of the project. A summary of total fees approved and proposed are as follows: Fees Original Work Order $ 88,920.00 Amendments (Add) $ 20,237.50 Total $109,157.50 The fees proposed are reasonable and consistent with CEI Contract 01-3291, and will be invoiced on a time and materials basis. Funds for Engineering Inspection Services were divided equally between Water and Wastewater User Fees. Per article 5. Section 5.5, Contract 98-2835, total initial compensation shall not exceed $90,000. Staff requests approval to exceed this $90,000 limit of the contact. FISCAL IMPACT: Funds in the amount of $20,237.50 are available in County Wastewater and Water Capital Projects. Source of funds are Water and Wastewater User Fees. Funds for this project are included in the 2003 budget adopted by the Board on September 18, 2002, Agenda item 2. GROWTH MANAGEMENT IMPACT: This work will have no impact on growth management. This project is consistent with the 2002 Wastewater Master Plan adopted by the Board on February 25, 2003 Agenda item 10(A) RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve and authorize the Public Utilities Engineering Administrator to execute amendment to Work Order JEI-FT- 02-01 with Johnson Engineering Inc. HAY 2 7 003 Executive Summary Amend Work Order with Johnson Engineering. Page 2 SUBMITTED BY: Alicia Abbott, Project Manager Public Utilities Engineering Department Date:~._~~ REVIEWED BY: ~ ~~'-~ Date: William Mullin, P.E., Principal Project Manager Public Utilities Engineering REVIEWED BY: Stephen 'Y~Camell,:~urchasing Dii'ector Date: REVIEWED BY: :,Wy/ t-'~ -'/~:' -- Date: Roy Afl, derson, P.E., Public Utilities Engineering Director REViEWEDBY: (.~f-'~l~g ~ Jose~ B. ~heatham, Wastewater Director Paul Mattausch, Water Director APPROVED BY: ('~~~----~"~ hc  . DeLony, P.E}ub ' Date: Utilities Administrator MAY 2 7 2003 AMENDMENT 1 WORK ORDER # JEI-FT-02-01 Agreement for Fixed Term Construction Engineering Inspection Services Dated March 26, 2002, (Contract #01-3291) This Work Order is for construction engineering inspection services for work known as (Title) Port-Au- Prince Utility Replacement (Reason for Proiect) To provide additional full time inspection services during construction. The work is specified in the proposal dated April 16, 2003, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # JEI-FT-02-01 is assigned to Johnson Engjneerine. Scope of Work: (List all tasks: Task I, Task 2, etc.) Engineering Inspection & Contract Administration. AMENDMENT 1: Additional inspection services required due to additional time added to the construction contract Schedule of Work: Complete work within 90 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). TASK I $ 88,920.00 (time & material) Amendment I $ 20,237.50 (time & material) TOTAL FEE $109,157.50 (time & material) Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. Alicia Abbott, PubLic Utilities Engineering, Project Manager Date AUTHORIZED BY: B~ Joseph , Wastewater Director Date Paul Mattausch, Water Director Date APPROVED BY: Ande~on, P.E., Public Utilities Engineering Director Date Roy APPROVED BY: James W. DeLony, P.E., Public Utilities Administrator Approved as to Form and Legal Sufficiency: Assistant County Attorney Date ACCEPTED BY: Date: Aprii 23, 2003 JOHNSON ENGINEERING, INC. Name of Firm ATTEST: (C°rp°~Z~ecretary) · ':'~:gax-y.~ R:_ Bull, Secretary Signature · ' ' ' Type'..N'ame and Title FUnd: 4i~ '~'~'- Cost Center: 263614 Object Code: 6314~ Project No.: 73060 Fund _.417.... Cdst Center: 27351 2 Object Code: 631400 Project No.: 70074 MAY 272003 J PG..., _ [ ENGINEERING Collier County Board of Commissioners Ms. Alicia Abbott Project Manager Collier County Utilities Engineering 3301 Tamiami Trail Naples, Florida 34112 SINCE 19~6 April 16, 2003 Re: Adjustment to the Work Order- CEI Services Proposal for 01-3291, Port Att Prince Utility Replacement. Dear Ms. Abbott: As a result of this project being extended, lhe contractor working additional hours, and on weekends, our budget is now $17,797.50 over the original work order amount, as of March 30, 2003. We are asking to increase the work order an additional $20,237.50 to finish out the project. A breakdown is provided below: Original Work Order Amount: S88~920.00 Billed as of Feb. 28 Billing not Billed yet for March Total $88,885.00 $17,797.50 (thru March30) $106,682.50 Hours still to be worked: Phillip Simmons: 1 >dax.'s,rt _~ hrs. $2,475.00 $106,682.50 $ 2,475.0O $109,157.50 ($88,920.00) $20,237.5O Thank you for this opportunity to provide this service and if you have any questions, please feel free to contact me. SO :OI ~i'~ Bi }taxi ~0, cc ,e.o '3 'fl 'd Very truly yours, JOHNSON ENGINEERING, INC. ~'[~)~;cBt;;vers°n 2350 Stanford Court · Naples, Florida 34112 (239) 434-0333 · Fax (239) 434°9320 A C~I~ A IT[F! ~0.,_~.,~_.._._~ MAY 2 7 2003 PG._,_~ PROJECT NAME: CONTRACT MODIFICATION CHECKLIST FORM Port au Prince Utilities Replacement Project 73060, 70074 01-3291 PROJECT #: BID/RFP #: NAME OF FIRM: Johnson Enqineerin,q, Inc. CONTRACT AMOUNT: ORIGINAL $ 88,920.00 CURRENT COMPLETION DATE(S): MODIFICATION #: 1 CURRENT $109,157.50 (proposed) ORIGINAL: February 26, 2003 CURRENT: April 4, 2003 SUMMARY OF PROPOSED CHANGE(S): Additional inspection time required until completion of the project. JUSTIFICATION FOR CHANGE(S): Contractor was .qranted a total of 37 additional days to the contract time. We required full time inspection on the proiect, therefore additional time was required for Johnson En.qineerin.q to perform contract administration and inspection to close out this proiect. PARTIES CONTACTED REGARDING THE CHANGE: Mattausch, Joe Cheatham Roy Anderson, Paul IMPLEMENTATION STEPS (Check each before proceeding with change) ~ Proposed change is consistent with the scope of the existing agreement ~X Change is being implemented in a manner consistent with the existing agreement ~ The appropriate parties have been consulted regarding the change PROJECT MANAGER RECOMMENDATION: Date: ~-~1o-o ~ DISAPPROVE: Date: COMMENTS: 11/07/02 AGENDA ITEM HAY 2 ? 2D 3 EXECUTIVE SUMMARY APPROVE THE STANDARDIZATION' AND THE PURCHASE OF AN AQUATECH MOBILE CATCH BASIN AND HIGH VELOCITY COMBINATION SEWER CLEANER IN THE AMOUNT OF $173,652 OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water/Sewer District approve the standardization of Aquatech trucks and approve the purchase of an Aquatech Sewer Cleaner for maintenance of the County's sewer lines. CONSIDERATION: 1. The County's Wastewater Collections Department is responsible for the operation and maintenance of the County's Wastewater pump stations, gravity lines and force mains. A mobile catch basin and high velocity combination sewer cleaner unit mounted on a truck chassis would be used to clean sewer lines and laterals for Wastewater Collections Operations and to clean valve risers for the Valve Maintenance Crew. 3. There are currently four Aquatech units in the County, two (2) in the Road and Bridge Department and two (2) in the Wastewater Collections Department. 4. All employees that work in or around this type of equipment have had extensive training on proper operation, maintenance, and safety of aquatech trucks. o Aquatech unit designs all have rear-mounted hose assemblies. This allows the worker to be away from the heat and noise of the truck's engine therefore, making it a safer environment for the employee. 6. Collier County Wastewater currently stocks replacement parts and equipment to minimize the down time of these trucks. 7. Fleet Management technicians have been trained and are able to perform warranty work on the Aquatech units, which require seals and pumps to be replaced due to heavy use. 8. Standardization is permitted by the Purchasing Policy under Section Xm(A). e Staff recommends approval of standardization of Aquatech trucks through December 31, 2005 in accordance with the attached Letter of Understanding and approval of the purchase of an Aquatech B5 Mobile Catch Basin And High Velocity Combination Sewer Cleaner mounted on a Sterling chassis from Pat's Pump & Blower at a cost of $173,652.00. Pat's Pump & Blower is the sole representative for Aquatech in Florida. .... fi, c_ HAY FISCAL IMPACT: Funds are currently budgeted in County Water/Sewer Operating Fund (4o8). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: It is recommended that the Board of County Commissioners, Ex- Officio the Governing Board or the Collier County Water/Sewer District approve the standardization of Aquatech Trucks through December 31, 2005 and approve the purchase of an Aquatech Mobile Catch Basin High Velocity Combination Sewer Cleaner motmted on a Sterling chassis from Pat's Pump & Blower in the amount of $173,652. SUBMITTED BY: ~ ~ ~ Steve Nagy, Wastewate[C~ll~ctions Manager REVIEWED BY: (~(J~, ~ Jc(s~ph Cheatham, Wastewater Director ~tephen ¥. Qa~n~chas~ng/GS Director sW. DeLony, P.E., ~ublic Utilities Administrator Date: ~~//0 Date: Date: ~o. /(,,c'~ ~ MAY 2 7 2003 FROM : FAX HID. IZ:36 M~y12,200~ Kevln A. l:encl~ Pals Pump + Blower, ~ 630 West ~ Street Orlando, FI. ~Z805 Re: ~tt~r of Und~ - Aquatech MnMle Catch Ba.~.n ar~ Hi~ Velocity Comb~m~ ~ Fe~ ~ mutual asreemegt betwee~t Collier Count~, her~ called the "Cou~7" ~ Pat's lhu~p + l~lowef, T~., ~ t. lled ~e ~Ven~', tt~ Lette~ e/Unc~e~st~_8~ al~ll be made a coutponent of the ~e Ord~ fo~ the services descrfl~d as follows: The Venio~ shall prc~ide the follc.vin~ a~ well a~ other services a~ n~y be requested in by the County as T~e C~ Teserve~ the ~i~h~ to ~e _--~,-'~' ,quip~tt from other sources i~ it is detmmined to be in th~ be~t ~°~ the C°unty' IV. Term: The contract shall be for a period, commencing on date of award by the Board of County Commissioners, and terminating December 31, 2005. The County reserves the right to renew said contract with consent of the Vendor for an two (2) additional one (1) year contract periods under the same terms and conditions. V. No partnership: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. VI. Permits, Licenses, Taxes: In compliance with Section 218.80, Fla. Stats, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. VII. Termination: Should the contractor be found to have failed to perform his services in a manner satisfactory to the County as per the specifications and requirements of this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. VIII. No Discrimination: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. IX. Insurance: The Contractor shall provide insurance as follows: A. Commercial General Liability:. Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single I.irrtit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. (Occurrence Form) patterned after the 1985 I.S.O. form with no limiting endorsements. B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. C. Professional Liability: Coverage shall have minimum limits of $500,000. D. Automobile Liability: Coverage shall have minimum limits of $300,000. Special Requirements: Collier County shall be listed as the Certificate Holder and induded as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a thirty F1AY, 7 2003 P~. ~ FRX NO. : l~tag. 13 ~ I;~: l'?Rl'l P4 ]Z:~! From,'Colil,r County Purchillfll g41 I'ZZ 0844 T-t;; P,004/004 F-~4~ (30) cl~y r~e_~tion to ~e County in t~ ~t o~ cance/l~tl~ oz n~,'.t~on o~ asry harmless and defend ColBer CourtLy and tis sSents ~ employees from all suits and actior~, 1:he ~d Con~/Vendor, any ~'o~mictm', or anyone c~ect~y or ind/rectly' ~pby~ ~ ~y ~ ~ ~e ~n~a~/V~r's ob~ ~d~ ~ p~~ ~ not ~ ~ ~y way by ~ ~d up~ ~a~ p~ ~ ~ ~ ~ ~~ C~~/V~dor's 1,~t ol, ~ ~ ~ ~,~a~ ~m ~ ~ ~ ~ H~ed Co~ ~ C~a~ a~e ~t ~ t~ ~ Und~~ ~ ~e ~odu~ of mu~ H ~u ~ ay qued, p~ c~ ~ at ~ncerely, ~ Agent Joe ~.~_:~,: Wumeater Dimc~ Audrey Martinez, Firm~ce DepBrtment PAT'S PUMP ~ ~ ~endsr EXECUTIVE SUMMARY BOARD APPROVAL OF A BUDGET AMENDMENT RECOGNIZING POSITIVE CARRY FORWARD VARIANCE IN THE WATER POLLUTION CONTROL FUND (114) IN THE AMOUNT OF $444,400 OBJECTIVE: Board approval of a budget amendment recognizing a positive carry forward variance of $~.~,400 in the Wat~ Pollution Control Fund (114). CONSIDERATIONS: As part of the annual budget process, available carry forward revenue within each fund is projected. Variances in budgeted and actual carry forward are recognized via budget amendment. The Pollution Control Department has a positive carry forward of $444,400. It is proposed that the carry forward be appropriated as follows: · Building improvements for the laboratory air handler, and two (2) replacement hoods for the inorganic laboratory. $65,000 The purchase of other machinery and equipment will include: · Laboratory pumps to replace broken pumps in micro laboratory. $4,200 · Vacuum manifold used in conjunction with the pumps in micro laboratory. $4,000 · YSI multiprobe meter is used to obtain surface water parameter measurements in the field such as salinity, pH, temperature, specific conductivity and dissolved oxygen. $8,000 · Two (2) field turbidimeters are used in ground water sampling to determine the turbidity of the sample. $1,800 · Two (2) peristaltic pumps are used in ground water sampling and are used to pump the ground water out for sampling. $2,800 · Two (2) water level meters are used to measure the water levels in monitoring wells for ground water. $1,100 · Computer for groundwater remodeling of wellfields. $5,000 Operational carry forward appropriations: · Minor operating supplies to operate the Quadrupole Inductively Coupled Plasma Mass Spectrometer (ICP) and the Gas Chromatography Mass Spectrometer (GC- MS) laboratory equipment. $20,300 · Travel arrangements and training for the ICP and the GC-MS laboratory equipment. $4,500 A total of $172,900 in purchase orders for building improvements and contractual services initiated in FY 02 that will be expended in FY 03. The balance of $154,800 will be placed in reserve for contingencies. Executive summary Carry forward Page 2 FISCAL IMPACT: Funds are available in the Water Pollution Control Fund (114). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners recognize the appropriate carry forward and approve the budget amendment. SUBMITTED BY: ~a~' C~o elisse, Operations Supervisor Pollution Control & Prevention Department R~y Smith, Director Pollution Control & Prevention Department APPROVED BY: ~Jaml:s W. DeLony, P,/E., Administrator ,/~ _~'tic Utilities Divi[ion Date: Date: EXECUTIVE SUMMARY APPROVE A MEMORANDUM OF AGREEMENT WITH THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR USE OF SCHOOL CAFETERIAS IN CONJUNCTION WITH THE SUMMER FOOD SERVICE PROGRAM Obiective: To provide free nutritious lunches during the summer months to children in disadvantaged neighborhoods. Considerations: The Summer Food Service Program is a grant funded by the United States Department of Agriculture Food and Nutrition Service and administered by the Florida Department of Education. The purpose of the program is to ensure that children can receive the same high quality meals during the summer as provided by the schools during the school year. Staff has successfully administered the Summer Food Service Program for the past twenty years in conjunction with the summer camp program. This summer the program will provide an estimated 80,000 breakfasts and 120,000 lunches. Under the proposed agreement the school Board will furnish school cafeterias at Naples High School, Everglades School, and Village Oaks Elementary to the Parks and Recreation Department for the purpose of preparing and delivering meals provided by the summer food service program. School Food service Managers will be hired by the Parks Department to run and operate the cafeteria facilities. All food and supplies will be sold to Parks and Recreation at cost plus 1%. The term of the Agreement is from June 2 to August 1, 2003. Fiscal Impact: The Summer Food Service Program is budgeted under the FY 03 Food Grant Fund in the amount of $461,600. The State will reimburse the County for 100% of expenses. Growth Management Impact: No Growth Management Impact is associated with this action. Recommendation: That the Board of County Commissioners approve the Memorandum of Agreement with the District School Board of Collier County for use of school cafeterias in conjunction with the Summer Food Service Program and authorize the chairman t° sig~,~ (~-~/~~-~ //~ ,,~ /~ / Submitted by: t.._ ~_.~_~-~ ~ /./(~.~ Date: 2J/~>//:'_g Amanda O. Townsend, Operations~X~ordinator ~ / P~'.~cs and Rec~ation Department Ma;la O. mse ,-Di t r Parks and Recreation~D. ejfartment No. 2 7. 003 / _ Approved by.' Jq~n Dunnuck, Administrator Division of Public Services Date: MEMORANDUM OF AGREEMENT COLLIER COUNTY PARKS & RECREATION DEPARTMENT SUMMER FOOD SERVICE PROGRAM The Dislxict School Board of Collier County (Schools), whose address is 5775 Osceola Trail, Naples, Florida 34109, agrees to furnish Naples High School, Everglades School, and Village Oaks Elementary School cafeterias to the Collier County Parks and Recreation Department (Sponsor), whose address is 3300 Santa Barbara Blvd., Naples, Florida 34116, for the purpose of preparing and delivering meals for summer park sites and summer school facilities by the Sponsor. This agreement is with the understanding that current School Food Services Managers will be hired by the Sponsor to mn and operate the three facilities being used to produce meals for the summer park sites and school activities. It is understood that the Sponsor agrees to leave the kitchens clean, in good repair and ready for the 2003 - 2004 school year. Each meal will meet the specifications as set forth by the USDA Summer Food Program Regulations, 7CFR Part 225. Use of the cafeterias will begin on June 2, 2003 and continue until August 1, 2003. All food and supplies will be sold to the Sponsor at the Schools' cost plus one percent (1%) per case. The Sponsor agrees to request monthly cash advances from the Department of Education. The Schools shall prepare an invoice for all food and supplies received by the Sponsor at the end of each month. The Sponsor agrees to reimburse the Schools upon verification of the invoice and within thirty (30) days. IN WITNESS WHEREOF: The parties hereto have caused this Agreement to be executed by their duly authorized officers. ATTEST: DWIGHT E.BROCK,CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ' BY: Tom Henning, Chairman Witness f/School Board THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY BY: Witness f/School Board Linda Abbott, Chairwoman Approved as to form and Legal sufficiency: Robert Zacahary [ Assistant County Attomey "Agenda. I rem. I MAY 2 7 2001 Pg.~ EXECUTIVE SUMMARY APPROVE A LIMITED USE LICENSE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE NAPLES JUNIOR CHAMBER OF COMMERCE, INC., APPROVING USE OF SPECIFIED COUNTY-OWNED PROPERTY FOR cONDUCTING A JULY 4TM FIREWORKS FESTIVAL OBJECTIVE: To provide a means for the Collier Cou~ community to recognize and celebrate the nation's independence through a community Fourth of July festival. CONSIDERATIONS: The Naples Junior Chamber of Commerce, Inc. (Jaycees) has partnered with the County to provide a free Fourth of July event for the community for the last five years. Through this agreement, the County will provide a $25,000 contribution that will be used to support the event and will be paid, as is standard practice, through a reimbursement method. The event as proposed this year will again be a family-oriented festival with musical entertainment, food vendors, and fireworks at dusk. The agreement requires that the Jaycees have appropriate levels of law enforcement personnel, Fire Department and Emergency Medical Services presence, and specific insurance coverage for the event as prescribed by the County's Risk Management Office. The agreement has been negotiated through the Parks and Recreation Department and has been reviewed and approved by the County Attorney's Office for legal sufficiency. The rental fee for the use of Sugden Park, based on the Parks and Recreation Outdoor Area License and Fee Policy, is $800 for the one-day event. StatTrecommends the acceptance of in-kind payment in the form of advertising of a value equal to or greater than the rental fee. Specifically, Collier County will be recognized as a co-sponsor of the event in all promotional efforts. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this event. FISCAL IMPACT: The cost of this agreement will be $25,000, funds for which have been included as part of the FY 2003 budget within the Parks and Recreation Department. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Limited Use License Agreement between Collier County and the Naples Junior Chamber of Commerce, Inc. to produce a free Fourth of July Festival at Sugden Regional Prepar®d ~._.~.~ CA~n~fl~dirO-~6~d, Operations~oordinator Parks and Recreation Department / Agenda Item~'"~ HAY 2 7 2003 Pg. / __ Reviewed and Approved by: Reviewed and Approved by: ~Iarla Ramsey, Director/] Department of Parks and31ecreation Date: ~//~/~-~ // J nnuck, Public Services, Administrator Dix~ision of Public Ser¥;ces N°'--/~ ~ MAY ~_~003 t LIMITED USE LICENSE AGREEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, AND THE NAPLES JUNIOR CHAMBER OF COMMERCE, INC., A NOT-FOR-PROFIT FLORIDA CORPORATION, APPROVING USE OF SPECIFIED COUNTY- OWNED PROPERTY FOR CONDUCTING A JULY 4T~ FIREWORKS FESTIVAL. 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, Flodda 34112, hereinafter referred to as "Board", and Naples Junior Chamber of Commerce, Inc. (Naples Jaycees) not-for-profit Florida corporation, whose mailing address is 400 Valley Stream Drive Suite 110, Naples, Flodda 34113, hereinafter referred to as 'Organization'. WHEREAS, the Organization requests the use of County-owned land for the purpose of holding activities for conducting a Naples Jaycees July 4~ Festival and Fireworks Display to be held on July 4, 2003. WHEREAS, the Board is willing to approve the use of County-owned land for such purposes as are specified herein: NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 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 July 4th Festival, hereinafter referred to as the "Event". The Board hereby grants the Organization the 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 July 3rd through July 5~h. The Park will remain open to the public during these times. The day of the event only pedestrian public traffic will be allowed to enter the park. The organization shall be responsible for all on and off-site Event operations and revenue as well as the administration 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. 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 dean-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. The Organization shall acquire all permits required by Collier County and any other governmental entity to conduct such an event and related activities on the Property. The Organization shall ensure clean up of the Property by dose of business on July 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 all present and future laws, ordinances, rules, regulations, Agend~ · HAY 2 7 2003 Pg.: 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 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. Organization agrees that the Event will be managed in such a way as to comply with all other Collier County ordinances, codes and Parks and Recreation Department policies. In particular, the event noise, except the fireworks themselves, 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. 7. Organization agrees to: Provide on or before March 30th 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.) will be included within the special events permit application package. Meet on the Property on or before June 4, 2003 with representatives from the Collier County Parks and Recreation Department, the East Naples Fire Control District, 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; 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 and required off-site fire protection from the East Naples Fire District and/or other authorized County Fire Districts, 5. Written confirmation for on-site Emergency Medical Services from the Collier County EMS Department, and 6. A copy of the organization's "Chairman's Planning Guide". Organization agrees to manage the Event as outlined within the Chairman's Planning Guide prepared by Organization. Such plans shall be made a part of this Agreement. Revisions to the Chairman's planning Guide after the meeting of June 4, 2003 referenced in paragraph seven (7-B) will require the review and approval of the Public Services Administrator. Should inclement weather require cancellation of the event on July 4th, 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, July 5, 2003. All subsequent dates of this agreement will be adjusted accordingly. The Organization agrees that all persons involved with the handling of fireworks will be qualified personnel and all persons involved with the igniting of fireworks will be licensed pyrotechnicians. In addition the Organization agrees that a professionally produced fireworks show with a minimum value of $25,000 will be provided. 10. Organization shall indemnify, defend and hold harmless Board, its agents and employees from and against any and all liability (statutory or othem/ise), 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 Agende,.Z~t. em,,.. NO._ /4~/~ . HAY ?.003 11. 12. 13. 14. 15. 16. 17. 18. 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 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 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. 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. (a) Organization shall provide and maintain special event general liability and property liability insurance policy(les), approved by the Collier County Risk Management Department for not less than One Million Dollars and No/Cents ($1,000,000) combined single limits dudng 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, Flodda, 34112, for approval prior to the commencement of this Agreement; and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(les) coverage. Board reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to Organization. Upon receipt of such notice, Organization shall have ten (10) days in which to obtain such additional insurance. This Limited Use License Agreement shall be administered on behalf of the Board by and through the Collier County Parks and Recreation Department. It is the responsibility of the Organization to properly notify the general public of closed roads and designated parking areas. In particular notification shall be provided to all homes located on Outer Drive, Lombardy Lane, Dale Avenue, Pineland Avenue, Cindy Avenue, Mohawk Place, Mindi Avenue, Rose Avenue, and Poplar Way. The Organization shall ensure that the park and all park facilities remain open and accessible to the public. This Agreement is not assignable. Any attempt to assign shall be void ab initio. The Rental Rate for the festival is $ 800. The Board of County Commissioners will accept in-kind payment for the rental rate in the form of advertising of a value equal to or greater than the rental rate. Specifically, 'Collier County' or the Collier County logo is to appear on all printed promotional materials related to the event, and Collier County is in all instances to be recognized as a co-sponsor of the event. 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. NO ,_ HAY 2 7 2003 19. 20. 21. 22. The Organization represents and warrants to the Board that no hazardous materials will be discharged to the air, grounds, sewer, or to any septic system on the Property except fireworks are planned to be discharged in the air and on the ground according to plan. The Organization shall be responsible for paying all taxes and charges associated with or resulting from the holding of this Event. Pursuant to this Agreement, the Board shall provide twenty-five thousand dollars ($25,000) for the Festival. The funding is to be used for permit fees, park fees, entertainment fees, sheriff's department fees, carnival fees and/or fireworks fees. Funds will be paid on a reimbursement basis upon the submission of copies of paid invoices. All invoices will be signed by the President or Treasurer of the Naples Junior Chamber of Commerce attesting that the goods are services indicated by the invoice were received. 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: NAPLES JUNIOR CHAMBER OF COMMERCE, INC. Witness (signature)~ VV~,~ignature) (p~nt name) ' AS TO THE COUNTY: ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Approved as to form and~~:j ~ Robert Zachary/ Assistant County Attorney Tom Henning, Chairman .o. I'IAY 2 7 2003 4 EXECUTIVE SUMMARY REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS TO BOARD-APPROVED CONTRACTS OBJECTIVE: To enable the Board to oversee the execution of administrative change orders and promote accountability in the use of staff authority. CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement a plan to enable changes to BCC-approved contracts of 10 percent or less to continue to be authorized by staff. The plan calls for staff to submit a monthly report listing these change orders from the previous reporting period. Enclosed is the initial submission of the Administrative Change Order Report. The initial report covers the period beginning on or about April 22nd through May 15, 2003. FISCAL IMPACT: There is no fiscal impact resulting from this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners Administrative Change Order Report and ratify the listed change orders. ~£ind'~ [. J ack.S/o,~:- G'do rl~ re ct s ..A~.~'t Stepner~ . a , Purchasing/General Se~ices Director REVIEWED BY: accept the enclosed DATE:~,.~' DATE:_~~O Interim Administrative Services Administrator AGENDA ITEM No. I I MAY 2 7 2003 Pg._ / AGENDA ITEM No. /~ ~'- \ MAT ~ 7 2003 EXECUTIVE SUMMARY APPROVAL OF A LEASE AGREEMENT WITH THE ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY FOR USE OF COUNTY-OWNED OFFICE SPACE IN IMMOKALEE FOR AN ANNUAL REVENUE OF $1,000. OBJECTIVE: Approve a Lease Agreement with the Economic Development Council of Collier County for office space at a County-owned building in Immokalee. CONSIDERATIONS: The Economic Development Council of Collier County (EDC) is requesting to lease 81 square feet of office space within the County-owned building located at 210 Alachua Street, Immokalee. This office will be used as a satellite to EDC's existing office on Horseshoe Drive in order to conduct regular operations in the Immokalee area. The agreed upon Lease is for three years commencing on June 1, 2003, and ending on May 31, 2006, with a provision for one three-year renewal period. The first year's rent is $1,000 and will increase annually thereafter, including the renewal period, by three percent over the preceding year's rental amount. Either party may terminate the Lease for any reason by providing the other party at least 30 days notice of its intention to do so. The EDC will pay for long distance telephone charges. The County will provide and pay for all other utility charges and janitorial service, To comply with Florida Statute 125.38, the Board must declare that the office space is not needed for County purposes and is, therefore, available for EDC use. A Resolution for this purpose is also attached. FISCAL IMPACT: The annual $1,000 rental will be paid in equal monthly installments of $83.33 and 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 the Economic Development Council of Collier County and authorize Chairman Tom Henning to execute the Resolution and Lease Agreement with the Economic Development Council of Collier County at a later date, pending final review by the County Attorney's Office. PREPARED BY: ,~~ 7~ o ~_~c,,~ DATE: Michael H. Oowling, Prope~..~ana~ent Specialist Real Estate Services REVIEWED BY: ' (' -- ATE: Charles E. Carrington, Jr., SIVA, Manager Real Estate Services EXECUTIVE SUMMARY Economic Development Council Page 2 REVIEWED BY: DATE: APPROVED BY: ~ .,/Sk~ p, Interim Administrator Administrative Services Division DATE: Lease # LEASE AGREEMENT THIS LEASE AGREEMENT entered into this ~ day of 2003, between Economic ~evelopment Council of Collier County ("EDC") whose mailing address is 3050 North Horseshoe Drive #120, Naples, Florida 34104, 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". WlTNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR approximately eighty-one square feet of office space located at 310 Alachua Street, Immokalee, Florida, as shown on Exhibit "A' which is attached hereto and made a part of this Lease, hereinafter called the "Demised Premises", situated in Collier County, Florida. ARTICLE 2. Term of Leas_ ____e LESSEE shall have and hold the Demised Premise for a term of three (3) years, commencing on June 1, 2003 and ending May 31, 2006. LESSEE is granted the option, provided it is not then in default of any of the provisions of this Lease. to renew same for one (1) additional term of three (3) yeats, under the same terms and conditions, as provided herein, except as to the rental amount, as provided herein, by delivering written notice of LESSEE'S unconditional intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice shall be effective upon actual receipt by the County. LESSOR and LESSEE reserve the right to terminate this Lease, with or without cause, upon thirty (30) days prior written notice of such termination to the other party at the address set forth in ARTICLE 13 of this Lease. Said notice shall be effective upon actual receipt by the parties. In addition, 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 that is contrary to law or rules or regulations of any public ,~uthority having jurisdiction over the Leased Premises. ~RTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of One Thousand Dollars ($1,000.00) per annum in equal monthly installments of Eighty-three Dollars and Thirty-four Cents ($83.34) each. all in advance on the first day of every calendar month during the term hereof. If the terms of this Lease commence or end on a day other than the first day of the month. LESSEE shall pay base rent equal to one thirtieth (I/30th) of the monthly base rent multiplied by the number of rental days of such fractional month. LESSEE will also be responsible for the payment of additional rent as provided for in ARTICLE 4 of this Lease. ' Following the first full year of tenancy, the annual rental amount shall increase by three (3) percent for each ensuing year thereafter and any renewal terms thereof. ARTICLE 4. Other Expenses and Charges LESSOR shall pay all costs for electricity, air conditioning, water and sewer services used and janitorial services, rendered or supplied to the Demised Premises. LESSOR shall furnish a desk, chairs and phone for LESSEE'S use at the Demised Premises. The LESSEE shall be responsible for costs associated with any and 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. ARTICLE 5. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE must provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to thc Demised Premises for LESSOR'S written approval, specifying in writing and in meaningful detail,.the nature and extent of the ~._desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for ch project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said .quest 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 connections with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modiftcations, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinance, rules, regulations, and requirements of the United Sates of America, State of Florida, County of Collier, and any and all other 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 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 may complete said removals and repairs at LESSEES expemw- ARTICLE 6. Access to Demised Premises LESSOR. its duly authorized agents, representatives and employees, shall have the right after reasonable oral 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 janitorial service therein, and for the purposes of inspection for compliance with provisions of this Lease Agreement. ARTICLE 7. Assignment and Subletting LESSEE shall not assign this Lease or attempt to sublet the whole or any part of the Demised Premises, or ~o permit any other person(s) to occupy same without the expressed prior written consent of LESSOR. Any such assignment or subletting, even with the consen! of LESSOR, shall no~ relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and he bound by the terms, conditions and covenanls of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease, or to be a consent to the assignment of this Lease or subletting of the Demised Premises. Any such attempt shall be null and void. ARTICLE 8. Indemnity In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, LESSEE shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherw'ise), damages, claims, suits, demands, judgments, costs, interest and expenses (including but no limited to attorneys' fees and disbursements both at trial and all 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) LESSEE'S use of the Demised Premises, (B) any work or thing 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 Premises. (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease or otherwise, or (D) any act, omission 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 resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. 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 Ihe 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. LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the 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(les), approved in writing by the Collier County Risk Management Department, for not less than Three Hundred Thousand Dollars and No/Cents ($300,000.00) combined single limits during the term of this Agreement. Such insurance policy(les) shall list and continuously maintain Collier County as an additional insured thereon. 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 Cents ($100,00.00) per accident. 2 7 2003 Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail. Administration Building. Naples, Florida, 33962, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring not less than ten (10) days prior written notice to Collier ~C~?unty cio County Risk Management Department in the event of cancellation or changes in policy(les) coverage. LESSOR reserves the right to reasonably amend their insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice LESSEE shall have thirty (30) days in which to obtain such additional insurance. ARTICLE 10. _Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times, if said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within twenty (20) days of the receipt of such notice, LESSOR may cause the same to be cleaned and corrected and LESSEE shall assume and pay all such necessary cleaning costs, and such co, ts shall constitute ADDITIONAL Ri:'NT which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR. LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its employees, agents, independent contractors, guests, invitees, licensees, or patrons. ARTICLE ! 1. Defau~ Failure of LESSEE to remedy any non-compliance of this Lease within ninety (90) days from receipt of LESSOR'S written notice stating the non-compliance shall constitute a default, whereby LESSOR may, at its option, terminate this Lease by giving LESSEE= thirty (30) days written notice unless the default is fully cured within that thirty (30) 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 LESSEE, and this Lease may be immediately terminated by LESSOR except to the extent then prohibited by law: (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation. (b) Falsification of LESSEE or an agent of LESSEE of any report required to he furnished to LESSOR pursuant to the terms of this Lease. (c) Filing of insolvency, reorganization, plan or arrangement of bankruptcy. (d) Adjudication as bankrupt. (e) Making of a general assignment of the benefit of creditors. (f) If LESSEE suffers this Lease to be taken under any writ of execution. In the event of the occurrence of any of the foregoing defaults in this ARTICLE 11, LESSOR, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all persons and propel-fy from the Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, 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 whi/:h may be occasioned thereby. LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty (30) days notice in writing if a lien is filed against the leasehold interest of the LESSEE and is not removed within thirty (3) days pursuant to the Florida Mechanics Lien Law or otherwise. If LESSEE fails to pay, when due. any installment of rent or any other sum payable to LESSOR under this Lease, and if said sum remains unpaid for more than five (5) days past the due date, the 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 accrue compounded interest of two (2%) percent per month or the highest interest rate then allowed by Florida law, whichever is higher, which interest shall be paid by LESSEE to LESSOR. ARTICLE 12. ~SSOR 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 written notice to LESSOR by LESSEE properly and in meaningful ?_etails specifying wherein LESSOR has failed to perform any such obligation(s). AGENDA ITEM NO. -- ~ MAY ,5"" ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSOR: Board of County Commissioners c/o Real Estate Services Department 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSEE: Economic Development Council of Collier County 3050 North Horseshoe Drive # 120 Naples, Florida 34104 cc: Office of the County Attorney Facilities Management Department ARTICLE 14. Surrender of Premises LESSEE shall remove any improvements completed by LESSEE prior to the expiration of this Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises and any improvements not removed upon expiration of this Lease, or its earlier termination, 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 15. General Prov sions. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any and all use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S operations where any such operations share common facilities or otherwise. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all taxes imposed on the leasehold interest or otherwise related to the rental of the Demised Premises to the extent 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 and all appeals) 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 harm to the environment caused b LESSEE. 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, 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 18. _General Provisions. LESSOR fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSOR and shall involve no cost or expense to LESSEE. ARTICLE 19. Extent of Liens All persons to whom these presents may come are put upon notice that no interest of the LESSOR in the Demised Premises shall be subject to liens for improvements made by the LESSEE, also 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. AGENDA ITEM No .~ ARTICLE 20. Effective Dat~ This Lease shall become effective upon execution by both LESSOR and LESSEE. ,TICLE 21. ~ This Lease shall be governed by, and construed in accordance with, the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth Iheir hands and seals. AS TO THE LESSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk . Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, Chairman AS TO LESSEE: DATED: WITNESS (signature) (print name) ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY BY: TAMMIE NEMECEK. Executive Director WITNESS (signature) (print name) Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney No :/L~ --(-,~ 2 7 z0o I EXHIBIT "A" 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 31 32 33 34 35 36 37 38 39 40 41 42 43 44 46 47 RESOLUTION No. 2003 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND THE ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY FOR USE OF OFFICE SPACE WITHIN A COUNTY-OWNED BUILDING. WHEREAS, The Economic Development Council ("EDC") desires to lease an office space within a building owned by Collier County, a political subdivision of the State of Florida ("Collier County"), located at 310 Alachua Street, lmmokalee, Florida. WHEREAS, the Lease Agreement provides for an initial three (3) year term with one (l) renewal term of three (3) years, with an amaual rent of $1,000.00 for the first year, with annual three percent increases thereafter. WHEREAS, the Board of County Commissioners is satisfied that this property may be used for the Economic Development Council and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners does approve the attached Lease Agreement between Collier County and Economic Development County of Collier County. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this ~ after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk day of , 2003 Approved as to form and legal sufficiency: 50 Thomas C. ~al~r 51 Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, Chairman - AGIr NOA ITEM HAY 27 200t I EXECUTIVE SUMMARY AWARD RFP 03-3444, JANITORIAL SERVICES CONTRACT IN THE ESTIMATED ANNUAL AMOUNT OF $1,251,800 AND APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $222,800 TO THE OPERATING BUDGET TO COVER INCREASE COSTS ASSOCIATED WITH THE NEW CONTRACT. OBJECTIVE: To obtain janitorial services in a cost-effective manner without interruptions to service. CONSIDERATIONS: The Department of Facilities Management provides janitorial services, through an outside vendor to approximately 76 County owned and leased buildings totaling 854,593 square feet. The janitorial contractor is responsible for furnishing all necessary labor, tools, equipment, supplies, maintenance and any other necessary accessories and services to perform the janitorial services specified in the contract. These services include daily dusting, vacuuming, window cleaning, carpet cleaning, trash and recyclable material removal from offices. In addition, our janitorial service company plays an important role in insuring that office spaces are free of dust and debris that may affect indoor air quality. Selection of a janitorial contractor is a very critical part of maintaining a safe and clean workplace environment. It is important to obtain these services in an affordable and cost-effective manner. The Purchasing Department issued an RFP soliciting proposals for janitorial services in October 2002. Notices were distributed to 51 firms. On November 14, 2002, proposals were received from six firms. A staff selection committee was convened to review the proposals. Subsequent to the completion of that committee's review, the Purchasing Director determined that the initial committee had not fully complied with the requisite steps in the evaluation process and impaneled a new selection committee. That group conducted a separate independent review and by consensus, rated the top proposers as follows: 1. One Source Facilities Services Inc. 2. Laro Service Systems, Inc. 3. Grosvenor Building Services, Inc. Staff has negotiated an agreement with the top-ranked firm and is recommending award and approval of the new contract. In order to maintain continuity in service, the present agreement (which expired on March 18, 2003) needs to be extended through the date of the new contract award. Award of the new contract will require an increase of $222,800 to the operating budget to cover the costs in FY 2003. Subsequent to the submission of the award recommendation, the Purchasing Director received a formal protest from one of the competing contractors. A copy of the protest and the Purchasing Director's decision are enclosed. FISCAL IMPACT: Total additional janitorial costs are $222,800. Funds are available in General Fund Reserves (001-919010) and will be transferred to Janitorial Cost Center (001- 122220). ' ..... ,i 2003 Executive Summary RFP #03-3444 (cont.) Janitorial Services Page 2 GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board award RFP 03-3444 to One Source Facility Services Inc., in the amount of $1,251,800 approve a Budget Amendment in the amount of $222,800 and authorize the Chairman to sign the newly-awarded agreement. Da'niei R. Rodriguez, Interim Dir~'efor Department of Facilities Management ~ DATE:~,~9 REVIEWED BY: Stephen Y. Carn~ll, Purchasing/(~eneral Services Director APPROVED BY: ~kip c~:~mmp,~nterim A'dm~[fis~'ative Services Administrator ASENDA ITE% Z. 04,/28/03 08:19 ~4072914511 GROSVE:NOR BLDG GROSVENOR BUILDING SERVICES, INC. 0021011 April 25, 2003 Collier County Purchasing Department gttn.: Steve Camell- Purchasing/General Services Director Purchasing Building/"G" 3301 E. Tamiami Trail Naples, FL 341:12 Via Fax; (239) 732-0844 8~ Federal Express/Airbill No. 839043876089 Subject: 3anitorial Services RFP Number: 03-3444 Protea't Mr. Carnell: Pursuant to Collier County's Bid Protest Regulations - Section XVIII, Grosvenor Building Services, Inc. CGBS) respectfully submits this formal protest challenging the award to One-Source. As required by this Section, our protest contains the information 'required by subsection D. Name, Addre-~ and TelelThone/Facsimile Numbers o£ ~he Pro~_~er: Name: Address: Telephone: Facsimile: E-maih Grosvenor Building Services, Inc. (GELS) 3398 Parkway Center Court Odando, FL 32808 (407) 292-3383 (Voice) (407) 291-4511 (Fax) ,qrosvenor~,bellsouth.net (2) S(qned by the Protester: Undersigned by Rite McCauley as President. (3) Name and Address of the County A_qency A~ect_ed and the Bid Number & T~te' Collier County Purchasing Department Attn.: Steve Camell- Purchasing/General Services Director Purchasing Building/'G" 330! E. Tamiami Trail Naples, FL 34:t:12 RFP Number: n~.=~ Janitorial Services AGENDA ITEM No. /~ 3 2 7 2003 Corporate Headquarters;: 3398 Parkwe¥ Center Court. Orlanoo, Florlcla S2808. Fa~ [&07) 291-4511 , (407) 292.3383 Tampa: 500a West Linebaugh Avenue, Suite E · Tampa, Florida 3362~. F~ (~13) 969-153E - {813} ~6g-135g 04/28/03 08:20 ~'4072914511 GROST'EN'OR BLDG ~00~/011 ,4) Detailed $~atement of the Leqal and Factua/ Ground~ of Protest Indudinq Copie~ of Relevant Documents: Statement of the Legal and Factual Grounds for Protest The Purchasing Department did not comply with statute, policy, rule, regulation or constitutional provision when they improperly evaluated and ranked/rated proposers. Specifically, GB$ asserts the second evaluation committee did not evaluate and score proposals propedy & in accordance with the evaluation factors/grading criteria for award. Spedfically, There is absolutely no documented reason, basis, rationale or justification for the Purchasing Department's determination that the first evaluation process was "not conducted in a manner consistent with the requirements of the published RFP" and consequently '~,Jnrowing out" the first evaluation results and conducting a second evaluatlon~ e.g., appointment of new evaluation committee members & complete reevaluation of proposals Them was a replacement/"stand-in" committee member who attended only the selection meeting for the second evaluation & who. had not been involved in the evaluation at any time pdor to that, e.g., attendance at organizational meeting It was asserted by one committee member that One-Source had been allowed to submit addiUonal reference/clarifying information after the proposal closing date, whereas no other proposers were allowed the opportunity to do the same. Cleady, this additional information should not haven been evaluated based on it being untimely. AddYdonally, this is cleady and patently unfair & prejudidal. What is also un fair & prejudicial is the fact that the selection meeting and consensus occurred without this individual in attendance It is dear from the evaluation sheets/scoring forms that there was not enough training, direction F~ guidance given during the organizational meeting. An example of this is the fourth (~,.) Grading Criteria - Cost Proposal. As indicated by the sheet~/forms, there is absolutely no rhyme or reason as to why committee members gave respective companies the point~ they did. For, in some instances, committee members gave more points for a higher price than they did a lower one?! For emphasis, this same thing happened with/to the other three (3) grading criteria As a point of emphasis, GB$ thought it important to highlight the fact that when compared to GB$, One-Source, has no contacts of 'similar scope, size & complexity" to Collier County. Additionally, GBS' proven exemplary performance record on contracts of similar scope, size & complexity is indicated by Attachment A. Finally, on the one contract One- Source did list as relevant/related - Collier County, the record indicates Dy the representatives of the Fadlities Management Deparmnent own admission that One-Source "has had theJr ups & downs". These comments should not be justified, excused or explained away by One-Source taking over the contract from its predecessor Golden Mark at what most would agree was an extremely Iow price The entire record reflects that the Committee members who were representatives of the Fadlities Management Department were involved in an improper attempt to exert undue 'influence/affect the non-Facilities Management Department Committee member's scoring decisions & their individual rankings thereby negating or at the very least bringing into question the Committee's objectivity and true consensus. This same record reflects an unacceptable, favorable bias towards One-Source by Fadlities Management Department Committee members - see bullet above "ups & downs". This bias should be held to be beyond normal, acceptable levels of subjectivity that are inherent in these evalual~-~-~A~ a result of a contractor's incumbency. 2 i ? ~'~' ?- 7 2{3B3 .04'/28/03 08:20 94072514511 GAOS~]~0R B~G ~004/01! In sum and in accordance with the above, it is apparent that evaluation procedures & criteria contained in the RFP, applicable purchasing Department Policy and other applicable authorities were simply not followed. GBS has also provided a copy of the previous contract's grading criteria (Attachment B) & accompanying Protest Letter (Attachment C) submiEed by Golden Mark (now One-Source). The rnatedality/relevance of this previous protest to our protest is that it involves the same mis, real & non-application of grading criteria along with evidendng a virtually identical pattern of impropriety. It d~serves mention that in the interest of fairness, justice & equity that the precedent established in this previous protest should be upheld/sustained here. GBS asserts that there are no other materially disputed facts. Copies of Relevant Documents See previously referenced Attachments (A - C). Further support/documentaUon for GB$' protest can be found in the Purchasing Department's own evaluation files/records. ['_~) Information Establishina that the Protester is an Interested Party for the Purpose of ~ling_~ Protest: GBS is an Interested PaCe/ under for purposes of this Protest because we were a proposer whose direct economic interest will be affected by the faiiUre of the Purchasing Director to uphold/sustain ~his protest in whole. {6) Informab'on E~tablishinq the 77meline.~ of the Protest: Under Section XV~]~]~, subsection D of the County's Bid Protest Regulations, GB$ asserfm that this protest is timely because it has been filed within five (5) calendar days from the date that our Notice of Intent to Protest was received by the Purchasing Director. ('?) Request for a Rulinq/Decision by the Purchasinq Director of Co/l/er County: In accordance with subsection F of Section XVt, GBS respectfully request~ a ruling by the Purchasing Director of Collier County. Form of Roller Reouested: GB$ respect~lly requests the following relief from Collier County: n Award be withheld until this protest is resolved (see subsection F of Section Icg GROSY'ENOR BLDG ~ 005/0:1.1 .04/28/03 08:20 '~4072914511 For clarification & emphasis, GBS DOES NOT seek another reevaluation. Instead and for the reasons stated above, GBS believes that nullification or setting-aside of ~he recent award and resolicitation & reevaluation of these services is in the Best Interests of the County. For, GBS also firmly believes that this procurement is so fatally flawed that no other corrective action short of that stated, would properly correct the current situation. On behalf of GBS, I thank you in advance for your anticipated time & attention to this matter. ! look forward to hearing from you favorably soon. Kindly~ . .~ p,~ McCauley Attachments: As descMbed above CC: File 4 .04'/28/03 08: 21 'g~4072914511 GR0SYENOR BLDG SARASOTA COUNTY -DecY[ca/cd to .O,~,diU' Sc vu'ic¢" ~005/011 November 6, 2002 ?urchasing Department Colliex County Government 3301 East Tamiami Trail Naples, Florida 34112 Subject: Request~For proposal #03-344.4 To Whom It May Concern: Grosvenor Building Services, Inc. has been providing custodial scm'ices to approximately 40 key ~nd high profile facilities for approximately eight (8) months. Gmsvenor started under difficult circumstances, quickly came up to speed and has maintained a near perfect service record. The few omissions that have occurred have been quickly respond~l to and have not recurred. The company m~ts or exceeds all requirements of chemicals and equipmem as specified in a lengthy and detailed contract. They have observed all security protocols and have been flexible and adaptable to changes. Invoicing has been consistent, timely and accurate, using four (4) separate Purchase Orders simuhane6usly. Management is attentive and responsive. Overall the impression is that the company is conscientious, professional and genuinely interested in meeting thc needs of its customem. I am pleased to recommend Grosvenor Building Services, Inc. for your consideration. Please do not hesitate to contact me ill can bc df any further assistance. Respectfully, Operations Supervisor II Telephone: 941-861-1456 cc: File AGFHDA ITEM,-.~ 8A¥ 2 7 04¥28/03 08:21 '~4072914511 ~'Bid No. 00-3 ! 09 '-janitorial Sero'ices" GROSVENOR BLDG Page 4 ~007/011 PROPOSAL SUBMIT'I'A.L: In responding to this proposal, each proposer shall include within a 20-page limit (total for the entire submission). 1. Proposer's Credentials: Proposers shall' provide, in detail, their credentials in providing janitorial services and any information which documents successful and reliable experience in past performance, especially those performances related to the requirements of this Request for Proposal. Include a description for the proposer's business history and number of years in,operation. Proposer shall have a minimum of three (3) years experience performing custodal services comparable to those specified under these specifications. 2. Staff Credentials: The proposer shall include the name, title, address, and telephone number of persons who will both manage and be assigned to perform services under the proposal. 3. References: A list of three (3) applicable customer references is to be provided who have contracted for similar services offered by the proposer which are considered identical or simila~ to the requirements of this Request for Proposal. Failure to do so may be Cause for rejection of the proposal. The list shall include. 1. Company name and address; 2. Contracting officer and telephone number;, 3. E-Mail Address; 4. Square footage of the facilities; 5. Scope of the tasks performed. 4. Cost Proposal Supplemental Information_ 1. Statement of litigation that firm or staff is currently involved in, or has been involved in over the past five (5) years, stating points of contention and results if available. 2. Quality Control Program, as specified in Exhibit 'A", Item 17c. This shall be kept updated throughout the term of the contract. Ail changes/updates shall be reported to the Contract Officer within seventy-two (72) hours. 3. Proposer Qualification Form. 4. insurance Requirements Certification. 5. Proposer's Checklist. 6. Proposer Declaration Statement. Evaluation Criteria Collier County procedure for selecting is as follows: 1. The County Manager shall appoint a Selection Committee to review all pm submitted. posals--~- .' .~,G~.Nu^ ITL... ~:o. /&~ ~ HAY '2 ? 2003 Pg.__~P .04728/O3 08: 2]. "~40729145:L! Bid No. 00-~ ! 0~ "'.~a~orlal Se, rvic:es" GAOSFEI~OR BLDG Page ~ OOB/Oll 2. Request for Proposals. Subsequent to the closing of proposals, the Purchasing Agent and Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. Should both the Purchasing Agent and Project Manager be appointed to the committee as voting members, such meetings shall be open to the public and the Purchasing Agent shall publicly post prior notice of such meeting in the lobby of the General Services Building at least one (1) day in advance of all such meetings. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria listed below. Prior to the first meeting of the selection committee, the Purchasing Agent will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the General Services Building not less than three (3) working days prior to the meeting. The Purchasing Agent shall also post prior notice of all subsequent committee meetings and shall endeavor tb'l~ost' such notices at least one (1) day in advance of all subsequent meetings. 6. The committee will compile individual rankings for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations from the top-ranked firm(s). The final recommendation Will be decided based on review of scores and consensus of committee. Subsequent to award, a contract shall be negotiated with one or more of the top- ranked firms. Collier County has developed standard contracts that have been approved by County Attorney and the Board of County Commissioners (BCC) for ali projects. All respondents to this RFP will be required, if selected to perform the work, to execute the standard contract within forty-five (45) days of Notice of Selection for Award. This document is available for inspection at the Purchasing Office and a review is encouraged prior to submitting a proposal· Upon the successful completion of negotiations, contracts will be presented to the Board of County Commissioners for approval. r,AGErqDA ITEM '~o. /~ ~ ~ HAY 2 ? ZO0~ .04/28/03 08,:21 940?2914511 Bid No. 00-3109 ".T~itorJa] GROSVENOR BLDG l:~gc 6 ~ 009/011 All Proposals will be evaluated and scored on the following criteria GRADING CRITERIA 1, Expertise of Firm 2. Expertise of Staff 3, Previous performance on similar jobs as evidenced by references provided by proposer 4, Cost Proposal 35 25 20 20 Total Possible Points 100 PROPOSAL SUBMISSION: Six (6) sets of the proposal must be provided, With the oriqinal clearly marked; submitted in. a sealed envelope with the-RFP Number, Title and Due Date clearly stated on the envelope. Ail proposals, including qualifications and other data pertinent to making an objective evaluation of your firm's cap:,biiities must be forwarded to the Purchasing Department, Collier County Government Center, 3301 East Tamiami Trail, .General Services Building, Naples, Florida 34112 on or before 3:00 p.m. Collier County Time on August 25, 2000. Any proposals received after the time and date specified will not be considered. The County assumes no responsibility for proposals received after the due date and time, or at any office or location other than that specified herein, whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late proposals shall be returned unopened, and shall not be considered for award. ADDITIONAL INFORMATION: If you have any immediate questions regarding the intended Scope of Services, you may contact Mr. Ron Holder, Contracts Manager, Facilities Management Department, at 941Fr74-8380. Procedural queries may be directed to me at 774-8425 or e-mail Written questions must be received no later than ten (10) Collier County work days prior to Proposal acceptance date. Should any questions or responses require revisions to the Request for Proposal as originally published, such revisions will be by.formal amendment only, h!o. /~ M~,~ ~_ 7 ~003 ~g. /,~ 08:22 "~'4072914511 GROSVENOR BLDG '$OLI)EN ARK Oclober 35.2000 ~ 010/011 Recewe~ Purchasing OCT 2 G 2000 Ms. Owen Butler, CPPB Imm-im Purcl:msing Director Collier Coumy Government 3301 Tanziluni Trail Ea~ Naples, FL 3411:2 RE: Formal Protest-RFP 00-3109/,[anitorial Sen:ices D,'ar Ms. Bmlm-: SLM. PLY STATED, GOLDEN M_~RK FLORIDA COP, P., SUBMITTED ~ LOWEST .MN'D BEST BID PROPOSAL Eh'RE TFrE .4]~O%"E-~TIOA'ED RFP. I Fr~¥'E BEEN IN TH~ I~'DUSTRY .~D RELATED FrELDS SI~CE 1960 AND I EL4A:'E N-EVER E_~HRIENCED A k~r~c.4~,.RL~.GE OF COM[PET1TI%'E BIDDING SII~q'A.R TO/W[~ E.'~q~RCISE. It is my understanding that on October t 9, 2000, flue purchasing department posted a notice ofiment m award the ja~torial service contract to the incumbent, USSI in the amount of $95g,760.52. This is !t;286,37134 more than Golden Mark's price submissio= Over the potential course of this contract the variance Iotals $ l, 145,485.36. In _addition, passing o~,=r our qualified bid, you are also passing over Crrosvenor Buflrling Servi~ and Triangle Smwices, which are also ex'trm~ly q,,.llfied. In your evaluation MaNx, shoam artaeh~ as Exhibit l, Golden Mark received the highest number ofpoinls - 27. Exhibit 2 - Selection Committ,e member rates, "USSI price needs n~goti~zezl doan," what kind ofcorapetitive bidding is th[~? The am of negotiating dovm~a-ard with an incumbent or an}' other bidder is oerI~inly noI part ora fair bidding procedure. I am not even sure k's legal. In 90% of the instances, :h~ on-site supervisor ~ta)~ v, Suh the new vendor. The fact that they are on-site doesn't offset $1,145:485.36. :-, // ', .04'/28/0~ 08:22 '~4072914511 ffROSVf~qOR BLDG 011/011 Three of four selection committ~ members scle. cted Golden Mark as their first choice and the ~ourth member placed Golden Mark second in the ranking. USSI's current price reflected i~ yom' 1996 Md tabulation sho~ at-u~h~ as Exl~'bk 7 is $522,564,00. Theft-proposed increase is $436,196.52 or 45%. ] lmnw there are some new fazilRies in this ~ RFP. but they would nn~ impa~t the price incre, sse as reflected above. I know they grossly undea' bid r~ cra-rent Comxa~t now in effect and arc hoping to "get well" with ~ new price ~Iy submkted by them For your/nfo~ation, USSI's Florida opzration is for sale. I would strongly recomn~'nd that CoIlicx County m-Think ~eir n~gce of in, eat to award and give the contract to Golden Mark Florida Corp. based on the following points: 1) Golden Mark received the highest ranking as reflected in the attached Exhibits. z) Golden Mark's financial capability. The Golden family previously owned Snapple and sold it to Quaker Oats for $1.7 billion dollars. 3) Management structure - above average.. Staffing for Collier County - more than adequate- 5) Extensive municipal experience- 6) Regional office is only ninety minutes away. In all probability, your current project manager would be retained, however, we have a very capable back up with a wealth of experience in ~he industry. Viz¢ President/Genexal Manager AGEt.!DA ITEM No. /c~ ~ MAY 2 7 2.003 COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAH. PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 774-8407 FAX (239) 732-0844 May 16, 2003 Ms. Rita McCauley Grosvenor Building Services, Inc. (GBS) 3398 Parkway Center Court Orlando, FL 32808 Re: Protest Decision, RFP 03-3444, Janitorial Services for Collier County Dear Ms. McCauley: I am in receipt of your firm's protest of the recommended award of the referenced contract. Each issue raised in your protest has been reviewed including the claims asserted, any evidence provided to support each claim and the actual evaluation record. Additionally I spoke with Mr. John Clontz and Mr. Tim Healy seeking further clarification of certain issues raised in the protest. PROTEST ISSUES AND FINDINGS: The following is a summary of each issued raised in your protest and the findings of this office regarding each: There is no documented rationale for the Purchasing Department's original determination that the Czrst evaluation process was not conducted in a manner consistent with the requirements of the published RFP. FINDINGS: The basis for appointing a new selection committee is derived directly from the requirements of the selection process and set forth in the published RFP (page 5 in general and paragraph 6 in particular) and the County's Selection Committee procedures. Section 5.e of the referenced procedures exphcitly addresses how committee deliberations are to be conducted: e. Selection Meeting During the follow up meeting, the committee will discuss the proposals, compile the individual rankings and finalize the committee recommendation. Individual rankings (rather than raw scores) will be added together to achie~Ye the committee ranking compilation. Each committee member shall assign scores to each of the evaluation criteria for each firm, total the scores of all o~ p~. /~_~__ Ms. Rita McCauley Grosvenor Building Services, Inc. (GBS) Page 2 of 6 the evaluation criteria for each firm, and rank each of the firms based on those total scores. The committee will add the rankings, tabulate an overall compilation of the rankings and review the ranking compilation. Once the final ranking has been compiled, the Selection Committee will choose the short listed firms based on consensus and not necessarily by the final r~nking order of the firms. The final recommendation will be decided based on review of scores and rankings, discussion, and consensus of the committee. In reviewing the deliberations of the original selection committee, it was apparent that the committee did not comply with the requirements of the selection committee procedures as set forth above. Among the deficiencies noted included the fact that the Committee (specifically the Purchasing Agent): a. Failed to sufficiently instruct the members of all steps or the larger purpose of the selection process. b. Added the scores rather than the rankings. c. Failed to properly facilitate the deliberations in a manner conducive to collaborative decision making. d. Failed to ask for or obtain a consensus of the group in the initial deliberations. In a "good faith" effort to address these deficiencies, the Purchasing Agent reconvened the committee on December 13, 2002 and sought to bring the committee to a legitimate consensus. At that time, the group did appear to reach a consensus resulting in One Source (hereinafter referred to as "OS") being ranked first followed by Grosvenor Building Systems (hereinafter referred to as "GBS") ranked second and Executive Management Services third. However, subsequent to that meeting, the eventual protestor raised objections to the outcome of the December 13, 2002 meeting. Simultaneously, the Purchasing Director interviewed each committee member and subsequently decided that it would be in the best interests of the process to have a new selection committee appointed rather than simply accepting the consensus decision of December 13th. Accordingly, correspondence was forwarded to all vendors advising them that procedural problems had occurred in the first deliberations and that a new committee was to be appointed. Each vendor was given the opportunity to extend their proposal offer beyond the 90 days required in the RFP so as to enable the re-evaluation process to occur. Each of the competing vendors agreed to this request, including the protestor. At or about the time that this correspondence was issued, the Purchasing Director discussed this matter, including the deficiencies from the initial committee's decision with Mr. John Clontz of GBS. One of the staff members appointed to the second committee sent "a stand in" to the deliberation meeting. The "stand in" had not been involved in the evaluation process prior to that meeting. FINDINGS: One of the staff members appointed to the second committee, Mr. Doug Essman of the Community Development Operations Department, was called out of · ~o. HAY 22 Pg. /~ Ms. Rita McCauley Grosvenor Building Services, Inc. (GBS) Page 3 of 6 town on business shortly before the second committee held its deliberations on March 10, 2003. As a result of this, Mr. James Wiggins attended that meeting as Mr. Essman's designee. Prior to the meeting, Mr. Essman read and scored each proposal. Additionally, he met with Mr. Wiggins and the two collectively reviewed the selection process, each of the proposals and Mr. Essman's tentative scores and rankings. At the March 10~ meeting, Mr. Wiggins arrived with Mr. Essman's scores and ra~kings in hand on the appropriate evaluation form signed by Mr. Essman. Mr. Wiggins actively participated in the meeting on Mr. Essman's behah~; displaying apparent knowledge and familiarity with each proposal. OS was allowed to submit adch¥iona] information c]arif3dng references after the proposal closing date. Clerk's representative ~ithdrew from selection committee due to concerns over this information. FINDINGS: In accordance with Section 286.011, F.S., all selection committee deliberations are open to the public. Pursuant to this, time is afforded in each meeting, (prior to the reaching of the committee consensus) to allow members of the public (including competing vendors) to address the committee. At the December 13th meeting, representatives from both OS and GBS were in attendance and both addressed the committee during the public comment period. OS elected to distribute a hand out to the committee. Each committee member subsequently turned back their copies of the proposal with the OS hand out enclosed without any apparent discussion of the content. The hand out was included in the proposal packages distributed to the second selection committee. The information submitted by OS consisted of 18 Powerpoint shdes containing information about the firm such as its mission, profile and corporate structure. Included in the hand out were two shdes hating only the names of 19 current or past chents. The OS proposal listed six references in greater detail, identifying the business address, the name of a contact person and a summary of the level of service provided to each chent. Immediately prior to the March 10th selection committee deliberations, the County Manager's Office received correspondence from the Clerk of Courts indicating that the representative from the Clerk's agency appointed to the selection committee was withdrawing from the committee over concerns that it was, in her opinion, inappropriate to accept or consider the information distributed by OS on December 13th to the original selection committee. The deliberating committee was not aware of the specific issues that the appointee had nor of the correspondence to the County Manager until after the March 10th deliberations. Given these objections, purchasing staff queried the County Attorney for a legal opinion regarding the receipt and consideration of the OS hand out. In reply, the Attorney, provided a legal opinion and discussed the matter with the Clerk of Courts. Copies of the attorney's opinion and a memoriahzation of his conversation with the Clerk are enclosed. l',~a._ , Pg. /~--' Ms. R/ta McCauley Grosvenor Building Services, Inc. (GBS) Page 4 of 6 It is the opinion of the attorney that under the Sunshine Law, the County can and in fact may actually be obhgated to accept such information provided under public comment in a selection committee meeting. However, he qunli~ed his finding with the statement that the information presented to the selection committee "did not address or alter any material terms of the vendor's proposal". In other words, ob~ining additional reference information from a proposer is not the same as allowing a proposer to change his material offer to the County. In addition to the attorney's findings, it is also important to note that: a. All other vendors had the opportunity to make similar pubhc comments at the selection meeting. b. GBS in fact did make comments regarding its proposal. c. GBS had the same opportunity to distribute written information in support of its comments. d. After reviewing the file and listening to the recorded deliberations, there is no evidence that any of the clients cited in the OS hand out were contacted in the reference review process. e. Reference information is requested as part of a proposal to facilitate the determination of a proposer's work history and proven capabilities. Neither the RFP nor the County's selection process restrict or hmit the selection committee to gathering or receiving additional information regarding a proposer's work history or capacity to perform the specified services. Further, to impose such a restriction on a dehberating body would clearly not be in the best interests of the pubhc entity or its citizenry as the staff then could only consider the references listed by the proposer. 4. Not enough direction was ~ven to seYection committee members during the organizational meeting regarding the ~rading criteria. In some instances, committee members gave more points £or a ]~'~her price. FINDINGS: With regard to the second selection committee, the chairperson of that group explicitly reviewed the steps of the scoring, ranking and decision m~king processes with the committee prior to the committee commencing the review process. Neither the chairperson nor the RFP set forth strict requirements regarding the formulation of the cost-related scores. After reviewing the RFP and listening to the deliberations of the committee, the reasons for this become abundantly clear. The RFP contains several specific provisions intended to encourage proposals that were competitive, responsive and responsible to the needs of the County. Examples of these provisions include a specific minimum wage for every employee on site, a mi~rnum required number of on site man hours, minimum day/night supervision requirements, designation of lead personnel in several high traffic buildings and minimum work experience requirements for key personnel. In the deliberations, several comments were made by various committee members expressing concerns that the proposed pricing from each vendor would be adequate to fund the required level of service. Hence, it is apparent that the committee scored the cost proposals not only in the terms of the order of the prices, but also in terms of responsive and responsibility. AGZ:'!:L'A ~,, 2 7 pg._ Ms. Rita McCauley Grosvenor Building Services, Inc. (GBS) Page § of 6 VV~en compared to GBS, OS has no contracts of sirniIar scope, size and comp]exit. GBS also contends that Facilities Management has descz~bed OS as having "the. ir ups and domns" during their performance of the Colh'er County contract. .FZNDZNGS: Review of the second committee's deliberations indicates that at least two members commented on the high volume of large accounts and other positive characteristics attributed to GBS. Comments regarding OS included a history of providing a high level of customer service and a history with "upper end" facilities, beth of which were deemed to be a positive indication of the firm's ability to meet the County's needs. While the committee did not necessarily directly compare the number of large accounts held by each firm, the point was mentioned in the discussion. With regard to statements attributed to Facilities Management regarding OS having experienced "ups & downs" with Collier County, neither myself or other staff members were able to find any such statements in writing in the RFP file. There was a verbal comment to this effect made in the initial selection committee deliberations. That comment was part of a larger statement in which the speaker appeared to be asserting that the County and OS had encountered issues initially and that OS had worked with the County in good faith to resolve them. That thought would seem to enhance, rather than detract from the competitive standing of OS in the evaluation process. The entire record retTects that the Committee members from the Facih'ties Management Department mere involved in an improper attempt to exer~ undue intTuence over the second selection committee process. The protest also notes that this behavior occurred mith the selection of the previous contractor three years earlier. FINDINGS: As stated previously, this office was not able to locate any written information in the RFP file from Facilities Management characterizing the performance of OS using the words "ups & downs". Other than that comment, the protest provides no specific evidence to substantiate the claim of "undue influence" making it difficult to render judgment on that claim. With regard to the role of Facilities Management in the second committee's deliberations, the following points need to be considered: Co Ms. Rita McCauley The direct role of Facilities staff in the second evaluation was substantially reduced as only one of the five participants was from that department. Facilities Management is the department with responsibility for managing this contract. Their staff has the most direct knowledge and experience with the performance of current and past contractors. Various Facilities staff members were contacted by members of the second selection committee to gmin their insights into the performance of OS and other contractors who had previously held this contract. While the protestor may perceive this as somehow inappropriate, to neglect to get the input of the most knowledgeable department within the agency could leave the committee without valuable information relevant to the selection. ~_,ND~ ITEM_ No. /¢~ ~ MAY 2 7 200 PC,. /7 Grosvenor Building Services, Inc. (GBS) Page 6 of 6 With regard to the contractor selection that occurred in the year 2000, the committee recommended the incumbent contractor after discussing the scores, although another fnun had more points in the scoring phase. That committee was operating under the same selection procedures as the present committee where decision m~king was ultimately to be made by consensus and it was within the committee's discretion to act as it did. More importantly, there is a significanct di~ference between the circumstances of three years ago and the circumstances of the present recommendation. U~like the former committee, the scores and rankings of the current group are consistent with the consensus of the group. In other words, One Source was ranked first and was the consensus selection of the panel. Moreover, the current recommendation is the product of a group comprised of one member of the Facilities Management. Department. The committee contacted several sources relevant to each proposer and did not rely solely or primarily on the input of the Facilities staff. PROTEST DECISION In reviewing and considering the issues raised in the protest, the Purchasing Director seeks to determine if the selection process in general was conducted fairly and specifically if the County's selection committee procedures and policies were properly followed. Having reviewed and addressed each of the issues raised in the protest, the following conclusions have been drawn: 1. The initial selection committee did not comply with the requirements of the selection procedure. 2. The initial selection committee may not have been properly balanced in its composition. 3. The second selection committee was more balanced in its composition Therefore, having considered the issues, findings and conclusions stated herein, it is the decision of the Purchasing Director to reject the protest and authorize staff to proceed forward with award of the referenced contract as originally recommended. Under subsection XVIII.F of the Board's purchasing policy, the decision of the Purchasing Director shall be considered final and conclusive unless the protestor files a subsequent written objection to the Purchasing Director within two business days of receipt of the decision. Hence, any subsequent written objection must be filed with this office not later than close of business on Tuesday, May 20, 2003 Sincerely, purchasing/General Services Director Enclosures AGERDA !TENS- No. /~ ~ ~--~ MAT 2 7 200] pg. /~' carnell_s '-rom: zachary_r Sent: Friday, March 14, 2003 3:50 PM To: carnell_s Steve, I had a conversation with Dwight Brock yesterday with reference to his employee not wanting to participate in the selection committee meeting for the custodial service contract He indicated that the problem was that the employee felt uncomfortable with the fact that some supplemental material from One Source being included. The issue he had was simply the employee t~ot wanting to participate. That fact prompted the letter to Jim Mudd and, according to what Dwight said, nothing else. We discussed the differences between an IFB and RFP and his only is seemed to be that the process and policy in place has been blessed by the BCC. He indicated he had no other issue with the particular RFP in question. RNZ AGENDA No.__//,- OFFICE OF THE COUNTYATTORNEY INTEROFFICE MEMORANDUM TO: CC: FROM: DATE: RE: Steve Camel.l, Directorl Purchasing Department and David C. Weigel, County Attorney [qAR 2 6 2§03 Robert N. Zachary, Assistant County Attorney ~ March 26, 2003 Receipt of Additional Vendor Information During Selection Committee Evaluation Process (RFP 02-3444) RLS No. PRC030318-14 The County has instituted a process of evaluating RFPs that is open to the public to comply with Florida Statutes. In conjunction with affording the public an opportunity to observe the process, the County has encouraged public comment and input into the selection process. The "pubLic" also includes vendors who may have submitted proposals for the particular RFP being evaluated. In fact, the process sometimes includes invited vendor presentations to the evaluation committee. Th.is process is intended to be very flexible to achieve the best, most economical solution for the County. With regard to this particular RLS, given that the information presented to the selection commit-tee did not address or alter any material terms of the vendor's proposal and the information provided was submitted within the procedures and process adopted by the County, it is my opinion that it was permissible to accept the information. In this particular case, I also believe that it was permissible for the selection committee to consider the information in the selection process. As to whether the County is obligated to accept the information, the short answer is probably '!yes". The County encourages and accepts input in the selection process both as a matter of policy and a matter of law. Information provided by the public (Lucluding vendors) under the open meeting law becomes a public record, subject to disclosure upon request from any other member of the public. The question then becomes, does the committee have to consider the information provided in the selection process? I think that this question w/il have to be answered on a case-by-case basis. The committee will have tO dec/de, at least, whether the information alters any of the material terms' of the vendor's proposal or falls outside of any of the criteria of the RFP. If it does, then consideration will have to be given to the question of whether other vendors must be af s~me opportunity to present additional comparable information. PlAY 2 7 200:t The bottom line is, "So long as a public agency acts in good faith, evea though they may k~ach a conclusion on facts upon which reasonable men may differ, the courts will not generally inteffc-re with their judgment ..." Volume Services Division ~. Ca~tee~ Corp., 369 So.2d 391, 395 ('Fla. 2nd DCA 1979). If you have further questions, please do not hesitate to call me at 774-8400. R_N~g AGFNDA iTEM,.-~ No. /;~ %'"~ HAY ITEM NO.: F~LE NO.: ROUTED TO: o, COUNTY ATTO~NE~ HAP, 18 PH 2: ! 8 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL 'SERVICES Date: To: From: Re: 3/13/O3 Office of the County Attorney Attention: Robert Zachary ' Steve Ca~ell, Purchasing/General Services Director Receipt of Additional Vendor Information During Selection Committee Evaluation Process (RFP 02-3444) BACKGROUND OF REQUEST: Proposals were' received in response tO the referenced RFP in November, 2002..A series of evaluation meetings were conducted by the appointed selection committee, comprised of staff from the Board and Clerk of Courts agencies. As you aware, these selection committee meetings are conducted "in the sunshine" in accordance with Section 286 F.S. Pursuant to the referenced law and the CountY's administrative procedures, vendors competing for the prospective contract are permitted . to attend selection committee meetings and are afforded the opportunity to address the committee during the public comment portion of the meeting. During one of the meetings conducted by the selection committee, one of the competing vendors took the opportunity afforded all those attending the meeting to address the committee. In doing so, the vendor distributed a handout that provided an m;erview of the company's credentials and a list of references in addition to those previously provided in their proposal. In the past week, a question has been raised concerning the propriety of accepting this information from the vendor in the public, lawful forum described above. MAY 2 7 2003 ACTION REQUESTED: Please address the fo'flowing questions. Given that the written information was submitted pursuant to a vendor, exercising his legal dghts under the open meetings law and the County's administrative procedures, is Collier County obligated to accept this information? 2. The information presented spoke to the general qualifications and work history of the vendor: and did not address or alter any of the material terms of the vendor's proposal (price, schedule, method of delivery,, etc.). In light of this, is it permissible for the County to accept this information without violating the sanctity of the' evaluation- process? OTHER COMMENTS: CC: Ao._NDA ITEM No. MAY 2 7 2003 Pg.___2-$ . EXECUTIVE SUMMARY APPROVE CONTRACT AMENDMENT INVOLVING CONTRACT #00-3131, "Professional Landscape Architectural Services" OBJECTIVE: To obtain the Board of County Commissioner's approval of a contract amendment. 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 firms represented under this Contract are as follows: A. Gail Boorman and Associates IBIS J. Roland Lieber, PLLC, Landscape Architects McGee & Associates Outside Productions, Inc. The referenced contract has 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. FISCAL IMPACT: 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 amendment and 2. Authorize the Purchasing/General Services Director to sign the amendments. ~~~,~ PREPARED B DATE: n, Contract Agent REVIEWED BY: ~teP~,n Y. C~nel,. Purchasing/~nera, Se~ices Direr, or ~kip~~lnt~rim ~dm~n~trative Semites Admini~frat~r HAY 2 7 2003 EXF/IRIT A-1 Contract Amendment No. 1 #00-3131 "Professional Landscape Architectural Services" This amendment, dated April 24, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, A. Gall Boorman and Associates, (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 00-3131 "Professional Landscape Architectural 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 24, 2003 through April 23, 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. ATTEST: CorPrftte itness CONSULTANT By: f~~_ Dated: ~/~,t CORPORATE SEAL ApproVed as to form and Robert N. Z~chary Assistant County Attorney OWNER: BOARD OF COLrNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Stephen Y. Ca'ell Director of Purchasing and General Services NAY 2 7 2003 EX]~EIBIT A-1 Contract Amendment No. 1 #00-3131 "Professional Landscape Architectural Services" Tiffs amendment, dated April 24, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, IBIS, (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 00-3131 "Professional LandScape Architectural 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 24, 2003 through April 23, 2004. The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. ~ WITNESS Wl~REOF, 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. ATTEST: CONSULTANT IBIS Title: Dated: CORPORATE SEAL Approved as to form and 'Legal sufficiency: Assistant County Attorney OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Stephen Y. C'amell Director of Purchasing and General Services AGE~A ITEM-, . MAY 2 7 EXI47RIT A-1 Contract Amendment No. 1 #00-3131 "Professional Landscape Architectural Services" This amendment, dated April 24, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, $. Roland Lieber, PLLC, Landscape Architects, (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 00-3131 "Professional Landscape Architectural 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 Lndex (CPI), published January 16, 2003. This amendment represents a 2.5% increase to the Fee Schedule for the renewal term of April 24, 2003 through April 23, 2004. The Consultant agrees that this amends the original Contract. Ail other terms and conditions of the agreement shall remain in force. IN WITNESS WFIEREOF, 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. A :~fST:. Corporate Secretary/Witness By: Adriana C. Roman Dated: 02.2 ~. 03 CONSULTANT J. l~~eber, PLLC, Landscape Arc~tects By: John P. Ribes Title: Vice President D~ed: 02.27.03 CORPORATE SEAL Approved as to form and L~y: Robert N. 'Z~Hary Assistant County Att0mey OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Stephen Y. ~amell Director of Purchasing and General Services AGENOA I~'E.~, No o~~_~ MAY 2 7 2003 EXHIBIT A-1 Contract Amendment No. 1 #00-3131 "Professional Landscape Architectural Services" This amendment, dated April 24, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, McGee & Associates, (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 00-3131 "Professional Landscape .Architectural 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 shali 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 24, 2003 through April 23, 2004. The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. L--N' WITNESS WItEREOF, 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: o~orate Secretary/~.i_tness By: ~ By: Dated: ~___~/~_~ Title: Dated: CORPORATE SEAL Approved as to form and Assistant County Attorney OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Step'ten Y. C~nell - -' Director of Purchasing and General Services~ ^a~,m I1£1~ , NAY 2 7 20113 EJOqlltIT A-! Contract Amendment No. 1 #00-3131 "Professional Landscape Architectural Services" This amendment, dated April 24, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, Outside Productions, Inc., (to be referred to as "Consultant'') and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 00-3131 "Professional Landscape Architectural 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 (CPO, published January 16, 2003. This amendment represents a 2.5% increase to the Fee Schedule for the renewal term of April 24, 2003 through April 23, 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. CONSULTANT ATTEST: Corporate Secretary/Witness Inc. · Productions, CORPORATE SEAL Approved as to form and Assistant County Attorney O~VNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA -S-teph~n Y. CUamel/ ~ ' Director of Purchasing and General Services ~AY 2 7 2003 - EXECUTIVE SUMMARY APPROVE CONTRACT AMENDMENT INVOLVING CONTRACT #02-3324 "Fixed Term Surveying and Photogrametric Services" OBJECTIVE: To obtain the Board of County Commissioner's approval of a contract amendment. 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 firms represented under this Contract are as follows: Johnson Engineering, Inc. Q. Grady Minor & Associates, PA Agnoli, Barber & Brundage, Inc. Wilson Miller, Inc. The referenced contract has 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. FISCAL IMPACT: 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 amendment and 2. Authorize the Chairman to signed the County Attorney approved contract amendments. .I,~a L.~,~k'~on. Contract Agent Stephen Y. Carnell, Purchasing/General Se~ices Director REVIEWED BY: ~~ ' DATE~ ~ ~k~Ca~p, Interim Administrative Se~ices Adm~istrator HAY 2 ? 2oo31 E~IT A-1 Contract Amendment No. 1 002-3324 "Fixed Term Surveying and Photogrametric Services" This amendment, dated April 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 Understanding RE: Contract # 02-3324 "Fixed Term Surveying and Photogrametric 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 renexval term of April 24, 2003 through April 23, 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. ATTEST: Corpora(e Secretary/Witness By: ~-~q~)/ ~- ~/Jt~/_ Dated: 4'-/4- ~0..~ CONSULTANT J°hns°n E~Terin~,~f~ Title: Andrew D. Tilton, Vice President Dated: 4/14/03 ATTEST: Dwight E. Brock, Clerk CORPORATE SEAL Approved as to form and Roilert N. Zaclff~ Assistant County Attorney OWNER: BOARD OF COUNTY COMMISSIO~RS COLLIER COUNTY, FLORIDA By: Chairman EXHIBIT A-1 Contract Amendment No. 1 #02-3324 "Fixed Term Surveying and Photogrametric Services" This amendment, dated April 24, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, Q. Grady Minor & Associates, PA (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 02-3324 "Fixed Term Surveying and Photograrnetric 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 24, 2003 through April 23, 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. ATTEST: Corporate Secr~ry/W~[ness Q. Grady Minor & Associates, PA By:-'~:'~.¢)th~a ~9..~o-~ By: Q. Grady Minor Dated: ~'//~/5~'/~O ~ Title: President Dated: ~/IoIOS ATTEST: CORPORATE SEAL Dwight E. Brock, Clerk Approved as to form and R6bert N:Zac~a~ - Assistant County Attorney OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA i = AGi~NOA IT£~Z~' By: no./~ -dr- ~ Chairman MAY 2 7 2003 Pg. -~ · E~IT A-1 Contract Amendment No. 1 #02-3324 "Fixed Term Surveying and Photogrametric Services" This amendment, dated April 24, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, Agnoli, Barber & Bnmdage, Inc. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner")~ Statement of Understanding RE: Contract # 02-3324 "Fixed Term Surveying and Photogrametric 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 24, 2003 through April 23, 2004. The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. IN wrI ~i~ss WHEREOF, the Consultant and the Owner have each, respectively, by an authorized ]~]gent, hereunder set their hands and seals on the date(s) indicated below. person ATTES Corpor By: ~2't¢ ,¥ ~:'. Dated: Title: 4. to.o Dated: ATTEST: Dwight E. Brock, Clerk Approved as to form and n y: Assistant County Attorney CORPORATE SEAL OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chairman HAY 2 7 20031 EXFflRIT A-1 Contract Amendment No. 1 #02-3324 "Fixed Term Surveying and Photogrametric Services" This amendment, dated April 24, 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 # 02-3324 "Fixed Term Surveying and Photogrametric 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 24, 2003 through April 23, 2004. The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. IN WITNESS VOtEREOF, 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 iller, Inc. Title: Dated: ATTEST: Dwight E. Brock, Clerk Approved as to form and Ro ;ert i¢. Assistant County Attorney CORPORATE SEAL OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chairman No. /0,-~" MAY 2 7 20031 Schedule A-1 Collier County Proposed Fee Schedule RFP 02-3324 "Fixed Term Surveying and Photogrametric Services" 2003-2004 Renewal Professional Hour ,ly Fee Project Manager $103.00/b-r Senior Registered Surveyor $108.00/hr Registered Surveyor $ 87.00/hr Survey Crew- 2 Person $ 92.00/hr (Includes Crew Chief) Survey Crew- 3 Person (Includes Crew Chief) Survey Crew - 4 Person (Includes Crew Chief) Senior Technician Technician GPS Survey Crew- 1 person GPS Survey Crew - 2 person (Includes Crew Chief) GPS Survey Crew - 3 person (Includes Crew Chief) Support Administrative Assistant, Secretary Clerical, other support $108.00/hr $118.00/hr $ 56.00fnr $ 46.00/hr $ 92.00/hr $108.00/hr $123.00/hr $ 46.00/hr $ 36.00fnr This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional support and other services shall be mutually negotiated by the County and fn'm on a project by project basis as needed. No. /Ce-Lq '" ~ HAY 2 7 2003 END OF SCHEDULE A-1 pg. ~ _ EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID NO. 03-3503, FILE RETRIEVAL & RENTENTION SERVICES TO ROBERT FLYNN MOVING AND STORAGE. (ESTMATED VALUE $33,000.00) OBJECTIVE: To award a Contract for File Retrieval & Retention Services to be used for the file storage and management. CONSIDERATION: The Department of Facilities Management is responsible for file retrieval & retention services using a private contractor. Constitutional Officers and BCC Departments utilize this contract to store and retrieve records as needed basis. On March 18, 2003, formal bid invitations were posted in the lobby of the Purchasing Building and distributed to fifteen (15) firms who provide these services. On April 15, 2003, bids from two (2) firms were opened. A bid tabulation sheet is attached for review. Staff has reviewed the bids and recommends award to Robert Flynn Moving and Storage. FISCAL IMPACT: Funds are budgeted in the Facilities Management building maintenance cost center for the annual amount of $33,000.00 GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the~]}oard of County Commissioners award Bid No. 03-3503 for File Retrieval & Retention~~F~ & Sto~,~,~ rage. SUBMITTED BY: ./,~'x~.' ~ Date: Scott DJ Johnson"Z,~l~chaSing Agent Purchasing Department /' REVIEWED BY: Daniel,l(. Rodriguez, In-t~m~rf~c Date: -.~'" Facilities Management'Department REVIEWED BY: Stephen x~. Camell~Director Purchasing/General Services APPROVED BY: ~dlhini~trator Administrative Services Division Date: ~" ~--O,..~ MAY2?2fl03 I pg., /r . _ ~ -< N ~T£~ ? 2003 EXECUTIVE SUMMARY REQUEST APPROVAL OF A FIRST AMENDMENT TO LEASE AGREEMENT WITH ABBAS AHRABI ASLI FOR BUILDING UTILIZED BY THE PROPERTY APPRAISER'S OFFICES. O_Q.B.,IECTIVE: 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, 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. However, due to the extensive improvements made to these systems by the County during the renovation of the leased space, both the County and Lessor agree that it would be in the County's best interest to take over the maintenance of the systems that were affected during construction, such as the electrical, plumbing, air-conditioning, and fire sprinkler systems. The County would also like to provide landscape maintenance so the property will be maintained in the same manner as the Government Center. In order to offset any maintenance costs that may arise from the County's assumption of the responsibility for these systems, the Lessor has agreed not to increase the monthly Common Area Maintenance (CAM) charges over the next two years of the Lease. This will result in an estimated cost savings of $58,000. These compounded savings will then carry over throughout the life of the Lease showing a potential savings of an estimated $100,000 during the initial five-year Lease term. 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 fees 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. RECOM1MENDATION: That the Board of County Commissioners approve the First Amendment to Lease Agreement with Abbas Ahrabi Asli and authorize its Chairman to execute same at a later date. . .. ~:_~. ..,~,~ .... 2003 First Amendment to Lease Agreement _Page 2 PREPARED BY: Michael H. Dowling, P~ge, r~ ~.~nagement DATE: Specialist Real Estate Services Charles E. Carrington, Jr~ SR/WA, Manager Real Estate Services -o3 REVIEWED BY: Daniel R. Rodriguez, Inte~ ' ctor Facilities Management Department DATE: ~'~/~.. ~--~mp, int~'rir~ A~lministrator Administrative Services Division DATE: Lease #885 FIRST AMENDMENT TO LEASE AGREEMENT TFIIS FIRST AMENDMENT TO LEASE AGREEMENT is entered into this day of .2003 at Naples. Collier County. Florida. by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. whose mailing'address is 3301 East Tamiami Trail. Naples. Florida 3,il [2. hereinafler referred to as "LESSEE" and ABBAS AHRABI ~.SLI, whose mailing address is 473 Banyan Boulevard. Naples. Florida 34102, hereinafter referred to as "LESSOR." WITNESSETH WHEREAS, the Board of County Commissioners of Collier County, Florida and Abbas Ahrabi Asli have previously entered into a Lease Agreement dated June 13, 2002; and WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement; NOW TI-IEREFORE, in consideration of the covenants and agreements provided within said Leas~ Agreement dated June 13, 2002, and Ten Dollars ($10.00) and other valuable consideration, said Lease Agreement is hereby amended as follows: I. In addition to those responsibilities assigned to LESSEE in Article 5, LESSEE agrees to assume full responsibility for procuring and payment of maintenance, replacement, and repair of, and full liability for, the complete interior and exterior electrical system, including but not limited to Ihe 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 to 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 i~ 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 7. 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 CAN[ to an amount not to exceed the actual operating costs as per Article 5. 3. Except as expressly provided herein, the Lease Agreement between Collier County and Abbas Ahrabi Asli dated .rune 13. 2002 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. IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this First Amendment to Lease Agreement th-' day and year first above writlen. AS TO TIlE LESSEE: DATED: ATTEST: DWIGHT E. BROCK. Clerk BY: ' Deputy Clerk AS TO TIIE LESSOR: DATED:/~/~/7-· '(~ ~. Witness (Signatu.re) .(Print Name) Wiwcss (Si gnatuLqj.~ (Print Name) BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA BY: TOM HENNING, Chairman ABBAS .ad-IRA. BI ASLI ~' Approved as to form and legp~fsufficiency: ~)a;id C. weigel, Coun~kttorn~ 2003 EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY IN THE AMOUNT OF $24,000 TO FUND EQUIPMENT AND TRAINING MATERIALS FOR THE COMMUNITY EMERGENCY RESPONSE (CERT) PROGRAM AND APPROVE A BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATE THE REVENUE OBJECTIVE: Board of Collier County Commissioners approval and acceptance of Agreement #03CT-95-09-21-01-384 between Collier County and the State of Florida, Department of Community Affairs to purchase equipment and print training materials for the County's Community Emergency Response Team (CERT) program. CONSIDERATIONS: Collier County has been actively developing a CERT program within its dependent and independent Fire Districts since 1997, under the supervision of the County's Emergency Management Department. The CERT program was recognized as a cornerstone emergency preparedness program after September 11, 2001 and was identified for funding assistance by the Federal Government. In February, 2003, the U.S. Department of Homeland Security, through the Department of Community Affairs, made funding available to help enhance and expand our existing CERT program. $24,000 is being provided to purchase individual Personal Protective Equipment (PPE) for new CERT members and to pay printing costs for training materials. FISCAL IMPACT: Increase of $24,000 to the Emergency Management Grant Fund (fund 118) for Fiscal Year 2003. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve Agreement #03CT-95-09-21-01-384 between the State of Florida, Department of Community Affairs in the amount of $24,000 to fund equipment and training materials for the Community Emergency Response Team (CERI) program and approve a budget amendment to recognize and appropriate the revenue. James J. von Rint%~mergency Management Coordinator APPROV EDXX~~~ .~/g/~/~ ~ .... Date:/~,'~oJ' I~e~m~-~n~, FP'~M, CEM, Emergency Managern~nt~irector MAY27 Contract Number: 03CT-95-09'-21-01-384 CFDA Number: 83.564 FEDERALLy FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Collier County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the federal government, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) BUDGET AND SCOPE OF WORK The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. I2003 (3) PERIOD OF AGREEMENT This Agreement shall begin on the date of the fund offering letter, and shall end November 30, 2003, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. Final requests for reimbursement shall be submitted no later than fifteen (15) days after the termination date of the Agreement. Any requests received after December 15, 2003, may in the discretion of the Department, not be reimbursed form this Agreement. Reimbursement requests shall not be submitted by fascimile tranmission. (4) ..MODIFICATION OF CONTRACT; REPAYMENTR Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with § 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement AGEND/~ITEM IC, MAY 2. 7 2003 Pg. ~. is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient. shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year pedod, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local "Agents" shall include, but not be limited to, auditors retained by the time, on Monday through Friday. Department. REPORTS (a) At a minimum, the Recipient shall provide the Department with monthly reports, and with a close-out report as set forth in Attachment E. i~1 MAY 2 7 2003 Pg. ~ (b) Monthly reports are due to be received by the Department no later than 10 da. ys after the end of each month of the contract period and shall continue to be submitted each month until submission of the administrative close-out report. (c) The close-out report is due 15 days after termination of this Agreement or upon completion of the activities contained in this Agreement. (d) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within 30 days after written notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. (e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. (f) The Recipient shall provide additional reports and information as identified in Attachment E. (7) MONITORING The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work are being accomplished within specified time pedods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDIT REQUIREMENTS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate 4 AGENDAJ~, EM MAY 2 ? 20O3 Pg. ~ with any monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Contractor throughout the contract term to ensure timely completion of all tasks. (8) LIABILITY (a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat__._.~, agrees to be fully responsible to the extent provided by Section 768.28 .Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT; REMEDIES; TERMINATION (a) If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without AGENDAJ, TEM No. //'_ ~ HAY 2 7 2003 pg. ~' thereby waiving the right to exercise such remedies, and without becoming liable to make any fu~her payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 6 AGEND~,,ITEM No. !! r_~ NAY 2 ? 2003 pg._ '~ 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non- compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred fcr any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise available under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclcsure under Chapter 119, Fla. Stat.., as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Fla~ Stat.., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) In addition to any other remedies, the Recipient shall return to the Department any funds which were used for ineligible purposes under the program laws, rules, and regulations governing the use of the funds under the program. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. AGE NO.~ITEM MAY 2 7 2003 pg.__ a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the' representati{,e identified below at the address set forth below and said notification attached to the original of this Agreement. b) The name and address of the Department contract manager for this Agreement is: Telephone: Fax: Email: c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: James von Rinteln. Coordinator Collier County Emergency Management Department 3301 E. Tamiami Trail, Bldg F Naples. FL 34112 Telephone: Fax: Email: 239~774-8444 239-775-5008 j amesvonrinteln~colliergov.net d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (10)(a) above. (11) OTHER PROVISIONS a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null AGENDAJ.TEM MAY 2 7 2003 pg. and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate andy other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 _et seo,~), if applicable, which prohibits discrimination by public and private entities on the basis of disabilib,/in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (0 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list_may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor or discriminatory vendor list. (g) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; AGENDA_I~E M / HAY 2 7 2003 pg. /~) 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bdbery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 11(g)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. (12) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $300,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in 10 AGENDAJ,TEM No. MAY 2 7 2003 accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreemen.t.. indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in Paragraph 12 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit ccnducted in accordance with the provisions of OMB Circular A-133, as revised, the ccst cf the audit must be paid frcm non-Federal resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 11 AGEN DA~I,,TEIV~ .o. MAY 2 7 2003 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of Copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10m Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow 12 the Department, or its designee, the Comptroller, or Auditor General access to such records upo~.n request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. (j) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (k) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained untii the litigation or audit findings have been resolved. (I) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a csrtified public acccuntant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (13) SUBCONTRACTS (a) If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (14) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. / MAY 2 7 2003 (15) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Program Statutes and Regulations Attachment C - Assurances Attachment D - Justification of Advance Attachment E - Reports (16) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed fcr costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $24,000 subject to the availability of funds. (b) Any advance payment under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment D. 14 f A¥ 2 7 003 pg._ /~-- Attachment O will specify the amount of advance payment needed and provide an explanation of. the necessity for and proposed use of these funds. 1. ",/ No advance payment is requested. 2. An advance payment of $. is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, needed. Attachment A of this Agreement. (17) STANDARD CONDITIONS_ The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat.. or the Florida Constitution. (b) If otherwise allowed under this Agreement, the Agreement may be renewed on a yearly basis for a period of up to two (2) years after the initial agreement or for a period no longer than the term of the original agreement, whichever period is longer, specifying the terms under which the cost may change as determined in the invitation to bid, request for proposals, or pertinent statutes or regulations. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for iefusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (f) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. 15 AGE ND, J~TE~ MAY 2 7 (g) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by'the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (18) LOBBYING PROHIBITION (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any othe~ official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 16 AGENDA I'~M, 3. The undersigned shall require that the language of this certification b.e.. included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (19) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. 17 AG, E ND.~A,~TE M ~ No,/~/. 1--~. I t, AY 2 7 Pg- ,,; ~, (c) Within thirty (30) days of execution of this Agreement, the Recipient shall dis'close all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. 20) LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (21) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment C. (22) VENDOR PAYMENTS Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. 18 IN WITNESS WHEREOF, the parties hereto have caused this contract to be exeq.uted by their undersigned officials as duly authorized. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Date: Tom Henning, Chairman FEID # 59-6000558 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS By: Date: ATTEST: Dwight E. Brock, Clerk By: ( Deputy Clerk ) Approved as to Form and Legal Sufficiency By: ~Assi~ant County Attorney 19 AG£ND TEM HAY 2 7 2003 EXHIBIT- 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO TI-IIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) - $ (amow~ COMPLIANCE REQUIRENIENTS APPLICABLE TO TH2E FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: i . First applicable compliance requirement (e.g., what services/purposes resources must be used for). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. STATE RESOURCES AWARDED TO THE, RECIPtEaNT PURSUANT TO THIS AGREE~ CONSIST 01,' THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: NOTE: If the resources awarded to the recipient for matching represent more than one Federal program, provide the same information shown below for each Federal program and show total State resources awarded for matching. Federal Program (list Federal agency~ Catalog of Federal Domestic Assistance title and number) - $(amow~ SUBJECT TO SECTION 215.97~ FLORIDA STATUTES: NOTE: If the resources awarded to the recipient represent more than one State project~ provide the same information shown below for each State project and show total state financial assistance awarded that is sub/ect to Section 215. 97~ Florida Statutes. State Project (list State awarding agency, Catalog of State Financial Assistance title and number) - $(amounO COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: List applicable compliance requirements in the same manner as illustrated above for Federal resources. For matching resources provided by the Department of "ABC" for Federal programs, the requirements might be similar to the requirements for the applicable Federal programs. Also, to the extent that different requirements pertain to AGEND,.,~,~TEM No. I! ~ '~ MAY 2 7 2003 different amounts of the non-Federal resources, there may be more than one grouping (i.e., 1, 2, 3,?tc.). . listed under this category. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. AGEND~.~ ITEM" MAY 2 7 2003 Pg.~ Attachment A Budget and Scope of Work 1. SCOPE OF WORK The Recipient will provide, in the required timeline and deliverable documents, subject to approval by the Division of Emergency Management, information relating to the recipient's plans, accomplishments and delivery of the following items and activities as represented in the proposal to start-up or expand the Community Emergency Response Team (CERT) program operated by Recipient utilizing funding under this sub-grant. mo Do Provide CERT training to at least 285 participants and/or CERT refresher training to at least 0 participants. Provide PPE (Personal Protective Equipment) equipment to at least 285 new CERT members trained under this sub-grant, upon successful completion of training. Individual equipment will include at a minimum: a CERT - "bag or backpack" with at least minimum necessary personal protective equipment of- helmet, work gloves, latex or neoprene or other body fluid protective groves, eye protection, flashlight, ID/reflective vest, CERT ID, etc. Green, Reflective Green or Reflective Lime Green is the preferred color for CERT helmet, bag or backpack and ID Vest. However, for program expansions where team colors are already in use, continued use of your current color scheme for consistency is acceptable. Provide necessary class supplies/materials, training space and instruction for the new CERT Team members enrolled under this grant. Training will utilize the Standard FEMA-CERT Training Program as a minimum (unless variance granted by FDEM-CERT Program Office). Training must also include the recently added FEMA-CERT Module 8 - Terrorism - Training Unit. Provide sufficient clerical/administrative support to handle timely the administrative aspects of the CERT program related to this grant. Exact contact information for the CERT Administrative Support Individual must be provided at the time of grant submission and updated or verified with each monthly submission CERT Training must be conducted by a Lead Trainer who has completed the FEMA (or FDEM sponsored) CERT Train-The-Trainer Course # G-417. (or equivalent as agreed to by the FDEM-CERT Office). Associate Trainers who are not graduates of G-417, but who are Subject Matter Experts (SME) can be utilized in their areas of expertise to teach individual topics in the CERT Program. They must be under the direct supervision of the approved Course Trainer. Associate Trainers must cover thoroughly the official FEMA- CERT Basic Training Module when they are teaching a module or segment. (CERT Training Manuel IG-317, May 1994 or the appropriate updates as they become available and SM-317 or the appropriate updates as they become available). FO HO Recipient agrees to maintain adequate records of individual training and team f.6rmation, reporting requested information to FDEM-CERT Program Office on a course-b3Lcourse basis and monthly. Recipient agrees to accept non-grantee CERT trainees from other locations, on a space available basis. These participants will be clearly documented on course rosters to accurately reflect the location in which they will serve as CERT members upon completion of the course. To report on a monthly basis any activation of a CERT Team or components thereof for actual emergency duty, projects, information fairs, or other usage via the information format required in the product items below. II. PRODUCT ITEMS The following information and documentation must be provided in the first monthly progress report due prior to June 15, 2003' A schedule of training classes to be presented within the contract period. Minimum requirements: course agenda, course location, contact information and qualifications of Lead Instructor, and a point of contact for each course. A revised budget; A timeline for key activities leading to the fh'st CERT training course to include, as a minimum: a0 Selection and training of CERT administrative/coordinator and lead instructor(s). bO Strategy and methodology for recruitment of students. cO Selection of training site(s) - location dO Procurement of all required Personal Protective Equipment (PPE) for each participant. e0 Procurement of all course supplies and student manuals for each participant. fO Listing and detailing of any supplemental curriculum training for CERT members, beyond the FEMA-CERT Basic course. (for refresher courses only) gO Plans for follow-up refresher courses for program graduates. hO Plans to maintain CERT members, indicating how they can be used to supplement emergency management activities in disaster and non-disaster situations; i0 Plans to utilize CERT graduates in expanded program activities (such as the FLASH program, support of Police Traffic Control, etc.). For expansion programs only: a. A complete listing of all CERT Teams currently in their jurisdiction. Listing will include team name, general area of coverage, phone number and email address of contact person, if any. I AGfiND_~,4T~.M MAY 2 7 2003 o III. o The following will be provided in all subsequent monthly progress reports: Status of and adjustments to the plan submitted in the initial report and earlier monthly submissions. Roster(s) of students trained during the period and formation of new CERT Teams, if any. Roster should include at minimum: Name and date training completed for each participant and for new CERT team formations: Name of team, location coverage, contact information including e-mail address and phone number, if any. A list of equipment and supplies to be purchased for each CERT member's PPE kit funded under this sub-grant. A list of course supplies (not listed in # 3 above) and student manuals purchased for each participant under this sub-grant. Student manuals are mandatory under this grant. Sample copies of any materials (e.g. news releases, brochures, videos, notices, letters, pictures or the like) produced to promote the CERT program under this sub-grant and courtesy copies of other program promotion items. Sample copies of all recruitment announcements and public information presentations relating to announcing the CERT training provided under this grant. A list of other CERT activities (i.e., additional training, drills, and meetings). Total amount of grant funds used to date and for what activities. To submit with the monthly report, a report of CERT activation for emergency or non-emergency situations. Report should detail: date, team name, number of CERT members activated, and a brief description of activity. This will include situations where CERT members have augmented a community's emergency management capability. (Example of non-emergency CERT team activities: a special project that enhanced a community's preparedness.) SCHEDULE OF WORK AND PAYMENTS A0 BO By July 1, 2003 a monthly report with the appropriate documentation as listed in Part II.B. and Part II. C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work or prepare the products should be submitted. By August 1, 2003 a monthly report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. AGEND~I~M No. I ," ~/ MAY 2 7 2003 CO By September 1, 2003 a monthly report with the appropriate documentation a~ listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In ad~tion, all invoices for expenses incurred to perform the work and prepare the products should be submitted. DO By October 1, 2003 a monthly report with the appropriate documentation as listed in Part ll.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. E0 By November 1, 2003 a monthly report with the appropriate documentation as listed in Part II.B. and Part II. C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. FO By November 30, 2003 the final closeout report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. Recipient agrees to perform the project identified in said application utilizing the funds provided under this Agreement, supplemented by any funds represented in said application as matching funds. Recipient shall not exceed more than five percent (5%) of the total funds awarded for administrative expenses. "Administrative expenses" means the direct costs of staff managing the project and other direct costs for managing project, as well as the applicant's indirect rate, if any, applied to those direct costs of management. The sum total of direct and indirect costs identified shall not exceed five percent (5%) of the total funds awarded from these funds. AGE N D ~T"tF-.I'~ MAY 2 7 2003 Attachment B Program Statutes and Regulations 1. Chapter 252, Florida Statutes 2. Chapter 287, Florida Statutes 3 Chapter 119, Florida Statutes 4. Chapter 60A-l, Florida Administrative Code 5. Chapter 215.97, Florida Statutes (Audit Requirements) 6. Chapter 215.34(2), Florida Statutes 7. Chapters 10.550 (local government entities) or 10.650 (non-profit organizations), Rules of the Auditor General 8. OMB Circular A-133 (if applicable) 9. Section 112.061, Florida Statutes 10. 8 U.S.C., Section 1324a(e) [Section 27A(e) of the Immigration and Nationality Act ("INA") 11. Section 768.28, Florida Statutes 12. Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.) 13. OMB Circulars A-87 and A-102 14. Chapter 216.181(16), Florida Statutes 15. 48 Code of Federal Regulations, Part 31, if applicable Attachment C ... Assll FallCeS To the extent the following provisions apply .to the award of assistance in this Agreement, as determined by the awarding agency, the Subgrantee hereby assures and certifies that: (a) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic w-age rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et ~eq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. It will comply with: "9 reo_ulations issued (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-_~5-), and the _ pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Subgrantee receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Subgrantee, this assurance shall obligate the Subgrantee, or in the case of any transfer of such property, any transferee, for the period during which the real proper~y or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar ser-qices or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act o f 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of 27 AGE NP.,~ ITeM No.I! ~ Ito I MAT 2 7 2003 employment during the performance of federal or federally assisted construction con.t_racts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship; (c) The Subgrantee agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation. State and local government services, and in telecomnlunications; (h) It ,,viii establish saf'eguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, FS; 6) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; (J) It will comply with the provisions of 18 USC 594, 598,600-605 (further known as the Hatch Act) which limits the political activitiis of employees; (k) It will comply with the flood insurance purchase and other requirements of the Flood Disaster protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquigition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; (I) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessability Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Subgrantee will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (m) It will, in connection with its performance of enviro,m'~ental assessments under the ... National Environmental Policy Act of 1969. comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11:593, 24 CFR Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (la U.S.C. 469a-1, et seq.) by: (I) Consulting with the State Historic Preservation Office to identify properties listed in or elio~ible for inclusion in the National Register of' Historic Places that are subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity: and (2)' Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) abiding by the terms and conditions of the ,,Programmatic Agreement Among the Federal Emergency Management Agency', the Florida State Historic Presets'etlon Office, the Florida Department of Community Affairs and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHpA), 16 U.S.C. 470f, and implementing regulations in 36 CFR part 800. (4) When any of Recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR 800.(2)(e), the Federal Emergency Management Agency (~MA) may require Recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will confo~ with the recommended approach6s set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buil~ngs 1992 (Standards), the Secretary' of the Interior's Guidelines for Areheol6gical Documentation (Guidelines) (48 Federal Register ~734-37), or any other applicable Secreta~ of Interior standards. If FEMA dete~ines that the eligible scope of work will not conform with the Standards, Recipient agrees to participate in consultations to develop, and, after execution by all parties, to abide by, a written agreement that establishes mitigation and recordation me~ures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) Recipient agrees to notify ~MA and the Department if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation for footings and foundations; and installation of utilities (such as water, sewer, sto~ drains, electrical, g~, leach lines and septic tanks) except where these activities are restricted solely to are= previously disturbed A~N~TE~ ' ~AY 2 7 2003 (n) by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties ma5' be present and be affected by such activities. The SHPO will advise Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations ['or the development of a treatment plan fox' the recovery of archeological data from the property. If Recipient is unable to avoid the archeological property, develop, in consultation with the SHPO; a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties." Recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do no object within 15 calendar days of' receipt of the treatment plan. FEMA may direct Recipient to implement the treatment plan. If either the Council or the SHPO object, Recipient shall not proceed with the project until the objection is resoh'ed. (6) Recipient shall notify the Department and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify an HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Recipient acknowledges that FEMA may require Recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require, and Recipient shall comply with, modifici'tions to the project scope of work necessary to implement recommendations to address the project and the property. (7) Recipient acknowledges that, unless FEIMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur. It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681-1683 and 1685 - 1686) which prohibits discrimination on the basis of sex; --- AG[:ND~TEM L No. Il. . MAY 2 7 2003 pg._~ '~ / (o) (q) (r) (s) (t) (u) (v) (w) (x) (z) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, '-- Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; It will comply with 523 and 52'7 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ce-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto; It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159, pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this agreement; It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as amended, relating to non_discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or nation origin; It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. ;/419-7626; It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544; It will comply with the Intergovemmer/tal P~rsonnel Act of 1970, 42 U.S.C. 4728-4763; It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 43214347; AGE N.B.A'ITEM .o. MAY 2 7 2003 (aa) (bb) (cc) (dd) (eel (fO (gg) (hh) (ii) It will ,assist the awarding agency in assuring compliance with the Preservation of '- - Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq; It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-discrimination; It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources; It will comply xvith the reqUirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition' Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs; It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287., related to protecting components or potential components of the national wild and scenic rivers system; It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); It will comply with the CoaStal Barrier Resources Act of.1977, 16 U.S.C. 3510; It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666. With respect to demolition activities, it will: Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. 2. Return the property to its natural state as though no improvements had ever been contained there on. AGEND~ITEM MAY272 3 1 p~. t"~ 3. Furnish documentation of all qualified personnel, licences and all equipment necessary to inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U. S. Environmental Protection Agency the Florida Department of Environmerital Protection and the County Health Department. 4. Provide documentation of the inspection results for each structure to indicate: a. Safety Hazards Present b. Health Hazards Present c. Hazardous Materials Present 5. Provide supervision over contractors or employees employed by Recipient to remove asbestos and lead from demolished or otherwise applicable structures. 6. Leave the demolished site clean, level and free of debris. 7. Notify the Department promptly of any unusual existing condition which hampers the contractors work. 8. Obtain all required permits. 9. Provide addresses and marked maps for each site where water wells or septic tanks are to be closed along with the number of wells located on each site. 10. Comply with mandatory standards and policies relating to energy efficiency which are contained in tt~e State energy conservation plan issued in compliance with the Energy Poli6y and Conservation Act (Public Law 94 -163). 11. Comply with all applicable standards, Orders, or requirements issued under Section 306 of the Clean Air Act [42 U.S.C. 1857(h)], Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 C.F.R. Part 15). This clause shall be added to any subcontracts. 12. Provide documentation of public notices for demolition activities. AGEND~,.ITEM MAY 2 7 2003 pg. ~ ~"~ Y Attachment D Justification of Advance AGF_.ND,~EM ~o./~.,~ ~ MAY 27 ~3 Pg.,,. ~ Attachment E Reports AGEND,A~.TEMi HAY 2 7 2003 EXECUTIVE SUMMARY APPROVE EMERGENCY MANAGEMENT DEPARTMENT APPLICATION FOR A $20,000 MATCHING GRANT (75~25) OFFERED BY THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. THE PURPOSE OF THE GRANT IS TO REVISE AND UPDATE THE LOCAL MITIGATION STRATEGY TO COMPLY WITH THE DISASTER MITIGATION ACT OF 2000. OBJECTIVE: Board of County Commissioners approval of a matching (75/25) grant application for $20,000 to be used to revise and update the Local Mitigation Strategy. CONSIDERATIONS: The current Collier County Local Mitigation Strategy (LMS) was approved by the Board of County Commissioners on November 23, 1999. Since that time, the Federal Emergency Management Agency has expanded the role of local governments, both county and municipal, to develop new strategies that are in compliance with the Federal guidelines. Local strategies that are not in compliance with these new guidelines will be ineligible for both pre and post disaster mitigation programs. The update of the LMS will require the support of other County agencies as well as the three municipalities. FEMA, through the Florida Department of Community Affairs, will provide $20,000 by means of a 75% - 25% matching grant. The County's 25% match will be in the form of "in kind" services provided by the Emergency Management Department. The project must be completed within six months of execution of the actual contract. FISCAL IMPACT: If the application is approved, an increase of $20,000 to the Emergency Management Grant Budget, Fund 118, for Fiscal Year 2003. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve an Emergency Management Department application for a $20,000 matching grant (75/25) offered by the Florida Department of Community Affairs. The purpose of the grant is to revise and update the Local Mitigation Strategy to corrj, ply with the Disaster Mitigation Act of 2000. ~-~ ~ /1 Rich~vc~lo s~~elrgency anagement Coordinator APPROVED~ ~,~ Date: Kenneth F. P. ineau, CEM FPEM, Emergency Management Director i ATTACHMENT A 1. Applicant: STATE OF FLORIDA - HAZARD MITIGATION GRANT PROGRAM MITIGATION PLANNING APPLICATION Collier County 2. State Legislative District(s):2 5,3 9,7 5,7 §, 7 7,101,1 l(~ongressionaI District(s): 14, 2 5 3. Federal Tax I.D. Number:. FIPS Code: 0 12 0 ?. 1 (if your FIPS code is not known, please fill out FEMA Form 90-49 so that the Department may obtain a FIPS code for you) Richard FIRST NAME: Do you plan on using the Mitigation 20/20 software? ~X COUNTY POINT OF CONTACT TITLE: £mer§ency A. MI: 3301 East Tamiami Trail STREET ADDRESS: CITY: Naples STATE: FL TELEPHONE: (239) 774-8416 FAX:(239) 775- 5008 6. Do you intend forthe State to directly contract with a consultant? [] yes [] no Hanagement Coordinator LAST NAME: Zyvoloski ZIP: 34112 EMAiLgichardZyvoloski@colliergov. net yes ~X no 7. If your county has identified a consultant to do your Mitigation Planning revisions please complete the following: 8. -POTENTIAL APPLICANT (CONSULTING ENTITY): POINT OF CONTACT TITLE: FIRST NAME: MI: LAST NAME: STREET ADDRESS: CITY: STATE: ZIP: TELEPHONE: FAX: EMAIL: 9. COUNTY, S DULY AUTHORIZED REPRESENTATIVE* (proof of authorization to sign contracts required): ~nalrman, Board of TllLE:COunty Commissioners FIRST NAME: Tom LAST NAME: Hennin,~ 3301 East Tamiami Trail SIREET ADDRESS: CITY: Naples STATE: FL ZIP: 34112 TELEPHONE: C239)774-8097 FAX: (2393 774-3602 SIGNATURE: DATE: 'INDIVIDUAL WITH LEGAL SIGNING AUTHORITY FOR THE RESPECTIVE COUNTY (e.g., THE CHAIRPERSON, SOARD OF COUNTY COMMISSIONERS OR THEIR DESIGNEE) HAY 2 7 2003 pg. 4:~ ATTACHMENT B Scope of Work Purpose. The Recipient shall submit a revised Local Mitigation Strategy (IJvIS) document (hereafter referred to as the "Plan") that is in compliance with the local hazard mitigation requirements as specifed in the document entitled Draft Local Hazard Mitigation Plan Minimum Standards of Acceptability Region IV (hereafter referred to as the "Region IV Minimum Standards"). This document is the FEMA Region IV interpretation of Section 322 of the Disaster Mitigation Act of 2000 (DMA2K) as implemented in the Interim Final Rule (44CFR, Part 201). The deliverables contained in this Scope of Work are based on the criteria as described in the Region IV Minimum Standards and numerical references used with the deliverables such as 3.1.3 and 44 CFR 201.6(a)(3) refer to a specific criterion or group of criteria described in the Region IV Minimum Standards. Payment and Deliverables Schedule This is a fixed-fee contract. The Department will pay the amount agreed to for each deliverable upon receipt of that deliverable and a finding by the Department that the deliverable meets the criteria referred to above. Each invoice for payment must be accompanied by the deliverable and documentation of the local match. For cash match, acceptable documentation will be a copy of the journal entry or a cancelled check. For in-kind match, acceptable documentation will be a completed copy of the Florida Division of Emergency Management In-Kind Service Labor Summary Record (see attached). The final deliverable shall be an updated, revised and compiled LMS document. _ First-Deliverable Suggested Timeframe: 1 month from the contract execution date Recipient Time Frame: 1. Sm(~-.from the contract execution date Estimated Cost of Deliverable: $ Z ~ 0 0 0 Within the pedod specified, the Recipient shall provide the Department with the First Deliverable, which shall include the criteria specified below with sufficient information and/or documentation to satisfy the Region IV Minimum Standards for each criterion. Multi-Jurisdic~nal Plannin,q Participatioq [3.1.3] 44 CFR 201.6(a)(3)-The Plan must document how each jurisdiction participated in the planning process. Jurisdiction is defined as each municipal incorporation including the county as it represents the unincorporated areas. _Plann~ [3.2] 44 CFR 201.6(b)-The Plan must document open public involvement in the planning process including the following: 44 CFR 201.6(b)(1)-The Plan must provide and document that the public was given an opportunity to comment on the plan. The plan must document that at a minimum one public meeting after the completion of the draft and pdor to the plan's approval were conducted to solicit formal comments on the plan. In addition the Plan must document the community's efforts to solicit comments from those residents who did not attend the public meetings. AGENDAJTEM No. // / MAY 27 2003 pg. ~ 44 CFR 201.6(b)(2)-The Plan must provide and document that neighboring communities, local and regional agencies involved in hazard mitigation activities, agencies that have the authority to regulate development, businesses, academia and other private and non-profit interests were invited and encouraged to actively participate in the planning process. 44 CFR 201.6(b)(3)- The Plan must include documentation, where appropriate, that existing plans, studies, reports, and technical information were reviewed and incorporated into the plan. This documentation must include FMA and CRS plans, if applicable Documentation of Planning Process [3.2.1] 44 CFR 201.6(c)(1)- The Plan shall include a description of the planning process used to develop the plan, including how it was prepared, who was involved in the process, and how the public was involved. Second Deliverable Suggested Timeframe: 3 months from the contract execution date Recipient Timeframe: 4 mos from the contract execution date Estimated Cost of Del/verable: $ 3,0 0 0 Within the pedod specified, the Recipient shall provide the Department with the Second Deliverable, which shall include the criteria specified below with sufficient information and/or documentation to satisfy the Region IV Minimum Standards for each criterion. Risk Assessment (3.3) Identifying Hazards [3.3.1] 44 CFR 201.6(c)(2)(i)-The Plan must include a description of the type of all natural hazards that can affect the jurisdiction. At a minimum the Plan must address the following hazards: Earthquakes; Tsunamis; Coastal and Rivedne Erosion; Landslides/Sinkholes; Hurricanes and Coastal Storms; Severe Storms/Tornadoes; Floods; Wildfires; Dam/Levee Failure; Drought/Heat Wave; and Winter Storms/Freezes. The description must document how any additional hazards were identified. If any of the above hazards are excluded, the Plan must document why they were excluded from the judsdiction's hazard analysis. Profiling Hazard Events [3.3.2] 44 CFR 201.6(c)(2)(i)-The Plan must include a description of the location and extent of each identified hazard that can affect the jurisdiction. The plan shall include information on previous occurrences of hazard events and on the probability of future hazard events for each identified hazard. When appropriate, the hazard analysis should also identify on a map the areas affected by each identified hazard. Assessin,q Vulnerabil~y: Identifyin,q Assets [3.3.3] 44 CFR 201.6(c)(2)0~-The Plan shall contain a description of the jurisdiction's vulnerability to each identified hazard. The description shall include an overall summary of each idenlJfied hazard and its impact on the community. 44 CFR 201.6(c)(2)(iO(A)-The plan should describe vulnerability in terms of the types and numbers of existing buildings, infrastructure, and critical facilities located in each identified hazard area. A MAY 2 7 2003 rationale for designating a facility as critical shall be included in this section. In the first update of the plan the vulnerability description should also include a discussion of future buildings infrastructure and critical facilities, and the potential human and economic impact that each identified hazard would have on the jurisdiction. Assessin.q Vulnerability: Estimatin.q Potential Losses [3.3.4] 44 CFR 201.6(c)(2)(ii)(B)-The Plan should describe vulnerability in terms of an estimate for each identified hazard of the potential dollar losses to vulnerable structures identified in Section 3.3.3 and a description of the methodology used to prepare the estimates. Assessinq Vulnerability: AnalyzincI Development Trends [3.3.5] 44 CFR 201.6(c)(2)(ii)(C)- The Plan should provide a general description of land uses and development trends within the ju~sdiction so that mitigation options can be considered in future land use decisions. Multi-Jurisdictional Risk Assessment [3.3.6] 44 CFR 201.6(c)(2)(ii~- Multi-jurisdictional plans must assess each judsdiction's dsks where they vary from the risks facing the entire planning area for each identified hazard. Third Deliverable. Suggested Timeframe: 4 months from the contract execution date Recipient Timeframe: 4 .~mn from the contract execution date Estimated Cost of Deliverable: $3.3,0 0 0 Within the pedod specified, the Recipient shall provide the Department with the Third Deliverable, which shall include the criteda specified below with sufficient information and/or documentation to satisfy the Region IV Minimum Standards for each criterion. Mifi.qation Stratecl¥ [3.4] 44 CFR 201.6(c)(3)-The Plan must include a mitigation strategy that provides the judsdiction's blueprint for reducing the potential losses identified in the risk assessment based on existing authorities, policies, programs and resources, and its ability to expand on and improve these existing tools. The Mitigation Strategy shall address FEMA's Floodplain Map Modernization Program and Repetitive Loss Initiative including: pdoritization of mitigation measures towards repetitive loss properties; fulfillment of CRS planning requirements, and FEMA's on-going field and database verification projects for repetitive loss properties. Local Hazard Mitiqation Goals [3.4~1] 44 CFR 201.6(c)(3)(i)-The Plan shall include a description of mitigation goals to reduce or avoid long-term vulnerabilifies to the identified hazards. MAY-2 7 2003 Pg._ ~ Identification and Analysis of Miti,qation Measures [3.4.2] 44 CFR 201.6(c)(3)(ii)-The Plan shall include a section that identities, evaluates, and analyzes a comprehensive range of specific mitigation actions and projects being considered to reduce the effects of each hazard identified, with particular emphasis on new and existing buildings and infrastructure. Implementation of Mitifq. ation Measures [3.4.3] 44 CFR 201.6(c)(3)(ii~-The plan shall include an action plan describing how the actions identified will be prioritized, implemented, and administered by the local jurisdiction. This Section shall include the implementation timeline; the funding sources or other resources that will be used to implement the strategy, when possible; and the agency or personnel responsible for caring out these actions. For FEMA program funding these mitigation measures must be cost effective, environmentally sound and technically feasible. The local jurisdiction and the State must prioritize the measures based on these criteria. Multi-Jurisdictional Mitigation Strate.qy [3.4.4] 44 CFR 201.6(c)(3)(iv)- Multi-jurisdictional plans must contain individual action items for each jurisdiction requesting FEMA approval of or credit for the plan. For FEMA program funding these mitigation measures must be cost effective, environmentally sound and technically feasible. The local jurisdiction and the State must prioritize the measures based on these criteria. Plan Maintenance Procedures (3.5) Monitodn,q, Evaluating, and Updatin.q the Plan [3.5.1] 44 CFR 201.6(c)(4)(i)-The Plan must contain a section describing the method and schedule of monitoring, evaluating and updating the mitigation plan within a five year cycle. 44 CFR 201.6(d)(2) and 44 CFR 201.6(d)(3)-The Plan must be reviewed and revised, if appropriate, by the local jurisdiction and resubmitted to the State Hazard Mitigation Officer for initial review and coordination within five years of a plan's or a plan's update approval by FEMA. Implementation ThrouRh ExistJn.q Pro.qram [3.5.2] 44 CFR 201.6(c)(4)(i~- The Plan must include a description of the process by which local jurisdictions incorporate the requirements of the mitigation plan into other planning mechanisms such as comprehensive or capital improvement plans, when appropriate. Continued Public Involvement [3.5.3] 44 CFR 201.6(c)(4)(ii~- The Plan shall include a discussion on how the community will continue public participation in the ongoing mitigation planning process. MAY 2 7 2003 pg. 5 Fourth Deliverable Suggested Timeframe: 5 months from the contract execution date Redpient Timeframe: 6 mos. from the contract execution date Estimated Cost of Deliverable: $ / , 0 0 0 Within five (5) months of the contract date, the Recipient shall submit the Department the Fourth Deliverable, a revised Local Mitigation Strategy (I_MS) ready for submission to FEMA for review and approval that fulfills all the requirements for local hazard mitigation plans. The LMS must be accompanied by the attached FEMNState Score Sheet and Crosswalk, with the page numbers of the appropriate sections of the LMS filled in under each criterion. PJease note that that requirement for formal adoption by each part~cipating jurfsdiction set forth below is outside the scope of this contract. LMS Working Groups may want to delay presenting the plan to the jurisdictions for adoption until FEMA approves the substance of the plan. Multi-Jurisdictional Plan Adoption [3.1.2] 44 CFR 201.6(c)(5)- Multi-jurisdictional Plans shall include a copy of the executed resolution formally adopted by the governing bodies of each of the jurisdictions requesting approval of the plan. Fundin,q Requirements: 75% federal funds (this amount cannot exceed $20,000); 25% tocal match (local match may be cash or in-kind services or any combination of the two). Please provide a project cost breakdown and specify how the Recipient intends to meet the local match. It is understood that this local match breakout is for planning purposes only and the actual relationship of cash to in-kind services may vary due to circumstance. Total Project Cost Federal Share Local Match Cash In-kind AC~NDAJ~'EM No. /~_ MAY 2 7 2003 pg._ "AGENDA~_~J~M ~- MAY 2 7 2003-'~ ATTACHMENT D FEMA/STATE OF FLORIDA JOINT LOCAL MITIGATION PLAN CRITERIA, SCORE-SHEET & CROSSWALK LMS County: LMS Contact Info Name: Address: Telephone: E-mail: 3.1 3.1.1 Prerequisites Adoption by the Local Governing Body 44 CFR 201.6(c)(5) N/A The Plan shall include a copy of the executed resolution formally adopted by the governing body of the jurisdiction requesting approval of the plan. Does not apply to the State of Florida. See 3.1.2 below. 3.1.2 Multi-Jurisdictional Plan Adoption 44 CFR 201.6(c)(5) Satisfactory/Unsatisfactory Multi-jurisdictional Plans shall include a copy of the executed resolution formally adopted by the governing bodies of each of the jurisdictions requesting approval of the plan. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: HAY2720~3 I 3.1.3 Multi-Jurisdictional Planning Participation 44 CFR 201.6(a)(3) Satisfactory/Unsatisfactory Mu~ti-jurisdictional plans may be accepted, as appropriate, as long as each jurisdiction has participated in the planning process. Statewide plans will not be accepted as multi-jurisdictional plans. The Plan must document how each jurisdiction participated in the planning process. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 2 ,~(3END,a,~tTE M No. ,~/'"'/-,, '-- ,tO./ MAY 2 7 2003 Pg. // 3.2 The Planning Process 44 CFR 201.6(b) Requires that the Plan document open public involvement in the planning process. In order to develop a more comprehensive approach to reducing the effects of natural disasters, the planning process shall include the following: 44 CFR 201.6(b)(1) Satisfactory/Unsatisfactory The Plan must provide and document that the public was given an opportunity to comment on the Plan. At a minimum, the community will conduct one public meeting during the drafting stage and one public meeting after the completion of the draft and prior to the Plan's approval to solicit formal comments on the Plan. In addition, the Plan must document the community's efforts to solicit comments from those residents who did not attend the public meetings. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 44 CFR 201.6(b)(2) Satisfactory/Unsatisfactory The Plan must provide and document that neighboring communities, local and regional agencies involved in hazard mitigation activities, agencies that have the authority to regulate development, businesses, academia and other private and non-profit interests were invited and encouraged to actively participate in the planning process. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 44 CFR 201.6(b)(3) Satisfactory/Unsatisfactory The Plan must include documentation, where appropriate, that existing plans, studies, reports, and technical information were reviewed and incorporated into the plan. This documentation must include Flood Mitigation Assistance and Community Rating System plans, if applicable. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: HAY 2 7 pg. /<~ . 3.2.1 Documentation of the Planning Process 44 CFR 201.6(c)(1 ) Satisfactory/Unsatisfactory The Plan shall include a description of the planning process used to develop the Plan, including how it was prepared, who was involved in the process, and how the public was involved. Section and £age number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 4 / rj,t MAY 2 7 2003 /.3 , 3.3 3.3.1 Risk Assessment Identifying Hazards 44 CFR 201.6(c)(2)(i) Satisfactory/Unsatisfactory The PIan must include a description of the type of all natural hazards that can affect the jurisdiction. At a minimum, the Plan must address the following hazards: Earthquakes; Tsunamis; Coastal and Riverine Erosion; Landslides/Sinkholes; Hurricanes and Coastal Storms; Severe Storms/Tornadoes; Floods; Wildfires; Dam/Levee Failure; Drought/Heat Wave; and Winter Storms/Freezes. The description must document how any additional hazards were identified. If any of the above hazards are excluded, the Plan must document why they were excluded from the jurisdiction's hazard analysis. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 3.3.2 Profiling Hazard Events 44 CFR 201.6(c)(2)(i) Satisfactory/Unsatisfactory The Plan must include a description of the location and extent of each identified hazard that can affect the jurisdiction. The Plan shall include information on previous occurrences of hazard events and on the probability of future hazard events for each identified hazard. When appropriate, the hazard analysis should also identify on a map the areas affected by each identified hazard. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: ·/0, t HAY 2 7 2093 Pg._ /~ 3.3.3 Assessing Vulnerability: Identifying Assets 44 CFR 201.6(c)(2)(ii) Satisfactory/Unsatisfactory The Plan shall contain a description of the jurisdiction's vulnerability to e~ch identified hazard. The description shall include an overall summary of each identified hazard and its impact on the community. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 44 CFR 201.6(c)(ii)(A) Satisfactory/Unsatisfactory The Plan should describe vulnerability in terms of the types and numbers of existing buildings, infrastructure, and critical facilities located in each identified hazard area. A rationale for designating a facility as critical shall be included in this section. In the first update of the Plan, the vulnerability description should also include a discussion of future buildings' infrastructure and critical facilities, and the potential human and economic impact that each identified hazard would have on the jurisdiction. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 3.3.4 Assessing Vulnerability: Estimating Potential Losses 44 CFR 201.6(c)(ii)(B) Satisfactory/Unsatisfactory The Plan should describe vulnerability in terms of an estimate for each identified hazard of the potential dollar losses to vulnerable structures identified in Section 3.3.3 and a description of the methodology used to prepare the estimates. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 6 HAT 2 ? 20 3 3.3.5 Assessing Vulnerability: Analyzing Development Trends 44 CFR 201.6(c)(2)(ii)(C) Satisfactory/Unsatisfactory The Plan should provide a general description of ~and uses and development trends within the jurisdiction so that mitigation options can be considered in future land use decisions. Section and page number where information can be fouttd within your County's Plan: FEMA & STATE JOINT COMMENTS: 3.3.6 Multi-Jurisdictional Risk Assessment 44 CFR 201.6(c)(2)(iii) Satisfactory/Unsatisfactory Multi-jurisdictional plans must assess each jurisdiction's dsks where they vary from the risks facing the entire planning area for each identified hazard. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: A(3ENDA~'EM r'~ No. // llP,/ MAY pg. 3.4 Mitigation Strategy 44 CFR 201.6(c)(3) Satisfactory/Unsatisfactory The Plan must include a mitigation strategy that provides the judsdiction's blueprint for reducing the potential losses identified in the risk assessment based on existing authorities, policies, programs and resources, and its ability to expand on and improve these existing tools. The Mitigation Strategy shall address FEMA's Floodplain Map Modernization Program and Repetitive Loss Initiative including: prioritization of mitigation measures towards repetitive loss properties; fulfillment of CRS planning requirements, and FEMA's on-going field and database verification projects for repetitive loss properties. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 3.4.1 Local Hazard Mitigation Goals 44 CFR 201.6(c)(3)(i) Satisfactory/Unsatisfactory The Plan shall include a description of mitigation goals to reduce or avoid long-term vulnerabilities to the identified hazards. Section and page number where infortnation can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 3.4.2 Identification And Analysis of Mitigation Measures 44 CFR 201.6(c)(3)(ii) Satisfactory/Unsatisfactory The Plan shall include a section that identifies, evaluates, and analyzes a comprehensive range of specific mitigation actions and projects being considered to reduce the effects of each hazard identified in Section 3.3.1 above, with particular emphasis on new and existing buildings and infrastructure. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: HAY 2 7 2003 .o. 3.4.3 Implementation of Mitigation Measures 44 CFR 201.6(c)(3)(iii) Satisfactory/Unsatisfactory The Plan shall include an action plan describing how the actions identified in Section 3.4.2 will be prioritized, implemented, and administered by the local jurisdiction. This Section shall include the implementation timeline; the funding sources or other resources that will be used to implement the strategy, when possible; and the agency or personnel responsible for carrying out these actions. For FEMA program funding these mitigation measures must be cost effective, environmentally sound and technically feasible. The local jurisdiction and the State must prioritize the measures based on these criteria. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 3.4.4 Multi-Jurisdictional Mitigation Strategy 44 CFR 201.6(c)(3)(iv) Satisfactory/Unsatisfactory Multi-jurisdictional plans must contain individual action items for each jurisdiction requesting FEMA approval of or credit for the plan. For FEMA program funding these mitigation measures must be cost effective, environmentally sound and technically feasible. The local jurisdiction and the State must prioritize the measures based on these criteria. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: NAY' 2 7 2003 3.5 3.5.1 3.5.2 3.5.3 Plan Maintenance Procedures Monitoring, Evaluating and Updating the Plan 44 CFR 201.6(c)(4)(i) Satisfactory/Unsatisfactory The Plan must contain a section describing the method and schedule of monitoring, evaluating and updating the Mitigation Plan within a five-year cycle. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 44 CFR 201.6(d)(2) a 44 CFR 201.6(d)(3) Satisfactory/Unsatisfactory The Plan must be reviewed and revised, if appropriate, by the local jurisdiction and resubmitted to the State Hazard Mitigation Officer for initial review and coordination within five years of a plan's or a plan's update approval by FEMA. Section and page number where information can be found within .},our County's Plan: FEMA & STATE JOINT COMMENTS: Implementation Through Existing Programs 44 CFR 201.6(c)(4)(ii) Satisfactory/Unsatisfactory The Plan must include a description of the process by which local jurisdictions incorporate the requirements of the Mitigation Plan into other planning mechanisms such as comprehensive or capital improvement plans, when appropriate. Section and page nutnber where inforntation can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: Continued Public Involvement 44 CFR 201.6(c)(4)(iii) Satisfactory/Unsatisfactory The Plan shall include a discussion on how the community will continue public participation in the ongoing mitigation planning process. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 10 AGEND~'TEM No. /Z~. g. , MAY 2 ATTACHMENT E DRAFT Tile LOCAL MITIGATION PLAN MI1NIMUM STANDARDS OF ACCEPTABILITY REGION IV General Considerations For the initial review of Local Mitigation Plans under Section 322 of the Disaster Mitigation Act of 2000 (Section 322), Region IV will only utilize the satisfactory and unsatisfactory categories on the Plan Criteria Worksheet. Comments will be submitted to the State for both categories. Unless otherwise changed, .future updates of the Plan will utilize the full evaluation system (consisting of unsatisfactory, needs improvement, satisfactory and outstanding) in reviewing the Plan. If the Local Jurisdiction references a document in its Local Mitigation Plan and does not attach a copy of the same to the Plan, the Local Jurisdiction must insure that Region IV has a copy of the document on file at the Regional Office. 44 CFR 206.1(a)(1)-For disasters declared after November 1, 2003, a local government must have a mitigation plan approved pursuant to this section in order to receive Hazard Mitigation Grant Program (HMGP) project grants. Until November 1, 2003, local mitigation plans may be developed concurrent with the implementation of the HMGP project grants. 44 CFR 206(a)(2)- Regional Directors may grant an exception to the plan requirement in extraordinary circumstances when justification is provided. This justification must clearly document the actions taken by the community to meet the Section 322 planning requirements and all circumstances that hindered the community's ability to produce a local mitigation plan. In these cases, a plan must be completed within 12 months of the award of the project grant. Ifa plan is not provided within this timeframe, enforcement remedies pursuant to 44 CFR 13.43(a) shall apply. AGE..ND~TEM NAY 2 7 2353 Pg.,. ~{~ 3.1 3.1.1 3.1.2 3.1.3 3.2 Prerequisites Adoption by the Local Governing Body 44 CFR 201.6(cX5)-- The Plan shall include a copy of the executed resolution formally adopted by the governing body of the jurisdiction requesting approval of the plan. Multi-Jurisdictional Plan Adoption 44 CFR 201.6(c)(5)- Multi-jurisdictional Plans shall include a copy of the executed resolution formally adopted by the governing bodies of each of the jurisdictions requesting approval of the plan. Multi-Jurisdictional Planning Participation 44 CFR 201.6(a)(3)- Multi-jurisdictional plans may be accepted, as appropriate, as long as each jurisdiction has participated in the planning process. Statewide plans will not be accepted as multi-jurisdictional plans. The Plan must document how each jurisdiction participated in the planning process. The Planning Process 44 CFR 201.6(b) Requires that the Plan document open public involvement in the planning process. In order to develop a more comprehensive approach to reducing the effects of natural disasters, the planning process shall include the following: 44 CFR 201.6(b)(1) The Plan must provide and document that the public was given an opportunity to comment on the plan. At a minimum, the community will conduct one public meeting during the drafting stage and one public meeting after the completion of the draft and prior to the plan's approval to solicit formal comments on the plan. In addition, the Plan must document the community's efforts to solicit comments from those residents who did not attend the public meetings. 44 CFR 201.6(b)(2) The Plan must provide and document that neighboring communities, local and regional agencies involved in hazard mitigation activities, agencies that have the authority to regulate development, businesses, academia and other private and non-profit interests were invited and encouraged to actively participate in the planning process. 2 MAY 2 7 2003 3.2.1 3.3 3.3.1 3.3.2 3.3.3 44 CFR 201.6(b)(3) The Plan must include documentation, where appropriate, that existing plans, studies, reports, and technical information were reviewed and incorporated into the plan. This documentation must include Flood Mitigation Assistance and Community Rating System plans, if applicable. Documentation of the Planning Process 44 CFR 201.6(c)(1)- The Plan shall include a description of the planning process used to develop the Plan, including how it was prepared, who was involved in the process, and how the public was involved. Risk Assessment Identifying Hazards 44 CFR 201.6(c)(2)(i)- The Plan must include a description of the type of all natural hazards that can affect the jurisdiction. At a minimum, the Plan must address the following hazards: Earthquakes; Tsunamis; Coastal and Riverine Erosion; Landslides/Sinkholes; Hurricanes and Coastal Storms; Severe Storms/Tornadoes; Floods; Wildfires; Dam/Levee Failure; Drought/Heat Wave; and Winter Storms/Freezes. The description must document how any additional hazards were identified. If any of the above hazards are excluded, the Plan must document why they were excluded from the jurisdiction's hazard analysis. Profiling Hazard Events 44 CFR 201.6(c)(2)(i)- The Plan must include a description of the location and extent of each identified hazard that can affect the jurisdiction. The Plan shall include information on previous occurrences of hazard events and on the probability of future hazard events for each identified hazard. When appropriate, the hazard analysis should also identify on a map the areas affected by each identified hazard. Assessing Vulnerability: Identifying Assets 44 CFR 201.6(c)(2)(ii)- The Plan shall contain a description of the jurisdiction's vulnerability to each identified hazard. The description shall include an overall summary of each identified hazard and its impact on the community. I AT 2 7 3.3.4 3.3.5 44 CFR 201.6(c)(ii)(A)-The Plan should describe vulnerability in terms of th6 ' types and numbers of existing buildings, infrastructure, and critical facilities located in each identified hazard area. A rationale for designating a facility as critical shall be included in this section. In the first update of the Plan, the vulnerability description should also include a discussion of future buildings' infrastructure and critical facilities, and the potential human and economic impact that each identified hazard would have on the jurisdiction. Assessing Vulnerability: Estimating Potential Losses 44 CFR 201.6(c)(ii)(B)- The Plan should describe vulnerability in terms of an estimate for each identified hazard of the potential dollar losses to vulnerable structures identified in Section 3.3.3 and a description of the methodology used to prepare the estimates. Assessing Vulnerability: Analyzing Development Trends 44 CFR 201.6(c)(2)(ii)(C)- The Plan should provide a general description of land uses and development trends within the jurisdiction so that mitigation options can be considered in future land use decisions. Multi-Jurisdictional Risk Assessment 44 CFR 201.6(c)(2)(iii)- Multi-jurisdictional plans must assess each jurisdiction's risks where they vary from the risks t3.cing the entire planning area for each identified hazard. 3.4 Mitigation Strategy 44 CFR 201.6(c)(3)- The Plan must include a mitigation strategy that provides the jurisdiction's blueprint for reducing the potential losses identified in the risk assessment based on existing authorities, policies, programs and resources, and its ability to expand on and improve these existing tools. The Mitigation Strategy shall address FEMA's Floodplain Map Modernization Program and Repetitive Loss Initiative including: prioritization of mitigation measures towards repetitive loss properties; fulfillment of CRS planning requirements, and FEMA's on-going field and database verification projects for repetitive loss properties. 3.4.1 Local Hazard Mitigation Goals 44 CFR 201.6(c)(3Xi)- The Plan shall include a description of mitigation goals to reduce or avoid long-term vulnerabilities to the identified hazards. 2 1 2003 3.5 3.4.2 Identification And Analysis of Mitigation Measures 44 CFR 201.6(c)(3)(ii)- The Plan shall include a section that identifies, evaluates, and analyzes a comprehensive range of specific mitigation actions and projects being considered to reduce the effects of each hazard identified in Section 3.3.1 above, with particular emphasis on new and existing buildings and infrastructure. 3.4.3 Implementation of Mitigation Measures 44 CFR 201.6(c)(3)(iii)- The Plan shall include an action plan describing how the actions identified in Section 3.4.2 will be prioritized, implemented, and administered by the local jurisdiction. This Section shall include the implementation timeline; the funding sources or other resources that will be used to implement the strategy, when possible; and the agency or personnel responsible for carrying out these actions. For FEMA program funding these mitigation measures must be cost effective, environmentally sound and technically feasible. The local jurisdiction and the State must prioritize the measures based on these criteria. 3.4.4 Multi-Jurisdictional Mitigation Strategy 44 CFR 201.6(c)(3)(iv)- Multi-jurisdictional plans must contain individual action items for each jurisdiction requesting FEMA approval of or credit for the plan. For FEMA program funding these mitigation measures must be cost effective, environmentally sound and technically feasible. The local jurisdiction and the State must prioritize the measures based on these criteria. Plan Maintenance Procedures 3.5. I Monitoring, Evaluating and Updating the Plan 44 CFR 201.6(c)(4)(i)- The Plan must contain a section describing the method and schedule of monitoring, evaluating and updating the Mitigation Plan within a five-year cycle. 44 CFR 201.6(d)(2) and 44 CFR 201.6(d)(3)- the Plan must be reviewed and revised, if appropriate, by the local jurisdiction and resubmitted to the 5 MAY 2 7 20O3 3.5.2 3.5.3 State Hazard Mitigation Officer for initial review and coordination within five years of a plan's or a plan's update approval by FEMA. ' Implementation Through Existing Programs 44 CFR 201.6(c)(4Xii)- The Plan must include a description of the process by which local jurisdictions incorporate the requirements of the Mitigation Plan into other planning mechanisms such as comprehensive or capital improvement plans, when appropriate. Continued Public Involvement 44 CFR 201.6(c)(4)(iii)- The Plan shall include a discussion on how the community will continue public participation in the ongoing mitigation planning process. 2 1 2003 EXECUTIVE SUMMARY APPROVE AN AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY IN THE AMOUNT OF $17,802 TO FUND THE CITIZENS CORPS PROGRAM AND APPROVE A BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATE THE REVENUE OBJECTIVE: Board of Collier County Commissioners approval and acceptance of Agreement #03CC-96-09-21-01-429 between Collier County and the State of Florida, Department of Community Affairs to fund the County's Citizens Corps program and its associated emergency preparedness activities. CONSIDERATIONS: In November of 2002, Collier County established a Citizens Corps Advisory Committee to the Board of County Commissioners. In February, 2003, the U.S. Department of Homeland Security, through the Department of Community Affairs, made funding available to help with operating costs and to improve and expand the emergency preparedness activities of this program. The Collier County Citizens Corps program currently includes leadership from volunteer organizations, first responders, business and industry in Collier County. The $17,802 is being provided to help pay for operating costs, equipment, training and printing costs of preparedness materials. FISCAL IMPACT: Increase of $17,802 to the Emergency Management Grant Fund (fund 118) for Fiscal Year 2003. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve Agreement #03CC-96-09-21-01-429 between the State of Florida, Department of Community Affairs in the amount of $17,802 to fund the Collier County Citizens Corps program and approve a budget amendment to recognize and appropriate the revenue. James J. von Rinte'l~n, FPEM, ~EM., Emergency Managemen~ CoOrdinator DB~~~' ~ Date: _~-'~',~ ~' APPROVKennethE F. i~au, FPEM, CEM, Emergency Management Director AGENDA No. // I~ MAY 2 7 2003 Contract Number: 03CC-96-09-21-01-429 CFDA Number: 83.564 FEDERALLY FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Flodda, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Collier County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the federal government, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) BUDGET AND SCOPE OF WORK The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT This Agreement shall begin on the date of the fund offering letter, and shall end November 30, 2003, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. Final requests for reimbursement shall be submitted no later than fifteen (15) days after the I "A(:~.~D~'~EM ','-') No. //_ .C; -~"~ HAY 2 7 2003 termination date of the Agreement. Any requests received after December 15, 2003, may in the discretion of the Department, not be reimbursed form this Agreement. Reimbursement requests Shall not be submitted by fascimile tranmission. (4) MODIFICATION OF CONTRACT: REPAYMENTS Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with § 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whiche;er is greater. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow lr~ot I MAY 2 7 2003 the Department or its designee, Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year pedod and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local "Agents" shall include, but not be limited to, auditors retained by the time, on Monday through Friday. Department. (6) REPORTS (a) At a minimum, the Recipient shall provide the Department with monthly reports, and with a close-out report as set forth in Attachment E. (b) Monthly reports are due to be received by the Department no later than 10 days after the end of each month of the contract period and shall continue to be submitted each month until submission of the administrative close-out report. HAY272003 I (c) The close-out report is due 15 days after termination of this Agreement or upon completion of the activities contained in this Agreement. (d) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within 30 days after written notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. (e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. (f) The Recipient shall provide additional reports and information as identified in Attachment E. (7) MONITORING The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work are being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDIT REQUIREMENTS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entedng into this Agreement, the Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient 4 / AGENDA ITEM' HAY 2 7 2003 Pg,. J regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Contractor throughout the contract term to ensure timely completion of all tasks. (8) LIABILITY (a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT; REMEDIES; TERMINATION (a) If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 5 AGENDA~TEM ,--3 MAY 2 ? '2003 pg. ~> 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed' or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days pdor written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non- AGEN DAJ,TE M "'") No. //' ¢,, ~ 2003 P~;. r~ compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise available under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat., as amended. Notification of suspension or termination shall include notice of administrative headng rights and time frames. (e) In addition to any other remedies, the Recipient shall return to the Department any funds which were used for ineligible purposes under the program laws, rules, and regulations governing the use of the funds under the program. (f) This Agreement may be terminated by the wdtten mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (10) NOTICE AND CONTACT 7 a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representatige identified below at the address set forth below and said notification attached to the original of this Agreement. b) The name and address of the Deparlxnent contract manager for this Agreement is:, Telephone: Fax: Email: c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: James von Rinteln. Coordinator Collier Coun _ty Ememency Management Department 3301 E. Tamiami Trail, Bldg F Naples. FL 34112 Telephone: Fax: Email: 239-774-8444 239-775-5008 j amesvonrinteln~colliergov.net d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (10)(a) above. (11) OTHER PROVISIONS a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed MAY 2 7 2003 Pg. null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any dght or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or ex'tend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list imay not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor or discriminatory vendor list. (g) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 'AG~DAJ;:rE M ~ ". MAY 2 7' 2003 2. have not, within a five-year pedod preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of , embezzlement, theft, forgery, bdbery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 11 (g)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certi~ to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. (12) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the reCeipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $300,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in A(3ENDA 1T_~M HAY 2 ? 2003 accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in Paragraph 12 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Flodda 32399-2100 and Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 11 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit C~earinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10'h Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (0, OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A- 133, Florida Statutes, and Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. 12 ' AGENoA~EM ~.~ No. // ~,,*' ~'~ /(~. [ MAY 2 7 2003 (i) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a pedod of five years from the date the audit report is issued, and Shall allow the Department, or its designee, the Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. (j) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance With the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (k) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. (I) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (13) SUBCONTRACTS (a) If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. 13 NAY 2 7 2003 pg. (14) TERMS AND CONDITIONS The Agreement contains all the terms and conditions agreed upon by the parties. (15) A'i-FACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Program Statutes and Regulations Attachment C - Assurances Attachment D - Justification of Advance Attachment E - Reports (16) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $ 1_7,802 subject to the availability of funds. (b) Any advance payment under this Agreement is subject to s. 216.181(16), Flodda Statutes. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment D. 14 Attachment D will specify the amount of advance payment needed and provide an explanation, of the necessity for and proposed use of these funds. 1. J No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (17) STANDARD CONDITIONS The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (b) If otherwise allowed under this Agreement, the Agreement may be renewed on a yearly basis for a period of up to two (2) years after ~he initial agreement or for a period no longer than the term of the odginal agreement, whichever period is longer, specifying the terms under which the cost may change as determined in the invitation to bid, request for proposals, or pertinent statutes or regulations. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (e) The Department of Community Affairs reserves the dght to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other matedal subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. 15 AGEN[:k~EM No. / ~;;~1 MAY 2 7 2003 (f) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (g) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (18) LOBBYING PROHIBITION (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by [he Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief:. 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entedng into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall MAY 2 ? 2003 /'7 complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at ali tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a matedal representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (19) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all dghts and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Flodda. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the 17 MAY 2 ? Departrr,3,,t. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Flodda. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the dght to all patents and copyrights which occur during performance of the Agreement. 20) LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned pcssesses the authority to legally execute and bind Recipient to the terms of this Agreement. (21) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment C. (22) VENDOR PAYMENTS Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of.an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the pursuant warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. 18 HAY 2 7 2003 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Date: Tom Henning, Chairman FEID # 59-6000558 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS By: Date: ATTEST: By: Dwight E. Brock, Clerk ( Deputy Clerk ) Approved as to Form and Legal Sufficiency By: ( L, ~,', ' ~ ' ~ ': AsSistant County Attorney 'q 19 MAY272003 I EX;?iZBi~ - 1 FEDERAL RESOURCES AWARDED T ~ ?HE .~C,~ CLPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: :VOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: ,VOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: 1. First applicable compliance requirement (e.g., what services/purposes resources must be used for ). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. NO TE: Instead of listing th e specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For ~xample, for Federal Program 1, the language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s} that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: :VOTE: If the resources awarded to the recipient for matching represent more than one Federal vro~ram, t~rovide the same information shown below for each Federal program and show total State resources awarded for matching. Federal Program (list Federal agency~ Catalog of Federal Domestic Assistance title and number SUBJECT TO SECTION 215.97~ FLORIDA STATUTES: NOTE: If the resources awarded to the recipient represent more than one State pro]ect~ provide the same information shown below for each State project and show total state financial assistance awarded that is subiect to Section 215. 97~ Florida Statutes. State Project (list State awarding agency, Catalog of State Financial Assistance title and number COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: List applicable compliance requirements in the same manner as illustrated above for Federal resources. For matching resources provided by the Department of "ABC" for Federal programs, the requirements might be similar to the requirements for the applicable Federal programs. Also, to the extent that different requirements pertain to different amounts of the non-Federal resources, there may be mo,'e titan one grouping (ge., 1, 2, 3, etc.) listed under this category. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit I be provided to the recipient. Attachment A Budget and Scope of Work I. SCOPE OFWORK The Recipient will provide, in the required timeline and deliverable documents, subject to approval by the Division of Emergency Management, information relating to the recipient's plans, accomplishments and delivery of the following items and activities as represented in the proposal to start-up or expand the Citizen Corps program administered by the Recipient, utilizing funding under this sub-grant. mo Applicant must meet with their corresponding County Emergency Management Director to discuss the program, assess the needs of the community, and agree to pursue the program. Develop a method to collect and track data, including Citizen Corps members, council meetings, council activities, etc. Co Recipient agrees to maintain adequate records of council formation and individual training and subsequent meetings, reporting requested information to FDEM-Citizen Corps Program Office on a monthly basis. Recipient will notify the FDEM-Citizen Corps Program Point of Contact of the name, location, and estimate of percentage of the county/municipality population covered by the local council, and council orientation. Provide sufficient clerical/administrative support to handle timely the administrative aspects of the Citizen Corps program related to this grant. Exact contact information for the Citizen Corps Administrative Support Individual must be provided at the time of grant submission and updated or verified with each monthly submission. To report on a monthly basis any activation of a Citizen Corps or components thereof for actual emergency duty, projects, information fairs, or other usage via the information format required in the product deliverables below. II. A. PRODUCT ITEMS The following information and documentation must be provided in the fa'st monthly progress report due prior to June 15, 2003: 1. One-page summary of meeting held between applicant and their corresponding County Emergency Management Office to discuss the Citizen Corps program. 2. A revised budget. A timeline for key activities during period of sub-grant, to include at a minimum: ' bA k~ ' MAY 2 7 2003 Ce a.. Officially registering as a Citizen Corps Council by receiving o~z~ support from local authorized representative and submitting request on the National Citizen Corps Website. b. Strategy and methodology for recruitment of members. c. Procurement of all materials and supplies to .operate the council and to support public education and outreach activities d. Estimate number of publications distributed to public.. e. Estimate number of people trained in community preparedness and family safety measures, to include fa'st aid, emergency preparedness, and general safety precautions. f. Estimate number of volunteers participating in formal programs relating to crime prevention, emergency preparedness, mitigation or response, and public health needs. g. Plans to maintain Citizen Corps members, indicating how they can be used to supplement emergency management activities in disaster and non-disaster situations. h. Plans to utilize Citizen Corps in expanded program activities. A complete listing of all Citizen Corps Councils currently in their jurisdiction. Listing will include council name, general area of coverage, and contact person's email address and phone number. The following will be provided in all subsequent monthly progress reports: 1. Documentation of registration as an official Citizen Corps Council. 2. A list of materials and supplies purchased for each Citizen Corps member funded under this sub-grant. 3. A list of the number of publications distributed to the public. Roster(s) of volunteers trained during the grant period and formation of the new Citizen Corps Council. Roster should include, at minimum: name of member and date training completed, and for new Citizen Corps Councils: Name of council, location coverage, contact information, including e-mail address and phone number. o Sample copies Of any materials (e.g. news releases, brochures, videos, notices, letters, pictures or the like) produced to promote the Citizen Corps prograxn under this sub-grant and courtesy copies of other program promotional items. 6. A list of other Citizen Corps activities related to this sub-grant. 7. Total amount of grant funds used to date and for what activities. To submit with the monthly report, a report of Citizen Corps activation for emergency or non-emergency situations. Report should detail date, council name, number of Citizen Corps members activated, brief description of activity. This will include situations where Citizen Corps members have augmented a community's emergency management capability. A(~NDA ITeM MAY 2 ? 2003 II. SCHEDULE OF WORK AND PAYMENTS By July 1, 2003 a monthly report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work or prepare the products should be submitted. By August 1,2003 a monthly report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. By September 1,2003 a monthly report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. By October I, 2003 a monthly report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. Eo By November 1,2003 a monthly report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. By November 30, 2003 the final closeout report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. Recipient agrees to perform the project identified in said application utilizing the funds provided under this Agreement, supplemented by any funds represented in said application as matching funds. Recipient shall not exceed more than five percent (5%) of the total funds awarded for administrative expenses. "Administrative expenses" means the direct costs of staff managing the project and other direct costs for managing project, as well as the applicant's indirect rate, if any, applied to those direct costs of management. The sum total of direct and indirect costs identified shall not exceed five percent (5%) of the total funds awarded from these funds. AGENDA~3'EM ....--,I No. pg. ~.~x._t , I Attachment B Program Statutes and Regulations 1. Chapter 252, Florida Statutes 2. Chapter 287, Florida Statutes 3 Chapter 119, Florida Statutes 4. Chapter 60A-l, Florida Administrative Code 5. Chapter 215.97, Florida Statutes (Audit Requirements) 6. Chapter 215.34(2), Florida Statutes 7. Chapters 10.550 (local government entities) or 10.650 (non-profit organizations), Rules of the Auditor General 8. ©MB Circular A-133 (if applicable) 9. Section 112.061, Florida Statutes 10. 8 U.S.C., Section 1324a(e) [Section 27A(e) of the Immigxation and Nationality Act ("INA") 1 I. Section 768.28, Florida Statutes 12. Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.) 13. OMB Circulars A-87 and A-102 14. Chapter216.181(16), Florida Statutes 15. 48 Code of Federal Regulations, Part 31, if applicable 2OO3 Attachment C Assurances To the extent the following provisions apply to the award of assistance in this Agreement, as determined by the a~varding agency, the Subgrantee hereby assures and certifies that: (a) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed ~vage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. (b) It will comply with: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Subgrantee receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Subgrantee, this assurance shall obligate the Subgrantee, or in the case of any transfer of such property, any transferee, for the period during which the real Ixcperty or strucV,_re is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of 27 .... " tmM MAY 2 7 2003 ! (c) (h) (i) (J) (k) (1) employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or tiansfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship; The Subgrantee agrees to comply with the Americans With Disabilities Act (Public Law I01 336, 42 U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications; It ,.,,'ill establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, F_.~S; It ,,,,'ill comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 v,'hich outlaws and prescribes penalties for "kickbacks" of `.,,'ages in federally financed or assisted construction activities; It will comply with the provisions of 18 USC 594,598,600-605 (further known as the Hatch Act) which limits the political activities of employees; It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acqui/ition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessability Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR.. Part 40 for residential structures. The Subgrantee will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; MAY 2 7 2003 (m) It ,,,,'ill, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the Naiion'al Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by: (I) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoicl or mitigate adverse effects upon such properties. (3) abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Department of Community Affairs and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 4705, and implementing regulations in 36 CFR part 800. (4) When any of Recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR 800.(2)(e), the Federal Emergency Management Agency (FEMA) may require Recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeol6gical Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of.Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, Recipient agrees to participate in consultations to develop, and, after execution by all parties, to abide by, a written agreement that establishes mitigation and recordation measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) Recipient agrees to notify FEMA and the Department if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation for footings and foundations; and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed AGE~DA I~.M .-'-) No..~.~,~_=~.=~ MAY 2 7 2O03 (n) by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties ma5' be present and be affected by such activities. The SHPO will advise Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recove,'y of archeological data from the property. If Recipient is unable to avoid the archeological property, develop, in consultation with the SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties." Recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do no object v,'ithin 15 calendar days of receipt of the treatment phm, FEMA may direct Recipient to implement the treatment plan. If either the Council or tile SHPO object, Recipient shall not proceed with the project until the objection is resolved. (6) Recipient shall notify the Department and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify an HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Recipient acknowledges that FEMA may require Recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require, and Recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur. It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681-1683 and 1685 - 1686) which prohibits discrimination on the basis of sex; 4AY 2 7 '2003 (o) (p) (q) (r) (s) (t) (u) (v) (w) (x) (y) (z) It will comply with the Cmnprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ce-3), as amended, relating to confidentiality of alcohol and drag abuse patient records; It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structtlres; It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto; It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159, pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this agreement; It will comply with Title V1TI of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or nation origin; It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626; It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544; It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; .-Z 'o.A~ND~M' "~ I MAY 27 2003 I (aa) (bb) It ~vill assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq; It will comply with the Rehabilitation Act of 1973, Section .'504, 29 U.S.C. 794, regarding non-discrimination; (~o) (hh) (cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources; (dd) It will comply ~vith the requi['ements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs; (ce) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; (ff) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental .lustice); It will comply with the Coastal Barrier Resources Act of 1977,. 16 U.S.C. 3510; It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and (ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666. With respect to demolition activities, it will: I. Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. 2. Return the property to its natural'state as though no improvements had ever been contained there on. MAY 2 ? 2003 Furnish documentation of all qualified personnel, licences and all equipment nece~.s.ary to inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U. S. Environmental Protection Agency the Florida Department of Environmental Protection and the County Health Department. Provide documentation of the inspection results for each structure to indicate: a. Safety Hazards Present b. Health Hazards Present c. Hazardous Materials Present Provide supervision over contractors or employees employed by Recipient to remove asbestos and lead from demolished or other,vise applicable structures. 6. Leave the demolished site clean, level and free of debris. 7. Notify the Department promptly of any unusual existing condition which hampers the ' contractors work. $. Obtain all required permits. 9. Provide addresses and marked maps for each site where water wells or septic tanks are to be closed along with the number of wells located on each site. 10. 11. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Poli6y and Conservation Act ( Public Law 94 -163). Comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act [42 U.S.C. 1857(h)], Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 C.F.R. Part 15). This clause shall be added to any subcontracts. 12. Provide documentation of public notices for demolition activities. MAY 2 ? 2003 Attach..~ent D Justification of Advance HAY 2 7' 2003 Attachment E Reports AGEND,~.D'EM ~ No. I! ~,. ~_~ HAY 2 ? 2O03 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $5~40o TO INSTALL NEW FIRE HYDRANTS OBJECTIVE: To obtain Board of County Commissioner's approval for a budget amendment for the installation of new fire hydrants for a total cost of $5,400. CONSIDERATION: The Isles of Capri Fire District is responsible for the fire hydrants within the Isles of Capri. During the initial development of the Isles limited hydrants were installed for fire protection. During the past 15 years the Isles has developed close to build out. Fire hydrants are now require~t for adequate protection within the areas that have been developed. The project is phased into 3 years, 2 hydrants per year. (See attached County Attorney memo) FISCAL IMPACT: A budget amendment is needed to reduce reserves in the amount of $5,400 for this project. Source of funds is Impact Fees. GROWTH MANAGEMENT IMPACT: .There is no growth management impact. RECOMMENDATION: That the Board of County Commissioner's and the Chairman of the Board approve the budget amendment. SUBMITTED BY: _.~-~ ~'~%,,~ DATE: ~_~ Em~rF/~~ri. Fire Rescue APPROVED B~ ~'7"'~7"'~,-~__~rq~ DATE: Kenneth F. Pineau, Emergency Management Administrator No.AGENDA~r'r, EM.. I Ma¥-05-03 03 :ZBpm F T-iGg P.001/001 F-?ZI OFFICE OF THE CO UNTYATTORNEY INTEROFFICE ~MORANDUM TO: FROM: DATE: RE: Ouerv: Chief Emilio Rodriguez lacquclme Hubbard Robinson, Assistant County Artorney..~~ May 5, 2003 Use of Fire Impact Fees for Fire Hydrants May impact fees be expended to purchase and install new fire hydrants necessitated by growth ? Answer:. New Fire Hydrants needed because of new growth in the Isle of Capri area may be purchased as capital expenses with collected impact fees. cc: David C. Weigel, County Attorney Ramiro Mafialich, Chief Assistant County Attorney MAY 2 7 2003 Pg'-- P. 2 FINANCIAL ADbt IISTRATION AND HOUSII G DEPARTME zsoo ~. ,o~shoe ~rive - Naples, Floti~ ~1o~ · 359-659-57~, ~' r,~ 25~.659-~7z5 April 17, 2003 Chief Emilio Rodriquez Isle of Capri Fire District 175 Capri Blvd. Naples, FL 34113 RE: Use of Fire Impact Fee for Fire Hydsnmts D~ax Chief Rodri~uez: This letter is in respon~ to your question regarding thc purchase and installation of tim hydrants with Fire ImpaCt Fee revenues. Section 74-203.B of thc Collier County Consolidated Impact Fee Ordinance, No. 2001-13, (CIFO) as amended, allows for the use of funds for "l. Construction and design of Public Facilities: 13. Acquisition of capital equipment for Public Facilities:" and "Acquisition of apparatus, equipment or furniture necessary to expand the Public Facilities". If the fire hydrants axe n¢cessitat~ by growth, the CIFO authorizes th~ use of impact fee revenu~ for such improvements. It' you have any questions, please feel fre~ to contact me at 659-5721. A/ny Patterson Impact Fee C .oordinator De~ny Bakm', Dim;tm', Financial Administrad~ and Housing Paul& Fieisltmxa, lmpa~ 1~ Amly~t AGENDA ~'EM t No. I/ ~ ~ I I;;;~, jr MAY 2 7 2003 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of May 27, 2003 Operating Other Miscellaneous Services Transfers - Elected Official~ Forest Lakes MSTU (Fund 155) Budget Amendment #03-305 $2,500 300 Reserves Reserve for Contingencies (300) Reserve for Future Construction (2,500) Total: -0- Explanation: Funds are needed to cover the 2% charged back from the Collier County Tax Collector to the MSTU for Ad Valorem collections for the remainder of the fiscal year. Funds are also needed for secretarial services for minute taking at MSTU committee meetings for the remainder of FY 03. Transportation Services (Fund 101) Budget Amendment #03-309 Operating Data Processing Equipment $3,309 Reserves Reserve for Contingencies (3,309) Total: -0- Explanation: Funds are needed for the replacement of the Multilayer SW Image Power Cord for the operation of computers at remote sites. AGENDA ITEM No. /c/¢ ~ HAY 2 7 2003 Pg.. / EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD BID //03-3508 IN THE AMOUNT OF $30,000 FOR HORTICULTURE DEBRIS HAULll~G AND DISPOSAL TO WHERRY TRUCK LINES, INC OBJECTIVE: To award Bid #03-3508 in the amount of $30,000 for Horticulture Debris Hauling and Disposal to Wherry Truck Lines, Inc. CONSIDERATIONS: 1. On March 10, 2003 invitations to bid were sent to 84 contractors. The Bid opening was held April 10, 2003 and one proposal was received. 2. Staff has reviewed the one proposal received and finds that this proposal meets all specifications of the Bid. Therefore, staff recommends that Bid #03-3508 for Horticulture Debris Hauling and Disposal be awarded to Wherry Truck Lines, Inc. FISCAL IMPACT: The Fiscal Impact for Bid #03-3508 is $30,000 with funds available in the Pelican Bay Operating Fund (109). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid #03-3508 in the amount of $30,000 for Horticulture Debris Hauling and Disposal to Wherry Truck Lines, Inc. PREPARED ~ni'~str Date: /~//~ ator APPROVED BY: James V. Mudd, County Manager Date: AG£NOA [TEH .o. /~ ~ MAY 2 7 201 ~,~ / 0 ~ Z ~ 0 AGENDA ITEK., HAY 2 7 200~ BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE May 27, 2003 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Ao 'B. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements from April 19, 2003 through April 25, 2003 2. Disbursements from May 3, 2003 through May 9, 2003. Districts: Collier Soil and Water Conservation District Change of Regularly Scheduled Meetings Minutes: o o o Pelican Bay Services Advisory Committee - Agenda for May 7, 2003, Minutes of April 2, 2003. Collier County Planning Commission - Agenda for May 1, 2003; Minutes of April 3, 2003; Agenda item 8D; Petition PUDZ-2003oAR-3569 North Naples R&T Park PUD. Development Services Advisory Committee - May 7, 2003, Minutes of April 2, 2003. Community Character/Smart Growth Advisory Committee - Agenda and Minutes of March 21, 2003. Bayshore/Gateway Triangle Local Redevelopment Advisory_ Board -- Agenda May 7, 2003 Radio Road Beautification M.S.T.U. Advisory Committee - Minutes of April 15, 2003, Agenda for May 4, 2003; Minutes of April 15, 2003. Bayshore Beautification M.S.T.U. - Minutes of April 9, 2003; Agenda for May 14, 2003; Minutes of April 9, 2003. Vanderbilt Beach M.S.T.U. Advisory Committee - Minutes of April 2, 2003; Agenda for May 1, 2003; Minutes of April 24, 2003. Forest Lakes Roadway and Drainage M.S.T.U. Advisory Com~ Minutes of April 18, 2003; Agenda for May 9, 2003; Minutes 2003. littere~"-_-5 ,.. .O015,',DA iTEM MAY 2 7 20 3 Pg.__ / EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICE~ DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A YAL~ PUBLIC PURPOSE AND AUTHORIZE THE EXPENDIIZIRE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened from April 12, 2003 through May 16, 2003 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDERATIONS: To ensure compliance with State law, the Clerk's Office has prepared a detail list of all purchase orders that have not previously been approved by the Board of County Commissioners that were opened for the period April 12, 2003 through May 16, 2003. This report is available for inspection and review in the County Manager's Office. FISCAL IMPACT: The goods and services included in the aforementioned report have all been previously appropriated. GROWTH MANAGEMENT IMPA CT: related to this item. There is no Growth Management Impact RECOMMENDATION: That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. Prepared By: /~,~__ ~ff~,~~// -J~es L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Reviewed By: .- ~/~_/..~' ~ Approved .l~rek Johns~sen General Accounting Manager Date: ~' ~/w/~ L~ Date: ,~.N.~ ~ ITEM MAY 2 7 2003 EXECUTIVE SUMMARY RECOMMENDATIONS TO APPROVE A RESOLUTION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SPRINT TELEPHONE COMPANY OF FLORIDA. OBJECTIVE: To gain Board of County Commissioners approval of the attached Resolution between the Board of County Commissioners and Sprint Telephone Company of Florida, for continuing the existing E-911 system. CONSIDERATIONS: To provide an enhanced "911" emergency telephone system for the citizens of Collier County. A Resolution to be executed by the Board of County Commissioners to allow Sprint Telephone Company of Florida to collect a fee at $ .50 per month per access line to fund the cost of maintaining the enhanced "911" system, from September 30, 2003 to September 30, 2004. The Board of County Commissioners authorizes the Sprint Telephone Company of Florida to deduct an administrative fee equal to 1% of the monies collected for the enhanced "911" emergency telephone system. FISCAL IMPACT: The cost of funding this system will be paid by the subscribers. No ad valorem tax dollars will be expended. The fee for FY 02-03 was $ .50. There is no increase in the fee. Any reserves will be accumulated according to Statute.(199-919010-991000-00000) GROWTH MANAGEMENT IMPACT: The subscribers will pay for the system. RECOMMENDATIONS: That the Board of County Commissioners authorize the Chairman to execute the Resolution. See attachment for Resolution. PREPARED BY: . '~..,~,~.~ C---_~a-ndi L. Chernoff, 911 Coo~ator APPROVED ~ , 911 Director DATE: April 28, 2003 AGENDA ITEM No. MAY 7 2003 RESOLUTION NO. 2003- A RESOLUTION PROVIDING FOR THE IMPOSITION AND COLLECTION OF A LOCAL OPTION FEE FOR PROVISION OF ENHANCED EMERGEHCY '911' TELEPHONE SERVICE AND EQUIPMENT WHEREAS, Section 365.171(13), Flodda Statutes, provides that a county may impose a fee for ch. rges for "911" service and equipment to be paid by local exclmnge subec~bers on an individual exchange basis at a rate not to exceed ~ty cents ($.50) per month per access line; and WHEREAS, The Board of County Commissioners of Collier County, Florida, deems it appropriate and in furtherance of public health, safety and welfare to access a fee for the enhanced "911" telephone service ava~bility in Collier County. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Pursuant to Section 365.171(13), Florida Statutes, there is hereby imposed against local exchange subscribers a local option fee for the provision of enhance "911" emergency telephone service and equipment in Collier County. This fee shall be adjusted annually to cover allowable expenses as described in Section 365.171(13(a)(6), Florida Statutes. For the period of September 30, 2003 through September 30, 2004, the fee will be $ .50 cents per subscriber per access line per month. The County requests that the telephone company (exchange telephone service provider) providing enhanced "911" service and equipment to Collier County collect from its subscribers within Collier County, the local option fee assessed by this Resolution and remit those fees to Collier County. Said telephone company, pursuant to Section 365.171(13)(c), Florida Statutes, may retain as an administrative fee an amount of one percent (1%) of the total "911' fees actually collected by said telephone company. Money in reserve is being carried forward to provide for capital improvements described in Section 365.171(13)(a)(3), Flodda Statutes. Additional money from fiscal year 2001 revenues to be added to the total reserves shall not exceed ten percent (10%) of such fees billed for the 2000 fiscal year. The cumulative reserves are to pay for projected expansion and replacement of E911 equipment and service features described in Section 365.171(a)(13)(6), Florida Statutes. All carry forward reserves shall be administered in accordance with Subsection 365.171(13), Florida Statutes. This Resolution adopted on the __ day of motion, second and majority vote for adoption. ,2003, after DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. BY: BY: Tom Henning, Chairman Approved as to form and legal sufficiency:. Assistant County Attorney AGENDA ITEM~_ No. /4~-- ~ HAY 2 7 2003 pg.~ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD APPROVE AN AGREEMENT FOR COLLIER COUNTY PARTIAL FUNDING OF THE COLLIER COUNTY LEGAL AID SOCIETY, INC. OBJECTIVE: The intended purpose of this Agreement is to provide a significant part of the annual funding necessary for the continued operation of the Collier County Legal Aid Office that was established by the efforts of the Collier County Bar Association to assist qualified indigent residents of Collier County. CONSIDERATIONS: On June 16, 1998 the Board of County Commissioners ("Board") approved Ordinance No. 98-57 providing for the partial funding for a legal aid office in Collier County. (A copy of Sections 46- 51 through 46-54 of the Code of Laws and Ordinances that codified Ordinance No. 98-57 is attached for your reference.) Pursuant to Section 46-54, Code of Laws and Ordinances, the funding raised by the Ordinance shall be used exclusively for the establishment and maintenance of a Legal Aid Office for qualified indigent residents of Collier County. The Ordinance established that service charges/fees in the amount of $10.00 to be charged in probate matters and in civil actions filed in the Circuit and County Courts of Collier County. An account/fund was created exclusively for the purpose of partially funding the Legal Aid Office and a budget for the expenditures of these funds has been established annually by the Board. All unexpended funds at the end of each fiscal year shall be carried forward in the account/fund to the next successive fiscal year and expended exclusively for the Legal Aid Office as set forth in the Ordinance. The Collier County Bar Association established a separate not-for-profit entity to be known as the Collier County Legal Aid Society, Inc. to run the program. The Collier County Bar Association is continuing to contribute significantly to the funding of the Legal Aid Office through a dues increase that its members have previously approved as well as through continuing efforts to obtain private and grant funding. FISCAL IMPACT: Service charges/fees in the amount of $10.00 will be charged in probate matters and in civil actions filed in the Circuit and County Courts of Collier County. Page I of 2 {AY 2 7 2003 Pg. / GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners consider approval of the attached Agreement for Collier County Partial Funding of the Collier County Legal Aid Society, Inc. to provide for partial funding for a Legal Aid Office established by the Collier County Bar Association in Collier County. The term of this Agreement shall be for a period of three years to begin October 1, 2002 and to end on September 30, 2005, unless terminated earlier in accordance with the provisions of this Agreement. Absent notice of intent to terminate, the Agreement may be renewed upon mutual consent of the parties for one (1) additional term of two (2) years. '~in~tchell, Finance Director Date Prepared by: Ram~r~X"~--' o Mafialich Chief Assistant County Attorney Date Approved by: David C. Weigel County Attorney H:/publicJdebbiea/executive summaries/2003/Legal Aid Society Date Page 2 of 2 MAY 2 7 2003 pg. ~ AGREEMENT FOR COLLIER COUNTY PARTIAL FUNDING OF THE COLLIER COUNTY LEGAL AID SOCIETY, INC. THIS AGREEMENT is entered into this __ day of ,2003 by Collier County, Florida, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as the "County", and the Collier County Legal Aid Society, Inc., d/b/a/the Legal Aid Society of Collier County, a Florida not-for profit corporation, hereinafter referred to as "Legal Aid Society". WITNESSETH: WHEREAS, on June 16, 1998, the County approved an ordinance providing for partial funding for a legal aid office in Collier County; and, WHEREAS, the Collier County Bar Association has led the local effort to establish the Legal Aid Society to assist qualified indigent residents of Collier County; and, WHEREAS, the County, in Collier County Ordinance No. 98-57, specifically found that providing funding assistance for the Collier County Bar Association's efforts to establish and maintain a legal aid office helps to address a public need and serves a lawful and necessary public purpose; and, WHEREAS, the Legal Aid Society is a private, not-for-profit corporation created through the efforts of the Collier County Bar Association to serve as the office which will address the legal needs of qualified indigent residents of Collier County, and, WHEREAS, it is in the best interest of the County to enter into a contract with the Legal Aid Society to conduct activities in accordance with the terms and conditions set forth herein; and, WHEREAS, the County, through Collier County Ordinance No. 98-57 has approved service charges/filing fees which are authorized by Florida Statutes to be used exclusively for the purposes of establishing, staffing, equipping, furnishing and operating a legal aid office for the representation of qualified indigent residents of Collier County. Specifically, the County has approved a service charge of $10.00 in probate matters, a fee of $10.00 for each civil action filed in the Circuit Court and a service charge of $10.00 for civil actions in County Court. NOW, THE~O~, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows. Page 1 of 5 MAY 2 7 200:) COUNTY FUNDING. Pursuant to Collier County Ordinance No. 98-57, and as authorized by Sections 28.2401, 28.241 and 34.041, Florida Statutes, the County hereby established a budget for the purpose of assisting with partial funding to establish, staff, equip, furnish and operate a legal aid office for the representation of qualified indigent residents of Collier County. Said budget for expenditures shall be established annually by the County. COUNTY PAYME~ OF LEGAL AID SOCIETY EXPENDITURF. S. Payments for expenditures shall be made monthly upon the presentation of proper invoices/receipts to the Collier County Attorney's Office by the Legal Aid Society. LEGAL AID SOCIETY REQLTIREMENTS. In performing this Agreement, the Legal Aid Society shall: a. establish, staff, equip, furnish and operate a legal aid office for the representation of qualified indigent residents of Collier County. b. use its best efforts to obtain high quality supplies and services for use in the performance of these services at the lowest practical costs and shall expend funds with partial funding to establish, staff, equip, furnish and operate a legal aid office for the representation of qualified indigent residents of Collier County. c. act as an independent contractor in the performance of this Agreement. d. furnish the County Manager and Clerk of Courts with a semi-annual (5/15 and 11/15 of each budget year) narrative progress report on the program as it relates to this agreement. e. provide to the County evidence of legal professional liability insurance with limits of not less than $500,000 for each claim. Said insurance shall be underwritten by a carrier acceptable to the County. f. provide the County and the Clerk of Courts with full and complete access to all financial records including its budget, private funding sources, expenditures and all financial activities. The Legal Aid Society shall keep orderly and complete records of its financial accounts and financial transactions involving the funds provided to the Legal Aid Society under this Agreement. The Legal Aid Society shall open these records to inspection by County personnel at reasonable hours during the entire term of the Agreement. Any person duly authorized by the County shall have full access and the fight to examine any of these records during the term of the Agreement and up to three (3) years thereafter. ~i~ons of this NO. _(a, MAY 2 7 2003 Page 2. of 5 Pg. paragraph shall survive the termination of this Agreement as to the fiscal years, or portions thereof, during which this Agreement is in effect. g. to the extent permitted by law, defend, indemnify and hold harmless the County from and against all claims, damages, losses and expenses, including reasonable attorney's fees and costs, arising out of or resulting from the performance by the Legal Aid Society of its responsibilities under this Agreement. h. not assign or subcontract any of the services which are the subject of this Agreement without obtaining written consent from the County in advance of said assignment or subcontracting. Said consent shall not be unreasonably withheld by the County. i. not discriminate against any employee or person served under this Agreement on the basis of race, color, sex, sexual orientation, age, religion, ancestry, national origin, handicap or marital status. j. comply with all applicable safety laws, ordinances, rules, regulations, standards and lawful order of any public authority having jurisdiction over the matter in question. TERM OF AGREEMENT. The term of this Agreement shall be for a period of three years to begin October 1, 2002 and to end on September 30, 2005, unless terminated earlier in accordance with the provisions of this Agreement. Absent notice of intent to terminate, the Agreement may be renewed upon mutual consent of the parties for one (1) additional term of two (2) years. TERMINATION OF AGREEMENT. Should either party fail to perform under the requirements of this Agreement, then the non-breaching party may terminate said Agreement immediately for cause. Either party may terminate this Agreement for convenience with 120 day written notice to the other party. This Agreement is subject to annual appropriation by the Board of County Commissioners. NOTICES. All notices required in this Agreement shall be hand delivered or sent by certified mail, return receipt requested, and sent to the following addresses: President Collier County Legal Aid Society 2681 Airport Road South Suite C-105 Naples, Florida 34112 Page 3 of 5 NO._ MAY 2 7 2003 pg. Bo Office of the County Attorney 3301 East Tamiami Trail Building "F", 8th Floor Naples, Florida 34112 AMENDMENTS TO THIS AGREEMENT. Any amendments, alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by both parties hereto, and attached to the original of this Agreement. WAIVER. Waiver by either party of the breach by the other party of any provisions of this Agreement shall not be deemed a waiver of any other or subsequent breaches and shall not be construed to be a modification of the terms of this Agreement. IN WITNESS WHEREOF, the parties, through their duly authorized rePresentatives, have executed this Agreement on the dates set forth above. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COl.! JER COUNTY, FLORIDA Approved as to form and legal sufficiency as to Collier County: Chief Assistant County Attorney By:. TOM HENNING, CHAIRMAN AG£~IbA No. _/& ,'~ ' MAY 2 7 2003 Page 4 of 5 WITNESSES: signatu~ ' Mary J. Stuczynski Signature Louise Chesonis Printedfryped Name THE COt.t.mR COUNTY LEGAL AID SOCIETY, INC. d/big THE LEGAL An) SOCIETY OF CO~ .~.~R COUNTY, a Florida not-for-profit corporation Signature Christine Greider Printed/Typed Name President Printed/Typed Title (corporate seal) H:PUBLIC/debbiea/agreement~/2003/Legal Aid Society Page 5 of 5 No./$ MAY 2 7 2003 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE FEE TAKING OF PARCEL NO. 203 IN THE LAWSUIT STYLED COLLIER COUNTY V. JEFFREY A. RICHARDSON, ET AL., CASE NO. 02- 2188-CA (IMMOKALEE ROAD PROJECT//60018). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the fee simple acquisition of Parcel 203 for the Immokalee Road Project in the lawsuit styled Collier County v. Jeffrey A. Richardson, et al., Case No. 02-2188-CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 203 for the Immokalee Road Project (Project No. 60018). On September 12, 2002, Collier County deposited with the Registry of the Court the sum of $5,600 for Parcel 203 in accordance with the Order of Taking. As shown on the attached Meeting Recap, on March 11, 2003, the Board authorized the making of an Offer of Judgment to the owners of this parcel, Respondents ZUNILDA G. CONFORTE and SI-t~EVLA Z. CONFORTE, as Trustees of the Conforte Residual Credit Shelter Trust of Rodolfo R. Conforte U/A/D 2/08/01 ("Respondents"), offering Respondents the sum of $6,300 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder and costs to cure, but not including attorney's fees or other such costs, and interest. This figure was based on the application of the highest comparable unit value to the subject parcel and took into account the potential risks and costs in proceeding to trial. Following the making of the Offer, through negotiations the parties have reached a settlement agreement whereby the property owners will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 02-125). The terms of the settlement agreement are set out in the attached Stipulated Final Judgment. The Stipulated Final Judgment provides for $6,500 to be paid to Respondents as full compensation for the property rights taken as to Parcel 203, together with a reasonable attorney's fee of $33.00. The Stipulated Final Judgment further provides that Collier County shall deposit an additional $933.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. ~wC~-ISCAL IMPACT: Funds in the amount of $933 are available in the FY 03 adopted budget. k,? ~~'f fu--~s ~re~as Taxes and Impact Fees. AGENDA ITE,~ 2 7 ZOO3 Pg. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: -'/Ellen T Chadwell Assistant ~j~y Attorney REVIEWED BY,~_i~ ~'~ks,- ROW Acquisition Manager REVIEWED BY: REVIEWED BY: APPROVED BY: Approve the Stipulated Final Judgment; Approve the expenditure of funds as stated; and Direct staff to deposit the sum of $933.00 into the Registry of the Court. Gregg Strakaluse, Director Transportation/ECM TNr~n p~Fa;idoei~ D~dv~s ii; inS t r at o r David C. Weigel, County~omey Date: Date: Date: ~"'/.//~.~ 2 AGENDA iTEM No. /~, ~'~_ MAY 2 7 2003 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLOR~A CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, JEFFREY A. RICHARDSON, et al, Respondents. Case No.: Parcel No.: 02-2118-CA-HDH 203 / STIPULATED FINAL JUDGMENT AS TO PARCEL 203 THIS CAUSE having come before the Court upon Joint Motion made by Petitioner; by and through its undersigned counsel, and Respondents, ZU~iILDA G. CONFORTE and SHEYLA Z. CONFORTE, as Trustees of the Residual Credit Shelter Trust of Rodolfo R. Conforte U/A/I) 2/08/01 by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 203, 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, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, ZUNILDA G. CONFORTE and SHEYLA Z. CONFORTE, as Trustees of the Residual Credit Shelter Trust of Rodolfo R. Conforte U/A/D 2/08101, have and recover from Petitioner, COIJJER COUNTY, FLORIDA, the sum of SIX THOUSAND FIVE HUNDRED and No/100 Dollars ($6500.00) for Parcel No. 203 as full payment for the property interests taken and for damages resulting to the AGENDA ITEM No. MAY 2 7 2003 pg. 3 remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that Respondents, receive from Petitioner as a reasonable attorney fee the sum of THIRTY THREE and 00/100 Dollars ($33.00); it is further ORDERED that no costs shall be awarded in connection with this cause as it relates to Parcel 203; and ORDERED that Petitioner shall 'deposit an additional NINE HUNDRED THIRTY THREE and No/100 Dollars ($933.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that the Clerk of this Court. shall disburse the total amount of NINE HUNDRED THIRTY THREE and 00/100 Dollars ($933.00) to Respondents, c/o Gregory S. Rix, Esq., Brigham Moore, LLP, 210 Franklin Street, One Tampa City Center, Suite 3410, Tampa, Florida 33602, less any amounts previously paid for the benefit of Respondents; it is further ORDERED that disbursement to Respondents, ZUNILDA G. CONFORTE and SHEYLA Z. CONFORTE, as Trustees of the Residual Credit Shelter Trust of Rodolfo R. Conforte U/A/D 2/08/01are subject to claims of mortgagees, if any; it is further ORDERED that fee simple title to Parcel No. 203, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further A,&ENDA iTEM No. 4' FlAY 2 7 2003 ,,./ ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book, 3046 Page 271 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 203; 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. conformed copies to: Hugh D. Hayes Circuit Court Judge Gregory S. Rix, Esquire. Ellen T. Chadwell, Assistant County Attorney E. Glenn Tucker, Esquire Bookkeeping JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 203. Dated: ~.~'~ b/, 2003. · RIX, ESQUIRE Florida Bar No. o'~t'72 i '? BRIGHAM MOORE LLP 210 Franklin Street One Tampa City Center Suite 3410 Tampa, Florida 33602 (813) 318-9000 Phone (813) 318-0700 Facsimile Attorney for Respondents Dated: r~-~}-'h/~ ~ ~. ! 4fi, 2003. ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 Assistant County Attorney Harmon Turner Building 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Petitioner AGENDA ITEM No. MAY 2 7 2003 pg~___ ,5° EXECUTIVE SUMMARY .'~"~ECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS WAIVE THE PURCHASING ,)LICY, TO THE EXTENT THAT IT IS NECESSARY, AND APPROVE/RATIFY THE COUNTY ATTORNEY'S RETENTION OF TRAUNER CONSULTING SERVICES TO ASSIST IN POTENTIAL CLAIMS IN CO~ON WITH THE NORTH COUNTY WATER RECLAMATION FACILITY 5-MGD EXPANSION PROJECT. OBJECTIVE: For the Board of County Commissioners to waive the purchasing policy, to the extent that it is necessary, and approve/ratify the County Attorney's retention of Trauner Consulting Services to assist in potential claims in connection with the North County Water Reclamation Facility 5-MGD Expansion Project. CONSIDERATIONS: In 1999, the County entered into a contract with Project Integration, Inc. to perform the work for the North County Water Reclamation Facility 5-MGD Expansion Project. At this time, potential construction claims exist in connection with this work. Thc County Attorney requires expert assistance in connection with these claims and has identified the firm of Trauner Consulting Services in this regard. Thus, in light of the exigencies created by potential litigation and in the best interest of the County, the County Attorney's Office requests that the Board waive the purchasing policy, to the extent that it is necessary, and approve/ratify the County Attorney's retention of Trauner Consulting Services to assist in these potential claims. FISCAL IMPACT: Trauner Consulting Services bills upon an hourly basis. Bills will be received for actual services rendered, and verified and approved by the County Attorney's Office. At this time, the firm's fee schedule is as follows: Principal - $225.00 - $325.00/hour; Vice President - $185.00/hour; Professional Staff - $95.00-$150.00/hour; Technical Staff - $55.00-$75.00/hour; Support Staff- $45.00/hour. There will also be reimbursement for direct expenses at actual cost, except that meals will be reimbursed at County per diem. At this time, it is requested that a maximum amount of $27,500.00 be allowed for purposes of this retention. The fund to be billed would be Fund No. 413-263613-73031, the NCWRF 5-MGD Expansion Fund. If additional funds are needed, they will be requested by a separate executive summary to the Board. GROWTH MANAGEMENT IMPACT: Summary. There is no growth management impact associated with this Executive RECOMMENDATION: That the Board of County Commissioners waive the purchasing policy, to the extent that is necessary, and approve/ratify the County Attorney's retention of Trauner Consulting Services at the rates and on the terms set forth in this Executive Summary and authorize the County Attorney to sign any necessary retention documents consistent with this Executive Sununm~. Michael W. Pettit, Assistant County Attorney DATE: Peter Schalt, PMP, Senior Project Manager, Public Utilities fit'-' / e os m~~lich, Chi~&ss~%tant ~ount~Atto~ey ~ AGE~DA ITZM , ~ EXECUTIVE SUMMARY BOARD APPROVAL TO UTILIZE UP TO $45,000.00 OF THE SETTLEMENT FUNDS RECEIVED FROM THE ARDEN COURTS AND MANORCARE AT LELY PALMS ASSISTED LIVING FACILITIES TO PAY COUNTY ATTORNEY'S FEES AND OTHER COSTS INCURRED IN THE COLLECTION AND LITIGATION OF UNPAID IMPACT FEES; THESE FUNDS TO BE USED TO REIMBURSE THE COUNTY FOR THE PRO RATA SHARE OF COSTS ASSOCIATED WITH COLLECTIN(] EDUCATIONAL FACILITIES IMPACT FEES ONLY; APPROVAL OF APPROPRIATE BUDGET AMENDMENT[S] OBJECTIVE: Board approval to utilize the impact fee settlement funds received from the Arden Courts and ManorCare at Lely Palms assisted living facilities to pay attorney fees and hard costs incurred in the collection and litigation of unpaid impact fees. Although the total amount of the settlement funds will be set aside, these funds will only be used to pay and or reimburse Collier County for the expenses associated with the collection of unpaid school impact fees. The Collier County School Board has agreed that the their pro rata costs will be paid by deductions in the amount of collected fees that would otherwise be remitted to the School Board under procedures determined by the County, (See May 16, 2003 letter from the Collier County School Board attached hereto as Exhibit "A"). Since these settlement funds have not yet been placed in any trast fund, the County Attorney is requesting that the funds be set aside to pay for existing and future litigation costs. CONSIDERATIONS: The County Attorney's Office has been involved, upon Board direction, in the collection of unpaid impact fees against Twenty-Nine (29) assisted living facilities in the County. Litigation was initiated with many of these facilities after administrative collection efforts failed. On February 11, 2003 the Office of the County Attorney recommended the approval of a settlement offer of Forty-Five Thousand Dollars [$45,000.00] in full settlement of all issues, risks, and claims pertaining to impact fees with Arden Courts and ManorCare at Lely Palms and the Board approved it. An executed written settlement agreement was approved by the Board on May 13, 2002. Approximately 50% of all funds collected in these assisted living facilities cases is the collection of school impact fees. The portion of the fees attributable to school impact fees will be used to pay the Collier County School Board's pro rata share of the cost of collection. The remainder of the funds will be allocated appropriately among the various impact fee accounts involved. The Clerk of Courts has no objection to the use of these funds received to pay for litigation expenses in the collection cases. The Collier County School Board has also indicated that it has no objection to the use of school impact fees collected from the litigation for payment AGENDA ITEM NO. MAY 2 7 2003 Pg. ~ of costs associated with the litigation. (See attached Collier County School Board May 15, 2003 agenda attached hereto as Exhibit "B"). Of the initial 29 cases, only 4 remain. All of the remaining cases are currently in litigation. Any funds remaining will be appropriately distributed to the respective County impact fee accounts. FISCAL 1MPACT: To date, the County has collected a gross total of $535,932.00 from these cases and has retained a net amount of $390,212.01. Additionally, the County has saved $66,846.45 in impact fee refunds that will not have to be repaid. Litigation hard costs, such as court reporters, court filings, and copying total $11,313.82 to date, (see attached Collier County staff summary of costs attached hereto as Exhibit "C"). Attorney fee costs, (including attorney and paralegal time) total $26,172.03 to date. The County Attorney's Office has thus far expended 324 attorney hours and 323 hours of paralegal time. $18,742.92 has been allocated as the School Board's share to date. Approximately 50% or $257,368.00 of the collected funds are for unpaid school impact fees. The rest of the collected funds have been distributed on a pro rata basis to road, EMS, community parks, regional parks and library impact fee trust funds. In lieu of being deposited into each of the respective impact fee trust funds involved, the settlement sum of Forty-Five Thousand Dollars [$45,000.00] has been deposited into a suspense account to be used solely to pay for the pro rata share of costs associated with and directly related to school impact fee collection. As indicated, the County Attorney shall deduct the hard costs and the litigation costs attributable to the collection of school impact fees from this ear-marked account on a pro rata basis, until the litigation concludes. There will be no deductions for County impact fee collection efforts other than for hard costs. It is anticipated that if the remaining cases proceed to trial, an additional $15,000.00 to $20,000.00 may be expended. Any unused portion left in this litigation account shall be paid on a pro rata basis into the respective impact fee accounts. GROWTH MANAGEMENT IMPACT: Impact fees may be paid to offset collection litigation costs. The funds received to date are impact fees that pay toward the creation of infrastructure required by growth. RECOMMENDATION: 1. The Collier County Board of County Commissioners authorize the use of the settlement funds up to $45,000.00 from the ManorCare and Arden Courts settlement to pay the pro rata share of impact fee collection litigation attributable to the costs incurred for collection of unpaid educational facilities impact fees. 2. Authorize all necessary budget amendments. 3. Authorize all excess funds, if any, to be returned to the respective impact fee accounts. Prepared by: I.~-cqu~i-i'~e I~ub~b~rd Robinson' Approved by: David C. Weigel, County Att'6mey Date: Date: s/.t,/~oo~) Approved by: Date: Joseph Schmitt, Administrator Community Development & Environmental Services AGENDA ITEM~ ~-~o. MAY 2 7 2003 May i6, 2003 ~rict OFFICE OF THE SUPERINTENDENT 5775 Osceola Trail NaldeS, RoHda 34109-0919 (239) 254-4000- FAX (239) 254-4103 EXHIBIT Mr. David C. Weigel County Attorney 330I Tamiami Trail East Naples, FL 34112-4902 RE: School Impact Fee Collection Litigation Expenses Dear Mr. Weigel: This is in response to Ms. Robinson's letter of 24 March 2003 to Mr. Simms, subject as above, and in follow-up to their subsequent telephone conversations. At its 15 May 2003 meeting, the District School Board of Collier County approved a recommendation to share in the costs of collecting those previously uncollected impact fees. This letter provides the authority to proceed. The Board's approval was based on the following understandings: 1. its share of the costs shall be limited to the percentage of educational impact fees collected in relation to the total of all impact fees collected. 2. Its current share of the costs is approximately $14,394.62, with the expectation that additional costs in the range of $10,000 to $15,000 will be incurred as collections and litigation continue. 3. Costs to be shared include the hard expenses of court filings and recordings, copying, public notices, and other expenses directly related to collection efforts, and the expense of the legal services provided by the County Attorney's Office. 4. Costs will be paid by a deduction in the amount of collected fees that would otl remitted to the School Board, under procedures determined by the County Attorney'., the Clerk of Courts. COLLIER COUNTY CHARACTER EDUCATION TRAITS Fairness Honesty Kindness Perseverance Respect Responsibility Self. Oi; THE COLUER COUNTY PUBUC SCHOOl. SYSTEM I$ AN EQUAL ACCESS t EQUAL OPPORTUNITY INSTITUTION FOR EDUCATION AN~ E offi ,c ;.a_nd :/pi/nd:Cg .~ May 16,2003 Please advise if, in the future, circumstances require a change in the understandings on which the Board based its approval. Our thanks to you and all those involved for your hard work on our behalf. We appreciate it. Sincerely, H. lq. Marlin Superintendent CC: Mr. James V. Mudd, County Manager Mr. Dwight E. Brock, Clerk of Courts Mr. John Clapper, School Board Attorney s:impactfee.ltr iTEM 2003 2 Upcoming Board Agenda The District School Board of Collier County will meet next, in regular session, at 1:00 p.m. on Thursday, May 15, 2003, in the Administrative Center, 5775 Osceola Trail, Naples. The Agenda: RECOGNITIONS AND RESOLUTION · Spotlight: State Science Fair Participants · 2003 Teaching Excellence AwardmCollier County Education Association · School Bus Driver, Attendant and Mechanic Recognition Week · Oakridge Middle School--Demonstration School for CRISS Strategies Training · 2002-2003 District Talent Search Campus Results (Duke University Talent Identification Program, TIP) COMMUNITY INVOLVEMENT RECOGNITIONS · Galaxy of Stars · Outstanding Volunteers of the Year · Commissioner's Business Recognition Awards · National Award for Collier RSVP · State Family Involvement Award UNFINISHED BUSINESS · Interlocal Agreement--Public School Facility Planning · Rule 05/03, Attendance Zones High School "BBB," Golden Gate, Barron Collier, Gulf Coast, Lely, and Naples High Schools (Second Reading) · Rule 06/03, Attendance Zones Calusa Park, Shadowlawn, and Lely Elementary Schools (Second Reading) · Collection of Previously Uncollected Impact Fees · Legal Services Committee Report NEW BUSINESS · High School Block Schedule Update · Students Undergoing Remediation Growth and Enrichment (SURGE) · Proposal for Project FLAGS · Naming of Middle School "BB" · Fire Safety Report · Safety/Security Best Practices Report · 2004-05 School Calendar · Rule 07/03, Revision to Policy GBANJBAA, Zero Tolerance for Discriminatory and Harassing Misconduct by Personnel and Students (First Reading) Page 4 lllllll · · · MAY 2 7 2003 Pg. ~ Invoice Number Description Date Dollar Amount 12459 Certified Copies 12/31/2003 $950.00 3830714 Clerk- Recording 1/6/2003 $1,052.00 3830572 Clerk - Recordincj 1/6/2003 $1,486.50 3811251 Clerk - Recording 1/6/2003 $212.50 3808009 Clerk- Recording 1/6/2003 $85.50 2132213 Naples Daily News Invoice 1/7/2003 $766.68 12461 Clerk - Quarterly Billing 1/17/2003 $20.00 3861884 Clerk - Recording 1/23/2003 $15.00 3861892 Clerk - Recording 1/23/2003 $15.00 3861880 Clerk - Recording 1/23/2003 $15.00 3861649 Clerk - Recording 1/23/2003 $91.50 3861655 Clerk - Recording 1/23/2003 $91.50 3861955 Clerk - Recording 1/23/2003 $91.50 11971 Collier Reporting Se~/ice 1/24/2003 $102.55 2142255 Naples Daily News Invoice 1/24/2003 $731.16 71510 The Presentation Group 2/5/2003 $335.32 6620 ColorTech 2/5/2003 $63.07 3818863 Clerk - Recording 2/5/2003 $15.00 3782898 Clerk - Copies 2/6/2003 $3.00 3874463 Clerk - Certified Copies 2/6/2003 $8.00 3782944 Clerk - Copies 2/6/2003 $5.00 962844 Court Reporting 2/7/2003 $35.00 2160566 Naples Daily News Invoice 2/10/2003 $801.28 2160567 Naples Daily News Invoice 2/10/2003 $955.20 2160565 Naples Daily News Invoice 2/10/2003 $848.64 963262 Court Reporting 3/7/2003 $545.21 963263 Court Reporting 3/7/2003 $803.43 123775 Court Reporting 3/7/2003 $235.30 145047-12 The Presentation Group 3/4/2003 $245.12 12608 Clerk -Copies 3/31/2003 $165.00 963243 Court Reporting 4/4/2003 $105.00 963255 Court Reporting 414/2003 $61.75 963547 Court Reporting 4/23/2003 $35.00 1 _P~.~6 Court Reporting 4/23/2003 $176.15 108646 Siesky& Wood 4/28/2003 $145.96 Total $11,313.82 AGEND~ iTEM HAY 2 ? 2003 P~- r--[ EXECUTIVE SUMMARY AUTHORIZE THE COUNTY ATTORNEY'S OFFICE TO REJECT A BUSINESS DAMAGE CLAIM AND MAKE COUNTER.OFFER OF $45,000 TO SETTLE A CLAIM BY TREE SOURCE, INC., ASSOCIATED WITH THE ACQUISITION OF PARCEL 132 IN COLLIER COUNTY V. TREESOURCE, INC., ET AL., CASE NO. 02.5167.CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: Authorize the County Attorney's Office to reject a business damage claim in the amount of $106,814 and make counter-offer of $45,000 to settle the claim associated with the acquisition of Parcel 132 in the lawsuit styled Collier County v. Treesource, Inc., et al., Case No. 02-5167-CA. CONSIDERATIONS: An Order of Taking hearing is scheduled to be heard on May 22, 2003 in Collier County Circuit Court regarding the fee simple acquisition of Parcel 132 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 $53,700.00 for Parcel 132. On February 6, 2003, Collier County received a business damage claim in the amount of $106,814 from Respondent, Treesource, Inc., in connection with the taking of Parcel 132. Treesource, Inc. operates a wholesale nursery on the property and is currently utilizing the area of the take for storage of containerized plant material and as a growing area for in-ground material. The County's business damage expert, Dave Salverson of Gregory, Sharer & Stuart, has reviewed the claim and supporting documentation provided by the property owner's expert and recommends that the County reject the claim of $106,814 and make a counter-offer of $45,000.00. This amount reflects the County's assessment of damages resulting to this business as a result the loss Of Parcel 132 as growing and storage area. Staff supports this recommendation. FISCAL IMPACT: Funds in the amount of $45,000.00 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: None. 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, in the event the offer is accepted by the property owner, Treesource, Inc.; and 3. permit staff to include this sum in settlement with the full compensation to the owner of Parcel 132. MAY 272003 / SUBMITTED BY: REVIEWED BY: REVIEWED BY: Ellen T Chadwell, Assistant County Attorney ,~ev-in ~~l(s, ROW Ac~n Manager Transportation/ECM/ROW ~ Date: . G3akaluse, P.E., Director Transportation/ECM 5 -- REVIEWED BY: Norman Feder, Administrator Transportation Division Date: APPROVED BY: David C. Weig~,'Cot~y Attorney Date: MAY 212003 EXECUTIVE SUMMARY A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE COLLIER COUNTY SECOND AMENDED CONSOLIDATED PLAN ONE-YEAR ACTION PLAN FOR FISCAL YEAR 2001-2002 FOR COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) FUNDING, AUTHORIZING NECESSARY CERTIFICATIONS, APPROVING EXECUTION OF CDBG SUB-RECIPIENT AGREEMENTS BY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES (CDES) DIVISION ADMINISTRATOR, AUTHORIZING SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), AND PROVIDING FOR AN EFFECTIVE DATE. OB,JECTIVE: The Board of County Commissioners approve a Resolution adopting the County's Second Amended Consolidated Plan One-Year Action Plan FY 2001-2002 as required by the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) Program, and provide an effective date. The plan was available at all Collier County Public Libraries as well as the Financial Administration and Housing (FAH) Department office for a thirty (30) day public comment period from April 11, 2003 to May 12, 2003 during which no written public comments were received on the DRAFT One-Year Action Plan. CONSIDERATIONS: On May 8, 2001, the Board of County Commissioners previously approved submission of the County's Consolidated Plan Five-Year Plan (FY 2001-2002 through FY 2005-2006) to the U.S. Department of Housing and Urban Development (HUD). Included in that Plan was the One-Year Action Plan FY 2001- 2002, which was amended due to the withdrawal of a CDBG project by the applicant, and subsequently adopted on June 11, 2002. An amendment to the Consolidated Plan One-Year Action Plan is required, "whenever a Community Development Block Grant (CDBG) program activity is deleted or added, or when a change in purpose, scope, location, or beneficiary of an activity previously stated is changed, resulting in a reallocation of CDBG funds," according to the County's Consolidated Plan Citizen Participation Plan adopted on January 9, 2001. Collier County is amending the FY 2001-2002 Consolidated Plan One-Year Action Plan for a second time due to the availability of CDBG funds that were previously allocated. The applicant has withdrawn a CDBG project funded for $96,500, which was for the implementation of a temporary employment services program to provide residents of St. Matthew's House, a homeless shelter, with temporary employment. The funding was to cover the first year of Worker's Compensation expense. The Citizens Advisory Task Force (CATF) met on March 20, 2003 to review proposed projects and recommend funding for the projects proposed in the Second Amender Gll,~-~c.,ra~s n~ Year Action Plan. A summary of proposed activities and funding sources are attach, :d. MAY 2 ? The projects receiving new or additional funding are: Immokalee Youth Services - New Project Rural Prescription Medication Program - Additional Funding Total Reallocated Funds $50,000 $46,500 $96,500 FISCAL IMPACT: This is a reallocation of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) for FY 2001-2002. There is no fiscal impact to the County. GROWTH MANAGEMENT IMPACT: The Second Amended Consolidated Plan One-Year Action Plan FY 2001-2002 proposes projects, which implement the Growth Management Plan, the Immokalee Master Plan and Redevelopment Plans by providing infrastructure improvements, housing assistances, and public services to improve the health, safety and welfare of the community. RECOMMENDATION: The Board of County Commissioners approve a Resolution adopting the County's Second Amended Consolidated Plan One-Year Action Plan FY 2001-2002 for the U.S. Department of Housing and Urban Development's Community Development Block Grant (CDBG) Program, and provide an effective date. SUBMIT-FED BY.'~,~ ,~~--~ Date: Janeen l~. P~rson-~oale, HUI~ Grants Coor"f'dinator REVIEWED BLY~e~ ~b~ e~afl o' ~s'~'~(~''~'-'~('~v/~ Man a~,eroDate' · ,o___...,, ,ed,, Grants'. REVIEWED BY' l~j-~ ~---4' ~ Date' H. Dento,~aker, FAH Direct/o~ APPROVED BY: A~~ Jos~/~K. Schmitt, dDES Admin/is{rator Date: MAY 2 7 2003 RESOLUTION NO. 2003 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE COLLIER COUNTY SECOND AMENDED CONSOLIDATED PLAN ONE-YEAR ACTION PLAN FOR FISCAL YEAR 2001-2002 FOR COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) FUNDING, AUTHORIZING NECESSARY CERTIFICATIONS, APPROVING EXECUTION OF CDBG SUB-RECIPIENT AGREEMENTS BY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES (CDES) DIVISION ADMINISTRATOR, AUTHORIZING SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 8, 2001 the Board of County Commissioners approved submission of the County's Consolidated Plan Five-Year Plan to the United States Department of Housing and Urban Development (hereinafter HUD); WHEREAS, included in that Plan was the One-Year Action Plan for Fiscal Year 2001- 2002; and WHEREAS, on June 11, 2002 the Board of County commissioners approved the Fiscal Year 2001-2002 Amended Consolidated Plan One-Year Action Plan; and WHEREAS, the implementation of a temporary employment services program to serve the residents of St. Matthew's House, a homeless shelter, with employment was proposed for $96,500 in funding; and said project has been withdrawn by the applicant; and WHEREAS, the Second Amendment to the Fiscal Year 2001-2002 Consolidated Plan One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted January 9, 2001; and WHEREAS, the Citizens Advisory Task Force (CATF) met on March 20, 2003 to review proposed projects and recommend funding for the alternate projects proposed in the Fiscal Year 2001-2002 Second Amended Consolidated Plan One-Year Action Plan; ~ WHEREAS, the additional projects which have been proposed for funding in the Second Amended Consolidated Plan One-Year Action Plan for FY 2001-2002. re incl HAY 2 7 2003 NOW, THEREFORE BE IT RESOLVED BY THE BOARD COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: OF COUNTY 1. The Board of County Commissioners of Collier County approves the Collier County Second Amended Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2001-2002 for the CDBG Program, which is attached and incorporated herein by reference, and approves execution of CDBG sub-recipient agreements by the CDES Division Administrator, and authorizes the Department of Financial Administration and Housing (FAH) to transmit the Plan to the proper funding authority and take the necessary actions for implementation of the CDBG programs. 2. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. 3. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopted this twenty-seventh day of May 2003, after motion, second and majority vote favoring same. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Approved as to form and Patrick G. White Assistant County Attorney TOM HENNING, CHAIRMAN MA Y 2 ? 2003 Collier County's CDBG Second Amended One-Year Action Plan for FY 2001-2002 Proposed Activities & Funding Summary Funding Resources: Community Development Block Grant FY 2001-2002 $2,087,000 Activities to be undertaken: ORIGINAL AMENDED PROJECT TITLE/DF~CRIPTION AMOUNT AMOUNT CHANGES Infrastructure Improvements - Habitat Village $600,000 $600,000 -0- Infrastructure Improvements-Affordable Housin§-Immokalee $213,000 $213,000 -0- Housing Rehabilitation - Collier Housing Alternatives $ 47,000 $ 47,000 -0- Wolfe Apartments - Special Needs Housing $224,160 $224,160 -0- Street Lights - Immokalee $ 48,000 $ 48,000 -0- Storm Drainage Improvements - Marco Island $250,000 $250,000 -0- Park Improvements - Naples $250,000 $250,000 -0- Temporary Employment Services $ 96,500 -0- <$96,500> Rural Prescription Medication Program** $ 60,000 $106,500 $ 46,500 Immokalee Youth Services -0- $ 50,000 $ 50,000 Program Planning and Administration $298,340 $298,340 -0- GRAND TOTAL $2,087,000 $2,087,000 -0- **in collaboration with Collier Health Services, Inc. at the Marion E. Fether Clinic in Immokalee. All of the projects listed above are completed with the exception of Infrastructure Improvements - Affordable Housing lmmokalee and the two (2) projects, one new and one receiving additional funding, to which CDBG funds are being reallocated. HAY 2 7 2003 DRAFT COLLIER COUNTY, FLORIDA CONSOLIDATED PLAN ONE-YEAR ACTION PLAN FY 2001-2002 Adopted May 8, 2001 Amended June 11, 2002 Proposed April l(k 2003 Proposed Adoption l)alc: May 27. 2003 Collier County Financial Administration and Housing Department 3050 North Horseshoe Drive, Suite 275 Naples, FL 34104 (239) 213-2937 Table of Contents EXECUTIVE SUMMARY ..................................................... 1 CITIZEN PARTICIPATION PROCESS .................................. 3 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ..........o. 3 AMENDMENT FY 01-02 TIMELINE ........,...,..............,.,..,........... 3 ONE YEAR ACTION PLAN .................................................. 4 RESOURCES (FUNDING SOURCES) ................................................................................................ 5 IDENTIFIED NEEDS AND ACTIVITIES TO BE UNDERTAKEN WITH FEDERAL RESOURCES ................ 7 ACTIVITIES TO BE UNDERTAKEN .................................................................................................. 8 GEOGRAPHIC LOCATION ............................................................................................................ 12 ADOPTING RESOLUTION ................................................................................................. 14 CITIZEN PARTICIPATION PLAN ........................................................................................ | 5 AFFADAVITS OF PUBLICATIONS FOR PUBLIC HEARINGS .................................................... 16 Consolidated Plan One-Year Action Plan FY 2001-2002 (4-03) Collier County, Florida ii EXECUTIVE SUMMARY Background On May 8, 2001 the Board of County Commissioners approved the Consolidated Plan One-Year Action Plan for FY 2001-2002. The plan was amended on June 11, 2002 due to the withdrawal of an application that was proposed for funding. The FY 2001-2002 plan is again being amended due to the withdrawal of a project proposed for funding. The project was the implementation of a Temporary Employment Services program to provide residents of St. Matthew's House, a homeless shelter, with temporary employment. The grant was to cover the first year of Worker's Compensation expense. Collier County is amending the FY 2001-2002 Consolidated Plan One-Year Action Plan due to the availability of Community Development Block Grant (CDBG) funds previously allocated to the aforementioned project. An amendment to the Consolidated Plan One-Year Action Plan is required "whenever a Community Development Block Grant (CDBG) program activity is deleted or added, or when a change in purpose, scope, location, or beneficiary of an activity previously stated is changed, resulting in a reallocation of CDBG funds," according to the County's Consolidated Plan Citizen Participation Plan adopted on January 9, 2001. The Consolidated Plan (CP) is required by the U.S. Department of Housing and Urban Development (HUD). The CP is a document, which is used to guide housing programs and non- housing community planning for fiscal year 2001-2002. The goals of the CP are to: provide decent housing; provide a suitable living environment; and expand economic opportunities for very loxv, low and moderate-income persons. The Citizens Advisory Task Force (CATF) met on March 20, 2003 to review Amended Projects for CDBG funding and to propose projects to be included in the Amended One-Year Action Plan. The total funding allocation for FY 2001-2002 was $2,087,000, and $96,500 has been proposed for reallocation. The projects proposed for new or additional funding are: Immokalee Youth Services - New Project Rural Prescription Medication Program - Additional Funding Total Reallocated Funds 50,000 46,500 96~500 Amended Consolidated Plan One-Year Action Plan FY 2001-2002 (4-03) Collier County, Florida Following is the proposed use of funds for FY 2001-2002: ORIGINAL AMENDED PROJECT TITLE/DESCRIPTION AMOUNT AMOUNT CHANGES Infrastructure Improvements - Habitat Village $600,000 $600,000 -0- Infrastructure Improvements-Aftbrdable Housing-Immokalee $213,000 $213,000 -0- Housing Rehabilitation - Collier Housing Alternatives $ 47,000 $ 47,000 -0- Wolfe Apartments - Special Needs Housing $224,160 $224,160 -0- Street Lights - Immokalee $ 48,000 $ 48,000 -0- Storm Drainage Improvements - Marco Island $250,000 $250,000 -0- Park Improvements - Naples $250,000 $250,000 -0- Temporary Employment Services $ 96,500 -0- <$96,500> Rural Prescription Medication Program $ 60,000 $106,500 $ 46,500 Immokalee Youth Services -0- $ 50,000 $ 50,000 Program Planning and Administration $298,340 $298,340 -0- GRAND TOTAL $2,087,000 $2,087,000 -0- Amended Consolidated Plan One-Year Action Plan FY 2001-2002 (4-03) Collier Count., Florida CITIZEN PARTICIPATION PROCESS The Amended One-Year Action Plan was developed following the County's Citizen Participation Plan adopted on January 9, 2001. While developing the Consolidated Plan FY 2001-2002 Amended One-Year Action Plan, a timeline was also produced to demonstrate the activities that should occur during the Action Plan amendment process as follows: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDMENT FY 01-02 TIMELINE Task Date Citizens Advisory Task Force Meeting - Update Progress March 20, 2003 & Review Proposed Projects Availability of Amended FY 01-02 Action Plan and 30 April 10, 2003 day public comment period (April 11, 2003 - May 12, 2003) Ad to run Distribute amended proposed FY 01-02 Action Plan to April 10, 2003 various library locations 30 day Public Comment Period begins April 11, 2003 30 day Public Comment Period ends May 12, 2003 BCC approval of FY 01-02 Amended Action Plan May 27, 2003 FY 01-02 Amended Action Plan sent to HUD May 30, 2003 Notice of the draft Amended One-Year Action Plan availability was published for a 30-day public comment period on April 10, 2003. The advertisements were both in English and Spanish. The notice was published in two newspapers (general circulation - Naples Daily News, and a local paper - Immokalee Bulletin). The draft plan was also available for public review in all county libraries as well as the County's Financial Administration and Housing Department. The public comment period is from April 11, 2003 - May 12, 2003. All comments from citizens will be considered in the preparation of the final FY 01-02 Amended One-Year Action Plan. Final action will be the adoption of the FY 01-02 Amended Consolidated Plan One-Year Action Plan by the Board of County Commissioners at a Public hearing at the regularly scheduled Board of County Commissioners meeting on May 27, 2003. Amended Consolidated Plan One-Year Action Plan FY 2001-2002 (4-03) Collier County, Florida 3 ONE YEAR ACTION PLAN This Amended One-Year Action Plan provides details on the specific activities the County will undertake during the fiscal year 2001-2002 to implement its Five Year Strategic Plan. Amended Consolidated Plan One-Year Action Plan FY 2001-2002 (4-03) Collier County, Florida 4 RESOURCES (FUNDING SOURCES) The £ollowing resources are available in FY 2001-2002 to undertake these activities. Federal Community Development Block Grant FY 2001 ~2002 $2,087,000 Amended Consolidated Plan One-Year Action Platz FY 2001-2002 (4-03) Collier County, Florida FUNDING SOURCES Entitlement Grant (includes reallocated funds) CDBG $2,087,000 ESG $0 HOME* $0 HOPWA $0 Total $2,087,000 Prior Year's Program Income NOT previously programmed or reported Total $0 CDBG $ -0- ESG $ -0- HOME $ -0- HOPWA $ -0- Reprogrammed Prior Year's Funds Total CDBG $ -0- ESG $ -0- HOME $ -0- HOPWA $ -0- Total Estimated Program Income Section 108 Loan Guarantee Fund TOTAL FUNDING SOURCES Other Funds Submitted Proposed Projects Totals Un-Submitted Proposed Projects Totals $0 $o $o $2,087,000 $o $2,087,000 $o Amended Consolidated Plan One-Year Action Plan FY 2001-2002 (4-03) Collier County, Florida IDENTIFIED NEEDS AND ACTIVITIES TO BE UNDERTAKEN WITH FEDERAL RESOURCES The Following tables identify the needs for: Special Needs/Non-Homeless; Housing Needs; Continuum of Care Gap Analysis - Individuals; Continuum of Care Gap Analysis - Persons in Families with Children; and Community Needs. Amended Consolidated Plan One-Year Action Plan FY 2001-2002 (4-03) Collier County, Florida 7 Special Needs/Non-Homeless -- Sub-Populations Elderly Frail Elderly Severe Mental Illness Developmentally Disabled Physically Disabled Persons with Alcohol/Other Drug Addiction Persons with HIV/AIDS Priority Need ILow ~ ILoW J Ig°w I [Low I [LOW I [Low I [Low I Estimated $ I$~UU,UUU l*~uu,uuu ISsuu,uuu I$~UU,UUU I$~UU,UUU I$~UU,UUU [$~uu,uuu TOTAL 1$3,:Juu,uuu Housing Needs -- Renter Small Related Large Related Elderly All Other Need Level 0 - 30% of MFI IHIgn j 31- 50% of MFI IMea 51- 80% of MFI [Low 0-30%ofMFI [H~gn 31 - 50% of MFI [naecl 51 - 80% of MFI LLow 0 - 30% of MFI [Mec~ 31- 50% of MFI IMea I 51- 80% of MFI LLow J 0-30%ofMFI [H~gn J 31 - 50% of MFI J Mea 51- 80% of MFI [Low Units Estimated $ [z,uuuj [$zu,uuu,uuu 13,uuuI [$3u,uuu,uuu I~,uuuI t$~u,uuu,uuu [suu I [$s,uuu,uuu ~uu I L$~,uUU,uuu 15uu I [$'~,uuu,uuu L~uu I 1Szuu,uuu I~uu I pzuu,uuu I~,uuuI lSa,uuu,uuu I~,uuuI lSa,uuu,uuu I~,uuuI I$'',uuu,uuu 0-30%ofMFI IHIgn J 31- 50% of MFI IMed J 51- 80% of MFI I Low J ~ ISz:',uuu,uuu J r-z;-soo-~l isz:,,uuu,uuu i iz,:~uu II$Z:',uuu,uuu I C;ontinuum of Care: Gaps Analysis - Individuals Beds/Units Emergency Shelter Transitional Housing Permanent Housing Total Estimated Current Needs Inventory I~zu I I~u ITM i I:':' 441 221 Unmet Need/ Gap 22O Relative Priority IL°w Mecl ]Hlgrl Job Training Case Management ]4uu [ Substance Abuse Treatment Mental Health Care I Housing Placement 1;~5~ ] Life Skills Training 13u~ Other Categories Transportation 13u! ] I'~uz I ITM I Izu] I Iz°;~ I I~ I I~ I ITM I ITM I I~''' I I~z~ 11'~ I ITM ITM I Izu~ I L.ow ~e(~ L°w Chronic Substance Abusers 11514 Seriously Mentally !11 171 Dually-Diagnosed I8I:1 Veterans [4LI Persons with HIV/AIDS 113 Victims of Domestic Violence [lIJ~ Youth 14~ Other Categories Pysically Disabled Iq/ [44 J [zu j Lu4 1 I II~ I 144 I lzu J Ie I [~4 j Iz4 I IMecl j IH[gn I lHign J IMed IH~gr~ I I'°w 1~ea J Continuum of Care: Gaps Analysis - Persons in Families with Children Emergency Shelter Transitional Housing Permanent Housing Total Estimated Current Unmet Need/ Needs Inventory Gap I']~ I I~u I I~'~ I ITM I 14'-[ I Ib/ Izz I Iu ! Izz 271 107 164 Relative Priority It'l]gh ] Ji-Iign ~ Job Training Case Management Child Care Substance Abuse Treatment Mental Health Care Housing Placement Life Skills Training Other Categories Health Care Transportation Chronic Substance Abusers Seriously Mentally III Dually-Diagnosed Veterans Persons with HIV/AIDS Victims of Domestic Violence Community Needs -- Anti-Crime Programs Overall Need Level Units Low 1 Estimated $10,000 Sub-Categories Crime Awareness (051) Low 1 $10,000 Overall Need Level Units High 13 Estimated $13,500,000 Sub-Categories Rehab; Publicly or Privately-Owned Commer (14E) CI Land Acquisition/Disposition (17A) CI Infrastructure Development (17B) Cl Building Acquisition, Construction, Re (17C) Other Commercial/Industrial Improvements (17D) ED Direct Financial Assistance to For-Pro (18A) ED Technical Assistance (18B) Micro-Enterprise Assistance (18C) High Low High High High High High High I $100,000 0 $0 1 $1,000,000 3 $11,500,000 2 $500,000 2 $200,000 2 $100,000 2 $100,000 Infrc=',ructurc Overall Need Level Units High 72,510 Estimated $13,100,000 Sub-Categories Flood Drain Improvements (031) Water/Sewer Improvements (03J) Street Improvements (03K) Sidewalks (03L) Tree Planting (03N) Removal of Architectural Barriers (10) Privately Owned Utilities (11) High 2,500 High 10,000 High 50,000 Med 10,000 Low 5 Low 5 Low 0 $2,500,000 $3,000,000 $6,250,000 $1,000,000 $25O,00O $100,000 $o Overall Need Level Units High 0 Estimated $o Sub-Categories HOME Admin/Planning Costs of PJ (not part (19A) -- Planning (20) -- General Program Administration (21A) -- Indirect Costs (21B) '- Public Information (21C) -' Fair Housing Activities (subject to 20% A (21D) -- Submissions or Applications for Federal P (21E) -- HOME Admin/Planning Costs of PJ (subject (21H) -- HOME CHDO Operating Expenses (subject to (211) -- 0 0 0 0 0 0 0 0 0 $0 $o $o $o $o $o $o $o $o Community Needs [~.. t.~ I -' ,.,. ~ ,.~ ,., -' I; .(.: ,-~ ,.'~ (Page 2) Need Level Units Estimated Overall High 22 $5,750,000 Sub-Categories Public Facilities and Improvements (Gener (03) Handicapped Centers (03B) Neighborhood Facilities (03E) Parks, Recreational Facilities (03F) Parking Facilities (03G) Solid Waste Disposal Improvements (03H) Fire Stations/Equipment (030) Health Facilities (03P) Asbestos Removal (03R) Clean-up of Contaminated Sites (04A) Interim Assistance (06) Non-Residential Historic Preservation (16B) High Low High High Low Low Med Med Low Low Low Low 10 $2,500,000 0 $0 5 $2,500,000 5 $25O,OOO 0 $0 0 $0 0 $0 2 $5O0,000 0 $0 0 $0 0 $0 0 $0 Overall Need Level Units High 11,500 Estimated $3,500,000 Sub-Categories Public Services (General) (05) Handicapped Services (05B) Legal Services (05C) Transportation Services (05E) Substance Abuse Services (05F) Employment Training (05H) Health Services (05M) Mental Health Services (050) Screening for Lead-Based Paint/Lead Hazar (05P) High 5,000 Low 0 Low 0 High 1,000 Low 0 High 500 High 5,000 Low 0 Low 0 $500,000 $o $o $1,000,000 $o $1,000,000 $1,000,000 $o $o Overall Need Level Units Low 0 Estimated $o Sub-Categories Senior Centers (03A) Senior Services (05A) Low 0 $0 Low 0 $0 Community Needs (Page 3) Yc~=th P .~c.~ re..~.= Need Level Units Estimated Overall Med 10,509 $12,000,000 Sub-Categories Youth Centers (03D) Child Care Centers (03M) Abused and Neglected Children Facilities (03Q) Youth Services (05D) Child Care Services (05L) Abused and Neglected Children (05N) Med Med Med Med Med Med 2 $1,000,000 5 $2,500,000 2 $1,000,000 5,000 $2,000,000 5,000 $5,000,000 5OO $500,000 Overall Need Level Units Low 0 Estimated $0 Sub-Categories Urban Renewal Completion (07) CDBG Non-profit Organization Capacity Bui (19C) CDBG Assistance to Institutes of Higher E (19D) Repayments of Section 108 Loan Principal (19F) Unprogrammed Funds (22) Low 0 $0 Low 0 $0 Low 0 $0 Low 0 $0 Low 0 $0 ACTIVITIES TO BE UNDERTAKEN Following is the proposed Amended Use of Funds for the FY 2001-2002 program year: ORIGINAL AMENDED PROJECT TITLE/DESCRIPTION AMOUNT AMOUNT CHANGES Infrastructure Improvements Habitat Village $600,000 $600,000 -0- Infrastructure Improvements-Affordable Housing-Immokalee $213,000 $213,000 -0- Housing Rehabilitation - Collier Housing Alternatives $ 47,000 $ 47,000 -0- Wolfe Apartments Special Needs Housing $224,160 $224,160 -0- Street Lights Immokalee $ 48,000 $ 48,000 -0- Storm Drainage Improvements - Marco Island $250,000 $250,000 -0- Park Improvements Naples $250,000 $250,000 -0- Temporary Employment Services $ 96,500 -0- <$96,500> Rural Prescription Medication Program $ 60,000 $106,500 $ 46,500 Immokalee Youth Services -0- $ 50,000 $ 50,000 Program Planning and Administration $298,340 $298,340 -0- GRAND TOTAL $2,087,000 $2,087,000 -0- The listing of proposed projects provides details on each of the above activities. Project DescriptionsI Affordable Housing Programs CDBG and SHIP resources provide Collier County with the means to assist in purchasing of home or rehabilitation of substandard housing for residents with incomes of 80% or less of the median income for Collier County ($69,800 being the median income for a family of four). The Financial Administration and Housing Department used SHIP funds to match applicable federal dollars for general housing rehabilitation program and home ownership programs. All of Collier County's affordable housing programs are based on a first come, first- served basis, with preference given to residents of the target areas, elderly and disabled residents and emergency/life-threatening conditions. All affordable housing programs conform to specific CDBG and SHIP regulations. CDBG funds are also spent on infrastructure support (water and sewer line installation, sidewalks, and entry roads & site preparation) for the affordable housing developments built by Community Based Development Organizations (CDBO). (Project Descriptions are based on Annual Projects for FY 2001-2006. See individual project tables attached) Amended Consolidated Plan One-Year Action Plan FY 2001-2002 (4-03) Collier County, Florida Infrastructure Support for Affordable Housing Development Infrastructure support (water & sewer and entry roads) for an affordable housing development (108 single-family homes), which will be built by Habitat for Humanity of Collier County, Inc. for very low-income families. The site is Habitat Village at Victoria Falls Planned Unit Development (PUD) on U.S. 41 East, one mile west of Collier Boulevard (CR 951). Habitat for Humanity of Collier County has a long history of providing affordable housing in Collier County. By providing infrastructurelnfrastructure (road widening, water & sewer) for approximately 30 single-family homesites to be developed for low-income families in Immokalee by the Collier County Housing Authority in partnership with the Empowerment Alliance of Southwest Florida. The Board of County Commissioners has declared the Immokalee area as a slum and blight and Community Redevelopment Area (CRA). By providing infrastructure support, the price of homes will be affordable to low-income families. The purchase price of the home is estimated to be around $65,000. Infrastructure Support for Affordable Housing Development Infrastructure (road widening, water & sewer) for approximately 30 single-family homesites to be developed for low-income families in Immokalee by the Collier County Housing Authority in partnership with the Empowerment Alliance of Southwest Florida. The Board of County Commissioners has declared the Immokalee area as a slum and blight and Community Redevelopment Area (CRA). By providing infrastructure support, the price of homes will be affordable to low-income families. The purchase price of the home is estimated to be around $65,000. Community Redevelopment Areas (CRAs) The Collier County Board of County Commissioners declared two areas, Bayshore/Gateway Triangle and Immokalee as "blighted area" (as that term is defined in Section 163.340(8), Florida Statutes (1999), and that such area constitutes a "community redevelopment area" as defined in Section 163.340(10), Florida Sates (1999) in March 14, 2000, to prevent further blight and deterioration in the areas. Immokalee CRA - Streetlight Enhancement Project, Phase I The overall project involves the installation of streetlights in Immokalee for welfare and safety reasons to reduce pedestrian, bicycling, and vehicular accidents along poorly lit streets and intersections and to reduce criminal activity, thereby making the Immokalee community a safer place to live. The first phase will provide for installation of approximately forty (40) streetlights and funds to operate them for a period of five years. After that time, the Collier County Lighting District will assume responsibility for the cost of operating the streetlights. Some existing streetlights may also be upgraded from low wattage to higher wattage in areas where brighter lights are necessary for added safety. Amended Consolidated Plan O~,e-Year Action Plan FY 2001-2002 (4-03) Collier County, Florida 9 Specials Needs Housing The County supports non-profit social service agencies providing supportive housing and transitional housing for special needs population. Rehabilitation Assistance for Special Needs Housing CDBG funds will be used to rehabilitate five (5) duplexes housing 16 very low-income adults afflicted with chronic, severe, persistent mental illness and other disabilities. County Collier Alternatives, Inc., a non-profit organization affiliated with David Lawrence Mental Health Center, manages these housing units. David Lawrence Center provides Case Management, Supportive Living and Supportive Employment services to the residents of these units. The rehabilitation activities will aid in improving the current deteriorated condition of duplexes and bring the units up to the building codes. Infrastructure Support for Transitional Housing CDBG funds will be used to provide infrastructure support (water, sewer, entry road and paving) for an affordable housing project known as the Wolfe Apartments. The project sponsor is St. Matthew's House, a homeless shelter. There will be 16 two-bedroom units and 30 one-bedroom units. The units will benefit individuals either transitioning from area homeless shelters or going through various programs (recovery programs for alcoholism and/or drug addition). Amenities will include laundry facilities and meeting rooms for residents. Supportive services will include job training, self-esteem and spousal abuse counseling, money management, referrals for mental health counseling, and health services. Public Services The County supports the provision of public services (including labor, supplies, and materials) including but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, fair housing counseling, energy conservation, welfare (but excluding the provision of income payments identified under § 570.207(b)(4)), homebuyer down payment assistance, or recreational needs. To be eligible for CDBG assistance, a public service must be either a new service or a quantifiable increase in the level of an existing service above that which has been provided by or on behalf of the unit of general local government in the 12 calendar months before the submission of the action plan. Rural Prescription Medication Program This project is the expansion of an existing rural prescription medication program by the Collier County Social Services Department working in collaboration with Collier Health Services, Inc. at Marion E. Fether Clinic, located in Immokalee. Currently, Collier County Government provides assistance to eligible indigent residents as required by Florida Statute. The service provides emergency/short-term pharmacy assistance. The previous CDBG FY 01-02 amended plan provided $60,000 for this project to provide prescription service to 150 very low-income individuals in Immokalee. Additionally, $46,500 is being reallocated to this project from FY 01- Amended Consolidated Plan One- Year Action Plan FY 2001-2002 (4-03) Collier County, Florida 10 02 will serve an additional 90 very low-income individuals in Immokalee. Immokalee Youth Services Program This is a new program that will be coordinated and managed by The Empowerment Alliance of Southwest Florida, which has requested $50,000 in CDBG funds to operate an eight-week summer employment program in Lmmokalee. The program will serve 20-25 teenagers between the ages of 14 and 19. The youth will work in non-profit organizations and government agencies such as Parks and Recreation. They will also attend weekly training sessions on employability and life skills covering items such as interviewing, customer service, handling a paycheck and opening a bank account. Participating Jurisdictions In 2001, Collier County entered into participating party agreements with the cities of Naples and Marco Island to qualify for entitlement status to receive CDBG funding directly from the U.S. Department of Housing and Urban Development (HUD). City of Naples CDBG fund, along with the City's funds, will be used to construct a new 12,000 square foot community center to replace the 3,500 square foot facility that was built in the 1950's in the River Park neighborhood. A larger facility will allow for expanded educational and recreational program opportunities for approximately 700 very low and low-income children. Educational and recreational programs will be available for approximately 500 very low and low-income seniors and adults in the neighborhood. City of Marco Island CDBG funds, along with the City's funds, will be used for reconstruction and expansion of an existing deficient stormwater drainage facility in a low-income area. Amended Consolidated Plan One-Year Action Plan FY 2001-2002 (4-03) Collier County, Florida 11 0 0 C) 0 C~ LO 0 0 0 0 o o o 0 o o 22oo o o ~:D 0 00oo ~ ~ 00 o o o o ~-~:D o o o 0 0 0 0 r~ ~ 0 0 0 0 D_ ,- o o o 0 d Qc000 0 0 0 0 0 0 ~ o 0 0 o u ~ o 1~..-J · 0 0 0 (D n 0 0 o 0 o 0 0 0 o 00 0 0 i'.... LLI ~ ..4 n~ 0 0 0 0 0 0 0 0 0 0 ~ ~ 0 0 C3 uJ T T © o121 0 o o GEOGRAPHIC LOCATION The following map demonstrates the geographical location of the proposed projects to be completed during the fiscal year 2001-2002 with the Community Development Block Grant (CDBG) funds. In addition, maps showing the location of racial concentrations and the areas of low-income concentration in the County and Lead Poisoning Screening map are attached. Amended Consolidated Plan One- Year Action Plan FY 2001-2002 (4-03) Collier County, Florida 12 ~ oo i I ! I I I ! I ! ! ! ! tl ! ! ! I APPENDIX Amended Consolidated Plan One-Year Action Plan FY 2001-2002 (4-03) Collier Count, Florida 13 ADOPTING RESOLUTION Amended Consolidated Plan One-Year Action Plan FY 2001-2002 (4-03) Collier Co~mly, Florida 14 RESOLUTION NO. 2003 of the A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE COLLIER COUNTY SECOND AMENDED CONSOLIDATED PLAN ONE-YEAR ACTION PLAN FOR FISCAL YEAR 2001-2002 FOR COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) FUNDING, AUTHORIZING NECESSARY CERTIFICATIONS, APPROVING EXECUTION OF CDBG SUB-RECIPIENT AGREEMENTS BY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES (CDES) DIVISION ADMINISTRATOR, AUTHORIZING SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 8, 2001 the Board of County Commissioners approved submission County's Consolidated Plan Five-Year Plan to the United States Department of Housing and Urban Development (hereinafter HUD); WHEREAS, included in that Plan was the One-Year Action Plan for Fiscal Year 2001- 2002; and WHEREAS, on June 11, 2002 the Board of County commissioners approved the Fiscal Year 2001-2002 Amended Consolidated Plan One-Year Action Plan; and WHEREAS, the implementation of a temporary employment services program to serve the residents of St. Matthew's House, a homeless shelter, with employment was proposed for $96,500 in funding; and said project has been withdrawn by the applicant; and WHEREAS, the Second Amendment to the Fiscal Year 2001-2002 Consolidated Plan One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted January 9, 2001; and WHEREAS, the Citizens Advisory Task Force (CATF) met on March 20, 2003 to review proposed projects and recommend funding for the alternate projects proposed in the Fiscal Year 2001-2002 Second Amended Consolidated Plan One-Year Action Plan; and WHEREAS, the additional projects which have been proposed for funding are included in the Second Amended Consolidated Plan One-Year Action Plan for FY 2001-2002. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners of Collier County approves the Collier County Second Amended Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2001-2002 for the CDBG Program, which is attached and incorporated herein by reference, and approves execution of CDBG sub-recipient agreements by the CDES Division Administrator, and authorizes the Department of Financial Administration and Housing (FAH) to transmit the Plan to the proper funding authority and take the necessary actions for implementation of the CDBG programs. 2. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. 3. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopted this twenty-seventh day of May 2003, after motion, second and majority vote favoring same. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By:_ Deputy Clerk Approved as to form and legal sufficiency: By: TOM HENNING, CHAIRMAN Patrick G. White Assistant County Attorney CITIZEN PARTICIPATION PLAN Amended Consolidated Plan One-Year Action Plan FY 2001-2002 (4-03) Collier Count, Florida 15 OR: 2764 PG: 078 Collier County FL OR[D?I OR: 2764 PG: 0782 CONTENTS INTRODUCTION SECTION 1 PUBLIC MEETINGS SECTION 2 TECltNICAL ASsIsTANcE SECTION 3 PROJECT IDENTIFICATION SECTION 4 PUBLIC HEARINGS 1. Review of Program Performance Hearing 2. Community Development Needs Hearing 3. Notices of Meetings and Hearings SECTION 5 BOARD OF COIJNTY COMMISSIONERS (BCC) SECTION 6 PROGRAM INFORMATION SECTION 7 HANDICAPPED AND BILINGUAL PROVISIONS SECTION 8 COMPLAINTS AND INQUIRIES SECTION 9 SUBMISSION OF CONSOLIDATED PLAN SECTION 10 CITIZEN PARTICIPATION PLAN UPDATE 00-I11 A(~£NDA JAN 0 9 200' OR: 2764 PG: 0783 Introduction In conformance with the provision.,;, of 24 CFR (Code of Federal Regulations) 91, nsonaated "Co "' Submissions for Community Plamling and Development Programs" and more specifically with the provisions of 24 CFR 91.401 and 24 CFR 91.105, Collier County has adopted the following Citizen Participation Plan. Required by HUD regUlation and: Public Law 100-242, this Consolidated Plan outlines the methods used in the development of the annual Consolidated Plan and describes how Collier County provides for maximum citizen participation in the development of the Plan. The method established by Collier;County for allowing citizen participation and input for the development of the Consolidated Plan provides for the most basic and appropriate level of participation. It is the intent of the County to provide for the maximum level of citizen participation, in order to gather the most meaningful, thorough and effective input from its citizens. A process consisting of the following steps maximizes citizen participation in the development of the Consolidated Plan: 1. Public meetings. 2. Technical assistance for citizens groups and organizations in developing proposals. 3. Solicitation of project requests and proposals. 4. Public hearings. 5. Advertisements for a 30-day public comment period. 6. Board of County Commissioners' approval. 7. Program information. 8. Handicapped and bilinguaI provisions. 9. Complaints and inquiries. 10. Submission of the Consolidated Plan. funding Citizen participation requirements shall not be construed to restrict the responsibility or authority of the County for the development and execution of its community development block grant program activities. The Board of County Commissioners remains the sole approving authority for the program and any amendments. AGENDA ITEM NO. JAN 0 9 Z001 Po' t OR: 2764 PG: 0784 SECTION 1 PUBLIC MEETINGS Public meetings "':~ be held at various locations ,,,,,l~,d,,,~, available locations convenient to the residents of the County. Meeting times will also be convenient to residents and held at night. SECTION 2 TECHNICAL ASSISTANCE Technical assistance will be provided for individual citizens, citizen groups, eligible nonprofit organizations and participating cities who need such assistance in developing project proposals. Such assistance is available upon request from the Housing and Urban Improvement Office of the County. Assistance and information provided include lower income population benefit data (per area), applicable regulations, maps and other data, if available. Groups or individuals needing technical assistance should contact the County's Housing and Urban Improvement (HUI) Office at 941/403-2330. SECTION 3 PROJECT IDENTIFICATION Based on input from the public meetings and discussions with individual citizens, citizen groups, nonprofit organizations and participating cities, County and City staff will identify additional projects in addition to those submitted directly. Staff will then summarize each project request for citizen and public review. SECTION 4 PUBLIC HEARINGS At the beginning of the Consolidated Plan development process, the public is notified through public notices and mailouts on the amount of grant funds expected, and of the dates and times of hearings. They are encouraged to participate in public heari.ngs to obtain their comments. The public hearings held for the Consolidated Plan are designed to give the County's residents full disclosure of the funding programs and their operations. The heatings allow the County to obtain citizens' views, comments and responses to the Consolidated Plan-related proposals, req~remeats, regulations, and questions. 1. Rev~ex~' of Program Performance Hearing & Citizen Comment RE: Program Year C.A.P.E.R. (Consolidated Annual Performance and Evaluation Report) Submission A Program Perform~ince Hearing will be held at the end of the program year. Its purpose is to update citizens on the status of past and ongoing projects and on the amount of the program budget expended. It also permits citizens to comment on performance and offer any suggestions for improvement. Citizens are also provided with copies of the Draft C.A.P.E.R. to be submitted to HUD. Citizen comment is invited at this time. Citizen comments are incorporated into the C.A.P.E.R. for submission to HUD. I AGENDA, ~TE OR: 2764 078! 2. Community Development Needs Hearing The public hearing to address the identification ofneefls will be held early in the program year to allow citizens to comment on or present their own project proposals. The hearing is presided over by HU-I staff and provides an opportunity for citizens and organizations to provide input and to respond to activities and questions regarding the grant programs. Attendees are informed of the amount of funds expected, the range of activities that may be undertaken, the estimated amount of funds, activities likely to displace residents or businesses, if any, the County's plans to minimize such displacement, if any, and the types of assistance the County will make available to displaced persons, if ans'. 3. Notices of Meetings and Hearings The public will be notified of all hearings through the local media, namely the: 1. Naples Daily News ~ 2. Immokalee Bulletin 3. Public Access Channel 54 Plans are underway to advertise via the County's Internet Website. Notices will be published approximately 10-15 days prior to each hearing. SECTION 5 BOARD OF COUNTY COMMISSIONERS (BCC) The BCC has ultimate responsibility for the Consolidated Plan as the County's elected authority. The BCC's first action is to approve the recommended list of activities for publication (for public comment). Following the review of the proposed activities, the BCC meets to review and approve the Consolidated Plan. Taking public comment into account, the BCC approves the Consolidated Plan submission prior to submission to HUD. SECTION 6 PROGRAM INFORMATION The following information concerning the program is published in area newspapers: the am,~tmt of Community Development Block Grant funds available to the County 'the. eligible range and types of activities for which the funds may be used; the date, time and location of all hearings; The information is disseminated in public buildings located throughout the County. Copies of the Citizen Participation Plan are placed in libraries and the County Services Building. On public record, located in the County Services Building, are all mailings and reports, all minutes and records of meetings and hearings, Grant Agreements, monitoring repor~-, pi-,:,~:~,m~,~Ta~ ..... dAN 0 OR: 2764 PG: 0786 applications for other programs, Consolidated Plans, Consolidated Annual Performance and Evaluation Reports (C.A.P.E.R.) and all program files. These may be reviewed between 8:00 at a.m. and 5:00 p.m. Monday '*' ..... ~' tlU,.,,,t;,, Friday. Copies of most itorn~ are available ~,po,, no charge. SECTION 7 HANDICAPPED AND BILINGUAL PROVISIONS The County will meet all the handicapped provisions under federal law and will also make provision for bilingual meetings. For assistance please contact HUI one week before the meeting. SECTION 8 COMPLAINTS AND INQUIRIES Complaints and inquiries concerning the grant programs are conveyed by contacting, in writing or by phone, the CDBG staff office at Housing and Urban Improvement 3050 N. Horseshoe Drive, #145 Naples, Florida 34104 Phone: 941/403-2330 Complaints and related comments may also be offered at the public hearings. Responses to all written complaints and comments received will be provided within 15 working days of receipt. If not satisfied at the local level, complaints may also be made to the Miami Office of the U.S. Department of Housing and Urban Development (HUD) at the following address: U.S. Department of Housing and Urban Development Community Planning and Development Division 909 SE First Avenue, Room 500 Miami, Florida 33131-3028 SECTION 9 SUBMISSION OF CONSOLIDATED PLAN Following BCC approval of the Consolidated Plan, the Plan will then be submitted to HUD along with certifications of compliance with program requirements. HUD accepts the Consolidated Plan unless the submission is incomplete or lacks all required certifications of program compliance- Following acceptance of the Consolidated Plan and execution of the grant agreement with HUD, the Count can amend its plan to carry out an activity not previously described or to substantially change the purpose, scope, location or beneficiaries of an activity. The. County has, pursuant to HUD regulation 24 CFR 91.505 (b), developed the following criteria for what constitutes a SUBSTANTIAL CHANGE_: ............ J/~N 049 OR: 2764 PG: 0787 The County decides to change the purpose/stated objectives or beneficiaries of an activity. 2. The County decides to change the scope as it relates to the kind of basic eligible activities, or to cancel, or add an activity. 3. The County decides to change the location of an activity. 4. The County decides to make a change in its allocation prior/ties or a change in the method of the distr/bution of funds. The County decides to increase the dollar amount of an individual activity identified in the Consolidated Plan Annual Action Plan by at least 50% in the year in which funds were appropriated. Prior to amending its Consolidated Plan for a new activity or a substantial change, the County will publish it in an area newspaper in order to obtain public comment. SECTION 10 CITIZEN PARTICIPATION PLAN UPDATE Collier County's Citizen Participation Plan may be updated and amended as the Board of County Commissioners deems necessary depending upon changes in the applicable regulations, recognized needs by staff, and suggested changes by citizens. All changes, unless mandated by regulation, will serve to further maximize participation by the County's residents, especially those of lower income. 00-111 AGENDA ITEM JAN 0 9 2001 Retn: CLBRK TO ?HE BOARD INTEROFFICE 4TH FLOOR 2736585 OR: 2764 PG: 0780 RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 0l/ll/2001 at 09',26AH DWIGHT {1. BROCI, CLERK RESOLUTION NO. 2001 - n) _ C0?IE8 31.50 8.00 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING A CITIZEN PARTICIPATION PLAN TO GUIDE THE DEVELOPMENT OF COLLIER COUNTY'S FIVE- YEAR CONSOLIDATED PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WttEREAS, Collier County has been notified by the U.S. Department of Housing and Urban Development (HUD) that Collier County, including its participating cities, is now eligible to enter the Comnmnity Development Block Grant (CDBG) program as an Entitlement Community; and' WHEREAS, HUD, as a pre-condition for disbursing entitlements, requires an Urban County, such as Collier County, to adopt a plan to guide the participation of its citizens and other community organizations in the development of Collier County's Consolidated Plan for utilizing the entitlements it receives. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The Citizen Participation Plan (Plan) attached to this Resolution is incorporated by reference, and is adopted by Collier County as if set forth fully in this Resolution. BE IT FURTHER RESOLVED that this Resolution and attached Plan be recorded by the Clerk of Courts in the Public Records of Collier County, Florida· This Resolution adopted this ~'~'q day of and majority vote favoring same. ." ATTEST: ' ' _ DWIGHTE. BROCK, CLERK ' Ao'proved as to form and t~l suffic(ency: Patrick G. White Assistant County Attorney 2001 after motion, second By: BOARD OF COUNTY COMMISSIONERS OF c~CO~ AFFIDAVITS OF PUBLICATIONS FOR PUBLIC HEARINGS Amended Consolidated Plan One~Year Action Plan FY 2001-2002 (4-03) Collier County, Florida 16 NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE CITIZENS ADVISORY TASK FORCE (CATF) AT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES, CONFERENCE ROOM "E", 2800 N. HORSESHOE DRIVE, NAPLES, FL AT 4:00 P.M. ON THURSDAY, MARCH 20, 2003. AGENDA 1. Roll Call 2. Approval o£Minutes a. Approval of Minutes for December 12, 2002 3. Review of Small Cities Community Development Block Grant 4. Review of FY 2003-2004 One-Year Draft Action Plan 5. FY 01-01/02-03 Project Updates 6. Schedule next CATF meeting 7. Adjournment ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITIZENS ADVISORY TASK FORCE, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU REQUIRE SPECIAL AID OR SERVICES AS ADDRESSED IN THE AMERICANS WITH DISABILITIES ACT OR REQUIRE SOMEONE TO TRANSLATE OR SIGN, PLEASE CONTACT THE FINANCIAL ADMINISTRATION AND HOUSING OFFICE AT (239) 213-2937, NO LATER THAN TWO (2) DAYS PRIOR TO THE PUBLIC HEARING DATE. Collier County CATF Meeting March~,~, 2003 - 4:00 p.m 2800 N. Horseshoe Drive (Development Services Building) Conference Room "E" Naples, Florida 34104 Sign-In Sheet NAME ADDRESS ~FAE CDBG Citizen Advisor)/Task Force March 20, 2003 4:00 PM Community Development and Environmental Services Building Conference Room "E" 2800 N. Horseshoe Drive, Naples, Florida 34104 Agenda Call Meeting to Order- Roll Call A. Introduction of New CATF Member- Fred Thomas B. Election of new CATF Chair II. Approval of Meeting Minutes A. Approval of December 12, 2002 Meeting Minutes III. Review of Small Cities Community Development Brock Grant -Immokalee Manufacturing Facility II IV. Review of FY 2003-2004 One-Year Draft Action Plan V. FY 2001-2002 Project Update/Amendment VI. FY 2002-2003 Project Update VII. New Business A. Discuss possible bus tour of FY 02-03 projects VIII. Adjourn CITIZENS ADVISORY TASK FORCE COMMITTEE March 20, 2003 Meeting (Minutes Tentative Until Approved by the CATF) The meeting was called to order at 4:04 p.m. by Janeen Person-Coale. ROLL CALL ABSENT There was a quorum prese: PRESENT Bill McCarthy X Fred Thomas X Ellen Christian-Myers X David Corban X Russell Tuff X II. Staff Present: Financial Administration and Housing (FAH) staff- Denny Baker, Lee Combs, Sus~ Alden, Gary Young, Janeen Person-Coale and Julia Langhorn III, Introduction of new CATF member Mr. Fred Thomas by Janeen Person-Coale. Mr. Thomas a brief over view of his career. Russell Tuff was congradulated for his re-appointment to a second term. Vo VI. VII. Election of CATF New Chair. Ellen Christian-Myers nominated David Corban. Second motion by Russell Tuff. Motion to approve, carried 5/0. Approval of December 12, 2002 minutes. Bill McCarthy motion to approve, second by Russell Tuff. Motion to approve carried 5/0. Review of Small Cities Community Development Block Grant-Immokalee Manufacturing Facility II. Overview, synopsis and status provided by Staff followed by question and comment period from CATF members. Review of FY2003-2004 One-Year Draft Action Plan. Overview of projects and CDBG funding provided by Staff. Plan to be on BCC agenda on 4/22/03. Chair David Corban to attend meeting. FY2001-2002 Project Update. Staff proposed approval of recaptured funding from FY 01-02 for two projects. The Rural Prescription Drug Program, which will receive an additional $46,500, and a new project recommended by staff, the Youth Work Program for Immokalee which will receive funding in the amount of $50,000. Motion to approve by Fred Thomas, 2 second by David Corban. Motion to approve carried 4/1 with Russell Tuff voting against, with a request for staff to provide budgetary information within thirty days to CATF Members. 1X. FY2002-2003 Project Update. Staff reviewed current status of all related projects followed by question and comment period for CATF members. New Business-Discuss possible bus tour of FY02-03 Projects. CATF members unanimously voted in favor of touring 2002-2003 projects and requested staff to contact them with possible dates in May. XI. Meeting was adjourned by CATF Chair, David Corban at 5:20 p.m. o c.),C programs and non-hous goals of the CP are t envlronmentl and expanc Income persons. The Cit to review Amended Pro Included in the amended 2001-2002 was $2,087,( following table demonstr. budget (proposed projec~ COL LIER COUNTY, FLORIDA AMEN[ MENT TO THE CONSOLIDATED PLAN ONE-YEAR ACTION PLAN FOR FY 2001-2002 iS AVAiL.ABLE FOR REVIEW AND PUBLIC COMMENT Collier County is amendi~ g the FY 2001-2002 Consolidated Plan One-Year Action Plan due to the availabill~ of Community Development Block Grant (CDBG) funds previously allocated to alproject that has been withdrawn. An amendment to the Consolidated Plan One-~Year Action Plan is required "whenever a Community Development Block Gran~ (CDBG) program activity Is deleted or added, or when a change in purpose, scop.~, location, or beneficiary of an activity previously stated is changed, resulting il a reallocation of CDBG funds," according to the Consolidated Plan Citiz~ n Participation Plan adopted on January 9, 2001. The Consolidated Plan (CP) i: required by the U.S. Department of Housing and Urban Development (HUD). Thl CP is a document, which is used to guide housing ng community planning for fiscal year 2001-2002. The ~: provide decent housing; provide a suitable living economic opportunities for veT Iow, Iow and moderate- tens Advisory Task Force {CATF) met on March 20, 2003 acts for CDBG funding and to propose projects to be One-Year Action Plan. The total funding allocation for FY )00; approximately $96,$00 has been reallocated. The ~tes the changes from the original budget to the amended PROJECT TITLE/DESCI= Infrastructure Improvem~ Infrastructure Improvemer Housing Rehabilitation- Wolfe Apartments - Spec Street Lights- Immokale Storm Drainage Improve Park Improvements - Na Temporar~ Employment Rural Prescription Medic Immokalee Youth Servic~ Program Planning and A, IPTION nt~ - Habitat Village ts- Affordable Housing -Imrnokalee ~olUer Housing Alternatives iai Needs Housing neats - MarCo Island 31es ~ervices atica Program :lministration OP~0flTUNIT¥ The Fair Housing ~t ~hlbt~ n~ion~ oHgln, color, rd~ion hnndlc~ ~d ORIGINAL AMENDED AMOUNT AMOUNT BUDGETED BUDGETED $600,000 $213.000 $ 47,000 $224,160 $ 4~,000 $260,000 $250,000 -0- $106,500 $ 50,000 $298,340 $B00 000 $213 000 $ 47 000 $224,1 60 $ 48,000 $250 ,ooo $2~0,000 $ g~ 500 $ 60 0o0 $298,340 $~,0~7,OOO Public Comment PeriodI Copies of the amendedl One-Year Action Plan are available in all Collier County libraries as well as at th/p Financial Administration and Housing (FAH) Department, $050 N. Horseshoe DriVe, Suite 275, Naples, FL 34104. The CP Is available in a ,ons with dlsabilifiea upon request (23g 21 3-2937), Written ;pted from April 11, 2003, through May 12, 2003. All will be considered in preparing the amended One-Year adoption of the amended Consolidated Plan One-Year rd of County Commissioners at a Public hearing at the · d of County Commissioners meeting on May 27, 2003, aid or services as addressed in ~he Americans with require sgmeone to translate or sign, please con[act the 3-2937, no later than two (2) days prior to the Public format accessible to per comments will be acc, comment~ from citizen,, Action Plan, Public Hearing Final action will be th~ Action Plan by the BO; regularly scheduled Boa If you require special Disabilities Act (ADA) o FAH office at (23g) 21 Hearing date. Naples Daily Neus Fax:9412654F03 I~pr 9 2003 9:05 P. 02 COND ENMIENI DEl FISCA RE'~ El Condado de Colliar ~ un A~o, debldo a qua I; de la Comunidad (CDC( Uno enmienda del Plan el Programa de Desarrc aRadida, o cue, nde can' actlvldad qua ha estadc tDO DE COLLIER, FLORIDA )A PARA EL PLAN CON$OLIDADO-PLAN ~CCION POR UN A~O PARA EL A~O L 2001-2002 ESTA DISPONIBLE PARA t$16N Y COMENTARIOS POBLICO$ proh,l~e la dlacrtmlnacl6n JDa~ada e~ I*~n, ~aXO, nac;onaJldad, color, estado familia, sta enmendando el Plan Consolidado-Plan de Accl6n per ~ disponlbllldad de los rondos del Programa de Desarrollo I) previamenl:e aslgnados a un proyecto qua se ha retlrado, Consolidado-Plan de Acci(Sn es requarlda "siempre queen Iio de la Comunidad (CDBG) uno actividad sea ellminada o bio de prop6stlto, =~rea, Iocallzaci6n, o beneflclarlo de uno prevlamenta es cambiada, resultando en la re-localizaci~n IDEtG"~ en acuerdo con el Plan Consolidado-Plan de para los rondos de ~ Participaci0n Ciudada~ a adoptado el g de enero de 2001, El Plan Consolidado (CP) es requerido per ~1 Departamento de Vlvlenda y Desarrollo Urbane de los Estados Unidos (HUD).l El CP es un documento qua es usado como gul'a en el programa de vivienda yJ planifica~i6n de las areas de la comunidad de no-vivienda para el a~o fiscal 20011-2002. Las metas del CP son: proveer vivienda decente, proporcionar un aml~lente conveniente; y qua amplie las oportunidades econ0mlcas para muy ~)ajo ingreso, bajo y las personas de ingreso moderado. El Asesor de Destacamento de Fuerzas para el Ciudadano (CATF) se reunira el 20 de marcha de 2003 para las aplicaciones elegibles para los fondos de CDBG y .. para proponer s que sean Incluidos en la enmienda Plan de Acci6n per un A~o. La asignaclOn de los rondos para el afio fiscal rue $2,087,000; aproximadamente $96 500 han siclo re-localizados, La tabla a continuacl6n demuestra los cambio (proyectos propuestos) TITULO / DE$CRIPCI~ del presupuesto original y del presupuesto enmendado DEL PROJECTO Mejoras de la ctura-HAbitat Village Mejoras de la ira- Affordable Housing- Immokalee RehabilitaciOn de Vivier dos- Collier Housing Alternatives Wolfe ApartrT para necesidades especiales Alumbrado de las Calle ~- Immokalee Mejoras del Drenaje de uas Proveniente de Tormentas Mejoramiento de Parq~ Servicios de Empleo Program~ Rural de Servicio Juvenil de Administraci6n y Planif GRAN TOTAL }orero icinas Recetadas iokalee cie Programa CANTiDAD OANTIDAD DEL PRESUPUESTO PRESUESTO ORIGINAL ENMENDADA $600,000 $600,000 $213,000 $213,000 $ 47,000 $ 47,000 $224,1 60 $224,160 $ 48,000 $ 48i000 $250,000 $250,000 $250,000 $250,000 $ 96,500 -0- $ 60,000 $10B,500 -0- $ 50,000 $298~340 $298,340 ~Z,OB7,000 ~iZ~O~7,OOO Perfodo de Comentari, Pdblico Unas copias de la del Plan de Accidn per un A~o estar~n clispon[bles en las librer[as del'Conclado de Collier como tambi6n en el Departamento de Administrac~6n era y Viviandn (FAH), Iocall:~ado en 3050 N, Horseshoe Drive, Suite 275, FL 34104. El CP est~ dlsponlble en forma accesible para personas de set solicitadas (239 ~-13-2937.) Los cemantarios per escrftos saran aCepta~ ,os desde el 11 de abril de 2003 hasta el 12 de mayo de 2003, Tados los corn :ntarios del p~bllco ser.~n considerados para preparar ta Enmienda del Plan da Audiencin P0blioa La acci6n final para Acci6n per un A~o p~blica en su horatio mayo de 2003, si usted necesita ayuc Personas con Dlscap lenguaje de se6as, de[ mas tarc~ar de dos (2) ,cci6n per un A~o. adopci6n de la enmienda del Plan Consolidado-Plan da la Junta de Comisionados del County en una audiencia ·aoulnr de la Junta de Comisionado~ del Condado el 27 de especla{ o servicios dirigidos par El Acre Americana p~ra ~cidacl o alguien nece~lta qua se traduzca o el uso dc contactar a ia oficina e FAH al n~mero (239) 213-2937, no antes de la Audienci~ Pt3blica. EXECUTIVE SUMMARY PUDZ-2003-AR-3569, ROBERT DUANE, OF HOLE MONTES, INC., REPRESENTING NORTH NAPLES GOLF RANGE, INC., REQUESTING A REZONE FROM THE "PUD" ZONING DISTRICT (GADALETA PUD) TO A NEW PLANNED UNIT DEVELOPMENT (PUD) DISTRICT TO BE KNOWN AS THE NORTH NAPLES RESEARCH AND TECHNOLOGY PUD. TII. IS PROJECT WILL ACCOMMODATE RESEARCH AND TECHNOLOGY USES AND LOW ENVIRONMENTAL IMPACT MANUFACTURING ACCORDING TO THE RESEARCH AND TECHNOLOGY PARK DISTRICT OF THE FUTURE LAND USE ELEMENT. A MINIMUM OF FOUR (4) RESIDENTIAL WORK FORCE HOUSING UNITS ARE ALSO PROPOSED TO BE PROVIDED. THE PROPERTY TO BE CONSIDERED FOR THIS REZONE IS LOCATED ON THE WEST SIDE OF OLD U.S. 41 IMMEDIATELY SOUTH OF THE LEE COUNTY LINE, IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA. THIS PROPERTY CONSISTS OF 19.3+ 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 proposes an amendment (by way of a PUD to PUD rezone) to the existing Gadaleta PUD. (The entire Gadaleta PUD language is being repealed, therefore the North Naples Research and Technology Park PUD is effectively a new PUD.) The current PUD permits residential land uses and a golf driving range. The property is currently being used as a golf driving range. The Research and Technology Park Subdistrict was adopted on May 14, 2002. The subdistrict provides for targeted and non-targeted industries. The target industries are identified in the Future Land Use Element. Non-target industries include hotels and commercial (C-1 through C-3) uses that provide support services to the target industries. The subdistrict requires that research and technology parks adjacent to residential developments provide a workforce housing component. The proposed PUD provides workforce housing. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. Howew approved, a portion of the existing land will be further developed. The fact that n :w aevelo~ment 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 following impact fees will be applicable to this project: · Park Impact Fee: · Libraries Impact Fee: · Fire Impact Fee: · Road Impact Fee: Correctional Facility: · EMS Impact Fee: $578 $ 578 $180 $ 180 $0.30 per square foot under roof $ 30,000 $8,375.00 per 1,000 square feet $837,500 $1.3260 per square foot $132,600 $299.00 per 1,000 square feet $ 29,900 The estimated total amount of impact fees for the proposed rezone is $1,030,758. It should be noted that because impact fees vary by type of commercial 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. Finally 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 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: This petition has been designated as a fast-track petition through the Economic Development Council. The petition was scheduled and the Staff Report was signed before the Growth Management Plan consistency review was completed for the latest submission. That review will be attached as an addendum. MAY 2 ? 2003 ENVIRONMENTAL ISSUES: There are no unusual environmental issues associated with this petition. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The En,'ironmental Advisory Council heard this petition on April 2, 2003 and by a vote of 7 to 0, recommended approval of the North Naples Research and Technology Park PUD. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on May 15, 2003. The Planning Commission heard testimony from the petitioner, the Executive Director of the Economic Development Council, County Staff, and the agent for the adjacent property to the north, Spanish Wells. Discussion focused on the fact that the Code does not require notification of property owners outside of Collier County (Spanish Wells is in the City of Bonita Springs in Lee County). The agent stated that if more notice were provided, they might have requested a larger buffer between the two properties. The Planning Commission voted 8 to 0 to recommend approval of the North Naples Research and Technology Park PUD to the Board of County Commissioners with the added condition that an 8-foot wall be located along the north property line. PLANNING SERVICES STAFF RECOMMENDATION: Staff analysis indicates that the proposed North Naples Research and Technology Park PUD is compatible with surrounding land uses. Contingent upon the Growth Management Plan Consistency review, Planning Services staff recommended that the Collier County Planning Commission forward Petition PUDZ-2003-AR-3569 to the Board of County Commissioners with a recommendation of approval subject to the PUD document. 2 ?'2°°3I PREPARED BY: ~L, AICP PRINCIPAL PLANNER DATE REVIEWED BY: sus,5/N MURRAY, AI¢/p CURRENT PLANNING MANAGER 5.8 .o.3 DATE DATE APPROVED BY: DATE/ MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR PUDZ-2003-AR-3569 NAY 2 ? 2003 MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION APRIL 28, 2OO3 PETITION: PUDZ-2003-AR-3569 NORTH NAPLES R&T PARK PUD OWNER/AGENT: Agent: Owner: Robert L. Duane, AICP Hole Montes, Inc. 950 Encore Way Naples, FL 34110 North Naples Golf Range, Inc. 16979 Old US 41 Bonita Springs, FL 34110 REQUESTED ACTION: The petitioner wishes to amend the Gadaleta PUD to provide for a Research and Technology Park PUD as permitted by the Research and Technology Park Subdistrict of the Future Land Use Element of the Growth Management Plan. GEOGRAPHIC LOCATION: The property is located at the Collier-Lee County line west of Old US 41. The site consists of 19.3 acres. PURPOSE/DESCRIPTION OF PROJECT: · he petitioner proposes an amendment (by way of a PUD to PUD rezone) to the existing (The entire Gadaleta PUD is "struck-through", therefore the North Naples Research and T, aad~ ehnolo~:y P_ark _ P4A¥ 2 l 2003 ~--'nUD is effectively a new PUD.) The current PUD permits residential land uses and a golf driving range. £he property is currently being used as a golf driving range. The Research and Technology Park Subdistrict was adopted on May 14, 2002, a copy is attached. The subdistrict provides for targeted and non-targeted industries. The target industries are identified in the Future Land Use Element. Non-target industries include hotels and commercial (C-1 through C-3) uses that provide support services to the target industries. The subdistrict requires that research and technology parks adjacent to residential developments provide a workforce housing component. SURROUNDING LAND USE AND ZONING, Subject Parcel: Su~ounding: North: East: South: West: The parcel is a 19.3-acre site developed as a golf driving range Spanish Wells residential and golf course development within the City of Bonita Springs Old US 4 fright-of-way, across which is developed property; zoned Industrial Plant nursery; zoned Agricultural Residential development; zoned PUD (Sterling Oaks PUD) GROWTH MANAGEMENT PLAN CONSISTENCY- This petition has been designated as a fast-track petition through the Economic Development Council. The petition was scheduled and the Staff Report was signed before the Growth Management Plan consistency review was completed for the latest submission. That review will be attached as an ,~ddendum. , MAY 2 Z 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, 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: Under the density rating system, the base density is 4 dwelling units per acre. The property is within the Traffic Congestion Area and so is eligible for an adjusted base density of 3 dwelling units per acre. The site can support up to twelve dwelling units [+ 2.7 acres of preserve area + 1.23 acres of FPL easement area = 3.93 acres x 3 dwelling units per acre] without density bonuses for work force (affordable) housing. With the density bonus for affordable housing, up to 43 dwelling units could be provided, and even more if more land area were devoted to workforce housing. The Research and Technology Subdistrict provides no minimum number of workforce housing units. However, it is staff's opinion that the intent of the subdistrict requires a development of this size to provide more workforce housing. North Naples Research and Technology Park is adjacent to two residential developments: Sterling Oaks to the west, and Spanish Wells to the north. Sterling Oaks is separated from developable parcels of the North Naples Research and Technology Park by a minimum of 300 feet of landscaping, berm, stormwater retention lake, and FPL easement. The portion of Spanish Wells adjacent to the North Naples Research and Technology Park is currently undeveloped. Therefore, it is staff's opinion that the proposed PUD is compatible with surrounding land uses. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council heard this petition on April 2, 2003 and by a vote of 7 to 0, recommended approval of the North Naples Research and Technology Park PUD. PLANNING SERVICES STAFF RECOMMENDATION: Staff analysis indicates that the proposed North Naples Research and Technology Park PUD compatible with surrounding land uses. The Growth Management Plan Consistency rew this Staff Report. Contingent upon the Growth Management Plan Consistency review, ~ staff recommends that the Collier County Planning Commission forward Petition PUDi~ to the Board of County Commissioners with a recommendation of approval subject to th attached to this Staff Report. is ;-20~)'AD 2569 PREPARED BY: PRINCIPAL PLANNER DATE REVIEWED BY: A C? f CURRENT PLANNING MANAGER M~RGAR~ WUERg-TL"'E,° AICP PLANNING SERVICES DIRECTOR S.?- o'~ DATE DATE APPROVED BY: O EPH K. SC ' I'1~ " ELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR Petition PUDZ-2003-AR-3569 COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN g/cutrent/reischl/PUD/R&TIs~rt/PUDZ-2003.AR-3569 · Prior to commencement of any development in the Subdistrict, a unified plan of development for the entire Subdistrict must be approved by the Board of Collier County Commissioners. · The type of landscape buffers within this Subdistrict shall be no less than that required in mixed use activity centers. (Vl)12. Research and Technoloqy Park Subdistrict The Research and Technology Park Subdistrict is intended to provide for a mix of targeted industry uses - aviation/aerospace industry, health technology industry, information technology industry, and light, Iow environmental impact manufacturing industry and non-industrial uses, designed in an attractive park-like environment where landscaped areas, outdoor spaces and internal interconnectivity provide for buffering, usable open space, and a network of pathways for the enjoyment of the employees, residents and patrons of the park. Research and Technology Parks shall be allowed as a Subdistrict in the Urban-Mixed Use District, Urban Commercial District and Urban Industrial District, and may include the general uses allowed within each District, the specific uses set forth below, and shall comply with the following general conditions: a. Research and Technology Parks shall be permitted to include up to 20% of the total acreage for non-target industry uses of the type identified in paragraph "d" below; and, up to 20% of the total acreage for workforce housing, except as provided in paragraph j below. At a mi.,"imum, 60% of the total park acreage must be devoted to tcrget industry uses identified in paragraph c below. The specific percentage and mix of each category of use shall be determined at the time of rezoning in accordance with the criteria specified in the Land Development Code. b. Access to arterial and collector road systems shall be in accordance with the Collier County Access Management Policy and consistent with Objective 7 and Policy 7.1 of the Transportation Element. c. The target industries identified by the Economic Development Council of Collier County are aviation/aerospace industry, health technology industry and information technology industry, and include the following uses: software development and programming; internet technologies and electronic commerce; multimedia activities and CD-ROM development; data and information processing; call center and customer support activities; professional services that are export based such as laboratory research or testing activities; light manufacturing in the high tech target sectors of aviation/aerospace and health and information technologies; office uses in connection with on-site research; development testing and related manufacturing; general administrative offices of a research and development firm; educational, scientific and research organizations; production facilities and operations. d. Non-target industry uses may include hotels at a density consistent with the Land Development Code, and those uses in the C-1 through C-3 Zoning Districts that provide support services to the target industries such as general office, banks, fitness centers, personal and professional services, medical, financial and convenience sales and services, computer related businesses and services, employee training, technical conferencing, day care center, restaurants and corporate and government offices 23.2 (VI) = Plan Amendments CP-2001-4 & 5 adopted by Ordinance No. 2002-2z MAY 2 7 2003 on e. When the Research and Technology Park is located within the Urban Industrial District or includes industrially zoned land, those uses allowed in the Industrial Zoning District shall be permitted provided that the total industrial acreage is not greater than the amount previously zoned or designated industrial. When a Research and Technology Park is located in the Urban Commercial District or Urban-Mixed Use District, the industrial uses shall be limited to those target industry uses. The Planned Unit Development Ordinance or Rezoning Ordinance for a Research and Technology Park project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. f. Research and Technology Parks must be a minimum of 19 acres in size. g. Research and Technology Parks located within Interstate Activity Center quadrants that permit Industrial Uses shall also be required to meet the standards as stated under the Interstate Activity Center Subdistrict for commercial and industrial land uses. h. Standards for Research and Technology Parks shall be adopted for the development of individual building parcels and general standards shall be adopted for pedestrian and vehicular interconnections, buffering, landscaping, open spaces, signage, lighting, screening of outdoor storage, parking and access management. i. When located in a District other than the Urban Industrial District, the Research and Technology Park must be adjacent to, and have direct principal access to a road classified as an arterial or collector in the Transportation Element. Direct principal acces~ is defined as a local roadway connection to the arterial or collector road, provided the portion of the local roadway intended to provide access to the Research and Technology Park is not within a residential neighborhood and does not service a predominately residential area. j. Research and Technology Parks shall not be located on land abutting residentially zoned property, unless the Park provides workforce housing. When abutting residentially zoned land, up to 40% of the Park's total acreage may be devoted to workforce housing and ali or a portion of the workforce housing is encouraged to abut such adjacent land where feasible. k. Whenever workforce housing is provided, it shall be fully integrated with other compatible uses in the park through mixed use buildings and/or through pedestrian and vehicular interconnections. I. Whenever workforce housing (affordable housing) is provided, it is allowed at a density consistent with the Density Rating System. m. Building permits for non-target industry uses identified in paragraph "d" above shall not be issued for more than 10,000 square feet of building area prior to issuance of the first building permit for a target industry use. n. Research and Technology Parks must be compatible with surrounding land uses. o. Research and Technology Parks must utilize PUD zoning. The maximum additional acreage eligible to be utilized for a Research and Technology Park Subdistrict within the Urban-Mixed Use District is 1000 acres, exclusive of open space and conservation areas. 23.3 (VI) = Plan Amendment CP-2001-5 adopted by Ordinance No. 2002-24 on May 14, 2002 REZONE FINDINGS PETITION PUDZ-2003-AR-3569 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Staff analysis (see attached Staff Report) indicates that the proposed PUD is consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the Growth Management Plan, including the Research and Technology Park Subdistrict. The existing land use pattern; Pro: The parcel is consistent with the Research and Technology Park Subdistrict for PUDs adjacent to residential developments.. Con: The current zoning allows residential uses and a golf driving range. Summary. Findings: The proposed land use is consistent with the Growth Management Plan and specifically with the Research and Technology Park Subdistrict. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed PUD is surrounded by industrial, agricultural, and residential uses. Con: Evaluation not applicable. Summary Findings: The proposed land use is consistent with the Growth Management Plan and specifically with the Research and Technology Park Subdistrict; and therefore, will not create an isolated district. MAY 2 7 2003 Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. .Pro:. The proposed district boundaries are logically drawn since they are consistent with the Growth Management Plan. Con: Evaluation not applicable. Summary Findings: The current district boundaries are logically drawn. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The petitioner believes that changing market conditions require the proposed amendment. Con: Evaluation not applicable. Summary Findings: Changing conditions (including the adoption of the Research and Technology Park Subdistrict) have resulted in the submittal of this amendment. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The proposed amendment will be compatible with adjacent residential developments. The nearest developable parcel is over 300 feet from Sterling Oaks and adjacent to Sterling Oaks, a wall with landscaping will be required. .Con: Evaluation not applicable. Summary Findings: The proposed amendment will not adversely affect living conditions in the neighborhood. 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. MAY 2 7 2003 0 0 10. Pro: Analysis by the Transportation Services Division has determined that the proposed PUD excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses. Con: Evaluation not applicable. Summary Findines: The proposed amendment will not excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses. 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 should 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 should not be created when construction is done in accordance with the permit. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed land uses will be required to meet building setbacks and height restrictions. 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. Whether the proposed change will adversely affect property values in the adjacent area; Pro: This site will be buffered from adjacent residential uses. Con: Evaluation not applicable. Summary Findings: An appraisal of estimated future property values resulting from a rezone was not required to be submitted. 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. Summary Findings: The development of adjacent properties in accordance with existing regulations will not be affected. 12. 13. 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 proposed rezone is determined by the Board of County Commissioners to be in compliance with the Growth Management Plan, the proposed change will not constitute a grant of special privilege. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The property today could be used to construct a residential community. However, the developer wishes to implement the standards of the recently created Research and Technology Park Subdistrict. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The Board of County Commissioners may make a finding that the proposed development complies with the Growth Management Plan, depending on compatibility. Con: Evaluation not applicable. 20113 Summary Findines: The Board of County Commissioners may make a finding that the proposed development complies with the Growth Management Plan, depending on compatibility. 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 construct residential uses on this parcel. 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. Pro/Con: Evaluation not applicable. Summary Findings: While site conditions may restrict the location and square-footage of the buildings, 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 a research and technology park with workforce housing. The Site Development Plan or Plat will be reviewed for compliance with the Levels of Service required for public facilities in the area. MAY 2 7_ 2QQ3- ENVIRONMENTAL ADVISORY COUNCIl, STAFF REPORT Item V.C. II. III. IV. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development No. PUDZ-2003-AR-3569 North Naples Research and Technology Park North Naples Golf Range Inc. Hole Montes, Inc. Southem Biomes, Inc. LOCATION: The subject property tbtals approximately 19.3 acres in size and is located on the west side of Old US 41 where Collier County borders the City of Bonita Springs in Section 10, Township 48 South, Range 25 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIEE: Surrounding properties include developed and undeveloped parcels. Most of the land to the south of the subject property is undeveloped. ZONING DESCRIPTION City of Bonita Springs Spanish Wells Rural Agricultural Nursery E - Industrial Industrial uses Sterling Oaks PUD Single-family residential PROJECT DESCRIPTION: The subject PUD is being reviewed under the new Research and Techr~lo~~A rrl~ ,,~ Subdistrict of the Future Land Use Element of the Growth Mana;~e~-~. 1'7 ]~ lMAY 2 7. 2003 EAC Meeting North Naples R&T Park Page 2 of 8 This subdistrict permits a PUD to include certain uses, which previously could only be permitted within an Activity Center, if specific criteria are met. These criteria include Targeted-Uses. The project includes a mix of Targeted-Use Areas - aviation/aerospace industry, health technology industry, information technology industry; and other light, low environmental-impact uses. Also permitted are Non-Target Use Areas that provide support services to the Targeted-Use Areas, such as general office, banks, restaurants, personnel and professional services. Since the North Naples Research and Technology Park PUD is adjacent to residential uses (Sterling Oaks and Spanish Wells) workforce housing is required to be provided. The PUD provides for four (4) work force housing units to be located in a mixed-use structure. Both upland and wetland preserve areas are provided for on the PUD Master Plan "Exhibit A" and comprise approximately 2.7 acres. The petition has qualified as a "Fast-Track" petition under criteria adopted by the Board of County Commissioners and monitored by the Economic Development Council. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject PUD is being reviewed under the new Research and Technology Park Subdistrict of the Future Land Use Element of the Growth Management Plan. Because this is a Fast-Track petition, the PUD was scheduled to be heard by the EAC prior to completion of all reviews. At the time of the deadline for the preparation of this Staff Report, the Comprehensive Planning review had not been completed. When the Comprehensive Planning review is complete, if the PUD is found consistent with the FLUE, the petition will move forward to the Planning Commission and Board of County Commissioners; if the PUD is found to be inconsistent with the FLUE, the PUD may be revised by the petitioner to make it consistent. If any changes are made which affect environmental or water management issues, the EAC will rehear the petition. If the Comprehensive Planning review is completed before the EAC hearing, the analysis will be presented at the Council meeting. Conservation & Coastal Management Element: The proposed project is consistent with Policy 6.1.1 for the following rea 1. Greater than 15 % of the existing native vegetation is being retained o~ set aside as preserve areas. MAY 2 Z 2003 EAC Meeting North Naples R&T Park Page 3 of 8 2. A preliminary restoration plan for the preserve areas is included. These plantings will be completed and approved to mitigate for illegal clearing. 3. Connectivity of on-site wetland preserve areas to adjoining wetlands systems is being maintained. 4. The majority of gopher tortoise habitat and xeric scrub are being retained on- site. The project is consistent with Policy 6.1.4 by requiring that an exotic vegetation removal and maintenance plan at the time of Site Development Plan approval. A stipulation to this effect has been added to the PUD document. The requirement for an Environmental Impact Statement 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 at the time of Site Development 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 Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. VI. In accordance with Policy 6.2.6, the required preservation areas have been identified on the PUD master plan. Allowable uses within preserve areas are included in the PUD document. A wildlife survey for listed species was conducted for the project and included in the Environmental Impact Statement (EIS). In accordance with policy 7.1.2, wildlife habitat management plans will be required at the time of Site Development Plan approval. Copies of the EIS will be forwarded to the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) for their review and comment. MAJOR ISSUES: Stormwater Management: North Naples Research and Technology Park PUD is a 19.3 acre project located on the west side of Old U.S. 41, South of the Lee County line. The site is located within the Wiggins Pass Basin. The County maintains the stormwater facility adjacent to the east side of the FPL Easement. The stormwater system will be designed to meet SFWMD and Collier County rules and regulations fo a 9q__yf, ar 3-day storm event and for water quality. The discharge will be limil :d t~.~~r~ NAY 2 7 2003 3 EAC Meeting North Naples R&T Park Page 4 of 8 CFS/AC, and it will be directed to the ditch located on the east side of the FPL Easement. Environmental: Site Description: The subject property consists of a temporary use driving range, four acres of wetlands and approximately 15 acres of upland habitats. The uplands are comprised of development impacts from the golf driving range, a xeric scrub preserve which is required to be restored as a result of a violation, pine palmetto flatwoods, pine oak palmetto scrub. See the "unauthorized Vegetation Removal remediation Plan..." for details regarding the xeric scrub preserve restoration. There are three soil types on site. They are Immokalee fine sand, which cover most of the site, Myakka fine sand and Satellite fine sand. For a full description of the soil types see page 24 of the £IS. Wetlands: There are approximately four acres of wetlands on site. They are located on the western portion of the property with the exception of a small (less than 1/10 acre) freshwater herbaceous marsh centrally located along the south property line. The majority of the wetlands consists of willow marsh and is located on either side of the FP&L easement. A more detailed description of the wetlands is located on page 3 of the EIS. Preservation Requirements: This parcel is required to preserve 15% of the entire site in native vegetation. The requirement is generated by commitments in past PUD documents and County approvals, since the existing golf course was always identified as a temporary use. A minimum of 2.7 acres is required to be retained and is identified on the PUD master plan. Listed Species: The property was inspected for protected species in accordance with State and federal guidelines. The environmental consultant identified four species on site during their survey work. A little blue heron was seen utilizing an open water area. Two gopher tortoises were observed; one on the northern property line and one in the southeast comer of the site. They will both be located within the tortoise preserve and will be protected through a required gopher relocation/management plan. ;opher MAY 2 ? 2003. 2.0 EAC Meeting North Naples R&T Park Page 5 of 8 VII. In addition to the protected animal species on site, the consultant identified blazing star and prickly-apple cactus in areas, which will be set aside as preserves. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUDZ-2003-AR- 3569 "North Naples Research and Technology Park PUD" 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. A sixty foot (60') Drainage Easement along the easternmost side of the FPL Easement shall be dedicated to Collier County. Applicant shall coordinate this requirement with Collier County Stormwater Management Section Staff. No Certificate of Occupancy shall be issued until this Easement is properly recorded. 4. At the time of construction plan review, adequate documentation justifying the proposed enclosure of the ditch on the west side of the FPL Easement shall be provided. Environmental: The following required changes to the PUD document shall be completed prior to the Collier County Planning Commission meeting. 1. Add the following language to Section 7.3 of the PUD document: ao "The scrub oak preserve area shall be restored in accordance with the approved 'Unauthorized Vegetation Removal Remediation Plan & Exotic Vegetation Eradication & Maintenance Plan.' designed by Southern Biomes, dated Nov. 1, 2002. The mitigation plantings shall be completed, inspected and approved prior to preliminary acceptance of the subdivision or the first certificate of occupancy, whichever comes first." A Gopher tortoise (GT) relocation/management plan shall be submitted for review and approval at the time of the next development order submittal. NAY 2 7 2003 EAC Meeting North Naples R&T Park Page 6 of 8 c. Revise 7.3 B as follows, "A minimum of fifteen (15) percent of the site (at least 2.7 acres) shall be provided in retained native vegetation or replanted in accordance with Section 3.9.5.5.4 of the LDC. Areas of retained native vegetation include the 1.5 acre wetlands preserve area located on the western portion of the site, the .7 acre xeric scrub preserve at the southeast comer of the site and at least .5 acres of native vegetation to be retained along the northern property line, for a total of 2.7 acres." d. Whenever "Current Planning Section Staff" is used in the PUD, replace it with "Environmental review staff". e. Revise 7.3 E as follows; "The petitioner shall be subject to all environmental sections of the LDC and GMP at the time of final development order approvals". 2. Revise Section 4.9 of the PUD as follows, "A minimum of fifteen (15) percent of the site (at least 2.7 acres) shall be provided in retained native vegetation or replanted in accordance with Section 3.9.5.5.4 of the LDC. Areas of retained native vegetation include the 1.5 acre wetlands preserve area located on the western portion of the site, the .7 acre xeric scrub preserve at the southeast comer of the site and at least .5 acres of native vegetation to be retained along the northem property line, for a total of 2.7 acres." 3. Make the following changes to Section V, Preserve Area Requirements, of the PUD: a. Add the following language to 5.2 A, "Permitted Principal Uses and Structures, in accordance with the preserve standards of the LDC". b. Revise 5.2 A 5 as follows, "Supplemental native plantings within the preserve, after review and approval by the Environmental review staff". 4. Add the following language to Section 4.17 A. 5. "The only signage permitted within the preserves shall be directly related to the protection and educational component of the preserve." 6 HAY 2 7 2003 EAC Meeting North Naples R&T Park Page 7 of 8 PREPARED BY: STAN CHRZANOWSKI. P.E. ENGINEER SENIOR DATE JULY C. ADARMES MINOR. P.E. ENGINEER SENIOR DATE BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST DATE FRED REISCHL PRINCIPAL PLANNER DATE MAY 2 7 2003 EAC Meeting North Naples R&T Park Page 8 of 8 REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING SERVICES DEPARTMENT DIRECTOR DATE WILLIAM D. LORENZ, Jr., P.E. ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR DATE MARGARET WUERSTLE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: JOSEPH K. SCHMITT COMMUNITY DEVELOPMENT ADMINISTRATOR ENVIRONMENTAL DATE SERVICES C: SUSAN MURRAY, AICP CURRENT PLANNING MANAGER ,,.2+ APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Date Received: Planner Assigned: PUDZ-2003-AR-3569 PROJECT #2002080011 Commission District: DATE: 1/7/03 'FRED REISCHL ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s): North Naples Golf Range, Inc. Applicant's Mailing Address: 16979 Old U.S. 41 City: Naples State: Florida Applicant's Telephone #: 239-566-1303 Applicant's E-Mail Address: Not Applicable Name of Agent: Robert Duane Firm: Hole Montes, Inc. Agent's Mailing Address: 950 Encore Way City: Naples State: Florida Agent's Telephone #: 239-254-2000 Fax #: 239-254-2099 Agent's E-Mail Address: bobduane@,holemontes.com COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 Zip: 34110 Fax #: 239-596-1313 Zip: 34110 MAY 2 7. 2003 Complete the following for all Association(s) affiliated with this petition. sheets if necessary) (Provide additional Name of Homeowner Association: Sterling Oaks Homeowners Association Mailing Address: 15035 Sterling Oaks Drive City: Naples State: FL Zip: 34110 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 Disclosure of Interest Information: 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 MAY 2 7. 2003, 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 James M. Goldie, Secretary and Reg. Agent 16979 Old U.S. 41, Naples, FL 34110 Percentage of Stock 33.3% William R. Shew, President 17 Dolphin Way, Key Largo, FL 33037 33.3% Allen W. Johnson, Vice President 5835 Whisperwood Court, Naples, FL 34110 33.3% 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 LIMrrED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership 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 Contra~t: 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. 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 supplemental disclosure of interest form. Detailed legal description of the property, covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 10 Township: 48 South Range: 25 East Lot: Block: Subdivision: Plat Book: 2319 Page #:3351 Property I.D.#: 00143480008 Metes & Bounds Description: See Attached Size of property: 1582 fL X 888 t~. -- Total Sq. Ft. 1404816 Acres 19.3 (Parcel Irregular) Address/general location of sublect ~ro~ertv: 16979 Old U.S.41, Naples, FL 34110 Adiaeent zoning and land use: Zoning N PD S '~" E 'T' W PUD Vacant Land use Nursery Industrial Uses Sterling Oaks/residential I A¥ 2 7 200 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: Not Applicable Lot: Block: Plat Book Page #:~ Township: Range: Subdivision: Property I.D.#: Metes & Bounds Description: 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: Golf driving range Proposed Use (or range of uses) of the property: Research and Technology Park 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 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. Standard Re[one 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. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. Whether the proposed change will adversely influence living neighborhood. conditions 7. I~ether 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. 8. WItether the proposed change will create a drainage problem. 9. 19'hether the proposed change will seriously reduce light and air to adjacent areas. 10. }PItether the proposed change will seriously affect property values in the adjacent area. 11. 197tether 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 neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 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. 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. IIJ, 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. PUD Re~one Considerations (LDC Section 2. 7.3.2.5) I. 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. Adequacy of evidence of unified control and suitability of any proposed a contract, or other instruments, or for amendments in those proposed, par they may relate to arrangements or provisions to be made for the continu operation and maintenance of such areas and facilities that are not to be o 10. 11. maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 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 adequacy of usable open space areas in existence and as proposed to serve the development. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. o Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect orooerty: 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? 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; 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 8¼" 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]; [ ~./r~r°n~ · all existing and proposed structures and the dimensions thereof, I AY 2 ? 2003. 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, An architectural rendering of any proposed structures. An Environmental Impact Statement (ELS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. Whether or not an ELS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square fee0 of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); ±. 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. MAY 2 7 2003-.. STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NAME OF APPLICANT: North Naples Golf Range, Inc. MAILING ADDRESS: 16979 Old U.S. 41 CITY: Naples STATE: Florida ZIP: 34110 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): Same as above LEGAL DESCRIPTION: Section: 10 Township: 48 South Range: 25 East Lot: Block: __ Subdivision: Plat Book: 2319 Page #: 3351 Property I.D.#:00143480008 Metes & Bounds Description: See Attached TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM [~ CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME PACKAGE TREATMENT PLANT (GPD capacity) SEPTIC SYSTEM 0 0 0 0 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) 0 0 E] TOTAL POPULATION TO BE SERVED: 35 PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAI~ 27,750 gpd AVERAGE DAILY: 18,500 gpd B. SEWER-PEAK: 14,800 gpd AVERAGE DAILY: 19,240 gpd IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY R~~ WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS TO BE REQUIRED: Sanu,~ry, 2004. MAY 2 ? 2003 10. 11. 12. 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 affluent 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. 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. 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 fi'om any provider other than the County, a statement fi-om that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RIM 10/17/97 PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION - REQUIREMENTS # OF NOT COPIES REQUIRED REQUIRED ~1. Completed Application 20* ~. Copy of Deed(s) and list identifying Owner(s) and all 2* Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* 4. Pre-application notes/minutes 20* 5. Conceptual Site Plans 20* 6. Environmental Impact Statement - (EIS) 4 7. Aerial Photograph - (with habitat areas identified) 5' 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 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Pre-Application Fee, Application Fee and Data - Conversion Fee Check shall be made payable to Collier County Board of Commissioners 14. An electronic version of the PUD on a disk as part of the submittal packet. 15. PUBLIC PARTICIPATION MEETING: APPLICATION SUBMITTAL: Copy of Affidavit attesting that all property owners, civic associations and property owner associations were notified. Copy of audio/video recording of public meeting. Written account of meeting. 16. Affordable Housing Density Bonus Agreement 4 including all Appendices and Exhibits. 17. OTHER REQUIREMENTS: * Documents required for Long-Range planning Review * 1 additional copy ~ 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 inform~ in the delay of processing this petition. Agen~Appli¢~t Signature t A FFIDA FIT W~~~ ~, f~['~'~i~D being first duly sworn, depose and say that ~ (~fare 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 W~urther authorize~'~_ ('~ ~~t~'~ ~ _~.'~ ~ act as our/my representative in any matters regarding this Petition. reofP.~~O~er 'Signature of Property Owner J~u~F,~ g. GOLDIE Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoin.~rm, trument Was acknowl, edged before me--ay of ~~- ~,, - as identification. ~ State of Florida County of Collier - Florida)x::f-'''~ (Print, Typ~, or Stamp Commissioned APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 Name of Notary Public) MAY 2 7 2003- PI. ~ -~.liow'~ r Subject: Location: start: End: Recurrence: Meeting Statue: Required Attendees: Optional Attendeea: Pmapp meeting Room E Thu 8/1/2002 4:00 PM Thu 811/20o2 5:00 PM pAST' -TP-Ac, K- (none) Meeting orgsnizer bellowa._r; seal._s; maheuron_k; minor..j; muller..r; bedmlyo~_l: szmorlinskU; CaseitirleHelene siemion_n; weeks..d; hadleykim New Time (4:00) ~t~Z} Bob Duane is requesting ka rezone 19 acres from ~grim~Jr4 to PUD to allow for a business park. The site is located off ot' Old US-41 in North Napie.. The site is outside of the Activity Center. Fred Reischl will be the planner for this project. NAY 2 7 2003 meas, c_.be~ o,~: ~ Cbe~di.~ ts'to be ~sxed Beck {-] 10. Projg~'t or dg~lo~t n-,,',-.s proposed fur, ~x ~lz~-.~y ~,l~m-i~ i~. ~ d,~u~ (if appli=ablm; ~ wh~h~ proposed u~ exi~u$) ~~~_ Applicant Name P-~ D-~'," Phone ~.19.254.,2000 Fsa 239-2SL20~ si~uro c~ Add~in~ ~ist d~ n=t consa.,+- Pr~~'t and/or su~m~tm~ ~ ,n~ is ~M,~'~ ~ FOR STAFF USE ONLY A~ Numb= Ad~ss Nmmb~ - 'RECEIVED W :~.002~2002n 6 I~Y. LD~q.DDR~-S SINO CHECELIb*T.do~ MAY 2 7 2003 00143480008 Warranty 'Deed Domenico Oadaleta and Angels Gadaleta, Nay, 1997 A.D.. husband and wife, ~ Florida ormC~ COLLIER - ' a Florida corporation, North Naples Golf Range, /nc., of the SJO Land Trust Agreemen:, U/A dated 5/29/97,* ~u~m.:16979 Old US 41, N~T'~'S, Florida 34110 as trustee ~rin~ed Name: L,~J~ ~,/; ~ witness ae Co Both ......... TE~ & No/100($10.00) ......... ~' ~ NoR~ 1/2 OF ~ NOR~ 1/2 OF ~ NOR~ 1/2 OF ~ NORT~T 1/4 OF SECTION 10, TO.SHIP 68 SO~H. ~G~ 25 ~T, LYIN~ ~ST OF O~ US HI--AY 41 (T~I ~L)t ~. THE NOR~ ~00 Fg~ OF ~ SO~ 1/2 OF ~ NOR~ 1/2 OF ~ ~OR~ 1/2 OF ~ NOR~T 1/4 OF SECTION 10, TO. SHIP aB SO~. ~ 25 ~T, LYIN~ ~ST OF O~ US HIG~AY 41 S~jec= ~o ree=ric~ione ~d easements co~n to =he s~ivision. if ~y, ~d ~axes e~ee~en~ =o 1997. *wi~h full power an~ au=hor~y either ~o pro=ec~, conee~e ~ ~o eel1 or ~o lease, or to enc~er or ~o o~hewiee ~ge ~ dispose of =he real proper=y herein d~ecribed, pursuan= ~o ~he provisio~ of F.S. 689.071 MURPHY ~W FIRM SUI~ A ~ela Oadaleta STATE OF FLORZDA COUNTY OF COLLXER p.O. Add, ur ~72 107th AvomoI~m~.NAFL~,PL 34108 Domenico Gadaleta and Angels Gadaleta. husband and wife, Kay. ~ 9'/ 97-132 HAY 2 7 2OO3 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: 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) 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 dc'eel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 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 shaH address ali of the items listed above (for a Minor TIS, and shaH also include an analysis of the following: 2. Background Traffic ~.h,y 2 ? 2003 3. Future Traffic I~. ~'~} Through Traffic Planned/Proposed Roadway Improvements 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 use or rezone petition: e 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 0TE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 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. 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. 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. 50,000 - 99, 999 Sq. Ft. 100,000 - 199, 999 Sq. Ft. 200,000 - 399, 999 Sq. Ft 400,000 & up 2 Miles 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from tho proposed project rather than a geometric radius. Intersection Analysis: An intersection analysis is required for all intersectic RDI where the sum of thc peak-hour critical lane volume is projected to Vehicles Per Hour (VPH). 27 2003 e 10. 11. BackRround 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 those projects and their respective characteristics. 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. ThrouRh 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. 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 MAY 2 7 2003 NORTH NAPLES RESEARCH & TECHNOLOGY PARK Water Management Calculations Prepared For: Jim Goldie Prepared by: Hole Montes, Inc. 950 Encore Way Naples, FL 34110 January2003 File,#.2002.061 W. Terry Cole, P.E. # 42347 W:L2002~002061 \030 ! 02NORTHNAPLESRESEARCH&TECHPARKB AS INCALCULATIONS0.86.doc MAY 2 ? 2003 NORTH NAPLES RESEARCH & TECHNOL0qY PARK The existing site drains to the west into an existing drainage swale which then drains to the south (ultimately into the Cocohatchee River). A. Area Summary.: Stormwater runoff from the proposed water management system will be directed via overland flow and drainage pipes into a 0.86 ac lake and dry detention areas. A water control structure will discharge from the lake into an existing drainage swale. Total Project area less areas draining away from basin = 19.27 ac = 4.39 ac Total Basin Area = 14.88 ac AJlowable Discharge 0.04 cfs/acre (per conceptual permit) 0.04 cfs/acre (14.88 acres) = 0.60 cfa Time of Concentration = 2(14.88/640)'s = 0.30 hrs B. Rainfall 10-Year Design Rainfall (1 day) = 6.8" 25-Year Design Rainfall (1 day) = 8.5' 100-Year Design Rainfall (1 day) = 10.4' C. Land Use _DESCR_IPTION AREA (AC) 0.86 Lakes 1.28 ROW 10.99 Industrial/Commercial 0.70 Upland Preserve 0.51 Dry Detention 0.54 Open Space 14.88 Totals % IMPERVIOUS 100 70 70 0.00 0.00 0.00 IMPERVIOUS ACRES 0.86 0.90 7.69 0.00 0.00 0.00 9.45 % Impervious = 9.45 ac / 14.88 ac -- 63.5% D. Elevations: Maintained Water Level Minimum Road Crest and Perimeter Berm Minimum Finish Floor Average Open Space W:k2002~2002061kNotth Naples Tech park Basin Calcuhtio~s fo~ 0.86 Lake.doc = 11.0 = 16.0 = 17.0 = 15.5 20O3 Page 2 Ee Soil Stora,qe: Depth to the Developed Water Table = 15.5' - 11.0' = 4.5' S = 10.0" (as per Vol. 4 - Chart C-III-3) Sc = 10.0" (1 - 0.635) = 3.65" F. Sta.qe/Stora,qe: Area in Acres Stage Commerclal/I Lake ROW Dry Open TOTAL Volume (NGVD) ndustrlal Detention Space* (AC-FT) 11 0.00 0.86 0.00 0.00 0.00 0.86 0.00 12 0.00 0.86 0.00 0.21 0.10 1.17 1.02 13 0.00 0.86 0.00 0.26 0,20 1.32 2.26 14 0.28 0.86 0.00 0.31 0.30 1.75 3.80 15 0.47 0.86 0.00 0.39 0.40 2.12 5. 74 16 0.66 0.86 0.30 0.51 0.54 2.87 8.24 16.5 3.50 0.86 0.90 0.51 0.54 6.31 10.54 17 5.00 0.86 1.20 0.51 0.54 8.11 14.15 Totals 10.99 0.86 1.28 0.51 0.54 *Entire perimeter of lakes assumed as and included in open space. Water Quality Calculations: This project proposes the use of a wet detention system to meet the water quality standards by detaining the larger of the two following volumes: 1). Compute the first inch of runoff from the developed project: = 1.0 in * (1 ft / 12 in) * 14.88 ac = 1.24 ac-ft for the first inch of runoff 2). Compute 2.5 inches times the percentage of imperviousness: a. Site area for water quality pervious/impervious calculations only:. = Total project - water surface = 14.88 ac - 0.86 ac = 14.02 ac b. Impervious area for water quality pervious/impervious calculations only:. = (Site area for water quality pervious/impervious) - pervious = 14.02 ac - (Total area - impervious area) = 14.02 ac - (14.88 ac - 9.45 ac) = 8.59 ac W:Y2002%200206 l~lorth Naples Tech pa~k Basin C. alculatioos for 0.86 Lakc.doc c. Percentage of imperviousness for water quality:. = (Impervious area for water quality / Site area for water quality) * 100 = (8.59 ac / 14.02 ac) * 100 ~ AGENI~. ~ITI~- = 61.3% impervious MAY 2 2003 P~e3 d. For 2.5 inches times the percentage impervious: = 2.5 in * 0.613 = 1.53 in e. Compute volume required for water quality detention: = inches to be treated * (total site - lake) = 1.53 in * (14.88 ac- 0.86 ac) * 1 fi/12 in = 1.79 ac-it required detention storage Since 1.24 ac-fi is less than 1.79 ac-fi, the volume of 1.79 ac-it controls and can be detained by setting the main weir invert at elevation 12.62 NGVD. H. Bleed Down Weir Design: The bleed down weir design is established to allow the first half-inch of runoff to discharge in 24 hours. Therefore, the bleed down weir discharge is calculated as follows: Q= = 0.5' (lft / 12in) 14.88 ac (43560 sf / ac) (1day / 24 hfs) (1 hr / 3600 sec) = 0.31 cfs H= = 12.62' - 11.0' = 1.62' Circular orifice wier: Qb = 4.8 A H~°'5 Ab(max) = 0.31 / (4,8 * 1.62°'s) = 0.051 ft2 diameter = 0.23', use 3' (0.25') Q = 4.8 x ]3 x r2 x H°'s Qso = 0.2356 x (H - 11.12) The main weir will be a 2" wide sharp crested weir @ elevation 15.98 Q main = 3.13 L H~'s = 3.13 ~ (H - 15.98) 12 = 0.522 (H - 15.98) I. Sta,qe I Stora,qe / Dischar.qe STAGE (NGVD) STORAGE BLEED DOWN MAIN WEIR TOTAL (AC - FT) DISCHARGE (cfs) DISCHARGE DISCHARGE 11.0 0.00 0.00 0.00 0.00 12. 1.02 0.22 0.00 0.22 13. 2.26 0.32 0.00 0.32 14 3.80 0.40 0.00 0.40 15 5.74 0.46 0.00 0.46 16 8.24 0.52 0.01 0.53 16.5 10.54 0.55 0.20 0.75 17 14.15 0.57 0.54 1,11 W:~2002L2002061LNorth Naples Tech park E~sin Cak:ulatioos for 0.86 Lake.doc IMAY 2 7 2003,. Page 4 J. Flood Routin.q Results;, The preceding information was used as input data for the flood routing analysis computer program "FRCI". The FRC1 Program generates a simulation of hydraulic conditions of the described site under varying storm conditions. Storm Description Resulting System Conditions Peak Return Frequency Duration (Days) Peak Stage (NGVD) Discharge (cfs) (Years) 10 3 15.34 0.48 25 3 16.17 0.60 100 3 16.84 0.00 Computer printouts of the above flood routing res a Conclusion The proposed water management system will accommodate the proposed basin. The results of the flood routings are as follows: 1. Minimum road crest and perimeter berm = elevation 16.20 > 25 year peak elevation = 16.17. 2. Minimum finish floor = 17.0 > 1 O0 year peak elevation = 16.84 with zero discharge. 3. -.: ;;.~ 25~Year peak discharge'--~o,B0;ct''~ = allowa.l;tl~-dtscSarg~-' W:~2002~2002061~lorih N~p~s Tech park B~sin C~lcul~tious fo~ 0.86 Lake.doc MAY 2 7 2003 Program Name ..................... : Santa Barbara¶ -- (05/08/84) Project Name ..................... : NNR & T PARK Engineer's Name ................... WTC Project Area ...................... 14.88 acres Ground Storage .................... 3.65 inches Termination Discharge .............. 01 cfs Time of Concentration .............. 3 hours Distribution Type ................. SFWMD Return Frequency .................. 10 years Rainfall Duration ................ 3 -day 24-hr Rainfall ................... : 6.8 inches Reporting Sequence ............... : Standardized Point Stage Storage No. (ft) (af) 1 11.00 0.00 2 12.00 1.02 3 13.00 2.26 4 14.00 3.80 5 15.00 5.74 6 16.00 8.24 7 16.50 10.54 8 17.00 14.15 Rain Accum. Basin Time fall Runoff Dischge (hr) (in) (in) (cfs) 0 0O 4 00 8 00 12 00 16 00 20 00 24 00 28 00 32 00 36 00 40 00 44 00 48 00 52 00 56.00 58.00 59.00 59.50 59.75 ~'~0.00 J.50 61.00 62.00 64.00 68.00 72.00 Discharge (cfs) 0.00 0.22 0 32 0 40 0 46 0 53 0 75 1 11 Accum. Inflow (af) RESERVOIR Accum. Instant Average Volume Outflow Dischge Dischge (af) (af) (cfs) (cfs) Stage (ft) 0 O0 0 17 0 33 0 5O 0 66 0 83 0.99 1.23 1.48 1.72 1.96 2.20 2.44 2 75 3 37 3 89 4 27 4 61 5 76 6 90 7 40 7 66 8 00 8 43 8 91 9 24 0.00 0.00 0.00 0.00 0.00 0.00 0.02 0.06 0.13 0.21 0.31 0.42 0.55 0.72 1.11 1.47 1.74 2.00 2.91 3.88 4.31 4.54 4.84 5.22 5.66 5.96 0.0 0 0 0 0 0 0 0 0 0 0 0 1 0 2 0.3 0.3 0.4 0.4 0.5 0.8 2.0 3.1 4.4 6.8 21.2 41.9 23.3 10.4 4.6 2.7 1.7 1.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 1 0 1 0 3 0 4 0 5 0 7 0 9 1 3 1 7 2 0 2 3 2.7 3.6 4.9 5.4 5.9 6.4 7.0 7.4 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0 1 0 1 0 2 0 3 0 4 0 6 0.7 1.1 1.5 1.8 2.0 2.4 3.3 4.6 5.1 5.5 6.0 6.4 6.6 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0 0 0 0 0 1 0 1 0 2 0.2 0.3 0.3 0.3 0.3 0 3 0 3 0 3 0 4 0 4 0 6 0 8 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.1 0.2 0.2 0.3 0.2 0.3 0.3 0.3 0.3 0.3 0.3 0.4 0.4 0.4 0.4 0.5 0.5 0.5 0.5 11 00 11 00 11 00 11 00 11 00 11 00 11 02 11 06 11 13 11 22 11 32 11 43 11 54 11.70 12.06 12.35 12.57 12.75 12.97 13.40 0.4N~ 14.60 0.4 80.00 88.00 96.00 104 00 112 00 120 00 132 00 144 00 156 00 168 00 180 00 192 00 204 00 216 00 228 00 240 00 252 00 264 00 276 00 288 00 300 00 312 00 324 00 336 00 348 00 360 00 372 00 384 00 396 00 408.00 420.00 431.00 9.24 9.24 9.24 9.24 9.24 9.24 9 24 9 24 9 24 9 24 9 24 9 24 9 24 9 24 9 24 9 24 9 24 9 24 9 24 9 24 9 24 9 24 9 24 9 24 9 24 9 24 9 24 9 24 9 24 9 24 9 24 9 24 5.96 5.96 5.96 5.96 5.96 5.96 5.96 5.96 5.)6 5. )6 5. )6 5. )6 5 )6 5 )6 5 )6 5 96 5 96 5 96 5 96 5 96 5 96 5 96 5 96 5 96 5 96 5 96 5 96 5 96 5 96 5 96 5 96 5 96 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.0 0.0 0.0 0.0 7 4 7 4 7 4 7 4 7 4 7 4 7 4 7 4 7 4 7 4 7 4 7 4 7 4 7 4 7 4 7 4 7 4 7.4 7 4 7 4 7 4 7 4 7 4 7 4 7 4 7 4 7.4 7.4 7.4 7.4 7.4 7.4 Maximum Stage = 15.34 feet Maximum Discharge = 0.48 cfs 6 3 6 0 5 7 5 4 5 1 4 8 4.4 4.0 3.6 3.2 2.9 2.5 2.2 1.9 1.6 1.4 1.1 0.9 0.7 0 6 0 5 0 4 0 3 0 3 0 2 0 2 0 1 0 1 0 1 0 1 0 1 0 0 1.1 1.4 1.7 2.0 2.3 2.6 3.0 3.4 3.8 4.2 4.5 4 9 5 2 5 5 5 8 6 0 6 3 6 5 6 7 6 8 6.9 7.0 7.1 7.1 7 2 7 2 7 3 7 3 7 3 7 3 7 3 7 3 0.5 0.5 0.5 0.4 0.4 0.4 0.4 0.4 0.4 0.4 0.4 0.3 0.3 0.3 0.3 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.5 15.23 0.5 15.10 0.5 14.97 0.5 14.82 0.4 14.67 0.4 14.52 0.4 14.30 0.4 14.09 0.4 13.86 0.4 13.62 0.4 13.38 0.3 13 .'16 0.3 12.94 0.3 12.70 0.3 12.48 0.3 12.27 0.2 12.08 0.2 11.89 0.2 11.72 0.1 11.58 0.1 11.47 0.1 11.38 0 1 11.31 0 1 11.25 0 0 11.20 0 0 11.16 0 0 11.13 0 0 11.11 0.0 11.08 0.0 11.07 0.0 11.06 0.0 11.05 NAY 2 7 2003 qram Name ..................... : Santa Barbara¶ -- (05/08/84) Project Name ..................... : NNR & T PARK Engineer's Name .................. : WTC Project Area ..................... : 14.88 acres Ground Storage ................... : 3.65 inches Termination Discharge ............ : .01 cfs Time of Concentration .............. 3 hours Distribution Type ................. SFWMD Return Frequency .................. 25 years Rainfall Duration ................. 3 -day 24-hr Rainfall .................... 8.5 inches Reporting Sequence ................ Standardized Point Stage No. (ft) 1 11.00 2 12.00 3 13.00 4 14.00 5 15.00 6 16.00 7 16.50 8 17.00 Storage (af) 0 00 1 02 2 26 3 80 5 74 8 24 10 54 14 15 Discharge (cfs) 0 00 0 22 0 32 0 40 0 46 0 53 0 75 1 11 Time (hr) R E S E R V O I R ..... Rain Accum. Basin Accum. Accum. Instant Average fall Runoff Dischge Inflow Volume Outflow Dischge Dischge Stage (in) (in) (cfs) (af) (af) (af) (cfs) (cfs) (ft) 0.00 4 00 8 00 12 00 16 00 20 00 24 00 28 00 32 36 4O 44 48 52 56 58 59 59 59 60 0 '1 62 64 68 72 0.00 0 21 0 41 0 62 0 83 1 03 1 24 1.54 00 1.84 00 2.15 00 2.45 00 2.75 00 3.05 00 3 43 00 4 22 00 4 86 00 5 34 50 5 76 75 7 20 00 8 63 50 9 25 00 9 57 00 10 00 00 10 53 00 11 14 00 11 55 0 00 0 O0 0 00 0 00 0 00 0 02 0 06 0 15 0 26 0 4O 0 55 0 72 0 90 1.15 1.70 2 19 2 57 2 92 4 13 5 40 5 96 6 26 6 66 7 14 7 71 8 09 0.0 0.0 0 0 0 0 0 0 0 1 0 2 0 4 0 5 0 5 0 6 0 7 0 7 1.1 2.7 4 2 6 0 9 2 28 3 55 5 30 6 13 5 6 0 3 5 2 1 1 4 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 2 0 3 0 5 0.7 0.9 1.1 1.4 2.0 2.6 3.0 3.4 4.0 5.1 6.8 7.5 8.1 8.8 9.5 10.0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0.2 0.3 0 4 0 6 0 7 0 9 1 1 1 7 2 2 2 6 2 9 3 5 4 7 6 3 7 0 7 6 8 2 8 7 9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 1 0 1 0 2 0 3 0 3 0 4 0 4 0 4 0 4 0 4 0 5 0 5 0 5 0 6 0 8 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0.1 0 1 0 2 0 2 0 2 0 3 0 3 0 3 0.4 0 4 0 4 0 5 0 5 0 5 0 5 0.6 0.6 0 0 11 00 0 0 11 00 0 0 11 00 0 0 11 00 0 0 11 00 0 0 11 02 0 0 11 07 0 0 11 16 0 0 11 27 0 1 11.41 0 1 11 56 0 1 11 72 0 2 11 88 0 2 12 08 0 2 12 52 0 3 12 93 0 3 13 19 0 3 13 38 0 4 13 63 0.4 14 15 0 0.5 15.95 0.6 16-.16 80.00 11 55 · 88.00 11 55 96.00 11 55 104.00 11 55 112.00 11 55 120.00 11 55 132.00 11 55 144.00 11 55 156.00 11 55 168.00 11 55 180.00 11 55 192.00 11 55 204.00 11 55 216.00 11.55 228.00 11.55 240.00 11.55 252.00 11 55 264.00 11 55 276.00 11 55 288.00 11 55 300.00 11 55 312.00 11 55 324.00 11 55 336.00 11 55 348.00 11 55 360.00 11 55 372.00 11 55 384.00 11 55 396.00 11 55 408.00 11 55 420.00 11 55 432.00 11 55 444.00 11.55 456.00 11.55 468.00 11.55 480.00 11.55 486.75 11.55 8.09 8.09 8.09 8 O9 8 09 8 09 8 O9 8 09 8 09 8 09 8 09 8 O9 8.09 8.09 8.09 8.09 8.09 8 09 8 09 8 09 8 09 8 09 8 09 8 09 8 09 8.09 8.09 8.09 8.09 8.09 8.09 8.09 8.09 8.09 8.09 8.09 8.09 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.0 0.0 0.0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Maximum Stage = 16.17 feet Maximum Discharge = 10.0 10 0 10 0 10 0 10 0 10 0 10 0 10 0 10 0 10 0 10 0 10 0 10 0 10 0 10 0 10 0 10 0 10 0 10 0 10 0 10 0 10 0 10 0 10 0 10 0 10 0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 0.60 cfs 8 7 8 3 7 9 7 6 7 3 6 9 6 5 6 0 5 5 5 1 4 7 4.2 3 8 3 4 3 1 2 7 2 4 2 1 1 8 1 5 1 3 1 0 0 8 0 7 0 5 0 4 0 4 0 3 0 2 0 2 0 2 0 1 0 1 0 1 0 1 0 1 0 0 1.4 1.7 2.1 2.4 2 8 3 1 3 6 4 1 4 5 5 0 5 4 5 8 6 2 6 6 7 0 7.3 7.6 8.0 8 2 8 5 8 8 9 0 9 2 9 4 9 5 9 6 9 7 9 7 9 8 9 8 9 9 9 9 9 9 10 0 10 0 10 0 10 0 0 6 0 5 0 5 0 5 0 5 0 5 0 5 0 5 0 5 0 4 0 4 0 4 0.4 0.4 0.4 0.3 0.3 0.3 0.3 0.3 0 2 0 2 0 2 0 1 0 1 0 1 0 1 0.1 0.1 0.0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.6 16.09 0.6 16 01 0.5 15 88 0.5 15 74 0.5 15 61 0.5 15 48 0.5 15 29 0.5 15 10 0.5 14 89 0.4 14 66 0.4 14 44 0.4 14 23 0.4 14 02 0.4 13 77 0.4 13 53 0.4 13 30 0 3 13.09 0 3 12.85 0 3 12.62 0 3 12.40 0 3 12.20 0 2 12.02 0 2 11.83 0 2 11.67 0 1 11.54 0 1 11.43 0 1 11.35 0 1 11.28 0 1 11.23 0.0 11.18 0 0 11.15 0 0 11.12 0 0 11.10 0 0 11.08 0 0 11.06 0 0 11.05 0 0 11.05 MAY 2 7 2003 F--']ram Name ..................... : Santa Barbara¶ -- (05/08/84) Project Name ..................... : NNR & T PARK Engineer's Name .................. : WTC Project Area ..................... : 14.88 acres Ground Storage ................... : 3.65 inches Termination Discharge ............ : .01 cfs Time of Concentration ............ : .3 hours Distribution Type ................ : SFWMD Return Frequency ................. : 100 years Rainfall Duration ................ : 3 -day 24-hr Rainfall ................... : 10.4 inches Reporting Sequence ............... : Standardized Point No. 1 .2 3 4 5 6 7 8 Stage (ft) 11 00 12 00 13 00 14 00 15 00 16 00 16 50 17 00 Storage Discharge (af) 0.00 1 02 2 26 3 80 5 74 8 24 10 54 14 15 (cfs) 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 Time (hr) RESERVOIR ..... Rain Accum. Basin Accum. Accum. Instant Average fall Runoff Dischge Inflow Volume Outflow Dischge Dischge Stage (in) (in) (cfs) (af) (af) (af) (cfs) (cfs) (ft) 0 00 4 00 8 0O 12 00 16 00 20 00 24 00 28 00 32.00 36.00 40.O0 44.00 48.00 52.00 56.00 58.00 59.00 59.50 59.75 0.00 0.25 0.51 0.76 1.01 1.27 1 52 1 89 2 26 2 63 3 00 3 36 3 73 4.20 5 16 5 95 6 53 7 05 8 80 60.00 10 56 ~_.60.50 11 32 '1.00 11 71 62.00 12.24 64.00 12.89 68.00 13.63 10 0 00 0 00 0 00 0 0O 0 02 0 07 0 14 0 28 0.45 0.65 0.87 1 10 1 36 1 69 2 43 3 07 3 56 4 01 5 56 7 16 7 87 8 24 8 74 9 35 06 72.00 14.13 10 53 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.2 0.1 0.3 0.2 0.6 0.3 0.7 0.5 0.8 0.8 0.9 1.1 0.9 1.3 1.0 1.7 1.5 2.1 3.6 2.9 5.5 3.7 7.8 4.2 11.8 4.7 36.2 5.4 70.7 6.9 38.7 9.0 17.0 9.9 7.5 10.7 4.4 11.5 2.7 12.4 1.8 13.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0 3 0 5 0 8 1 1 1 3 1 7 2 1 2 9 3 7 4 2 4 7 5 4 6.9 9 0 9 9 10 7 11 5 12 4 13 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.0 0.0 0.0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0 0 0 0 0 0 0.0 0 0 11.00 0 0 11.00 0 0 11.00 0 0 11 00 0 0 11 02 0 0 11 08 0 0 11 16 0 0 11 32 0 0 11 52 0 0 11 76 0 0 12 02 0 0 12 26 0 0 12 51 0 0 12 83 0 0 13 40 0 0 13 88 0 0 14 17 0 0 14 38 0 0 14 64 15 16 .0 0. C~ 16 31 0.0 o. ? 0 0 Maximum Stage = 16.84 feet Maximum Discharge = 0.00 cfs 2003 January 2, 2003 PUDZ-2003-AR-3569 PROJECT #2002080011 DATE: 1/7/03 HOLE MONTES FRED REISCHL ENGINEEP~ · PLANNERS. SURV[YORS 950 Encore Way. Naples, Florida 34110. Phone: 239.254.2000 · Fax: 239.254.2099 Mr. Ray Bellows Collier County Planning Commission 2800 North Horseshoe Drive Naples, Florida 34104 Re; North Naples Research and Technology Park PUD Application HM File No. 2002061 Dear Mr. Bellows: Enclosed please find twenty (20) copies of an Application to rezone 19.3 acres from PUD to PUD to allow for the future development of the North Naples Research and Technology Park PUD. The subject property is located in Section 10, Township 48 South, Range 25 East, and further located on the west side of Old U.S. 41 immediately south of the Lee County line. (See attached location map and aerial photograph depicting the subject property.) Also enclosed is a check in the amount of $3,707.50 to process the zoning petition and E.I.S, and data conversion processing fee. A $300.00 fee was paid at the time of the pre-application meeting. The pre-application minute notes are also attached. 1. BACKGROUND The subject property is zoned for the Gadaleta PUD. Access is provided from Old U.S. 41 and the existing entrance will be located somewhat further to the south to align with an entrance located on the east side of U.S. 41. The Gadaleta PUD permits a golf course driving range that is the present use of the subject property. In addition, the Gadaleta PUD permits seventy-seven (77) residential dwelling units on 17.3 acres and 2 acres of commercial uses. The commercial uses allowed are those permitted in the C-2 Zoning District along a portion of the Old US 41 frontage. Because the proposed North Naples Research and Technology Park PUD constitutes a new development scheme for the subject property, a new PUD document is required to govern the future use of the property. (A copy of the Gadaleta PUD document is attached.) The site has access to sewer and water facilities in proximity to the site, and existing and planned infrastructure is available to accommodate the proposed development. 2. PROPOSED REQUEST Ao The proposed North Naples Research and Technology Park PUD is designed to accommodate research and technology uses or low environmental impact manufacturing according to the Research and Technology Park District of the Future Land Use Element ("FLUE"). These uses comprise Target Industries because of their high wages relative to other wages paid in Collier County, and Non-Target uses are those that are designed to provide corn services for the Research and Technology Park. Naples · Fort Myers · Venice · Englewood MAY 2 7 2003 Mr. Ray Bellows North Naples Research and Technology Park PUD Application Hole Montes File No. 2002061 January 2, 2003 Page 2 of 18 W:X2002X200206 lXPUD~UD^pp021028.doc The first end user of the Research and Technology Park is March Industries, which is proposed to develop on the westerly ±4.2 acres. The proposed PUD Master Plan depicts the future use of the Tract with +49,000 square feet of gross leasable area for existing and proposed furore use area. March Incorporated has been in business since the early 1970's and is presently located in Westland, Michigan. They are makers of high performance/precision manufactured automobile engine parts. Within the after market conversion industry for performance vehicles, March is recognized for its design and fabrication of quality serpentine pulleys and drives, their primary product line. They anticipate relocating about 15 existing employees to the Collier County marketplace, including all senior management of the company. In addition, about 25 new jobs will be created for which wages and salaries will meet or exceed established "targeted jobs" for high wage/high skill positions by the Economic Development Council of Collier County. Manufacturing operations will be completely accomplished within the enclosed building and there is no outside storage needed for their operations (outside storage is not allowed by the FLUE pertaining to this use). Operations are currently contemplated during daylight light hours only within a single shift. Equipment and machinery used in March's manufacturing operations are all contained inside the building with no occasion to be audible from outside the structure. The plant will have no process floor drains. March is a low volume recipient and shipper of both raw materials and products. Shipping and receiving will be primarily located on the north side of the building with secondary usage on the south side. The proposed structure for March's new plant will not exceed 25' in height, well under the allowable height restriction of thirty-five feet contained in the proposed pUD Ordinance for other tracts. Parking and other exterior lighting will be held to less than 12' high to the west of the building and 20' in other areas, effectively preventing anY lighting impact on adjacent residential areas. I~A¥ 2 7 2003 Mr. Ray Bellows North Naples Research and Technology Park PUD Application Hole Montes File No. 2002061 January 2, 2003 Page 3 of 18 Within the proposed Naples Research and Technology Park PUD's 19.3 acres land uses are distributed as follows on the PUD Master Plan Exhibit "A": AREA 4- ACRES 4- PERCENTAGE 1. Development tracts 12.45 64.6 2. Preserve areas 2.70 14.0 3. Right-of-Way 1.29 6.5 4. Lakes 0.86 4.5 5. FPL Easement area 1.26 6.5 6. 'Open Space 0.71 3.7 TOTAL: 19.3 100 The proposed PUD is required to have 30% open space or 5.79 acres. The majority of this open space or 4-6 acres will be located in upland and wetland preserve areas, water management areas, and within the FPL easement area. Within the proposed development, there are 13.74 acres of net usable area. The net usable area comprises building lot area of 12.45 acres including proposed right-of-way of 1.28 acres. Within the proposed useable area of 13.74 acres a minimum of 60% shall be reserved for Target Use Areas and a maximum of 20% shall be allowed for Non- Target Use Areas according to the FLUE's Research and Technology Park Subdistrict. W:~2002k2002061XPUD~PUDApp021028.doc In structuring the proposed uses for the North Naples Research and Technology Park PUD Target Use Areas may be located on all buildable lots. However, Non- Target Use Areas which are those uses in the C-1 through C-3 District that provides support services to Target Use Areas are permitted to be located only on Tracts "A" & "B" that comprise 2.56 acres. This is slightly less than the maximum area of 2.75 acres permitted for Non-Target Use Areas. (As previously noted, the Gadaleta PUD presently permits 2 acres of commercial uses.) Proposed uses within the North Naples Research and Technology Park are set forth in Section 6.4 of the attached PUD Ordinance which corresponds to proposed uses in Section 2.2.20 of the Land Development Code ("LDC") which is proposed to be adopted on January 8, 2003 to provide for the implementation of the Research and Technology Park Subdistrict of the FLUE. For this reason, Planning Commission and Board of County Commissioners heatings cannot be scheduled until the adoption of the new PUD Ordinance. Ho ¥cw,,.,L.a.-n t4A¥ 2 'l 2003 Mr. Ray Bellows North Naples Research and Technology Park PUD Application Hole Montes File No. 2002061 January 2, 2003 Page 4 of 18 requesting that these hearings be scheduled shortly thereafter after the County completes their review. C. Four (4) residential work force housing units are also proposed to be provided in the Target or Non-Target Use Area "A" or "B" as depicted on the PUD Master Plan Exhibit "A" to implement provisions of the Research and Technology Park Subdistrict of the FLUE in a mixed use structure. The standards of the C-3 Commercial Intermediate District for mixing commercial and residential uses are referenced in the attached PUD Ordinance as guidelines to govern the future mix of residential and commercial uses on this tract. These guidelines have amongst their requirements limited hours of operation, minimizing noise associated with commercial uses, directing lighting away from residential uses, and separating pedestrian and commercial vehicular parking areas to the greatest extent practical. The minimum unit sizes for residential workforce housing units are also provided for in the PUD Ordinance and are 450 square feet for one bedroom units, 650 square feet for two bedroom units, and 900 square feet for three bedroom units. Work force housing units are proposed to be rented at or below 60% of the median income for Collier County. The annual PUD Monitoring Report will provide for the reporting of income levels of work force housing residents at or below target levels, and this requirement is incorporated into the PUD Ordinance for the North Naples Research and Technology Park PUD. D. The T.I.S. for the North Naples Research and Technology Park was based on 195,000 square feet of Target Use Area and 12,500 square feet of retail or Non- Target Use Area. These intensities represent the upper limits of what could be placed on the subject property, based on the configuration of the property and location of open space and preserve areas. No limitations are contained in the pUD Ordinance pertaining to maximum square feet of Target or Non-Target Use Areas. Rather limitations are provided in the PUD Ordinance for the maximum acreage for various use areas to establish consistency with the FLUE. Actual development intensities will be governed by the performance standards contained in the PUD Ordinance. W:k2002X2002061XPUDXPLIDApp021028 .doc In summary, a mix of residential, Target and Non-Target Industries are proposed in the North Naples Research and Technology Park PUD to meet future economic needs of the community. The maximum height proposed is three (3) stories or thirty-five (35) feet; however, the westerly most tract, the March Industries tract, is limited to a maximum height of twenty-five (25) feet. The Ordinance by the County to implement the standards for research md ~0~TLnology ] MAY 2 ?. 2003 Mr. Ray Bellows North Naples Research and Technology Park PUD Application Hole Montes File No. 2002061 January 2, 2003 Page 5 of 18 parks allows heights of thirty-five (35) feet adjacent to residential development and heights up to sixty (60) feet for tracts abutting non-residential development. Therefore, the proposed heights for the North Naples Research and Technology Park are consistent or less than the maximum heights contemplated in the County's proposed PUD Ordinance to implement the research and technology park subdistr/ct. 3. LAND USE AND ZONING Lands located to the north in Lee County are zoned PD for Spanish Wells which is developing as a residential and golf course community. However, lands immediately adjacent to the subject property in Spanish Wells are vacant. Thirty (30) feet of retained native vegetation will be preserved along a portion of the north property line to enhance compatibility with residential structures and to assist in meeting native vegetation requirements. A Type "B" buffer or a wall will be provided along this property line with credit provided for existing vegetation to remain. Lands to the west are zoned for the Sterling Oakes PUD which is developing with residential uses with a number of single family homes developing along the eastern property line. A five (5) foot high berm at a 3:1 slope will be provided west of the proposed water management area with vegetation meeting the requirements of a Type "B" buffer. This buffer is fifteen (15) feet wide and includes fifty (50) percent of the trees to be ten (10) feet in height with remaining trees to be eight (8) feet in height. Trees are required to be on no more than twenty-five (25) foot centers and this buffer includes a hedge five (5) feet in height, and must be eighty (80) percent opaque with one (1) year. A wall is not contemplated along the west property line. In addition, an FPL easement area is located to the east of the water management area depicted on the PUD Master Plan that is one hundred (100) feet in width. A wetland preserve area is located further to the east of the FPL Easement Area. Total separation between proposed Target Use Areas and residential uses in Sterling oaks is more than 250 feet and provides for sufficient separation and screening and buffer/ng between proposed Target Use Areas and residential uses to the west. Lands to the south are zoned agricultural and are developed with a commercial nursery. Lands to the west side of Old U.S. 41 are zoned and developed with industrial uses in the Railhead Industrial Park. In summary, proposed development standards, preserve and vegetative areas are provided to the north and west to enhance compatibility with residential structures. W:L2002~2002061 kPUDXPUDApp021028.doc MAY 2 7' 2003 Mr. Ray Bellows North Naples Research and Technology Park PUD Application Hole Montes File No. 2002061 January 2, 2003 Page 6 of 18 4. ARCHITECTURAL AND DESIGN STANDARDS The North Naples Research and Technology Park Design Standards have been created by the developer to promote a visually harmonious framework for all developments within the PUD boundaries. It establishes minimum design standards to enhance compatibility and to assist architects in designing appropriate property improvements. These standards replace related portions of the Collier County Architectural Standards (LDC Division 2.8) as noted. All other portions of the Collier County LDC, Collier County Growth Management Plan and all other codes with jurisdiction shall remain in full force. The Intent of this standard is to establish requirements that emphasize compatibility and community with a common architectural theme, landscaping and consistent common streetscape elements for the research/technology portions of the PUD. The Target or Non-Target Use Areas "A" and "B" located along Old U.S. 41 shall meet current LDC Division 2.8 Architectural and Site Design Standards. Each building shall be designed with an entry element at street side within the research/technology designated area (as indicated on the site plan) in order articulate building massing and visually reduce building heights along the street. A. Landscape and Streetscape Requirements 1. Landscape buffers requirements shall be as indicated in the Land Development Code as determined by adjacent land uses except as noted within. 2. Trees shall be planted along the street right-of-way at 50 feet on center (uniformly spaced on each site) to provide a continuous tree line along the street. Variations up to ten (10) feet are permitted to accommodate entry drives and other similar improvements. 3. Decorative street lights (20' tall) shall be installed at 100 feet on center (near the intersection of right-of-way line and perpendicular property lines) to provide a uniform and continuous lighting pattern. 4. A pedestrian walkway shall be provided from each building entry to the street sidewalk. B. Building Design Requirements The following requirements replace LDC 2.8.3.5.2 -~ LDC 2.8.3.5.3 - Facade/Wall.Height Tr-~nsiti-~n, ~ ~.8.3.5.4- Facade s W:~2002~200206 IXPUDXPUDApp021028.doc Mr. Ray Bellows North Naples Research and Technology Park PUD Application Hole Montes File No. 2002061 January 2, 2003 Page 7 of 18 2.8.3.5.5 - Massing Standards, LDC 2.8.3.5.6 - Project Standards, LDC 2.8.3.5.7 Detail Features, LDC 2.8.3.5.8 - Additional Facade Design Treatments for Multiple Usc, Buildings, LDC 2.8.3.5.10- Roof Treatments for buildings over 20,000 square feet. Refer to the equivalent requirements under Section 2.8.4 of the Land Development Code for buildings under 20,000 square feet that are also amended by these standards. Buildings shall be designed with their main entrance feature facing the street or on the front comer adjacent to side yard visitor parking in a manner that addresses the street and parking lot. All buildings will have a single story entry feature element adjacent to the street with a mass that steps down from the larger research / technology portion of the building with a minimum of eight fee (vertical dimension) roofline separation. The entry feature element shall span a minimum of 60% of the horizontal length of front facade and provide 3 feet minimum overhangs and/or recessed alcove for entry doors at the entry feature element. The front facade of the entry feature element shall be a minimum of 20 feet in front of the larger research/technology portion of the building. Sloped roofs are not permitted at the entry feature element except for mansard treatments so that the building mass step down is apparent. WA2002k2002061 ~PUD~UDApp021028.doc The entry feature facade (facing street) shall have door and window area not less than 30% of the front elevation of the element. Total facade area for this calculation shall be the front element width times the floor to roof line height (not including parapet wall height). Group doors and windows together to form horizontal glazing bands with horizontal dimensions at least twice the height of the window opening. Metal wall panels are acceptable for the building facades behind the entry feature element component if they are twenty-five (25) feet in height or less. Semi-concealed fasteners are required. If metal wall panels are used on the entry feature element, they shall be smooth face architectural panels. Wall facades over twenty-five (25) in height shall not be metal wall panels but may be any other exterior wall material permitted by the Land Development Code. Wall facades over twenty-five (25) in height shall be delineated with control joints or scoring that does not exceed twelve (12) feet horizontally and twenty-four (24) feet vertically and emphasizes the horizontal plane. Horizontal banding with wall color variation in conjunction with control joint or scoring patter is MAY 2 ? 2003 ,,,.. &l Mr. Ray Bellows North Naples Research and Technology Park PUD Application Hole Montes File No. 2002061 January 2, 2003 Page 8 of 18 o Architectural treatment, articulation and material selections shall continue on all facades of the building. All mechanical roof top units and condensers if located on the roof shall be screened from view. Signage It is the intent of North Naples Research and Technology Park Design Standards to provide basic controls for signage size, style and color without conflicting with corporate identification and symbols required for successful advertisement. All monument and building fagade signs shall meet the following guidelines but shall be ultimately governed by Collier County signage requirements. 1. Wall mounted signs shall be individual letters mounted separately or on a continuous wire raceway in a color to blend with background. Box type signs are not permitted. 2. Building signs shall be placed within a horizontal signage band around the building perimeter that does not exceed Collier county requirements. 3. Harmonious color schemes for signs are required but corporate identify variations are acceptable. Signs with multi color letters are not permitted. 5. ARCHAEOLOGICAL RESOURCES A review of Collier County's Maps of Historic/Archaeological Probability indicates an area of potential archaeological probability for a portion of the subject property abutting U.S. 41 that is the xeric environs. Further investigation by Archaeological Resources, Inc. indicates no archaeological resources were identified on the subject property in their attached report. 6. TRANSPORTATION The proposed construction of the North Naples Research Park on the west side of Old 41 to the north of its intersection with U.S. 41 in Collier County, Florida will not adversely impact the existing roadway network. The surrounding roadway network was analyzed based on the projected traffic conditions in 2005, and all roadway segments will continue to than the Level of Service Standard established by the 2001 Collier County .t nnu~Update ]. MAY 2 ? 2003 W:~2002k2002061XPUD~PUDApp021028.doc Mr. Ray Bellows North Naples Research and Technology Park PUD Application Hole Montes File No. 2002061 January 2, 2003 Page 9 of 18 Inventory Report. Based on the analysis described within this report, tum land improvements will be required on Old U.S. 41 at the site access intersection. The North Naples Research and Technology Park will not create a deficiency on any roadway based on the analysis contained in the attached T.I.S. Furthermore, the proposed request may be found consistent with Policy 5.1 of the Traffic Circulation Element because it will not significantly impact a roadway already operating and/or projected to operate with one year at an unacceptable level of service. 7. ENVIRONMENTAL An Environmental Impact Statement is provided as part of this application for PUD zoning and includes some impacts to low quality wetlands that are further described in the report. Three (3) preserve areas are located on the subject property. One comprising .7 acres is a xeric scrub/upland preserve area that is currently undergoing restoration at the time of this application for rezoning for past clearing in violation of current provisions of the PUD which require this area to remain in its natural state. (See attached Mitigation Plan approved by Collier County Code Enforcement.) A wetland preserve area comprising 4-1.5 acres is also proposed along the western portion of the proposed development and a vegetation preservation area is also provided along the north property line comprising 4-.4 of an acre. The project is required to preserve 2.7 acres of vegetation or fifteen (15) percent of the native vegetation less the FPL easement area comprising 1.26 acres. Vegetation areas comprise 2.7 acres and are provided for on the PUD Master Plan. (See attached PUD Master Plan.) Wetland impacts are directed toward lower quality wetlands. (See attached E.I.S.) 8. COLLIER COUNTY GROWTH MANAGEMENT PLAN COMPLAINCE As previously noted the Board of County Commissioners recently adopted the Research and Technology Park Subdistrict in the FLUE to provide for a mix of Targeted Industry Uses - aviation/aerospace industry, health technology industry, information technology industry, and light, low environmental impact manufacturing industry and non-industrial uses designed in an attractive park like environment which are provided for in the standards contained in the proposed Naples Research and Technology Park PUD. The following standards are provided for in the Research and Technology Park Subdistrict in the FLUE of the Collier County Growth Management Plan with a response provided as to how each of the criteria can be found in compliance with the FLUE: Ae Research and Technology Parks shall be permitted to include up to acreage for non-target industry uses of the type identified in paragr W:X2002X2002061 ~PUD~PUDApp021028.doc IPn ~i~" °el°w; /7 MAY 2 7 2003 Mr. Ray Bellows North Naples Research and Technology Park PUD Application Hole Montes File No. 2002061 January 2, 2003 Page 10 of 18 Response: and, up to 20% of the total acreage for workforce housing, except as provided in paragraph "J" below. At a minimum, 60% of the total park acreage must be devoted to target industry uses identified in paragraph "C" below. The specific percentage and mix of each category of use shall be determined at the time of rezoning in accordance with the criteria specified in the Land Development Code. The proposed PUD District to provide for standards for Research and Technology Parks sets forth area requirements for Target and Non-Target Uses to be based on net useable area, not total acreage, as set forth in the FLUE. At the time of adoption of the FLUE requirements for Research and Technology Parks, the EDC had a general understanding with County Staff that the distinction between net and gross area would be contained in the proposed LDC requirements as now proposed. (See proposed draft PUD Standards.) Therefore, based on 13.74 net useable acres a maximum of 2. 75 acres is available for Non- Target Use Areas and 2.56 acres are proposed. Therefore, consistency can be established with this provision of the FLUE for both Non-Target and Target Use Area percentages. B. Access to arterial and collector road systems shall be in accordance with the Collier County Access Management Policy and consistent with Objective 7 and Policy 7.1 of the Transportation Element. Access to arterial and collector road systems shall be in accordance with the Collier County Access Management Policy and consistent with Objective 7 and Policy 7.1 of the Transportation Element. Objective 7 requires that the County shall develop and adopt standards for safe and efficient ingress and egress to adjoining properties, as well as encourages safe and convenient on-site circulation. Policy 7.1 of the Transportation Element notes that "on August 18, 1992, the County adopted an access resolution that ensures the protection of the arterial and Collector system's capacity". Consistency can be established with these provisions of the FL UE. C. The target industries identified by the Economic Development Council of Collier County are aviation/aerospace industry, health technology industry and information technology industry, and include the following uses: software development and programming; internet technologies and electronic commerce; multimedia activities and CD-ROM development; data and information processing; call center and customer support activities; professional services that are export based such as laboratory research or testing activities; light manufacturing in th, mgnalll~llt~lti~t sectors of aviation/aerospace and health and information technolo es; ~[ice uses in. MAY 2 7 2003 W:~2002~200206 i ~UDh°UDApp021028 .doc Response: Mr. Ray Bellows North Naples Research and Technology Park PUD Application Hole Montes File No. 2002061 January 2, 2003 Page 11 of 18 connection with on-site research; development testing and related manufacturing; general administrative offices of a research and development firm; educational, scientific and research organizations; production facilities and operations. Response: The proposed uses in Section 6.4 of the PUD Ordinance for the North Naples Research and Technology Park provides for the target use areas listed above and are identical to those uses contained in the County's proposed PUD Ordinance to implement the Research and Technology Subdistrict of the FLUE. Therefore, consistency can be established with this provision of the FLUE. Non-target industry uses may include hotels at a density consistent with the Land Development Code, and those uses in the C-1 through C-3 Zoning Districts that provide support services to the target industries such as general office, banks, fitness centers, personal and professional services, medical, financial and convenience sales and services, computer related businesses and services, employee training, technical conferencing, day care center, restaurants and corporate and government offices. Response: The proposed uses in Section 6.4 of the PUD Ordinance for the North Naples Research and Technology Park provides for Non-Target Use Areas listed above and are identical to those uses contained in the County's proposed PUD Ordinance to implement the Research and Technology Subdistrict of the FLUE. Therefore, consistency can be established with this provision of the FL UE. When the Research and Technology Park is located within the Urban Industrial District or includes industrially zoned land, those uses allowed in the Industrial Zoning District shall be permitted provided that the total industrial acreage is not greater than the amount previously zoned or designated industrial. When a Research and Technology Park is located in the Urban Commercial District or Urban-Mixed Use District, the industrial uses shall be limited to those target industry uses. The Planned Unit Development Ordinance or Rezoning Ordinance for a Research and Technology Park project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. Response: The subject property is located in the Urban-Mixed Use District of the FL UE that permits research and technology park& The proposed PUD Ordinance for the North Naples Research and Technology Park specifically lists all permitted uses and development standards consistent with the criteria identified in this provision. Therefore, consistency can be established with this provision of the pUD. WA2002~002061 ~PUD~PUDApp021028.doc MAY 2 Z 2003 Mr. Ray Bellows North Naples Research and Technology Park PUD Application Hole Montes File No. 2002061 January 2, 2003 Page 12 of 18 F. Research and Technology Parks must be a minimum of 19 acres in size. Response: The subject property is greater than I9 acres (19.3). Therefore, consistency can be established with this provision of the FL UE. G. Research and Technology Parks located within Interstate Activity Center quadrants that permit Industrial Uses shall also be required to meet the standards as stated under the Interstate Activity Center Subdistrict for commercial and industrial land uses. Response: H. Response: Response: W:X2002X2002061XPUDXPUDApp021028 .doc Not Applicable. Standards for Research and Technology Parks shall be adopted for the development of individual building parcels and general standards shall be adopted for pedestrian and individual building parcels and general standards shall be adopted for pedestrian and vehicular interconnections, buffering, landscaping, open spaces, signage, lighting, screening of outdoor storage, parking and access management· Vehicular interconnections are not contemplated to the developed/developing parcels adjacent to the subject property which is residential to the west and north, and a developed nursery to the south which are not practical for interconnections at this location due to the nature of the uses. General development standards are provided for in the PUD document for the North Naples Research and Technology Park for pedestrian interconnections via sidewalks, buffering, landscaping, open spaces, signage and lighting. Therefore, consistency can be established with this provision of the FLUE. When located in a District other than the Urban Industrial District, the Research and Technology Park must be adjacent to, and have direct principal access to a road classified as an arterial or collector in the Transportation Element. Direct principal access is defined as a local road way connection to the arterial or collector road, provided the portion of the local road way intended to provide access to the Research and Technology Park is not within a residential neighborhood and does not service a predominately residential area. The proposed North Naples Research and Technology Park PUD has direct access to a collector road, Old US 41. Therefore, consistency :anpe___establish._ed with this provision of the FLUE. MAY 2 7 2003 Mr. Ray Bellows North Naples Research and Technology Park PUD Application Hole Montes File No. 2002061 January 2, 2003 Page 13 of 18 Research and Technology Parks shall not be located on land abutting residentially zoned property, unless the Park provides workforce housing. When abutting residentially zoned land, up to 40% of the Park's total acreage may be devoted to workforce housing and all or a portion of the workforce housing is encouraged to abut such adjacent land where feasible. Response: The North Naples Research and Technology Park PUD will provide four (4) workforce affordable housing units in a mixed use structure located on Target or Non-Target Use Area "A" depicted on the attached PUD Master Plan. Because of the size of the subject property only 19.3 acres with only 4-14 useable acres, the subject property does not lend itself well to provide up to 40% of the park's acreage for affordable housing. Whenever workforce housing is provided, it shall be fully integrated with other compatible uses in the park through mixed use buildings and/or through pedestrian and vehicular interconnections. Response: As previously noted, the workforce housing is proposed to be provided in a mixed use building. The proposed development standards contained in the Commercial Intermediate District C-3 are incorporated into the PUD as guidelines and will require the integration of commercial uses with the proposed workforce housing. Therefore, consistency can be established with this provision of the FL UE. Le Whenever workforce housing (affordable housing) is provided, it is allowed at a density consistent with the Density Rating System. Response: The subject property can support up to twelve (12) dwelling units with 4-2. 7 acres of preserve area contained within the project and 1.23 acres of FPL easement area or 3. 93 acres which are contained within the Traffic Congestion Boundary of the FLUE without density bonuses for work force housing. This land use designation has a base density of three (3) dwelling units per acre at this location without density bonuses. The four (4) workforce housing units proposed can be found consistent with the Density Rating System of the FLUE. Me Response: Building permits for Non-Target Industry uses identified in paragraph "D" above shall not be issued for more than 10,000 square feet of building area prior to issuance of the first building permit for a Target Industry use. Provisions have been incorporated into the North Technology Park PUD to provide for this limitation. W:~2002~002061 ~PUD~PUDApp021028.doc tple~esearch -ahd Section 6.5 Mr. Ray Bellows North Naples Research and Technology Park PUD Application Hole Montes File No. 2002061 January 2, 2003 Page 14 of 18 attached PUD Ordinance for the North Naples Research and Technology Park. Therefore, consistency can be established with this provision of the FLUE. N. Research and Technology Parks must be compatible with surrounding land uses. Response: The proposed PUD with its development standards and separation to the west from residential uses with the FPL easement area and wetland preserve may be found compatible with uses in Sterling Oaks. Buffers and vegetation preserve areas will also enhance compatibility with residential uses to the north. Therefore, consistency can be established with this provision of the FLUE. O. Research and Technology Parks must utilize PUD zoning. Response: The proposed zoning is PUD for the North Naples Research and Technology Park. Therefore, consistency can be established with this provision of the FLUE. 9. COLLIER COUNTY REZONING CRITERIA The following criteria are set forth in Section 2.7.2.5. of the LDC to aid in a determination of the suitability of proposed rezonings. A response is provided as to how each criteria can be found consistent with tkis criteria. 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. Response: The proposed change can be found consistent with the requirements of the Research and Technology Subdistrict of the Future Land Use for the reasons set forth previously in this analysis. B. The existing land use pattern. Response: As previously noted, the land use and zoning pattern includes developing industrial uses on the west side of U.S. 41 zoned "I" Industrial. Residential zoning and uses are emerging to the north and west. Agricultural zoning is located to the south with a developed nursery. C. The possible creation districts. WA2002~2002061XPUDXP UDApp021028 .doc of an isolated district unrelated to adjacent and nearby HAY 2 ?. 2003 Mr. Ray Bellows North Naples Research and Technology Park PUD Application Hole Montes File No. 2002061 January 2, 2003 Page 15 of 18 Response: The Research and Technology Park Subdistrict may be applied throughout the Urban-Mixed Use District, Urban Commercial District and Urban Industrial District because a high priority has been placed on bringing Target Use Areas to Collier County. With regard to the subject property, industrial uses are developing on the east side of Old U.S. 41 in the Railhead Industrial Park and a non-residential use - a nursery- is located to the south on agriculturally zoned land. Therefore, the subject property while it abuts residentially zoned land to the north and west is not an isolated district based on industrial uses emerging to the east, non- residential uses to the south, and the legislative intent of the Research and Technology Park Subdistrict which is to encourage Target Industries in Collier County. De Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Response: The proposed zoning district boundaries are locally drawn given the intended purpose of the Research and Technology Park Subdistrict. ge Whether changed or changing conditions make the passage of the proposed amendment necessary. Response: The changed condition is the adoption by the Collier County Board of County Commissioners of the Research and Technology Park Subdistrict that allows for the application of this subdistrict throughout the Urban Area to provide for enhanced economic development opportunities. Fe Whether the proposed change will adversely influence living conditions in the neighborhood. Response: WA2002~2002061WUD~PUDApp021028.doc With the proposed separation of Research and Technology Park uses from residential uses to the west of more than 250 feet which includes an FP£ easement, and a wetland preserve area, living conditions should not be adversely affected to the west in Sterling Oakes. Furthermore, with a 5 foot high berm placed along the western portion of the property with a 15foot wide Type "B" buffer, compatibility will be further enhanced. (A cross section of this berm detail is provided on the PUD Master Plan.) Screening and buffering is also proposed along the north property line adjacent to future residential development in Spanish Wells. MAY 2 7 2003 Mr. Ray Bellows North Naples Research and Technology Park PUD Application Hole Montes File No. 2002061 January 2, 2003 Page 16 of 18 In addition, the development standards contained within the Research and Technology Park Subdistrict which preclude outside storage and limitations on uses which are low environmental impact will further minimize impacts on adjoining properties and living conditions on surrounding properties. 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. Response: Based on the Traffic Impact Statement provided with this zoning application, traffic impacts are not deemed to be significant nor will the project lower the level of service on any road way. H. Whether the proposed change will create a drainage problem. Response: The proposed development has a positive outfall to the south and will not create a drainage problem with the conditions that will be placed on the South Florida Water Management District permit. (See attached Water management Plan.) I. Whether the proposed change will seriously reduce light and air to adjacent areas. Response: The setbacks in the proposed PUD combined with limitations on height will not seriously reduce light and air to nearby residential areas. Whether the proposed change will adversely affect property values in the adjacent area. Response: Research and Technology uses carefully planned, screened and buffered from nearby residential uses with a substantial separation in land area to the west including limitations on uses combined with other development standards are not anticipated to reduce property values in the general area. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Response: The proposed change will not be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. WA2002X2002061XPUD~PUDApp021028.doc 2003. Mr. Ray Bellows North Naples Research and Technology Park PUD Application Hole Montes File No. 2002061 January 2, 2003 Page 17 of 18 Le Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Response: The proposed change will not constitute a grant of special privilege to the subject property because the proposed development can be found consistent with the FL UE of the Collier County Growth Management Plan. Mt Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Response: The property could be developed with commercial and residential uses allowed by the current PUD zoning. However, the development of Target Uses in Collier County has been determined to be vital to the future economic development of Collier County. These uses could not develop on the subject property without the proposed rezoning. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Response: The proposed development with limitations on uses combined with the proposed development standards, limitations on height with a maximum height of 35 feet, screening and buffering is not out of scale or character with the needs of the neighborhood or the county which will benefit from future development of Target Use Areas. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitted such use. Response: It is not impossible to find other sites in the county to provide for the needs of Research and Technology Parks. Pe The physical characteristics of the property and the degree of site alteration which would be required to make the property useable for any of the range of potential uses under the proposed zoning classification. Response: Minimal alternation of the subject properties lower quality wetlands will be required to make the property useable for any range of potential uses under the proposed zoning classification. Qe services consistent with the levels of service adopted in the Collier The impact of development on the availability of adequate public facilities and W:~2002~2002061 ~PUDkPUDApp021028.doc ?003. Mr. Ray Bellows North Naples Research and Technology Park PUD Application Hole Montes File No. 2002061 January 2, 2003 Page 18 of 18 Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance (Code ch. 106, art. II) as amended. Response: Public facilities are adequate to support the needs of the proposed development including transportation, sewer, and water facilities. (See also attached E.I.S. and T.I.S.) 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. Response: The petitioner will consider any further reasonable protective measures to protect the public health, safety, and welfare. CONCLUSION Based on the foregoing information the proposed request for the North Naples Research and Technology Park can be found to be fully consistent with the Research and Technology Subdistrict of the FLUE. In addition, the proposal meets applicable implementing regulations contained in the County's proposed PUD district that includes land use regulations for the Research and Technology Parks at the date of this application for this rezoning. Should changes be made in the County's Research and Technology Parks development regulations between the date of submission of this application and their anticipated date of adoption (January 8, 2003) changes will be made accordingly. Finally, this is a Fast Track Application and I trust the Environmental Advisory Board Planning Commission and the Board of County Commissioner hearing dates can be scheduled shortly after adoption of the LDC Amendment. If I can provide you any further information, please do not hesitate to contact me. Very truly yours, HOLE MONTES, INC. Planning Director RLD/mjr Cc: James Goldie Mark Price W:X2002X200206 lXPUD~PUDApp021028 .doc Iq MAY 2 7. 20(13 J THE ENTIRE GADALETA PUD IS BEING REPEALED MAY 2 ? 2003. GADALETA A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING GADALETA, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR~ PREPARED BY: TIMOTHY W. FERGUSON 2272 AIRPORT ROAD SOUTH SUITE 210 NAPLES, FLORIDA 34112 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL 4/14/98 98-28 {~A¥ 2 7 2003 TABT~ OF CONTENTS Statement of Affidavit of Section I Section II Section III Section IV Section V Section VI Compliance and Short Title ....................... 3 Unified Ownership and Agency .................... 5 Legal Description, Property Ownership and General Description ....... 6 Project Development .... , ................ 9 Use of Land and Development Standards... 14 -Commercial Areas Plan ................... 16 Development Commitments ................. 17 Definitions ............................. 22 ii 2 2 ? 2003 STATEMENT OF COMPLIANC~ The development of approximately 19.3 acres of property in Collier County, as a Planned Unit Development to be known as the Gadaleta PUD, is and will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan unless otherwise provided for in this document. The commercial, residential and recreational facilities of the Gadaleta PUD are and will be consistent with · the growth management policies, land development regulations, and applicable comprehensive planning objectives, unless otherwise provided for in this document, of each of the elements of the Collier County Growth Management Plan for the following reasons: Residen%ial Pro~ec~ 1. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1 of the Future Land Use Element. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with land development regulations as set forth in Objective Future Land Use Element. applicable 3 of the 5. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1H and L of the Future Land Use Element. 6. The project consists of~81]units on 17.3 acres with a density of 5.1 units per acre~'~hd two acres of commercial property zoned C-2. The uses of the property have been found to be compatible with surrounding uses according to the Collier County Planning Staff Executive Summaries, as presented to the Collier County Planning Commission and to the Collier County Board of Commissioners, after full application and'examination. 7. The project is currently served by existing, on site utilities and will be required to hook up to facilities provided by Collier County at the time of development as required by the Transportation, Engineering, Water Management and Utilities Stipulations of this PUD at Section 5. 8. The Planned Unit Development includes required dedicated xeric scrub habitat along with open spaces and natural features which are preserved from-future development in order t~ thel~ natural f?nctions and to serye as project amenit~es~~ requlre~ by Environmental Stipulations contained withi~ at Section 5. ,their natural fur Dns and to serve as pro amenities as required by Environmental Stipulations contained within this PUD at Section 5. 9. Ail final local development orders for this project have complied or will comply with the Collier County Adequate Public Facilities Ordinance. 4 AGENDA ITE~ MAY 2 7 2003 AFFIDAVIT OF UNIFIED OWNERSHIP AND AGENC~ I, James M. Goldie, being first duly sworn, depose and say that I am the Trustee for the SJG Land Trust and hereby testify that the SJG Land Trust owns the entire property described in Section 1.2 of this document, which is the subject matter of this document and that all representations herein, including any renderings, drawings, data and other supplementary matter attached hereto are accurate, honest and true to the best of my knowledge. I further permit the undersigned to act as agents for the SJG Land Trust in any matters regarding this petition. (see Exhibit B) JAMES M. GOLDIE, Trustee DATE DOMENIC GADELETA, Agent DATE TIMOTHY W. FERGUSON, Agent DATE STATE OF FLORIDA, COUNTY OF COLLIERs Sworn to (or affirmed) and subscribed before me on day of , 1997 by James M. Goldie, Trustee for the SMJ Land Trust. NOTARY PUBLIC (print, type or stamp name of notary Personally known OR Produced identification~ Type of I.D. Sworn to (or affirmed) and subscribed before me on day of , 1997 by TIMOTHY W. FERGUSON, ESQ. 5 NOTARY PUBLIC 2003 SECTION I PROpERT~ OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The property is located on Old U.S. 41, adjacent to and South of Spanish Wells PUD, adjacent to and west of industrial development across U.S. 41, adjacent to and east of multi-family development and has vacant land to the South with low income housing as the next developed property to the south. 1.2 ?.~C~%L DESCRIPTION The subject property being 19.3 acres, is described ass The North 1/2 of the North 1/2 of the North 1/2 of the North East 1/4 of Section 10, Township 48 South, Range 25 East, lying West of Old U.S. 41, Collier County, Florida; AND The North 200 Feet of the South 1/2 of the North 1/2 of the North 1/2 of the North East 1/4 of Section 10, Township 48 South, Range 25 East, lying West of Old U.S. 41, Collier County, Florida 1.3 PROPERTX OWNERSHIP The subject property is currently under the undivided ownership of SJG Land Trust, 16979 Old U.S. 41 North, Naples, Florida 34110. (See page 3 of the amendment application document for unified ownership affidavit) 1.4 GENERAL DESCRIPTION OF PROPERTX A. The property consists of 19.3 acres on the west side of Old U.S. 41 just South of the Lee County line. Most of the property has been cleared and is being used for recreational purposes as an ongoing golf driving range and accessory uses. B. The project site is divided into residential and commercial uses. The West 17.3 acres consists of various potential residential uses. The eastern most 2.0 acres, adjacent to Old U.S. 41 is commercial. C. The zoning classification of the subject property, /~~ prior to the.date.of this approved PUD Document was PUD with(8~ ' -~-nits of residential on 17.3 acres and 2.0 acres of commercial/?. D. This property was found to be exempt from zoning re- evaluation by Collier County according the Zoning Reevaluation Ordinance 90-23. 1.5 PH¥SICAL DESCRIPTIONANDWATERMANAGEMEN~ CONSIDE! 6 2003. A. The pr ct site is Water Management District. located within the South Florida B. Water Management for the proposed project is planned to be the lake retention type. The elevation within the project site is approximately 15 feet above sea level. Most of the area is composed of xeric environs and soil types (substantial composed of various sandy soils). All of the site is located within the Flood Zone X area of the 500 flood zone according to FEMA Map Panel 191 of 1125, June 3rd, 1986 (the latest FEMA Map provided to the Soil and Conservation Service). C. Detailed Site Drainage plans, which shall incorporate a single water management system for this property, shall be submitted to the County Engineer for review before development. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with submitted plans, is granted by Collier County. The Water Management plan for the Gadaleta PUD may be developed in phases where feasible. D. An excavation permit will be required for any proposed lake or water retention area which complies with Federal, State and County regulations. 1.6 PROJECT DESCRIPTION The Gadaleta PUD is a mixed use project which consists of 17.3 acres of various potential residential uses in a range consisting of single family, single family cluster, single family attached, multi-family, group housing, patio housing, town houses and/or low income housing, with all other appropriate housing types within or similar to the types of housing listed above included. The density of this parcel of property is approximately 4.45 units per acre. The Gadaleta PUD also contains 2.0 acres of C-2 commercial zoning which may be developed and used according to the current Collier County Land Development Code (hereinafter LDC). Furthermore, the property is currently being used for a golf driving range and other related accessory purposes and may be used in such a manner hence forth with recreational use types comparable to the intensity of a golf driving range. The golf driving range is an allowable use contained within the Gadaleta PUD and the LDC. 1.7 ENVIRONMENTAL IMPACT A. The vast majority of the property covered by this document has been cleared for use as a driving range with the' exception of a 50 foot buffer on the North and South property lines and approximately 0.7 acres of xeric scrub habitat which has been retained as a conservation area on the Southeast corner of the property. An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5. LDC, as amended. The majority of vegetation which rema site is native vegetation. B. Regulations for the development of the Gadalet. p~Y 2 ? 7 Pg'-~-- ~hall be in accordance with the contents of t~s document, PUD Planned Development District and other applicable sections and parts of the LDC and the Collier County Growth Management Plan (hereinafter GMP) in effect at the time of any issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plan, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide development standards, then the provisions of the most similar district in the LDC shall apply. C. The Scrub Oak community (conservation easement) will remain undisturbed at the Southeast corner of the PUD, with the exception of the access road depicted on the PUD Site Plan. The access road through the Scrub Oak community shall traverse the Scrub Oak community at a point with the least ~mpact to the vegetation. 1.8 SHORT TIT?.W. This Ordinance shall be known and cited as the "Gadaleta Planned Unit Development Ordinance." HAY 2 ?. 2003 SECTION II PROJECT DEVR. tOPMENT REOUIREMENTS 2 · 1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 A. Regulations for development of the Gadaleta PUD shall be in accordance with the contents of this document, the Planned Unit Development District and other applicable sections and parts of the LDC and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards, the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the CCLDC in effect at the time of building permit application. C. Ail conditions imposed and all graphic material presented depicting restrictions for the development of the Gadaleta PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or expected by this PUD the other provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities at the earliest or next to occur of either Final SDP approval, Final Plat approval, or building permit issuance applicable to this development. F. Development governed by this Ordinance shall not affect the property's exempt status received pursuant to Collier County's finding that the property was exempt from zoning re- evaluation pursuant to the Zoning Reevaluation Ordinance 90-23. 2.3 DESCRIPTION OF PROJECT pI2%NAND PROPOSED LAND USES A. The project M.aster Plan, including layout of streets and of land.for.the va.rlous, tr.acts is yet to be determ~hed ~A&~ order to maintain flexibility in the final dev. elopment ~f property. The current layout of the PUD consists of t~o (2) _ MAY 27 2003. 'development tracts,~one residential and one commercial (see site plan, Exhibit A). The Gadaleta PUD shall be divided into a reasonable number of land use tracts, plus necessary water management lakes, street rights-of-way and other necessary designated areas. The general configuration of the Gadaleta PUD is intended to be flexible to accommodate the end-user of the property. ACREAGE TRACT TRACT "B" TRACT "A & B" Optional TOTAL ACREAGE UNITS/SO. FT Single Family and Multi-family as described in Section 1.6 above. various 17.3 Acres Commercial C-2 uses as outlined in the LDC various 2 Acres Recreational including but not limited to a driving range, putt putt courses and any other recreational use of similar intensity. Recreational Ail or Part 19.3 Acres B. Recreational uses are specifically intended to be permitted uses within the Gadaleta PUD. These uses include but are not limited to, a golf driving range and any other comparable recreational use as a permitted use within this PUD and the LDC C. The designated conservation area, composed of xeric habitat, consists of approximately 0.7 Acres (to be field verified) and is located in the Southeast corner of the Gadaleta PUD. No other conservation area is intended. Open space requirements shall include the designated conservation area and may be used in the calculation of required open space any place within the Gadaleta PUD, regardless of whether the designated conservation area is in the same tract or not. D. Areas to be designated as lakes or water' retention areas, shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry · depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown in the appropriate site development plan. Minor modifications to all tracts, lakes or other boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, pursuant to the LDC or as otherwise permitted by this PUD document. E. In addition to the various areas and specifi, shown in Exhibit "A", such easements as necessary (uti] 10 private, semi-publ~) shall be established various tracts as may be necessary. wi~in or along the 2.4 DESCRIPTION OF PROJECT DENSITY AND INTENSITY OF LAND USE A. A maximum of 77 residential dwelling units, single and multi-family, shall be constructed in the total project area. B. The gross project area, less acreage devoted to commercial purposes, is 17.3 acres. The gross project density, therefore, will be a maximum of approximately 4.45 units per acre. C. The Gadaleta PUD makes provision for all possible housing structure types, listed above, to be built on residentially designated tracts. The type of housing structure which characterizes the initial development of any platted tract is to be carried out throughout the development of that particular tract. D. Any or all of the Gadaleta PUD property may be used for recreational uses, including both recreational and commercial tracts. Recreational uses include but are not limited to golf driving ranges and their accessory uses or other comparable recreational use. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans for all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan with its inherent flexibility. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the Sta~e of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land, as provided in said Division prior to the issuance of a building permit of other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in c, with requirements of Division 3.2 of the Collier County Development Code prior to the submittal of construction a final plat for any portion of the tract or parcel. Lan~oA pl~ 2 ? 2003 E. Appropriate instruments will be provided, at the time of infrastructural improvements, regarding any dedication and method for providing perpetual maintenance of common facilities. 2.6 MODEL HOMES AND S;~?,~.S FACIT~_TTE~ Models homes/model home centers including sales center(s) shall be permitted in conjunction with the promotion of the development subject to the followings A. One 'wet" and an appropriate number of 'dry" models (commensurate with product types), may be constructed prior to recording of a plat on each particular tract within the PUD. Location is limited to future, platted family lots. All model home plans and permit applications must be made by the project owner. B. The models permitted as "dry models" must be obtain conditional certificates of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. C. The model ("wet model") utilized as "sales offices" must obtain approval by and through the Site Development Plan Process. D. Prior to the recordation of any plats, metes and bounds legal descriptions or other recordable legal descriptions, said description shall be provided to and accepted by Collier County as is sufficient for building permit issuance. Said legal descriptions must meet proposed plat configurations and all models constructed pursuant this PUD shall conform to applicable minimum square footage, setbacks, and the like as set forth herein. E. Access shall be provided to each "dry" model from the "wet" model. Access shall be for pedestrian traffic only, no paved road will be permitted. Access to the "wet" model shall be provided by a paved road or temporary driveway, said "unit model" shall have a supporting parking lot. F. Sales, marketing, and administrative functions are permitted to occur in designated "wet" model home within the project only as provided herein. G. The "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interior fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master the entire development. ~ 2.6 AMENDMENTS TO PUD DOCUMEN~ O~ PUD MASTER PL~- / MA¥27 20~ Amendments may be made to this PUD as pr~ovided in the Collier County Land Development Code, Section 2.7.3.5. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities, whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal documentation which shall include provisions for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of the LDC. 2.8 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL A. The excavation of earthen material and its stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions= 1. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code whereby off-site removal shall be limited to 10% of the total up to a maximum of 20,000 cubic yards. e applicable. Ail others provisions of said Division 3.5 are 13 HAY 2 7 2003 SECTION III LAND USE AND DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this section is to identify specific development standards for the areas designated as residential in the Gadaleta PUD. 3.2 MAXIMUM DWE?.?-INGUNITS The maximum number of dwelling units are as provided in Section 2.4 (A) of this PUD. A total of 77 units shall be allowed on the 17.3 acre residential tract. 3.3 PERMITTED USES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. PRINCIPAL USES: (1) Single Family Dwellings with all permitted accessory uses. (2) Single Family Attached Dwellings, including one dwelling unit above another. (3) Multi-family structures and accessory uses. (4) The clustering or grouping of housing structure types may be permitted on parcels of land with unified ownership, or as may be otherwise provided in the LDC. (5) Golf ranges and other similar recreational uses as outlined in Section 2.3 of this PUD. B. ACCESSORY USES~ Any accessory and incidental use to a permitted use. DEVELOPMENT STANDARDS The development standards for this PUD are to be consistent with the standards provided within this PUD at Table I or as otherwise described in the LDC. 3.5 GENERAL SETBACK PRovxszoN$ Generally, whenever the word setback is used relative to a measurement between the buildings and a lot line and/( boundary of a parcel of land upon which buildings are constructed, it shall have the following applications 14 r )4AY 2 7 2003 A. FRONT YARD Front yard setbacks shall be measured as follows: (1) If the parcel is served by a public or private right- of-way, the setback is measured from the adjacent right-of-way line. (2) If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. (3) If the parcel is served by a platted drive, the setback is measured from the road easement or property line. (4) Generally principal buildings shall be set back a distance sufficient to provide for two back to back parking spaces, one of which may be in an enclosed space. (5) When principal buildings front upon a common parking _. .area, which in turn fronts upon a public or private right-of-way or non-platted drive, a minimum distance of ten (10) feet shall separate the principal building and any related parking facility, and a green belt of ten (10) feet shall separate rights-of-way referenced above, or other non-platted private drive from the common parking area. This shall not prohibit the attached relationship of enclosed parking structures to the principal residential structure, however in such cases, a parking apron of at least fifteen (15) feet shall separate the enclosed parking space from the edge of the curb on a private right-of-way without sidewalks or fifteen (15) feet from a sidewalk. C. ACCESSORY BUILDINGS AND USE AREA RELATIONSHIPS (1) This PUD shall provide for reduced yard requirements where accessory structures (screened-in space when completely open to the sky and recreational uses, such as swimming pools, tennis courts, pavilions, etc.) are contiguous to a property line adjacent to open space as herein defined. (2) When accessory structures are contiguous to a property line adjacent to open space, the yard requirements' can be any reaosnable space including but not limited to a zero lot line configuration 15 SECTION IV COM CIAL 4.1 The purpose of this Section is to identify the type of Commercial Uses and development standards that will be applied to the areas so designated on Exhibit "A", as Commercial Tract 4.2 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 those found in the C-2 designation found in the LDC that is in place at the time of the adoption of this PUD. 4 · 3 DEVELOPMENT STANDARDS The development standards for the above referenced uses shall be in compliance with 2.2.13.4 of the LDC, in effect at the time of development. 4.4 PROVISION FOR OFF-SITE REMOVAL OF EARTheN MATERI~*. / The excavation of earthen material and its stock piling in preparation of water management .... facilities or to otherwis- oeve~op water bodies is hereby ~ermitted. T~ _~ ...... ~ .. .......... ~.~ ~ ~u~r consideration or ~i£1 activities on those bu~ldable portions of the project ~ite are ~uch that the~e is a surplus of earthen material, then · ts offis~te disposal ~s also hereby permitted. Excavation activities shall comply with the definition of a "development excavation- pursuant to Division 3.5 of the Land Development Code whereby off-site removal shall be limited to 10% of the total up to a maximum of 20,000 cubic yards. 16 MAY 2 7 2003, SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of this project. 5.2 GENERAL Ail facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 the LDC shall apply to this project even if the land within the PUD is not to be platted. The developer, his successors and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee to the development referenced in the PUD shall be bound by this PUD Document. 5.3 PUD MASTER PLAN A. Exhibit A, the Gadaleta PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase, such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. B. Ail necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all ~ommon areas in this project. 5.4 SCHEDU~,R OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. This PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. B. Any additional recreational facilities, as may be needed by the future residents of this project, shall be funded through a system of revenues collected by the Homeown A~,~,,~u Association. The Homeowner's Association By-Law's a provision that the creation of a Capital Improvemen~ mandatory, and every property owner ih the de%elopmen~ sha~lA.- become a member of the Homeowner's Association. ! .qO, C. A desc :ion shall be provided f the location of land and facilities to be dedicated to the County, their use and function together with acceptance by County. The plan shall provide a tabulation and location of useable open space and the mechanism for continued separation and maintenance by a private entity. D. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 5.5 VARIANCE AND EXCEPTIONS TO SUBDIVISION R~GUI~%TIONS Variance and exceptions to Division 3.3 of the Land Development Code will only be included in the PUD when a concurrent application is being made for Preliminary Subdivision Plat approval. 5.6 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by .the following conditions: A. The applicant shall be responsible for the installation of arterial level street lighting at all project entrances when the owner entity wishes to proceed with any authorized development, existing golf driving range and accessory uses excepted. B. Substantial 6ompetent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. C. Road Impact Fees shall be paid in accordance with ordinance. 92-22, as amended, and shall be paid at the time building permits are issued, unless otherwise approved by the Board of County Commissioners. D. Project entrances shall be designed to preclude the backing up of entering vehicles onto adjacent public roadways. If access is to be controlled by means of a gatehOuse or card- controlled gate, the gate or gatehouse shall be designed, located and operated so as not to permit such vehicular backup. A minimum throat length, for an entrance way off of Old U.S. 41, shall be 75 feet to facilitate vehicular stacking. Where the expected Peak Hour traffic volummes on Old U.S. 41 are equal to or greater than 30 vehicles, the minimum throat length shall be 100 feet. 5.7 WATER MANAGEMENT The development of this PUD Master Plan shall be and governed by the following conditions~ A. Prior to the submission of any Subdivision Ma or Site Development Plan, the Developer shall obtain subject to 2003 'confirmation from~Collier County Water Management that the discharge rate and route will not cause adverse impacts. 5.8 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. WATER: 1. Should the owner entity wish to proceed with authorized development, save fo~ a golf driving range and accessory uses prior ~o the availability of the Count · Sewer and Wate y s Sanitar ~L_ . r Distribution system, the owner ~.~4~.. _~ .... Y ....... - ~ ~,,~ ~ua~, at a=s own cos=, extenfl the 16" water main which presently terminates at the Railhead Industrial Park on the East side of Old U.S.41 Road. 2. A water distribution system shall be constructed. throughout the project development by the developer pursuant to all current requirements of Collier County ~nd the State of Florida. Water facilities constructed within platted rights-of- way or within utility easements, as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned and maintained by the developer, his assigns or successors. 3. All construction plans and technical specifications and proposed plat, if applicable, for the proposed water system, must be approved prior to commencement of construction. B. SEWER: 1. Should the owner entity wish to proceed with authorized development, save for a golf driving range and accessory uses, prior to the availability of the County's Sanitary Sewer and Water Distribution System, the owner entity shall, at its own cost, extend the 12" force main which presently terminates at the Railhead Industrial Park on the East side of Old U.S.41 Road. ! 2. A sewer collection system shall be Constructed throughout the project development by the developer pursuant to all ~urrent require~egts of the Collier Count and St Florida. Sewer facilities constructed withinYplatteda~g~s_of_. way or within utility easements as set forth in Collier County O~din~nce 97-17, sha%l be conveyed to the Count Wate D~strlct for owners~-~ ...... - Y r/Sewer · --~m, up-ration ano maintenance. All.sewer facilities constructed on private property and not required by the County to be located within utility easements, shall be owned and maintained by the developer, his assigns or successors. 3. Ail construction plans and technical spec and_p~oposed pl~t, if applicable, for the proposed ~ew~ must De approveu prior to commencement of construction. 19 MAY 2 ? 2003 5.9 ENGINEERING The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Unless approved, in advance, in writing by the Community Services Director, all improvements will conform to the requirements set forth in Article 3 of the Land Development Code. 5 · 10 ENVIRONMI!:~ The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. Ail 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 Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the LDC. C. In the event that the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for the maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704.06. D. Buffers shall be provided around wetlands, extending at~, least 15 feet landward from the edge of wetland preserves in all places and average 25 feet from the landward edge of wetlands when requested by the County. E. An exotic vegetation removal, monitoring-and maintenance (exotic free) plan for the site, with emphasis on conservation/preservation areas, shall be submitted to Current County Planning Review Staff for review and approval prior to final site plan/construction plan approval. F. A fifty foot buffer of natiye vegetation shall remain. along the North and South property lines, as long as the exlst~ng golf driving range and accessory uses remain active. Once the property is redeveloped, the buffers contained in this document will control and if the buffer sections of this docum apply, the provisions of the LDC control. G. Petitioner shall comply with the guidelines recommendations of the U.S. Fish and Game Service and 2O _~nt do not A~A IT~F.M _ and Game and Fresh Water Fish Commission regarding potential impacts to protected wildlife species. Where protected wildlife species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current County Planning Staff for review and approval prior to any site plan/construction plan approval. 5.11 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure(s), except for a construction site office and model units. 5.12 .SIONS Ail signs shall be in accordance with Division 2.5 of the Land Development Code. 5.13 .I2%NDSCAPING FOR OFF-STREET PARKINOAREAS Ail landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 5.14 POT.?:INO PLACES Pursuant to Section 2.6.30 of the Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement between the Supervisor of Elections recorded in the official records of the Clerk of the Circuit Court of Collier County, shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but limited to, condominium associations, homeowners associations, or tenants association. This agreement shall provide for said community recreation/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 21 A~IDA IT'~.M MAY 2 ? 2003 SECTION VI DEFINITONS The following definitions apply to this PUD~ SITE DEPTH AVERAGE: site width. Determined by dividing the site area by the SITE WIDTH~ As defined by the LDC; may be reduced on cul-de- sacs lots. MEASUREMENT OF SETBACKS: Setbacks are measured from lot lines, tract boundaries or public or private streets. OPEN SPACE~. Open space area means development adjacent to lakes, preserves, conservation area, park, or golf course. Patio (Zero Lot Line%: One wall of the residential structure is concurrent with a side property line and the sum of the two required side yards is shifted to the non-zero lot interior side lot line. Sinqle Family Attached/Townhouse/Row House: A multiple family structure which includes a series of three or more single family vertically attached housing units having no separate dwelling unit above another. May be more than one story, but not more than three habitable floors. villas= A multiple family structure which includes a structure containing three or more dwelling units both vertically and horizontally attached typically with dwelling units over dwelling units having irregular shaped exterior walls and generally not exceeding a height of two habitable floors. MultiDle Family: A housing structure containing three or more dwelling units other than that which fulfills the definition of single family attached, townhouse, row house, and villas. Generally includes a structure of two or more storys with dwelling units above dwelling units each of which may be accessed directly from the outside or from a common interior location. ~ A housing structure containing two dwellings units either vertically or horizontally attached. Clustered Housin~ The placement of two or more housing structures of the type described on a parcel of land/lot/tract under common ownership without violating the condominium ownership of individual dwelling units. MAY 2 ? 2003- TABLE DEVELOPMENT STANDARDS D£~ IvlULTI- COIVtlVlONS STANDAILDS FAMILY RECREATION USES p~NCa'AL S'rRuc'r~:-~ ~ LOT ~A I AC~ NOT ~PLlC~ A~GE P~ ~ 1~ ~ NOT APPLIC~LE ~. ~R ~A fi~ $.F. NOT ~PLIC~LE S~E Y~ 1~ ~) I0 FE~~ ~ Y~ 30 ~ I0 FE~~ B~N ~U~S I~ ~ I0 FE~ ~ B~G. ~. 3~ ~ 3~ FE~s AC~SSORY $~U~ ~O~ S.P.S. 20 FE~a S~E S.P.S. 10 FE~: ~ S.P.S. 10 ~ S.P.S.: Same ts Principal Structures. MAY 2 7 2003. 30 fce~ plus I foot for every 2 feet of building height over 30 feet. Where adjacent to a take. none (0') nu:usused from the lake control elevation, notx~ithstanding requiren~nt.s fc lake maintenance easements. 15 feet plus I foot for even, 2 fern of building height ox~er 30 feet. 15 feet or one half thc sun~ of the heif, hLs of adjacent buildings, measured froln exterior xs~lls, whicl~ver is gm ~ ~-e!-'~'~mmunications facilig~s ~ ~ 7 <C. ! ! I ro 7,, 0 © I,I £~M~$¥3 qdJ .OOL X I, James G, Goldie, President of North Naples Golf Range Inc. being duly sworn, depose and say that above referenced co .~..~4__ J_ . .! as President of the act as owner of the [ ..... ~ ...... e power and authority to · ~u~ur=y asscrlDeo in the ~adaleta PUD a~d which is the sub]ect matter of a roo answers to the . P p sed hearth · th G questions ~n an a 1 g, at all th= a~91eta PUD, and all skete~o,y ~? ica~io~.pursuant to the ma~er attached to and ...... , ua:a and other supplementary . · made a part of any application concern~nc the Gadaleta PUD, are honest and true to the best of my knowledge and belief. A hearing can be advertised. I further permit (AGENT'S'NAME) to act as my representative in any matters regarding any matter related to the Gadaleta PUD ' North Naples Golf ~ange, Inc. s Ja~es ~f;' Goldia. P~.sident State of Florida County of Collier .._~ The foregoing Agreement She day of O f ~b~ .... ~t was acknowledge b~_~ .... ~--- ' ~'~ -'~ ~ ' --' ~ ~ ~e~r~D~.a!lv knOWn ~- ~- ,. ~=__by ..)~ ~1.~,,,-; '., me this as identi~qcati~.~y_~e_ ?r ~90 has produced ~ ~'='' ~ _, who is - =au who ~ld (did not) ta~e an oath. Commission #_ My Commission EXpires MAY 2 Z 2O03 Sta=e of Florida' County of Collier · The foregoin, g Agreemen~ Sh~.e= was acknowledge before me th.is ~ gay. Of,, Oe'/~/~.L'~ ,_, 199 7 by~ '~ml'C~~'~1~, who ~e~so~a~ kn0w~ to~e~ or who has produced._. as lU~n=if~~~ who did (did no=) take an NOT~Y PUBLIC Commission ~_ , My co~i~sion Expires~ MAY 2 ? 2003 ii. AFF DAV! OF UNIFIED O_WNERSHIP AND AGENCX __ a_.ch of us DO. MENICO GADALETA AND ANGELA GADALET · · u-y sworn, Ue ose __ A, beln first · . P ant say that we g described in Section 1.2 ~ ~:- ~_e_ach own the entire pro err · v~ u~au uocument., as tenants in thPe Y entirety in fee simple, which is t. he sub]e.ct m.atter of this docume.nt and that all representations herein, including any renderings, drawings, data and other su leme .attached hereto are acc-~-~- ~ ..... P.P- ntary matter knowledae. I fu~- -i----~' ~un~s~ ana tru_e to the best o ou in anv-~at~-~- _~__~._,_~.~=~.m.i.t the undersigned to act . --~>r ..... ~o ~=~ar.u~ng tn~s petition. - DOMEN~ ~,,C~',?' /7 ,K.. DA~ ~IMOTHY W. ~FERGUSON, ESQ: - ' DATE - STATE OF FLORIDA, COUNTY OF COLLIER= Sworn to (or affirmed) and subscribed before me on ~ day of j~\.~ ~ , 1997 by DOMENICO and ANGELA GADI~LETA. NOTARY PUBLIC _~ Personally known OR ____Produced identification~ Type of I.D. (prln ary Sworn~..to (or affirmed) and subscribed day of. Q~N~ , 1997 by TIMOTHY W. ~Personally known OR .. Produced identification~ before me on '2.3pub FERGUSON, ESQ. (prln ary Type of I.D. AOENOA ITEM NAY 2 ? 2003 ~ ID Number: 00~43480008 Grmm~ ~1 TIN: 2190931 OR: 319 ?G: 3, ot/os/s~ at N:nA~ ~¥IGiI! I. BI0Cl, CLIBI C01S RIC m o0c..10 ie~n: KUHBT IAi llll, .... .. lULlS IL ItN5" !o°97 Warranty Deed This Indenture, M~le this 3 0t:h day of May, 1997 A.D.,. Between Domenico Gadaleta and Angela Gadaleta, husband and wife, e~ of the Coufu~ of COLLIER , Sm~ of Florida , grantors, North Naples Golf Range, Inc., a Florida corporation, as trustee of the SJG Land Trust Agreement, U/A dated 5/29/97,* whose,dm~u~.:16979 Old US 41, NAPLES, Florida 34110 , grantee. Witn~seth ,~.t ~ oR,,a, noes, for ..,4 in consideration of the sum of TEN & NO/100 ($10.00) DOLLARS. tnd other Iood and v~luable com[dend~n to GRANTORS in hand imid by GRANTEE. ttm t~.eipt whereof b hereby acknowledsed, have ~r'anHd. I~rpined tnd sold m die sam GR.~NTEE ~4 GRANTEE'S successors and tuipu fof~,e~, the followtnl described land. situate, lyinl and betnl tn me County of COLLIER Sta~ of Flor~d~ to wit: THE NORTH 1/2 OF THE NORTH 2/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, LYING WEST OF OLD US HIGHWAY 41 (TAMIAMI TRAIL); AND, THE NORTH 200 FEET OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, LYING WEST OF OLD US HIGHWAY 41 (TAMIAMI TRAIL); ALL BEING IN COLLIER COUNTY, FLORIDA. Subject to restrictions and easements common to the subdivision, if any, and taxes subsequent to 1997. *with full power and authority either to protect, conserve and to sell or to lease, or to encumber or to othewise manage and dispose of the real property herein described, pursuant to the provisions of F.S. 689.071 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-28 Which was adopted by the Board of County Commissioners on the 14th day of April, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of April, 1998. DWIGHT E. BROCK .'" /. '. Clerk of Courts and"~e~k Ex-officio to Board of County Commissioners " : By: Maureen Kenyon- "J. ,' . -' 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 851 ON BY CHANGING THE ZONiNG CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE "PUD" ZONING DISTRICT (GADALETA PUD) TO A PLANNED UNIT DEVELOPMENT (PUD) DISTRICT TO BE KNOWN AS THE NORTH NAPLES RESEARCH AND TECHNOLOGY PARK PUD, LOCATED ON THE WEST SIDE OF OLD U.S. 4l NORTH (C.R. 867) AND IMMEDIATELY CONTIGUOUS TO THE LEE/COLLIER COUNTY LINE, IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.3± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. 9,~IEREAS, Robert Duane, A1CP, of Hole Montes, Inc., representing North Naples Golf Range, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real propervy. NOW, THEREFORE. BE II ORDAINED by the Board of County Commissioners of Collier County. Florida, that: SECTION ONE: The zoning classxtxcanon ot the herein described real property located in Section 10. Township 48 South, Range 25 East, Collier County. Florida, is changed from the Gadaleta PUD Zoning District to North Naples Research and Technology Park PUD Zoning District in accordance with PUD Document, attached hereto as Exhibit "A" and incorporated by re~erence herein. The Official Zoning Atlas Map numbered 8510N. as described in Ordinance Number 91-102, the Collier County Land DeYelopment Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY Al)OPTED by the Board o[ County Commissioners of Collier County. Florida. this _~ day of __ ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,ATTEST: DWIGHT E. BROCK, CLEKK BY: TOM HENNtNG, CHAIRMAN Approved as to Form and Legal Sufficiency r~-l_X~MaUorie M. Student ,Assistant County. Attorney PUDZ-2002-AR-3569/FK'sl~ THE NORTH NAPLES RESEACH AND TECHNOLOGY PARK A PLANNED UNIT DEVELOPMENT PREPARED BY: ROBERT L. DUANE, A.I.C.P. HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 34110 HM PROJECT 2002061 G:\CurrentLReischlLPUD~R&T~PUD vers 5-7-03.doc Date Reviewed by CCPC: EXHIBIT "A" Date Approved by BCC: Ordinance No. Amendments & Repeals MAY 2 7 2003 SECTION SECTION SECTION III SECTION IV SECTION V SECTION VI SECTION VII TABLE OF CONTENTS Page Statement of Compliance ................................. Property Ownership, Legal Description, Short Title and ......... 6 Statement of Unified Control ................................................. Statement of Intent and Project Description .................................... General Development Regulations ................................................. Preserve Area Requirements .......................................................... 17 Permitted Uses and Dimensional Standards for Research and Technology Park Uses Both Target And Non-Target Use Areas ...................................... 18 .23 Development Commitments .......................................................... Exhibit A - PUD Master Plan EXHIBITS 2 G:\CurrentkR¢ischlkPUDXR&'D'PUD vets 5-7-03.doc SECTION I STATEMENT OF COMPLIANCE The development of e19.3 acres of property in Section 10, Township 48 South, Range 25 East Collier County, Florida, as a Planned Unit Development to be known as the North Naples Research and Technology Park PUD, will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. The proposed Research and Technology Park will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: The property is located in the Mixed Use District Urban Residential Subdistrict as depicted on the Future Land Use Map of the Collier County Growth Management Plan. The Future Land Use Element ("FLUE") of the Collier County Growth Management Plan allows for the Research and Technology Park Subdistfict on sites greater than nineteen (19) acres in the Urban Mixed Use District which the subject property is located within. Therefore, because of the property size (19.3 acres) and its location it may be found consistent with these FLUE location requirements for the Research and Technology Park Subdistrict. The Research and Technology Park Subdistrict is also required according to the FLUE to be located on an arterial or collector road ways. Old US 41 which provides access to thesubject property is classified as a collector road way according to the Transportation Element of the Collier County Growth Management Plan. Therefore, consistency can be established with this provision of the FLUE. The Research and Technology Park Subdistrict also requires provision for work force housing up to a maximum of forty (40) percent of the park's acreage as the site abuts residential zoning to the west. The total number of work force housing units will not exceed twelve (12) dwelling units and shall be provided for on Target or Non-Target Use Areas "A" or "B" depicted on the PUD Master Plan. The actual number of dwelling units to be provided will be based on the underlying size of the gross leasable floor area of the first floor for either Target or Non-Target Use Areas "A" or "B". This floor area shall constitute the amount of leasable residential area to be provided. The residential area may be developed into either efficiencies, one (1) or two (2) bedroom units at the option of the developer. The provision of work force housing in accordance with this standard is consistent with the requirement to provide wo, k force housing within the Research and Technology Park Subdistrict of the FLUE. o according to the FLUE. Therefore, a density of up to 3 dwelling units per ac without density bonuses for workforce housing. Based on the 3.96 acres wetland preserve area and FPL easement area located within the subject prope of 12 dwelling units are permitted. Based on the formula provided in findin 3 The Research and Technology Park Subdistrict requires that density be consistent with the Density Rating System of the FLUE for workforce housing. The subject property is located in the Urban Mixed Use District and further located within the Traffic Congestion Boundary G:\CurrentSReischl~PUDkR&'IXPUD vers 5-7-03.doc 'f u~md and I ty a makunUm ' f°u~~]~O03 10. to 12 dwelling units can be found consistent with the Density Rating System of the FLUE. The Research and Technology Park Subdistrict also requires that a minimum of sixty (60) percent of the park' s area shall be devoted to Target Use Areas or 8.23 acres and a maximum of twenty (20) percent of the area shall be devoted to Non-Target Use Areas or 2.74 acres. Therefore, this FLUE requirement can be met to establish consistency with the Collier County Growth Management Plan because more than 8.23 acres of Target Use Areas are proposed and 2.54 acres of Non-Target Use Area is provided for on the PUD Master Plan. The FLUE notes that Target Industries identified by the Economic Development Council of Collier County are aviation/aerospace industry, health technology industry and information technology industry, and include the following uses: software development and programming; intemet technologies and electronic commerce; multimedia activities and CD- ROM development; data and information processing; call center and customer support activities; professional services that are export based such as laboratory research or testing activities; light manufacturing in the high tech target sectors of aviation/aerospace and health and information technologies; office uses in connection with on-site research; development, testing and related manufacturing; general administrative offices of a research and development firm; educational, scientific and research organizations; production facilities and operations. The proposed uses in Section 6.4 of the PUD Ordinance for the North Naples Research and Technology Park provides for the Target Use Areas listed above including other uses contained in Section 2.2.20.4.8 of the LDC for research and technology parks. Therefore, consistency can be established with this provision of the FLUE. The FLUE notes that Non-Target Industry Uses may include hotels at a density consistent with the LDC, and these uses in the C-1 through C-3 Zoning Districts that provide support services to the Target Industries such as general office, banks, fitness centers, personal and professional services, computer related businesses and services, employee training, technical conferencing, day care center and restaurants, and corporate and government offices. The proposed uses in Section 6.4 of the PUD Ordinance for the North Naples Research and Technology Park provides for the Non-Target Industries listed above including other uses contained in Section 2.2.20.4.8 of the LDC for research and technology parks. Therefore, the proposed uses for Non-Target Industries may be found consistent with the FLUE. The FLUE notes that building permits for Non-Target Industry Uses shall not be issued for more than 10,000 square feet of building area prior to the issuance of the first building permit for a Target Industry Use. This requirement is included in Section 6.5H of this PUD Ordinance. Therefore, consistency can be established with this provision of the FLUE. The subject property's location in relation to the existing or proposed community facilities and services supports the proposed development intensities as required in Objective 2 of the The proposed development is compatible with and complementary tO exis ng ~{~[ surrounding land uses as required in Policy 5.4 of the FLUE. MAY 2 ? 2003 G:\CurrentXReischI~PUDXR&T~PUD vets 5-7-03.doc 11. 12. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. The proposed development will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. G of the Future Land Use Element. 13. 14. The project is planned to incorporate natural systems for water management purposes in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element of the Collier County Growth Management Plan. The project as planned may be found consistent with Objective 7 of the Transportation Element that requires that the County shall develop and adopt standards for safe and efficient ingress and egress to adjoining properties, as well as encourage safe and convenient on-site circulation. 15. All final development orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in Division 3.15 of the Land Development Code and further required by policy 2.3 of the 5 MAT 2 7 2003 G:\Current~Reischl~PUD~R&7~PUD vers 5-7-03.doc SECTION II PROPERTY oWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 2.2 2.3 2.4 PROPERTY oWNERSHIP North Naples Golf Range, Inc. are the owners of the subject property at the time of this application for rezoning. LEGAL DESCRIPTION The subject property being +19.3 acres is described as: The North V2 of the North I/2 of the North 1/2 of the North East IA of Section 10, Township 48 South, Range 25 East, lying West of Old U.S. 41, Collier County, Florida; AND The North 200 Feet of the South 1/2 of the North 1/2 of the North V2 of the North East IA of Section 10, Township 48 South, Range 25 East, lying West of Old U.S. 41, Collier County, Florida GENERAL DESCRIPTION OF PROPERTY The project is comprised of +19.3 acres, more or less, and is located on the west side of Old U.S. 41 just south of the Lee County line. The project permits a range of commercial and research/technology uses. Physical Description The subject property is currently being used for a golf course driving range at the time of application for this rezoning. The average elevation of the subject property is approximately twelve (12) feet above mean sea level. Most of the site is composed of xeric environs and soil types (substantially composed of various sandy soils). The entire site is located within Flood Zone X. The zoning classification prior to the date of approval of this PUD was a PUD that allowed for a golf course driving range, residential uses and limited commercial uses. SHORT TITLE This Ordinance shall be known and cited as the "North Naples Research and Technology Park Planned Unit Development Ordinance". STATEMENT OF UNIFIED CONTROL This statement represents that the current property owner has lands under the purpose of obtaining PUD zoning on the subject property. 6 2OO3 G:\CurrentkReischlXPUDkR&TkPUD vets 5-7-03.doc SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 INTRODUCTION It is the intent of this Ordinance is to establish a Planned Unit Development meeting the requirements as set forth in Section 2.2.20 of the Collier County Land Development Code (LDC). The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 PROJECT DESCRIPTION The project contains _+19.3 acres and includes land area to provide for a mix of Targeted Use Areas - aviation/aerospace industry, health technology industry, information technology industry and other light, low environmental impact uses. Also permitted are Non-Target Use Areas that provide support services to the Target Use Areas such as general office, banks, restaurants, personnel and professional services. The Maximum amount of Non-Target Use Area permitted by the FLUE is 2.74 acres and 2.54 acres is provided for on the PUD Master Plan. The minimum acreage required to be devoted to Target Industries is 8.23 acres and the PUD Master Plan provides for acreage in excess of this amount. The North Naples Research and Technology Park PUD also provides for four (4) work force housing units to be located in a mixed use structure. Both upland and wetland preserve areas are provided for on the PUD Master Plan "Exhibit A" and comprise approximately 2.7 acres. Access will be provided from Old U.S. 41 from a sixty (60) foot right-of-way that serves the proposed North Naples Research and Technology Park PUD. 3.3 LAND USE PLAN AND PROJECT PHASING The PUD Master Plan ("Exhibit A") provides for areas of light technology based uses Target Use Areas and Non-Target Use Areas to provide for commercial support services, right-of-ways, lakes, preservation areas and an FPL easement area. The PUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of Site Development Plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. The anticipated time of build-out of the project is approximately three (3) years from the time of issuance of the first building permit, or 2005. However, actual build-out will depend on market conditions. 7 G:\Current~Reischl~UD~R&T~PUD vets 5-7-03.doc MAY 2 7 2003 SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations that may be applied generally to the development of thc North Naples Research and Technology Park Planned Unit Development and Master Plan. 4.1 GENERAL The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the North Naples Research and Technology Park PUD shall be in accordance with the contents of this document, the PUD Planned Unit Development District and other applicable sections and parts of the LDC and the Collier County Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement. B. 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. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the North Naples Research and Technology Park PUD shall become part of the regulations that govern the manner in which this site may be developed. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. E. Unless specifically waived through any variance or waiver provisions of any other applicable regulations, the provisions of those regulations not otherwise provided for within this PUD remain in full force and effect. 4.2 4.3 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document in effect at the time of construction plan approval. EASEMENTS FOR UTILITIES Easements, where required, shall be provided for water management areas, util purposes as may be required by Collier County. All necessary easements, d 8 :dicht~o'ng' or G:\Current~Reischl~PUD~R&T~PUD vets 5-7-03.doc 4.4 4.5 other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with the applicable regulations in effect at the time construction plans and plat approvals are requested. Easements dedicated to Collier County shall be counted toward the County's open space and the retention of native vegetation requirements. AMENDMENTS TO THE ORDINANCE The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this Ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC, in effect at the time the amendment is requested. PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A". the PUD Master Plan, constitutes the required PUD development plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to the recording of the final subdivision plat, when required by the subdivision regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County subdivision regulations and the platting laws of the State of Florida. 4.6 Prior to the issuance of a building permit or other development order, the provisions of Section 3.3, Site Development Plans, shall be applied to all platted parcels, where applicable. PROVISION FOR OFFSITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted during construction. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition of a "development excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. Bo A timetable to facilitate said removal shall be submitted to the Engineering Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul mutes. A~ All other provisions of Section 3.5 of the LDC are applicable. 9 G:\Current~Reischl~PUDkR&'lXPUD vets 5-7-03.doc MAY 2 ? 2003 4.7 4.8 4.9 4.10 4.11 SUNSET AND MONITORING PROVISIONS The North Naples Research and Technology Park PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. POLLING PLACES Polling places shall be provided in accordance with Section 3.2.8.3.14 of the Collier County Land Development Code. NATIVE VEGETATION A minimum of fifteen (15) percent of the site (at least 2.7 acres) shall be provided in retained native vegetation or replanted in accordance with Section 3.9.5.5.4 of the LDC. Areas of retained native vegetation include the 1.5 acre wetlands preserve area located on thc western portion of thc site, the .7 acre xeric scrub preserve at the southeast corner of the site and at least .5 acres of native vegetation to be retained along the northern property line, for a total of 2.7 acres. ARCHAEOLOGICAL RESOURCES The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event such resources are contained on the property. cOMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces, and water management facilities, shall be the responsibility of a homeowners' association to be established by the developer. 4.12 4.13 OPEN SPACES Thc Collier County Land Development requires that research and technology parks shall maintain open space at a minimum of thirty (30) percent of the project area. The project will be designed in accordance with this standard and open space areas shall be shown on thc Site Development Plan and/or Subdivision Plat, whichever may be required. OFF STREET PARKING AND LOADING All off street parking and loading facilities shall be in accordance with Division 2.3 of the Collier County Land Development Code. 4.14 USE OF RIGHTS-OF-WAYS Utilization of lands within all project right-of-way or access easements for decorative entrance ways, and signage purposes shall be allowed subject to administrative approval by the Collier County Planning Services Director, 10 G:\CurrentkReischlkPUD~R&T~PUD vets 5-7-03.doc 2003 4.15 account engineering and safety considerations during the development review process and prior to any installations. ROAD WAYS 4.16 Road ways within the North Naples Research and Technology Park PUD may be private. Standards for roads and driveways shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or rejected by this PUD, or approved during final Subdivision Plat approval. The developer reserves the right to request substitutions to code design standards in accordance with Section 3.2.7.2 of the LDC. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the North Naples Research and Technology Park PUD. General permitted uses are those uses which generally serve the Developer and residents of the North Naples Research and Technology Park PUD and are typically part of the common infrastructure or are considered cowanunity facilities A. General Permitted Uses: Essential services as set forth under LDC, Section 2.6.9.1. Water management facilities and related structures. Lakes. e Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including the necessary access ways, parking areas and related uses to serve such offices subject to issuance of a temporary use permit. Landscape features including, but not limited to, landscape buffers, berms, fences and walls. Any other use which is comparable in nature with the foregoing list of permitted accessory and principal uses, as determined by the Board of Zoning Appeals ("BZA"). 4.17 SIGNAGE G:\CurrenfiReJschI~PUD~R&TLPUD vets 5-7-03.doc It is the intent of North Naples Research and Technology Park Design Standards to provide basic controls for signage size, style and color without conflicting with corporate identification and symbols required for successful advertisement. All monument and building faqade signs shall meet the following guidelines but shall be ultimately governed by Collier County si~ l l ] MAY 27 2003. n. I General: 1. All Collier County sign regulations, pursuant to LDC, Division 2.5, Signs, in force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. Signs shall be permitted in private rights-of-way. 3. All signs shall be located so as not to cause sight line obstructions. 4. All internal project rights-of-way, drive aisles, or access easements 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 for herein. 5. The only signage permitted within preserve areas shall be directly related to the protection and educational component of the Preserve. Entrance Signs: 1. One ground or wall-mounted entrance signs may be located at the entrance to the subdivision within the PUD. Such signs shall only contain the name or the subdivision or the insignia or motto of the development. 2. The ground or wall signs shall not exceed a combined total of 64 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 the public right-of-way, and any perimeter property line shall be 15 feet. Traffic Signs: 1. Traffic signs such as street signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size of the signs shall be in accordance with DOT criteria. Wall Mounted Signs 1. Wall mounted signs shall be individual letter mounted sep,~ continuously wire raceway in a color to blend with the backgrc signs are not permitted. 12 G:\Current'~ReischlWUDkR&TWUD vets 5-7-03.doc 4A¥ 2 7 2003 E. Colors Wall signs shall be placed within a 24 inch high horizontal signage band around the building perimeter. Building signs shall be placed within a horizontal signage band around the building perimeter that does not exceed Collier County requirements. Harmonious color schemes for signs are required but corporate identity variations may be permitted. Signs with multi-color letters are not permitted. 4.18 ARCHITECTURAL AND SITE DESIGN STANDARDS The North Naples Research and Technology Park Design Standards have been created by the developer to promote a visually harmonious framework for all developments within the PUD boundahes. It establishes minimum design standards to enhance compatibility and to assist architects in designing appropriate property improvements. These standards replace related portions of the Collier County Architectural Standards (LDC Division 2.8) as noted. All other portions of the Collier County LDC, Collier County Growth Management Plan and all other codes with jurisdiction shall remain in full force. The intent of this standard is to establish requirements that emphasize compatibility and community with a common architectural theme, landscaping and consistent common streetscape elements for the research/technology portions of the PUD. The Target or Non-Target Use Areas "A" and "B" located along Old U.S. 41 shall meet current LDC Division 2.8 Architectural and Site Design Standards. Each building shall be designed with an entry element at street side within the research/technology designated area (as indicated on the site plan) in order articulate building massing and visually reduce building heights along the street. A. Landscape and Streetscape Requirements Landscape buffers requirements shall be as indicated in the Land Development Code as determined by adjacent land uses except as noted within. ° Trees shall be planted along the street right-of-way at 30 feet on center (uniformly spaced on each site) to provide a continuous tree line along the street. Variations up to ten (10) feet are permitted to accommodate entry drives and other similar improvements. Decorative street lights (20' tall) shall be installed at 100 feet on center (near the intersection of right-of-way line and perpendicular property lines) to provide a uniform and continuous lighting pattern. B. Building Design Requirements G:\CurrentkReischhPUD~R&'lXPUD vers 5-7-03.doc A pedestrian walkway shall be provided from each building entry to the street sidewalk, nar, n~A rr~ ct__ 1'-7 19 MAY 2 7 2003 13 The following requ .... '-- · ~,~ '~ Q '~ '~ 4 Facade Standard, ~ ,~.o.o.-,.., 2 8 3 5 3 Facade/Wall Height lransmon, ur.,,.. ~.o ..... - - Massing Standards, LDC 2.8.3.5.6 - Project Standards, LDC 2.8.3.5.7 - Detail Features, LDC 2.8.3.5.8 - Additional Facade Design Treatments for Multiple Use Buildings, LDC 2.8.3.5.10- Roof Treatments for buildings over 20,000 square feet. Refer to the equivalent requirements under Section 2.8.4 of the Land Development Code for buildings under 20,000 square feet that are also amended by these standards. 1. Buildings shall I~.e designed with their main entrance feature facing the street or on the front comer adjacent to side yard visitor parking in a manner that addresses thc street and parking lot. 2. All buildings will have a single story entry feature element adjacent to the street with a mass that steps down from the larger research / technology portion of the building with a minimum of eight fee (vertical dimension) roofline separation. The entry feature element shall span a ~2.nimum of 60% of the horizontal length of front facade and provide 3 feet minimum overhangs and/or recessed alcove for entry doors at the entry feature element. The front facade of the entry feature element shall be a minimum of 20 feet in front of the larger research/technology portion of the building. Sloped roofs are not permitted at the entry feature element except for mansard treatments so that the building mass step down is apparent. 3. The entry feature facade (facing street) shall have door and window area not less than 30% of the front elevation of the element. Total facade area for this calculation shall be the front element width times the floor to roof line height (not including parapet wall height). Group glazed doors and windows together to form horizontal glazing bands with horizontal dimensions at least twice the height of the window opening. 4. Metal wall panels are acceptable for the building facades behind the entry feature element component if they are twenty-five (25) feet in height or less. Semi-concealed fasteners are required. If metal wall panels are used on the entry feature element, they shall be smooth face architectural panels. Wall facades over twenty-five (25) in height shall not be metal wall panels but may be any other exterior wall material permitted by the Land Development Code. Wall facades over twenty-five (25) in height shall be delineated with control joints or scoring that does not exceed twelve (12) feet horizontally and twenty-four (24) feet vertically and emphasizes the horizontal plane. Horizontal banding with wall color variation in conjunction with control joint or scoring pattern is required. 5. Architectural treatment, articulation and material selections shall continue on all facades of the building. All mechanical roof top units and condensers if located on screened from view. 14 NAY 2 7 2003 G:\Current~R¢ischl~PUD~R&T~PUD vet's 5-7-03.doc 4.19 If any building is constructed on the northern property line west of the Upland Preserve Area and east of Lot ~V9 depicted on the PUD Master Plan and where the north elevation length exceeds the buildable distance permitted on the largest of these lots, the north elevation shall be required to meet the Massing Standards as indicated in LDC 2.8.3.5.5 (paragraphs 1 and 2) or LDC 2.8.4.4.5 (paragraphs 1 and 2) as determined by the building square footage. The intent of this requirement is to control north elevation massing in cases where more than one lot is utilized for the construction of an individual building. LANDSCAPING AND WALLS All landscaping shall be in accordance with the requirements of Division 2.4 of the LDC and' Section 4.18A of this PUD Ordinance. However, in addition, the following landscape requirements shall be met: 1. A five foot high berm constructed at a 3.1 slope will be provided to the west of the proposed water management area, with a T~ ,vpe "W' trifler incorporated onto the berm to provide for screening and buffering to the west. (See PUD Master Plan Exhibit "A" for detail.) 2. The Upland Preserve Area located along Old U.S. 41 shall be credited towards the requirement for a Type "D" buffer along U.S. 41, and no other landscaping shall be introduced into this area other than restored native vegetation. 3. Additional landscaping shall be required along the north property line between the Upland Preserve and the westerly portion of Tract//9. Such landscaping shall include a double row of trees and or palms to provide additional screening for residentially zoned lands located to the north. 4. A Type "B" buffer shall be provided between either Target or Non-Target Use Areas "A" or "B" and the adjoining lot to the west, when containing residential uses in a mixed use structure. 5. A masonry wall will be required along the north property line between the west side of the Upland Preserve Area located along the northern property line and the westerly boundary of Tract//9. 6. Landscaping and wall treatments required by this Ordinance will be implemented at the time of SDP approval for each individual lot. G:\Current~ReischlXPUD~R&'I~PUD vets 5-7-03.doc 15 WAY 2 7 2003 SECTION V PRESERVE AREA REQUIREMENTS 5.1 5.2 5.3 PURPOSE The purpose of this Section is to identify development standards for thc Preserve Areas as shown on Exhibit "A", PUD Master Plan. PERI, fiTTED USES The PUD Master Plan provides for 2.7 acres for upland and wetland preserve areas. Minor adjustments may be made to the boundaries of the wetland preserve area based on South Florida Water Management District permitting considerations along the western portion of the property, but not the Upland preserve area located on Old U.S. 41 and comprising 0.70 acres. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following structures: A. Permitted Principal Uses and Structures in accordance with the preservation standards of the LDC in Section 3.9.5: Passive recreation areas. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. Bo 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Preserve Areas, subject to Site Improvement Plan approval. Any other use deemed comparable in nature by the Collier County Board of Zoning Appeals. DEVELOPMENT STARDARDS A. Principal structures shall be Bo required to be setback :went-y-five (25) feet from Preserve Areas. Accessory structures shall be required to be setback ten (10) feet from preserve areas unless it can be demonstrated that it will not adversely impact the inte~c'ity of the preserve. 16 G:\Current~Reischl~PUDkR&TkPUD vers 5-7-03.doc SECTION VI PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESEARCH TECHNOLOGY PARK USES BOTH TARGET AND NON-TARGET USE AREAS 6.1 PURPOSE AND 6.2 The purpose of this Section is to identify permitted uses and development standards for areas within the North Naples Research and Technology Park PUD and depicted on the PUD Master Plan, Exhibit "A". GENERAL DESCRIPTION The PUD Master Plan designates the following uses for the general use designations on said Master Plan. 6.4 AREA + ACRES ± PERCENTAGE 1. Development tracts 12.43 64.4% 2. Preserve areas 2.70* 14.0% 3. Right-of-Way 1.29 6.5% 4. Lakes 0.90 4.7% 5. FPL Easement area 1.26 6.5% 6. Open Space 0.69 3.9% 19.3 100% The approximate acreage of development areas are depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided prior to the time of site development plan or final subdivision plat approval in accordance with Article 3, Division 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. Development areas are also designed to accommodate internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses typically found in non-residential areas. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. No less than 8.23 acres will be developed with Target Industry Uses: One hundred (100) percent of the North Naples Research and Technology Park's development tracts are allowed to be developed with the following principal uses: Aircraft & Parts Groups 3271-3728 Aviation/Aerospace Industries * Preserve areas comprise 15% of the site area less the FPL easement area. 17 G:\CurrentLReischl~PUD~R&TM:~UD vers 5-7-03.doc MAY 2 ? 2003 3. 4. 5. 6. 7. 8. 9. 10. ll. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Broadcast Studio, Commercial Radio and Television Cable and Other Pay Television Services Group 4841 Call Center and Customer Support Activities CD-ROM Development Communication Groups 48124841 Computer and Data Processing Services and Computer Related Services Data and Information Processing Development Testing and Related Manufacturing Drugs and Medicine Groups 2833-2836 Dwelling Units Education, Scientific and Research Organization Export based laboratory research or testing activities Information Technologies Laboratories Groups 5047, 5048, 5049, 8071, 8731, and 8734 Medical Laboratory Groups 8071, 8072, 8092, and 8093 Parks Photo Finishing Laboratory Printing and Publishing Group 2752 Production Facilities and Operations/Technology based Indoor Storage Only Research/Development Laboratories & Technology Park Groups 8071,8731, and 8734 (subject to CPA 2001-5 of the Growth management Plan) Telephone Communications Group 4813 Any Other Use which is compatible in nature with the foregoing list of permitted principal uses as determined by the Board of Zoning Appeals. B. Non-Target Industry Uses: A maximum of 2.54 acres may be used for Non-Target Use Areas. These areas are labeled Target or Non-Target Use Areas "A" and "B" on the PUD Master Plan Exhibit "A": 1. Accounting Groups 8721,7521,7231,7241 2. Automobile service station §2.6.28 3. Banks and financial establishments Group I 6011 - 6062 Group II 6081 - 6173 4. Barber Shops Group 7241 5. Beauty Shops Group 7231 6. Business Services Groups 7311-7352, 7359-7389 7. Car wash 8. Clothing stores, general 9. Cocktail lounges Group 5813 10. Convenience food and beverage store 11. Day care center, adult & child services 12. Drugstore, pharmacy 5912 13. Residences 14. Engineering Groups 0781, 8711-8713, and 8748 15. Food and Beverage Service, Limited 16. Food Stores Groups 5411-5499 18 G:\CurrentXReischlXPUDkR&TxPUD vet's 5-7-03.doc Co 17. Gasoline Dispensing System, Special 18. General Merchandise Groups 5331-5399 19. General Contractors Groups 1521-1542 20. Gift and Souvenir Shop 21. Hardware Store Group 5251 22. Health Care Facilities Groups 8011-8049, 8051-8099 23. Hobby, Toy and Game Shops 24. Hotel/Motel Groups 7011,7021,7041 25. Insurance Companies Groups 6311-6399, 6411 26. Laundry or Dry Cleaning 27. Legal Offices Group 8111 28. Management Groups 8741-8743, 8748 29. Membership Organization Groups 8611-8699 30. Motion Picture Production Studio Groups 7812-7819 31. Personal Services Groups 7211-7299 32. Photographic Studios Group 7221 33. Physical Fitness Group 799! 34. Professional Office 35. Restaurant, Fast Food 36. Restaurants Groups 5812-5813 37. Schools, Commercial Groups 8243-8299 38. Security 8,: Commodity Brokers Groups 6211-6289 39. Travel Agency Group 4724 40. Any Other Use which is compatible in nature with the foregoing list of permitted principal uses as determined by the Board of Zoning Appeals. Accessory Uses and Structures Accessory uses and structures that are incidental to use permitted as of right in the PUD. For Target Use Areas, retail sales or display areas as accessory to the principal use shall not exceed an area greater than twenty (20) percent of the gross floor area of the permitted principal use and are subject to retail standards for parking and landscaping and shall be indicated on the Site Development Plan. Administrative Offices Parking garage 6.5 DEVELOPMENT STANDARDS FOR TARGET & NON-TARGET USE AREAS Ao Co Minimum lot area - 20,000 square feet Minimum lot width - 100 feet; however, lots fronting on Old U.S. 41 shall have a minimum lot width of 250 feet of frontage on Old U.S. 41 and the northwestern most lot adjacent to the cul-de-sac shall have a minimum lot width of 42 feet on the street front and on the PUD Master Plan Exhibit "A". Minimum floor area of structures - 1000 square feet 19 G:~Current~eischlL~UD~R&T~PUD vers 5-7-03.doc further depicted _ MAY 2 7 2003 Eo Minimum yard requirements: 1. Front yard: 25 feet 2. Side yard: 15 feet 3. Rear yard: 15 feet 4. Minimum yard requirement adjacent to any residentially zoned or used property: 25 feet. 5. Separation between structures: 10 feet or one-half the building height, whichever is greater. Maximum height of structures: Three stories with a maximum of 35 feet. Non-Target Use Area "A" or "B" is limited to two (2) stories with a maximum of thirty-five (35) feet should work force housing be developed on those tracts. The maximum height of structures on Tract g9 is limited to a maximum height of twenty-five (25) feet. Outside storage and display - no outside storage and display shall be permitted. All manufacturing, processing and packing shall be conducted within a fully enclosed building. Lighting - lighting shall be arranged in a manner that protects road ways and neighboring properties from direct glare or interference. Parking lot lighting on the most westerly tract shall be limited to a maximum of twelve (12) feet in height and shielding shall be provided so no direct lighting will be seen from nearby residential structures to the west. Building Permits - Prior to the issuance of the first building permit for a Target Use Area use, building permits for Non-Target Uses shall be limited to a maximum of 10,000 square feet. The landscape berm and buffer area located on the western portion of the property and depicted on Exhibit "A" the PUD Master Plan, shall be constructed prior to acceptance of infrastructure by Collier County Engineering Services. Jo A fence or landscaping designed to deter pedestrians shall be provided along the western edge of the westerly most tract in the North Naples Research and Technology Park. Hotel/Motel - Hotel/motel units may be developed to a maximum fioor area ratio of 0.60 and not to exceed 16 dwelling units per acre. Residential Standards -The development standards for Non-Target Use Area "A" or"B" for mixing residential and commercial uses are required as follows: 1. Residential dwelling units shall be located above principal uses; 2. The number of residential dwelling units shall be controlled by the dimensional standards of the C-3 district; Building height shall not exceed 35 feet; Each residential dwelling unit shall contain the following minim efficiency and one-bedroom, 450 square feet; two-bedroom, 650 sq 20 G:\Current\Reischl~UD'~R&T~PUD vets 5-7-03.doc o bedroom, 900 square feet. Residential units may be provided on the second or third floor and may be mixed with office uses on the same floor The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. The required work force housing units shall be provided when certificates of occupancy have been issued for no more than 70 percent of 12.43 developable acres. G:\CurrentkReischlXPUD~R&TxPUD vets 5-7-03.doc 21 MAY 2 ? 2003 SECTION VII DEVELOPMENT COMMITMENTS 7.1 7.2 PURPOSE The purpose of this Section is to set forth the development commitments for the North Naples Research and Technology Park PUD. PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable state and local laws, codes and regulations except where specifically noted. B. The PUD Master Plan ("Exhibit "A") is illustrative in nature. Tracts and boundaries shown on the Plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary or final subdivision plat or site development plan approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continual operations and maintenance of all service utilities and all common areas of the project. 7.3 ENVIRONMENTAL A. An exotic vegetation removal monitoring and maintenance plan for the site shall be submitted to Collier County prior to final site plan/construction approval. A schedule for exotic vegetation removal shall be submitted with the above referenced plan. B. A minimum of fifteen (l 5) percent of the site (at least 2.7 acres) shall be provided in retained native vegetation or replanted in accordance with Section 3.9.5.5.4 of the LDC. Areas of retained native vegetation include the 1.5 acre wetlands preserve area located on the western portion of the site, the .7 acre xeric scrub preserve at the southeast corner of the site and at least .5 acres of native vegetation to be retained along the northern property line, for a total of 2.7 acres. Areas of retained vegetation include the wetland preserve area located on the western portion of the property's 1.51 acres, the xeric scrub upland area located along Old U.S. 41 comprising of .70 acres; and native vegetation to be retained along the north property line and comprising .49 acres for the total of 2.7 acres. C. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section Staff. D. The petitioner shall comply with the guidelines and recommendatio Fish and Wildlife Service ("USFWS") and Florida Fish and Wildlife 22 G:\Current\ReischlkPUDkR&T~PUD vets 5-7-03.doc Commission ("FFWCC") regarding potential impacts to protected wildlife species. Where protected species are observed on site, a habitat management plan for these protected species shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction approval. Eo The petitioner shall be subject to all environmental section of the LDC and GMP at time of final development order approvals. Fo The scrub oak preserve area shall be restored in accordance with the approved "Unauthorized Vegetation Removal Remediation Plan & Exotic Vegetation Eradication & Maintenance Plan" designed by Southern Biomes, dated November 1, 2002. The mitigation plantings shall be completed, inspected and approved prior to preliminary acceptance of the subdivision or the first certificate of occupancy, whichever comes first. A Gopher tortoise (GT) relocation/management plan shall be submitted for review and approval at the time of the next development order submittal. 7.4 TRANSPORTATION The development of this PUD shall be subject to and governed by the following conditions: All traffic control devices and design criterion used shall be in accordance' with the minimum standards as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Collier County Transportation staff reserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. Bo All traffic speed limit postings shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT) - Speed Zoning Manual, as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Collier County Transportation staff reserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. Co Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy (CO). Do External and internal improvements determined by Collier County Transportation staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. All such improvements shall be in place prior to the issuance of the first Certificate of Occupancy (CO). E. Road Impact Fees will be paid in accordance with Collier County Orc':n~-;-~ """'_ 13, as amended, and will be paid at the time building permits are tsue~~r~ otherwise approved by the Collier County Board of Commissioners. / ~ t 23 / MAY 2 7 2003 Go Ho Ko 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. Collier County Transportation staff 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. These include, but are not limited to, safety concerns, operational circulation issues, roadway capacity problems, etc. 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 staffs 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. Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither wi!! 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). The development shall be designed to promote the safe travel of all users including pedestrians and bicyclists. Pedestrian and bicycle travel ways shall be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County Transportation staff. The developer(s), its successor(s) in title, or assignee(s), will be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), when determined warranted and approved by Collier County Transportation staff. When warranted, upon the completion of the installation, inspection, bum-in period, and final approval/acceptance of any and all traffic signal(s), said traffic signal(s) shall be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developer(s)/property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage/impact. 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) 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 mm lane improvement(s), whether left mm lane(s) and/or right turn lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way (when applicable), shall be provided in conjunction with said improvement(s), as determined by Collier County Transportation staff. The subject development turn lane improvements shall be as follows: ~"~Q~ MAY 2 7 2003 24 ~gd! ~ G:\Current~ReischlkPUDLR&TkPUD vets 5-7-03.doc On the north approach a separate right turn lane for the southbound to westbound traffic movement shall be provided. On the south approach a separate left turn lane for the northbound to westbound traffic movement shall be provided. On the west approach a separate right turn lane for the southbound traffic movement and dual purpose left turn/through lane for the northbound/eastbound traffic movement shall be provided. All turn lane design criterion used shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT) - Design Standards, as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Collier County Transportation staffreserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. L0 All work within Collier County right-of-way shall meet the requirements of Collier County Ordinance No. 93-64. Collier County Transportation staff reserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. All internal access(es), 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). Joint/shared access(es) may be required by Collier County Transportation staff, as a condition of Site Development Plan (SDP) approval. Oo Frontage, midpoint and/or reverse frontage (backside) interconnection(s) may be required by Collier County Transportation staff, as a condition of Site Development Plan (SDP) approval. Po Prior to development of any and all portion(s) of any and all development(s), Site Development Plan (SDP) approval shall be obtained/received from Collier County Transportation staff. Qo If a gate is proposed at any and/or all development entrance(s) they shall be designed so as not to cause vehicles to be backed up onto any and all adjacent roadways. To ensure this the following shall be the minimum requirements provided relevant to s&me: The minimum throat depth from the nearest intersecting roadway edge of pavement shall be no less than 100 feet to the key pad/phone box for the proposed gate(s). ~ G:\Curmnt~Reischl'~PUD'~R&'IhPUD vets 5-7-03.doc 25~ · A turn around area of sufficient width and inside turning radii shall be provided between the aforementioned key pad/phone box and the proposed gate(s). Collier County Transportation staff reserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. 7.5 UTILITY REQUIREMENTS A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable county roles and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County ~n accordance with the County's established rates. Should the County not be in a position to provide sewer services to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off- site sever facilities are available to serve the project. 7.6 7.7 ENGINEERING REQUIREMENTS A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. A copy of the SFWMD Surface Water Management Permit must be received by the Development Services staff prior to any construction drawing approvals. C. Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to define the right-of-way and tracts shown on the PUD Master Plan. D. The developer and all subsequent owners of this project shall be required to satisfy the requirements of all County Ordinances or Codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to preliminary sub,qvision plat, site development plan and any other applications that will result in the issuance of a final development order. WATER MANAGEMENT REQUIREMENTS A. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from :.-~: r:~'' ~" , abutting property lines, with side, rear or abutting property lines fence, . MAY 2 7 2003 26 G:\Current\ReischBPUDXR&T~PUD vets 5-7-03.doc Landscaping may be placed within the water management area in accordance with the criteria established within Section 2.4.7.3 of the LDC. The wet season water table elevation shall be established at the time of SFWMD permitting, which is required for the subject property. A drainage easement along the eastern most side of the FPL easement shall be dedicated to Collier County at the time of final subdivision plat approval pursuant to FPL approval and is depicted on the PUD Master Plan. The applicant shall coordinate this requirement with the Collier County Stormwater Management Section Staff. No certificate of occupancy shall be issued until this easement is properly recorded. Bo Fo At the time of construction plan review, adequate documentation justifying the proposed enclosure of the ditch on the west side of the FPL Easement shall be provided. Collier County Stormwater Management Section will review and approval the stormwater management system and the project must obtain a surface water management permit from the South Florida Water Management District. The petitioner will work with Sterling Oaks to except their stormwater discharge pursuant to a modification of their plan and permit by Sterling Oaks should the need arise. 7.8 WORK FORCE HOUSING The developer shall provide four (4) work force affordable housing units on Target or Non-Target Use Area "A" or "B" in a mixed-use structure depicted on the PUD Master Plan, Exhibit "A". Both one and two bedroom units are permitted. The work force affordable housing units shall be required to be rented or sold to households with incomes not to exceed sixty (60) percent of the median household income for Collier County. Rents charged for each unit may not exceed the HUD sixty (60) percent rent limit including utilities. Bo The PUD Monitoring Report shall document that the incomes of the_occupants of each work force housing unit will be less than_the maximum household income of sixty (60) percent of the median household income for Collier County. Do Work force housing units are required to be constructed when certificates of occupancy are issued for no more than 70 percent of the 12.45 developable acres. G:\Current',ReischlXPUDXR&T~PUD vers 5-7-03doc The total number of work force housing units will not exceed twelve (12) dwelling units and shall be provided for on Target or Non-Target Use Areas "A" or "! ".4~_:~,A., __ .,__ 27 MAY 2 7 2003 The actual number of dwelling units to be provided will be based on the underlying size of the gross leasable floor area of the fu'st floor. This floor area shall constitute the amount of leasable residential area to be provided. The residential area may be developed into either efficiencies, one (1) or two (2) bedroom units. 28 MAY 2 ? 2003 G:\Current~ReischlLPUDLR&T~PUD vets 5-7-03.doc tk EXECUTIVE SUMMARY PETITION: PUDA-2002-AR-3245, RICHARD D. YOVANOVICH OF GOODLETTE, COLEMAN & JOHNSON, P. A., REPRESENTING THE BAY FOREST HOMEOWNER'S ASSOCIATION, REQUESTING AN AMENDMENT TO THE "THE BAY FOREST" PLANNED UNIT DEVELOPMENT (PUD), TO PERMIT A REAL ESTATE SALES OFFICE AS A PERMANENT USE AND LIMITED TO THE RESALE OF RESIDENTIAL UNITS WITHIN THE BAY FOREST PUD FOR PROPERTY LOCATED ON THE WEST SIDE OF VANDERBILT DRIVE (CR-901) AND SOUTH OF AUDUBON BOULEVARD IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To amend the Bay Forest Planned Unit Development (PUD) Ordinance Number 81-7, as amended by Ordinance Number 88-91 to permit a real estate sales office as a permanent use and limited to the resale of residential units within the project and to ensure that the change is consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The Bay Forest PUD is approved for a maximum of 697 residential dwelling units and developed with approximately 632 units to date. The proposed amendment as noted above will not change the currently approved PUD Master Plan or the number of approved dwelling units allowed. The requested amendment to the Bay Forest PUD is intended to revise Sections .04 and. 14 (C) of the PUD document to allow the temporary sales office to be a permanent use allowing for the resale of residential units within the Bay Forest PUD. The sales office will be limited to the resale of residential units only within the project. FISCAL IMPACT: Since this petition is initiated as an amendment to allow the continued use of an existing sales facility, this petition will not change the previously determined fiscal impact on the County. Since no new sales facility is proposed at this time, no additional impact fees are required. PUDA-02--AR-3245ex2.ctoc 1 MAY 2 7 20i]3 GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict), as identif'~ed on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits residential development (variety of trait types) at a base density of 4 dwelling units per acre and a maximum of 16 dwelling units per acre, subject to the Density Rating System provisions. This district is intended to accommodate a variety of residential and non-residential uses, including mixed-use developments such as Planned Unit Developments. The PUD was approved in 1988, for 697 dwelling units or 5.6 units per acre. Review of the Density Rating System deems this project is eligible for a base density of 4 DU/A and no density bonuses are applicable. The project is also located within a Traffic Congestion Area, as depicted on the Future Land Use Map and described in the FLUE, so is subject to a 1 DU/A reduction from the base density of 4 DU/A and is not eligible for any density bonuses. Therefore, this project is limited to a maximum density of 3 DU/A. As a result, the density of 5.6 dwelling units per acre is deemed not consistent with the Future Land Use Element. However, review of FLUE Policy 5.1 provides property zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series a properties Consistent by Policy (Bay Forest PUD is such a property'). Based upon the above analysis, staff concludes the p~oposed PUD amendments can be deemed consistent with the Future Land Use Element. ENVIRONMENTAL ISSUES: Because this PUD amendment only allows for the continued use of a sales facility, within Bay Forest and is not impacting any environmentally sensitive lands, the petitioner is not required to submit an updated Environmental Impact Statement (ELS). As a result, the Environmental Review staff has recommended approval as submitted. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Because no ElS was required since the project is developed, this petition was not required to go to the Environmental Advisory Council (EAC). COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on May 1, 2003. By a 7 to 0 vote, the CCPC forwarded Petition PUDA-02-AR-3245 to the Board of County Commissioners (BCC) with a recommendation of approval. The Planning Commissioners found this petition to be consistent with the GMP and is c, mpatible with the surrounding development. It should be noted that approximately 15 persons from Bay Forest attended the meeting in support of the petition during the public hearing. As a result, this petition has been placed on the Summary Agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDA-02-AR-3245 as otherwise described Ordinance and PUD Document included in this Executive Summary. PUDA-02-AR-3245ex2.doc th~ ' < MAY 2 7 21XB PREPARED BY: iL~Y ~ELLOWS, CHIEF PLANNER CURRENT PLANNING SECTION 5.z.o3 DATE RE~ED BY: - SUSAN MURt~Y, AICP, MANAGER CURR~NT PLANNING SECTIO~ ,, ' /7/ MARGARET W/qERSTLE, A'i~'P, DIRECTOR PLANNING SERVICES DEPARTMENT DATE DATE APPROVED BY: /" jO~pH ~:'. S,G~ITT A-DIv~ISTRATOR t'O/MMUNITY DEV. AND ENVIRONMENTAL SVCS. EX SUMMARY/RVB/rb ?UDA-02-AR-3245ex2.doc 3 MAY Z ? ZOO3 MEMORANDUM TO: FROM: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: RE: APRIL 8, 2003 PETITION NO: PUDA-02-AR-3245, BAY FOREST PUD AGENT/APPLICANT: Agent: Richard D. Yovanovich Owner: Goodlette, Coleman & Johnson, P. A. 4001 North Tamiami Trail Naples, Florida 34013 Bay Forest Homeowner's Association 377 Bay Forest Drive Naples, Florida 34110 GEOGRAPHIC LOCATION:, The subject PUD is located on the west side of Vanderbilt Drive (CR-901) and south of Audubon Boulevard in Section 8, Township 48 South, Range 25 East. (See illustration on following page) REQUESTED ACTION: Thc petitioner is requesting to amend The Bay Forest Plarmcd Unit Development (PUD) Ordinance Number 81-7, as amended by $8-91 to permit a real estate sales office as a permanent usc and limited to the resale of residential units within the project. PURPOSE/DESCRIPTION OF PROJECT: The Bay Forest PUD is approved for a maximum of 697 residential dwelling units and developed with approximately 632 units to date. The proposed amendment as noted above will not change the currently approved PUD Master Plan or the number of approved dwelling units allowed. The requested amendment to the Bay Forest PUD is intended to revise Sections .04 and .14 of the PUD document to allow the temporary sales office to be a permanent use allowing for the resale of residential units within the Bay Forest PUD. The sales office will be limited to the resale of residential units only within the projer [ AR-3245, The Bay Forest PUD 1 MAY 2 7 200:3 MAY Z ? 21103 SURROUNDING LAND USE AND ZONING: Existing Conditions: As depicted on the aerial below, thc subject PUD is developed with a mix of residential dwelling types and is zoned the Bay Forest PUD. Surrounding- North: East: South: West: Water management areas of the Audubon Country Club. Vanderbilt Drive and the developed residential areas of the Audubon Country Club. Developed residential and zoned Waterglades PUD Preserve areas of the Audubon Country Club. AR-3245, The Bay Forest PUD I A¥ 2 7 200 GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits residential development (variety of unit types) at a base density of 4 dwelling units per acre and a maximum of 16 dwelling units per acre, subject to the Density Rating System provisions. This district is intended to accommodate a variety of residential and non-residential uses, including mixed-use developments such as Planned Unit Developments. Future Land Use Element: The PUD was approved in 1988, for 697 dwelling units or 5.6 units per acre. Review of the Density Rating System deems this project is eligible for a base density of 4 DU/A and no density bonuses are applicable. The project is also located within a Traffic Congestion Area, as depicted on the Future Land Use Map and described in the FLUE, so is subject to a 1 DU/A reduction from the base density of 4 DU/A and is not eligible for any density bonuses. Therefore, this project is limited to a maximum density of 3 DU/A. As a result, the density of 5.6 dwelling units per acre is deemed not consistent with the Future Land Use Element. However, review of FLUE Policy 5.1 provides property zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series a properties Consistent by Policy (Bay Forest PUD is such a property).' Based upon the above analysis, staff concludes the proposed PUD amendments can be deemed consistent with the Future Land Use Element. Transportation Element - Because this petition will not increase the maximum number or dwelling units over the amount that can currently be developed, the project will not increase the site-generated trips. Based on staff's analysis, the project trips will not lower the level of service below the roads adopted level of service "D" standard. As a result, this petition is consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the Transportation Element. 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. AR-3245, The Bay Forest PUD AOF~A ITEld MAY 2 7 2IX13 ENVIRONMENTAL TRANSPORTATION & INFRASTRUCTURE: This petition was referred to thc above referenced County agencies for their review and comment. Since no additional acreage or square footage has been added to the PUD, no level of service (LOS) standard will be adversely affected by this amendment. As a result, these agencies have recommended approval. Furthermore, an Environmental Impact Statement (EIS) was not required since the subject site is mostly developed and doesn't impact any wetlands. Therefore, this petition was not required to go to the Environmental Advisory Council (EAC) and thc Environmental Services staff has recommended approval of this amendment as submitted. EVALUATION: A comprehensive evaluation of this land use petition was completed based on the listed criteria that are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, with staff recommendation based on that overview. The Planning Commission to the BCC shall use the listed criteria as the basis for a recommendation of approval or denial. The evaluation by professional staff include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit "B"). This petition is only to amend Sections .04 & .14 (C) of the Bay Forest PUD as noted below: , Accessory uses and structures which are customary in multi-family neighborhoods; administrative and sales offices which may be within recreational structures; signs as permitted by Section 8.31 of the Land Development Code. Any sales office shall be limited to the resale or residential units within the project and no sales of any kind for property outside of the project shall be permitted. · Eliminate the reference to the project sell offperiod. Relationship to Future Land Uses; This item refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan. The_ proposed amendment only allows the continued of a sales office for the resale of units with ~ Therefore, staff is of the opinion that the subject petition is consistent with thc Collier County GMP and is therefore compatible with other approved land uses in the area. Relationship to Existing Land Uses: The proposed amendment does not change the boundaries of the currently approved PUD. The mostly developed residential PUD abuts residential neighborhoods to the north and south are zoned PUD. To the north is the water management area of the Audubon Country Club. To the east are Vanderbilt Drive and the developed residential areas of the Audubon Country Club. To the south is the developed 3,,1~ t"~ ~ ~ residential and zoned Waterglades PUD. Lastly, the preserve areas of the Ac Club are to the west. AR-3245, The Bay Forest PUD NAY 2 7 2003 S__TAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forwards a recommendation of approval of Petition PUDA-02-3245. PREPA~ ~ELLO V~ S, CHIEF PLANNER CURRENT PLANNING SECTION REVIEWED BY: ,SUSAN MURRAY, AICP, MANAGEI~ T PLANNING SECTION PLANNING St~VICES DI~PARfMENT APPROVED BY: Staff Report for May 1, 2003 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: ,~- %03 DATE DATE DATE KENNETH L. ABERNATHY, CHAIRMAN RVB/rb/STAFF REPORT/AR-3245 MAY 2 ? 2003 REZONE FINDINGS PETITION PUDA-02-AR-3245 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 amendment allowing for a sales office within Bay Forest is in compliance with the FLUE of the GMP. e The existing land use pattern; The adjacent uses include residential to the north, south and east while preserve areas are to the west. The possible creation of an isolated district unrelated to adjacent and nearby districts; This residential PUD is of sufficient size and the proposed amendment will not change the previous consistency findings with the Future Land Use Element of the GMP. Therefore this petition will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with existing land uses by virtue of its consistency with the GMP. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The proposed amendment will not change these boundaries. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed PUD Amendment is appropriate based on the need to provide a facility where the management and administration of land sales within the Bay Forest ',ect can be conducted. ~1~._] "7 - AR-3245, The Bay Forest PUD EXHIBIT "A" Whether the proposed change will adversely influence living conditions in the neighborhood; The proposed PUD Amendment will not adversely influence living conditions to the adjacent neighborhoods because the currently approved PUD allows for temporary sales office while the development standards that have been approved will ensure that the sales office will not adversely impact the community. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed amendment will not impact any traffic condition associated with the developed Bay Forest PUD. 8. Whether the proposed change will create a drainage problem; The sales office will not adversely impact the water management system. 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. Whether the proposed change will seriously reduce light and air to adjacent areas; The Bay Forest PUD is subject to the development standards that apply generally and equally to all zoning districts concerning the need to provide the required open space. The proposed amendment to this PUD will not change the approved development standards that were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property, values in the adjacent area; AR-3245, The Bay Forest PUD 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 alues_ prop~,-tv MAY 2 7 2003 11. 12. 13. 14. 15. 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. Staff has not received any information that would indicate that the proposed amendment would adversely impact property values. 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. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed amendment to the Bay Forest PUD complies with the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with said plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons ~vhy the property cannot be used in accordance with existing zoning; The subject property has been developed in accordance with the existing zoning. The proposed amendment is only to allow for a permanent sales office. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The project is designed in a manner that is compatible with surrounding and approved pUD property in size and scale. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. This project has been mostly developed. There are residential zoned sites, which have permanent sales office facilities. 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 criteri: AR-3245, The Bay Forest PUD MAY 2 7 2O03 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. This project is primarily developed. The extent of site alteration for any new sales office will be determined as a function of obtaining a Site Development Plan approval. 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 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 infi'astructure meets with GMP established relationships. REZONE FIN DINGS/AR-3245/RVB/rb AR-3245, The Bay Forest PUD MAY 2 7 21)03 FINDINGS FOR PUD PUDA-02-AR-3245 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 and commercial development continues to be suitable for a residential community. The proposed sales office is suitable for the area. Jurisdictional reviews by County staff support the manner and pattern of development approved and constructed for the subject property. Development conditions contained in the currently approved Bay Forest PUD document give assurance that all infrastructures will be developed and are consistent with County regulationsl Any inadequacies that require supplementing the PUD document will be recommended to the BCC as conditions of approval by staff. 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. 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 fouled consistent with the goals, objectives and policies of the GMP. The subject PUD allows for the existing commercial retail facilities, which is consistent with the GMP (See Staff report). AR-324.5, The Bay Forest PUD Exhibit "B" 10 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 PUD has been developed with a common architectural design and development standards that reflect the existing development within the Bay Forest PUD. In addition, landscaping has been provided to buffer the adjacent residential tracts. The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. J 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. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed PUD amendment will not adversely impact the timing or sequence of development that is currently allowed under the existing PUD zoning. Furthermore, the adopted concurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC ge 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 approved for this PUD depart fi.om development standards that would be required for the most similar conventional zoning district. FINDINGS FORAR-3245/RVB/rb AR-3245, The Bay Forest PUD 11 MAY 7 20O3. PUDZ-.2002-AR-3245 PROJECT #19990155 DATE: 10/21/02 RAY BELLOWS pETiTION NAME:_ DATE: APPLICATION FOR pUBLIC HEARING FOR PUD AMXNDI~'T/DO AlVIKNDlV~NT COMMUNITY DEVELOPlV[ENT DMSION CURRENT PLANNING SERVICES ....... wner's Association Inc. Name of Applicant (s) Bay Forest t-iomeowu~ Applicant's Mailing Ad&ess_ 377 Bay Forest___Drive State_____FL City _Naples Applicant's E-Marl Address: Applicant's Telephone Number:Res: Fax#:_ Is the applicant thc owner of thc subject property? X Yes [] No Zip__34110 Bus.:_ 597-5129 [] (a) x Co) [] (c) [] [] (e) [] (0 If applicant is a land trust, so indicate and name beneficiaries below. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. If applicant is a parmership, limited parmership or other business entity, so indicate and name principals below. If applicant if an owner, indicate exactly as recorded, and list all other ovmers, if ally. If applicant if a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. If applicant is a contract purchaser, at'tach copy of con~ract, and indicate actual owner(s) name and ad&ess below. See anached Exlu'bit "A" (If space is inadequate, attach on separate page.) Name of Agent__ Richard D. Yovanovich ~Firm Ooodlene Coleman & lohnsom P.A. Agents Mailing Address. 4001 North Tamiami Trail Suite 300 City_ Naples State_ FL ~Zip_.~34013 .- Agent's E-Mail Address: Telephone Number~: Res.: Bus._ 435-3535 Fax#: 435-1218 MAY 2 7 2O03 PUD ORDINANCE NAME AND NUMBER: 81-7, as amended by 88-91 DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request revolves change to more than one zoning district, include separate legal description for property involved m each district. If property is odd-shaped, submit five (5) copies of the survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESC~ON, AND ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION TOWNSI-ttP RANGE See attached Extu"oit "B" S. Address or location of subject property 3?? Bay Forest Drive. Naples. FL 34110 6. Does property owner own contiguous proper~7 to the subject property? If so, give complete legal description of entire contiguous properW. (If space is inadequate, attach on separate page). 7. ~Y'PE OF AMENDMENt: X A. PUD Document Language Amendrnent [] B. PUD Master Plan Amendment [] C. Development Order Language Amendment 8. DOES AMENDMENT COM~LY WITH THE COMPREHENSIVE PLAN': X Yes [] No If no, explain: 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAiVtE? Bay Forest Homeowner's Association. Inc. PETITION #: DATE: July 30, 2002 10. HAS ANY PORTION OF THE PUD BEEN [] SOLD and/or [] DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? [] Yes X No IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). AFFIDAVIT We, Ba l:orest Homeowner's Association I...~.!.q~nc. being first duly sworn, depose and say that we are the owners of the property described herein and which is thc subject mar/er of the proposed hearing; that all the answers w the questions in this application, and all skelcbes, data, and other supplementary manet attached to and made a pan of this application, are honest and ~'ue to the best of our knowledge and belief. We understand this application must be completed and accurate before a he.armg can~e_a.d,v..e_r~s.e,~,,ye further perrmt the undersigned to act as our representanve m any mat~ers regaramg N~ATURES OF A/BL OWNERS ARE MANDATORY. .gJGI~ATUKE OF -- ~IGNATURE OF AG'EN'r State of Florida County of Collier County BCC · ne fo.re~o,~ ~,pp:ication wa~ acknowXed~ed before me ~_-~.-~ -- o is personally known t or who has produced As identification and who dj;t-(did not) take an oar. h. - PUD/DO Apphcation 3/2002 NAY 2 7 2003 · .Division of Corporations Page I 0£2 Florida Non Profit BAY FOREST Fi'OMEOWNERS ASSOCIATION, INC. PRINCIPAL ADDRESS 377 BAY FOREST DP,. NAPLES FL 34110 US Changed 04/01/1999 MAILING ADDRESS 377 BAY FOREST DR. NAPLES FL 34110 US Changed 04/01/1999 Document Number FEI Number Date Filed 760068 363225220 09/I 5/1981 State Status Effective Date FL ACTYv'E NONE Last Event Event Date Filed Event Effective Date AMENDMENT 08/05/1991 NONE Registered Agent Name & Address KRAUS, CHERYL 1072 GOODLOTI'E ROAD, NORTH NAPLES FL 34102 Name Changed: 05/23/1994 Address Char, ged: 04/01/1999 J ! Officer/Director Detail Name & Address l Title I CARLSON, JAMES M 15260 CEDARWOOD LANE #A201 P NAPLES~I. 34110 CRAWFORD, BYRD [J ST 5095 ROYAL FEI~N COURT #P-200 MAY 2 ? 2003 8/18/02 EXHIBIT "A" h~p :#v~zw.sunbiz.org/scdpt~/¢ordet exe?a 1 =DETFIL&n 1 =760068&n2=NAMF~&n3=00... Division of Corporafion~ NAPLES FL 34110 15502 CEDARWOOD LANE NAPLES FL 34110 154'/0 CEDARWOOD LA.NE #103 NA~PLES FL 34110 35~ BAY FOI~-~T D~ NAPLES Fl. 34110 Page 2 of 2 Annual Reports ~ View Events No Nam~History InTormation View Document Image(s) - THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT MAY 2 ? 2003 http//www sunbiz org/scripts/cordet exegal=DETFIL&nl=760068&n'2=NAMFWD&n3=00''' 8/18/02 LEGAL DESCRIPTION: The South-half(S 1/2) of the Northeast quarter (NE 1/4) of Section 8, Township 48 South, Range 25 East, LESS the east 50 feet thereof; together with a strip of land fifty (50) feet in width running along the South line of Government lot #2 of said Section 8 extending westerly from the Southeast comer of said Government Lot #2 to the westernmost channel, at a point of intersection 64A on a boundary line as described in Agreement dated July 14, 1960, between Beverly Investment Co. and Curlew Corporation and Scepter Corporation as recorded in the Public Records of Collier County in O.R. Book 68, Page 235; together with an easement for roadway to the Grantees and their successors in title, all abutting owners and to the public, over a strip of land sixty (60) feet in width lying thirty (30) feet on each side of the line common to the North-half(N1/2) of the Northeast quarter (NE 1/4) and the South-half(S 1/2) of the Northeast quarter (NE 1/4) of said Section 8 extending from the East boundary line of said Section westerly to the Southeast comer of the North-half (N1/2) of the Northeast quarter (NE1/4) of said section. The North-half (N1/2) of the North-half (N1/2) of the Southeast quarter (SE1/4) of Section 8, Township 48 South, Range 25 East, LESS the east 50 feet thereof. F:'~DATA\WPDATA~LITIGATEXB ay Forest~PUD.wpcl EXHIBIT "B" I AY 2 7 2O03 ,,. ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE NUMBER 8l-?. AS AMENDED, THE BAY FOREST PUD, BY PROVIDING FOR: SECTION ONE AMENDMENTS TO SECTION .04, PERMITTED ACCESSORY USES AND STRUCTURES AND SECTION .14C, PERMITTED USES FOR LOTS 1, 2, 14, 15, 16, 17 AND 18, AND SECTION TWO PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 24, 1981, the Board of County Commissioners approved Ordinance Number 81-7, which established the Bay Forest Planned Unit Development; and Whereas. on November 22, 1988. the Board of County Commissioners of Collier County. Florida, approved Ordinance Number 88-91. which amended Ordinance 81-7: NOW. THEREFORE. BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: AMENDMENTS TO PERMITTED ACCESSORY USES AND STRUCTURES SECTION OF THE BAY FOREST PUD Subsection .04. Permitted Accessory Uses and Structures and Subsection .14 Permitted uses Jr'or Lots I. 2. 14. 15. 16. 17 and 18, of Ordinance Number 8I-7. as amended, the Ba? Forest PUD are hereby amended to read as follows: .04 PERMITTED ACCESSORY USES AND SIRUCTURES Accessory uses and structures which are customa~ in multi-fanfily neighborhoods: administrative and sales offices during a.~ ~rcj:ct o~u ....... ;^'~ which offices ma.',: ............ or may be tempora.~' uses within pc--'manent ............ or recreational structures; signs as permitted by Section 2._~5 8.2! of the Collier County Zoning Ord;.n~nce Land Development Code. Any sales office shall be limited to the resale of residential units within the proiect and no sales of an,/kind for properW outside of the proiect shall be permitted. .14 C. Recreational facilities including swimming pools, tennis courts, boat docks and similar kinds of leisure activities, maintenance facilities, storage facilities for residents only. sales offices during a. .... ; .... n ~cc p~.;~a and other kinds of accessory uses typically associated with single and multi-family dwelling units. Word~ ~:'. =ok :~::::g~ are deleted; words und¢rlined are added. nOF. J~$, rr~ MAY 2 ? 2003 SECTION TWO:. EFFECTIVE DATE This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TONI HENND,,'G, CHAIIC¥IAN Approved as to Form and Legal Sufficiency: Marjori~ M. Student - Assistant County Attorney g'adml~/Pemion/PUDZ-2(~2-KR 3245 RB,qo fh_~ated m '..,.or~ file~ same pellllon rlunlber Words :t:'::r.k t~ro4~,b~ are deleted; words underlined are added. M ,Y 2 7 EXECUTIVE SUMMARY CU-2002-AR-3142, STEPHEN SPOSATO, AICP, OF AGNOLI, BARBER & BRUNDAGE, INC., REPRESENTING COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, REQUESTING A CONDITIONAL USE FOR A REGIONAL PARK IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT PER SECTION 2.6.9.2. FOR PROPERTY LOCATED OFF THE FUTURE LIVINGSTON PARKWAY, BETWEEN IMMOKALEE ROAD AND VANDERBILT BEACH ROAD, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 212.77~ ACRES. OBJECTIVE: For the Board of Zoning Appeals to approve, with conditions, a Conditional Use pursuant to Section 2.6.9.2, Essential Services, of the Collier County Land Development Code, for a regional park in the Rural Agricultural district. CONSIDERATIONS: The petitioner seeks a Conditional Use for a regional park on parcels currently zoned Agricultural and within the Urban designated Area on the County's adopted Future Land Use Map. A regional Park is listed as an Essential Service that requires a Conditional Use per Section 2.6.9.2 of the Land Development Code. The park is designed to contain active and passive recreational uses, including athletic fields, a water park, a community center, walking and biking trails, and preserves. In addition, the park is also intended for camps, tournaments, concerts and similar events. Regional parks are designated as Conditional Uses in the Land Development Code because of the intensity of use. They are designed to attract users from outside Collier County to some attractions (concerts, water park) and will be used daily for both passive and active events, including athletic tournaments, which will draw visitors from outside the County. Them are two points of ingress/egress from Livingston Road. The Transportation Planning Department has reviewed both of the proposed access points and found that they meet the applicable standards. A~A MAY 2 7 2003 There is very little pedestrian traffic in the area currently, however, the park will generate pedestrian and bicycle traffic from existing and future communities. Sidewalks along Livingston Road will link to pathways within the park. There will be light and sound produced by the proposed facilities and activities in the park. However, the park layout has been designed so that the athletic fields are closest to 1-75 and a preserve buffers the existing residential neighborhood (Wilshire Lakes) from the ball fields. At its narrowest point, the preserve exceeds 100 feet in width. Type "B" landscape buffers are required along the north and south property lines. Naturally vegetated areas may be incorporated into the buffer, but shall be supplemented with landscaping where the existing vegetation does not meet the Code. The petitioner is aware that lighting structures for the park, and particularly for the athletic fields, will generate a large quantity of lumination. The lighting will be directed away from adjacent properties and rights-of-way, but indirect lighting will be seen from neighboring properties. At the Neighborhood Information Meeting, the petitioner stated that they were examining alternative types of lighting, including some new technology, which may control the amount of light on neighboring properties. The Planning Commission incorporated this as a condition of approval. During Site Development Plan review, a lighting plan will be reviewed to control glare to adjacent properties, according to the provisions of the Land Development Code, which regulate lighting. FISCAL IMPACT: The principal fiscal impact to Collier County occurred at the time the property was purchased. In addition, with the subject acreage being developed as a park, the potential residential density and resulting tax base will not be developed. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban Mixed-Use District, Urban Residential Subdistrict) and is located within an Activity Center Residential Density Band (properties within a Density Band may request zoning with a density of up to 16 dwelling units per acre). Relevant to this petition, the Residential designation permits non-residential uses such as parks, open space and recreational uses. MAY 2 7 2003 2. , Based upon the above analysis, staff concludes that the proposed uses for the subject site can be deemed consistent with the Furore Land Use Element of the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area ~f Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. EAC RECOMMENDATION: At its March 5, 2003 meeting, the Environmental Advisory Council recommended approval of the North Naples Regional Park Conditional Use by a unanimous vote. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on May 1, 2003. The Commissioners heard presentations by the petitioner, Staff and a neighbor. The neighbor asked questions that led to additional conditions. She also asked about the possibility of a card-access pedestrian gate between the park and Wilshire Lakes. (The petitioner stated that the Parks & Recreation Department would do further research on the legality of this issue. The research found that there was no legal prohibition of a gate between a gated community and a public park. However, the petitioner is concerned that the gate would allow uncontrolled access to the park during paid events. The Board may consider the addition of a condition requiring a pedestrian gate.) By a vote of 7 to 0, the Planning Commission forwarded the petition to the BZA with a recommendation of approval with conditions. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommended that the Collier County Planning Commission forward Peti ion CU-2002- AR-3142 to the Board of Zoning Appeals with a recommendation of approval with the following conditions: MAY 27 2003 1. Traffic signage and pavement markings as well as roadway design shall be implemented in accordance with Standards and Speed Zoning requisites adopted by the State in accordance with State Statute. 2. Speed limits on internal roads may be designated lower than the "design speed" of the roadway in order to promote pedestrian safety. 3. A South Florida Water Management District Environmental Resource or Surface Water Management Permit, as applicable, shall be obtained prior to the commencement of construction on the site. 4. This site is required to preserve a minimum of 46.58 acres of native vegetation. 5. The Planning Services Director may approve minor changes to the Conceptual Master Plan (Exhibit "C'). 6. Lighting shall be directed away from rights-of-way and neighboring properties and shall incorporate methods to reduce glare. 7. Loudspeakers used during sporting events shall be directed at specific seating areas in order to minimize sound heard from neighboring properties. 8. Regular park hours are 8:00 AM until 10:00 PM. 4 PREPARED BY: pRInCIPAL PLANNER DATE REVIEWED BY: MURRAY, AICP CURRENT PLANNING MANAGER MARGAPhEr WUERSTLE, AICP PLANNI'N~ SERVICES DIRECTOR 5 '(, o3 DATE DATE APPROVED BY: DATE" EOMMUNITY DEVELOPMENT 8,: ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/CU-2002-AR-2476 MA¥ 2 7 200~ · AGENDA ITEM 8-D MEMORANDUM TO: FROM: DATE: SUBJECT: COLLIER cOUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION APRIL 9, 2003 CU-2002-AR-3142 PROPERTY OWNER/AGENT: OWNER: Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112-3969 AGENTS: Stephen Sposato, AICP Agnoli, Barber and Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 Frank Bellomo Bellomo Herbert and Company, Inc. 100 East Pine Street, Suite 204 Orlando, FL 32801 REQUESTED ACTION: The petitioner requests a conditional use pursuant to Section 2.6.9.2., Essential Services, of the Collier County Land Development Code in the Rural Agricultural district, for a regional park. LOCATION: The subject parcel is located east of the right-of-way for Livingston Road, approximately one-half mile south of Immokalee Road and bordering Interstate-75 to the east Th~..qite consists of approximately 212-77 acres' ~% MAY 27 21103 o A~%~)~ NO£SE)NIAI~ O=lSOdO~td DESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use for a regional park on parcels currently zoned Agricultural and within the Urban designated Area on the County's adopted Future Land Use Map. A regional Park is listed as an Essential Service that requires a Conditional Use per Section 2.6.9.2 of the Land Development Code. The park is designed to contain active and passive recreational uses, including athletic fields, a water park, a community center, walking and biking trails, and preserves. In addition, the park is also intended for camps, tournaments, concerts and similar events.- (See proposed site plan between pages I and 2 of this report.) Regional parks are designated as Conditional Uses in the l_and Development Code because of the intensity of use. They are designed to attract users from outside Collier County to some attractions (concerts, water park) and will be used daily for both passive and active events, including athletic tournaments, which will draw visitors from outside the County. SURROUNDING LAND USE & ZONING: SUBJECT: Undeveloped land; zoned A SURROUNDING: North: East: South: West: Undeveloped land; zoned A and PUD (Livingston Lakes PUD and Donovan Center PUD) Interstate-75 ROW Residential subdivision and undeveloped land; zoned PUD (Wilshire Lakes PUD) and A Livingston Road ROW, across which is the Tiburon golf course; zoned PUD (Pelican Marsh PUD) MAY 2 7 2003 GROWTH MANAGEMENT PLAN CONSISTENCY: Thc subject property is designated Urban (Urban Mixed-Use District, Urban Residential Subdistrict) and is located within an Activity Center Residential Density Band (properties within a Density Band may request zoning with a density of up to 16 dwelling units per acre). Relevant to this petition, the Residential designation permits non-residential uses such as parks, open space and recreational uses. Based upon the above analysis, staff concludcs that the proposed uses for the subject site' can be deemed consistent with the Future Land Use Element of the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability, as referenced on thc official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: Thc proposed impact of a regional park on transportation, infrastructure, and thc environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. STAFF ANALYSIS: Before any Conditional Use shall be recommended to the Board of Zoning Appeals, the Planning Commission shall make a finding that the granting of thc Conditional Use will not adversely affect the public interest and that thc specific requirements governing thc individual Conditional Use, if any, have been met by the Petitioner and that satisfactory provision and arrangement have been made concerning the following matters, where ap~licable: Consistency with the Land Development Code and the Growth Management Plan. A consistency analysis was performed by the Comprehensive Planning Planning Services and the finding was made that the proposed park may 3 consistent with the Future Land Use Element of the Growth Management Plan. In addition, the Environmental Services Department analyzed the petition for consistency with the Conservation and Coastal Management Element of the Growth Management Plan and recommended approval to the Environmental Advisory Council. Consistency with the Land Development Code will be determined at the time of Site Development Plan review. Ingress and egress to the 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. There are two points of ingress/egress from Livingston Road. The Transportation Planning Department has reviewed both of the proposed access points and found that they meet the applicable standards. There is very little pedestrian traffic in the area currently, however, the park will generate pedestrian and bicycle traffic from existing and future communities. Sidewalks along Livingston Road will link to pathways within the park. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. There will be light and sound produced by the proposed facilities and activities in the park. However, the park layout has been designed so that the athletic fields are closest to 1-75 and a preserve buffers the existing residential neighborhood (Wilshire Lakes) from the ball fields. At its narrowest point, the preserve exceeds 100 feet in width. Type "B" landscape buffers are required along the north and south property lines. Naturally vegetated areas may be incorporated into the buffer, but shall be supplemented with landscaping where the existing vegetation does not meet the Code. The petitioner is aware that lighting for the park, and particularly for the athletic fields, will generate a large quantity of light. The lighting will be directed away fi.om adjacent properties and rights-of-way, but indirect lighting will be seen fi.om neighborin, properties. At the Neighborhood Information Meeting, the petitioner stated that they were examining alternative types of lighting, including some new technology, which may control the amount of light on neighboring properties. During Site Development Plan review, a lighting plan will be reviewed to control glare to adjacent properties, according to the provisions of the Land Development Code which regulate lighting. 4 MAY 2 7 2003 Compatibility with adjacent properties and other property in the district. A regional park requires Conditional Use approval because of the traffic, lighting and noise generated. The proposed layout buffers the existing residential neighborhood from the athletic fields with a preserve and will be designed to reduce glare. In addition, a park ~nay be considered an amenity to the surrounding residential neighborhoods. Therefore, it is staff's opinion that this Conditional Use request is compatible with adjacent properties. EAC RECOMMENDATION: At its March 5, 2003 meeting, the Environmental Advisory Council recommended approval of the North Naples Regional Park Conditional Use by a unanimous vote. (The EAC Staff Report is attached.) PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CU- 2002-AR-3142 to the Board of Zoning Appeals with a recommendation of approval with the following conditions: 1. Traffic signage and pavement markings as well as roadway design are to be implemented in accordance with Standards and Speed Zoning requisites adopted by the State in accordance with State Statute. It is the responsibility and liability of the Engineer of Record to comply with same. 2. Speed limits on internal roads may be designated lower than the "design speed" of the roadway. 3. A South Florida Water Management District Environmental Resource or Surface Water Management Permit, as applicable, shall be obtained prior to the commencement of construction on the site. 4. This site is required to preserve a minimum of 46.58 acres of native vegetation. PREPARED BY: F~ISCHL, AICP-- PRINCIPAL PLANNER DATE REVIEWED BY: DATE DATE APPROVED BY: J D~TI~ & ENVIRONMENTAL SERVICES ADMINISTRATOR ~tion Number: CU-2002-AR-3142 Collier County Planning Commission: 6 MAY 2 7 ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MARCH St 2003 Item V.B. II. NAME OF PETITIONERfPROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Conditional Use Petition No. CU-2002- AR-3142 North Naples Regional Park Board of Collier County Commissioners Agnoli, Barber and Brundage, Inc. Turrell & Associates, Inc. LOCATION: The subject property is an undeveloped 212.77 acre parcel which lies west of Interstate 75 and east of future Livingston Road. It is within Section 30 Township 48 Range 26 East, Collier County, Florida and is approximately half a mile south of Immokalee Road. Access to the project site will be from Livingston Road. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include a mixture of developed and undeveloped properties with the following zoning classifications. ZONING DESCRIPTION N - PUD (Livingston Lakes and Donovan) Undeveloped Agriculture Undeveloped S - PUD (Wilshire Lakes) Mostly Developed Agriculture Undeveloped E - R.O.W. Interstate 75 W - R.O.W. Future Livingston Road MAY 2 7 2003 EAC Meeting Page 2 of 8 IV. Ve PROJECT DESCRIPTION: Section 2.6.9.2 of the Land Development Code requires a Conditional Use for a Regional Park. Collier County proposes sports venues (baseball, softball, and soccer), a water park, indoor/outdoor play areas, a community center (including offices, child care, and gymnasium), nature trails, and accessory uses customarily associated with a park. The park is proposed to be the site of events, camps, tournaments and festivals similar to those at existing County Parks. The design consists of interconnected lakes and wetlands that provide water quality retention and detention for the first flush of runoff and peak flow attenuation after the first flush. The onsite wetland is ringed by a perimeter containment berm with a sidewalk along the top of the berm. Existing vegetated areas will be maintained on both sides of the site to act as flowways for possible offsite flows from the north. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Mixed-Use District, Urban Residential Subdistrict) and is located within an Activity Center Residential Density Band. Relevant to this petition, the Residential designation permits non- residential uses such as parks, open space and recreational uses. Based upon the above analysis, staff concludes the proposed uses for the subject site can be deemed consistent with the Future Land Use Element. Conservation & Coastal Management Element. Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it al mimic or enhance the quality and quantity of water leaving the site b ;emots [9 MAY 2 7 2003 EAC Meeting Page 3 of 8 lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. The proposed project is consistent with Policy 6.1.1 for the following reasons: 1. Greater than 25 % of the existing native vegetation is being retained on-site and set aside as preserve areas. 2. A preliminary restoration plan for the preserve areas is included in the- environmental impact statement. This plan will be finalized at the time of Site Development Plan approval. 3. Connectivity of on-site preserve areas to adjoining preserve areas is being maintained. 4. Impacts to preserve areas from clearing and filling for trails and boardwalks will not impact the minimum native vegetation requirement. 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 approval. The requirement for an Environmental Impact Statement 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 at the time of Site Development 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 Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. In accordance with Policy 6.2.6, required preservation areas shall be required to be identified at the time of Site Development Plan approval. Allowable uses within preserve areas will be reviewed for consistency with each development order submittal. A wildlife survey for listed species was conducted for the project and. included in the Environmental Impact Statement (EIS). In accordance with policy 7.1.2, wildlife habitat management plans will be required at the time of Site Development Plan approval. Copies of the wildlife and species specific red cockaded woodpecker survey have been forwarded to the U.S. Fish and Wildlife Service (USFWS) for review and comment. I A¥ 2 7 2003 EAC Meeting Page 4 of 8 VIi MAJOR ISSUES: Stormwater Management: The site is located within the Airport Road Canal North Basin. There are no County stormwater maintenance facilities in the vicinity of the project. Environmental: Site Description: The subject property is vegetated with a mixture of wetland and upland habitats. Vegetative communities on site include hydric pine flatwoods, hydric cypress and pine flatwoods, mesic pine flatwoods, hydric pine flatwoods, palmetto prairie and cypress, all with varying degrees of Melaleuca invasion. Seasonal high water elevations were determined by using several different indicators including high water marks, sediment lines, lichen and moss lines and adventitious roots at three separate sites throughout the subject property. The levels were found to average between elevations 12.50' and 12.86' (both NGVD). This translates to an approximate high water level of 4" above average natural ground height. Three soil types occur on the subject property as mapped by the Natural Resources Conservation Service (NRCS). They are Hallandale Fine Sand (Unit 11), Boca Fine Sand (Unit 21) and Pineda Fine Sand, Limestone Substratum (Unit 14). One of the soil types found on site, Pineda Fine Sand, Limestone Substratum (Unit 14) is listed as a hydric soil by the NRCS. A map showing the locations of the soils on site, along with descriptions of each soils type are included as attachments in the environmental impact statement (EIS). Wetlands: Jurisdictional wetlands total 75.5 percent (160.59 acres) of the 212.77 acre project site. These consist of 73.1 acres of cypress/pine, 58.2 acres of hydric pipe flatwoods, 2.83 acres of cypress, and 26.46 acres of dense monoculture Melaleuca (greater than 75 percent). A brief summary of the major flora within these wetland areas is found in exhibit five of the ElS. Approximately 88.78 acres (55.3 percent) of the on-site wetlands impacted through the proposed development of the property, x; secondarily impacted by the creation of the bike trail and separation from! wetlands (8.65 acres) as well as the remaining 44.7 percent of the wetlan¢ EAC Meeting Page 5 of 8 acres) will be enhanced through removal of the exotic vegetation (mainly Melaleuca) and replanting. Off site mitigation is proposed by the purchase of 23.72 credits from the Panther Island Mitigation Bank for 44.82 acres of wetland impacts. The remaining non-jurisdictional areas total 52.18 acres and consist of palmetto prairie and mesic pine flatwood habitats. The proposed project will impact 34.07 acres or 65% of the total uplands. A brief summary of the major flora within each- of these vegetative communities is found in exhibit five of the EIS. Preservation Requirements: Excluding the 26.46 acres of vegetation impacted with more than 75 percent Melaleuca, the remaining 186.31 acres of the project qualify as viable native vegetation as defined by the Growth Management Plan (GMP). As required by the Collier County GMP Conservation and Coastal Management Element (CCME), this project must retain a minimum of 25 percent or 46.58 acres of viable native vegetation per Policy 6.1.1 of the CCME. The project proposes to preserve 98.57 acres of native vegetation. Listed Species: A wildlife survey of the subject property was conducted at various times from July 2000 through May 2001 using field methodology that met Florida Fish and Wildlife Conservation Commission (FFWCC) guidelines (see Exhibit nine in the EIS). The survey was performed to locate and document any listed wildlife species and habitat that may occur on the project site. No listed wildlife species or signs of were observed on the property. At the request of the FFWCC and U.S. Fish and Wildlife Service (FWS), a species specific red cockaded woodpecker (RCW) survey was conducted due to the history of colonies within the immediate vicinity of the project. The survey was conducted in May 2002 and the results are included in a separate report in Exhibit nine of the EIS (Threatened and Endangered Species Information). No RCW cavity trees were found on the subject property or the adjacent properties that were surveyed. Restoring and enhancing the remaining suitable habitats should encourage re-colonization of RCWs. HAY 2 ? 2 03 \% EAC Meeting Page 6 of $ RECOMMENDATIONS: Staff recommends approval of Conditional Use Petition No. CU-2002-AR-3142 with the following stipulations: Stormwater Management: A South Florida Water Management District Environmental Resource or. Surface Water Management Permit must be obtained prior to the commencement of construction on the site. Environmental: 1. This project is required to preserve 46.58 acres of native vegetation. MAY 2 7 2003 EAC Meeting Page 7 of 8 PREPARED BY: STAN CHRZANOWSKI, P.E. ENGINEER2NG REVIEW MANAGER DATE JULY C. ADARMES MINOR, P.E. ENGINEER, SENIOR DATE LAURA A. ROYS ENVIRONMENTAL SPECIALIST DATE FRED REISCHL, AICP PRINCIPAL PLANNER REVIEWED BY: DATE BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST DATE MAY 2 7 2003 n.. 2__.0 EAC Meeting Page 8 of 8 THOMAS E. KUCK, P.E. ENGINEERING SERVICES DEPARTMENT DIRECTOR DATE WILLIAM D. LORENZ, Jr., P.E. ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR DATE MARGARET WUERSTLE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: JOSEPH K. SCHMITT COMMUNITY DEVELOPMENT ADMINISTRATOR SUSAN MURRAY, AICP CURRENT PLANNING MANAGER ENVIRONMENTAL DATE SERVICES MAY 2 7 2003 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Petition No.: Commission District: Date Petition Received: Planner Assigned: ~ CU-2002-AR-3142 ' PROJECT #2002090038 DATE: 10/1102 FRED REISCHL ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) Collier County Board of County Commissioners Applicant's Mailing Address 3300 Santa Barbara Blvd. City Naples Applicant's Telephone # State FL Zip 34116 353-0404 Fax # Applicant's E-Mail Address: Marlaramsey(&~colliergov.net Name of Agent Stephen Sposato~ AICP Firm Agnoli, Barber & Bmndage Agent's Mailing Address 7400 Tamiami Trail North, Suite 200 City Naples State Agent's Telephone # 597-3111 Agent's E-Mail Address: FL Zip 34108 Fax # 566-2203 Sposato(~abbinc.com COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION F.._~O._~.R _PUBLIC HEARING FOR CONDITIONAL USE -6/24/02 MAY 2 7 2003 Complete the following for all Association(s) affiliated with this petition. sheets if necessary) N/A (Provide additional 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 Disclosure of Interest Information: The fee simple owner is Collier County, which is a political subdivision of the State of Florida. ,.. 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 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -6/24/02 MAY 2 ? 33]3 bo 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 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 do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership 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~vnership Date of Contract: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE- 6/'24/0~2 MAY 2 7 21103 If any individuals or officers, if a corporation, parmership, or trust. N/A contingency clause or contract terms involve additional parties, list all Name and Address ~vr./mos. g. Date subject property acquired ( ) leased ( ):_ Term of lease Please see attached deeds. 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. Detailed ~tion of the roe covered b the a lication: (If space is ~nadequate, 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. Block: Page #: Section: 30 Lot: Plat Book_ Range: 26 E Township: 48 S Subdivision: Property I.D.#:_ See attached descriptions. See a~ns' Metes & Bounds Description: Size of properW:_ _ 2,762+__ft. X 3,355 + ft. = Total Sq. Ft. 9 268 261.2 Acres 5. 212.77 ~ai location of sub~ Located off the future Livingston_ p~k__~.~_~_~g~between Immokalee Road and Vanderbilt Beach Road. _______ - ~~..~ APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -6/24/0_ 2 2003 Adjacent zoning and land use: Zoning N Livingston Lakes PUD/ Donovan Center PUD/ Rural Agricultural (A) S Wilshire Lakes PUD/A E N/A W N/A Land use Undeveloped Residential / Undeveloped Interstate 75 Future Livingston Parkway 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). Applicant owns the ROW of the future Livingston Parkway. Section: 30 Township: Lot: Block: Plat Book Page #: Metes & Bounds Description: 48 Range: 26 Subdivision: Property I.D.#: See attached See attached Type of Conditional Use: This application is requesting conditional use # 2.6.9.2.b of the Rural Agricultural (A) district for cryP£ o~: vs£) Regional Park Present Use of the Property: Undeveloped Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section ..>.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 response t,~, oos, h nf the criterion listed below. Specify how and why the request is consistent w.i.~, ~ (Attach additional pages as may be necessary). i ! MAY 2 ? 2003 APmCAnO ,tJmc .EAamC CO omO A,. tJs .-s 4 2 ! ao Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): A Regional Park is a ermi~ecl use within the Urban Residential Subdistrict. It is also 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: Two points of ingress and egress are proposed on Livingston Parkway to allow for safe and convenient access and flexibili in case of a fire or an emer enc. Within the - ark there is a s stem of sidewalks and boardwalks that allow access to all facilities. ~es~estrian related facilities will I~° °sed al°n Livin ston parkway. In addition there are parkinE fa_cilities located in close proximity to fields an_d facilities. APPLICATION FOR pUBLIC HEARING FOR CONDITIONAL USE _6/24/02 Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: Ma'or activit areas such as the water ark and athletic fields are internalized or are ~. Athletic field~e-e-designed to control glare. A natural al develo ment. The ark will also serve a_s an amenity offering various active and ~sive recreational o ormnit ~ MAY 2 7 2003 do Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: As described in item C, the l~rol~osed l~ark is compatible with adjacent properties and other properties in the area. Please provide any additional information which you may feel is relevant to this request. 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; Sixteen (16) 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 ,.gress (including pedestrian ingress and egress to the site and the structure(s) on site), locations of solid waste (refuse) containers and service function ar( all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], ~r~rrloa ~_~. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -6/24/02 MAY 2 7 2003 ... · 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 the type, character, and dimensions (such as height, area, etc.); An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). d. Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. e. Statement of utility provisions (with all required attachments and sketches); £. 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. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -6/24/02 NAY 2 7 2003 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST NAME OF APPLICANT: MAILING ADDRESS: CITY Naples, FL Collier County Board of County Commissioners 3300 Santa Barbara Blvd. ZIP 34116 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): N/A e LEGAL DESCRIPTION: Section: 30 Township: 48 S Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: Range: 26 E See attached descriptions. See attached descriptions. (GPD TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM [~ b. CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME cl. PACKAGE TREATMENT PLANT ~ capacity)_ e. SEPTIC SYSTEM [--] TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) 7. TOTAL POPULATION TO BE SERVED: 2053 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -6/24/02 MAY 2 7 2003 PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 213,460 GPD AVERAGE DAILY 53r365 GPD B. SEWER-PEAK 213,460 GPD AVERAGE DAILY 69r375 GPD 10. 11. 12. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 2003 · 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. 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. 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 -6/24/0__2 · CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST  THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! - REQUIREMENTS # or pot COPIES REQUIRED REQUIRED -1. Completed Application 16' X 2. Copy of Deed(s) and list identifying Owner(s) and all 2* X Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 2* X 4. Pre-application notes/minutes 16' X 5. Conceptual Site Plans (including (1) 8-1/2 X 11 copy) 16' X 6. Environmental Impact Statement- (EIS) 4 X 7. Aerial Photograph - (with habitat areas identified) 5* 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 Waiver 4 X Application 11. Copies of State and/or Federal Permits 4 X 12. Architectural Rendering of Proposed Structure(s) 4 X 13. Application Fee, Data Conversion Fee, Check shall be - X made payable to Collier County Board of Commissioners / Interdepartmental Transfer 14. PUBLIC PARTICIPATION MEETING: X APPLICATION SUBMITTAL: Copy of Affidavit attesting that all property owners, civic associations & property owner associations were notified. Copy of audio/video recording of public meeting Written account of meeting. 15. Other Requirements - 4 Trip Generation * Documents required for Long-Range Planning Review 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 informat in the delay~~~__~of prtn:essing of~ ~ ---gt'~plicant/Agent Sign~'ture Date APPLICATION FOR PUBLIC HEARING FOR CONDVF1ONAL USE -6/24/02 AFFIDAVIT We/I, ~Collier County Board ~ Commissioners being first duly sworn, depose and say that well 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. 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 shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As proper~ owner We/I further authorize Agnoli, Barber & Brundage, Bellomo Herbert and ~ to act as our/my representative in any matters regarding this Petition. Signature of Property Owner Marla Ramsey Collier County Parks Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this / ~' . day of ,o~/-'?Z///~/<_, 2002, by ~,~, ~ z/~ )/ who is personally known [oo me or has produced g~/~.~,~ Al 7~ /]/~,= as identification. State of Florida County of Collier (Signature of Notary 16ublic - State of Florid.~~ nse~n t a~tea~ (Print, Type, or Stamp Commissioned NameofNotaryPublic)- ~~ 2 APPLICATION FOR PUBLI~C HEARING FOR CONDITIONAL USE -6/24/0_ 2 DESCRIPTION OF LANDS SURVEYED ALL THAT PART OF SECTION 50, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 50, THENCE NORTH 02'00'05" WEST ALONG THE WESTERLY LINE OF SAID SECTION `30, A DISTANCE OF 2670.66 FEET TO THE WEST ONE-QUARTER CORNER OF SAID SECTION `30; THENCE NORTH 02'06'1`3" WEST ALONG SAID WESTERLY LINE OF SAID SECTION `30, A DISTANCE OF $`3`3.72 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID SECTION `30, SOUTH 89'57'54" EAST $29.97 FEET; THENCE NORTH 02'06'08" WEST 166.86 FEET; THENCE SOUTH 89'57'54" EAST `329.98 FEET; THENCE SOUTH 02'06'0`3" EAST 500.58 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 50; THENCE SOUTH 89'47'54" EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION `30, A DISTANCE OF 1979.79 FEET TO THE COMPUTED CENTER OF SAID SECTION $0; THENCE CONTINUE NORTH 89'57'54" EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION `30, A DISTANCE OF 715.95 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF 1-75 (S.R. 95); THENCE SOUTH 00'02'$0" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 4`37.05 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 11,621.76 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE AND THE WESTERLY RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 11'04'14" AN ARC DISTANCE OF 2245.11 FEET TO A NON-TANGENT INTERSECTION WITH THE SOUTHERLY LINE OF SAID SECTION `30; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE NORTH 89'58'`38" WEST ALONG SAID NON-TANGENT LINE AND THE SOUTHERLY LINE OF SAID SECTION ,30, A DISTANCE OF 8`36.59 FEET TO THE SOUTH ONE-QUARTER CORNER OF SAID SECTION `30; THENCE CONTINUE NORTH 89'58'58" WEST ALONG THE SOUTHERLY LINE OF SAID SECTION `30, A DISTANCE OF 2645.96 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED. CONTAINING 212.77 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. IMAY 2 7 2{)03 North Naples Regional Park Application for Conditional Use Trip Generation Report ABB PN 7953/9608 General Collier County Parks and Recreation propose to locate a regional park on a 212.77 acre site that fronts on future Livingston Parkway. The site is located between Immokalee Road and Vanderbilt Beach Road and abuts Interstate 75 to the east. Two points of access are proposed on future Livingston Parkway. Access and design issues have been closely coordinated with- the Collier County Transportation Planning Department. Proposed facilities include a water park, ball and soccer fields, indoor and outdoor play areas, gymnasium, and offices. Passive facilities include walking and bike trails and open space. The park will also be used for various camps, tournaments and festivals. Trip Generation Trip generation is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 6th Edition, Volume 1 of 3. North Naples Regional Park is analyzed using Land Use Code 412, County Park. Of the recreational land use categories, said chosen most closely corresponds to that proposed. Actual trip ends will often more closely relate to programs rather than facilities. The majority of vehicular trips will be off-peak or on the weekends. Average Weekday Vehicle Trip Ends 2.28 per acre x 213 = 486 Trips 243 (50%) Entering and 243 (50%) Exiting a,M Weekday Peak Hour of Generator .52 per acre x 213 = 111 Trips 79 (71%) Entering and 32 (29%) Exiting PM Weekday Peak Hour of Generator .59 per acre x 213 = 126 Trips 44 (35%) Entering and 82 (65%) Exiting Average Saturday Vehicle Trip Ends 12.14 per acre x 213 = 2,586 Trips 1,293 (50%) Entering and 1,293 (50%) Exiting Average Sunday Vehicle Trip Ends 4.13 per acre x 213 = 880 Trips 440 (50%) Entering and 440 (50%) Exiting Summary of Trip Generation Description Avg. Weekday AM Peak Weekday PM Peak Weekday Avg. Saturday Avg. Sunday Total Trips 486 111 Entering 243 79 44 126 2,586 1,293 880 440 Exiting 243 32 440! No. [1~ l:~Il CU-2002-AR-3'I4 MAY 27 2003 RO. EC'r # 'OO l eoo: s DATE: '101'1102 ~ FRED REISCHL CU-2002-AR-3142 PROJECT #2002090038 DATE: 1011102 FRED REISCHL NORTH NAPLES REGIONAL PARK SEC30, TWP 48S, RNG 26E COLLIER COUNTY, FLORIDA. August 2002 PREPARED BY: TURRELL AND ASSOCIATES, INC. 3584 EXCHANGE AVE. SUITE B NAPLES, FL 34104 MAY 2 ? 2003 North Naple~ Regional Park Environmental lmpttct Statement SEC 30, TWP 485, RNG 26E August 2002 3.8.5.1 3.8.5.2 Applicant Infornmtion~.' 1. Res onsible a ent who wrote EIS nnd his education nnd 'ob _environmental exuerienee. related Timothy Hall BS. Wildlife Ecology, University of Florida biX. University of Florida 12 years environmental field experience - resume attached 2. Owner's name and address: Collier County 3301 Tamiami Trail East Naples, FI, 34112 Affidavit of proof of authorized aeent_ Please see attached letter which authorizes applicant. (Exhibit 1) ' ABB to act on behalf of the _Development and Site Alteration Information_'. 1. Description of proposed land use._ The project is a regional recreational park including ball fields, a water recreation area, administration buildings, an indoor sports building, and the necessary parking and supporting infrastructure (surface water management, roadways and utilities). Part of the project site will remain in a natural state as preserve with minor accessory use. Legal Description of site:. Please reference EXI-HB1T #2 of this report for the legal description. e Location and address descriptio~ The subject property is located in Section 30, Township 48 South, Range 26East. It lies in the southwest quadrant of the intersection ofi-75 and Immokalee Road, abutting 1-75 along the eastern property line about half a mile south of lmmokaIee Road, in Naples, Florida. The planned extension of Livingston Road will be west of the park Access will be from Livingston Rd. 3.8.5-3 _Mappine and Support Graohics'._ 1. _General Location Mao. Please reference ~IT #2, location map and legal descriptic MAY 2 7 2003 e e North Nap~.~ R~,~onal Park En~onmental lmtx:~ Statement SEC 30, TWP 485, RNG 26£ Aught 2002 Aerial photo of site with boundaries delineated. Please reference ~IT #3, aerial. TopoRraphic mao showing upland contours. Please reference USGS Quad. Map (Exhibit 3) and ABB topographic survey results ~IT ~4). Existina land use of site and surroundinn area. The site is composed of 212.77 acres just south of lmmokalee Road bordered to the east by 1-75 and the west by a dirt road accessible by an FPL easement between Yanderbilt Beach Road and Immokalee Road. Surrounding land use is as follows: the area to the north of the property is planned for the Livingston Lakes (wesO and Donovan (east) residential developments. The eastern border is I-75, and the western border is the proposed Livingston Rd. right of way. To the south is the existing residential development of Wilshire Lakes and undeveloped land owned by Pelican Marsh. Of the 212.77 total acres of land, approximately 160 acres are jurisdictional wetlands, predominantly mixed cypress and pine with varying degrees of exotic invasion such as melaleuca. Some higher quality cypress areas remain in the central and southern portions of the property, and uplands are concentrated in the northern and eastern sections. The property is characterized by strand or slough type features with narrow strands of cypress-pine wetlands oriented very roughly north- south. The cypress areas have been taken over by melaleuca. The least affected habitats are within the central portion of the site. Also please see ~BIT #5, FLUCCS map. Soils map. Please reference EXI-1IBIT ~6, Soils map and descriptions. Drainnee plan. Plea; reference EXIHBIT gS, Water Management Plan. Development plan including ohasing program, service area of existinn and proposed public fncilities~ nnd existing and proposed transportation network in the impact area. Please reference F_.JOtZBIT #8, Water Management Plan as well as the Conditional Use zoning application. Water and sewer service will be proviZ_ County Yt~aterandSewerDistrict. The new Livingston Rd. h~ be-~en~~ ~t~'.)i 2 MAY 27 21X 3 [ 3.8.5.4 3.8.5.4.1 North Naples Regional Park Environmental lmpcwt Statement SF, C $0, ~ 48S, RNG 26E August 20O2 adequately handle tra'~, gener~ed by the park project. Impact Categories: a. Chan es in level ofair llutants as defined b current r ulations..· Air pollution generated by construction activities may consist of dust from earthmoving activities and operation of heavy machinery. No open burning of debris is proposed. In addition, air pollution levels may be temporarily elevated by exhaust fumes generated by construction related equipment and, in the longer term, added to by automobile emissions from future residents. -- Also, none of the recreational activities allowed would pose a risk of air ' pollution. b. Number of eole that will be affected b air ollution resul ' from the No air pollution will be generated by this project that is in contradiction to State standards. As a result, it is not anticipated that anyone will be affected directly. ~m acts of air ollution. Water will be sprayed where necessary for dust control. a. Chan es in levels and es of water llutiOn as defined b current regulations. W~ter quality is not expected to be degraded as a result of this project. Stormwater runoff from the site will be directed via pipe or grassed swales into on-site lakes for retention and treatment to State water quality standards. No water will be released from the project site until required pre.treatment has been accomplished in the surface water management system. W~ ~land preserve areas will be protected by siltation barriers during construction to prevent sedimentation within preserves. All waters from detention areas for water quality and storage reference EXHTBIT #8, Water Management Plan. impervious surfaces will be directed into the on-site aa'poses. Please also MAY2?2003 3 _ Sheet flow. The proposed design will allow flows into southern wetlands matching existing conditions so as to not adversely affect these wetlatnds during normal storm events. Rear lot li_n~ ~/bn-i!ding site drainnte. Lots and building areas will be graded such that sheet flow across pervious ground will be accomplished and no direct run-off into wetlands will occur. Please also reference EXHIBIT gS, Water Management Plan. Interconnecfion of the water ~nuagement system will occur as follows: Interconnection will occur through a series of lakes, pipes, and swales. No direct run-off will enter wetlands. Please reference EXttZBIT ~t8, Water Management Plan. Inventory of water uses that are restricted or precluded because of pollution levels resulting from this proiect. There are no restricted or precluded water uses anticipated due to polIution levels resulting from this project. No swimming will be allowed in the on- site lakes for safety reasons. Person affected by water pollution resulting from the project. The project is not expected to generate water pollution in contradiction to state standards. Project designs and actions which will reduce adverse impacts of water. pollution. The project will incorporate standard South Florida Water Management District water quality control features to detain and pre-treat storrawater runoff. Wetlands will be protected from siltation by the use of staked filter cloth or hay bales at the wetland/upland interface during construction. Control elevation of the drainage basins will ensure adequate pre-treatrnent of stormwaters before said waters enter the local drainage pattern. Physiography and be A description of soil types found in the proiect area. Please reference EXH~IT ~, Soils map and descriptions. Areal extent of ro osed to o ts hic modification ~ dredglno and fillinlt, 4 MAY 2 ? 2003 North N~p~ R~onal Park En~ronm~ntal Imt~t Sta~ment SEC $0, T~P 455, R~G 26£ August 2002 Under the current proposed plan, approximately 80.15 acres of wetlands will be filled and 34.07 acres of uplands impacted. In all, 114.2 acres of topographic or ecological modification is proposed. The remainder of the property will be enhanced and preserved. _Removal and/or disturbance of natural barriers to storm waves and The off-site drainage component of this project will be maintained to alleviate upstream flooding problems. 'Modifications to natural drainage oatter~: Historic drainage patterns have already been altered by various man-made features, including I-75 and the FPL right-of-way. 1-75 has no structures in the general vicinity of the project that would allow any offsite flows from the east. The FPL right-of-way is a raised grade which impedes flow of surface water from the west. Water leaving the site will continue its existing pattern of flowing to the South. Extent of impervious surface and percent of groundwater recharge area to be covered. Impervious surfaces, including buildings, roads, parking and sidewalks comprise approximately 32.65 acres or 15% of the entire site. There is also 6.56 acres of lakes proposed for the project site. Annual drawdown of groundwater level resultina from use. A consumptive use permit will be needed from the SFIVMDfor irrigation of the project. No drawdown of local water table levels is expected from the project and will not be allowed under the consumptive use perrnit. Irrigation usage is estimated at J 85,000 gallons per day for the entire project. Increased siltation in natural water bodies resulting from the nrooosed Wetlands. No permanent increase in siltation is ~xpected to occur in natural water bodies or in the on-site wetlands as a result of this project. Stormwaterwill .flow through catch basins, grassed swales, and/or lakes prior to discharge into wetlands, during which time particulates and suspended material will drop out of the water column. Temporary construction impacts have been considered and alt on-site designated wettand preserves protected by the use of staked, toed in filter cloth around the wetland boundaries and the use of hay bales where necessary. I A¥ 2 ? 2003 Number of acres of Collier County iurlsdictional wetlands by vegetation ~pe. vegetation composition~ vegetation abundance, and their wetlana functions. The jurisdictional determination was field verified by the South Florida Water Management District on February 9, 2001. The verified line is the same as has been provided in the enclosed exhibits. ~ breakdown of wetland community by habitat type, dominant species and acreage is presented in the descriptions and supporting FLUCCS ('Florida Land Use Cover and Forms Classification ~ystem) map presented as EX,BIT #$. be Determine present seasonal high water levels and historical high water levels bY utilizinll lichen iine~ or other biological indicator~. Elevations of historic wet season 's high water levels have been obtained by locating high watermarks, sediment lines, lichen and moss lines or adventitious roots at 3 locations throughout the site. The average wet season high water elevation was determined to range from approximatelyl2.50' NGVD to approximately12.86' NGF'D, yielding a proposed control elevation that is on average 4" above ground surface. These readings are consistent with observed wet season conditions onsite. Indicate how the proiect design improves/affects pre-development hvdroperiods resulting from the proiect. The natural hydrologic regime on this site has been considerably altered by the adjacent 1-75 and other surrounding development. Water currently sheet-flows and ponds across the property in a north to south direction. Current project design provides water storage capacity within the preserve acreage internal to the project as well allows off-site flows to pass through the site. By holding water within the on-site preserves for longer than currently occurs, more appropriate hydroperiods on the project site wilt be provided. The internal conveyance systems will be controlled with weir structures to maintain natural ground water elevations on the site. Vegetative communities currently degraded on the site will be planted and/or restored to viable conditions. Indicate the proposed percent of the defined wetlands to be impacted and the effects of proposed impacts on the functions of the wetland areas. Jurisdictional wetlands tota1160.$9 acres out of a total 212.77 project acres. The proposed activity will impact 80.1 acres which represents approximatelySO% of total on-site wetland. Currently thg on-site wetlands are very degraded due to exotic infestation and hydrolo~ : defic~ ~ 6 MAY 2 ? North Naples Regional Park Environmental Impa~t Statement SEC $0, T~P 485, RNG 26E August 2002 Upland proposed plan will improve the condition of the preserve w~tlands and allow for more support offish and wildlife resources. Indicate how the project design minimizes impacts on the wetlands.. ~hiz project has been designed tala'ng into account the biological condition of the existing wetlands and regional water management concerns as well as project goals. The development has been designed to avoid, as much as possible, wetland impacts. Efforts have also be~n made to keep internal preserve areas connected with adjacent areas to the gremest extent possible. Indicate how the proiect design shall compensate for tbe wetland impacts Pursuant to the Collier County Growth Manaltement Plan._ In order to offset adverse environmental impacts resulting from development activities in the 80.1 acres 'of wetlands, the development plan provides for preservation and restoration of 80.46 acres of the remaining on-site wetlands. The preservation of 14.85 acres of uplands is also proposed. Ali preserved wetlands will be cleared of invastve exotic species and maintained in an exotic free condition. Areas that are devoid of remnant native vegetation will be allowed to re-vegetate with appropriate native vegetation. Slash pine, cypress and other canopy species will be utilized as will appropriate mid-story and ground cover plantings in the landscaping palette. Due to the loss of special extent of the wetlands, off-site mitigation is also proposed. Off site mitigation will include the purchase of 23.72 credits from the Panther Island Mitigation Banic Off site mitigation is considered appropriate for this project because the existing and proposed development around the project will limit the viability of any on-site preserves. Off-site mitigation offers the opportunity to preserve land much more able to support wildlife utilization. utili?ation of wildlife and species of special statu~.. Number of acres of uplands by vegetative Wpe~ vegetative comoositio~, Vegetation abundance~ and their upland functions.. ,4 breakdown of upland community by habitat type, dominant species and acreage is presented in the description and supporting FLUCCS (~orida Land Use Cover and Forms Classification System) map pre~ented as Indicate ro osed rcent of defined u lands to be ira acted and the effects of proposed irapacts on the functions of upland areas. 'ora total upland acreage of 52.18 acres, project design will impact 34.07 acres, which is 65 % of the project uplands. Effects of the 7 MAY 2 ? 2003 de North Naples Regional Park E. nv~ronmental Impcwt S~atement SEC 30, TNrp 485, RNG 26E August 2002 will be a reduction in acreage available, post-development, however, uplands preserved will serve as buffers to the preserved wetlands and the 18.11 acres of retained upland areas will continue to provide support to wildlife and vegetative communities. I~ndicate how the ~roiect design mi__niml-_m_ impacts on uolands,.. Attempts have been made to preserve the higher quality (i. e. naturally vegetated) upland areas and those adjacent to the wetlands to maximize wildlife value. Efforts have also been made to keep internal preserve areas large enough to sustain functions provided by these communitiez. Also, native vegetation will be widely utilized in the landscaping palette for the project. Provide a plant and animal species survey to include at a minimum~ s3~ecies of special status that are known to inhabit biological eommUutti~ similar to those existing on site and conducted in accordance with the ~uidelines of the Florida Game and Fresh Water Fish Commission. Please reference EXI-IIB1T #9, Threatened and Endangered Species Survey and the species specific RCW survey results done at the request of the Florida Fish and Wildlife Conservation Commission. Indicate how the proiect design minimizes impacts on species of special status~ Preservation and enhancement of 98.57 acres of mixed wetlands and uplands will retain and improve habitat and forage area for wildlife using the subject site. Off-site mitigation will contribute to a much larger preserve and green space more capable of supporting wildlife species not supportable on the project site. Marine and estuarine resources. This section is not applicable to this project. Noise. Describe changes in decibels and duration of noise generated during and after the proiect (both day and niRht) that will exceed Collier Count~ reeulations~ No noise will be generated by the project, either during construction or subsequently that will exceed County, State or Federal regulations. Noise from construction will be typical of that generated by clearing/excavation, hauling, etc., and will be limited to normal working hours. Post- construction, there should be no additional increase in noise with the exception of that generated by personaI automobile use ~ ann r~ s MAY 2 ? 2003 3.8.5.4.2 Noah Naples Regional Park Environmental Impact Stattm~nt SEC $0, TWP 485, RNG 26£ August 2002 activities of patrons of the park. steps that will be taken to reduce noise levels during amd after the Not applicable, se~ above. proiect compliance with Federal Aid Hiehwav Program Manual 7-3-3. l~ot applicable. Public Facilities and ServicM Wastewater ManaRement Wastewater produced by future patrons of the project ',~i',l be directed by underground pipes and sewers to the Collier County Y~'astewater Department (North County Y~ater Reclamation Facility). a. Describe existine treatment facilities as to capacit3h percent eapaci~ bein_o used, type of treatment and de~ree of treatment. The Collier County Y~astewater Department has a capacity of 26.1 million gallons per day. The present available capacity is approximately 26. I MGD. The plant uses fiItration and high rate disinfection to provide secondary treatment of the effluent. Sertling/holding ponds are used to store treated ej~uent which is then used in a spray irrigation system to return water to environment. b. If applicable~ describe similar features of proposed new treatment facilities. Not applicable. Describe the character and fate of both liquid and solid effluents. Effluent generated by this project will be limited to that from recreational use of the site and as described above will be directed via pipe for trexttment at the nearest available treatment facility. Water a. Snugly. .Estimateofavera eda table and non- table water denmnds~ proiect. ~lverage potable water flow for the project would be approximately 69,280 gallons per day. Peak flow would be twice average flow or136~560 I~allons 9 2 7 20 3 e North Naple~ l~egional Park Enviro~ lmpo~ Stagnant SEC $0, TWP 48S, RNG 26E August 2002 It is estimated that approximately 60 acres could be put under irrigation, with over half of the acreage being low water needs areas. T'Ite resulting non-potable water demand during the dry season would be aboza 1.3 million gallons per week or approximately 185,100 gallons per day. Proper irrigation techniques would drop this amount by not irrigating when adequate rainfall had occurred and implementing other best management practices. Irrigation use in the wet season should be considerably less, but would vary dependent on rainfall. b. Source of the raw water supply. Potable water will be provided from the Collier Water Department. Non potable water wilt' be drawn from underground sources but, as stated earlier, will be dependant on a consumptive use permit filed with the SFW34D. Reclaimed (re-use) water from the County will also be utilized if availability allows. Analysis of on-site treatment systems relative to State and County standards. Not applicable. Solid Wastes. a. Estimate of average daily volume of solid wastes. Solid waste generation estimate is 82 cubic yards per week. b. Proposed method of disposal of solid wastes. Solid wastes will be handled by Collier County Solid Waste Management Department. c.. Any plans for recycling or resource recovery. Recycling containers will be made available to patrons of the facility. ,41uminum collection will most likely be the recycled component most collected on the project site. Recreation and open spaces. a. Acreage and facilities demand resulting from the new use. The project would create no additional need for recreational facilities because it ts in itseIf a recreational facility. The park wculd MAY 2 7 2003 be Noah Na~le~ Reg/on~/ F.~n~onmen~l Impc~ St~ement sF_,c $o, rvrP ~s, RNG Ausust ~00~ help alleviate stress on other recreational facilities in the area.. Amount of public park/reercation land donated by the develooer. Not applicable, see above. c. Manapement plans for any open water areas of one-half acre or more within the project. Lakes developed within the project will be constructed in accordance with the County and South Florida Water Management criteria. Lake management requirements will include periodic removal of excess vegetation within and around the lakes on an as needed basis. Common area and lake management will be the responsibility of Collier County, the owner of the property. No swimming will be allowed in the proposed lakes.. b. Plans for recreational development by the developer on dedicated land .~. The entire project is recreational development, 212.77 acres. Amount of public recreation lands removed from inventory by the new None. This project adds to the available public recreation lands available. Development and/or blockage of access to public beaches and waters. None. Aesthetic and Cultural Factors. Provide documentation from the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys tha.t have been conducted on the proiect area: be Please reference EX.BIT #10, Archaeological information. Locate ~ or arehaeolo leal sites and the rela~ the proposed proieet design._ No known archaeological sites exist on the subject property as per EXttZBIT #10. Demons~te how the ro'ect des'n reserves the historie/areha~ inteRritv of the site. No known archaeological sites exist on the property; however, Oeduringthe course of construction evidence of archaeological ~;,.~n,.~,,~o rtr~ ]] MAY 2 7 2003 ,,.. North Naples P..egional Park Environmental Impact S~temtnt $£C $0, TWP 485, P~G 26E August 2002 discovered, the State will be notified immediately and construction halted until the discovery is fully explored. Indicate any natural scenic features that might be modified l~ the uroiect desiRn and explain what actions shal_l be utilized to preserve aesthetic values. Modifications to existing natural scenic features may entail the clearing of forested areas and construction of buildings and facilities associated with the proposed project. Construction and management of preserved areas will result in an overall aesthetic improvement through the development with exotic species removed and native landscaping utilized throughout. Internal preserves may also enhance wildlife viewing opportunities for the patrons of the park. Provide the basic architectural and landscaping desitms. Architectural and landscape designs will be submitted during the review process to Collier County Project Review Services. The designs will be consistent with what is required by the Land Development Code. 6. Monitoring. Describe the design and procedures of any proposed monitoring during and after site preparation and development. ~1 wetlands monitoring and maintenance plan will be required by the South Florida IZ~ater Management District for the proposed wetland restoration. This plan has been submitted to the County as well for review (Exhibit ] 1). gny proposed changes required during the ERP process will be passed on to the County upon finalization with the District. Section 3.8.6 SPECIFICS TO ADDRESS 3.8.6.1 General: The statement should specifically address the following: 3.8.6.1.1 Indicate how the proposed proiect has incorporated the natural aesthetic and cultural and 3.8.6.1.2 resources and other environmental considerations in the planning and desinn of the proposed proiect, and list the environmental impact(s) of the proposed action and the reason(s) that the impact(s) are unavoidable and that the impact(s) represent the minimum impacts possible to the environmental qualiW of the site and/or the _~urr0undin~ area, which mi=~ht be affeet__~ by th~ pr0nosed use. .~.. The proposed North Naples Regional Park project will provide much needed park amenities for the growing Collier County population. Much of the project in its current state consists ofhYdrologically and eco lands that have lost much of their functional value. The project has been, 12 oeically impacted' MAY 2 7 2003 3.8.6.1-3 3.8.6.1.1 3.8.6.13 North ltaples Re~onal Park Environmental lmpctct Statement SEC $0, TWP 48S, RNG 26E August 2002 community benefit with minimal environmental impacts. Environmental impacts will entail a loss of 80.13 acres of wetlands and alteration of 34.07 acres of uplands. 98.57 total acres will be restored and preserved on, ire that will also serve an environmental education purpose at the park. Given the quality of the habitats impacted, this project represents an environmentally responsible approach to ~ develotnn~. F~vide substantiated alternatives to the proposed project so that r~aons for the choice ~)f a course of action are clear~ not arbitrary or capricious. Alternatives to the project include no action which would result in unfeasible financial burden or search for alternative sites. Given the project's location, on what will be a well traveled road in Naples, future land use of the project site is inevitable. This plan represent~ the best possible scenario given the existing conditions on the site. The project has taken into account the minimization of potential adverse impacts to the community and to the environment. Immediate short-term and Iono_-term impacts to the environmenL. Short term impacts will result from the use of mechanized equipment on-site and increased noise levels during construction. Long term impacts include the loss of function and wildlife value of SO. 13 acres of currently degraded wetlands and 34.07 acres of impacted uplands in addition to the effects of corresponding requirement for electricity, water supply and treatment, traffic considerations and recreational use of the project's environs. Dedicated preserv~ on the project site will provide preservation of some habitat and hydrologic function. Any irreversible and irretrievable commitments of natural resources which would be involved if the proposed action should be implemented. Irreversible and irretrievable commitments of natural resources, if the proposed action is authorized, will be the clearing and filling of 80. I3 acres of degraded wetlands and 34.07 acres of uplands, with the associated loss in functional and wildlife value. 13 MAY 2 ? 2003 KEY TO EXHIBITS_ Exhibit 1 Exhibit 2 Exhibit 3 Exilibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Letter of Authorization Location map, Legal Description, and Sketch Aerial and Quad Map Mitigation, Monitorin~ and Maintenance Plan FLUCCS Map and Descriptions Soils Information Site Plan Archaeological Information Threatened and Endangered Species Information Topographic Survey Water Management Plans MAY 2 ? 200 EXHIBIT #1 LETTER OF AUTHORIZATION MAY 2 7 2003 LETTER OF AUTHORIZATION The Undersigned does he-eby swear or afl.tm that she is thc authorizcci agent oft. he owner off r~ord of propen'y legally described in exhibit A attached hereto. The propeW/d~crib~ herein, is the subject of applications for permits through South l:lorida Water Management Dis*.riet and the U.S. Army Corps of Engineers. I hereby designate the firm of Agnoli, Barber & Bnmdagc, Inc. as the legal representative of the property in the course of seeking the necessary approvals to develop. CoLlier County Parks and Recreation Dcpa~uaent STATE OF FLORIDA COUNTY OF COLLESR Sworn 'co (or ;~t'waled) and subscribed before me By Maria M. R. amscy. SEAL She is personally known to me and did take a~ oath. N-o~'y Public / Name typed, printed or stamped MAY 2 ? 2003 EXHIBIT #2 LOCATION MAP, LEGAL ~ESCRIPTION AND SKETCH STATE OF FLORIDA - ~ ~". \ . TAMPA PROJEC ' ', i ~ "... . .. . ~ "'~ ~. --", ~""~1 ~ ! ~ FT. MY~:RS ' NAPLES ~; , ~. ,...: o -.; ~. .~ ! NAPLES .* MARCO"': --'-~- ; i / ~ ISLAND ~-J~ i '--~/ KEY WI~$T EVERGLADES '" CITY COLLIER COUNTY NIl^MI NOTE: THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FO~ CONSTRUCTION USE. LOCATION MAP EXHIBIT "A" Parcel 1 (Folio # 00197000007): The East (E) % of the Northeast (NE) % of the Southwest (SW) % of Section 30, Township 48 South, Range 26 East; and, Parcel 2 (Folio # 00197040009): The East (E) ¼ of the Southwest (SW) % of the Southwest (SW) % of Section 30, Township 48 South, Range 26 East; and, Parcel 3 (Folio # 00197240003): The West (W) % of the Southwest (SW) ¼ of the Southeast (SE) ¼ of Section 30, Township 48 South, Range 26 East; and, Parcel 4 (Folio.# 00197280005): That portion of the East (E) % of the Southwest (SW) ¼ of the Southeast (SE) ¼ of Section 30, Township 48 South, Range 26 East, lying West of Parcel 129 (I-75 Right-of-WaY), which right-of-way parcel is described in Official Records Book 986, Page 1273, Public Records of Collier County, Florida; and, Parcel 5 (Folio # 00197560000): Th; West (W) ~ of the Northwest (NW) ¼ of the Southwest (SW) ¼ of Section 30, Township 48 South, Range 26 East; and,' Parcel 6 (Folio # 00197680003): The West (W) ¼ of the Southeast (SE) ¼ of the S~uthwest (SW) ¼ of Section 30, Township 48 South, Range 26 East; and, Parcel 7 (Folio # 00197720002): The East (E) ¼ of the Southeast (SE) ¼ of the Southwest (SW) ¼ of Section 30, Township 48 South, Range 26 East; and, Parcel 8 (Folio # 00197760004): T~e West (W) ¼ of the Northwest (NW) ¼ of the Southeast (,SE) ¼ of Section .30, Township 48 South, Range 26 East; and, Parcel 9 (Folio # 00198120009): The East (E) ¼ of the Northwest (NW) ¼ of the Southwest (,SW) ¼ of Section 30, Township 48 South, Range 26 East; and, Parcel 10 (Folio # 00199200009): The Southwest (SW) ¼ of the Northeast (,NF__) ¼ of the Southwest (SW) ¼ of Section 30, Township 48 Scuth, Range 26 East; and, 'Parcel 1'i (Folio # 00199160000): The Northwest (NW) ¼ of the Northwest (NW) ¼ of the Southwest (SW) ¼ of the Southwest (SW) ¼, less the West (W) 30 feet AND the Northeast (NE) ¼ of the Northwest (NW) ¼ of the Southwest (SW) ¼ of the Southwest (SW) ¼ of Section 30, TownShip 48 South, Range 26 East. All of the above parcels situated and lying in Collier County, Florida, and consisting of approximately 175 acres, as referenced in O. R Book 1753, Page 328 and O. R. Book 1753, Page 329, et. seq; MAY 2 ? L~I3 EXHIBIT #3 AERIAL AND QUAD MAP I~¥ 2 7 2OO3 EXHIBIT #4 MITIGATION, MONITORING, AND MAINTENANCE PLAN NORTH NAPLES REGIONAL P~RK S30, T48S, R26E, Collier C~, ~1~ M~a~n / Mon~ / Mai~nance P~n Re~ F~ 2~ ~ ~9935 1o0o 2.0 INTRODUCTION The North Naples Regional Park comists of approximately 212.77 acres in the northern part of Collier County for'which a regional recreation c~nter is proposed. The site is located within the south west quadrant of the intersection between Interstate 75 and Immokalee Road, abutting 1-75 along the eastern property line about half a mile south of Immo~ee Road (Exit 17). Access to the site will be via a proposed north-south section of Livingston Road and is currently provided by an unpaved road along the property's eastern boundary. Proposed facilities include eight soccer fields, five baseball fields, parking for over 1OOO vehicles, a community center (including a gymnasium, meeting rooms, fitness center) and pools / water play facility. In addition goals of the proje~ are to provide a different aspect of recreational facilities including offering an alpine climbing center, bike trails around the large preserve area, an area of raised boardwalk with interpretive signage plus providing educational displays on the ecology of southwest Florida within the entrance feature. The aim is to give a mix of recreational amenities and to include features that make use of and focus on the nav~-al environment plus more traditional sporting facilities. In this way the project is unique in southwest Florida and fulfills a need for providing r~creational opportunities to the growing population in ~e northern part of Collier County. The site development plan entails impacts to approximately 80.1 acres of jurisdictional wetlands. This report provides a detailed description of the mitigation proposed by the applicant for these unavoidable wetland impacts, to 93.6 acres of mixed upland and wetland on-site preserves. In addition, the monitoring and maintenance activities for wetland areas to be preserved on-site are fully described. EXISTING CONDITIONS The 212.77 acre property is located approximately 1/2 mile south of Immokalee Road in north Naples, with 1-75 running along it's eastern border and a future north-south connector section of Livingston Road along the western border, A dirt road runs along the western boundary that can be accessed from the north or south via the FPL easement (from Vanderbilt Beach Road in the south or Immokalee Road in the north) or from Immokalee Road via an unpaved road just east of the entrance to Windsong Apartments. This road runs south then tunas to the west below Windsong Apasm~ents then south again leading to the northwest property comer. Surrounding land use is as follows: land to the north of the property is planned for the Livingston Lakes (west) and Donovan (east) residential developments. 1-75 runs along the east border and to the south is the existing residential development of Wilshire Lakes, and undeveloped land own~,d by Pelican Marsh- An FPL easement rum along the western edge. Approximately 1'60.59 acres of the total 212.77 are jurisdictional wetlands, predominantly mixed cypress and pine with varying degrees of invasion by the exotic Melaleuca. Some higher quality, i.e less affected, cypress areas remain in the central and southern parts of the property and uplands (pine-palmetto islands) are concentrated in the northern and eastern sections. The property is characterized by flatwood components with slough type features of narrow stands of cypress-pine wetlands oriented very roughly north-~ The cypress area ~ hav~~ 1 MAY 2 ? 2003 NORTfI NAP~ REGIONAL PARK S30, T45S, R26E, Collier County, Fl~ M~iga~n / Mon~o~g / Marianne P~n R~ F~ 2~ ~ ~993S over by melaleuoa, particularly from the north but affecting all parts of the site. The least affected habitats are w~thin the central portion of the site. On the following pages vegetative communities present on site are described according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Please also reference the supporting FLUCFCS map. Habitat numbers, codes and acreages are shown. 321 Saw Palmetto - 5.54 acre~ 3 (1.19),4 (0.18), 5 (0.12) 6 (0.29), 8 (0.41), 11 (0.20), 12 (0.10), 13 (0.22), 14 (0.46), 15 (0.27), 17 (0.21) 41 (0.23)~ 42 ( 0.14 ), 44 (0.90), 45 (0.62) These areas are upland islands scattered throughout the site with sparse (less than 15% canopy coverage) slash pine (Pinus elliottiO canopy and saw palmeRo ($erenoa repens) dominant in the midstory and groundcover strata. Melaleuca is common around the edges at the wetland-upland transition and midstory plants include wax myrtle (Myrica cerifera) and occasional myrsine. Groundcovers observed include gre~briar.(Snx/lax spp.), grapevine (V/tus rotundifolia), gallberry (Ilex coriacea), sawgrass ( Cladiutn jamaicense) and yellow eyed grass (Xyri$ iridifolicO. 411 Mesic Pine Flntwoods - 46.64 acres 2 (1.51) 7 (4.71), 10 (4.64), 16 (1.50), 24 (0.87), 26 (1.60), 29 (20.153, 35 0.41), 37 (8.253 These uplands are pine. paknctto islands with slash pine (Pinus elliortii) the domirmnt canopy species at +/-25% with saw palmetto (Serenoa repens), and wax myrtle OViyrica cerifera) in the midstory. Oroundcover is made up mostly of saw palmetto, also noted are wiregrass (Aristida srricta), grapevine (Vitus rotundifolia) and rusty lyonia (Lyoniaferruginea). TI~ habit is similar to thc palmetto islands (3211, above) common around the edges of thc transition zones with adjacent wetlands of mclaleuca and wetland grasses. 424 Melaleuca - 18.93 acres 9 (5.79), 18 (3.68), 21 (0.57), 27 (2.13), 30 (5.38), 31 (0.39), 34 (0.20), 36 (0.79) This code refers to pockets or strands of dense (>75%) monoculture mehtleuca (Melaleuca quinquenervia), which are scattered throughout thc site. Remnant pine and cypress are occasionally observed and the reduced or absent midstory is limited to melaleuca. Cxroundcovers are also infrequent, occasional sawgrass, CIadium jamaicense and various gramlnoid species were observed. 621 Cypress- 2.83 acr~ 19 Cypress (Taxodium spp.) is the dominant canopy species with melaleuca at densities approaching 25%. Groundcovers include yellow eyeA grass (Xyris iridifolia), hatpim (Eriocaulon spp.) sawgrass ( Cladium jamaicense) and swamp fern ( Blechnum serratulum ). 625 Hydric Pine Flatwoods - 56.27 acres_ 1 (46.20), 23 (1.62), 38 (5.96), 40 (2.49) Hydric pine flat-woods; dominant canopy species is slash pine, Pinus elliottii st a cover with varying amounts of melaleuca (Melaleuca quinquenervia), averat MAY 2 7 2003 NORTll NAPL~ REGIONAL PARK T455, P,.26F,, Collier Cotmay, Florida. Mifisation / Monitoring /Maintenance Plan Revised February 2002, TTT #9935 50%. Both midstory and groundcovers are reduced, some melaleuca seedlings make up the midstory. Groundcovers include hatpins (Eriocaulon spp.), yellow eyed grass (XyrLs iridifolia), broom sedge (.4ndropogon virginicus) and sawgrass (Cladium jamaicense). Little evidence of hydrology was observed in this area, wetland determination was on the basis of dominant species 624 Mixed Hydric Cypress and Pine- 20.63 acres 22 (0.92), 0.72), 41 (15.99) Areas of higher quality cypress wetland, most likely the end of an historical cypress slough which ran through the center of the property. Cypress (Taxodium spp.) is the dominant canopy tree at approximately 40% canopy coverage with some slash pine (Pinus elliotiO and melaleuca at densities from 25% to 50%. Midstory species include cypress and wax myrtle (Mil'ica cerifera) with a thick groundcover of wire grass (Aristida stricta) also yellow eyed grass (Xyri$ iridifolia), pipewort (Eriocaulon spp.), bullrush (Scirpu.v spp.), marsh fleabane (Plucheafoetida), poison ivy ( Toxicodendron radicans) and goldenrod (Euthamina minor). 424/624 IV~elaleucs / Cypress / Pine - 53.12 seres 20 0.65 acres Melaleuca invasion has taken over this area of cypress nearing 75% canopy coverage with reduced midstory and groundcover species. 28 6.01 acres Mixed pine-cypress wetland with melaleuca invasion between 50-75%. No midstory observed and groundcovers include yellow eyed grass (Xyris iridifolia~ hatpim (£riocaulon spp.) sawgrass ( CIadium jamaicen~e) and broom sedge (Andropogon virginicu~). 46 46.46 acres This area is similar to the hydric pine flatwoods of 1, yet with more cypress in the canopy. Canopy cover is 50-60% and melaluca makes up between 50-75% of both the canopy and midstory sa-ara. Pockets of denser melaleuca and cypress are found within this area. The midstory is limited to melalenca and occasional wax myrtle (Myrica cerifera) and groundcovers are similarly reduced, some sawgrass (Cladium jamaicense), yellow eyed grass (Xyr/s iridifolia), swamp fern (Blechnum serratuIum), yellow tickseed (Coreopsis leavenworthiO and fiat sedge w~re observed. Evidence of hydrology was observed and wet season watermarks recorded at approximately 3-4" above grade. 424/625 Melaleuca / Pine - 8.81 acres 25 0.17), 32 (1.93), 39 (3.71) Hydric pine flatwoods with ram cypress, and pockets of dense m¢laleuca, in excess cf 75% throughout. Little midstory, other than melaleuca was noted and groundcovers varied including sawgrass (Cladiurn jarnaieense), saw palm.to ($erenoa r~mS), Poison ivy (Toxicodendron radicans), maidencane (Panicum hemitomon) and wiregrass (.4ristida stricta). 3.0 ON-SITE MITIGATION The proposed site development plan includes a ~ (82.47 acres) conti~~~~ll~ southwest portion of the site. Recreational facilities and buildings have b~r~concl~a,ted.._m mgl MAY272003 3 i~.. C..~) N ORTlt NAPLF.~ RY.~ION~L PARK S30, T48S, ~ ~ C~, FI~ M~n / Mon~ / M~enan~ Re~ F~ 200~ ~ ~9935 nonh~ and eastern sections of the prop~y that are more del~aded by exotic invasion. In addition corridor areas along the eastern and western boundaries will be retained as preserves and buffers giving a total site preserve acreage of 98.57 of which 80.46 are wetlands, and 18.11 uplands, all will undergo habitat ~hanc~raent activities including removal and maintenance of exotic vegetation. Mitigation towards on-site impacts is generated through the enhancement of 71.81 acres of the wetlands and 14.85 acres of the uplands. The main preserve area will be connected via control structures to the on-site lake(s) which will save to maintain hydrology allowing water levels within th= wetlands to follow natural seasonal changes to which wetland plants are adapted. The site is bermed to maintain hydrology and this feature, rtmning much of the p~rimeter, serves in itself as a recreational opportunity for facility patrons. The attached table, labeled North Naples County Park Acreage Tables, shows the vegetative communities on the site broken down by FLUCCS category. Total acreage of each community is shown followed by the amount of preserve within the project, the direct development impacts, and the preserved veg~ation rmalned on the site. The final column shows the amount of retained lands that have been counted as secondarily impacted wetlands. Other retained ~ are-included in the direct wetland impact calculations. The distinction between direct impacts and retained (secondarily impacted) lands is made for mitigation calculations as well as for the wildlife agencies. Areas to remain vegetated are important to several wildlife species that may potentially utilize the site. The following table presents the proposed mitigation value associated with the preservation and enhancement activities within the preserve areas. I Area #1Enhanced [ HabitatAcreage Description Preservati°n l Enhanc~"a~nt lMitigati°nRati° Ratio Credit WETLAND PRF~ER VES I 21.84 Melaleuea(>50%) / Pine 3:1 7.28 1 2.31 Melaleuca (>50%)/Pine 6:1 0.39 9 2.51 Melaleuca (>90%} 0.75:1 3.35 18 3.68' Melaleuca (>90%) 0.75:1 4.91 19 2.83 Cypress 8:1 0.35 20 0.65 Melaleuea (>75%) / Cypress 0.75:1 0.87 21 0.23 Melaleuea (>90%) 0.75:1 0.31 22 0.22 Cypress/Pine 4:1 0.06 25 0.12 Melaleuea (>75%)/Pine 1:1 0.12 33 0.88 Cypress/Pine 5:1 0.18 39 0.38 Melaleuea (>75%)/Pine 0.75:1 0.51 40 0.29 Melaleuca (>50%)/Pine 3:1 0.10 43 6.83 Cypress/Pine/Melaleuca(50%) 3:1 2.28 46 29.04 C ypress/PineJlvlelaleuca(50%) 3:1 9.68 ~ SUBTOTAL 30.36 UPLAND COMPENSATION Various 14.85 Pine and palmetto Flat-woods 3:1 4.95 TOTAL ~¢ ~ MAY 2 7 2O03 4 NORTh NM'LZS gr, GIONAZ, PARK S30, T48S, 1L26E, Collier Court, Florida. M~gation / Mon~toring / Maintenance Plan Revised February 2002, TTI' 09935 Ratios used in this analysis were takm from the SFWMD Basis of Review (BOR) (effective 01/17/01). Ratios of 3:1, 4:1, 5:1, and 8:1 wer~ used for aress with less than 75% exotic infestafiou. The~e ratim ar~ within the ranges provided for guidance in the BOR. The ratio was determin~xl d~pendant on the ever in~reasing amount of exotic infestation and the work it will entail to r~-n these ar~as to historic forax Thc ratio of 1:1 was used for areas with greater than 75% exotic densities but some rcmnam native vegetation- This ratio is within the range provided for guidance in the BOR and was chosen due to the methods of restoration proposed. Immediate planting is proposed for these areas so less time will be ' needed for them to fully recover to historic form. Finally,'a ratio of 0.75:1 was used for areas ~nith greater than 75% exotic densities and no mm~ant native vegetation. This is at the low end of the range provided in the BOR and was chosen due to the immediate improvements proposed by the applicant. Restoration of water levels and plantings will help these areas re-establish to historic form. Finally, the ratio of 3:1 was chosen for the upland preservation areas. This ratio is at the low end of the range presented in the BOR and was chosen for several reasons. First, the wetland impacts offset by the uplands are of low quality with little wildlife, canopy, .and grouadc~ver functional value added to the existing system. Second, the uplands will need enhancement efforts to remove the exotic vegetation that is rapidly colonizing them. Many of the uplands are degraded by the exotic vegetation that currently occurs on the site. Third, these uplands offer critical support to several species that may potentially utilize the site. Potential listed species that could benefit from the upland areas within the preserve include Big Cypress fox squirrel, Red-cockaded woodpecker, and Indigo snakes. 4.0 WETLAND ENHANCEMENT/EXOTIC REMOVAL Exotic Vegetation Eradication In areas of heavy vegetation, a visual inspection for exotic plant invasion will be conducted and all Melaleuca and Brazilian Pepper found would be flagged, mapped and reported for treatment. Exotic removal within the mitigation lands will be accomplished manually. Felled trees will be mulched on site and removed. These maintenance activities will be performed in perpetuity as needed. If, following exotic eradication and one full growing season less than 50% coverage of native vegetation exists in any preserve area a planting plan will be developed in coordination with Dislxict staff. Maintenance shall be conducted semi-annually, in perpetuity, to ensure that the wetland and upland preserves are free of exotic/nuisance vegetation after maintenance activities (those species currently identified by the Florida Exotic Pest Plant Council's current list of most invasive plant species). The density of exotic and nuisance vegetation shall not exceed 5% of the total aerial cover between maintenance activities. Replanting Plans Most areas will be left to regm~rate naturally for at kast a year before d~ciding if retalanting is n~e~sary. In areas that are more that 75% melal~uca, r~pia~ting will be done immediately following the exotic eradication activities. No immediate seed sources are available in these areas so immediate replanting helps to re-establish the denuded areas more rapidly. Appropriate plant palettes will be applied for the affected areas that will be depen_d_~_nt on existing ground elevations, anticipated high water elevations, and historic vegetative c~ vet. Also. all areas 5.0 NORTH lqAPL~'.~ REGIONAL PARK S~0, T45S, R2b~ Collie~ Cour~y, ~1~ ~ Feb~ 2~ ~ ~935 disturbed as part of the construction or mitigation activities will be replanted according to District guidelines. Cypress: Cypress areas will be planted with sapling cypress, dahoon holly aixt scattered red maple trees with minimum heights of 4 feet. Depending on the size of the area being planting and the density of the adjacent vegetation, planting will be done on 10 foot or 15 foot cante~; It is anticipated that adjacent ground cover vegetation will rapidly colonize the areas so no ground cove, planting will be done until a full growing season has passed. If ground cover colonization has not occurred, wiregrass, sawgrass, broomsedge, and other appropriate., available vegetation will be planted in those areas. These plantings will be done on 3 foot centers. Fiatwoods: Pine flatwood areas will be planted with sapling slash pine on 15 foot centers. Trees will be from 4' to 6' in height. In very hydric areas, a few cypress saplings xnay also be used. Limited midstory plantings are proposed because of the potential future utilization of the area by red-cockaded woodpeckers and fox squirrels. As above, no ground cover plantings will be done for a full growinl~.season~-Wire~ss, cordgrass, broomsedge, and other appropriate vegetation will be used if no regeneration is seen within the f~rst year. These will be planted on 3- foot centers to fill in open areas. OFF-SITE MITIGATION A complete Wetland Rapid Assessment Procedure has been carried out for existing and post- development wetlands. Based on these functional scores, mitigation credits for the impacts not covered by the on-site activities will be purchased from the Panther Island Mitigation Bank. This is in addition to the total 98.57 acres of on-site mixed upland and wetland areas that will be placed under conservation easement. As seen in the table above above, the on-site activities provide 35.31 acres of credit. There is a deficit of 44.82 acres after on-site activities are completed. This deficit will be mitigated through purchase of credits at the Panther Island Mitigation Bank. Calculation of the credits needed was determined by utilizing the WRAP scores from the pre-development condition of the wetlands. The calculation is based on the following table. AREA ACREAGE WI:~P TOTAL 1 6.64 0.56 3.7184 9 3.28 0.5 1.64 21 0.34 0.53 0.1802 25 3.05 0.53 1.6185 27 2.13 0.5 1.065 28 4.76 0.53 2.5228 30 5.18 0.44 2.2792 31 0.39 0.5 0.195 32 1.93 0.5 0.965 34 0.2 0.5 0.1 36 0.38 0.46 0.1748 46 16.54 0.56 9.2624 44.82 23.7193 NORTH NAPLF~ Ii~GIONAL 1'~ S30, T48S, R.26~ Collier Cotmty, Florida. Mitigation / Monitoring / Maintenance Plan Revised February 2002, TTT ~9935 6.0 Therefore, the credit neoded corresponds to 23.72 functional credits ne~cled from the bank. MONITORING PLAN The goal of the monitoring plan outlined below is to enable evaluation and charactafization of on- site preserve areas over time and document progress through a series of scheduled monitoring 6.1 Monitoring Techniquea Meandering transects will be followed in the preserve areas for vegetation invemory and exotic/nuisance .~pecies observations. A baseline report will describe the existing conditions prior to enhancement activities and the time zero report will describe the aerial extent of exotic removal and other mitigation work, i.e., re-vegetation (all exotics will have been removed prior to certificates of occupancy issuance by Collier County), photographs from referenced locations, qualitative observations of wildlife use and other information such as climatic and hydrological conditions and health of the existing vegetation. Transects will be established along with plot sampling stations to determine percent survival and percent coverage of planted and recruited plant species. Transects and plot sampling station locations will be determined at time zero, after exotic eradication. Prior to this report, a conservation easement shall have been recorded in the Collier County public records for 98.57 acres of preserve/mitigation lands. 7.0 Baseline Time Zero and Annual re orts will include: · quantification of any regeneration of exotic species actions, where applicable. · quantification of re-vegetation of cleared areas by native species. · percent coverage, open space and water depths, as appropriate. · direct and indirect wildlife observations. · site hydrological characteristics. and recommendations for remedial photographs from a referenced location and panoramic photographs. A photo-point from PVC labeled stake will be established. · pano~mic photographs of upland/wetland preservation areas, mitigation areas and vegetation · A staff gauge will be installed in each wetland preserve. SUCCESS CRITERIA Success criteria are summarized below to be referred to in the course of annual monitoring, 1) If~ following exotic eradication and one full growing season less than 50% coverage of native vegetation exists in any preserve area a planting plan will be developed. _ MAY 2 ? 2003 NORTlt NAIq ~-~ REGIONAL PARK S30, T48S, R26F_~ Collier Coumy, Florida. M~tigat~o# / Mo~or~n~ / Maintenance Plas Revis~l F~ruaxy 2002, TTT 2) The density of exotic or nuisance vegetation shall not exceed ~% of the total aerial cover between maintenance activities. MONITORING AND MAINTENANCE SC~DULE Report # Report Name/Maintenanee Activit~ Date 1 Basdine Exotic Removal 2 Time-zero Biannual Maintenance 3 First Annual Biannual Maintenance 4 Second Annual Biannual Maintenance 5 Third Annual Biannual Maintenance 6 Fourth Annual Biannual Maintenance 7 Fifth Annual June 30, 2002 By' 12/15/2002 December 31, 2002 By 6/15/2003 and 12/1.$/2003 December 31, 2003 By 6/15/2004 and 12/15/200.4 December 31, 2004 By 6/15/2004 and 12/15/200.~ December 31, 2005 ......... By 6/15/2006 and 12/15/2006 December 31, 2006 By 6/15/2007 and 12/15/200 7 December 31, 2007 SITE INSPECTION JANUARY 2008 MAY 2 ? 201 .:.:.:.. .. .:....:.:.:...!:!:!:!:: HAY 2 7 2003 0 MAY 2 ? EXHIBIT #5 FLUCCS AND DESCRIPTIONS HAY 2 ? 2003 ::::::::.:.. · . MAY ]~003 On the £ollowing pages vegetative communities pf~erlt on site ar~ described a~.~f&ng to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Please also reference the supporting FLUCFCS map. Habitat numbers, codes and acreages are shown. UPLANDS: 321 Sow Palmetto - 5.54 acre~ 3 (1.19),4 ( 0.18)~ 5 (0.12) 6 (0.29), 8 (0.41), 11 (0.20), 12 (0.10), 13 (0.22), 14 (0.46), 15 (0.27), 17 (0~1) 41 (0.23), 42 ( 0.14 ~ 44 (0.90), 45 (0.62) These areas are upland islands scattered throughout the site with sparse (less than 15% canopy coverage) slash pine (Pinus elliottiO canopy and saw palmetto ($erenoa reperas) dominant in the midstory and groundcover strata. Melaleuca is common around the edges at the Wetland-upland transition and midstory plants include wax myrtle (Myrica cerifera) and occasional myrsine. Crroundcovers observed include greenbriar (Smilax spp.), grapevine (Virus rotundifolia), gallberry (//ex coriacea), sawgrass (Cladium jamaicense) and yellow eyed grass (Xyris iridifolia). _ .... 411 Mesic Pine Fintwoods - 46.64 acres 2 (1.51) 7 (4.71), 10 (4.64), 16 (1.50), 24 (0.87), 26 (1.60), 29 (20.15), 35 O.41), 37 (8.25) These uplands are pine-palmetto islands with slash pine (Pinus elliottii) the dominant canopy species at +/-25% with saw palmetto (Serenoa repens), and wax myrtle (Myrica cerifera) in the midstory. Groundcover is made up mostly of saw palmetto, also noted are wiregrass (Aristida stricta), grapevine (V/tus rotundifolia) and rusty lyonia (Lyonia ferruginea). This habit is similar to the palmetto islands (3211, above) common around the edges of the transition zones with adjacem wetlands of melaleuca and wetland grasses. WETLANDS: 424 Meisleuca - 18.93 acres 9 (5.79), lS 0.68), 21 (0.57), 27 (2.13), 30 (5.38), 31 (0.39), 34 (0.20), 36 (0.79) This code refers to pockets or strands of dense (>75%) monocuiture melaleuca (Melaleuca quinquenervia), which are scattered throughout the site. Remnam pine and cypress are occasionally observed and the reduced or absent midstory is limited to melaleuca. Groundcovers are also infxequent, occasional sawgrass, Cladium jarnaicense and various graminoid species were observed. 621 Cypress - 2.83 acres 19 (2.83) Cypress (Taxodium spp.) is the dominant canopy species with melaleuca at densities approaching 25%. Groundcovers include yellow eyed grass (Xyri~ iridOColia), hatpins (Eriocaulon spp.) sawgrass (Cladium jamaicense) and swamp, fern (Blechnum serratulum). 2 7 Pine Fla~oods - ~6.2'/acres (46.:0 0.62)' (s.96), 40 (:.49) Hydric pine flatwoods; dominant canopy species is slash pine, Pinus elliottii at about 50% canopy cover with varying amounts of melaleuca (blelaIeuca quinquenervia), averaging greater than 50%. Both midstory and groun.dco,v ,e~s are reduced, some hatpins (Erioc~ulon the midstory. Groundcovers mcmoe melaleuca seedlings make up spp.), yellow eyed grass (Xyris ir~difolia), broom sedge (Andropogon virg~nicus) and sawgrass (Cladium jamaicense). Little evidence of hydrology was observed in this area, wetland determination was on the basis of dominant species ~s snd pine - 20.63 scres 22 (0.92)' 33 O.V2)' 41 OS.SO) Areas of higher quality cypress wetland, most likely the end of an historical cypress slough which ran through the center of the property. Cypress (Taxodium spp.) is the domir~mt canopy tree at approximately 40% canopy coverage with some sl~sh pine (P~nus elliotff) and melaleuca at densities from 25% to 50%. Midswry species include cypress and wax myrtle (Myrica cerifera) with a thick groundcover of wire grass (Aristida stricta) also yellow eyed grass (Xyris iridifolia), pipewort (Eriocaulon spp.), bullrush (Scirpus spp.), marsh fleabane (Pluchea foetida), poison ivy (Toxicodendron radicans) and goldenrod (Euthamina minor). ~ ress/Pine- 53.12 scres 20 0.65 acres Melaleuca invasion has taken over this area of cypress nearing 75% canopy coverage with reduced midstory and groundcover species. 28 6.01 acres Mixed pine-cypress wetland with melaleuca invasion between 50-75%. No midstory observed and groundcovers include yellow eyed grass (Xyris iridifolia), hatpins (Eriocaulon spp.) sawgrass (Cladium jarnaic~ns¢) and broom sedge (Andropogon virginicus). 46 46.46 acres This area is similar to the hydric pine flatwoods of 1, yet with more cypress in the canopy. Canopy cover is 50-60% and melaluca makes up between 50-75% of both the canopy and midstory strata. Pockets of denser melaleuca and cypress are found within this area~ The mi&story is limited to melaleuea and occasional wax myrtle (Myrica cerifera) and groundcovers are similarly reduced, some sawgrass (Cladium jamaicense), yellow eyed grass (Xyr/s iridifolia), swamp fern (Blechnum serrarulum), yellow tickseed (Coreopsis leavenworthiO and fiat sedge were obseawed. Evideace of hydrology was observed and wet season watermarks recorded at approximately 3-4~ above grade. 424/625 Melaleuea / Pine - 8.81 acr~ 25 O.17), 32 (1.93), 39 (3.'/1) Hydric pine flatwoods with rare cypress, and pockets of dense melaleuca, in excess of noted and groundcovers 75% throughout. Little midstory, other than melaleuca was . . (Serenoa varied including sawgrass (CIadium jamawense), saw palmetto No.3 ivy (Toxi~odendron radicans), maidenc~e (Panicum hemitomon) and wiregrass ( A r istida .~tricta). HAY 27 ~3 EXHIBIT #6 SOILS 24 1! ~7 25 19 ' 2I ",' 32 (11) Halla~dale Fine. Sand- This nearly level, poorly drained soil is on the flatwoods. Individual areas are elongated and irregular in shape, and range from 20 to 1000 acres. The slope is 0 to 2 percent. Typically, the' surface layer is very dark gray fine sand about 3 inches thick. The subsurface layer is grayish brown fine sand to a depth of about 9 inches. The subsoil is yellowish brown fine sand to a depth of about 12 inches. Limestone bedrock is at a depth of about 12 inches. In 95 percent of areas mapped as this soil, Hallandale an~ similar soils make up 83 to 100 percent of the map unit. The characteristics of Boca and Jupiter soils are similar. soils of dissimilar characteristics included in this unit are small areas of Pineda and Riviera, limestone substratum soils on slough landscape positions. These soils make up about 17 percent .or less of the unit. The permeability of this soil is rapid. The available water capacity is very low. In most years, under natural conditions, the seasonal high water table is between 6 to 18 inches of the surface for i to 6 months. In other months, the water table is below 18 inches and recedes to a depth of more than 40 inches during extended dry periods. Rarely is it above the surface. Natural vegetation consists of south Plorida slash pine, sawpalmetto, creeping b!uestem and pineland threeawn. This soil is poorly suited to cultivated crops because of wetness and droughtiness. The number of adapted crop~ is limited unless very intensive management practices are followed. With good water control and soil improving measures, the soil can be made suitable for many fruit and vegetable crops. A wa=er control system is needed to remove excess water in wet seasons and provide wa=er through subsurface irrigation in dry seasons. Row 'crops should be rotated with cover crops, seedbed preparation should include bedding of the rows. Fertilizer and lime should be added according to the need of the crops. With proper water control, the'soil is well ~uited to citrus. Water control systems that maintain go~d drainage to an effective depth are needed.. Bedding th? soil przor to planting provides good surface and ~nternal drainage, and elevmtes the tre~s, above the seasonal high water table. A good grass ~over crop me=ween the trees helps to protect the soil from blowing when the trees With good water control management, this soil is well are young. · r suited to pasture. A water control system zs needed ~o emove excess water during the wet season.' It is well suited to pangolagrass, bahiagrass and clover. Excellent or grass-clover mixtures can.be grown with Regular appl%cations of fer==lizers and conUro££eo graz~g'~-~--~--~ needed for hxghest yields. This soil is moderately suited for desirable range plant production. The dominant forage is creeping bluestem, lopsided indiangrass, pineland threeaWn and chalky bluestem. Management practices should incluae deferred grazing and brush control. This Hallandale soil is in the South Florida Flatwoods range site. This soil has severe limitations for mos= urban uses because of ShalloQ bedrock and wetness. If this soil is used as septic tank absorl0tion fields, it should be mounded to maintain the system well above the seasonal high water table. For recreational uses, this soil has severe limitations because of wetness, but with proper drainage to remove excess surface water during wet periods, some of these limitations can be overcome. This Hallandale soil is in capability subclass IVw. I AY 2 ? 2003 ~rainageways. In~lviauai areas ax= ~ The slope is 0 to 2 shape and range from 20 to 300 acres. percent. Typically, the surface layer is dark grayish brown:fine san~ about 4 inches thick~' The subsurface layer is light brownish gray fine sand to a depth of about 12 inches. The subsoil is to a depth of about 55 inches;'the upper part is brownish yellow and very pale brown fine sand, the middle part is grayish brown sandy clay loam, and the lower part is light brownish gray and dark grayish brown fine sandy loam· Limestone bedrock is at a depth of about 55 inches. In 95 percent of areas mapped as this soil, Pineda and similar soils make up 79 to 100 percent of the map unit. The characteristics of Holopaw and Riviera, limestone substratum, soil. die similar. soils of dissimilar characteristics included in this unit are small areas of Boca, ~allandale and Malabar soils on similar landscape positions. These soils make up about 11 percent or less of the unit. The permeability of this soil is slow. The available water capacity is low. In most years, under natural conditions, the seasonal high water table is within 12 inches of the surface for 3 to 6 months. In other months, the Water table is below 12 inches and 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 periods of about 7 to 30 days· Natural vegetation consists of south Florida slash pine, waxmyrtle, chalky bluestem, blue maidencane and gulf muhly. This soil is poorly suited to cultivated crops because of wetness · h ood water-control measures and soil- . improving measures, un= =~ · ater control system zs needed to remow= and vegetable crops A w '- ..... ~- water through subsurface irriga= _ Seedbed preparations sho~d_inc~__din. to the need cover crop~. _ .. _=--~ ~- m~=ea acco= rows. Ferti_izer and £1me ~n~uA~ --~ - of the crops. With proper water control, the soil is moderately suited to uhat maintain good drainage to an c~t~s. ~ater control .Y ........ ~e soi~ prior to p~ant~ng effectzve depth ase . 'naae and elevates the sur:ace and znternal dra~ provides good A good gra~ trees above the seasonal high water table, soil fro- crop between the trees helps to protect the when ~he trees are younger. With good water control management. =his soili, w~] e~,~ ~_ dur%ng the wet season. It ~s weI1suited to pangolagrass, bah~agrass and clover. Excellent pastures of grass or ~rass- clover mixUures can be grown with good management. Regular applications of fertilizers and controlled grazing are needed for highest yields. This soil is'well suited for desirable ~ange plant production. The dominant forage consists of blue ma~dencane, chalky bluestem and bluejoint panicum. Management practices should ~nclude deferred grazing. This Pineda soil is in the Slough range site. This soil has severe limitations for most urban Uses because of the high water table.. To overcome ~his limitation, building sites and septic tank absorption fields should be mounded. This soil also has severe limitations for recreational development because of'we=ness and sandy texture. Problems associated with wetness can be corrected by providing adequat~lra~na~e and drainage outlets to control the high water table. The sandy texture limitation can be overcome by adding suitable.topsoil or by resurfacing the area. This Pineda soil is in capability subclass IIIw. MAY 2 ? (21) Boca Fine Sand- This nearly level, poorly drained soil is on the flatwoods. Individual areas are elongated and irregular in shape and range from 20 to 350 acres. The slope is 0 to 2 percent. Typically, the surface layer is very dark gray fine sand about 4 inches thick. The subsurface layer is fine sand: to a depth of about 26 inches; the upper part is ligh~ gray and the lower part is brown. The subsoil is dark grayish brown fine sandy loam to a depth. 6f about 30 inches. Limestone bedrock is at a depth of about 30 inches. In 95 percent of areas mapped as this soil, Boca and similar soils make up 79 to 93 percent of the map unit. The characteristics of Hallendale soil are similar. soils of dissimilar characteristics included in this map unit are small areas of Pineda and Riviera, limestone substratum soils in slough landscape positions. These-soils make up about 7 to 21 percent of the unit. The permeability of this soil is moderate. The available water capacity is very low. In most years, under natural conditions, the seasonal high water table is between 6 to 18 inches of the surface of 1 to 6 months. In other months, the water table is below 18 inches and recedes to a depth of more than 40 inches during extended dry periods. Rarely is it above the surface. Natural vegetation consists mostly of south Florida slash pine, cabbage palm, sawpalmetto, wax-myrtle, chalky bluestem and pineland threeawn. This soil is poorly suited to cultivated crops because of wetness and droughtiness. The number of adapted crops is limited unless very intensive management practices are followed. With good water control and soil improving measures, the soil can be made suitable form many fruit and vegetable crops. A water control system is needed to remove excess water in wet'season and provide water through subsurface irrigation in dry seasons. Row crops should be rotated with cover crops, seedbed preparation should include bedding of the rows. Fertilizer and lime should be added according to the need of the crops. With proper water control, the soil is well suited to citrus. Water control systems that r~aintain good drainage to an effective de th are needed Bedding th~ soil prior to planting provides P- - -' ...... : ...... d elevates the trees a~ove go0~ surzace an~ zn=ernaA ~r=~ ~,- the seasonal high water table. A good grass cover crop between the trees helps to protect the soil from blowing when the trees are young. With good water control management, this soil is well pasture..A water control system is needed =o remove water durxng the wet season. It is well suited to pang, :ces~A~- ~la~ s~ MAY 2 ? 2003 bahiagrass and clover. Excellent pastures of'grass or grass- clover mixtures can be grown with good management. Regular applications of fertilizers and controlled grazing are needed for highest yields. This so$l is moderately suited for desirable taupe plant productxon. The domxnant forage is creepin9 bluesCem, lopsided indian~rass0 pineland threeawn and chalky bluestem. Management practices shoul9 include ~efe~red grazing and brush control. This B6ca soil xs in the South Florida Flatwood range site. This soil has severe limitations for most urban uses because of wetness. If this soil is used as septic tank absorption fields, iC should be mounded to maintain the system well above the seasonal high water table. For recreational uses, this soil also has severe limitations because of wetness, bu~ with props= drainage to remove excess surface water during wet periods, many of these limitations-can be overcome. This Boca soil is in capability subclass IIIw. 2 7' 2003 EXHIBIT #7 SITE PLAN t~AY 2 7 2003 EXHIBIT #8 ARCHAEOLOGICAL 1NFO~TION n. oam, DSf~TH~ff, rt oF May 7, 2001 FLORIDA DF=P~ OF STATE DIVISION OP 1-11STOR~CAL ~URCES Ms. Cloe Esaex Turreil & Associates, Inc. 3584 Exchange Avenue Suite B Naples, FL 34104 FAX~: (941) 643-6632 I~at Ms, Esscx: In response to you~ inquir~ of May 4th, 2001, the Florida Master Site File lists no previously recorded cultural resources in the following pan:els: T485, R2$E, Section 30 interpreting the resuJts of ou~ scn.rch, please remember the following points: Areas which have not been completely surveyed, such as youth, may contain unrecorded archaeological sites, unrecorded historically important structures, os- both. As you may know, state and federal laws require formal environmental review for some projects. Record searches by the staff of the Florida Master Site File do not conatitute such a review of cultural resources. If your project falls under these laws, you should contact the Compliance Review Section of the Bureau of Historic Preservation nt 850- 487-2333 or at this address. Silly, D~a~n M. Cre. amet, {.50-487-2299 Senior Historical Data Analyst, Florida Muter Site File Division of Historical Resources R. A. Gray Building $00 South Bronough Street Tallahassee, Florida 32399-0250 State SunCom: 277-2299 Fac line: 850921-0372 Eraail: .IMsfil e~rnail, dos. srme./q, us Web: http://w~w, do~.state.fl.m/dhr/ntt, f/ DIRECTOirS OFFICE R.A Gray Building · 500 South Bronough Street · Tlllahasse~, Florida 32399-02S0 · (850)488=1480 PAX: (850) 488-33~3 · wqArw Addresa httlm~//www.doe.state.fLus _ __ ARCHAEOLOOICAL RESEARCH C{ HISTORIC PRESERVATION rm HISTC~ICAL~~L.~_ MAY 2 ? 2003 EXHIBIT #9 THREATENED AND ENDANGERED SPECIES INFORMATION MAY 2 7 2003 L NORTH NAPLES RF. OIO~ PARK Section 30, Township 4~ South, R~ge 2~ East, Collier County Tkre~e.d trod F. ndtmgered ~l~ ~eles Surv~ Revised Msy 2002 TTT #9935 INTRODUCTION The proposed North Naples Regional Park consists of approximately 212 acres in the northern part of Collier County for which a regional park offering recreational and sporting facilities is planned. The site is located within the south west quadxant of the intersection between Interstate 75 and Immokalee Road, abutting 1-75 along the eastern property line about haft a mile south of Immokalee Road (Exit 17). Access will be provided by 'the planned future extension of Livingston Road which will be west of the Park. Surrounding existing land use includes planned future residential developments of Livingston Lakes and Donovan Cemer to the north, 1-75 to the east, the residemial development Wilshire Lakes to the south and to the west, an FPL easement just east of the future Livingston Road. To consider potential effects of the proposed project on any state or federally listed species that may utilize the property for feeding/foraging and/or nesting, a Threatened and Endangered Species Survey was performed and is described in the following report. Included in section IV is a summary of previously completed surveys on adjacent properties for the endangered Red-cockaded woodpecker (Picoides borealis) and a map showing known active and abandoned colonies in the Collier County area prepared by U.S. Fish and Wildlife Service staff, is attached. The area surrounding this project was known in previous years, to support the species although as shown in the summary no sightings have been reported since the early 1990's. METHODOLOGY Prior to any wildlife survey, careful consideration is given to the habitat type/s ia question and species which are known to utilize such areas. Thus, before any survey is carried out a number of publications and references are consulted. These include: The Official Lists of Florida's Endangered Species, Threatened Species and Species of Special Concern, dated April 29, 1996, Florida Game and Freshwater Fish Commission (FGFWFC) Wildlife Methodology Guidelines and the Florida Natural Areas Inventory (FNAI) for Collier County. The basic objective of any wildlife survey is to obtain evidence that a listed species is using the subject site. The site may comprise a primary or seconchu'y feeding/foraging or nesting zone or merely be adjacent to those sites for a particular listed species. As many species of concern in Florida are cryptic/camouflaged and/or noeunmYcrepuscu!ar, patience and sufficient time must be devoted to the survey. An aerial and preliminary FLUCFCS map was consulted prior to arriving on-site and a system of meandering transects followed throughout the subject area. MAY 2 7 2003 NORTH NAPt.F-S Rr~O~AL P~K Section 30, Township 48 Sou~, P,~ng~ 25 East, Collier County Revised May 2002 TTT #9935 A slow pace along transects was maintained, stoppin every few minutes to look and listen for movement or calls of any animal Indirect evidence such as rootings, scrape marks, nests, cavities, burrows, tracks and scat were looked for and duly noted. IlL SURVEY TIMES Fieldwork for the Threatened and End_~ngered Species survey was performed over the course of nine months allowing consideration of use of the site by migratory species. Survey times and staff are detailed below. Date July 26, 2000 July 27, 2000 July 28, 2000 July 31, 2000 August 1, 2000 September 26, 2000 September 27, 2001 January 9, 2001 January 10, 2001 May 8, 2001 Time Staff 08:00- 12:00 15:00- 18:00 07:00- 12:00 12:00- 18:00 15:00 - 20:00 08:00- 15:00 12:00- 16:00 06:00- 12:00 18:00 - 21:15 06:15 - 11:30 18:00 - 21:00 Marielle Kitchener Marielle Kitcheaer Marielle Kitchener Marielle Kitchener Marielle Kitchener Marielle Kitchener & Cloe Essex Marielle Kitchener & Cloe Essex Cloe Essex Cloe Essex Cloe Essex & Todd Turrell Cloe Essex & Todd Tun:ell TOTAL MAN HOURS: 72.75 2 No,trot NA~.V_~ RI~°l'°~ PA~Z Section 30, Township 48 South, Range 25 East, Collier County Revised May 2002 TTT ~9935 'RESULTS AND DISCUSSION A complete list of all wildlife species observed on the site is provided in the table below. Common Name Scientific Name Mounting Dove Blue jay Common nighthawk Great egret* Cormorant* L~le blue heron* Green heron Red shouldered.hawk . Common yetlowthroat Northern Flicker Cardinal American redstart Eastern Pheobe White eyed vireo Red bellied woodpecker Pfleated woodpecker Downy woodpecker Chuckwills widow Black racer Dusky pygmy rattlesnake Brown anole Box turtle Arrp~dilio Racoon Bobcat Oray squirrel Eastern coRontail Zenaida macroura Cyanocitta cristata Chordeiles minor Ardea alba Phalacrocorax auritus Egretta caerulea Butorides virescens Buteo lineatus Geothlypis trichas Colaptes auritus Cardinalis cardinalis Setophaga ruticilla Sayornis phoebe Vireo griseus Melanerpes carolinus Drycopus pileatus Picoides pubescens Caprimulgus carolinensis Coluber constrictor Sistrurus miliarius Anolis sagrei Terrepene carolina major Dasypus novemcinctus Procyon lotor Sciurus carolinensis Sylvilagus floridanus Notes: * Flying overhead Chewed pine cones were observed indicating that Big Cypress Fox Squirrels may have utilized the site. No nests or individuals were observed. Crayfish burrows were found throughout the wetland areas on site. 3 NORTI-I NAPI~-~ RE(~IONAL P~RK S~'tio~ 30, Township 48 South, R~g~ ~$ ~ Collier Coun~ Reviml M~y 2002 TTT 89935 A list of species that would be expected to occu~ on the subject si~e can be ~iven through a~lys~s of Imown vegetative communities both on-s~te and cont~uous to the s~te and available background dala Sources ~ncIude the draft Fh~h and Wildlife Service Multi Species Recovery Plan, Part 2, Appendix C, Species of Concern and their Respective Community Types in South Florida, in addition to communication with p~sonnel at state and federal wildlife agencies. Veget_ative communities are presented by FLUCFCS code with numbers in accordance with the supportin~ map tosether with acreage and potential wildlife species. Consideration of the suitability and likelihood for a siren community to s~lppOl't a particular species is given in light of adjacent and contiguous land uses. Abbreviations used in the discussion are as follows; ...... :. F = Federal S = Stale E = Endangered T = Threatened SSC = Florida Species of Special Concern C = Federal Candidate *= FWS Species of Management Concern R = Rare l tto rairie 32114111 Appendix C lists the following species within the community type Mesic Pine Flatwoods; Florida Weasel (Mustela frenaata peninsulae, R), Big Cypress Fox Squirrel (Sciurus niger avicennia, *), Florida Black bear (Ursus americanus floridanus, FC, ST), While Ibis (Eudocimus albus, SSC), American Kestrel (FaIco sparveriu~ paulus, *, ST), Sandt~ crane (Grus canadensis pratensis, ST), Bald eagle (Haliaetus leucocephalus, FT, ST), Red cockaded woodpecker (Picoides borealis, FE, SD, Audubons crested camcam (PoIyborus plancu~ audubinii, F~, ST), Eastern Iadigo snake (Drymarchon corais coupeH, FT, ST), Gopher tortoise (Gopherus polyphemus, ST), Eastern Beard grass skipper (Arryor arogos arogos, *). Mixed C ress/Melaleuca/Pine '6 210-~ 2 40-4111 Listed species potentially observed within this classification include the following: Ivory Billed Woodpecker (Carnpephilus principalis, FE, SE) and Swallow tailed Kite (Elanoides forficatus, ST). (No sightings of the Ivory Billed Woodpockex have been verified on the US mainland ia rec~nt years). I NAY2? . Of the above species the Red-cockaded woodpecker (RCVO had been documented on the Donovan property which abuts the eastern half of the northern property boundary, also Carlton Lakes just north of Immokalee Road. Several species specific surveys were carried out during tl~ permitting process for thi~ project and summaries are provided below. Southern Biomes reported sightings and cavity trees on the Donovan property in a 1988 listed species survey. In 1989 Marry Roessler examined 6 cavity trees on the site and an area adjacent to a wetland in the southwest comer and another in the southeast portion, with active roosting colonies. The last known sightings were reported by Klm Dryden of the (then) Florida Game and Freshwater Fish Commi.~sion in I992. In a 1994 WilsouMiller survey: no woodpeckers, cavity trees or start holes xvere found either on the Donovan property or along it's boundary. Marty Roessler performed a survey of the site in May 1996 and failed to find any woodpeckers or sign..g that they are currently using the site. The cavity trees that had been observed in 1989 were not located. It was concluded that the cavity trees and start hole trees were em down sometime during the end of 1989 and beginning of 1990. Southern Biomes also completed a survey in 1996 and no RCW's were noted, but plastic owls were observed scattered on the properties to the west and south. The report concluded that there are no RCW's remaining in the area. A letter fi.om the Fish and Wildlife Service (9-11-96) acknowledged the negative survey results and stated that FWS has no further recommendations for RCW protection on the Donovan site (preservation of land suitable for the Big cypress fox squirrel was noted). Attached is a map prepared by Kim Dryden of the FWS which shows the previously existing colonies close to the subject site as inactive/abandoned. At Carlton Lakes, north of Immokalee Road, both Marty Roessler and Southern Biomes surveyed the site in 1996 and failed to find any evidence of current use by RCW's. The site had previously supported RCW activity and 9 inactive and abandoned cavity trees were recorded in 1990. A fire in 1994 destroyed much of the pine flatwoods and left that remaining open to Melaleuea invasion. Southern Biomes report indicated that there is likely no RCW activity left in the area. The Florida Fish and W'fldlife Conservation Commission and U.S. Fish and W'fldlife Service requested a species specific RCW survey be conducted to verify that RCW's had not rt colonized the site in the intervening years since the last report. The survey was done in May 2002 and the results are dom,merited in a separate report. The potential for the other species listed above to occur on the site has been reduced by the development ofi75 and invasion by exotic plant species. SUlVIMARY 5 MAY 2 ? 2003 _ 30, To~a~s~ip Threatened and Endangered ~)~ecies gevised May 2002 TTT #9935 Development of the subject site is not existed to result in any detrimental impacts to state or federally listed wildlife species, primarily because past use patterns J~e reduced the sites' ability to support populations of ~ species. In addition, preservation ~-~d enhsncemenI of wetland areas on-site will increase their usefulness as feedin~fora~in$ areas for listed transient avian species. NAY 2 7 2 33 I Red-cockaded Woodpecker Study Results NORTH NAPLES REGIONAL PARK SEC 30, TWP 48S, RNG 26E COLLIER COUNTY, FLORIDA May 2002 PI~EPARED BY: TURRELL & ASSOCIATES, INC. 3584 EXCHANGE AVE. SUITE B NAPLES, FL 34104 S30, T45S, R26E, Collier County, Florida. Red-coclmd~d Woodpecker Repo~ May 2002, 'rrr ~935 TABLE OF CONTENTS 2. 3. 4. 5. 6. 7. Study Report Attachment A - Location Map Attachment B - FLUCCS Map Attachment C - Soils Information Attachment D - Proposed Site Plan Attachment E - Preserve Map Attachment F - Aerial Photograph NOlUI~ NAIq~F-q R~G~)NAL PA~J( $30,748S, R26E, Colli= ~, FIc~ch. Introduction Thc ~oposed ~orth ~aples Regional Park consists o£ al~:~ximate~ 212 acres in thc nortbem ~ o£ C. olli~ County £or which a regioml ~ o~Fing reercatioml and sporting facilities is planned. The site is located within the south-w~t quadrant of the intersection between Interstate 75 and Imrnok~lee Road, abutting 1-75 along the eastern property line about haft a mile south of Immokalee Road (Exit 17). Acces~ will be provided by the planned future extension of Livingston Road that will nm west of the Park. Surrounding existing land use includes planned fumm residential developments of Livingston Lakes and Donovan Center to the north, 1-75 to the east, the residential development Wilshire Lakes to the south and to the west, an FPL easement just east of the future Livingston Road. This report documents the findings of a species specific survey conducted at ~ request of the Florida Fish and Wildlife Conservation Commission as well as a summary of' previously completed surveys on adjacent properties for the endangered Red-cockaded woodpecker (Picoides borealis). A map showing known active and abandoned colonies in the Collier County area prepared by U.S. Fish and Wildlife Service stafl~ is attached. The area surrounding this project was known in previous years, to support the species although as shown in this report, no sightings have been reported since the early 1990's. Methodology of Field Woric Turrell and Associates, Inc. spent 7 days conducting field work on and offofthe subject property. The majority of time was spent surveying thc most likely locations of red- cockaded woodpecker (rcw) cavity trees. On this property, that equated to the pine flatwoods and the edges of pine flatwood interfaces with adjacent wetlands and open areas. Appropriate areas within contiguous forested areas were surveyed both on the subject property and within approximately ½ mile to the north and ¼ mile to the south and west. Nearby residential developments and 1-75 were considered boundaries of the survey area. Before conducting the field work, several sources of information were consulted in order to best determine where field work would be concentrated. The 1998 Soil Survey of Collier County was examined to verify the presence of upland soil units on the property. Some soil units, such as Boca Fine Sand and Hallendale Fine Sand, list the expected plant communities as slash pine, cabbage palm, saw palmetto, wax myrtle, and herbaceous ground covers. These plant communities could potentially harbor or support RCWs and are highlighted for field examination. Aerial photographs of the ~ were examined for plant communities likely to support RCW colonies and cavity trees. Early field work on the property provided verification of the jurisdictional wetland limits as well aa vegetative compositions broken down according to the 1999 DOT Florida land use, Cover forms and Classification System (FLUCCS) and this information w ...... used to determine where to concentrate field work. Attached to ,his rep on are MAY 2 7 2003 Page 1 of 5 n. lO(D , the FLUCCS map, the Soils map, and an aerial photograph showing areas of higher probability for RCW presence. Results of Coordination with Agencies: 'On August 20, 2001, technical assistance regarding RCWs was requested from the United States Fish and Wildlife Service (FWS). During this meeting, Klm Dryden of FWS, was asked about know colonies or nest trees in the vicinity of the subject properS. She stated that there was known historic utilization of property and that there we~ at least two known historic clans that at one time were present on the property. Harassment activities towards the birds were noted that most likely led to the abandonment of the site in 1992. These activities included trees being cut down and placement of plastic owls throughout the immediate area. No enforcement actions were taken. Mr. Jim Beever of the Florida Fish and Wildlife Conservation Commission w~s also consulted in December 2001, and confirmed the site history. Past RCW Survey ResuRs in Project Vicinity The Red-cockaded woodpecker (RCW) had been documented on the Donovan property which abuts the eastern half of the northern property boundary, and also on the Carlton Lakes property just north of Immokalee Road. Several species-specific surveys were carried out during the permitting process for these projects, summaries of which are provided below. Southern Biomes reported sightings and cavity trees on the Donovan property in a 1988 listed species survey. In 1989 Marry Roessler examined 6 cavity trees on the site and an area adjacent to a wetland in the southwest corner and another in the southeast portion, with active roosting colonies. The last known sightings were reported by Klm Dryden of the (then) Florida Game and Freshwater Fish Commission in 1992. In a 1994 Wilson Miller survey: no woodpeckers, cavity trees or ~ holes were found either on the Donovan property or along it's boundary. Marty Roessler p'~'fo~ a survey ofthe site in May 1996 and failed to find any woodpeckers or signs that they were using the site. The cavity trees that had been observed in 1989 were not located. It was concluded that the cavity trees and start hole trees were cut down sometime during the end of 1989 and begi~nlng of 1990. Southern Biomes also completed a sm'vey in 1996 and no RCW's were noted, but plastic owls were observed scattered or the properties to the west and south. The report concluded that there were no RCWs remaining in the A letter from the Fish and Wildlife Service (9-11-96) acknowledged the negative survey results and stated that FWS has no further recommendations for RCW protection on the Donovan site (preservation of land suitable for the Big cypress fox squ~-~el was Attached is a map prepared by Klm Dryden of the FWS which shows existing colonies close to the subject site as inactive/abandoned- Page 2 of 5 NOITll NAi~i.~ RI~GIONAL PARK S30, T45S, R26E, Collier County, Florida. ~d.c~ Woodl~k~r Repo~ May 2002, ~ 89935 At Carlton Lakes, north of Immokalee Road, both Marry Roessler and Southern Biomes surveyed the site in 1996 and failed to find any evidence of current use by RCW's. The site had previously supported RCW activity and 9 inactive and abandoned cavity trees were recorded in 1990. A fire in 1994 destroyed much of the pine flatwoods and left what remained open to heavy Meialeuca invasion. Southern Biomes report indicated that there is likely no RCW activity lef~ in the area. Results of Field Examinations: The site was first visited and thoroughly examined during the initial site investigations performed by Turrell and Associates. These investigations included a jurisdictional determination as well as a Listed Species Survey. Approximately 73 man-hours were spent between July 2000 and Ma), 2001 dedicated to the Listed Species Survey. The information previously gathered was used for this RCW survey in order to concentrate on the most appropriate areas and prioritize survey time within areas more likely to support RCW utilization- The highlighted areas are depicted on the enclosed aerial photograph of the subject site and the surrounding properties. There are basically three habitat types represemed on the property. Mesic pine flatwoods characterized by a slash pine (Pinus ellioniO canopy with a wax myrtle (Myrica cerifera) and palmetto (Serenoa repens) understory; Hydric pine flatwoods characterized by a slash pine canopy with widely scattered cypress and a sparse graminoid groundcover; and Cypress wetlands dominated by a cypress canopy and widely scattered swamp fern (Blechnum serratulum) and assorted grasses and sedges. The emire site has been affected by melaleuca (Melaleuca quinquenervia) infestation to varying degrees. Areas lacking slash pine support or with heavy concentrations (>50%) of melaleuca were not extensively surveyed for this report. The site survey was conducted with a series of long meandering transects through and along the areas noted during earlier examinations. While walking the transects, observers stopped for varying lengths of time to thoroughly inspect surrounding trees for cavities or for sightings of foraging birds. Each observer used binoculars to examine trees and to assist in species identification. A slow pace along transects was maintained, stopping and waiting every few minutes to look and listen for movement or calls of any animal All birds noted both by call or visually were noted and duly recorded. Observations were made during early morning (sunrise to three hours atter) and late aRernoon (three hours before sunset to sunset) hours. Personal experience as well as multiple reports indicate that these are the most active times for the birds and survey during these periods increases the chances of observing foraging birds if they are present. Data logs were maintained for the field observations. These logs included th. ~~?lll~~ time of the survey, weather conditions, notes on any distinctive or unusual c' and a record of species and general location of any observed wildlife. MAY 2 7 2003 Pnge 3 of 5 Cumulative Time of Field Observations The amount of time spent dedicated to field observations as a part of this survey is recorded below. The time is broken down into on-site and off-site time. Time spent by multiple observers is summed up and presented as total man-hours for each day's observations. Date ~ "' On-Site Off-Site May 10' I 8 Mayl6 3 May 20 6 May 21' 7 3 May 22* 6 3 May 23* 3 6 May 24 1 2 Totals 27 22 * Represents days that both morning and evening observations were made. Survey Results A total of 49 man-hours of field survey were made during the course of this study. No RCW cavity nest trees were observed on or within the vicinity of the proposed project site. Three cavities were observed in dead trees, one of which was in use by a red-bellied woodpecker. The highest quality habitat suitable to RCWs was located to the north of the subject property within the Donovan property limits. This area contained open upland pine forest with mature trees that fell well within the 40+ year age classification favored by RCWs for cavity construction. This area also was adjacent to smaller pines and mixed pine cypress communities and so provided ample foraging opportunities as well. Melaleuca infestation is beginning to occur and habitat quality seemed to generally be declining throughout the study area. The subject site did contain habitat suitable to RCWs but the current study, in addition to all of the previous work done in this area, indicates that the area is no longer favored by RCWs. Site Plan Considerations The proposed project is to construct a Regional Park on the property with associated facilities. The proposed plan preserves approximately 99 acres of native habitat of which about 15 acres is mesic pine and 27 acres will be restored to hydric pine. re ' oftbe preserve will be Cypress or mixed cypress / pine communities. The propo _ ~_ ~. existi4g . preserve is located within the southern property limits to connect with thel-7 MAY 2 7 2003 Page 4 of 5 P', lO_.~ NOiZTll I~Ai'L~S i~GIO/~AL I~AIOt S30, T48S, R26E, Collier County, Florida. Red-cockaded Woodpecker Report May 2002, TTT/~9935 preserve area associated with the Wilshire Lakes development. The preserve also contains two north/south corridors along the eastern and western boundaries that would support avian passage through the site. While the historic utilization of the site by RCWs is well documented, Current studies have shown that this historic use is no longer present. Current conditions and surrounding development make it unlikely that future utili~,~tion will occur. Still, the proposed site plan does contain, and recommend for restoration, habitats suitable to RCW use. The plan would allow for RCW recolonization should new birds move into the area. A complete list of all bird species observed either visually or by known call during this survey is provided in the table below. Common Name Scientific Name Mourning Dove Blue jay Common nighthawk Great egret* Little Blue Heron* White Ibis* Red-shouldered hawk Comn~n yellowthroat Northern Flicker Red bellied woodpecker + (nest) Downy woodpecker Cardinal Northern mockingbird Grey catbird Chuck-wills-widow Carolina Wren Zenaida macroura Cyanocitta cristata Chordeiles minor Ardea alba Egretta caerulea Eudocimu~ albus Buteo lineatus Geothlypis trichas Colaptes auritus Melanerpes carolinus Picoides pubescens Cardinalis cardinalis Mimus polyglottis Dumetella carolinensis Caprimulgus carolinensis Thryothorus ludovicianus * Flying overhead Pnge 5 of 5 I MAY27200 ! j_ ! I 0 ~ o "J J Typical Pine Flatwood onsite with low exotic spedes coverage. Typical Pine Flatwood onsite with high exotic species coverage. STATE OF FLORIDA Cl~ OOLLIE~ COUNTY N -3 LOCATION MAP NOTE: '~-IESE: DRAWN(]:S ARE FOR PERMITTING PURPOSL:"S ONLY AND ARE: NOT INTENDED FOR CONS~ON USE. lira. thO & atHtnmm,,md Cmsumof 0~84 Ezoho,:~ au. Out~, B. BsPiss. S~8 rue COUNTY PARK Co ~lief Co un ¥ Park SO'TLS MAP l! - Ho!lendale Fine 5and 14 - Pineda Fine Sand, Limestone Substratum 2! - Boca Fine Sand HYDRZC -- Property BoundQ~N~ ~ Hydric Soils i - MAY 2 7 201)3 .) (11) Hallandale Fine Sand- This nearly level, poorly drained soil is on the flatwoods. Individual areas are elongated and irregular in shape, and range from 20 to 1000 acres. The slope is 0 to 2 percent. Typically, the surface layer is very dark gray fmc sand about 3 inches thick. The subsurface layer is grayish brown fine sand to a depth of about 9 inches. The subsoil is yellowish brown fine sand to a depth of about 12 inches. Limestone bedrock is at a depth of about 12 inches. In 95 percent of areas mapped as this soil, Hallandale and similar soils make up $3 to 100 percent of the map unit. The characteristics of Boca and Jupiter soils are sLm~lar. Soils of dissimilar characteristics included in this unit are small areas of Pineda and Riviera, limestone substratum soils on slough landscape positions. These soils make up about 17 percent or less of the unit. The permeability of this soil is rapid. The available water capacity is very low. In most years, under natural conditions, the seasonal high water table is between (5 to 18 inches of the surface for 1 to 6 months. In other months, the water table is below 18 inches and recedes to a depth of more than 40 inches during extended dry periods. Rarely is it above the surface. Natural vegetation consists of South Florida slash pine, saw palmetto, creeping bluestem and pineland threeawn. This soil is poorly suited to cultivated crops because of wetness and droughtiness. The number of adapted crops is limited unless very intensive management practices are followed. With good water control and soil improving measures, the soil can be made suitable for many fruit and vegetable crops. A water control system is needed to remove excess water in wet seasons and provide water through subsurface irrigation in dry seasons. Row crops should be rotated with cover crops. Seedbed preparation should include bedding of the rows. Fertilizer and lime should be added according to the need of the crops. With proper water control, the soil is well suited to citrus. Water control systems that maintain good drainage to an effective depth are needed. Bedding the soil prior to planting provides good surface and internal dr~_Lnage, and elevates the trees above the seasonal high water table. A good grass cover crop between the trees helps to protect the soil from blowing when the trees are young. With good water control management, this soil is well suited to pasture. A water control system is needed to remove excess water during the wet season. It is well suited to panglograss, bahiagrass and clover. Excellent pastures of grass or grass-clover mixtures can be grown with good management. Regul r applications of fertilizers and controlled grazing are needed for highest yields. This soil is moderately suited for desirable range plant production. The dominant forage is creeping bluestem, lopsided indiangrass, pineland threeawn and chalky bluestem. Management practices should include deferred gazing and brush control. This Hallan ' ' ' Florida Flatwoods range site. MAY 2 7 This soil has severe limitations for most urban uses because of shallow bedrock and wemess. If this soil is used as septic tank absorption fields, it should be mounded to maintain the system well above the seasonal high water table. For recreational uses, this soil has severe ]imita~tions because of wetness, but with proper drainage to remove excess surface water during wet periods, some of these limitations can be overcome. This Hallandale soil is in capability subclass IVw. MAY 2 7 2003 (14) Pineda Fine Sand, Limestone Substratum- This nearly level poorly drained soil is in sloughs and poorly defined drainageways. Individual areas are elongated and irregular in shape and range from 20 to 300 acres. The slope is 0 to 2 percent. ~ .. Typically, the surface layer is dark grayish brown fine sand about 4 inches thick. The subsurface layer is light brownish gray frae sand to a depth of about 12 inches. The subsoil is to a depth of about 55 inches; the upper part is bwwnish yellow and very pale bwwn fine sand, the middle part is grayish brown sandy clay loam, and the lower part is light brownish gray and dark grayish brown f'me sandy loam. Limestone bedrock is at a depth of about 55 inches. In 95 percent of areas mapped as this soil, Pineda and similar soil make up 79 to 100 percent of the map unit. The characteristics of Holopaw and Riviera, limestone substratum soils are similar. Soils of dissimilar characteristics included in this unit are small areas of Boca, Hallandale and Malabar soils on similar landscape positions. These soils make up about 11 percent or less of the unit. The permeability of this soil is slow. The available water capacity is low. In most years, under natural conditions, the seasonal high water table is within 12 inches of the surface for 3 to 6 months. In other months, the water table is below 12 inches and 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 periods of about 7 to 30 days. Natural vegetation consists of South Florida slash pine, wax myrtle, chalky bluestem, blue maidencane and gulf muhly. This soil is poorly suited to cultivated crops because of wetness and droughtiness. With good water-control measures and soil-improving measures, the soil can be made suitable for many fruit and vegetable crops. A water control system is needed to remove excess water in wet seasons and provide water through subsurface irrigation in dry season. Row crops should be rotated with cover crops. Seedbed preparations should include bedding of the rows. Fertilizer and lime should be added according to the need of the crops. With proper water control, the soil is moderately suited to citrus. Water control systems that maintain good drainage to an effective depth are needed. Bedding the soil prior to planting provides good surface and internal drainage and elevates the trees above the seasonal high water table. A good grass cover crop between the trees helps to protect the soil from blowing' when the trees are younger. With good water control management, this soil is well suited to pasture. A water control system is needed to remove excess water during the wet season. It is well suited to pangolagrass, bahiagrass and clover. Excellent pastures of grass or grass-clover mixtures can be grown with good management. Regular applications of fertilizers and controlled highest yields. This soil is well suited for desirable range plant production. The dominant forage consists of blue maidencane, chalky bluestem and bluejoint panicum. Management practices should include deferred grazing. This Pineda soil is in the slough range site. This soil has severe limitations for most urban uses because of the high water table. To overcome'this limitation, building sites and septic tank absorption fields should be mounded. This soil also has severe limitations for recreational development because of wetness and sandy textures. Problems associated with wetness can be corrected by providing adequate drainage and drainage outlets to control the high water table. The sandy texture limitation can be overcome by adding suitable topsoil or by resurfacing the area. This Pineda soil is in capability subclass IIIw. (21) Boca Fine Sand- This nearly level, poorly drained soil is on the flatwoods. Individn_n! areas are elongated and irregular in shape and range from 20 to 350 acres. The slope is 0 to 2 percent. Typically, the surface layer is very dark gray fmc sand about 4 inches thick. The subsurface layer is fine sand to a depth of about 26 inches; the upper part is light gray and the lower part is brown. The subsoil is dark grayish bwwn fine sandy loam to a depth of about 30 inches. Limestone bedrock is at a depth of about 30 inches. In 95 percent of areas mapped as this soil, Boca and similar soils make up 79 to 93 percent of the map unit. The characteristics of Hallandale soils are similar. Soils of dissimilar characteristics included in this map unit are small areas of Pineda and Riviera, limestone substratum soils in slough landscape positions. These soils make up about 7 to 21 percent of the unit. The permeability of this soil is moderate. The available water capacity is very Iow. In most years, under natural conditions, the seasonal high water table is between 6 to 18 inches of the surface of 1 to 6 months. In other months, the water table is below 18 inches and recedes to a depth of more than 40 inches during extended dry periods. Rarely is it above the surface. Natural vegetation consists mostly of South Florida slash pine, cabbage palm, sawpalmetto, wax myrtle, chalky bluestem and pineland threeawn. This soil is poorly suited to cultivated crops because of wetness and droughtiness. The number of adapted crops is limited unless very intensive management practices are followed. With good water control and soil improving measures, the soil can be made suitable form many fruit and vegetable crops. A water control system is needed to remove excess water in wet season and provide water through subsurface irrigation in dry seasons. Row crops should be rotated with cover crops. Seedbed preparation should include bedding of the rows. Fertilizer and lime should be added according to the need of the crops. With proper water control, the soil is well suited to citrus. Water control systems that maintain good drainage to an effective depth axe needed. Bedding the soil prior to planting provides good surface and internal drainage and elevates the trees above the seasonal high water table. A good grass cover crop between the trees helps to protect the soil from blowing when the trees are young. With good water control management, this soil is well suited to pasture. A water control system is needed to remove excess water during the wet season. It is well suited t~ pangolagrass, bahiagrass and clover. Excellent pastures of grass or grass-clover mixtures can be grown with good management. Regular applications of fertilizers and controlled grazing are needed for highest yields. This soil is moderately suited for desirable range plant production. The dominant forage is creeping bluestem, lopsided indiangrass, pineland threeawn and chalky bluestem. Management MAY 2 7 2OO3 practices should include deferred grazing and brush control. This Boca soil is in the South Florida Flatwood range site. This soil has severe limitations for most urban uses because of wetness. If this soil is u...~d as septic tank absorption fields, it should be mounded to maintain the system well above the seasonal high water table. For recreational uses, this soil also has severe limitations because of wetness, but with proper drainage to remove excess surface water during wet periods, many of these limitations can be overcome. This Boca soil is in capability subclass IIIw. i NAY272003 EXHIBIT # 10 TOPOGRAPIC SURVEY ~A¥27 20O3 ,~... ~I~ EXHIBIT # 11 WATER MANAGEMENT PLANS MAY 2 7 2003 Details Page 1 of 1 Folio No. II 00197760004 Current Ownership Property Address! NO SITE ADDRESS Owner Name COLLIER CNTY Addresses 3301 TAMIAMI TRL E City HAPLES FL 34112 - 3969 Legal~ 30 48 26 Wl/2 OF NWl/4 OF [ SEll4 Section30 I Township 48 I Range 26 Sub No. ~ 100 ~ Use Code Ii 86 ]1 GOVERNMENT Acres ~ Map No. 20 ~ 3B30 Millage Area 47 Strap No. 482630 025.0003B30 2002 Final Tax Roll Values Land Value I (+) Improved Value I (=) Market Value II I (') SOH Exempt Value Il I (=) Assessed Value I (') Homestead and other Exempt Value ~ I (=) Taxable Value Ii Latest Sales History II $9oo,ooo.ooll Date II Book-Page II Il $o.ool I o6/1999 Il 2552-1630 ,, = 900,000.0011 1109/1992 1753- 329 Il $ 0.00 I l 09/1989 Il 1470 - 940 1 $900,000.00I 05/1986 l[ 1195-2165 $ 900,000.00 $ 0.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Amount $ 5,250,000.00 $1,556,600.00 $ 3,968,800.00 $166,000.00 The Information is Updated Weekly. http ://www.collierappraiser. com/RecordDetail.asp?FolioID=0000000197760004 4/8/2003 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-3142 The following facts are found: 1. Section 2.6.9.2 b. of the Land Development Code authorizes the regional park 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 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 No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: CHAIR N: EXHIBIT "A" DESCRIPTION OF LANDS SURVEYED ALL THAT PART OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 30, THENCE NORTH 02'00'05" WEST ALONG THE WESTERLY LINE OF SAID SECTION .30, A DISTANCE OF 2670.66 FEET TO THE WEST ONE-QUARTER CORNER OF SAID SECTION $0; THENCE NORTH 02'06'15" WEST ALONG SAID WESTERLY LINE OF SAID SECTION $0, A DISTANCE OF 333.72 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID SECTION 30, SOUTH 89'57'54" EAST .329.97 FEET; THENCE NORTH 02'06'08" WEST 166.86 FEET; THENCE SOUTH 89'57'54" EAST .329.98 FEET; THENCE SOUTH 02'06'03" EAST 500.58 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION $0; THENCE SOUTH 89'47'54" EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30, A DISTANCE OF 1979.79 FEET TO THE COMPUTED CENTER OF SAID SECTION 30; THENCE CONTINUE NORTH 89'57'54" EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30, A DISTANCE OF 715.95 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF 1-75 (S.R. 95); THENCE SOUTH 00'02'30" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 4.37.05 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 11,621.16 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE AND THE WESTERLY RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 11'04'14" AN ARC DISTANCE OF 2245.11 FEET TO A NON-TANGENT INTERSECTION WITH THE SOUTHERLY LINE OF SAID SECTION 30; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE NORTH 89'58'$8" WEST ALONG SAID NON-TANGENT LINE AND THE SOUTHERLY LINE OF SAID SECTION $0, A DISTANCE OF 836.59 FEET TO THE SOUTH ONE-OUARTER CORNER OF SAID SECTION 30; THENCE CONTINUE NORTH 89'58'38" WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 30, A DISTANCE OF 2643.96 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED. CONTAINING 212.77 ACRES OF LAND MORE OR LESS; SUBdECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Exhibit "B" XM~4d NO.LC3~NIAI'I O~c~OdOl~ld CU-2002-AR-3142 Conditions 1. Traffic signage and pavement markings as well as roadway design shall be in accordance with S~~4~8g~...~ ZOning adopted by the State in accordance with Chapter 316, Florida Statute. 2. Speed limits on internal roads may be designated lower than the "design speed" of the roadway in order to promote pedestrian safety. 3. A South Florida Water Management District Environmental Resource or Surface Water Management Permit, as applicable, shall be obtained prior to the commencement of construction on the site. 4. This site is required to preserve a minimum of 46.58 acres of native vegetation per Section 3.9.5.5 of the Land Development Code. 5. The Planning Services Director may approve minor changes to the Conceptual Master Plan (Exhibit "C") per Section 2.7.4.10 of the Land Development Code. 6. Lighting shall be directed away from rights-of-way and neighboring properties and shall incorporate methods to reduce glare. 7. Loudspeakers used during sporting events shall be directed at specific seating areas in order to minimize the sound heard by the neighboring properties. 8. Regular park hours of operation are from 8:00 AM until 10:00 PM. EXHIBIT "D" RESOLUTION NO. 03 - A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A REGIONAL PARK CONDITIONAL USE IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.6.9.2.b. ESSENTIAL SERVICES CONDITIONAL USES OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a conditional use for a regional park in an "A" Rural Agricultural Zoning District pursuant to Section 2.6.9.2.b. of the Land Development Code for 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: MAY ,2 i 21103 The petition filed by Stephen Sposato, AICP, of Agnoli, Barber and Brundage, Inc. representing the Collier County Parks and Recreation Department' with respect to the property hereinafter described as: Exhibit "B" be and the same is hereby approved for a regional park as a conditional use in the "A" Rural Agricultural Zoning District pursuant to Section 2.6.9.2.b. of the Land Development Code in accordance with the Conceptual Master Plan, Exhibit "C", attached hereto and incorporated by reference herein and subject to the following conditions: 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. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: ? T TOM HENqXlING, CHAIRMAN Approved as to Form and Legal Sufficiency: Maxjor/(~M. Student Assistant County Attorney CU-2002-AR-3142FR/sp LIZA MCCLENAGHAN 9877 CLEAR LAKE CIRCLE NAPLES, FLORIDA 34109-0787 239-596-5248 VOICE 239-596-5249 FAX 239-777-8948 CELL lizamac~,ix.netcom.com April 30, 2003 Linda Bedtelyon Community Planning Coordinator Community Development & Environmental Services Administration 2800 N Horseshoe Dr. Naples, FL 34104 Dear Ms. Bedtelyon: This letter is in reference to the North Naples Regional Park Conditional Use Permit CU- 2002-AR-3142. Some of these comments may not apply to the development and planning process, but I am taking the opportunity to discuss all of issues related to the North Naples Regional Park in a single document. I am writing as a resident of Wilshire Lakes (PUD 91-102, 94-8, 95-5) which is currently under the control of the developer, C.L. Soave, John F. Soave, President. In considering the conditional use of property for the North Naples Regional Park, I ask the County to consider: · Enforcing park hours of operations, in particular closing at 10PM; · Limiting regional tournament sports events and special concert events to minimize the impact on neighboring communities; · Encourage the use of state-of-the-art light and noise mitigation for humans and wildlife; · Include plans for fencing and a gate between Wilshire Lakes and the Regional Park; · Revisit the purchase of landlocked property; and · Respect the ceremonial artifacts of other cultures. When my husband and I purchased property in Wilshire Lakes in early 1999, we were aware that Collier County would be building a regional park to the north of the ...development from a 1998 Naples Daily News article and more details fi.om a January 27, 1999 article. Like most new Florida residents, I brought my conceptions of a "regional park" from the places I had lived Up North; most recently for me, the Washington, DC area. I watched the planning and progress on the Sudgen Regional Park and visited the existing community parks. There is' norway to imagine .the theme park and now entertainment venue plans for the North Naples Regional Park from these experiences. One would have to be in the public park design business or operation. The survey process used by the Parks and Recreation Department seemed to be designed to capture information from only selected demographics. If you had a child in the school system you received a survey or if you were currently using a Parks and Recreation facility you received a survey. I will not argue that the services from this department are in great need especially for softball and soccer fields and an alternative to the beach to get wet, however, future survey processes need to be improved to capture unmet needs and cover all county demographics, including those who are not currently using the parks and those who live in impacted communities. At the first public meeting on the Regional Park on January 30, 2001, residents of Wilshire Lakes attended and asked questions about lighting, noise, security of the Wilshire Lakes property, fencing, access to the park by Wilshire Lakes residents, and the status of the land known as the Paulson property. At this meeting, subsequent public meetings and a meeting of the board of the Property Owners Associations of North Collier County (POANCC), Maria Ramsey, her staff, or the landscape architectural firm have said that they will address these problems. At the last public hearing on September 18, 2002, representatives from the architectural firm of Bellomo-Herbert and Company, Inc. mentioned that they are looking at special lighting. In addition, they mentioned they would look into the noise mitigation. Concerns still remain about lighting and noise from soccer and softball tournaments and music festivals for both the human and native neighbors. Proposed Regional Park closing time of 10:00PM, including those for special events must be observed. The County should consider imposing a limit on the number and frequency of regional tournament sports events to minimize the impact on neighboring communities. Also, the Parks and Recreation Department will need to improve communications with its neighbors about planned and proposed events. The September 18, 2002 meeting was the first mention of the park for use as a venue for concerts like the Country Jam, which have been held at Vineyards Park. In fact at previous meetings, we were told that this park would not be considered for special concerts. Since the county has not yet had a serious public discussion of the Park and Recreation Department being in the concert production business, this type of activity should be limited to one or two events per year at the North Naples Regional Park. At this time there is a barbed wire fence between the park property and surrounding properties. We understand that this fence will be removed in order to meet code requirements. The proposed plans show a fitness path along the south Regional Park property line and the north Wilshire Lakes/Wilshire Pines property line. There is currently no plan to indication where the park ends and private preserve property begins or that the Wilshire Pines Club House and its facilities are not park amenities. I propose that Collier County through the Parks and Recreation Department erect an open-type fence for this purpose, which would allow the remaining wildlife (fox, panther ~'~ HAY 2 7 2O03 have been observed) to maneuver and make use of the environment. A security gate would be appreciated by Wilshire Lakes residents to access the park. A similar arrangement should be made for the north PUD neighbor. The 4.1 acre Paulson property (Folio number: 00199680001) is located south east of the park in a comer near 1-75. From Wilshire Lakes, the property is north behind the Villas on Shallows Way (Wilshire Lakes Block 12) and east of the Wilshire Pines Club House. Note there is an additional piece of property to the east of the Paulson property that is owned by Florida Depa~:iment of Transportation, probably for 1-75 maintenance access. The drawings presented at the January 2001 Regional Park meeting indicated that the Paulson Property and DOT property were not part of the Regional Park. Marla Ramsey at that time said that they had failed to negotiate a price with the owner that Collier County was willing to pay and the County did not need the property to make the park work, however they might try again to obtain the property. An inquiry was made then about who must provide access to the land that would be landlocked. Ms Ramsey said she did not know, but would find out. At subsequent meetings, Ms Ramsey said that she thought there was an easement that ran along the property line between the Regional Park and Wilshire Lakes to the Livingston Rd. After Gunnar Paulson attended the September 2002 Regional Park meeting, Ms. Ramsey had the County Attorney and Real Properties research access for this property and Mr. Paulson had a title search performed. This internal County research must have resulted in the finding of no easements. Early this year, the County referred a call by Gunnar Paulson's attorney, Frank Kowalski, to my home since I had been asking the question, rather than to the Wilshire Lakes developer. It is not clear that Collier County or the property owner realized at the time of their negotiations that the property would be landlocked. In the meantime, Mr. Paulson had also sought to sell the property to the Wilshire Lakes Developer. Since a property can not be landlocked, one can only assume that current discussions are for purchase by or access through Wilshire Lakes, which is still under developer control. Many of the residents of the adjoining property were not aware that this section was not a part of the park. Most of us were looking forward to the build out of Wilshire Lakes and the end of dump and concrete trucks and the other associated building traffic and noise. The ninety percent plan for Vanderbilt Beach Road expansion shows our construction gate removed and a new berm replacing it. It is probably useless to argue that since the county failed to obtain the property, causing the property to be landlocked, that the County provide access, not the forced annexation by a Planned Unit Development. I would ask the County to revisit the purchase of this property for the park with a) newly acquired knowledge of the geology of the area, b) the need to preserve wet lands and c) the better understanding of the cascading implications for the Wilshire Lakes community and Vanderbilt Beach Road construction. The County should review the process of large purchases of land for itself and other developers for identifying the possibility of causing landlocked properties. Finally, it is totally inappropriate to use replicas of ceremonial artifacts of the Calusa culture as objects that spout, fountain, or shower water in the Water Park. Replicas of the Calusa culture belong in the interpretation area of the Community Center. Sincerely, Liza McClenaghan Attachments: Collier County Property Appraiser GIS map of Wilshire Lakes and North Naples Regional Park Wilshire Lakes Site Plan Collier County Community Development Division Zoning Map 8631N Collier County Property Appraiser Detail for Folio No. 001999680001 MAY 2 7 2003 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AN INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AND THE COLLIER COUNTY SCHOOL BOARD TO ESTABLISH EDUCATIONAL PLANT AND ANCILLARY PLANT SITE DEVELOPMENT REVIEW PROCESSES AND SUBSTANTIVE CRITERIA INCLUDING THE CONSIDERATION OF FUTURE AMENDMENTS TO THE COUNTY'S GROWTH MANAGEMENT PLAN AND IMPLEMENTING LAND DEVELOPMENT REGULATIONS OBJECTIVES: To have the Board of County Commissioners approve an interlocal agreement with the Collier County School Board establishing review processes for Educational Plants and Ancillary Plants. BACKGROUND: The 2002 Florida State Legislature enacted Chapter 2002-296 L.O.F which became effective on May 31, 2002. The legislature requires that school boards and local governments enter into an interlocal agreement which addresses school siting, enrollment forecasting, school capacity, infrastructure and safety needs of schools through a continuous joint planning and information sharing process. An optional component of the interlocal agreement is a section addressing the site plan review process. ^ local government may not deny a site plan application if a school site is consistent with the future land use policies and land use categories that allow public schools. However, the local government may impose reasonable development standards and conditions in accordance with section 235.34, F.S. The local government may consider the adequacy of the site plan as it relates to environmental concerns, health, safety and welfare, and effects on adjacent property. County staff felt that a section dealing with the site plan review process must be included in the interlocal agreement in order to insure that health, safety, and welfare as well as compatibility issues are addressed. During negotiations it was decided that the optional review section would not be included in the State mandated interlocal agreement. Instead, the review process for educational plants and ancillary plants would be defined in a separate interlocal agreement that would be adopted concurrently with the State mandated interlocal agreement. CONSIDERATIONS: The attached interlocal agreement cleady identifies and defines the issues and development standards that the County will consider when evaluating the adequacy of site plans, site location, compatibility, on-site and off-site infrastructure improvements, environmental requirements and roadway access standards. Both the State mandated inteflocal agreement and this parallel interlocal agreement need to be adopted in~rd~.r t° insure a continu°us j°int planning and inf°rmati°n sharing pr°cess as well as a tvie~No.~~_~and permitting process. MAY 2 ? 2003 In order to implement this inteflocal agreement, amendment to the Growth Management Plan (GMP) will be required as well as amendments to the Land Development Code (LDC). Once this agreement is approved, the County will initiate the following GMP amendments: 1. An Amendment to the GMP Map Series identifying the location of all existing public school facilities for educational plants and ancillary plants. 2. An amendment to the GMP Map Sedes identifying the location of all undeveloped sites currently owned by the School Board for future school facilities. 3. A policy amendment identifying the zoning districts that will permit, conditionally permit, or prohibit educational plants and ancillary plants. In addition to the GMP amendments, the County will initiate the following LDC amendments: 1. Amendments to the appropriate zoning districts to permit, conditionally permit, or prohibit educational plants and ancillary plants as set forth in the interlocal agreement. 2. An amendment to section 2.7.3 Planned Unit Development (PUD) procedures of the LDC to allow a PUD to be amended for the sole purpose of adding educational plants or ancillary plants as a permitted principal use and limiting the review of any such PUD amendment to the review of the educational facilities and their associated impacts only without further right by the County to review other issues or change other sections of the PUD Document. 3. An amendment to section 2.4 Landscaping and Buffering of the LDC to allow administrative deviations from these requirements for essential services such as public school facilities. 4. An amendment to section 2.4 Landscaping and Buffering of the LDC to provide for flexibility in the requirements where there will be joint use by the County Department of Parks and Recreation and the School District. 5. Amendments to the appropriate sections of each zoning district to set the minimum yard setback requirements for school facilities at 50 feet from all property lines for principal structures and 25 feet from all property lines for accessory structures including portable classrooms. 6. An amendment to section 3.3 of the LDC to reference the site development review process for school facilities as established in this interlocal agreement and identified as the School Board Review (SBR) process. FISCAL IMPACT: Chapter 2002-296 L.O.F. provides for financial sanctions against local governments and school boards in the event that an interlocal agreement is not adopted on schedule. As long as the County is in compliance with Chapter 2003-296 L.O.F., there are no direct fiscal impacts. This parallel intedocal agreement is not mandated by DCA and there are no direct fiscal impacts associated with this agreement. GROWTH MANAGEMENT IMPACT: The adoption of this interlocal agreement with the Collier County School Board, establishing site development review processes will facilitate the implementation of the Collier County Growth Management Plan with the planning and siting of school facilities and supporting infrastructure. RECOMMENDATION: That the Board of County Commissioners approve this interlocal agreement with the Collier County School Board establishing the site plan review process for educational plants and ancillary plants. ~ARED BY: , i MARGARJET WUERSTLE, AICP PLAN II~ SERVICES DIRECTOR APP ROVE~~..~,.,~ ~ " DATE: .//,s,/~_.~ /"~H K. ~CI-~MITT, ADMINISTRATOR ,, O/OMMUNITY DEV. AND ENVIRONMENTAL SERVICES .~J~A ~ MAY 2 7 2003 INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AND THE COLLIER COUNTY SCHOOL BOARD TO ESTABLISH EDUCATIONAL PLANT AND ANCILLARY PLANT SITE DEVELOPMENT REVIEW PROCESSES AND SUBSTANTIVE CRITERIA INCLUDING THE CONSIDERATION OF FUTURE AMENDMENTS TO THE COUNTY'S GROWTH MANAGEMENT PLAN AND IMPLEMENTING LAND DEVELOPMENT REGULATIONS THIS AGREEMENT made by and between Collier County, a political subdivision of the State of Florida, (hereinafter referred to as the "County") and the Collier County School Board, a public agency of the State of Florida, hereinafter (referred to as the "School Board"), together the "Parties." WHEREAS, the County and the School Board have established and maintained a cooperative and productive relationship with regard to the exchange of information on matters of mutual interest including, but not limited to, the coordination of planning efforts to ensure that support services are available for public educational facilities in the unincorporated area of Collier County; and WHEREAS, Section 1013.33(1), Florida Statutes (2002), sets forth the policy of the State with regard to the coordination of planning between school boards and local governing bodies to ensure that plans for the construction and opening of public educational facilities are facilitated and coordinated in time and place with plans for residential development, concurrently with other services; and WHEREAS, Section 1013.33(9), Florida Statutes, in order to encourage and facilitate such planning, provides that the School Board and the County must share and coordinate information related to existing and planned public school facilities, proposals for development, redevelopment or additional development, and infrastructure required to support the public school facilities concurrent with the proposed development; and WHEREAS, the County and School Board have shared such information for numerous years and continue to share such information so that each entity can assist the other in reaching its goals and objectives; and WHEREAS, Section 1013.33(11), Florida Statutes, sets forth the policy of the State with regard to an expedited review process to determine consistency with the local government's comprehensive plan and land development regulations, and where this Agreement details a consistency review process; and WHEREAS, Section 1013.33(12), Florida Statutes, sets forth the policy of the State with regard to an expedited review process and any development review shall not exceed 90 days, and where this Agreement details a School Board Review process; and WHEREAS, Section 1013.33(13), Florida Statutes, provides that a local governing body may not deny the site applicant on the adequacy of the site plan as it relates solely to the needs of the school if the site is consistent with the comprehensive plan's land use policies and catetorie~ in which public schools are identified as allowable uses. The local government may not d !ny th~tl~ application but it may impose reasonable development standards and conditions in acc~ rdanl~. with Section 1013.51 (1), Florida Statutes, and consider the site plan and its adequacy as it. relates MAY 2 ? 2003. to environmental concerns, health, safety, welfare, and effects on adjacent property. Standards and conditions may not be imposed which conflict with those established in this chapter or the Florida Building Code, unless mutually agreed to; and WHEREAS, Section 1013.33(14), Florida Statutes, authorizes the School Board and the County to establish, by agreement, an alternative process for reviewing a proposed Educational Plant or Ancillary Plant, including the identification of off-site impacts of a proposed Educational Plant or Ancillary Plant, and where this Agreement details a School Board Review process to delineate a formal procedure pursuant to State law; and WHEREAS, through this Agreement the County and the School Board wish to maintain and enhance their cooperative and productive relationship regarding the exchange of information relating to planning efforts and public facilities. NOW, THEREFORE, in consideration of the public benefits to be realized from the coordinated planning and review of public educational facilities, the parties hereby agree as follows: The foregoing recitals are adopted and incorporated by reference as if set forth fully herein. This Agreement is made pursuant to Section 1013.33, Florida Statutes, the Florida Interlocal Cooperation Act of 1969, Chapter 1013, Florida Statutes, and terms used herein shall have the meaning set forth in such legislation. Specifically, the following terms as used in this Agreement shall be defined as follows: A. "Adjacent" means lying near or adjoining. "Ancillary Plant" is comprised of the building, site and site improvements necessary to provide such facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program. "Auxiliary Facility" means the spaces located at educational plants which are not designed for student occupant stations. "Compatibility Review" means a review pursuant to the Architectural and Site Design Standards contained within the Division 2.8 of the Land Development Code (LDC) in effect at the time SBR Letters of Compliance are requested and that pertain to issues of compatibility with surrounding uses, complementary patterns of development ant~ mitigation of negative impacts. The Compatibility Review will be limitea to compatibility issues, external sidewalks and pathway connections, lighting, dumpster location and screening, and orientation of buildings and ancillary facilities. determine prior to the School Board's acquisition of property such property is consistent with the Iocational criteria of the Management Plan's Future Land Use Element and Map, Gol{ "Consistency Review" means a review process whereby the County will Gro.~A MAY 27 Area Master Plan and Immokalee Area Master Plan, and whether the Plant or Facility is a permitted use, conditional use or prohibited use in the zoning district on the site, pursuant to Section 4 of this Agreement. Fo "County's implementing land development regulations" means the Collier County Land Development Code, including the zoning regulations and development regulations contained and referenced therein. Go "Educational Facilities" means the buildings and equipment, structures, and special educational~ use areas that are built, installed, or established to serve primarily the educational purposes and secondarily the social and recreational purposes of the community and which may lawfully be used as authorized by the Florida Statutes and approved by the Collier County School Board. "Educational Plant" comprises the educational facilities, site and site improvements necessary to accommodate students, facility, administrators, staff, and the activities of the educational program of each plant. "Locational Criteria" means the land use categories established in the Growth Management Plan's Future Land Use Element and Map, Golden Gate Area Master Plan and Immokalee Area Master Plan. "School Board Review" ("SBR") means the site development plan review process for School Board projects as outlined in this lnterlocal Agreement pursuant to Sections 5 and 6 of this Agreement. "State Requirements for Educational Facilities" ("SREF") means the Florida Department of Education State Requirements for Educational Facilities, effective 1999, as amended. Lo "1996 Interlocal Agreement" means the Interlocal Agreement between the Collier County School Board and Collier County as recorded in Official Record Book 2207, pages 1729 et seq., which bears an effective date of June 25, 1996. o The Growth Management Plan's Future Land Use Element (FLUE), Golden Gate Area Master Plan Element (GGAMP) and Immokalee Area Master Plan Element (IAMP) and the Collier County Land Development Code (LDC) in effect at the time that the SBR Letters of Compliance are requested will determine the land use categories and zoning districts that permit or prohibit Educational Plants and Ancillary Plants within Collier County. Ao Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District of the FLUE of the GMP adopted on June 19. Collier County will initiate and consider at duly advertised hearings, amendments to the FLUE, GGAMP, and IAMP, and the to allow all future Educational Plants and Ancillary Plants in districts as follows: 2002, ~ublic 04, ~,~ ~ ' MAY 2 7 2003 O) Ancillary Plants will be permitted by right in the General Commercial (C-4); Heavy Commercial (C-5); and Industrial (I) Zoning Districts. (2) Ancillary Plants will be prohibited in the RSF-1 through RSF-6; Residential Single Family; Mobile Home (MH); Travel Trailer- Recreational Vehicle Campground (TTRVC); Golf Course (GC); and Conservation (CON) Zoning Districts. (3) Ancillary Plants will be permitted by conditional use approval in all other Zoning Districts. (4) Educational Plants will be prohibited in Residential Tourist (RT); Golf Course (GC); Conservation (CON); Travel Trailer- Recreational Vehicle Campground (TTRVC); Business Park (BP); and Industrial (I) Zoning Districts. (5) Educational plants will be permitted by right in all other zoning districts. Provided further, however, that for a high school facility to be located in any residential zoning district (RSF, RMF, MH, VR, Village Residential) or any residential component of a PUD, a formal Compatibility Review and determination will be required pursuant to Section 5(B) of this Agreement. In the event that the County denies an application based on the Compatibility Review, the School District may request an appeal to the Board of County Commissioners (BCC) as outlined in Section 7 of this Agreement. The parties recognize that Planned Unit Development (PUD) zoning is prevalent in Collier County, and as such, Educational Plants and Ancillary Plants as defined in Section 2 of this Agreement, are permitted uses in PUD designations if specifically set forth in the PUD Document and approved by the BCC as a permitted principal use. To assist in increasing the number of PUDs that may permit Educational Plants and Ancillary Plants, Collier County will, during review of each PUD subject to the sunsetting provision of Section 2.7.3.4 of the LDC, consider the appropriateness, in conjunction with the School Board, of adding Educational Plants and Ancillary Plants as a permitted use in the PUD. The County will consider the School Board's input in determining whether an Educational Plant or Ancillary Plant should be included as a permitted principal use within any new PUD, during the PUD rezone application process. Furthermore, Collier County will initiate and consider amendments to the LDC at duly advertised public hearings that will limit the review of any such PUD amendment for the sole purpose of adding Educational Plants and Ancillary Plants, to the review of the Plant facilities only and the impacts associated with those added uses without further right by the County to review other issues or change other sections of the PUD Document. MAY 2 ? 2003 4 Educational Plants or Ancillary Plants, whether permitted as a principal use within a PUD or in a conventional zoning district or by way of conditional use approval, will be subject to the SBR process pursuant to Sections 5 and 6 of this Agreement. Existing Educational Plants and Ancillary Plants. Existing Educational Plants and Ancillary Plants shall be deemed consistent with the FLUE, GGAMP or IAMP, as applicable. All existing, developed Educational Plant and Ancillary Plant sites, inclusive of the four Educational Plants under construction at time of this Agreement (Site E: Sabai Palm, Golden Gate Intermediate Center-South, Golden Gate Intermediate Center- North, and Golden Gate High School) will be identified on the Future Land Use Map (FLUM) or Map Series to be adopted as part of the FLUE, at the initiation of Collier County, at its expense. The addition of these sites on the FLUM is not a prerequisite to the School Board's ability to proceed with any County review that may be necessary under this Agreement, or to proceed with the construction of any facilities. (a) On-site expansions shall be subject to the procedures established in Section 6.G.(2) of this Agreement. (b) Expansions beyond the boundaries of the existing sites as demonstrated by the legal description shall be subject to the Consistency Review and the School Board Review process as set forth in Sections 4, 5 and 6 of this Agreement. Existing Undeveloped Sites Acquired by the School District for Educational Plants. O) In order to meet future needs and maximize the use of the public's tax dollars and to comply with the legislative mandate to plan for future schools, the School Board has acquired a number of sites for future Educational Plants and Ancillary Plants. With the exception as noted in subsections (o), (p) and (q) below, for the three sites in the Rural Fringe Area, these sites have been determined to be consistent with the locational criteria of the GMP only and GMP amendments will be proposed to include these sites on the FLUM. Once Iocational consistency has been determined for the sites delineated in subsections (o), (p) and (q) below, GMP amendments will be proposed to include these sites on the FLUM. The sites are as follows: (a) (b) Intermediate Center South-44th Terrace S.W., proposed elementary school; Intermediate Center North-50th Terrace S.W. elementary school; 5 MAY 2 7 2O03 (c) (d) (e) (0 (g) (h) (i) (j) (k) (m) (n) (o) Intermediate Center on Hunter Blvd., proposed elementary school; School Site G - Golden Gate Commerce Park PUD, proposed elementary school; School Site I - future EJW Livingston Road, proposed elementary/middle school; School Site M - Lely Resort PUD, proposed elementary/middle school; Livingston Road School Site, East side of Livingston Road, proposed elementary/middle school; Rattlesnake Hammock Road Site - adjacent to South County bus compound, proposed transportation facility; School Site BB - west side of Livingston Road, proposed middle school; School Site E - 18th Avenue N.E., proposed elementary/middle school; School Site F - SW comer of Everglades Blvd. and 60~ Avenue N.E., proposed elementary/middle school; School Site J - N.W. comer of Everglades Blvd. and 12t~ Avenue S.E., proposed elementary/middle school; School Site EE - 18t~ Avenue N.E., proposed elementary/middle school; School Site BBB - Oil Well Road, Orange Tree PUD, proposed elementary/middle/high school or transportation facility; School Site H and CC - Blue Sage Drive, proposed elementary/middle school (see subsection 3. E. (2) below); (p) (q) School Sit~ L and EEE - north of 13m Street N.W., proposed elementary/middle/high school and transportation facility (see subsection 3.E.(2) below); School Site DD and DDD - south of 20~ Street S.E., proposed elementary/middle/high school (see subsection 3.E.(2) below); (2) (r) (3) (4) Immokalee School Site - north side of Lake Trafford Road, proposed elementary/middle schools; and (s) Immokalee Maintenance and Transportation Satellite - State Road 29, proposed transportation facility. Sites delineated in Subsections 3.E.(1) (o), (p), and (q) of this Agreement are within the Rural Fringe Area, an area subject to the Final Order No. AC-99-002 issued June 22, 1999, by the Governor and Cabinet of the State of Florida sitting as the Administration Commission. Pursuant to the Final Order, amendments to the GMP were adopted on June 19, 2002, including the Rural Fringe Mixed Use District. These amendments were subsequently found to be "in compliance" by the Florida Department of Community Affairs, but two challenges were filed to that compliance finding. Accordingly, those amendments are not yet in effect. This affects thc consistency determination for those three sites. Also, the sites delineated in subsection 3.E.(1)(o) of this Agreement, designated Rural Fringe Neutral Lands, are in an area that is subject to a specific requirement for performance of a Red-cockaded Woodpecker Study. The results of that study could lead to a GMP amendment to change the land use designation, thereby affecting the consistency determination for those sites. Furthermore, sites delineated in subsection 3.E.(1)(q) of this Agreement are partially within the Rural Fringe Neutral Lands and partially in the Rural Fringe Sending Lands. The Sending Lands designation provides for submittal of environmental data to demonstrate the appropriateness of a land use designation change. This could potentially result in a land use designation change for the Sending Lands thereby affecting the consistency determination for those sites. The parties acknowledge that due to the changes in the population figures and legislation, certain of the above sites may be designated for other purposes if consistent with all elements of the GMP, and applicable portions of the LDC as set forth in this Agreement, in effect at the time a SBR Letter &Compliance is requested. If consistent with the Iocational criteria in the FLUE, GGAMP or IAMP, as applicable, and not within a PUD, or within a PUD that allows Educational Plants as a permitted principal use, then the Educational Plant shall be allowed as a matter of right. All such sites will be identified on the FLUM or Map Series to be adopted as part of the FLUE, at the initiation of Collier at its expense. For sites within the Rural Fringe Area desi~nate~,~ as Neutral Lands, the site area and school size shall be sul ject tI1~... the General Education Facilities Report submitted annually by the School Board to the BCC. All such sites must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. (5) If consistent with the locational criteria in the FLUE, GGAMP or IAMP, as applicable, but within a PUD that does not allow Educational Plants as a permitted principal use, then the Educational Plant shall only be allowed if an amendment to the PUD is adopted by the BCC at a duly advertised public hearing to make the Educational Plant a permitted principal use. Such a PUD amendment shall be initiated by the Collier County School Board at its expense. (6) For part of the sites delineated in Subsection E.(l)(q) above which is in the Sending Area of the Rural Fringe which is not consistent with the locational criteria in the FLUE, GGAMP or lAMP, or for the sites delineated in Subsections E.(1)(o), (p) and (q) of this Agreement in the Rural Fringe area whose consistency with the Iocational criteria changes based upon Subsection E.(2) of this Agreement, as applicable, the Collier County School Board may, at its expense, initiate an amendment to the appropriate Element so as to make such a site consistent with the locational criteria. Such a GMP amendment must also include an amendment to add the site to the FLUM or Map Series. Additionally, any such site must be located within a zoning district that allows the Educational Plant as a permitted principal use. Otherwise, a rezone petition must be filed and approved by the BCC at a duly advertised public hearing and remain valid in order for the use to be allowed as a matter of right. The filing and expense of any necessary rezone petition shall be the responsibility of the Collier County School Board. (7) Any future expansions beyond the boundaries of the existing Educational Plant sites, as demonstrated by the legal description, shall be subject to the Consistency Review and SBR process set forth in Sections 4, 5 and 6 of this Agreement. (8) For any GMP amendment which is initiated to add the sites to the FLUM or Map Series, such amendment is not a prerequisite to the School Board's ability to proceed with any County review that may be necessary under this Agreement, nor is it a prerequisite to the commencement of construction. Existing Undeveloped Sites Acquired by the School District for Ancillary Plants. (1) If consistent with the locational criteria in the FLUE, GGAMP IAMP, as applicable, and within a zoning district that allox[~ Ancillary Plant as a permitted principal use, then the An~[illar3h,~ Plant shall be allowed as a matter of right. All such sites identified on the FLUM or Map Series to be adopted as part of the FLUE, at the initiation of Collier County at its expense. (2) The sites delineated in Subsections 3.E.(1) (h), (n) and (p), of this Agreement, are consistent with the locational criteria in the FLUE, GGAMP or LAMP, as applicable, but not within a zoning district that allows the Ancillary Plant as a permitted principal use, and those plants shall only be allowed ifa rezone petition, or a conditional use petition, as applicable, is filed at the initiation of the Collier County School Board at its expense, and is approved by the BCC or BZA at a duly advertised public hearing thereby allowing such Ancillary Plant as a permitted principal or conditional use, and such rezone or conditional use approval remains valid. Sites delineated in Subsections 3.E.l(h) and (n) of this Agreement will be identified on the FLUM or Map Series to be adopted as part of the FLUE, at the initiation of Collier County at its expense. The sites delineated in Subsection 3.E.(1)(p) of this Agreement are in the Rural Fringe Area, as noted and discussed in Subsection 3.E.(2) of this Agreement. Once Iocational consistency has been determined for the sites delineated in Subsection 3.E.(1)(p), a GMP amendment will be proposed to include the sites on the FLUM or Map Series, at Collier County's expense. (3) Sites delineated in Subsection 3.E.(1)(p) of this Agreement may not be consistent with the locational criteria of the FLUE, GGAMP or IAMP, as applicable, pursuant to the Rural Fringe issues detailed in Subsection 3.E.(2) of this Agreement. Should this site become inconsistent, the Collier County School Board may, at its expense, initiate an amendment to the appropriate Element so as to make such site consistent with the locational criteria. Additionally, this site must also be located within a zoning district that allows the Ancillary Plant as a permitted principal use, otherwise a rezone petition, or conditional use petition, as applicable, must be filed and approved by the BCC or BZA at a duly advertised public hearing. The approval must remain valid in order for the use to be allowed as a matter of right. The filing and expense of any necessary rezone or conditional use petition shall be the responsibility of the Collier County School Board. Subsequent to the amendment to the appropriate Element becoming effective, Collier County will, at its expense, initiate an amendment to the Future Land Use Map or Map Series to add the site. (4) The parties acknowledge that due to the change in the population figures and legislation, certain of the sites listed in Subsection 3.E.(1) of this Agreement may be designated for other pu -poses if consistent with all elements of the GMP, and the app icabi~A ~ 2 ? 2003 Go (5) (6) portions of the LDC as set forth in this Agreement, in effect at the time that a SBR Letter of Compliance is requested. Any future expansions beyond the boundaries of the existing Ancillary Plant sites as demonstrated by the legal description, shall be subject to the Consistency Review and the SBR process as set forth in Sections 5 and 6 of this Agreement. For any GMP amendment that the County initiates to add the sites to the FLUM, such amendment is not a prerequisite to the School Board's ability to proceed with any County review that may be necessary under this Agreement, nor is it a prerequisite to the commencement of construction. Future Sites for Educational and Ancillary Plants. (1) If consistent with the locational criteria of the FLUE, GGAMP or IAMP of the GMP, as applicable, and within a zoning district that allows the Educational or Ancillary Plant as a permitted principal use, then the plant shall be allowed as a matter of right. Once acquired, the site will be identified on the FLUM or Map Series to be adopted as part of the FLUE, at the initiation of Collier County at its expense. (2) If consistent with the locational criteria in the FLUE, GGAMP or IAMP, as applicable, but within a PUD that does not allow Educational Plants or Ancillary Plants as a permitted principal use, then the Educational or Ancillary Plant, as applicable, shall only be allowed if an amendment to the PUD to make the Plant a permitted principal use, at the initiation of the Collier County School Board at its expense, is approved by the BCC at a duly advertised public hearing. Subsequent to acquisition by the Collier County School Board, Collier County will, at its expense, initiate an amendment to the FLUM or Map Series to add the site. (3) If consistent with the Iocational criteria of the FLUE, GGAMP or IAMP, as applicable, and not within a PUD, but within a zoning district that does not allow the Educational or Ancillary Plant as a permitted principal use, then the plant shall only be allowed if a rezone petition or conditional use petition, as applicable, is filed, at the initiation of the Collier County School Board at its expense, and such amendment or conditional use, as applicable, is approved by the BCC or BZA at a duly advertised public hearing to make the Educational or Ancillary Plant a permitted principal use. Thereafter, the Educational or Ancillary Plant shall be allowed on the site as a matter of right. Subsequent to acquisition by the Collier County School Board, Collier the County will, at its expense, initiate an amendment to or Map Series to add the site. 10 FLUM MAY 2 7 2003 (4) If not consistent with the locational criteria of the FLUE, GGAMP or lAMP, as applicable, and within a PUD that does not allow Educational or Ancillary Plants as a permitted principal use, then the plant shall only be allowed if an amendment to the appropriate Element to make such site consistent with the locational criteria is filed, at the initiation of the Collier County School Board at its expense, and is approved by the BCC and becomes effective. Such a GMP amendment must also include an amendment to add the site to the FLUM or Map Series. Additionally, the plant shall only be allowed if an amendment to the PUD, initiated by the Collier County School Board at its expense, is approved by the BCC at a duly advertised public hearing thereby allowing such Educational or Ancillary Plant as a permitted principal use. Thereafter, the Educational or Ancillary Plant shall be allowed on the site as a matter of right. (5) If not consistent with the locational criteria in the FLUE, GGAMP or IAMP, as applicable, not within a PUD, and in a zoning district that does not allow the Educational or Ancillary Plant as a permitted principal use, then the plant shall only be allowed if an amendment is filed, at the initiation of the Collier County School Board at its expense to the appropriate GMP Element so as to make such a site consistent with the locational criteria of same, and such amendment must be approved by the BCC at a duly advertised public hearing and thereafter become legally effective. Such a GMP amendment must also include an amendment to add the site to the FLUM or Map Series. Additionally, the Plant shall only be allowed if a rezone petition or conditional use petition, as applicable, initiated by the Collier County School Board at its expense, is approved by the BCC or BZA at a duly advertised public hearing thereby allowing such Educational or Ancillary Plant as a permitted principal use. Thereafter, the Educational or Ancillary Plant shall be allowed on the site as a matter of right. (6) Any future expansions beyond the boundaries of the Educational or Ancillary Plant site as demonstrated by the legal description, shall be subject to the Consistency Review and the School Board Review process as set forth in Sections 4, 5 and 6 of this Agreement. (7) For any GMP amendment that the County initiates to add the sites to the FLUM, such amendment is not a prerequisite to the School Board's ability to proceed with any County review that may be necessary under this Agreement, nor is it a prerequisite to the commencement of construction. (8) It is understood, pursuant to Section 3A of this Agreement, that conditional use petitions will not be required for an Educe ~ionalhC~DA ~ Plant. NO. 1 L~'~ ~.., MAY 27 2003 Ho All proposed development to take place on all existing, proposed and future sites for Educational Plants and Ancillary Plants must be consistent with each and every other applicable Element of the GMP. The following process will be followed with respect to future Educational Plant and Ancillary Plant sites, prior to acquisition, for both the determination of consistency with the Collier County GMP loeational criteria and whether the Plant is a permitted use, conditional use or prohibited use in the zoning district on the site. Consistency with all other Elements of the GMP will be reviewed during the SBR process. Consistency Review: The Consistency Review will be conducted as follows: (1) Prior to the purchase of a site for an Educational Plant or Ancillary Plant, the School District will request a pre-application meeting with the County. (2) The County will schedule a pre-application meeting with the School District within three (3) weeks of a request being submitted to the County. (3) The County will review the proposed site for consistency with the FLUE, GGAMP, lAMP, as well as the LDC and fundamental planning and design principles including compatibility with surrounding uses, complementary pattern of development, landscaping and buffering concerns, stormwater management, configuration of the traffic circulation systems, consideration of natural resources and mitigation of on-site and off-site negative impacts. The County will provide a consistency determination based only on the iocational criteria of the FLUE and whether the Plant is a permitted use, conditional use or prohibited use in the zoning district on the site. Consistency with all other Elements of the GMP will be determined during the SBR Review process. The following additional information will be submitted to determine major issues that may affect site feasibility: (a) Land Use. A general location map showing surrounding development with the property outlined, a recent aerial of the site showing boundaries, source and date and a map and summary table of existing land uses and zoning within a radius of 300 feet from the boundaries of the subject property. (b) Future Land Use Designation. A map of the subject property designating each use, such as elementary, middle, or high school and whether such use includes a stadium, with acreage tables for each l~nd u~W:~.ArI~I designation. I No.~ 12 (4) (5) (6) (c) (d) (e) (f) Environmental. A recent aerial and summary table of native habitats and soils occurring on the site; a table of Federal and State listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site. Growth Management. Identification of any Area of Critical State Concern and Development of Regional Impact. Timing and Impact of Development. Indication of whether the proposed site is intended for inclusion in the School Board's capital plan projection and if so, identification of the year. Public Facilities and Transportation. The School Board will indicate the proposed existing Level of Service Standards (LOS) and the School Board's provider and method of treatment for potable water and sanitary sewer services, Arterial and Collector roads, drainage and solid waste facilities. Where applicable, service availability letters will also be provided. The School Board will provide a map detailing the location of existing services and public facilities that will serve the proposed site. (g) The School Board will identify any flood zone, wellfleld, traffic congestion boundary, coastal management boundary and high noise contours which relate to the proposed site. Within 45 days of the submission of the information outlined in Section 4.A(3) of this Agreement, the County will provide written comments and recommendations to the School District along with a determination of the site's consistency with the GMP locational criteria and LDC zoning districts. Necessary on- site and off-site improvements will be identified for these sites and the parties responsible for these improvements to the extent this can be determined during this Iocational Consistency Review. Letter of Consistency: After the Com, ty review, the Planning Services Director, or his designee, shall issue a Letter of Consistency for the GMP locational criteria and whether the Plant is a permitted use, conditional use or prohibited use in the zoning district on the site, which shall evidence the County's determination of consistency as required by Section 1013.33(11) Florida Statutes. After the County has determined that the site is consistent the GMP Iocational criteria and LDC zoning districts, the Scl~ 13 ith >ol HAY 2 ? 2011 t District shall have up to one year to acquire the site. Once the site is acquired, the site shall be deemed to remain consistent regardless of later changes to either the GMP or LDC. (7) After the School District acquires the site and provides the necessary documentation for the County to initiate an amendment to the GMP, the County and School District will enter into a written agreement as part of the pre-application process detailed in Section 6 (D)(2) of this Agreement, as to the timing and location, and the entity or entities responsible for construction, operation and maintenance of the required improvements. 5. SCHOOL BOARD REVIEW The County will conduct an expedited site plan reviexv for ali Educational Plants and Ancillary Plants to ensure compliance and/or consistency with the GMP, fundamental planning and design principles, compatibility with surrounding uses, complementary pattem of development, configuration of the traffic circulation systems, consideration of natural resources and mitigation of negative impacts, as follows: Collier County Utilities Standards and Procedures, Ordinance No. 01-57, as amended. (1) In accordance with Ordinance No. 01-57, that portion of the water and/or wastewater system that lies in the public rights-of- way or in County utility easements (CUE) shall be conveyed to the Collier County Water/Sewer District, prior to the issuance of the Certificate of Occupancy. (2) All water and wastewater systems shall be built in accordance ~vith the Collier County Utility Technical Standards Manual in effect at the time a SBR Letter of Compliance is requested. (3) Division 3.16 of the LDC designed to protect local government water supply wellfields from land uses that may pollute shall apply. (4) Off-site improvements shall be in accordance with the current update of the Water and Wastewater Master Plan and must include any agreement necessary to assign the responsibility for the cost of upsizing said water and/or wastewater facilities. (5) The School District shall be responsible for all materials and/or real property required for the water and/or wastewater system. Any expansions and/or renovations to existing school facilities shall require a review by the Collier County Engineering Services Department to determine the need for a change in meter sizing and additional grease traps. (6) South Florida Water Management District (SFWMD) Permits shall be submitted prior to the issuance of an SBR approv~ Bo Compatibility Review. The County will conduct a Compatibility Review which will take into account the Architectural and Site Design Standards contained within Division 2.8 of the LDC in effect at the time a SBR Letter of Compliance is requested and that pertain to issues of compatibility with surrounding uses, complementary patterns of development and mitigation of negative impacts, limited to compatibility issues, external sidewalks and pathway connections, lighting, dumpster location and screening and orientation of buildings and ancillary facilities. In addition, the Utility Billing and Customer Service (UBCS) Department shall ascertain that there is ample space for the trash dumpster(s) or compactor(s) and for the trash collection franchisee to maneuver trucks in and out of the space allowed for the dumpster(s) or compactor(s). With the exception of high school facilities, this Compatibility Review will be a courtesy review. For high school facilities, this will be a formal review process and is subject to the appeal process set forth in Section 7 of this Agreement in the event that the County denies the application based on non-compliance with the items listed in this paragraph. Landscaping and Buffering. Division 2.4 of the LDC in effect at the time a SBR Letter of Compliance is requested shall apply. The County Planning Staff will recommend an amendment to the LDC allowing administrative deviations from the landscaping and buffering standards for essential services such as Educational and Ancillary Plants. Specifically, the County will recommend flexibility in the regulations for projects where there will be joint use by the County Department of Parks and Recreation and the School District. In the event that the BCC approves the recommended amendment, administrative deviations may be granted provided the School District can demonstrate that the intent of this Division can be effectively accomplished without meeting the specific development standards. The administrative deviations shall be requested in the format set forth in Section 2.8.2.5 of the LDC. Do Environmental regulations for compliance with the Collier County GMP Conservation and Coastal Management Element in effect at the time a SBR Letter of Compliance is requested shall apply as follows: (1) On a site by site basis, County staff will determine the necessity for an Environmental Impact Statement (EIS) to be submitted. (2) The final SFWMD Environmental Resource Permit and all other agency permits for wetlands must be submitted prior to a determination that the SBR application is sufficient for review. (3) Submission of Protected Species Surveys and, if needed, wildlife management plans in accordance with Collier County's LDC and GMP in effect at the time of the issuance of the SBR Letter of Compliance along with United States Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) agency permits. ~ MAY (4) A site clearing plan must be submitted that shows the native vegetation areas to be preserved and identifies the upland/ wetlands preserve or protected species preserves. (5) The GMP requires schools to provide a set percentage for native vegetation preservation in the Rural Fringe and the Rural Lands. The School Board must comply with the set percentages of native vegetation preservation. (6) An Exotic Vegetation Removal and Maintenance Plan must be submitted and approved prior to final SBR approval. All exotic vegetation shall be removed from the site of an Educational and Ancillary Plant prior to the issuance of a Certificate of Occupancy. (7) All environmental documentation must be submitted prior to a sufficiency determination on a SBR application. Failure to submit the required documentation will result in a determination of insufficiency and the formal review process will not commence until such documentation is received and the application is deemed sufficient for review. All State Fire Code regulations as they relate to the site plan and in effect at the time that a SBR Letter of Compliance is requested shall apply. The School District shall submit all building information necessary to determine site requirements including but not limited to fire flow requirements and fire sprinkler requirements. F. Collier County Stormwater Management Policies as follows: A Drainage Plan, signed and sealed by a Florida Professional Engineer must be submitted along with design calculations in order to determine the proposed development's effect on County maintained drainage facilities. (2) SFWMD permits must be submitted prior to a determination that the SBR application is sufficient for review. (3) Easements for drainage improvements and access to them must be submitted prior to SBR approval. When necessary, the School Board will supply additional drainage easement area when necessitated by increased capacity to accommodate the proposed development. (4) If any dedications of easements for drainage, maintenance, and/or access are required, all necessary documentation to record the easement(s) shall be provided to the County prior to approval of the SBR. Prior to the County's issuance of the Certificate of Occupancy, such easements shall be approved by th, [ICC anql officially recorded. MAY 2 7 2003 16 Go Public Educational Plants and Ancillary Plants are deemed to be essential public services and as such are subject to a Capital Improvement Element (CIE) review for a public facility adequacy analysis. Minimum yard setback requirements shall be 50 feet from all property lines for principal structures and 25 feet from all property lines for any accessory structures including portable classrooms. Off-Site Impacts - In accordance with Section 6 of the Interlocal Agreement for Public School Facility Planning, the School District and Collier County will jointly determine the need for, and timing of, on-site and off-site infrastructure improvements in conjunction with the determination of the consistency of the site location with the GMP and LDC, and will enter into a written agreement at the preapplication stage pursuant to Section 6.D.(2) of this Agreement, as to the timing and location, and the entity or entities responsible for the cost, construction, operation and maintenance of the required improvements. In reaching a determination regarding responsibility for improvements, the parties will be guided as follows: (l) The School District shall be responsible for off-site improvements that are determined to be necessary to mitigate the off-site impacts of the Educational Plant or Ancillary Plant. The improvements shall be constructed by the School Board at the School District's expense, unless the School District requests otherwise in writing and the County determines and agrees otherwise in writing. The School District shall not be required to pay more than its proportionate share of the cost of the off-site improvements necessitated by the Educational Plant or Ancillary Plant. Off-site improvements include, but are not necessarily limited to, the widening of adjacent roadways and the infrastructure relevant to same when necessitated to accommodate buses (if needed); construction of required deceleration turn lane(s) at ingress(es) and egress(es) points and at any intersections within the immediate vicinity of the school site which are adversely impacted as a direct result of the same; and any other improvements determined to be necessary by Collier County Transportation Services Division and the Public Utilities Division. (2) Turn Lanes - The School District shall be responsible for turn lane improvements adjacent to and/or in the vicinity of a site, including the cost and construction of same. Necessary turn lane improvement(s) determined by Collier County Transportation Staff shall be in place prior to the issuance of the first permanent Certificate of Occupancy. When said mm lane improvement(s), whether left turn lane(s) or right turn lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way, shall be provided in conjunction with said improvementt~ determined by Collier County Transportation Staff. All tt]mian~A design criteria used shall be in accordance with the m{aimul~ . 1. 3-~'~- IMAY 2 7 2003 (3) (4) (5) (6) (7) standards as adopted by the Florida Department of Transportation (FDOT) Design Standards as required by Chapter 316, Florida Statutes. The turn lane queue length d~erminations shall be in accordance with the criteria/calculations of Chapter 17 within the Highway Capacity Manual. In conducting the aforementioned criteria/calculations the length of school buses must be considered to adequately address the turn lane queue length determinations. Sidewalks - As part of the SBR process, the School Board and County will develop a sidewalk plan which delineates the sidewalks that are necessary in and around the project to establish the most direct connection to an existing network of sidewalks. The School Board shall collect funds through the school impact fees to provide for the development of these sidewalks as delineated in the sidewalk plan. The School Board shall provide funds from these impact fees to the County. The County will be responsible for the timing, cost, construction, and maintenance of such sidewalks. The School District shall be responsible for the costs of any and all traffic signal(s) constructed due to and/or as a result of the impacts from an Educational Plant or Ancillary Plant, when it is determined to be warranted and approved by Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection, bum-in period, and final approval/acceptance of any and all traffic signal(s), the traffic signal(s) will be turned over to the County, and will then be operated and maintained by the County Transportation Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring property owner(s), that directly benefit from the installation of the traffic signal(s), will be determined based upon the percentage of usage and impact. Any and all traffic control devices and design criteria used shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, as required by Chapter 316, Florida Statutes. All traffic speed limit postings shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, and the Speed Zoning Manual as adopted by the FDOT and as required by Chapter 316, Florida Statutes. The design of all transportation related improvements shall comply with the minimum standards and any amendments thereto as adopted by the FDOT, and as required by Chapter 316, Florida Statutes. 18 (8} Any off-site improvements to be constructed by the School District, even though not required by the County, shall be subject to review by the Collier County Transportation Staff prior to construction to assure compliance with Collier County regulations. (9) In the event the School District proposes to expand an existing school site, Collier County Transportation Staff shall make its recommendations as to the improvements required to mitigate the off-site transportation impacts but only as they relate to such expansion. SCHOOL BOARD REVIEW PROCESS. The SBR for School Board projects shall be reviewed under the following expedited process: The SBR application will be reviewed only as to the criteria set forth in Section 5 of this Agreement. The SBR application submittal shall be in accordance with Section 3.3 of the LDC, but only as to those submittal requirements which are consistent with the review criteria set forth in Section 5 of this Agreement. The Parties will develop a checklist that defines the items to be submitted for a SBR review application. Do Prior to commencing construction or site preparation, the School District shall request a pre-application meeting with the County. The County will schedule a pre-application meeting with the School District within three (3) weeks of a request being submitted to the County. (1) The County will review the development proposal for compliance with the Letter of Consistency required in Section 4.A of this Agreement. (2) The parties will discuss and enter into a written agreement as to the timing and location and the entity or entities responsible for the cost, construction, operation and maintenance of the required offsite improvements. Any requirement that the BCC approve this written agreement at a public hearing is not a prerequisite to the School Board's ability to proceed with any County review that may be necessary under this Agreement. At least 120 days before commencing construction or site preparation, the School Board shall submit the SBR plan for the proposed Educational Plant or Ancillary Plant to the County for SBR approval. (1) The County shall have 14 days to determine whether the submittal is complete and sufficient. If the application package is not sufficient for review, the County will request a~ information from the School District. 19 MAY 2 7 (2) Once the application package is sufficient, the County shall have 90 days to complete the review and issue a Letter of Compliance. The 90 days may be extended upon agreement of the County and School District. Once an affirmative determination has been rendered, the School District may obtain building permits and commence construction. (3) Failure by the County to issue a Letter of Compliance within 90 days after determining the application package sufficient for review shall be considered an approval. However, if within 90 days, the County denies the application based on non- compliance with the relevant standards of this Agreement, the SBR shall be considered denied and the School District shall be authorized to pursue an appeal. Letter of Compliance: After the expedited review and the County's determination of compliance with the terms of this Interlocal Agreement, the Planning Services Director, or his designee, shall issue a Letter of Compliance, which shall evidence the County's approval of the SBR. In the event that there is disagreement as to the School District's compliance with any site plan requirement set forth in this Agreement, the Planning Services Director shall, at the request of the School District Superintendent's designee, provide the County's determination and the basis of it in writing to the Superintendent's designee. Absent further successful negotiation on the issues, the School District shall be authorized to appeal the decision of the Planning Services Director as described in Section 7 of this Agreement. The parties agree that the School District shall not request reviews and that County review is not requested or required for: (1) The placement of temporary or portable classroom facilities; or (2) Proposed renovation or construction on existing school sites, with the exception of construction that: (a) (b) (c) (d) changes the primary use of a facility, includes a stadium, results in a greater that five percent (5%) increase in K- 12 ~tudent capacity, or encroaches upon the established setbacks as set forth in this Agreement Should the SchoOl B~ard place temporary or portable classrooms on a site, the School Board will supply additional data to the Fire Code Office for review pursuant to Rule 4A-58, Florida Administrative Code. In addition, the School Board will supply the Public Ut'flifieS Di~vision with' additional data on temporary and portable classroom facilities ~lati. concurrency issues related to water and sewer capacity and to the p~ 2O ,per.~~ MAY 2 7 2003 sizing of water meters and grease traps. No other reviews will be required for temporary or portable classroom facilities. SBR and Consistency Review Fees: The County will develop a review fee for the processing of the SBR and Consistency Review applications submitted by the School Board. The School Board will pay standard County review fees for all other related project review services. APPEAL: In the event that the County denies the application based on non- compliance with relevant standards of this Agreement, or in the event the Superintendent's designee and the Planning Services Director disagree regarding the interpretation of this Agreement, the School District may request an appeal to the BCC. However, appeals regarding issues pertaining to the Fire Code will be made to the Board of Appeals and Adjustments under the established procedures for this Board. A request for appeal shall be filed in writing with the Planning Services Director. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. The BCC shall hold an advertised public hearing on the appeal and shall consider the decision of the Planning Services Director, the position of the School District and public testimony. In the event that the BCC upholds the decision of the Planning Services Director, the School District shall then be authorized to pursue any legally available action or remedy to resolve this matter. In the event that the BCC upholds the position of the School District, the BCC shall direct the Planning Services Director, or his designee, to issue a Letter of Compliance that is consistent with the findings and conclusions made by the BCC at the appeal hearing. The County will initiate an amendment to the Land Development Code to exempt Ancillary Plant conditional use approvals from expiration, as long as the Plant is listed on the School Board Capital Outlay Plan from the time the conditional use is granted until the property is developed. Any GMP amendments that the County is required to consider pursuant to this Agreement shall be initiated in the next available amendment cycle. Any LDC amendment that the County is required to consider pursuant to this Agreement shall be initiated in the third LDC amendment cycle in 2003. Exceptions to this time line are for sites that may be impacted by the Rural Fringe GMP amendments, as noted in subsection 3.E.(2) of this Agreement, and FLUM or Map Series amendments for sites yet to be acquired by the School Board. I0. As set forth in the preamble to this Agreement, the purpose of this Interlocal Agreement is to meet the intent and requirements of Section 1013.33, Florida Statutes. In the event that Section 1013.33, Florida Statutes, is amended or repealed to delete or exempt the coordination of public educational facilities construction with local government comprehensive plans and implementing land development regulations, then notwithstanding the term of this Agreement set forth below, this Agreement shall become null and void. 11. This Agreement replaces and supercedes the 1996 Interlocal Agreement defined herein. With such replacement, it is understood and agreed by the parties th t '-~:Atriums rreu " School Board has agreed to replace the 1996 Interlocal Agreement ~,~ with~~ 21 MAY 27 2003 the expedited and abbreviated Consistency Review and SBR process based upon the good faith representations of the County in pursuing and implementing the GMP amendments and the LDC amendments contemplated in this Agreement. 12. Should any GMP amendment or LDC amendment required to be initiated under this Agreement fail to obtain the required approval by the BCC, then the parties shall renegotiate the provisions related to the failed amendment. The renegotiation of such amendment only affects the validity of that portion of the agreement related to the failed amendment, and the remainder of the Agreement remains in full force and effect. 13. Between the effective date of this Agreement and the effective date of any GMP amendments or implementing LDC amendments that are not dependent upon the adoption of the GMP Amendments, any of which are required to be initiated or considered by the County under this Agreement, the provisions of this Agreement shall control, to the extent that the Agreement is not inconsistent with the current GMP. The parties understand that this provision's intent is to follow the procedures set forth in this Agreement, such as the consistency review process, the School Board Review process, and the determination of zoning based on the Agreement so long as the property is deemed an allowable use in the GMP, regardless of the current LDC provisions, except as limited by the PUD provisions of this Agreement. This provision is supported by the zoning in progress rule as set forth in Smith v. City_ of Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980). 14. The term of this Agreement shall be for a period of six years; provided, however, both parties agree that this Agreement shall be reviewed and, if necessary, updated every two (2) years. 15. This Agreement may be executed in any number of counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument and be the Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officials on the dates set forth below. ATTEST: DWIGHT BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk (SEAL) Date: 22 TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigei, County Attorney ATTEST: COLLIER COUNTY SCHOOL BOARD By: Dr. H. Benjamin Marlin, Superintendent Date: By: Linda Abbott, Chair Date: 404765_1 23, MAY272003,~,.~_ I