Agenda 05/05/1998 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, May 5, 1998
9:00 A.M.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS blUST REGISTER WITH THE COUNTY ADMI~/ISTRATOR
PRIOR TO THE PRESENTATION OF TIlE AGENDA ITEM TO BE ADDRESSED.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA
MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY
ADMLNISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETi~'G AND WILL
BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WllO DECIDES TO ,~.PPEAL 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 blADE, WHICH RECORD
LNCLUDES THE TESTIblONY AND EVIDENCE UPON WIIICIt TIlE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE ($) blINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY TIlE CIIAIR31AN.
ASSISTED LISTENING DEVICES FOR TIlE IIEARING LMPAIRED ARE AVAILABLE IN TIIE
COUNTY COblMISSIONERS' OFFICE.
LUNCtl RECESS SCllEDULED FOR 12:00 NOON TO h00 P.M.
I. INVOCATION - Res'. El~'ood Kern, Naples Church of Cod
2. PLEDGE OFALLEG~NCE
$. APPROVAL OF AGENDA AND CONSENT AGENDA
4. APPROVAL OF M'INUTES
A. April I4, 1998 - Regular meeting.
S. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1)
2)
Proclamation proclaiming the week of May 3-9, 1998 as Collier County
Tou rism Week. To be accepted by John Ayres, President of Visit Naples.
Proclamation proclaiming Saturday, May 9, 1998 as National Association of
Letter Carriers' National Food DHve Day. To be accepted by l. Jnda Kelley,
Food Drive Coordinator.
Ma?. 5, ! 998
Bo
Co
SERVICE AWARDS
1) Das'id Becket - EMS - I0 years.
2) John Kat-z~nberger - EFIS - I0 years.
3) Eric Cline - Water Department - I0 ycar~
4) Sandra Garrett - Department of Resenue - $ years.
$) Armando Lago - Road & Bridge - 5 year~
PRESENTATION5
1) Presentation commemorating the ?$t~ anniversary of the creation of Collier
County, presented by Museum Director Pon Jamro.
APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
PUBLIC PETITIONS
COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
I) Report to the Board of County Commissioners regarding current and proposed
procedures applicable to requests for waiver of established development review
and building permit fees.
2) Jerr~ F. Kimbrell, representing the lmmokalee Ministerial Association,
requesting a waiver of the fee for a right-of-way permit, for an event in
lmmokalee, FL.
Albert and Germaine Von Steinner, requesting a waiver of the fee for an
administrative variance for a dock at 339 Landmark Street, Marco Island,
Florida.
4) Victor A. Valdes, rep~ ,:seating Benita GaHbay, requesting a waiver of the fee
for a re~one petition, f.~r property in Immokaiee, Florida.
5) Extension of lnt:rlocal Agreement between Collier County and the City of
Marco Island for the County Planning Sersices Department staff to provide
planning services to the Marco Island Planning Board aud Marco Island City
Council
PUBLIC WORKS
PUBLIC SERVICES
SUPPORT SERVICES
I) This item has been deleted.
2
~y 5, 1998
11.
12.
13.
2) Approval to amend Sol;d Waste Mandatory Collection Ordinance ~'0-.10, -.
amended, and incorporate said amendments Into existing Franchisee Service
Agreements with 'vVa~te Management, Inc. and lmmokalee Disposal
COUNTY ADMINISTRATOR
F. AIRPORT AUTtIORITY
COUNTY ATTORNEY'S REPORT
BOARD OF COUNTY COMMISSIONERS
A. Discussion regarding Marco Island Coast Guard Station (Commissioner Norris)
B. Di~cusslon and consideration of re~olution and draft ordinance on ethics adopted by the
Collier County Republican Execufire Comm~ .~ee on April 6, 1998.
C. Recommendation to extend the Lake TralTord Restoration Ad Hoc Ta~k Force through May
7, 1999, and re-appoint/appoint memberx
OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
B. PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
14.
15.
16.
ADVERTISED PUBLIC HEARINGS - BCC
COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
C. OTHER
BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
B. OTHER
STAFF'S COMMUNICATIONS
BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
CONSENT AGENDA - AJI matler~ lis~ed under this Item are core,tiered to be routine and
action will be taken by one motion without separate di~cusslon of each item. If discussion ia
de~lred by a member of the Bo&rd, that item(s) will be removed from the Consent Ak, enda and
considered separately.
3
May 5. 1998
Bo
Ce
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Deferral of one hundred percent of the impact fees for 101 units of a 168 unit
affordable housing project known as Arbor View Apartments Affordable
Rental Unit~, to be built by a Florida Limited Partnership, and subordination
of lien.
2)
Request to approve for recording the final plat of'Wildcat Cove Two" *nd
approve Ihe vacation of a portion of Sterling Oak~ Drive, and portions of the
plats of Sterling Oak~ and Wildcat Cove, petitions AV-97-,024 and AV-97-026.
3) Request to approve the final plat of "Vanderbilt pine~"
4)
Request to approve for recording the final plat of "Huntington Lakes Unit
Four"
5) Assignment Agreement for easement for Pelican Marsh, Unit 13
6) Assignment Agreement for casement for Pelican Marsh, Unit 15
PUBLIC WORKS
1)
Approve Change Order No. I ~itb Mid-Continent Electric, Inc. for additional
cons/ruction ~cr'vices for Sugden Park, Bid No. 97-2731.
2)
Appro~'e Change Order No. I to Work Order #CDM-FT-98-3 for Odor
Monitoring and blodellng Stud)' of the Naples Landfill and the South County
Regional Water Treatment PlanL
3)
Accept Conveyance of a Utility Easement and Temporary Con~tructlon
Easement for utility and maintenance of ~ewer and water lines to Sugden
Regional Park.
4)
Approval of a Utility Facilities Reimbursement Agreement with NTC
Development LTD.
Accept proposal by Kyle Conrlructiou, Inc. to conslruct the Collier County
Water-Sewer Di~lrict and City of Naples Water System Interconnect, Project
No. 70040.
PUBLIC SERVICES
SUPPORT SERVICES
I)
Approval of a Third Amendment to Lea.~ Agreement with the Collier County
Agricultural Fair and Exposition, Inc. (Collier County Fair Board).
COUNTY ADMINISTRATOR
1) Budget Amendment Report
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
May 5. 1998
1)
~;atis'factlon of Lien: NEED MOTION authorizing the Chairman to Jig~
Satisfaction of Lien for Servicts of the Public Defender for Ca.se Nos.: 91-4437-
"FMC, 9 ]-1694-MM.A, 88-691-CFA, 91-1291-IT, 90-1582-TM,
664 l-TM, 88-:30 ! 4-TM, 90-4932-TM, 90-542 I-TMC, 92--6939-MNLA, 95.-524-
CFA.
H. OTHER CONSTITUTIONAL OFFICERS
L COUNTY ATTORNEY
I)
Recommendation that the Board of County Commissionerl a~ ez.-ofl'~clo the
governing body of the Collier County Water-Sewer District approve the
Stipulated Final Judgment relative to the easement acquisition on Parcel No~.
904A, 704B, 904B, 704C and 904C, Richard L. Jaeger, Trustee in the lawsuit
entitled Collier County v. t4/iHiam ,4. Kinsley, et al., Case No. 96-1315--CA..01-
DRM. (North County Regfonal Water Treatment Plant 8-MGD Wellf~eld
Expansion Project, 70~59/70828).
J. AIRPORT AUTHOR/TY
17. ADJOURN
INOUFRIES CONCERNING CHANGES TO TIlE BOARD'S AGENDA SItOULD BE MADE TO THE
COUNTY ADMINIST ,RA, TOR'S OFFICE AT 774-8383.
5
May 5, 1998
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
MAY 5, 1998
ADD: ITEM 8(A)6 Approve funding A.S.A. Properties In-Line Skating
Competition $40,000 in Tourist Development Funds. (Staff Reqnest)
ADD: ITEM 10(D) Appointment of Commissioner to the Noise
Compatibility Committee (Commizsioner Berry) (Staff Reques0
DELETE: ITEM 8(A)3 Albert and Germaine Yon Steinner, requesting a waiver
of the fee for an administrative variance for a dock at 339 Landmark Street, Marco Island,
Florida. (Staff Request)
DELETE: ITEM 16(A)2 Request to approve for recording the final plat of
~'Wildcat Cove Two" and approve the vacation cf a portion of Sterling Oaks Drive, and
portions of the plats of Sterling Oaks and Wildcat Cove, petitions AV-97-024 and AV-97-
026. (Staff Request)
PROCLAMA TION
WtlEREAS, the travel and tourism industry supports the vital interests of Collier County,
contributing to our employment, economic prosperity, peace, understanding,
and goodwill; and
I~tlEREA$, travel and tourism ranks as one of Collier County's largest industries in terms
of revenues generated; and
WHEREAS, approximately 3.000. 0,90 travelers visiting Collier County contributed 27.53%
of the annual tarable sales to the economy in 1997; and
WHEREAS, those trm'elers provided jobs for approximately 22, 000 citizens in Collier
County: and
IFttEREAS, travel and tourism praV ides 'emplo) Vne ~t'fOr.. more people than an othe['
gtven jh~e.~dable contrtbutto~ to the~e~no~t¢ ~al, and cultural well.
oemg 0I~ cmzens ¢Cqllier Coun¢,. tt is~tffng t~ ~e recognize the
ImPolite of trm;~l ahd tourism..:~..'.,'.'::;:.'.::; .....
~¢~,~ ;, . ~ ; .' . : ,.~ ..,~ ..... ~ ~r~,~ ..~.:'~
' ~ ~ .... , , - ' ' -., '. . ....
.~;', ~ , .:.,,., ,, .:,.,,,~.....~[...,.. '~ ~'" ~.~
OJ ~t proc/aimed by' the ~d of Co~n~ Commt~
"~.. _~'.~.:~.~:~[ ~ '~' -~2' ',' 5 ' ~,' ~,,, ,'
NO W TttEREFO~, ~'b~' ' toners of Collier
C'o~,(~]orida: t~ 'the.,~ 'eek hiMS'.7-9, 1998 be.~[m~a as
DONE AND
DWIGHT E. BROCK, CIJ..'R.K
BARBARA B. BERRY, CHAIRM~
PR OCLAM.A TION
WHER£A& The National Association of Letter Carriers has identified a need in their
communities and are acting to help through a national food drive: and
WtlEREA& postal employees in Naples and Marco are participating in this food drive for
the sixth consecutive year; and
WHEREAS, the food given in this food drive will be donated to Collier Harvest to meet the
needs of the county by supplying the many local food pantries which serw the
hungry and homeless; and
WtlEREAS, last year our area ranked with the top 200 branches natiomvide in collecting
over 80, 000 pound~ o f food from postal customers in Naples and Marco; and
~IrHEREAS, Collier County is proud ro thank ail those who donate food and the postal
emp, loY~ks i{,h~'pitt it, the extra eff°rt'thb't m~kts each year a success.
2VOW rnee,rova i" 3 i~ ~roclaimed by the Board of County Comm!ssi~oners of Collier
~ .";C'f';;,.,'~~ ,' ~, ~. . :: ,~ ,,.,,.~,~'
~~orida, th~at,Xaturday, May 9,
' '?fN'J["q"/'t 3'. ' ,' ' · ' ' ',
:.Y, TIONAL'A$$O(IATIOhi OFI. ETTER
'~ '::."'~ ~.5~:i.~(;~.,. :NA TIO?/A~ FOOD D~DA Y
' 'THIS 5Ih D~'bfMav, 1998
DONE AND 0~~ ......... ·
A TITXT:
CLERK
AGENDA ITEM
HAY- 1998
EXECUTIVE SUMMARY
REPORT TO TIlE BOARD OF COUNTY COMMISSIONERS REGARDING
CURRENT AND PROPOSED PROCEDURES APPLICABLE TO REQUESTS FOR
WAIVER OF ESTABLISHED DEVELOPMENT REVIEW AND BUILDING PERMIT
FEES.
OBJECTrlVF,4 To provide a comprehensive report to fne Board of County Commissioners
(Board) regarding current procedures for processing fee waiver requests and to provide the
Board with staff recommendations for consistent procedures for processing requests for fee
waivers for certain development related activities for which a specific fee has been set forth in
the Development Services Schedule of Fees (Resolution 96--594).
CON$1DE.RATION: Revenues for 113 (Community Development Enterprise Fund) are
generated from fees established in the Schedule of Development Review and Building Permit
Fees. It is a Board policy that requests for waiver of such fees be granted only by the Board.
The term waiver is a bit of a misnomer in that, should a waiver be granted, it is necessary to
transfer the funds from the General Fund Reserves (001) to the Community Development
Enterprise Fund (113).
Applicants requesting a fee waiver have, in the past, been directed to request Board
consideration of such request by public petition. Since the Board policy is that no action be
taken on a public petition item at the meeting in which the petition is presented, the applicant
was directed to provide any pertinent information to the appropriate staff, who would then
prepare an executive summa,'3' for the Board's con3ideration. Recently, by direction of the
County Administrator, requests for waiver of development and building permit fees are
processed directly by the applicable Community Development & Environmental Services
department (Building Review and Permitting, Planning, etc.). This alleviates the necessity of
requesting such waivers via public petition. In this way the Board will only hear the request
one time.
Under current policy, there is no circumstance in which staff is empowered to administratively
approve a fee waiver request. Neverthe:ess, there has been a long-standing policy in place with
respect to recurring annual fee waive[s for right-of-way permits (to place temporary signs
within the fight-of-way) which, in practice, oversteps the staWs admini$trative authority.
Applicants who have been granted a waiver of right, of-way permit fees to place temporary
signs within the right-of-way have been administratively granted the fee waiver for
consecutive annual requests which are the same in nature as the original waiver request granted
by the Board. Although staff indicates that this has been policy for many years, this process is
problematic in several ways.
First, as previously stated, I am of the opinion that staff has not been granted authority to
waive fees. Second, in these cases, this process does not address ;puPn~l~!i~i.~
procedures; i.e., there has been no tran';fer of funds from the General
the Community Development Fund (113). Third, this policy does not provide
for a maximum
MAY 0 5 1998
number of years after which an applicant would then be required to re-request the fee waiver
from the Board.
The following table illustrates the number and types of development review and building
permit fee waivers granted by the Board over the past three years. Impact fee waiver or
alternative fee calculation requests are handled independently and are not part of this
procedural review.
Year Petition Type Established # of Waivers Fiscal
Fee Granted Impact
1995 Temporary Use Permit $75.00 10 $525.00
ROW Permit* $75.00 9 $675.00'
Building Permit varies 0 $0.00
Carnival Circus Permit $200.00 5 $1,000.00
Land Use Petitions varies 0 $0.00
Total 1995 19 $2, 200. 00
'! 996 Temporary Use Permit $75.00 8 $600.00
ROW Permit* $75.00 12 $900.00
" Building Permit ' ' varies I ~ $36.00
Carnival Circus Permit $200.00 5 $1,000.00
Land Usc Petitions varies 0 $0.0~'
Total 190~-' I 21 S2, 536. 00
1997 Temporao' Use Permit $75.00 t 9 $675.00
ROW Permit S7.5.00[ 12 $900.00
Building Permit v~,rics 0 S0.00' ~
Carnival Circus Permit $200.00 2 $400.00
Land Use Petitions varies 0 $0.00
Total 1997 17 $1,975. 00
Total '95,'96,'97 57 $6, 711.00
* This includes ROW permits for temporary signs in the ROW that were administratively approved.
As indicated in the above table, the great majority of waivers of development review and
building permit fees approved by the B~ard have been for temporary use and ROW permits to
place temporary signs within the ROW. There have only been occasional waivers of building
permit or land use petition fees.
FISCAL IMPACT: Based on staff research, the average annual fiscal impact resultant from
these types of fee waivers is $2, 200.00 per year. Of course th.is amount could be significantly
higher ifa building permit or land use r~etition fee is waived.
GROWTH M,ANAGEMENT IMPACT: Any policy decision'~ made by the Board with
respect to processing and reviewing fee waivers will have no impact on the Collier County
Growth Management Plan.
STAFF RECOMMENDATION(S]: Scarf r,x. ommendations are a; follows:
MAY 0 5 '{998
,. ~. t~
That Resolution 96-594 establishing thc Schedule of development review and building
permit fees be amended to expressly provide for the Board~; ability to approve fee
waivers and to set forth the procedure for requesting said fee waivers.
That requests for waivers of development review and building permit fees continue to
be submitted directly to the appropriate Community Development & Environmental
Services Division staff, who will prepare an executive summary for consideration by
the Board.
a)
b)
c)
That such requests include a statcmcnt indicating the reason for the fcc waiver request
and the nature of the organization requesting the fee waiver.
That the Board consider allowing fee waivers for Temporary Use Permits for special
events and for ROW permits to place temporary signs within the ROW which are
recurring, subject to the following criteria:
Fee waivers for recurring events within any 12- .month ~efiod.~ The Board may
grant a single fee waiver to cover multiple recurring events within any 12-
month period provided the number of events during that 12-month period does
not exceed 12 and that no more than one event is scheduled in any 30 day
period.
Fee waivers for recurring annual and semi-annual events, The Board may grant
a single fee waiver to cover multiple recurring events within any 3-year period
provided the total number of events does not exceed 6 and that no more than 2
events are scheduled within any 12 month period.
Limitatio.ns on fee waivers for...recut~ events. Requests for waivers of fees for
recurring events shall specie? the number of events and approximate date or
expected occurrences of such events. Events exceeding the number or time
fcames approved by the Board shall require the submission of a new request for
fee waiver.
Due to the relatively low to'.fl annual dollar amount of fee waivers, staff I of the
opinion that a separate budge: line item is not necessary. Rather, with each executive
summary requesting a waiver of development review and building permit fees, staff
will identify the fiscal impact of such waivers on the General Fund Reserves (001)
year-to-date.
SUBMITTED
REVIEWED
BY:,//~/~ ~ Date: /~2z/P ~
· R~oert J. Mulhere, AICP
Planning Services Department Director
rvjncent A. Cautero, AICP
Community Development & Enviromnental Services Ad
niniatrator
~AY 0 5 1998
EXECUTIVE SUMMARY
JERRY F. KIMBRELL, REPRESENTING THE
IMMOKALEE MINISTERIAL ASSOCIATION,
REQUESTING A WAIVER OF THE FEE FOR A RIGHT-
OF-WAY PERMIT, FOR AN EVENT IN IMMOKALEE,
FLORIDA
OBJECTIVE:
The Petitioner requests a waiver of the required $125 application fee for a right-of-way
permit for a temporary street closure on May 30, 1998 in Immokalee.
CONSIDERATIONS:
The Right-of-Way Ordinance (Ordinance 93-64) identifies the need to temporarily close
County rights-of-way for cedain special events. Tho required application fee for such a
permit is $125. The Immokalee Ministerial Association plans to organize the 1998
March for Jesus, in conjunction with the national March on May 30, and requests the fee
waiver on that basis.
FISCAL IMPACT:
The required application fee for such r. permit is $125. If the fee waiver is granted, it will
be necessary to transfer funds from th, ~ General Fund (001) Reserves to the Community
Development Fund (113) to defray th6 review and processing costs of the right-of-way
permit. At the time of the preparation of this Executive Summary, the Board has
approved development and building permit fee waivers in this fis~l year totaling
approximately $675. Several additionRI requests for fee waivers are pending for Board
consideration on Apdl 21, 1997 and two additional fee waivers are scheduled to be
considered at the May 5, 1998 BCC m,aeting.
GROWTH MANAGEMENT IMPACT:
None.
AGENDA n'EM
HAY 0 5 'B98
RECOMMENDATION:
Fee waiver applications may or, iy be approved by the Collier County Board of County
Commissioners. Since fee waivers are requested by a wide variety of individuals and
organizations, for various reasons, it is necessary for the Board to evaluate the
conditions and reasons which underlie the fee waiver application on a case by case
basis. Therefore staff can only recommend denial for fee ~raiver requests.
PREPARED BY:
FRED_~EISCHL
CURRENT PLANNING
I~VIEWED By~
RI~NALD ~ NINO, AICP
CURRENT PLANNING MANAGER
DATE
DATE
ROBERT J. MULHERE, AICP DATE
PLANNING SERVICES DIRECTOR
VINCENT A. CAUTERO, AICP DATE
COMMUNITY DEVELOPMENT & ENV. RONMENTAL SERVICES ADMINISTRATOR
EXECUTIVE SUMMAR. Y/P, OW PERMIT FEE WAIVER
,MAY 0 5 1998
COI,I, R ADMINISTRATOR'S OFFICE
April 8, 1995
3301 E. TAMIAMI TR.
NAPLES, FL 34112
(941) 774-8383
FAX (941) 774-4010
A CERTIFIED BLUE CHIP COMMUNITY
Jerry F. Kimbrell
lmmokalee Ministerial Association
1411 Lake Trafl'ord Road
Immokalee, Florida 34142
Dear Mr. Kimbrell:
This will acknowledge receipt of your request for a waiver ora permit fee to conduct the "1998
March for JESUS" in lmmokalee,
Please be advised that your request has been forwarded to the Collier County Community
Development DMsion and will be presented to the Board of County Commissioners as a staff
item as soon as it has been reviewed. You will be contacted by start'and advised ofthe date
scheduled for the presentation.
If you have any questions regarding the above, please c~o not hesitate to contact this office.
yours,
County Administrator
RFF/BP
Community Development Division
County Attorney
MAY 0 5 1998
EXECUTIVE SUMMARY
ALBERT & GERMAINE VON STEINNER, REQUESTING
A WAIVER OF THE FEE FOR AN ADMINISTRATIVE
VARIANCE FOR A DOCK AT 339 LANDMARK STREET,
MARCO ISLAND, FLORIDA
OBJECTIVE:
The Petitioner requests a waiver of the required $200 application fee for an
Administrative Variance for a boat dock facility at 339 Landmark Street cn Marco Island.
CONSIDERATIONS:
Section 2.6.4.2 of the Land Development Code permits administrative approval ot' minor
after-the-fact yard encroachments subject to certain criteria. The Petitioner states that
the subject encroachment meets the criteria for an Administrative Variance, however, at
the time this Executive Summary was written, no Administrative Variance request had
been received. Resolution 95-64 established a schedule of development related review
and processing fees which identifies an Administrative Variance review fee as $200.
The Petitioner requests a waiver of that fee for the following reason: he is a cancer and
heart patient and requires eleven pills daily.
It should be noted that the Petitioner has filed a complaint against a neighboring
property owner for an encroaching dock. This has resulted in that property owner filing
a $425 variance request which is scheduled before the Marco Island City Council.
FISCAL IMPACT:
The required application fee for an Adrr~inistrative Variance is $200. If the fee waiver is
granted, it will be necessary to transfer funds from the General Fund (001) Reserves to
the Community Development Fund (113) to defray the review and processing costs of
the variance. At the time of the preparation of this Executive Summary, the Board has
approved development and building permit fee waivers in this fiscal year totaling
approximately $675. Several additional requests for fee waivers are pending for Board
consideration on April 21, 1998 and two additional fee waivers are scheduled to be
considered at the May 5, 1998 BCC meeting. AGF~DA ITEM
HAy 05 1998
W,,,. / -
GROW"tH MANAGEMENT IMPACT:
None.
RECOMMENDATION:
Fee waiver applications may only be approved by the Collier County Board of County
Commissioners. Since fee waivers are requested by a wide vadety of individuals and
organizations, for vadous reasons, it is necessary for the Board to ev..',luate the
conditions and reasons which underlie the fee waiver application on a case by case
basis. Therefore staff can only recommend denial for fee waiver requests,
PREPARED BY:
FRE~.~UEISCHL -
CURRENT PLANNING
,/'~ EWE D BY:
CURRENT PLANNING MANAGER
DATE
DATE
ROBERT J. MULHERE, AICP DATE
P~SERVICES DIRECTOR
VINCENT A. CAUTERO, AICP DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR
EXECt]TIVE SUMMARY/ADMINISTRATIVE VARIANCE FEE WAIVER
2
MAY 0 5 1998
339 landmark St
Marco Island Fi. 34145 April 13th 98
Ms. M Arnold, mgr of code enforement
2800 N Horseshoe Dr, Naples Fl. 34104
Dear Ms. Arnold
My wife Germaine yon Steinner & myself hereby request a complete
waiver( adminstration waiver) of the $ 200.00, which is the nor-
mal price, however as we have advised you before I am a cencer &
heart patient and have a ruff.' time, especialy due to my 6 cancer
& 5 heart pills per day. Thereforth we plead that this $ 200.
fee will be dropped ( bk. 188 lot # 8 unit 7.
We are thanking you in advance for your help in this case as this
dock was installed a good ten years ago by Day Tripp & etc,how-
ever since our new neighbor has lodged this complaigt of about 2"
ober the 32 Ft dock. Its a true shame that this ne~'neigbor has
taken this position.
Albert & Germaine yon steinner
copy for my records
MAY 0 5 998
EXECUTIVE SUMMARY
VICTOR A. VALDISS, REPRESENTING BENITA
GARIBAY, REQUESTING A WAIVER OF THE FEE FOR
A REZONE PETITION, FOR PROPERTY IN
IMMOKALEE, FLORIDA
OBJECTIVE:
The Petitioner requests a waiver of the required application fee for a rezone petition for
property located in Immokalee.
CONSIDERATIONS:
Code Enforcement action has resulted in a situation where the property owner must
remove a mobile home from the property ,.,r rezone the property to an appropriate
zoning district. In either case, the subject structure will need to be replaced or
refurbished in order to meet building and life .~ afety codes. The Petitioner states that the
property owner has agreed to request a rezone the subject property, but does not have
the money for the required rezone epphcation fee ($1,800 plus $25 per acre) and is
requesting this fee waiver on that ba~ 's.
FISCAL IMPACT:
The required rezone application fee is $1,800 plus $25 per acre. If the fee waiver is
granted, it will be necessary to transfer funds from the General Fund (001) Reserves to
the Community Development Fund (113) to defray the review and processing costs of
the rezone petition. At the tir,~ of the preparation of this Executive Summary, the Board
has approved development and bui{ding permit fee waivers in this fiscal year totaling
approximately $1400.
GROWTH MANAGEMENT IMPAC'I"
None.
¸'0
RECOMMENDATION:
Fee waiver applications may only be approved by ~he Collier County Board of County
Commissioners. Since fee waivers are requested ;':..~ a wide vadety of individuals and
organizations, for vadous reasons, it is necess;,,y for the Board to evaluate the
conditions and reasons which underlie the fee wa .'er application on a case by case
basis. Therefore staff can only recommend denial ;Jr 'iee waiver requests.
PREPARED BY:
FRED
CUR-RE~NTSCHL
PLANNING
DATE
RoNA~.l~ F. NINO', ATCp
CURRENT PLANNING MANAGER
DATE
DATE
-~OBERT J. MULHERE, AICP
PLANNING SERVICES DIRECTOR
VINCENT A. CAUTERO, AICP DATE
COMMUNITY D~./ELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR
EXECi, YTIVE SUMMARY/FEE WAIVER
2
MAY 0 5 1998
L~S tt~.CI~tES t~.~:
pr.~ al
Ma~3~ 23, 19gx
Mr, Reber~
County Administralor
Collier County
N~les fl, 34 i 0
REF; Pubhc Pclmon. Tr~lcr in [mmokalee's Area. WAVE OF FEE.
Dear Mr. Ferrmnd~z
On Febn,ary 7, 1998 ! was in front of Collicr County Boezd of Commts.~ioners on
Item # 7A regarding the u~ ora trailer in immoir~ee and after · discussion on the Item The
Commissmners :hrcctcd thc sail'to handle thc mattcr.
The Code Enforcement's st~ff and my self, [~fing Garil:~y fa,ally! reach to
an aSrccmcnt. "The family will request · zone change, but the family do not have the money
for the fees."
Due that thc trailer is in thc site, bcfore thc code developed ~ enacted is not fair
to cl~'gc money for thc fees.
bct thc owner kccp his property, letting the poor havc theirs cfi'cams cornc truth.
Sincerely,
-'~-K-tar A. Vald~
Minorities Right~ Advoc~e.
CC:
Mrs. Benim Ga.nb~y.
Atmey:. R.e~ro
Revem~: Damo Zudt~.
Las Nacioncs News.
~ A. Yakl~, h ual mm .tierney. kc b a Jomrn~lbl and a Community Acttviet
EXECUTIVE SUMMARY
EXTENSION OF INTERLOCAL AGR£EMENT B£'I%VEEN COLLIER COUNTY AND
TH£ CITY OF MARCO ISLAND FOR THE COUNTY PLANNING SERVICES
DEPARTMENT STAFF TO PROVIDE PLANNING SERVICES TO THE MARCO
ISLAND PLANNING BOARD AND MARCO ISLAND CITY COUNCIL
OBJECTIVE: To obtain Board approval of the proposed Interlocal Agreement with the City of
Marco Island to allow County Planning Services Department staff.to continue to provide planning
services relative to land use petitions until the close ofbusiness on September 30, 1998 to the
Marco Island Planning Board and the Marco Island City Council for disposition.
CONSIDERATIONS: On December 12, 1997, Vincent Cautero, AICP, Community
Development and Environmental Services Division Administrator, Wayne Arnold, AICP, then
Planning Services Director, and Bob Mulhere, AICP, then Current Planning Manager, made a
presentation to the Marco Island Planning Board and Marco Island City Council at a joint meeting
to discuss disposition often outstanding land use petitions on Marco Island. The Planning
Services Department processed and reviev~'ed these petitions which consisted of five boat dock
applications, one conditional use application, one off-site parking application, one rezone
application, one temporary use application, and one variance application. An Agreement was
approved by the Marco City Council for County staff to provide these planning services on
January 5, 1998, and by the Board of County Commissioners on Januar)' 6, 1998. This
Agreement provided a rate of $30 per hour for statTtime and mileage reimbursement at $29 per
mile.
Staff received a request on January, 13, 1998, from the City Attorney for Marco Island (the firm
of Roetzel and Andress) to provide additional planning ser~5ces for a ninety (90) day period based
on the same terms and conditions. Staffprocessed this request and presented it to the Board of
County Commissioners on February 3, 1998 and the Board approved it.
The County received a letter from Mr A William Moss, City Manager, dated April 23,
requesting the County continue providing planning and zoning services through the balance of the
fiscal year.
!~, SCAL IMPACT: Collier County assesses fees for review of land use and zoning petitions.
The fees collected for all petitions will be deposited in the Community Development Fund 113.
GROWTH MANAGEMENT IMPACT: The proposed Agreement is consistent with the
Intergovernmental Coordination Element of the Growth Management Plan.
That the Board approve the proposed Interlocal Agreement between
-
i:PR. 2~. 1~:~1 11: :~:;'l ( I:~::~rTZEL ~,~I'tDRESS ) N0. 694 P. 2,"5
[NTERLOCAL AG~
~ IA"I'EIlLOCAL AGIUi~ is e~ im~ this 5~ day of May, 1998, by and
b~tween THE CITY OF MARCO ISLAND, FLORIDA, l~uerc~mr called be "City", and
BOARD OF COUNTY COMMISSIONER.S OF COI22t~ COUNTY, FLORIDA,
~ t~ "~". Th~ City an~ the Co~.m~y ~ refe~..d t~ ~ll~tively l:~re~ a~
WITNT~$ET~:
WI~REA~, ~ City was r~x:mly incorpo~ted ~~ ~ c~ e~b~
~ ~ ~ ~ ~~ on Au~: 28, 1997; ~
~~, ~ Cky ~ l~ ~ Co~ Co~, ~loH~; ~
~~, ~ C~u~ d:~:s ~o ass~ ~ Ci~ ~ se~ ~ of ~ c~ of
~~, S~on 163,01(2), ~o~ S~s, ~m I~ go~e~ u~m
~: of ~ ~ploy~; ~
1~. ~9.1998 11: -~ (ROETZEL~A~[SS) i NO. 69~ P.
',
~~AS, ~ Ci~ C~r p~vides ~t ~e C0~r Co~ ~d Dewlopment Code
~ eff~ on Au~ 28, 1997, s~ll be ~e ~ ~velopment re~om ~ ~e Ciu
~~, ~ Ciw ~ re~e~d ~t ~e~Co~ pm~ ~sis~ w ~ Ci~ by
~g C~W mff members for pu~o~s of re~, ~d~, adve~ f~
B~ ~o; ~ CiW Co~ for ~ CiF of ~ I~.
NOW, ~~~, ~ co~i~on of ~ mum~ ~ve~ ~~ here~,
p~s ~mby a~ee ~ fo~ows:
S~) to ~ Ciw ~ rcvi~w, ~y~, adve~s~ ~ pr~ ~ ~e pe~io~
~bm~ to ~e CounW which ~ ~ ~ Ci~ of M~o h~, to ~e M~
~l~d ~l~!~ ~d ~or ~e Ci~ C~fl of ~ C~W of ~o hl~,
by Co~W S~f ~ ~e renew, ~lys~, pm~n~on md ~b~c nod~afi~.for
~ Is~ P)~ Bo~d ~~ of ~ ~ ~flo~. C~ 5~ff~l
A~ent. Co~ Surf w~ fo~ ~ ~uom m ~ CiW
Developm~ DS~tor f~ review pHoi to F~ ex, five ~~ on e~h
rr, em~ shall be effective as of May 5,
1998, or upon the final d~x~sition of dl
~ any appeals, wht~ver is la~,
~OMPENSATION. Couaty ~ ~ l~d pi~ ~ (~0.~)
a~~. ~ S~ ~1 ~ ~ wt ~ ~.
Ci~ ~ pay for ~e for ~ S~s ~v~ ~
to ~ ~ s~ ~ ~ ~ ~~ of~~~~.
pa~ by ~e Ciw ~1 ~ gov~ ~ ~ 218,
1
~'g£LP-,,A
FIPR. ~. 199B l~: :~11~1 (I~TZELg~r~DI~SS) I'~). 694 P.4/S
Florida Prompt Payment Act). TI~ County shall invoice the City for all of th~
payments referenced above.
INSURANCE. The County'.i liability cov~rag~ will extent to both th~ County
aua County Staff for this agreement subject to normal exclusions. The City mu,st
procure its own insuranee coverage for any risks r~lated to Count? Staff's service
on behalf of th.-. City of Marco Island.
INDCMNIFICATION. To the extent permtRed by Nlorida law, the City shall,
in conside~:aIion of th~ benefits received from th~ County by the provision of
County S:a/'f services (which ar~ acknowkxlge~i to h~ve a monetary value
substiuatially in excess of $100.00), hold harmless, i-~_t!e~n;~ and defend the
County, its agems a~ employees from all suits a~ actions, tz~ludtng attot-~y
f~s and all costs of htigation and judgments of any ~ aiad descripttml, aris!_n.g
out of or ir~idental to tl~ performaw~ of ~b Agreement which results from any
negligence, intentional conduct and/or willful slid wagon behavior of tl~ City
and/or its agents and employees. This provision shall also perTa~ to any
brought again.st th~ Cou:~ by any employee of the City, any sutxTxmtraetor or
anyone directly or indir~tl¥ employ by any of them, ott thaa by Cour, ty
Staff, Th~ City's obligations u~ler this provision sl~ll only b¢ limited to tt~
ext~m provided by Florida law ami not by the City's limit of, or lack of,
sufficient insurance protection. This section shall not apply to any cla_t__m_-~ ari.sklg
from the sole negligence or intentional or willful and wanton condu~t of the
County, Cour~'y Staff, or an}, other employee or agent of the Cotmty,
TERlvffNATION. This Agreement may be termi~ted by either party by
providing forty eight (48) hour~ advlmce written notice to th~ other party. Notice
to tI~ City shall be provided to:
Harry I. Cowln, Chaimmn
City of Marco Island, Florida
1280 San Marco P~ad
Marco Islimd, Florida 34145
Notice to the County shall be pmvid~ to:
Barbara B. Berry, Chairman
Board of CO~I~ Commissioners
3301 ~.ait Tarnjsmi 'Ira.il
Naples, Florida 34112
This Agreement shall also terminate in accordance with the provisions set forth
ia paragraph 2 regarding tl~ ~erm of this Agrecam~i.
i:~R. ~9.1998 11: 31Pt~ (ROCTZEL&ANDR~SS) MO. 69~ P,5/5
Collie: County, Florida.
TKR CITY OF MARCO ISLAND,
FLORA
BOARD OF COUNTY COMMISSIONt~tS
OF COLLIE~ COUNTY
H~ I. Cowin, Cou~il Ch~km~
By:=
Barb~va B. Berry,
Attest:
A. William Moss,
City Manager/City Clerk
Appwved ~s to form a~ kg~l suffki~cy
foe the City of Marco Island, Florida:
Dwight E. Broc2:,
Ckrk of Courts
Approved as W form and legv,1 suffic~
for Colll~ County:
Kenue~ B. C~yler, Esq.
City Aum'Iz'y
~ ~, B~q.
Chief ~ County AtWmey
4
MAY 5
( ITY OF }VIARGO
ISLAND
OFFICE OF TIt'E CITY MANAGER
April 24, 1998
.Mr. Robert F. Ferc=dcz
Coat, .ty Adminir~cator
Collier Count,/Govema'nent Complex
3301 East Ta. milmi Trail
· N'aples, Florida 34112
%'LAFACSI3,LLLE 774-4010
Dca: 59. Fcrnan, dez:
The purpose of t}us letter Ps to requcst a conn. nuat~on of serv/ces provided by the Commun. i .ty
Development and Env~ro,"umcntal Ser~'~ccs Dcpar,amen:. There Ps an inter!ocal agreement benvee:a
the CIW of Marco Island and Colher Coxs' ."or ~h~ connr, uanon of spec:fled plan.rung, zoning.
and admmis~anve support unrd May 3. 1998. O:kcr dcua;~mental services ~e to be provided
until ~;eptember 30. 1998. '
We respectfull) ~k that thc mterlocal a~eume,:: bc ex~ended tmt:[ Sepu.~'~w. bcr 30, 1~95.
we arc in ~ke pr~ess of~g~zmg approgr:~:: s;.~';o ~s~.c :~cse actimtles, the extension ~l]
~it a more orderly ~ansition of these sen'ices.
Wc appreciate the support and encotu'agement offered bv the County Comnn;s~on, you, and )'our
~aff. We intend to continue to foster a good working ;elationship ~'ith Collier County in order
that we may provide to o~ mutual consmue~:s thc local governmcmt service they des~.."~'e.
I believe we have made s:gnifieant progrcs~ i:: rc~olV~,g many of the outstanding issues related to
the ~an. sinon to our incorporated status ¥o~r xml2mgncss to devote so many of your valuable
hours ronsard t~i$ endeavor, and the ~villingne.~s of the Coil/er Cotmtv Comm.ission to support our
new City, are thc reason~ this transition ~vill be successful.
Sincerely,
Ci~ Manager
AWM/bal
1280 S,0v M~Rco Ro,,D..M,mco Is~o. F~o~uD~ 041415
(941 ) 094-7040 · Fz,x; ~941 ) 394-6956
AGENDA TRANSMITTAL SLIP
D~t~ Subml~cd .M'%', I, 1905
[Accnda
Rcque~4ed A~cnd~ D~c ,M~y ~. 1905
L..~. (51 Proclamations ~__.(~,) Clerk
Approval of Minutes
PublicPeUtions ~X iSA) Commum~Dcv &E~Svcs. ~ ~ f~BI PubhcWo~ks
..... [ n (13A~ BZ~ ruouc ne~n~ , - ............
DMsion H~ ~ Da:c: ~'~-- ~ M~gcr: ~ Date: V~t A. Caut~ AICP, Ad~ni~tor
Item Title: A RESOLUTION AUTHOP,.IZING THE CHAlK,MAN OF THE BOARD OF COUNTY COMMISSIONERS TO SIGN AND SEND A
TECHNICAL L~-rrr, R OF NOTIFICAT1ON TO ALL UNITS OF GENERAL LOCAL GOVERNMENTS LOCATED IN COLLIER COUNTY.
ADVISINO THEM OF COLLIER COb,~TY'S rNTEN'T TO APPLY TO THE FEDERAL DEPARTMENT OF HUD FOR THE EXPRESSED
PURPOSE OF BEING QUALIFIED AS AN "URBAN COUNTY" AND BEING ABLE TO RECEIVE ENTITLEMENT GRANTS FOR THE
FEDERAL FISCAL YEARS 1999. 2000 AND 2001, AS REQUIRED BY THE DEPARTMENT OF HUD
List of Documents Attached:
1. Executive Summary (required)
3.
S.
2 Resolution
4.
EXECUTIVE SUMMARY
TO APPROVE A RESOLUTION AUTHORIZING THE CtlAIRMAN OF THE
BOARD OF COUNTY COMMISSIONERS TO SIGN AND SEND A TECHNICAL
LETTER OF NOTIFICATION TO ALL UNITS OF GENERAL LOCAL
GOVERNMENTS LOCATED IN COLLIER COUNTY, ADVISING THEM OF
COLLIER COUNTY'S INTENT TO APPLY TO THE FEDERAL DEPARTMENT
OF HUD FOR THE PURPOSE OF BEING QUALIFIED AS AaN "URBAN
COUIN'TY' AND BEING ABLE TO RECEIVE ENTITLEMENT GRANTS FOR
TItE FEDERAL FISCAL YEARS 1999, 2000 AND 2001, AS REQUIRED BY THE
DEPARTMENT OF HUD.
~ To have the Board of County Commissioners authorize the Chairman of
the Board to sign and send a letter (by May 8, 1998) to all units of general local
governments located in Collier County, advising them of Collier County's intent to apply
to the Federal Department of HUD for the expressed purpose of being qualified as an
"UR.BAN COUNTY" and therefore being able to receive Entitlement Grants for the
Federal Fiscal years 1999, 2000 and 2001.
C;ONSIDERATION: Collier County is in the process of applying to the Federal
Department of Housing and Urban Development (HUD) for the expressed purpose of
qualifying as an "Urban County." This federal qualification will allow Collier County to
receive Community Development Block Grant (CDBG) funds, or "Entitlement Grants,"
rather than having to compete for them through Florida's Small Cities CDBG Program.
The first step, and most important one is to have a population that exceeds 200,000.
Currently, Collier County's population exceeds this threshold (200,024 per the Bureau of
Economic and Business Research (BEB P.), located at the University of Florida in
Gainesville)
That is the purpose of the notification letter is to inform all units ofgeneral local
government (City of Naples, City of Marco Island and City of Everglades) that the
County is planning to apply for "Urban County" status with the Depa. rtment of HUD.
In addition, HUD requires that this notification inform all units of general local
government oft heir following options;
1. That iftheir City chooses to be ~ as part of the request for urban
county status, it is ineligible to apply for grants under the HUD-
Administered Small Cities or State CDBG programs while it is part of the
urban county, and that it must notify Collier County and HUD of its election
to be included by June 5, 1998;
That if their City chooses to be included as part of the request for urban
status, it is also a participant in fi':e HOME program if the urban county
:C¢lVeS
MAY 0 5 1998
HOME funding and may only participate in the HOME Progwm through the
urban county;
That if their City chooses to be excluded as part of the request for urban
county status, it must notify both Collier Count,',' and HUD of its election to
be excluded by June 5, 1998.
No~vithstanding, if any or ali units of general local government elect to be
included in the urban county and notifies the Collier County and ttUD of this fact, a
Cooperation Agreement between each City and Collier County will need to be executed
by July 13, 1998. This agreement will then be submitted with Collier County's
qualifying documentation and sent to HUD by July 17, 1998, as part of our application.
Urban counties that must enter into cooperation agreements or amendments, as
appropriate, with the units of general local government located in whole or in part within
the county, must submit to HUD executed cooperation agreements, together with
evidence of authorization by the governing bodies of both parties (county and included
unit) executed by the proper officials in sufficient time to meet the deadline (July 17,
1998).
FISCAL IMPACT: If awarded thc Urban County status by the Department oFHUD,
Collier County could potentially receive over 1.5 million dollars in CDBG funds annually
for a period of three years (1999 to 2001) as an entitlement.
GROWTH MANAGEMENT IMPACT: These funds '.','ill allow the County to provide
additional services and capital improvement projects t}u'oughout Collier County's
jurisdiction to Iow and moderate households.
RECOMMENDATION: That the Board of County Commissioners authorize the
Chairman ofthe Board to sign and send a letter (by May 8, 1998) to all units of general
local governments located in Collier Cot,nty, advising them of Collier County's intent to
apply to the Federal Department of HUD for the expressed purpose of being qualified as
an "URBAN COUNTY" and therefore being able to receive Entitlement Grant funds.
APPROVED BY: ~~'~ Date:
MAY 0 5 1998
I
2
4
6
7
9
I0
II
12
14
15
17
19
~0
21
22
23
24
2~
27
29
30
32
34
~6
37
I
3~
40
41
P~SOLUTION NO.
A RESOLUTION AUTHORIZING THE CHAIR.'~IAN OF THE BOARD OF
COUNTY CO,V~f. ISSIONERS TO SIGN AND SENq) A TECHNICAL
LETTER OF NOTIFICATION TO ALL UNITS OF GENERAL LOCAL
GOVEI~NMENTS LOCATED IN COLLIER COUN'I'Y, ADVISING TILES!
OF COLLIER COLrN-I'Y'S INTENT TO APPLY TO TIlE FEDER.-~L
DEPA.RTMENT OF H'L~D FOR Tile EX. PRESSED PLrRPOSE OF BEING
QUALIFIED AS AN "L'RBAN COL.'~TY" AND BEING .-~BLE TO
RECEIVE ENq'ITLEMEN'T GRAN-I'S FOR THE FEDERAL FISCAL
~'EARS 1999, 2000 AND 2001, AS REQUIRED BY THE DEP.-~,TMEN'T
OF ITUD
WHEREAS, ~he Housing and Community Development act of 1974, as ~rnended, makes
provisions wh~eby counties may apply for "Urban County" seams which will allow them to C~'l'y: out
a~iV~ties which will be funded from annu.~l I-~q3 Community Development Block ~t Entitlement
and HOIV[E program fi.ends; md
WHEREAS. Collier County wants thc opportunity to apply for said fu.nds, and
WHEREAS. this act rcqu:res sn order to qualify as an urban county, Ih~t Collier County must
notify all units of general local ~ovcmmcnt w~thm ~ts borders of ~ts m~.cnt lo apply for urban county
lt~s: and
WHEILF-AS. in addition, thc Department of ITL"D requires that this not~ficatmn inform all units
ofgc'ncral local govertu'ncnt oft.heir follo~sng options;
I. That ifthctr City chooses Io be ~ as pan of thc request for urban county
sta~,, it is ine|igiblc to apply for g'ranu under thc l-fU'D-Admmistered Small
or State CDBG progra~'ns whdc st ss part of' the u.i'ban county, and thnt it must notify .
Collier County and HI.FD of lu election to be included by June S, 1998;
2. That If thcsr City chooses to bc included as part of thc request for urb~ county
also a partsclpant in thc HONI£ program it' Ibc urban county receives HO,~IE £unding and
may only pa~lclpatc in thc HOM£ Prog'r'~m l,G'ough thc urban count)';
.1. That if thcsr City chooses to be excluded as parl of thc request for urban court .fy
status, il must notify both Colhcr County and HL'D ofiu election to be excluded by
June $. 1998.
4. T~t if any or all units o£gcneral lo:al government elect to be included in thc urban court .ty
and notifies thc Collier County and ~ o£this tact. a Coopernuon Agrccmcnt between
each City and Collier County will need ~o be executed by July J3, 1998. This agreement
w~ll then be submltxed v,,sth Colhcr Count)"s quahl~ymg documentatson and sent to H'L'D by
July 17. 1998, as parl of Colher County's apphcahon L'rb'm counties that must enter into
cooperation agreements or amendments, as .',ppropr:~te. with thc units of general local
govcrnmc'nt located in whole or in pan w~thm thc county, must submit to H'L"D executed
cooperation ag;recmcnts, together with evidence o~' authorization by thc governing bodies of
MAY 0 5 1998
I
$
6
7
$
9
12
13
14
16
17
19
2O
21
22
23
24
2~
27
28
29
~0
~2
~3
34
3~
37
41
~VliEKEAS. rc~=rdir~ of wh:c~ :~m~c th~ umt u~ ~cncr~l Joca~ gov~mcnt tak¢~, i~ mus~
pa~ of Colh~ County'~
NOW. ~E~FO~. BE IX ~SOLVED BY THE BO~ OF COL~ COMMISSIOneRS
OF COLLIER COL~. FLORA. ~IAT:
1. ~e Colh~ Co~ Board of Co~ Comml~oner~ hereby &recu ~e Colher Co~
~I of Housing ~,d Urb~ Improv~ent to ~a/c, ~ ca~ ~o
~ec~c~l len~ ofnouficanon to all ~u of genial l~al gov~enl I~at~ ~thm ~e
~rd~s of Colh~ Count. ~tatmg that Colher cou~' ~s the inl~t of a~lym[ for "Urban
Count" status w~h the Depa~mev, t of HUD
~.al lh~s len~ of notlfica:~on contain an explanation ofopl~on$ Io the umts of
govemmenl m regards ~o '~ he~her they w~s~ ~o ~e :ncluded ct excluded as pa~ of ~he urban
co~b' for ~ls apphcatmn.
3. ~t ~s letter of no~ficat~ also sure that ~Ee ~l~ of g~e~l l~al gove~ment mus~
submit ~he~r res~nse m ~tm$ to Coil:et Co=~ ~d ~e ~p~ent of HL~ by J~ne
1998
4. ~ ~h~ lener be s~ed ~y L~e Cha~an of the Colher Co~ Board of Commissioners.
5 ~al tins l::~er of nol~f:c~:o~, be sen: to eg~h um~ of general local govemmen~ b~ cemfied
mad prior to ~hc HUD de,dime date of ~ fi. 199S
BE IT ~'R~ER ~SOLVED :h~z th~ Resolution be recorded by the O(fic~at Clerk of Courts
m ~e Pubhc Records of Colher Co~b'. Florida
DATE:
ADOPTED th~s
day of May. 1998.
COLLIER COUN"I'Y BOARD OF COUq~TY
COMMISSIONT-RS
AWI'F..ST:
DWIGHT E. BROCK
BY
Barbara B Berry, Chairman
DATE:
Al)ROVED AS TO FORM A,N'D LEG.'KL
SUFFICIENCY:
A. ss~stant Co~ulT)t Altorney
I AY 0 5 1998
nr ................. LJ
1
2
3
,4
$
6
7
$
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2g
29
30
31
32
33
34
35
36
37
38
39
41
,42
,43
45
46
Exhibit "A"
May 7, 1998
Name
Mayor or Chairman
C~ty XXXXX
Street Address
City XXXXX, Florida
Re: Urban County qualification process for Fiscal Years 1999-2001.
Dear Mayor or Chairman.
Collier County is in the process of applying to the Federal Department of Housing and
Urban Development (HUD) for the expressed purpose of qualifying as an "Urban County." This
federal qualification will allow Collier County to receive Community Development Block Grant
(CDBG) funds, or 'Entitlement Grants," rather than having to compete for them through
Florida's Small Cities CDBG Program.
The first step, and probably the most important one is to have a population that exceeds
200.000. Currently, Collier CoL'nty's population exceeds this threshold.
The purpose of this letter is to notify all units of general local government (incorporated
areas like the City of XXXXX) that the County is planning to apply for 'Urban County" status
with the Department of HUD.
Part of HUD's required notification process mandates that Collier County inform the City
of XXXXX, and all other units of general local government of their following options;
That if the City chooses to be ~ as part of the request for urban county
status, it is ineligible to apply for grants under the HUD-Administered Small Cities
or State CDBG programs while it is part of the urban county, and that it must
notify Collier County and HUD of its election to be included by Juqe 5, 1998;
That if the City chooses to b~- ~ as part of the request for urban county
status, it is also a participant in the HOME program if the urban county receives
HOME funding and may only participate in the HOME Program through th~; urban
county;
1998
I
3
4
6
7
8
9
I0
II
12
13
14
15
16
I7
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
That if the City chooses to be exc!ud_e,.~ as part of the request for urban county
status, it must notify both Collier County and HUD of its election to be excluded by
June 5, 1998.
Such election to be exclucLe,.~ will be effective for the entire three-year period for
which the urban county qualifies (1999 through 2001 ), unless the City of XXXXX
specifically elects to be included in a subsequent year for the remainder of the
urban county's three-year qualification period. The excluded unit must provide
such notification of election to be included in writing by June 5, 1998.
Notwithstanding, if the City of XXXXX elects to be included in the urban county and
notifies the Collier County and HUD of this fact, a Cooperation Agreement between the City of
XXXXX and Collier County will need to be executed by July 13, 1998. This agreemont will then
be submitted with the county's qualifying documentation to HUD by July 17, 1998, as part of our
application. Urban counties that must enter into cooperation agreements or amendments, as
appropriate, with the units of general local government located in whole or in part within the
county, must submit to HUD executed cooperation agreements, together with evidence of
authorization by the governing bodies of both parties (county and included unit) executed by the
proper officials in sufficient time to meet the deadline (July 13, 1998).
In conclusion, whatever path the City of XXXXX elects to take pertaining to Collier
County's application, the City needs to notify both Collier County and HUD of its inter~t. If it
does not, HUD will assume that it wishes to be included as Dart of Collier County's aoolication.
The City's response to this letter needs to be sent to the following addresses by June 5, 1998:
Collier County_
~¢:)artment of HUD
Donald R. Blalock, Jr. 403-2339
HUI Manager
Housing & Urban Improvement
2800 North Horseshoe Drive
Naples, Florida 34104
Angelo Castillo 305-662-4570
CPD Director
U.S. Department of HUD
Florida State Office/CDP
1320 South Dixie Highway
Suite 500
Coral Gables, Florida 33146
x:2223
Your help in this matter will be greatly appreciated. If any questions arise, please
contact me at your convenience.
Sincerely,
Barbara B. Berry, Chairman
Collier County Commissioners
4
MAY 0 5 1998
EXECUTIVE SUMMARY
APPROVE FUNDING A.S.A. PROPERTIES IN-UNE
TOURIST DEVELOPMENT SPECIAL EVENTS FUNDS.
SKATING COMPETITION $40,000 IN
OBJECTIVE: To approve funding for the Aggressive Skaters Association (A.S.A.) Properties in-
line skating competition for $40,000 in Tourist Development Special Events funds.
CONSIDERATIONS: On Apdl 20, 1998, the Tourist Development Council reviewed eight
apl:4icatJons for Category B2 Special Events funding. Total funds available fur projects in this
category at the time of the meeting was $99,811. The TDC recommended full or partial funding for
six of the projects, one of which is being brought forward for consideration at this time:
The Aggressive Skaters Association requested $59,000 to hold an in-line skating
competit~n May 16-17, 1998; funds to be used to promote the event nationally and inter-
nationally. The TDC recommended funding $40,000 for the event by a vote of 7-2.
FISCAL IMPACT: $99,811 is available in Fund 193 from the Toudst Development Tax Fund.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATIONS: That the Board of County Commissioners approve the A.S.A. in-line
skating event for TDC funding, and authorize the Chairman t~3 sign a standard special events
agreement, based upon
PREPARED BY:
the 1997 standa~ agreement, for the event.
Economic Development Mgr.
REVIEWED BY: ~.~~~~'~
"~ihalic, Director '
Ho~.~d Urban Improvement
Vincent A. Cautero, AICP, Administrator
~$
APPROVED BY:
Community Dev. & Environmental Serlio
MAY 5 1998
I DJate
Date
Date
Collier County Tourist Development Council
Grant Application
Category B-2 Local Projects and/or Activities
Which Promote Tourism
Completed applications must be received :30 days prior to the April or October Tourist
Development Council meeting (TDC meets the third Monday of the month).
Applications must be received at the below address:
Administrator/Director
Collier County Tourist Development Council
County Administrator Office
Administration Building, 2''a Floor
3301 Tamiaxni Trail Eas:
Naples, Florida 34112
Name and Address of Applicant Organization:
ASA -Pgov~R.'Tff:$ L. LC
Organization's Chief Official and title:
)
Contact Person, Title and Phone Number:
Applicant request for $25,000 or less: ....
Applicant request for over I;25,000: Y.
5. How much TDC funding is your organization requesting.'?
$ 5"eJ,O0o
Briefly describe your organization's capability to promote Collier County as a tourist destination:
7. Describe the local project and/or activity for which funds are requested:
8. What is (arc) the scheduled date(~) for your projec~activit~7 ~ ~
9. Has your organization previously received Collier County Tourist Development funding.'?
Yes (X) No ( )
10. Discuss how your organization will mea:,ure the number of tourist attracted and the number of room nights
generated by your event:
11. Identify the estimated number of "out of County" spectators or participants for your organization's special
event and indicate the method for your estimation:
12. Idcnti~ the estimated number of hote~motel or c~pground nigh~ generated ~ a result of your
orgmimtion's special event and indicate the me.od for your estimation:
13. Discuss the capacity of the project to enrich the artistic, cultural, and environmental attractiveness of the
visiting public and compatibility with community in general:
MAY 0 5 1998
14. Demonstrate your organization's ability to generate support from sources other than the Tourist
Development funds. Include in-kind services as well as other fl. mding sources: (Be specific)
15. Applications must be accompanied by the following:
a) Incorporation documents
b) For non-profit organization, verification of status
c) Last fiscal year financial statements
d) Time line for the event
e) For request of $25,000 or less:
i) Detailed budget for project specify which items TDC funds will fund. Refer to ineligible
expenditures in the guidelines.
ii) Provide marketing plans identifying how the event will be promoted to draw out &County visitors.
t') For requests greater than $25,000:
i) Funds may be used only for advertising and promoting your organization's event.
ii) Provide an overall budget for the event
iii) Provide a detailed marketing plan including the media to be used to promote event, frequently of
advertisements, reason media to be used was selected, and any other information pertinent to the
promotion.
I have read the Tourism Grant Program guidelines and criteria
Signature of Organization's Chief Official
Date: I/~ :L / %~'
0 5 1998
ASA PRO TOUR
MARKETRqO PLAN
The ASA Pro Tour plans to use the grant from Collier County to advertise and promote Collier
County in its worldwide broadcast and media schedule in the most favorable manner. As such.
the ASA's media would be utilized in the following manner:.
TELEVISION
The ASA will promote the Naples event throughout all of its ASA Pro Tour broadcasts on ESPN
and esprO, that lead up to the Naples telecast. Each ASA show reaches more than 4.5 million
people in the US alone, and the ASA expects to promote the Naples event in a minimum of eight
broadcasts. This has a promotional value of more than $50,000.
In addition, please see the attached analysis of the media value to Naples/Collier County during
the actual telecast of the event on ESPN and espn2 domestically and in more than 170 countries
around the world.
PRINT (MAGAZINE)
The ASA has an extensive national print campaign planned which will include the Naples even~
in a total of twenty-seven (27) ad pages promoting the Tour. The ASA's expected magazine ad
schedule is as follows:
~ ~ ~ value
InLine Magazine 5 monthly $40,000
Inline Skater Magazine 5 monthly $35,000
Box Magazine 5 monthly $20,000
Skater Magazine 4 bi-monthly $12,000
4 in a Row Magazine 4 bi-monthly $16,000
Crazy Roller 2 bi-monthly $10,000
UniT~A 2 bi-monthly' $9,000
TO, LS ,, 27 ' monthly $144,00
In addition, the Tour schedule (which will include Naples) will be printed in a variety of
magazines such as Details and Men's Health.
PRINT (?¢EWSPAPER)
The ASA's newspaper campaign is e~.pected to include quarter-page advertisements for the
Naples events in a variety of local and regional newspapers. This advertising will begin May
and continue through the event. Based on 1997's event, the value of the newspaper advertisin~
the ASA will generate for the event should exceed $30,000.
In addition, the ASA has a wide variety of newsprints across the country interested in printing
our schedule as well as doing feature articles about the sport.
RADIO
The ASA plans to run a series of :60 second radio commercials ~hroughout South Florida to
promote the event. Although it is still too early to discuss the exact station mix or frequency.
based on last year's event, Collier County should eXl: :ct at:mroximate, ly $20 worth cfi
,,'slue in support of the event. The sim>ts will run fron. Ma~. ~the e~
PROMOTIONAL
MAY 0 5 1998
More than 30,000 event posters and flyers will be cli~ ributed fiirrug]~rut So
promoting Collier County beginning May 7.
.. .
ith
ASA PRO TOUR
SOUTH FLORIDA EVENT
March 23:
Mamh 24:
April 1'7:
May 1:
Ma,/'7:
May 12:
May 13:
May 15:
May 16:
May 17:
May 18:
TIMELINE
Press conference to announce schedule of all ASA Pro Tour sites
Print advertising campaign due to magazines (including Naples)
ASA Pro Tour begins
Newspaper and radio advertising campaign for Naples event begins
Distribution of all event posters and flyers
ASA staff arrives in Naples. Building bleachers/scaffolding begins
Local press conference
Professional skaters arrive. Site complete. Practice 3:00 - 9:00 pm
ASA Pr° Tour vert competition, 9:00 am - 9:00 pm
Vert Finals (filmed for television), expected 7:30 pm - 9:00 pm
Skater/Sponsor Party, 10:00 pm - 1:00 am
ASA Pro Tour street competition, 9:00 am - 9:00 pm
Street Finals (filmed for television), expected 5:30 pm - 7:00 pm
Tear down of site begins.
Tear down of site complete. ASA staff departs.
1998
1997 ASA PRO TOUR EVENT
ECONOMIC IMPACT ON COLLIER COUNTY
The ASA Pro Tour held its 1997 World Championships in Collier County at the Sanctuary
Skatepark from October 10-13. The event proved to be phenomenally successful for all panic.,,
involved, especially as it relates to Collier County. Both the immediate and future economic
impact the event had on Collier County was substantial.
In terms of the short-term impact, the event generated approximately Seven Hundred and Sixtx
(760) room nights for hotels in Collier County. Although the bulk of the event's guests staye~i ~,~
four hotels on Marco Island (Radisson, Hilton, Mamott and Paramount), we know of at least
other properties that hosted guests of the ASA. We had a formal relationship only with thc
Radisson and Hilton and were able to tracks room nights there via a reservation code. The oth¢~
room nights were determined by calling skate companies, sponsors, skaters, r::edia and fricnd~,
of the Tour and asking them where they stayed. The list was also compiled by way of RSVP',,
from our event invitations, transportation requests (we picked up more than 300 people from
airports and shuttled them to a~ea hotels), number of VIP credentials issued on-site and phone/E-
mail requests for hotel information. We would have had many more guests stay at the Radisson
or the Hilton; however, we completely sold out both hotels and were forced to move our gue,,v~
to other properties. We had approximately Eight Hundred (800) people attend the event fi'om
"out-of-town". The breakdown was as follows:
73 Competing Pro Skaters
26 Non-competing Pro Skaters
68 Competing Amateur Skaters
20 Non-competing Amateur Skaters
77 Sponsors/VIP's
19 Media
21 ASA Staff
219 Friends and Family members
300 estimated "out-of-town" spectators from around the cou.ntry
On Monday evening, after the event had concluded, we had 255 people attend our banquet anti
turned away more than one hundred individuals who wanted to attend. The banquet was not
open to friends, family, spectators or Amateur Circuit competitors (others than those who
qualified to become pro). Each of these approximately 350 people were in Naples for a
minimum of five days. Most of the ASA's guests stayed at least three days with some of the
staff and skaters "living" in Collier County for more than a week· Obviously, during that ume.
all of these individuals were eating in Collier County restaurants, staying in Collier County hotel,
and using Collier County services. '
In terms of the on-site attendance, we estimate that 41,000 people attended the competition over :~
three day period. This estimate came from shuttle service counts, parking counts and calculating
bleacher capacity on an hourly basis. The breakdown was 19,000 people on Saturday. 18.000
spectators on Sunday and 4,000 on Monday. Many of these people spent money at concessiow,
that generated income for the skatepark and Collier County. In addition, we would strongly
surrmse that any skater who attended the event from in-town or out-of-town would be inclined r,,
return to the skatepark and Collier County many times over, however, there is no way to
accurately gauge this fact. If, indeed true, these return visits would have lasting economic impac~
on Collier County. The same fact holds true for the many VIP's and sponsors who attended thc
event. We received a great number of positive comments from our guests about how much they
enjoyed the event and how they would be inclined to come back to Naples for a vacation.
The ASA Championships also made an impact in Cc
extended from 30' to 36' wide. This is a permanent
half-pipe the largest (and arguably the best) skatepa~
the park's half-pipe would have been '..he same size
k half-pipe ~~
s n o0,
to ha'
es the
neric:
the c~
e the~~
· Ot he~id,,e.,.~
The largest economic impact was in the area of global exposure that the County generated from
the event. Extensive footage from Naples was shown during eight hours of national television
coverage on ESPN and espn2 and in 170 countries around the world. The park and the city were
portrayed in the most positive light and Collier County was hailed as a leader in government
thinking. County employee Maria Ramsey was interviewed as was the park's builder. Aaron
Spohn. Both were given the opportunity to extol the virtues of the Skatepark and the County.
Since the broadcast, we have received numerous calls and e-mails from viewers who marveled at
the park and expressed a strong interest in visiting Collier County.
After analyzing the media sources that covered the World Championships. we estimate that
Collier County received more than $1.4 million worth of media exposure on a global basis. The
breakdown is as follows:
Media
Television: World Championships show (domestic)
Television: World Championships show (international)
Television: Road to the Finals show
Television: news coverage
Newspaper Coverage and Advertising
Magazine Coverage and Advertising
Radio Coverage
Home Video Coverage
Value of Collier '~ounty EXposure
$324.000
$648,000
$52,000
$109,000
$183,000
$76.000
$22.000
$17,000
TOTAL MEDIA VALUE TO COLLIER COUNTY
$1,431,000
In all, the ASA estimates that Collier County received an economic impact of more than 5;2 million
by combining the spending and hotel nights of eight hundred guests, the positive public relations
and the media value associated with the ASA Pro Tour.
MAY 0 5 1998
./
ASA Propertk~, LLC
Profi! zinc] Loss
dlnumy through De:MTtbM 1997
~,ppe'~ - Othlr
Tot. AlawM
Pro Tour
Tof~
Ta(Jd
Compue~ F. xS~m~ - Om~
Tc,t,d Comput~ Ex;x,,~
T~ Productlofl
Td~vl~km ~ - ~
TMM Tdevld~m Produc~on
Per dkm
To~M Per diem
Prim
Radio
Totll A~dflg
Am Ck, cuN
PR
Dutm
I~rSo4km~
Tc41d PR
70.150.00
35.000.00
2,592.00
-2..81e:7.o
.226,7o
24,262.00
7,450.00
1,0(~10,77g.37
1,198.964.57
2,49~.35
1,926.00
1.9OO.0O
1
273.100.00
, 282.11521
2,355.00
S.3m:).O0
5.40OOO
13.145.00
6.151.57
8,494.00
28.2O0.00
322.24
32.13
354.3?'
6.816.51
11.995.09
555.50
98p.
ASA Properties, LLC
Profit* and Loss
Januiry through DecMrd~w 1997
PA
Tent rlntd
Food
Event Pr0duct~on - ~
To~l Ev~m Produg:tlo~
Tot~ Inmalnc~
_C J,. _ _F. zlPloym Trtk, tin~
W~
To~M P~p'o~l E~
FP~ Bo~m~
TM~ Po4Mge ~nd
d~n - Dec
41,713.80
56.500.00
1,156.60
6.672 26
4.556 55
15.025.00
75.24
4,83.57
1,.2~5 16
36.966.75
,4,876 O0
18.07500
3.60000
7,593.50
11,193.50
4.5,96.92
2.820,5O
1.10
372.16
87.56
1.226.34
21,753.43
1,74485
525.89
3.855.96
2.8~1 19
_
10.,.%21 80
31.9(X).00
2.175.50
351.13
3.77128
....
42.547,52
" 134.70000
28125
488,00
5.41ZOO
2,600.00
1.033.16
21.625.(X
~AY o
ASA Propertte~, LLC
Profit' and loss
J~nu.ry through ~ 1997
~ Phone,
c~l
TotM Tde~one
Gl4
Toll
AirMm
Mit/4
TMM TmvM & Em
ToMI ExpltM
J~n. Dec:
119.625.41
2.530.74
14.867.94
1.361.05
926.36
21.669.88
15.00
19.84.6.86
1.065.61
51.66
87.115.34
2,7~1.81
26820
111.40
12,534.99
..... t__31~06735
_. 19:591 28
AS& IM)peTUM C(mIMerWd
._Z~. //
ASA Pr~, LLC
Balance'Sheet
A~ of ~ 31, 1997
Curmm A~ ~
.o D~c~, '~7
To~d ~ ~
75.37
?~~ 471.49
87..r,r,r~
.,, p~., /~, ~
4OOO0
23.422 24
108.580.37
...... t.~.,._5~__.3~
132.(X)2.61
992.73
99Z73
28.42
ASA Prop~ LLC
Balance'Sheet
Aa of Decimber 31, 19~7
Lm~l,l'l dd~
TaeM Lor~ Te~n LJw~l~te~
TotM ~
~$ Lc~rm
LNn to Tocld
TMM ~l LOll~
TMM £qu~
TOTAL UABIMT1ES & EQU~'Y
31,
4,141
4.141.84
1gg,270 26
208,77026
1g.591.28
1998 TOURISM AGREEbLENT
BETWEEN COLLIER COUNTY AND ASA PROPERTIES LLC
REGARDING THE WORLD CHAMPIONSHIP IN-LINE SKATE COMPETITION
SCHEDULED FOR MAY 16-17, 1998
THIS AGREEMENT, is made and entered into this ~ day of ,1998, by
and between ASA Properties LLC, a limited liability company organized under the State of
California, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of
the State of Florida, hereinafter referred to as "COUNTY."
WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred
to as "Plan") funded by proceeds from the Tourist Development Tax; and
WI~REAS, the Plan provides that certain of the revenues generated by the Tourist
Development Tax are to be allocated for the promotion and advertising of Collier County
nationally and internationally and for the promotion and advertising of activities or events
intended to bring tourists to Collier County; and
WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the
County to use Tourist Development Tax funds for the promotion and advertising of the World
Championship In-line Skate Competition scheduled for May 16-1.7, 1998 (the "Event"); and
WHEREAS, the COUNTY desires to fund the proposed advertising and promotion
pursuant to this Agreement.
NOW, THEREFORE, BASED UPON THE MUTUAL COVENPuNTS AND
PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS
MUTUALLY AGREED AS FOLLOWS:
1. SCOPE OF WOpd<: In accordance with the Budget attached as Exhibit "A," the
GRANTEE shall provide the advertising and promotion of the Event·
2. ~: The amount to be paid under this Agreement shall be Forty
Thousand Dollars ($40,000.00). The GRANTEE shall be paid in accordance with fiscal
procedures of the County for expenditures incurred for the promotion and advertising expenses
as described in Section I upon submittal of an invoice and upon verification that the services
described in the invoice are completed or that goods have been received-
''~AG · · · ,,,
shall submit invoices to the County Administrator or is c~e$ '~ot aty i ~aa~~ror
his designee shall determine that the invoice payme~ arc autho _ri~l a~d he g
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 o f corresponding vendor invoices and proof o f 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. The 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 total amount for various line
items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The
amounts applicable to the various line items of Exhibit "A," subject to tke maximum total
amount, may be increased or decreased by up to ten percent (10%) at the discretion of
GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by
the County Administrator or his designee.
3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section l
will be paid by cOLrNTY. Any expenditures paid by COUNTY which are !ater deemed to be
ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written
request to repay said funds. COUNTY may request repayment of funds for a period of up to one
year after tea,:ination of this Agreement or any extension or renewal thereof.
4. ~: GP,.AN'I£E is required to submit a Certificate of Insurance
naming Collier County, and its Board of County Commissioners and the Tourist Development
Cotmcil 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 t~c following amounts:
BODILY INIURY LIABILITY $1,000,000 each claim per person
PROPERTY DAMAGE LIABIZITY $1,000,000
PERSONAL INIURY LIABILITY $1,000,000 ~
WORKER'S COMPENSATION AND EMPLOY
2
:h claim~cgon
lto!
The Certificate of Insurance must be delivered to the County Adrrdnis~tor or his designee
with~ ten days or' execution oi' t~s Agreement by the COUNTY. The GRANTEE shall not
commence promotional md advcr',ising activities which are to be funded pursuant to this
Agreement until the Cerfifica:~ o[' Insurance has been received by the COUNTY.
5. ]~:~d~Y_'.~..?_.Q?:ZT.S: GRANTEE shall provide to County monthly reports on
the duties performed and service provided by G~EE, its vendors or subcontractors, pursuant
to this Agreement. The report shall identiSy the amount spent during the preceding 30 days and
the duties performed, and the services provided and goods delivered during s~id period.
G~E shall take re~son~bl~ ~e~ures to ass~e the continued satisfactory performance or'
· 11 vendors and subcontractors.
6. CHOICE OF VENDORS AND FAIR 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 agrees to disclose any relationship be~veen GRANTEE and the subcon-
tractors or vendors, including, but not limited to, similar or related employees, agents, officers,
directors md/or shareholders. COUNTY may, in its discretion, object to the reasonableness of
expenditures 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.
7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend
COUNTY, and its agents and employees, from any and all suits and actions including attorney's
tees 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 ind.i~, tly employed or authorized to
perform work by any of them. The GRANTEE's obligation under this provision shall not be
limited in any way by the agreed upon Agreement price as shown in this Agreement or the
GRANTEE's limit of, or lack of, sufficient insurance protection.
MAY 0 5 1998
_ ,,. /(,,_
8. ~: :'~i; :~:.,:iccs from thc COUNTY to thc GRANTEE shall be in writing
and deemed duly served it' ~:.:ii:d by registered or certified mail to the GRANTEE at the
following address:
Rick E r;<::~ :,.n, President
ASA i': :',;cz LLC
13a6S: .'i: Avenue, Second Floor
M~na i..: kc'y, California 90292
Ail notices from the GRAN~EE to the COUNTY shall be in writing and deemed duly served if
mailed by registered or ceaii~,: .:. :~a?.il to the COUNTY to:
Coun:v .'~:::.,i~strator
Secor'..:~ !':.',:,r, Administration Building
3301 'i'..:;:i~rni Trail East
Napl~, 3:: :dda 34112
The GRANTEE and t!-:..- COUNTY may change the above mailing address at any time
upon giving the other party wri :tc,'~ notification pursuant to this Section.
9. ]:J.Q.E,~Ig,~EEZ ZIE: Nothing herein contained shall be construed as creating a
partnership between the COL,,41 Y and the GRANTEE, or its vendor or subcontractor, or to
constitute the GRANTEE, or its vendor or subcontractor, ~ an agent or employee of the
COUNTY.
10. ~.,]?dkil]2t,&T20:'_:: The COUNTY or the GRANTEE may cancel this Agreement
with or without cause by giving 30 days advance written notice of such termination pursuant to
Section 8 and specifying the effective date of termination. If the COUNTY terminates tiffs
Agreement, the COUNTY will p~y the GRANTEE for all expenditures incurred., or contractual
obligations incurred with subcontractors and vendors, by GRAlqTEE up to the effective date of
the termination so long as such expenses are eligible. Provided, hgwever, or if GRANTEE fails
to hold the event or activity, GRANTEE shall pay to COUN'I~ hll funds expended by COUNTY
pursuant to this Agreement, unless the Board of County Commissioners determines that the
completed promotion and advertising of the event or activity were sufficient to justify the use of
tourist development tax funds.
11. GENERAL ACCOI~qTING: GRAb
accurate aex. ounting records and keep tourism funds
4
MAY 0 5 998
related to the Agreement
term of this Agreement.
12.
documents, papers and
, :.::ordeal, and all expenctiturca must be incm'red within the
',' 5'~EC_QtLD_S: GRANTEE ::5-.a!l maintain records, books,
.i' ~:-:nation pertaining to wot!.: performed under this Agree-
until the expiration of thrc,:
and the fight to examine
GRANTEE involving trarla:
13.
transfer in whole or in pa.~
COUNTY.
approves] and shall remain
ment. GRANTEE agrees ti::,: .: ...i,JUNTY, or any of its duly authorized representatives, shall,
.~: ::fi. er final payment under this Agreement, have access to,
:~?,:, any pertinent books, doc,:.rments, papers, and records of
:::'. :?.ed to this Agreement.
, '.:',/55.~: GRANTEE shall not assign, conv~, or
. :.'.:: in this Agreement without the prior written consent of the
-::::',ent shall become effective on .[date Board
~va for one year. The GRA?,rTEE shall request an extension of
this term in writing at lea~:: i::',, /,30) days prior to the expir:v, ion of this Agreement, and the
COUNTY may agree by =:',-:,::: .... :::,, to this Agreement to extend the term for an additional one
year. Any fimds not used by. ~ ~ :','TEE during the term of this Agreement and any extension
thereto shall be available f,:< ' ':-' :;;~?licants. ' ·
15. IiY.,&I,U.~T.I. CI~i .()? TOURISM IMPACr: GRANTEE shall monitor and
evaluate the event identi,'5'ir;" ~'::c ~uccess of the event, explaining how the success and quality
were evaluated, report overa!! :mendance including resident/non-resident anendance and how
attendance information was ::::,:c;'~ained. GRANTEE shall provide a written report to the County
Administrator or his designee ,:, i,~!~ in sixty (60) days of'the date of the event.
16. ~},L~.~_Z;..)_i'£, ~,Zi.Q,N: All promotional literamr~ and media advertising
must prominently list Collier (.'o"nV as one o£the sponsors.
17. A~i~[121~i'5: This Agreement may..only be amended by mutual
agr~'rnent of the parties and a l~::r recommendation by the Tourist Development Council.
18.
This Agreement shall be governed and construed in
accordance with thc laws e, f !': :. ? ~ ate of Florida.
I AY 0 5 1998
/g _
IN WITNESS
authorized person or
written.
GP~Mq'I'EE and COU~TY inve each respectively, by an
their hands and ~':', ~'. ~!'..". date and year first above
ATTEST:
DWIGHT E. BROCK, Cler~:
BOARD OF CO~.~; i ~'':,' COMMISSIONERS
COLLIEK COU:; ~., - LORIDA
By:_
BARBAEA ~. ~/:i~?.KY, Chairman
WITNESSES:
Name
ASA PROPEIC[IF;!; I.LC
By:
(corporate ^ ,
Approved as to form and
legal sufficiency
Hddi F. Ashton
Assistant County Attorney
I~/~'rI~ASA~ Il.C-:;; ...... c. ~+--.,~c~
6
EXHIBIT "A"
ADVERTISI:NG/PROMOTI',i,:; : ~.. ~DUCT]O~'~
Creative Design
Creative Execution
Print Advert/sing
Television
Radio
Promotions
Production fees
Featttres Production
Post Production
Dubs
Printing
Total
~]AY 0 5
ASA Pro Skate Event.-r;
~taffrequests additignal funds,:, .,_ :_.:.¥ :~:_;_~ expenses fo r__~a.).: ,,__:_,_~ :_! l_ event th~._t is not.
currently budv, eted for this fi?:" ' "-~ 5!nv 16-17, 199~ ),c:.,". ,.,.tnt is not a
budgeted special event for thc i; ......... . ~cc~cation Dcpar~m,,:l:t. ,.'~:, with all special
events that we support, overtime' ' . ,, ! ~r~ cover the cost of ~':~"~'"" :',:: adequate staffing.
The following is a break down t,i :. ~' .,.. ~rtime and security costs f,~t this event.
Staffinl!
Park Rangers
Recreation Staff
Maintenance
Night Security
72 hours (-~ ~:: ~.',:' x 2 daysx 12 hours)
112 hours ~',' -.::::f x 2 days x 8 hours)
30 hours 15 :,: ',:~ x 2 days x 3 hours')
40 hours (i ,'.~:::- x 4 days x 10 hours)
C ~:.'_~,_.': r h our_Total
$15.00 $1,0§0
$14.00 $1.568
$14.00 $ 420
S18.r)0 S 72Q
$3,788
APPROVAL TO AMEND SOLID WASTE MANDATORY COLLECTION ORDINANCE
9~30, AS AMENDED, AND INCORPORATE SAID AMENDMENTS INTO EXISTING
FRANCHISEE SERVICE AGREEMENTS WITH WASTE MANAGEMENT, INC. AND
IMMOKALEE DISPOSAL
QBJEC,,TIVE; To streamline and improve the billing process for trash collection and
disposal.
CONSIDERATION; Currently, the County bills all residential customers who reside in
duplexes, tri-plexes, four-plexes, single family homes or row houses. The franchisee
bills all five-plexes and above. As the County has grow~, these billing practices have
become increasingly more difficult to administer for staff and confusing for customers.
Many subdivisions are built with a vadety of building sizes and densities. These
buildings can be in one or many different associations. If one association has a four-
plex, 2 six-plexes, 3 duplexes, and 1 eight-plex, both the County and the franchisee
would bill this association and or the customers. The County would bill the individual
customers on the tax bill for the four-plex and 3 duplexes. The franchisee would bill the
association for the 2 stx-plexes and 1 eight-plex.
To correct this problem, staff is proposing that the County bill only curbside service and
the franchisee bill only dumpster service for residential customers. This will help the
County's staff, the builder or developer and the customer. County staff will know at the
time of C.O. whether a customer will be serviced curbside or dumpster. The
appropriate fees will be charged or a copy of the contract for dumpster service will be
needed. Staff will know whether the customer will be on the roll in future years by
asking one question, 'VVhat type of service?' The customer would never be charged
twice because staff doesn't need to know size of building, only type of service.
Staff has identified (with help from the franchisee) dumpster service accounts currently
billed by the County and curbside service accounts currently billed by the franchisee.
The attached spreadsheet shows those who have dumpster service accounts which are
billed by the County. The spreadsheet also shows that with current service frequency
and container size, most customers would realize an increase in rates. However, the
association should review service to assure they are receiving adequate service and
not more than needed.
Staff is also recommending a change to the Ordinance on guest houses. Currently the
County does not bill guest houses and guest houses are defined as homes which are
less that 40% of the main home. Staff has been to many guest houses and found that
most have residents r~.ing year round. Staff has also researched other counties and
found that they are charging for all houses including guest houses. Staff believes there
are approximately 1000 guest houses in District 1.
FISCAL IMPACT: The increase to 473-173411-343415 (Mandatory Trash Collection Fund)
would be $539,800 composed of:
5600 units would be added (curbside units currently billed by WMI) = $604 576
1600 units would be removed (dumpstcr sewed units currently billed by County) = -$172.736
Increase from guest houses = 1000 homes ~ $107.96/each = $107,9~0
$431,840
· Total net increase
$431,840
$107,960
$539,800
Of the total amount ($539,800) approximately 70% is paid to the franchisee and 30%
is paid to Solid Waste (Fund 470) for disposal. The County also receives a 2%
franchisee payment which would amount to a net increase of $10,800.
GROWTH MANAGEMENT IMPACT; NA
RECOMMENDATION: That the Board of County Commissioners approve the plan in concept
and direct staff to advertise the amendments to the ordinance and to change the Waste
Management and Immokalee Disposal Franchisee service agreements.
PREPARED BY:' / (./-~ p',~-'------'''''-~ DATE
T~resa A. Riesen, Revenue Manager/DOR
DATE
Waste Management of Collier County
P,O. Box 413025
45~0 Exchange Avenue
Hap)es. Florida 34104
(941) 649-2212
FAX (941} 649-5644
A Waste Manzgement Company
April 1'7, 1998
Tere~ P~i~en
Department of R~.enue
Naples, Florida
Dear Teresa:
Waste Management of Collier Count)' agrees to the Department of Rcvcnue's propo~l for all commercial
containerized pick-up to be billed by the hauler. All residential service will be billed by the count)'.
If you have an)' questio~, pleas~ give me a call.
bi,yis_)6n Manager '
a ~ivision of Wa3te Management, Inc. of Fica'ida
MAY05 {998 {
TO:
FROM:
DATE:
RE:
MEMORANDUM
Teresa A. Riesen, Revenue Manager, Department By ' - -"
of Revenue '
Rodncy C. Wade, Assistant County Attorney,/~a~~~--~
March 13, 1998
RLS: REV971124-40
Solid Waste Mandatory Program
Amendments to Ordinance 90-30, as Amended and to Collier County
Solid Waste Collection Service Agreement with Immokalee
Disposal Co. and Collier County Solid Waste Collection Service
Agreement With Waste Management Inc. of Florida
In response to your above-referenced Request for Legal Services, Collier County
Ordinance No. 90-30, as Amended should be further amended to read as follows:
1. Definition of Commercial Property: Collier County Code Section 118-86
Commercial Property should be amended as follows:
Commercial Property means hotels, motels, multi-family and single family residences xvhich
receive bulk collection s..ervice (dumps!er, bulk., loader] or any other property receiving such
SCIW CC; · ................... ~ ............ ,b .............................. CXC . r
owned town !:cuse: or row ko::~,~; recreational vehicle parks, mobile home parks containing
mobile homes, excluding those mobile homes not located in mobile home parks that are
considered real property under the state constitution and state law; all commercial
manufacturing, agricultural, industrial and institutional enterprises; also, any building or structure
containing a d~velling unit or units that is furnished, with or without rent, as an instant of
employment, regardless of the number of dwelling units under one common roof, which is
located upon real property that is the site of said employment and upon which are located
buildings or structures otherwise treated as commercial property under the terms of this section.
2. Thc Collier County Solid Waste Collection Service Agreement with Waste
Management, Inc. of Florida should be amended in the following manner:
Page 2 of thc contract, paragraph G.
Commercial Property means hotels; motels; multi-family _and single family residences_
which receive bulk collection service (dump&lc_r-bulk loader) or any other property receiving
such scr~'ic.c_;. ~esi4ei3c-ee--e-y,~-e- o,,,~e-~,,,m-o,, '"or .... ' for-fee
*..-,,-~.,:- rccreational vehicle parks, mobile home parks
simple~~ .er re'.': ........
containing mobile homes, excluding those mobile homes not located in mobile home parks that
are considered real property under the Florida Constitution and Florida Statutes; all commercial,
manufacturing, agricultural, industrial, and institutional enterprises; also, any building or
structure containing a dwelling unit or units that is furnished, with or without rent, as an incident
of emplosznent, regardless of the number of dwelling units under one common roof, which is
located upon real property that is the site of said employment and upon which are located
buildings or stn~ctures otherwise treated as commercial property under the te;ms of this Section.
3. The Collier County Solid Waste Collection Service Agreement With Imokalee
Disposal Co. should be amended in the following manner:
Page 3 of the Contract, paragraph G. Commercial Property means hotels; motels; multi-
family ~ residences which receive bulk collection .service (dumpster-bulk loader]
pr any other property receiving; such service; .~.,idi~4; fc~:r 4 .... u:~ ,.nan.~,~.~4~,:~
c~.~cw~i.~~ue~; recreational vehicle parks,
mobile home parks containing mobile homes, excluding those mobile home~
2
mobile home parks that arc considered real property under the Florida Constitution and Florida
Statutes; all commercial, manufacturing, agricultural, industrial, and institutional enterprises;
also, any building or structure containing a dwelling unit or units that is furnished, with or
without rent, as an incident of employment, regardless of the number of dwelling units under one
common roof, which is located upon real property that is the site of said employment and upon
which are located buildings or structures otherwise treated a.s commercial property under the
terms of this Section.
4. Advertisement time: Advertisement of the County Commissioners' meeting upon
which the proposed change to Ordinance 90-30 as amended shall occur ten days prior to the
meeting in a newspaper general circulation as prescribed by 125.66 of Florida Statutes.
Class A Notice: Those additional residences which will receive mandatory billing on the
real estate tax statement as residential units shall receive Class A Notice as described in
197.3632, Florida Statutes.
RCW/cc
Enclosure- Contracts, etc.
cc: David C. Weigel, County Attorney
h: Ro4ney'?,h sc~:omrr~ rc ial pml:~'rtY
DATE: April 24, 1998
TO: Board of County Commissioners
Bob Fernandez, County Administrator
FROM: Thomas W. Olliff, Public Services Admiaistrator/~
SUB J: Marco Island Coast Guard Station
As you may recall,the Coast Guard Auxiliary of Marco Island approached the County
Commission prior to Marco's incorporation requesting t,~,at the County ,ssist them in
constructing a building and allow it to be located on the County's Caxambas Boat Launch
Park property. The Board approved a project with a budget of $60,000, which included
S40K from the County ,,nd S20K from the Coast Guard Auxiliary. The projecT, wJfich
will be a small me:al building, is ready to be constructed with a purchase order pending.
While the incorporation may ha,,? some impact on this park, it is rather unlikely as this is a
regional park designed to serve a county-xvide population. Because of this and the
County's need for boat launch locations in order to meet Grow'th Management I.evel of'
Se.,-,'ice Standards, it is anticipated that the County would co.nlinue to own and operate
t,h/s facility.
Given all of this, the Park's stall' intends to proceed with the previous Board direction and
issue the purchase order for the construction of the Coast Guard Auxiliary building. The,
pur.ch_~ase order willie tel_eased on W~.~lay M.ay 6, 1998. This memo is provided i.n.
order to g. ive you an (X)port~cu$1; the matter, shoLJld you h.ave any concerns, aA
one of' the two B_._oard meeti.ngs th~_will t;)e held or/or to May 6m~ If you need any
additional information regarding this project or have any related questions, please do not
hesitate to call.
'D'/O/jb
cc.:/',4arla Ramsey, Parks and Recreation Director
AGEN03 !J. F..~
HAY - 5 1998
D i ¥ t s i o N "~" 0 N C 0 U I S £ F o R S U C C E S S
MEMORANDUM
DATE:
TO:
FRO M:
April 27, 1998
Bo~d of County Commissioners
Timothy L. ttancock, AICP
Commissioner, District 2
Attached resolution and draft ordinance on cthics adopted by
thc Collier Coun~ Republican Executive Committee on
April 6, 1998
I b'ill be asking that the Board of County Commissioners add the attached resolution
and draft ordinance for discussion and/or action to our April 28" BCC agemta.
TLH:vgr
Attackment
Collier County e . v.a-
· bli -
Repu can Executive Committe~ ~
~ChMrm~n 1100L,~bi~n~Circ~,~201 · N~ples, F~341~' ..... . ...... ~¢¢:* .
IH1 (g4~} S97-5S40 [~ (9411 SgS-2g~ * F~: (941) Sg837~S -2' '~'--:
April 21, 199g
Honorable Timothy Hancock
Collier County Government Complex
3301 Tamiami Trail East
Naples, Florida 34112
Dear
Enclosed please find the Resolution and "draft" Ordinance on ethics which was adopted
unvsfimously by the Collier County Republican Executive Committee on April 6, 1998.
We look forward to working v,'ith you in the adoption of an ethics ordinance for Collier
County.
Please do not hesitate to call on us if you have any questions, comments or if we may
be of any assistance in this matter.
With warrnest regards, I remain
Very truly yours,
F Hardt,
Chairman
FRH/Is
Enclosure
cc: CCREC Executive Board
Douglas Rankin, Esquire (w/enclosure)
Chairman, CCREC Campaign Activities Committee
COLLIER cOUNTY REPUBLICAN EXECUTIVE COMMITTEE
RESOLUTION ON E_THICS ORDINANCE
Wherems, public officials are agents of the people and hold their position for the benefit of the
public; and
Wherems, public officials are bound to observe, in their officials acts, the highest standards of
ethics regardless of personal considerations, recognizing that promoting the public interest and
rrmintaining the respect and faith of the people in their government must be of foremost concern; and
Where--, the proper conduct and operation of government necessitates that public officials be
independent ;md impartial and that public office not be used for private gain other than remuneration
provided by law; and
Where--, no public official should have any interest, financial or otherwise, or engage in any
business trar~action or professional activity which is in conflict with the proper discharge of his or her
duties in the public interest; and
Whereas, no public official should accept or solicit anything of value, including any
compensation, payment, financial or business interest, gift, loan, favor, or promise of future employment,
based upon any understanding that the vote, official action, or judgment of the public official would be
inftuenced thereby; and
Whereas, the governing body of any county may adopt an ordi,,'nnce providing more stringent
ethical standards or disclosure requirements; and
Whereas, the existing provisions of state law under the jurisdiction of the Commission on Ethics
as related to the investigation and enforcement of ethical violations are inadequate;
THEREFORE, BE IT RESOLVED by the Collier County Republican Executive Committee that
the Board of County Corranissioners of Collier County adopt a local ethics ordinance to provide more
stringent ethical standards and disclosure requirements, and providing for the prompt investigation and
enforcement of the same; and
BE IT FURTHER RESOLVED, tl';at the Collier County Republican Executive Committee
respectfully submits for consideration by th.' Board of Commissioners of Collier County the ethics
ordinance in the form attached hereto as Exhibit
Duly adopted this 6~ day of April, 1998, by the Collier County Republican Executive
Committee.
Is! Frederick R. Hardt
~2hairman
Frm:FO~ lint.m c
/si Chc~L~XI Kraus
ecretary
AG E N~A..~.I TEH
No. ,~'.'2- ·
MAY - 5 1998
Pg. ~
ORDINANCE 98-
DRAFT
AN ORDINANCE OF COLLIER COUNTY, FLORIDA,
ESTABLISHING A CODE OF ETHICS FOR
COMMISSIONERS AND EMPLOYEES.
WHEREAS, Chapter 112, Florida Statutes, provides standards of conduct for public
officers and employees; and
Wt-IEREAS, additional requirements will clarify and elevate current standards and are
in the public interest,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COM2~SSIONERS OF COLLIER COUNTY, that:
$_EC__rtO,V 1.
1.
CODE OF ETItlCS AND CONDUCT..
Tkis Code of Ethics is in addition to the requirements of Chapter 112, Florida Statutes.
Where there is a conflict between Chapter 112, Florida Statutes and th.is Code the more
su-ingent requirement shMl apply.
This code shall apply to County Commissioners and County employees. The term
"person" includes commissioners and county employees. Written requests for
interpretative rulings concerning the applicability of this code may be submitted by a
County Comm. issioner or County employee to the County Attorney for written reply.
Information concerning any incident or situation which demonstrates that a County
Commissioner or County employee may have engaged in conduct contrary to this Code
may be forwarded by complaint affidavit to the State Attorney for the Twentieth
Judicial District for investigation and appropriate action.
A person shall avoid any conduct, whether or not specifically prohibited by this section,
which a reasonable person would expect to result in:
(a)
Co)
(c)
(a)
using public office for private gain;
giving preferential treatment to any person; or
making a government decision outside official channels.
Except as provided in paragraph Co) and (c) of this subsection, a person shall not
solicit or accept, directly or indirectly, any gilt, gratuity, favor, entertainment,
loan, or any other thing of monetary value, from anyone who:
EXHIBIT" .of~ - -
F..,g,, _.'"/'
DRAFT
Cb)
(1)
(2)
(3)
(4)
has, or is seeking to obtain, contractual or other business or
financial relations with the County;
conducts operations or activities that are regulated by the County;
has interests that may be substantially affected by the
perfon'nance or non-performance of the person's official duty;
is in any way attempting to affect the person's official actions at
the County; or
is offering an)q. hing of monetary value, including food and
refreshments, to an employee because of the person's official
position.
The prohibitions enumerated in paragraph (a) and (c) of this section do not
apply in the situations enumerated below:
(l)
(2)
(3)
Where family (such as those between the parents, children, or
spouse of the person) or other personal relationships clearly
demon.strate that the relationship rather than the business of the
persons involved are the motivating factors.
Food and refreshments: Under Chapter 112, Florida Statutes, the
word "gift" is defined to exclude "Food or beverage consumed at
a single sitting or event." Pursuant to §112.326, Florida Statutes,
it is the purpose of th.is Code to require more stringent County
disclosure requirements than provided for in Chapter 112, Florida
Statutes. Therefore, notwithstanding any other section or
personnel manual to the contrary, County Commissioners and
County employees may accept food or beverage consumed at a
single sitting or event onJy if the cost for said food or beverage
does not exceed the rate for the appropriate per diem allowance
for said meal as provided in Chapter 112, Florida Statutes. If,
under circumstances beyond the control of the donee, the cost
exceeds the per diem rate, the donee shall file a ,~wit"ten disclosure
statement v-itl'fin five (5) working days of the acceptance with the
County Administrator' on a form provided by The County
Administrator. In addition, food or beverage may be accepted
when (i) offered free in the course of a meeting or other group
function not connected with an inspection or investigation, at
which attendance is desirable because it will assist the person in
performing his or her official duties; or (ii) provided to all
panelists or speakers when a person is participating as a panelist
or speaker in a program, seminar or educational conference.
Loans may be obtained from banks or other financial institutions
on customary terms to finance proper and usual activities of
persons such as home mortgage loans.
Page 2 of 4
Pa~~of.
DRAgT"o. r,, ·
MAY - 5 1998
(c)
(4)
(6)
(7)
(8)
(9)
DRAFT
Unsolicited advertising or promotional material such as pens,
pencils., note pads, calendars and other items of norn.inal intrinsic
value may be accepted, as well as job related literature.
Gifts given for participation in a program, semi. nm' or
educ.~ion~ conference may be accepted only when such
gifts are (i) of nominal intrinsic value; (ii) in the na ,ture of
a remembrance traditional to the particular sponsoring
entity; and (iii) provided to all participants in the program.
Contributions or expenditures reported pursuant to Chapter
106, Florida Statutes, campaign-related personal services
provided 'without compensation by individuals
volunteering their time, or any other contribution or
expenditure by a political party.
Awards of nominal value, plaques and dinners given by a
civic or business organization to honor individuals or
groups for meritorious service, acts of heroism, and
similar conduct.
Local outings offered to all County employees or with prior
approval of the Board of County Commissioners, un.its of County
employees.
Acceptance of invitations given by organizations as a
ceremonial gesture, with prior approval of the Board of
Count'.,' Commissioners needed for events outside the
CouJ:]ty.
A person sh~l not solicit a contribution from another person for a gift to an
official superior, make a donation as a gift to an official superior, or accept a
gift from a person receiving less pay. However, this paragraph does not prohibit
a voluntm-y gift of nominal value or donation in a nominal amou.ttt made on a
special occasion such as marriage, illness, or retirement.
No Coun~ CommS~ioner or County employee may engage in outside employment or
other outside activity, with or without compensation, which is in conflict with or
otherwise not compatible with the full and proper discharge of his or her duties and
responsibilities to Collier County. Incompatible a=tivities include but are not limited
tO:
(a)
('b)
(c)
acceptance of a fee, compensation, gift, payment of expenses, or
any other thing of monetary value in circ~ces in wh. ich
acceptance may result in a corfflict of interest situation; or
outside employment which tends to impair his or her mental or
physical capacity to perform his or her duties and responsibilities
in an acceptable manner; or
outside employment or activities (excluding the publication, ,of
articles) which reasonably might be regarded as official actio~ of
the County or which might bring discredit upon the Count)'.
EXHIBIT" ....
Paga ,, ,
A III
,3 ,oi_-DRAFT
Page 3 of 4
AGENDA ~EM
NO. ~0o . _
HAY -5 1998
SECTgON 2_.
SErES?tiff.
If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any
reason held to be unconstitutional, inoperative, or void, such holding shall not affect the
remaining portions of this ordinance, and it shall be construed to have been the legislative
intent to pass the ordinance without such ~constitutional, invalid or inoperative part.
I
SECTION 3.
PENAL TE
Pursuant to {}125.69, Florida Statutes, a person who violates any provision of this
Ordinance shall be subject to prosecution in the name of the State in the sa:ne manner as
misdemeanors are prosecuted; and, upon conviction such person shall be punished by a fine
not to exceed $500.00 or by impfisorenent in the County Jail not to exceed sixty. (60) days or
by both such fmc and imprisom'nent.
SECTION 4.
EFFECTFVE DA TE.
This ordinance shall become effective upon becoming law.
Approved and adopted by the Board of County Commissioners of Collier County.,
Florida on th.is day of , 1998.
D AFT
This ordinance was moved for adoption by Commissioner ,
seconded by Commissioner ...... and adopted by the follov,'ing vote:
Chairman
Vice Chairman
Commissioner
Commissioner
Commissioner
The Chairm~ thereupon declared the ordinance duly passed and adopted this
day of ., i998.
Attest:
Dwight E. Brock, Clerk
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Chairman
Approved a.s to form and legal sufficiency
DRAFT
Page 4 of 4
~ounty Attorney
No. /"'' .
.MAY - 5 1998
EXHIBIT"~
Page.
t
John C. Norris
District 1
Timothy L. Hancock, A1CP
Districl 2
Tin'~otl'~ J. Constanbne
District 3
Pamela S. Ma¢'Kie
Dist4ct 4
Barbara B. Berry
Di._,t dct 5
3301 East Tamiami Trail · Naples, Fiodda 3~,112-4977
(941) 774-8097 · Fax (941) 774-3E,02
MEMORANDUM
DATE:
TO:
SUBMITTED BY:
RE:
April 29, 1998
Board of County Commissioners
Timothy J. Constantine
Commissioner, District 3
Collier Count)' Board of Commissioners Ethics Ordinance
For several months the issue of ethics in government has been at the forefront of the
nev,'s ia Southwest Florida. Questions over business dealings of two Commissioners and
the result on their ability to govern appropriately have lingered. The public has
expressed a concern about a variety of ethical issues. Some are problems of perception,
but some could very well prove to be problems of substance. While one hopes and
expects that all our elected officials are beyond reproach, rea:.~nable extra safeguards
should offend no one.
There appear to be two primary areas of concern. The first is private business
relationships a Commissioner may have with people or entities that appear before the
Board. While Chapter 112, Florida Statues, clearly state elected officials shall avoid any
conduct which a reasonable person would expect to result in:
a. using private office for public gain
b. giving preferential treatment to any person
c. making a government decision outside official channels
AGENDA ~TEM
HAY - 5 1998
Memorandum
April 29, 1998
Page -2-
We have still had questions about the business dealings of two Commissioners. One has
had to "conflict out" of voting roughly thirty times. Another was involved in a high
profile development proposal. Each has raised a question in the public's mind as to the
impact of their personal dealings on other government decisions. Regardless of whether
there is merit, the issue has been raised and the perception is there. The most simple
way to avoid these issues in the future is for County Commissioners to be prohibited
from engaging in business with anyone who could reaz, onably be expected to come.
before the Board of County Commissioners requesting any sort of decision. No outside
business of that nature means few or no situations where conflicts could arise.
The second issue is the long wait for a final response from the State of Florida when
ethics complaints are filed. It can take as long as a year and one half, which means
either the public is stuck with an elected official 1 $ months longer than it should be, or
an unsubstantiated claim can unnecessarily tarnish an official's image for 18 months.
Neither situation is acceptable. Obviously, our Commission does not have the authority
to alter the State process, however we can supplement it. I have been in discussions with
member(s) of our local judiciary about a three member panel of judges who could
review the facts in any ethics complaint and issue ma Advisory to the public. The
Advisory, while non-binding, would be intended to help tl-,e public gauge the intensity of
concern from an apolitical, nonpartisan body. The objective Advisory could be as
simple as one of three recommendations by the panel. Examples of potential
recommendations:
I. The complaint appears motivated by something other than a serious
ethical lapse. While all complaints warrant investigation, it appears
public confidence in tiffs official should not be affected by the ongoing
investigation.
2. The complaint warrants further investigation by the State of' Florida. An
immediate full explanation of the facts by the elected official to the public
is strongly encouraged.
3. It appears that a serious ethical lapse may have indeed occurred. It is the
panel's advice that the elected official voluntarily suspend regular
activities of office until the State has concluded its investigation.
Again, I stress that the panel would be Advisory in nature and offer non-binding
comments for the benefit of the public The citizens could achieve some level of comfort
without having to wait 18 months.
HAY - 5 1998
Memorandum
April 29, 1998
Page -3-
These two issues are key elements in assuring public confidence in the work we do.
Numerous tangential issues have arisen; however, we should be careful not to be
sidelined or distracted by such issues that have not been and are extremely unlikely to be
problem areas.
In closing, the facts demonstrate that Collier County has been blessed with good people
in public office. Not all communities have been so lucky. In the past fifteen years,
numerous Florida communities have had to live through the nightmare of abuse and
neglect of public office. If there is a problem, real or potential, it is our responsibility to
respond. Let us make sure, however, that our actions are careful, measured and carry
some substance. Overreaction, unnecessarily cumbersome or needless changes where no
problem exists, may gain a temporary bump in public relations, but in the 10ng run do
more harm than good.
I be!ieve the two issues I have addressed deal with real and/or potential problems. I am
confident they go a long way toward assuring the people of Collier County that they will
rightfully expect fro ir public servants.
continue to enjoy the ethical behavior they
[~fi'nunissil~ner, District 3
TJC:cb
HAY - 5
D_~[~: To re-appoint/appoint members to the Lake Trafford Restoration Task Force and
approval from the Board of County Commissioners for the extension of the conu'rfittee for 1 year,
expiring on May 7, 1999.
CONSIDERATIONS: On May 7, 1996, the Board of County Commissioners sdopted
Resolution No. 96-225, establishing the Lake Trafford Restoration Task Force for a period of 1
year to identify ways in which to adequately restore the lake, as well as determine the best
funding sources available for thc Lake Trafford restoration effort. The 14 mernber task force was
to prepare written findings and recommendations and present them to the Board of County
Commissioners within I year. On May 20, 1997, the Board of County Commissioners extended
thc term for 1 year expiring on May 5, 1998.
In order to permit the Lake Trafford Restoration Task Force to finalize its work, it is necessary to
extend the task force through May 7, 1999.
The membership of the task force is as follows:
MEMBER
Barbara B. Berry, Chairman - Board of County Commissioners
~ Carlson, South Florida Area Manager - National Audubon Societ7
Dr. Eric Flaig, Senior Engineer - South Florida Water Management District
Dr. Gail G. Gibson, Senior Hydrogeologist - Pollution Control Department
Gene Heam - Rex Properties
John M. Iglehart, Environmental Manager - Water Management Division
Frank Morello, Biological Administrator - Game & Fresh Water Fish Commission
Edward Olesky - Lake Trafford Marina, Inc.
Miles Scofield - Scofield Mar/ne Consulting
Michael Simonik, Environmen~ Policy Facilitator - The Conservancy
Jackie Smith, Regional Biologist - Department of Envkorunental Protection
Clarence Tears, Director - Big Cypress Basin
Fred N. Thomas, .Jr., - Greater Immokalee Chamber of Commerce
Pam Brown - new appointment
FISCAL IMPACT: NONE
GROWTH MANAG.E. MENT hMPACT: NONE
.RECOMMENDATIQN: That the Board of County Commissioners approve the attached
resolution for re-appointments/appointment of members to the Lake Trafford Restc~tion Task
Force; extend the task for 1 year with an expiration date of May 7, 1999. ' .....
AGENCL6 ~TEM
No. /u.c_..
Prepared By: Sue Filson, Administrative Assistant
Date: MAY 5, 1998
MAY - 5 1998
pg.
,SENT BY:CC HOUSING AUTHORITY
; 4-20-g$ ; 2:52PB =
?743502;1 1
RECEIVED
.Board of Count~. Corr~issioners
I
1800 Farm Worker Way. I~m~.~e, ln.~rida ~41,12
(~ll) 65%3649 Fax: (941) 657-~2
AGEN TEH
- ,,'~AY - 5 1998
LAKE ~'RAFFORD
RF.,YTORA TION TASK FOR CE
Sue Irilso n
Board of Cou~ Commis6orm-~
~01 Faro Tsmi~g Trsll Fa~
lqs:pks, Florida 34112
Att~hed ~ a ~ i~ or,he Lak~ Trafford R~r~on T~k For~ ~ who
actively inv~lv~ in the re~tormion of the lske. We ~r~ due to ~ in May ~ need to
ml~ortly for wire will b~ a thr~y~' work progr~n.
C;: Lak~ Trdrvrd Pamoration Trak Forc~
AGENDA IT. EM
Nc) o~
/4AY -5 1990m''
Po. ~
. ~ENT BY:CC HOU$I~ AUTHORITY
· o o
, 4-20-$a , 2:52Ptl ,
CCHA'* '/743,'~02 ;~I 3
QITtl & FiSh WMat Fi~ ~
Wld~~~~12
Phor,: (941,___v~ pF~ ~
P~.
~ O, M:mO~ Ph.D., P.O,,
Ca'dot ~.~
CoMr Cou~ Oova'rvn~
:3~01E. TlrnM'nl Trefl, B, kSg. H, 3~ Fkx:x'
NmiXel. Fk3rfdl 3,4112
(941)732-2674
E-mil: rffn IC3(34 I~N:MI. f'M
P4x PmpmM
IDhon~ (:841~0~'7~17
~ Fkxtdl 341n9
Pt~ (Od1)2a~.0304 ~Kf. 222
FBx: (941 :)31S2.e~r?2
31114~13 FMtLIII Way
Wi~ Fkxtdll ~414
(061)701.4720
(~1)791-4Y22
AGENp~ ~T..E,M
MAY - 5 1998
P.O. Bm(
~ (141)8e7-171~
AGENDA Z~E~
No. ,~0. C.... -4Bl~
MAY - 5 1~8 N~
pg. ,~"~ o
Pd~SOLUTION NO. 98-
A RESOLUTION EXTENDING THE TERM. OF THE LAKE TR. AFFORD
RESTORATION TASK FORCE AND REAPPOINTING MEMBERS TO THE
LAKE TRAFFORD RESTORATION TASK. FORCE.
WHEREAS, ~h¢ Board of County Cornmi~ion~ of Collier Court%,, Flm'kh,
R~olution Nos. 96-225 ~d 97-250, ~ablishing ~ ~ T~ffo~ R~ T~ F~ f~
p~ of ~e y~ ~d ~ ~t~ing thc t~ for ~ ~difi~ ~c (1)
May 7, I~8; ~
~~, in o~ m fi~lize ~e wo~ n~ m ~
n~e~ m ~t~ the t~ ofthi~ ~d h~ ~mmia~ f~ ~ ~ditio~l ~e (1) y~ ~; md
~~, ~he ~aimm of the ~e T~fford R~6~ T~k
NOW, ~FO~, BE ~ ~SOL~D BY ~ BO~ OF CO~
CO~{ISSIO~RS OF COLLIER CO~, FLO~&
I. ~e ~ke T~fford Re~loralion T~k Fome i~ h~by ~t~d~ for ~n ~ditio~l
ped~ ofone (I) ye~, ~aid tern lo ~pire May 7, !~.
2. ~e following mmb~ ar: he.by ~-~int~ to ~e ~e Tmff~
T~k Force.
Barbara B. Berry, Chairman, Board of County Commissioners
Ed Carlson, South Florida P."r.a Manager, National Audubon SocieW
Dr. Eric Flai~'. Senior Engin~'r, South Florid~ Water M~n~gemen! District
Dr, Gill G. Gibson, Senior Hydrogeolo&qst, Collier Conn~y Pollution Control Dep.~'tment
Gene Heam, R~x
John M. 181ch~rt, Environmemal Administrator, De.p~tment of Envirorm~en~al Protection
Frank Momllo, Biological Administrator, Division of Fisheries, Evergl~dcs Re~qcm,
Game & Fresh Watt-r Fish Commission
Edward "Ski" Olesky, L~ke Trafford Marina, Inc.
Miles "Rocky" Scofield, Scofield Marine Consulting
Michael Simonik, Environmental Policy Facilitator, The Conservancy
Jackie Smith, Regional Biologist, Department of Environmenlal Protection
Clarence Tears, Director, Big Cypress B~in, South Florida Wster M~.nagement Di~"crict
Fred N. Thomas, Jr., Greater Immokalee Ch~J'nber of Comznerce
AG£ND¢
NO
P~e I of 2
HAY - 5 19fl8
P~. ~
3. Para Bruwn is hereby appointed lo the Lake Traffc~ Re~:~'~on Task F~'ce.
Tiffs P.~aolufion ndopled ~b[s. . day of ,199~ after motion, second
arxi majority v~e frv~ring t.~rne.
ATTE.TT:
DWIGHT E, BROCK,
BOARD OF COUNTY CO~,O~flS$IONERS
COLLIER COUNTY, FLORIDA
By:
BARBARA B. BEKRY, CHAIR.M~N
Approved as ~o form tnd
legal ~uffi ci~'o':.
David C. Weigel ~)
County Attorney
Task
Pale 2 of 2
EXECUTIVE SUMMARY
DEFERRAL OF ONE HUNDRED PERCENT OF THE IMPACT FEES FOR 101 UNITS
OF A 168 UNIT AFFORDABLE HOUSING PROJECT KNOWN AS ARBOR VIEW
APARTMENTS AFFORDABLE RENTAL UNITS, TO BE BUILT BY A FLORIDA
LIMITED PARTNERSHIP, AND SUBORDINATION OF LIEN.
To have the Board of County Commissioners approve dcfcrral of the Library System Impact
Fees, Parks and Recreational Impact Fees, Road Impact Fees, Emergency Medical Services Fees,
Water Impac! Fees, Sewer Impact Fees, and Educational Facilities Impact Fees for 101 units of a
168 unit rental affordable housing project to be corisl~cted by Arbor View, Ltd.
CONSIDERATIONS:
On March 17, 1998 Arbor View, Ltd. a Florida Limited Partnership, filed an impact fee deferral
application to provide for 101 of 168 dwelling units to be rented by tenants with incomes not
exce-.xting 60% of median household income for Collier County.
Under the terms of the impact fee waiver and deferral ordinances Arbor View, Ltd. is eligible for
the following impact fee deferrals:
a) Library System Impact Fees $ 18,232.52
b) Road Impact Fees 94,435.00
c) Parks & Recreation Impact Fees
Community Parks 40,299.00
Regional Parks 18,079.00
d) Emergency Services Impact Fees 202.00
e) Sewer Impact Fees 135,340.00
f) Water Impact Fees 90,900.00
g) School Impact Fees .~SJ.,f22.d~
TOTAL IMPACT FEES DEFERRED $ 481,014.52
FISCAL IMPACT:
Impact fees totaling $481,014.52 would be deferred until November 15, 2004. These impact fees
would be repaid and available in the appropriate impact fee funds for the fiscal year 2004 budget.
The proposed fiscal impact fee deferral is not budgeted. On March 30, 1994 impact fee
ordinances were amended to not require reimbursement to the impact fee funds for Affordable
Housing Impact Fee Deferrals granted fora six year period. ~' ~]l~A)
MAY 0 5 1998
P~. ~
Executive Summaxy
Arbor View Apm-'a'nents
Page Two
GROWTH MANAGF. bfENT [MPAC~r:
Dermal ofimp~t f~ will provide relief to a dev¢lolgr of housLug for very low and low income
famili~ ia complianc~ with Policy 1,5.2 of the Housing Element of the Grow'~h Man~g~ne~t
Plan.
RECOMMF. NDATIONS:
The Boazd of County Commissioner~ approve the def~'al of impact fe.e~ for 101 o£ 168 units of
Arbor View Apa.,'tm~ts to be built in Collier County by Arbor Vi~,v, Ltd. The Board of County
Commissioners c~n delay the contribution for impact fee deferrals for up to seven year~ from the
date of deferral. This impact fee deferral is due and payable on November 15, 2004.
04/17/98
PREPARED BY:
~G'~¢Z l~fi~Ii~, Director
Housing'm:d Urban Improvement
Date
APPROVED BY:
Vincent A. Cautero, AICP, Adminisuator
Community Dev. And Environmental Svcs.
Date
jd/f/sr'oorview/¢ x ~:sum
6
7
8
9
I0
11
12
13
14
~6
19
2O
21
22
24
25
26
28
29
31
32
3]
36
RESOLUTION NO. 98- .
A RESOLUTION OF TIlE BOARD OF COUNTY
CO~rlSSIONT...RS, COLLIER COUNTY, FLORIDA
Au'rHoRIZING THE DEFERRAL OF LIBRARY
SYSTEM IMPACT FEES, PARKS AND RECREATIONAL
FACILITIES IMPACT FEES, ROAD IMPAC-I' FEES,
WATER IMPACT FEES, SEWER FISIPACT FEES,
EMERGENCY MEDICAL SERVICES IMPACT
FEE5, AND EDUCATIONAL FACILITIES SYSTEM
I~PACT FEES FOR 101 OFTHE 168 UNITS FOR
ARBOR VIEW APARTMENTS, AN AFFORDABLE
RENTAL HOUSING PROJECT, AND SUBORDINATION
OF LIEN.
WHEREAS, Collier Ccunry h~ rccol:nized ~d anempled to address the lack of ade..quate and
affordable houling for moderate. Iow, and very Iow income households in Collier County and the
need for creative and innovative programs lo assis~ in the provision of such housing by including
several provisions in the Collier County Growth Management Plan. including: objective 1.4.
policy 1.4.1, objective 1.5, policy 1,5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6;
object 1.6, policy 1.6.3; objective 2.1, policy :'.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and
policy 2.1.6 of the Housing I::lcmcnt; and
WIIEREAS, Arbor View. Ltd. '~,ill undertake ~hc dcvelopmen~ of Arbor Vic,,,,'
Apartments, a one hundred sixty eighl (168) uni~ affordable rcmal housing commun,y on a si~c
located in Collier Courtly, Florid,,. of¥.'h~ch Arbor Vie,,,. L~d is or. ncr; and
WHEREAS. an March 1'. 199~. an apphcal~on '.,.as filed ~,,~h the Housing and Urban
Improvemcnl Dcpa.amem for the deferral o£Colher Count)~mpacl Fees For 101 of'thc 168 units
of thc Arbor Vie',,.' Apartments consis~en~ with ~he requirements or' the County impact Fee
ordin~ccs; ~d
WtlEREAS, ,n accordance with Sccnon 3.4 o1' the Libra.">' System L'npact Fee
Ordinance, Ordinance No. 88-97, a.s a.mendcd; Secdo.", 4.05 of '~he Parks and Recreational
Facilities Impact Fcc Ordinance, Ordinance No. 88-96. as lmcnded; Sec,on 3 04 of the Road
lmpacl Fcc Ordinance. Ordinance No. 92-22, as amended. Collier County Ordinance No. 90-$6.
as amended, thc Collier Counly V,',~er Syslem Impacl Fee Ordinance; Colher County Ordinance
No. 90-87, ~ amended, thc Collier Counly Sewer System Impact Fee Ordinance; Section 3.05
of thc Emergency Medical Ser¥iccs System lmp',ct Fee Ordinance, Ordinance No. 91-71, as
amended; and Section 3.05 of' the Educational Facilities System Impac~ Fee Ordinance,
AO D
NO,. ~
I
2
4
6
7
9
10
I
2
3
5
6
17
18
19
20
21
22
23
2a
25
26
27
28
29
30
31
32
33
34
35
36
37
3g
39
Ordinance No. 92-33. u a. mrad~t, ~n qvp~ic~nt ma), ob~n a dermal of one h~cd ~rccnl
(I~/0 of~p~ f~ for a p~ or,ix (6) y~ by quali~g for ~d d~f~; ~d
~~, ~r Vi~ ~U ~ q~fi~ for ~ ~p~l f~ def~ b~ u~n
~e follo~g ~r~ufio~ ~e by ~r Vi~, Ltd.:
~ ~ ~el~g U~t ~ ~ ~e ~ ~d~g of~e ~up~t~t.
B. ~e ~ehold ~:~g ~e ~el~g U~t muir ~ve a v~ Iow or low income level,
~ ~e ~c~t of ~c l~holfl ~d d~tion ~crcoL ~ ~at I~ is defined in
· e App~dices ~ ~e ~6ve ~pact F~ ~din~ces ~d the mon~ly r~t must be
~ ~he ~or~le M~g ~delines es~blish~ in ~e App~diees to ~e
~tive ~pgt F~ ~c~.
C. ~e ~ell~g U~t ~I r~ain ~ordable for It le~t fiieen (15) ye~s bom the date
~e c~ificate of ~cup~cy is ilsued.
1. ~e Bo~d ofCoun~ Co~i~sionm h~eby ~uihofized ~he defe~al by Collier Coun~ of the
following'impact fees in the ~ount~ lis:ed below for the one hundred and one (101) of the
one hundred sixty eight (168) affordable housing units m be developed by Mbor View, Lid.
~ identified in Exhibits "A" ~d "B":
a) Library System Impact Fees $ 180.52 S 18,232..52
b) Road Impact Fees 93.5.00 94.435.00
c) Parks & Recreation Impact Fees
Community Parks 399.00 .1u.299.00
Regional Parks 179.~ ! S.0'9.00
d) Emergency Ser','iccs Impact Fees 200 202.00
e) Sewer Impact Fees 1,340.00 135,340.00
0 Water Impact Fees 900.00 90,900.O0
g) School Impact Fees 827.O0 83.527.00
TOTAL I.MPACT FEES D£FER. RZD $4,762.52 S481,014.52
2. A) In compliance with the provision of the Collier County impact fee ordinances, Arbor
View, Ltd. has demonstrated to the County that a subordination of ~he County's rights, interests
and lien is necessao' to obtain financing for the Arbor View Apartments, an affordable housing
project consisting of one hundred sixty eight (168) multi-family dwelling units; and
gAY 0 5 1998
4
$
6
?
9
lO
1!
]2
13
14
~5
16
17
2O
21
22
23
24
B) In compliance with th~ pr~visiom of the impact fee ordinances, the Owner will deliver to
the County ~ubrdtule collaleral in the form of cash and a cash equivalent financial
immm~en! payable to the County which together will yield to the County the full amount
of the deferred impact fees, i.e., the sum of Four Hundred Eighty One Thoutamd and
Fo~rleen Dollars ~ 52A00 (S4gl,014.52) al the cxpL"afion of the period of thc deferral,
November 15, 2004, i.e., a United States Treasury Zero Coupon Bond wkich will mature
at the end of the deferral l:~iod, November 15, 2004, md, upon marurivy, would yield an
ra'nount equal to the amount of the deferred fees. County coveruxnts and agrees that it
will not negotiate the bond unless and until the deferred impact fees become due and
payable pursuant to the terms of the Agreement for Deferral of Collier County Impact
Fees and fha! all moneys received by negotiation of the bond shall be applied to the
payment of said del,re'cd impact fee obligation owing by Arbor View, Ltd.
C) The County hereby covenants and consents and agrees that its rights, interests and lien
pursuant to the Agreement shall be subordina,ed to the lien of the Morlgage and Security
Agreement ("Mortgage") and other documents executed by Owner in consideration
therewhh from Arbor View. Ltd. to WR.H Mon.~age, Inc. or Midland Mortgage Corp.. or
other primary lender in the principal amoum of up to Eleven Million Dollars
(SI l,OOO.O00) plus accrued interest and all advances authorized under th,: provisions of'
such mortgages. The Coun:y ',,,'ill execute r,'ach subordination agreements as may be
reasonably required by said mortgagees.
Deferral of said impact fees is subject to and contingent upon execmion ~d recordation
of an Agreement for Deferral of Collier County Impact Fees which shall be entered into
between the applicant and County.
This Resolution adopted after motion, second and majority vote favoring same.
25 DATED:
26 ATTEST:
27 Dwight E. Brock, Clerk
28
29 '
30
31
32 Approved as to form and
33 Icgal~suf'fi;ienov: / .
35 H~:i~i¥.'AJhton ' -
Assistant County Attorney
36
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Barbara B. Berry, Chairman
1998
EXltlBIT "A'
AR.BOR VIEW APARTMENTS ' LEGAL
DESCRIlYEIOH
The l~orth 300 fee~ on the North % of the North % of the Southwest
% of the Northesst % of S~on 10, To~sbfp 48 Sou~ ~ge 2S
E~ Co.er Coun~, ~ ly~g w~t of ~e Tz~z~ Tr~ (S~
~ad no. 4~ ~d ~o ~e Sou~ 1~ of ~e No~ % of the No~c~t
% ~g w~t of O~ U. S. 41, Scion 10, Township 48 South, ~nge
25 Ets~ Collier Count, ~orldL
MAY 0 5 1998
EXHIBIT
UNPLA'f'T~
POL~ H~GHT: 55'
/
/
ARBOR VIEW
/
/
/
!
/
/
MAY 0 5 1998
AGREEMENT }'OR 100% DEFERRAL OF COLLIER COUNTY IMPACT FEES
This Agreement for the Deferral of Impact Fees entered into this ~ of
199g, by and between the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as "COUNTY" and Arbor Vie,,,,', Ltd.. hereinafter referred to as
"OWNER".
WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County
Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the
Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County
Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System
Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County
Road Impact Fee Ordinance; Collier County Ordinance No. 90-86, as amended, the Collier
County Water System Impact Fee Ordinance; Collier county Ordinance No. 90-87, as amended,
the Collier county Sewer System Impact Fee Ordinance; and Collier County Oi'dinance No.
92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as
they may be further amended from time to time hereinafter collectively' referred to as "Impact
Fee Ordinance", provide for deferrals of impact fees for new owner-occupied dwelling units
qualifying as affordable housing; and
WHEREAS, Arbor View, Inc. is the duly authorized General Panner with Charles
Erdman, Jr. as President; and
WHEREAS, Arbor View, Ltd. has applied for a deferral of impact fees as required by
the Impact Fee Ordinance, a copy of said application is on file in the Housing and Urban
Improvement Department; and
~,VHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing
deferral of impact fees as established in the Impact Fee Ordinance; and
0 5 1998
, at its regular meeting of
WHEREAS, the Impact Fee
Agreement with the COUNTY.
WHEREAS, the impact fee deferral shall be presented in lieu of payment of the
requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying
the project as eligible for an impact fee deferral; and
WI~REAS, the COLrNTY ~proved a deferral of impact fees in the amount of Four
Hunded Eighty One Thousand and Fourteen Dollars and 52/'100 ($481,014.$2) for six yea.rs from
date of certificate of occupancy for Arbor View Apartments embodied in Re~olution No. 98-
and
Ordinance requires that the O'~,~"ER enter into an
NOW, THEREFOI:~, in consideration of the foregoing recitals, the parlies covenant
and agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be
incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling units (the "Dwelling Unit")
is attached hereto as Exhibit "A" and incorporated by reference herein.
3. SITE PLAN. The site plan of the dwelling units (the "Dwelling Unit") is attached hereto as
Exhibit "B".
4. TEILM. OV, q~ER agrees that the Dwelling Unit shall remain affordable and shall be
offered for rent in accordance with the standards set forth in the appendix to the Impact Fee
Ordinance for a minimum of fifteen (15) years commencing from the date a certificate of
occupancy is issued for the Dwelling Unit.
5. REPRESENTATIONS AND WARRANTIES. OWNER represents and wan-ants the
following:
a) The Dwelling Unit shall be the permanent residence of the occupant/tenant.
b) The household renting the Dwelling Unit must have a very Iow or Iow income level, at
the commencement of the leasehold and duration thereof, as that term is del
Appendices to the respective Impact Fee Ordinances and thc monthly rent
ust be within
MAY 0,5 1,998
o
7.
the affordable housing guidelines established in the Appendices to the respective
Impact Fee Ordinances.
The Dwelling Unit shall remain affordable for at least fifteen (15) ye, ars from the
date the certificate of occupa.ncy was i~sued.
SUBSEQUENT RENTAL OR TRANSFER. If OWNER rents the Dwelling Unit
subject to the impact fee deferral to a subsequent renter, the Dwelling Unit shall be
rented only to households meeting the criteria set forth in the Impact Fee Ordinance.
The impact fees deferred shall be immediately repaid to the COUNTY upon the
discontinuance of use of the Dwelling Unit as affordable housing, or six years from
the date such impact fees are deferred, whichever occurs first. OWNER agrees that
even though the impact fees have been repaid to the COUNTY, the OWNER will
utilize the Dwelling Unit for affordable housing for at least fifteen (15) years from the
date the certificate of occupancy was issued for the Dwelling Unit.
LIEN. The deferred impact fees shall be a lien upon the property which lien may be
foreclosed upon in the event of non-compliance with the requirements of this
Agreement. The COUNTY acknowledges and agrees that:
(a) In compliance with the provision of the Collier County Impact Fee Ordinances,
OWNER has demonstrated to the COUNTY that a subordination of the County's
rights, interests and lien is necessary to obtain financing for Arbor View
Apartments, an affordable housing project consisting of one hundred sixty eight
(168) units; and
(b) In compliance with the provisions of the Impact Fee Ordinances, the
will deliver to the COUNTY substitute collateral in the form of cash and a cash
equivalent financial instrument payable to the County which together will yield to
the COU'NTY the full amount of the deferred impact fees, i.e., the sum of Four
Hundred Eighty One Thousand and Fourteen Dollars and 52f!00 ($41
the expiration of the period of the deferral, November 15, 2004, i.e.,
~o./¥~? . I
a United
hlAY 0 5 1998
ninety (90) days to comply with the Affordable Housing guidelines set forth
respective Appendices.
States Treasury Z~ro Coupon Bond which will mature at the end of the deferral
p~iod, November 15, 2004 and, upon maturity, would yield an amount equal to
the amount ofthe deferred fces. COUNTY covenants and agrees that it will not
negotiate the bond unless and until the deferred impact fees become due and
payable pursuant to this agreement and that all moneys received by negotiation of
the bond shall be applied to the paym~tofsaid deferred impact fee obligation
owing by Arbor Vi~v, Ltd.
(c) The County hereby covenants and consents and agrees that its fights, interests
and lien pursuant to this agreement shall be subordinated to the lien of the
Morlgage and Security Agreement ("Mortgage") and other documents executed
by OWNER in consideration therewith from Arbor View, Ltd. to WR.H
Mortgage, Inc. or Midland Mortgage Corp., or other primary lender in the
principal amount of up to Eleven Million Dollars ($11,000,000), plus accrued
interest and all advances authorized under the provisions of such mortgages. The
COUNTY will execute such subordination agreements as may be reasonably
required by said mortgages.
8. ANNUAL REPORT. Annually, the OWNER ofthe Dwelling Unit shall provide to the
County Administrator an affidavit of compliance with the affordable housing
qualification criteria and standards set forth in the Impact Fee Ordinance. Said affidavit
must be filed within thirty (30) days of the anniversary date of the issuance of the
certificate of occupancy. If the income of any unit renter which originally qualified as
low income level as defined in the respective Appendix to the lmpact Fee Ordinance
increases by more than forty percent (40%) above the low income level described in the
appendix, then the per unit deferred impact fee on the non-compliance unit shall become
immediately due and payable by O~2q-ER or, in the alternative, the GWNER shall have
NO. ~
4
MAY 0 5 1998
9. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements,
and upon payment of the deferred impact fees, the COUNTY shall, at the expense ofthe
COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
10. BINDING EFFECT. This .Agreement shall be binding upon the parties to this
Agreement, their heirs, successors and assigns. In the case of sale or transfer by gift of
the Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred
until said impact fees are paid in full.
11. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
12. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to
rent the property in accordance with the affordable housing standards and qualification r
criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees
due within thirty (30) days of notice of said non-compliance, or (2) where OWNER
violates one of the affordable housing qualification criteria in the' Impact Fee Ordinance
for a period of fifteen (15) days after notice of violation. However, with respect to the
Annual Report. OWNER shall not be in default of this Agreement until a fifteen (15) day
grace period from the due date of the repor~ has lapsed in the event the OWNER is in
default.
13. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification cr/tefia at any time during the fifteen (15) year period or should OWNER
violate any provisions of this Agreement, the impact fees deferred shall be paid in full by
OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact
fees deferred shall constitute a lien on the property commencing on the effective date of
this agreement and continuing until paid. Except as set forth in Section 6,
be superior and paramount to the interest in the Dwelling Unit of any
:)WheT, lessee,
MAY 0 5 1998
p,g. ,'~ _
tenant, mortgages, or other person except thc lien for County taxes and shall be on parity
with the lien of any such County taxes. Should thc OWNER be in default of this
Alp'e. ement and thc default is not cured within thirty (30) days alter written notice to thc
OWNER, thc Board may bring a civil action to cm.forc.~ thc Agreement. In addition, thc
lien may be foreclosed or otherwise enforce~ by the COUNTY by action or ~it in ~uity
~ for the foreclo~u'e of a mortgage on real property. This rcmecly is cumulative with
any other right or remedy available to the COUNTY. Notwithstanding the foregoing, the
COUNTY shall realize upon the collateral given to it by OWNER as described in Section
6c prior to exercising any rights to recover against property. The Board shall be entitled
to recover all fees and costs, including attorney's fees, plus interest at the statutory rate
for judgments calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, the parties have executed this Agreement for deferral of Impact
Fees on the date and year first above wTitten.
(2) Witnesses:
OWN'ER:
ARBOR VIEW, LTD..
By: ARBOR VIEW, INC.
Its General Panner
Charles J. Erdr~an, Jr. President
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
(CORPORATE SEAL)
COUNTY:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY:
Barbara B. Berry, Chairman
Approved as to form and
legal sufficiency
~ Cottony Attorney
STATE OF FLORIDA
os
The foregoing i.n~ament was acknowl~ged before me this'5~ ( dgy of ~
1998 by Charles J. Erdman, Jr., Pr~idcnt of Arbor View, Inc., General Partner of Arbor View,
Ltd. He i~e or has produced (type of
id~9~ifi~tion[as ~,~
Name of Acknowlcdger Typecl, Prinl¢d or Stamped
jd/gm/f/arborview/agree
EXHIBIT "A"
ARBOR VIEW.. APARTMENTS-.LEGAL
DESCRIPTION
The North 300 feet on the North V, of the North V, of the Southwest
¼ of the Northeast ~A of Section 10, Township 48 South, Range 25
East, Collier County, Florida, lying west of the Tamiami Trail (State
Road no. 45) and also the South 1/2 of the North M of the Northeast
¼ lying west of Old U. S. 41, Section 10, Township 48 South, Range
25 East, Collier County, Florida.
-8-
MAY 0 5 1998
EXHIBIT "B"
UNPLATrF. D
l] O Jf , t lt VA ]'ION
It I
! I
UNPLA~-rED
POLE HEIGHT: 55'
/
!
!
!
!
!
FEET
¸:'0
REQUEST TO APPROVE FOR RECORDIN~ THE FINAL PLAT OF "WILDCAT CUVE
TWO"Ar4D APPROVE THE VACATION OF A PORTION OF ~TERLI~ OAK~ DRIVE,
AKD PORTIO}~S OF THE PLATS OF STERLIN~ OA~B AND WILDCAT CON~,
PETITION8 AV-97-024 AND AV-97-026
To approve for recording the final plat of "Wildcat Cove Two", a
subdivision of lands located in Section 10, Township 48 South,
Range 25 East, Collier County, Florida, land approve the vacation
of a portion of Sterling Oaks Drive, and portions of Sterling Oaks
and Wildcat Cove, Petitions AV-97-024 and AV-97-026.
CONSIDERATION:
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of "Wildcat
Cove Two". These documents are in compliance with the County Land
Development Code and Florida State Statute No. 177. AIl fees have
been paid. It is the intent of the developer to record the plat
prior to construction of the improvements. The ~ecurity in the
amount of 110% of the total cost of the.required improvements is
being covered by construction and maintenance agreement and a Cash
Bond. This would be in conformance with the County Land
Development Code - Division 3.2.9. A resolution authorizing the
acceptance of these re-platted lands is attached. This would be
in conformance with Florida State Statute No. 177.101(2).
Engineering Review Section recommends that the final plat of
"Wildcat Cove Two" be approved for recording and that a copy of
the replatting resolution be forwarded to the Clerk of Courts.
F~I S CAL I~rPACT:
The fiscal impact to the County is as follows.
The project cost is $24,968.00 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a) Water & Sewer
b) Drainage,
Paving, Grading
- $23,362.00
- $ 1,606.00
The Security amount, equal to 110% of the
project cost, is $27,464.80
MAY 0 5 1998
Executive Summary
Wildcat Cove Two
Page 2
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $1,460.98
Fees are based on a construction estimate of
$24,968.00 and were paid in October, 1997.
The breakdown is as follows:
a) Plat Review Fee
b)
c)
d)
Construction Drawing Review Fee
Water and Sewer (.50% const, est.)
Drainage, Paving, and
Grading (.425% const, est.)
Construction Inspection Fee
Water and Sewer (1.5% const, est.)
Drainage, Paving, and
Grading {1.275% const, est.)
Vacation Fee
- $466.44
- $116.81
- $ 6.83
- $350.43
- $ 20.47
- 8500.00
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
RECC~ATION,
That the Board of County Commissioners approve the Final Plat of
"Wildcat Cove Two" with the following stipulations:
Accept the Bond as security to guarantee completion of the
subdivision improvements.
Authorize the recording of the Final Plat of 'Wildcat Cove..
Authorize the Chairman to execute the attached construction
and maintenance agreement, and Resolution.
That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
Authorize the Clerk of the Circuit Court t~- '
notation of this action upon the previous plat.
MAY 0 5
Executive Summary
Wildcat Cove Two
Page 3
PREPA.RED BY:
John R. Hould~worth, Senior Engineer
En~ineerin~ Review
REVI~ BY .'
Engineering Review Manager
/Rob~r~ Mulhere, AICP
Planning Services Department Director
Vincent A. Cautero, AICP, Administrator
Community Development & Environmental Services
Community Dev. and Environmental Svcs. DIVISION
Date
Date
Date
Date
1998
I
NORTH ~
o&
NAF'LES
:
:2
~ CF.,NT
NAP
(
AL ,,
t
:1
U R i3 A N -,-~.,.:,:
~ST ES
:OLDEN
c
0b'7 9199/
CONSTRUCTION AND MAINTENANCE AGREE1VIENT FOR
SUBDIVISION IMPROVEMENTS
TH/S CONSTRUCTION AND MAINTENANCE AGREF2vIENT FOR
SUBDMSION IMPROVEMENTS entered into this day of
199~between Community Development Corporation of Sterling Oaks, hereinafter referred
to ~ "Developer", and fl~c Boz_~d of County Commissioners of Collier County, Florida,
he~LYmft~r referred to az "The Board".
RECITALS
ho
Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of a subdivision to be known az Wildcat Cove
Two.
Bo
Division 3.2 of the Collier County Land Development Code requires the Developer
to post appropriate guarantees for the construction of the improvements required by
said subdivision regulations, said guarantees to be incorporated in a bonded
agreement for the construction of the required improvements.
NOW, THEREFORE, in consideration of the foregohng premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
Developer will cause to be constn~cted the required improvements as set forth
in the site construction cost estimate ("Estimate") prepared by Q. Grady
Minor & Associates, P.A..a copy of which is attached hereto and incorporated
herein as Exhibit "A" within 12 months from the date of~pproval ~aid
~bdivision plat, said improvements hereinafter referred to(as)the required
improvements.
Developer herewith tenders its subdivision performance security (attached
hereto as Exhibit "B")and by reference made a part of in the amount of
$27,464.80 which amount represents 10% of the total contract cost to
complete construction plus 100% of the estimate cost of to complete the
required improvements at the date of this Agreement.
In the event of default by the Developer or failure of the Developer to
complete such improvements within the time required by the Land
Development Code, Collier Count"./, may call upon the ~ubdivision
performance security to insure satisfactory completion of the required
improvements.
The required improvements shall not be considered complete until
state~nent of substantial completion by Developer's eng,ne~ ,,Io,~~
final project records have been furnished to be reviewed and~approvffff'~yqhe
DevelopmentDevel°pment Services Director for co xmplianC~ecode, with thc Co,¥r ~'n~ ~
The Development Services Director shall within sixty (60) days of receipt of
the statement of substantial completion, either: a) notify the Developer in
writing of his preliminary approval of the improvements; or b) notify the
Developer in writing of his refusal to approve improvements, therewith
specifying those conditions which the Developer mu~t fulfill in order to obtain
the Director's approval of the improvements. However, in no event shall the
Development Services Director refuse preliminary approval of the
improvements if they are in fact constructed and submitted for approval in
accordance with the requirements of this Agreement.
The Developer shall maintain ail required improvements for a minimum
period of one year after preliminary approval by the Development Services
Director. After the one year maintenance period by the Developer has
terminated, the Developer shall petition the Development Services Director
to inspect the required improvements. The Development Services Director
or his designee shall inspect the improvements and, if found to be still in
compliance by the Board, the Board shall release the remaining 10% of the
subdivision performance security. The Developer's responsibility for
maintenance of the required improvements shall continue unless or until the
Board accepts maintenance responsibility for and by the County.
7.
Six (6) months after the execution of this Agreement and once within every
six (6) months thereafter the Developer may request the Development
Services Director to reduce the dollar amount of the subdivision performance
security on the basis of work completed. Each request for the reduction in
the dollar amount of the subdivision performance security shall be
accompanied by a statement of substantial completion by the Developer's
engineer together with the project records necessary for review by the
Development Services Director. The Development Services Director may
grant the request for a reduction in the amount of the subdivision
performance security for the improvements completed as of the date of the
request.
cost, together with any damages, either direct or conseque
Board may sustain on account of the failure of the Develope
the provisions of this Agreement. .
\
In the event the Deve/oper shall fail or neglect to fulfill its obligations under
this Agreement, upon certification of such failure, the County Administrator
may call upon the subdivision performance security to secure satisfactory
completion, repair and maintenance of the required improvement. The Board
shall have the right to construct and maintain, or cause to be constructed or
maintained, pursuant to public advertisement and receipt and acceptance of
bids, the improvements required herein. The Developer, as principal under
the subdivision performance security, shall be liable to pay and to indemnify
the Board, upon completion of such construction, the final total cost to the
Board thereof, including, but not limited to engineering, legal and contingent
~IA¥ 0 5 ;998
All of the terms, covenants and conditions herein contained are and shall be
binding upon the Developer and the respective successors and assigns of the
Developer.
IN WITNESS WHEREOF, the Board and Developer have caused this Agrgemsnt
to be executec; by their duly authorized representatives this -, day of :'. , ..
199~ '
Signed, sealed and delivered
in the presence of:
Printed or Typed Name
Printed or Typed Name
By:
Community Development
Corporation of Sterling Oaks,
A Florida Corporation
Smart O. Kaye, President
ATTEST:
DWIGHT E. BLOCK, Clerk
Deputy Clerk
By:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
.. CHAIRMAN
Approved as to form and
legal sufficiency:
DAVID C. WI~IGEL
Collier County Attorney
[:SO'~CONSTAGRE
~AY 0 5 1998
~,;, ~' _
WILDCAT COVE TWO AT STERLING OAKS
ENGINEERS COST ES~TE
6' Oravity Laterals
6' Clean Outs
Water Service Sleeves
17:" Asphalt
8" Lirnerock Base
12" Stabilized Subgrade
Curb & Gutter
682 l.f @ $11.50 each
31 @ $79.00 each
1,307 l.f. @ $10.00 each --
Sub-Total
$7,843
2,4.49
$23,362
134 s.y. ~ $3.00/s.y. = $402
134 $.y. C~ $5.00/$.y. = 670
134 s.y. @ $1.O0/s.y. = 134
100 l.f. $ $4.00/1.f. = 400
Sub-Total $1,606
Grand ToU~I $24,968
OCT 9 1997
F;SO',SOWC. I
MAY 0 5 1998
0
0
Z~
OL~
0
0
0
MAY 0 5 1998
Pg_ ~
A~AC~ENTA
PETITION FORM FOR VACATION OF
ROAD RIGHTS-OF-WAYS
Date Received: /~-~-~;? Petition I:AV- ~?-EDZ~
Petitioner:C_ommunit¥ Development Corp. Of Sterling QD~.
Address: 16990 North Tamiami Trail Telephon.e;[~9~l 594-5686
Clty/State:~ Naplest FL Zip Code. 34110
Agent: O. Gradv Minor & Associates. P.A.
Ad,tess: ~QQ V~a Dpl ~PY Telephone: (941) 947-1144
City/State: Bonita Sprinqs' FL Zl~ C0d,:34134
Roe4 ~ama: Sterlin~ Oaks Drive
~cation: Sec=ion ~ To--ship 4~ South Range ~st
Legal Description: See attached leqal description and sket~ B-1257
. .~la% Book 23 .~age(s) 5-20
Reduced rlgnt-oc-way 'from 6u' to 50' to accomo~ate
Reason for Re.est: Buildinqs on Lots.'4~-4~
Cu~ent Zoning: PUD Does this affect density? No
I Hereby Authorize Agent Above to Repr.sent Ma for this Petition:
Yes X No __
~ e~itioner bat&
Pr£n= Name Stuart O. Kaye (Title)President of Community
Development Corporation of Sterlin~
Please see "Policy and Procedure of Vacation and Annulment" for the O~ks
list of supportive m~terials which must accozpany this petition,
and deliver or mail to:
Transportation Services
Collier County Government Complex
Naples, FL 33962
Telephone: (941) 774-8494
*(1) If a~plicant is a land trust, indicate the name of
beneficiaries.
(2) If applicant is a corporation other than a public
corporation, indicat~ the name of officers and major
mtockholders.
(3) If applicant is a partnership, limited partnership or other
business entity, indicate the name of principals.
(4) List all other o~ners.
Community Development Corporation of Sterling Oaks, a Florida
Corporation.
MAY 0 5 1998
Q. GRADY MINOR. P.E.
MARX W. MINOR. P.E..
C. DEAN SMITH, P.E..
DAVID W. SCHMITT, P,E.
ol,,.,~u x lviilNOK & ASSOCIATES, P.A.
Civil Engineers · Land Surveyors · Planners
ALAN V. ROSEMAN
LEGAL DESCRIPTION ROBERT W. THINNES, A.I.C,P.
· ER/C V. SANDOVAL PS.M.
A PORTION OF TRA?T "R" (STERLING OAKS DRIVE) ~
STERLING OAKS, PLAT BOOK 23 AT PAGES 5-20
"AREA TO BE VACATED"
(SKETCH B-1257)
A PARCEL OF LAND LOCATED ON THE WEST HALF OF SECTION 10, TOWNSHIP
48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND ALSO BEING A
PORTION OF TRACT "R" (STERLING OAKS DRIVE) AS SHOWN ON THE PLAT
BOOK 23 AT PAGES 5 THROUGH 20 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF LOT 92, TRACT "C" OF STERLING
OAKS, RECORDED IN PLAT BOOK 23 AT PAGES 5 THROUGH 20 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N 06°59'52" W FOR A
DISTANCE OF 10.00 FEET; THENCE RUN N 83°00'0~." E FOR A DISTANCE OF
211.83 FEET TO THE BEGINNING OF A TANGENTIAL CIRC~ CURVE CONCAVE
TO THE NORTH; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE
TO THE LEFT, HAVING A RADIUS OF 171.67 FEET, THROUGH A CENTRAL
ANGI,E OF .10°45'13", SUBTENDED BY A CHORD OF 32.17 FEET AT A BEARING
OF N 77°37'31", FOR A.N ARC LENGTH OF 32.22 FEET TD A POINT OF
REVERSE CURVATURE; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE TO THE RIGHT, KAVING A RADIUS OF 25.00 FEET, THROUGH A
CENTR3~L ANGLE OF 76°55'59", SUBTENDED BY A CHORD OF 31.10 FEET AT
A BEARING OF S 69°17'06'' E, FOR AN ARC LENGTH OF 33.57 FEET TO THE
END OF SAID CURVE; THENCE RUN S 30°49'06" E FOR A DISTANCE OF 10.25
FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, WHOSE
RADIUS POINT BEARS S 59°10'54" W A DISTANCE OF 25.00 FEET
THEREFROM; THENCE RUN SOUTHWESTERLY A/X)NG THE ARC OF SAID CURVE TO
THE LEFT, blAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF
77°34'33", SUBTENDED BY A CHORD OF 31.32 FEET AT A BEARING OF
N 69°36'23' W, FOR AN ARC LENGTH OF 33.85 FEET TO A POINT OF
REVERSE CURVATURE; THENCE RUN SOUTh'WESTERLY ALONG THE ARC OF SAID
CURVE TO THE RIGHT, HAVING A RADIUS OF 181.67 FEET, THROUGH A
CENTR3tL ANGLE OF 11°23'47', SUBTENDED BY A CHORD OF 36.08 FEET AT
A BEARING OF S 77°18'14" W, FOR AN ARC LENGTH OF 36.13 FEET TO THE
END OF SAID CLrRVE; THENCE RUN S 83°00'08" W FOR A DISTANCE OF
211.83 FEET TO THE POINT OF BEGINNING, CONTAINING 0.06 ACRES, MORE
OR LESS.
BEARINGS REFER TO THE NORTHERLY LINE- OF THE NORTHWEST QUARTER OF
SECTION 10, TO~SHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA; AS BEING N 89043'35" E.
Q. GRA~DY MINOR & ASSOCIATES, P.A.
SIGNED
o
,"/~t/,
TOM CHERN~SKY . -/ ; STATE OF F~RIDA
r.s~x~so, c~ . (94!) 947-1144 · F~ (~1) ~7~375 · E-Mail: ~MA~aol.com
38~ Via Del Rey · ~ni~ Springs, FIoNda ~IM
MAY 0 5 1998~r
I
I
!
WILDCAT COVE ~ STERLING OAKS VACATION
O er' Lis O er Owncr's
Within 250' P~diu~ of Vacation Area
Gadalet~, Domenico & Ang¢la
5721 107th Avenue N.
Napl~, FL ~4108
P~rcel 10
Folio/~)0141480008
Watson, Romld E., Kathleen B
25931 Power Road
Far,:n_ in.~ton Hill~, MI 48336
· St~rltn~ Osks Tnct C Lot 102
Folio t874900003421
CSD International, Inc.
Mohawk Trail
Shelburr~ Falls, MA 01370
Parcel 11
Folio 1t00143520007
Huchn~, Lotl~r
Scht¢l, Isle-Marie
14990 Sterling O~,s Drive
Naples, FL 34110
Sterling Oaks Tract C Lot 105
Folio ~/49(XKX)3489
Wisman Tr Paul P
148 Bristol East Road fiB
Bristol, VA 24202
Parcel 28
Folio//00144680001
Otto, Jay A, Alma G
14940 St~rling Oaks Drive
Naples, FL 34110
Sterling Oaks Tract C Lr~t 115
Folio ~4900003683
Langley, Christopher Lee
6326 Mayo Drive
San :lose, CA 95123
Sterling Oaks Tract C Lot 98
Folio//74900003340
Gaffney, Brian T & Bettina M
1160 16th Street
Fort Lee, NJ 070124
Sterling Oaks, Tract C Lot 103
Folio ~4900003447
Nowe, Leslie K, Anderson, Catherine M
14876 Sterling Oaks Drive
Naples, FL 34110
Sterling Oaks Tract C Lot 99
Folio//74900003366
Keller Kenneth P & Marylu R Roeser
14896 Sterling Oaks Drive
Naples, FL 34110
Sterling Oaks Tract C LOt 104
Folio ~r/4900003463
Springvloed, Arnold & Anna M
14904 Sterling Oaks Drive
Naples, FL 34110
Sterling Oaks Tract C Lot 106
Folio//74900003502
Meyering, Edwin L & Janet R
25 Burr Oak Drive
Pittsford, NY 4534-3537
Sterling Oaks Tract C Lot 107
Folio ~/4900003528
Valerio, Gennaro F & Josephine
19912 Sterling Oaks Drive
Naples, FL 34110
Sterling Oaks Tract C Lot 108
Folio//'/4900003544
Burton, David S & Janet L
7881 Sarbury Drive
Dublin, OH 43016
Sterling O~cs Tract C Lot Ii
Folio ~/4900(D3560
MAY 0.5 1998
Lucyk Jcffery D, Fra.nko Sharon L
6218 Curtis Road
Plymouth, MI 48170
Wildcat Cove Block A Lot 3
Folio #81960000185
Stocldager Thomas/Beam Weiaer Strafe
! 69 Stuttgart, Germany
Wildcat Cove Block C Lot 87
Folio 181960001883
Routhier Rene E; Anne Mann
657 Wiggins Iatke Drive #102
Naples, FL 34110
Wildcat Cove Block A Lot 4
Folio #81960000201]
Stockeuger Thoma~ & B~m Weiaer Strasse
169 Stuttgart, Germaay
Wildcat Cove Block C Lot 88
Folio #81960001906
Woznick Daniel J/Eugenia E
657 Wiggins Lake Drive #201
Naples, FL 34110
Wildcat Cove Block A Lot 5
Folio//81960000224
Woodman Evelyn F
14936 Sterling Oaks
Naples, FL 34110
Wildcat Cove Block
Folio #81960001922
Drive
D Lot 114
Mattfeld Magdelena
Heugelstr 511
74182 Obersulm
Wildcat Cove Block A Lot 17
Folio//81960000460
Sheeran Maureen E
14944 Sterling Oaks
Naples, FL 34110
Wildcat Cove Block
Folio #8196(X)01948
Drive
E Lot 116
Ciacco Joseph G & Marlene
21 Lois Lane
Old Bethpage, NY 11804
Wildcat Cove Block A Lot 47
Folio//81960001061
Tilton Harry B & Ellen
14810 Sterling Oaks Drive
NapleS, FL 34110
Wildcat Cove Block A Lot 48
Folio #81960001087
Krogmann William G, Judith E
14994 Sterling Oaks Drive
Naples, FL 34110
Wildcat Cove Block C Lot 84
Folio//81960001825
Hiby Heinrich/Karin
In Den Birken
169 Wuppertal, Germany
Wildcat Cove Block C Lot 85
Folio #81960001841
Sterling Oaks Joint Venture
16990 Tarniami Trail North
Naples, FL 34110
Wildcat Cove:
Block A Lots 1, 2, 6-15, 1846, 49, 50
Block B Lots 11, 51-60
Block C Lots 61-83
Block F Lot 43
Sterling Oaks Tract C Lots I3-42, 100, I01, 110 - 113
F-.SO'~)wC. !
MA'/0 5 1998
~ITIO~r F~RH ~0~ VACATION OF ~t~T O~ING SI~LTA~EOUSLY
~ITM ~[~L~ (~XC~PT FOR ROAD ~IGMT-OF-WAY} ~-~
Date ~eceived: /~-~'~7 ~,tl~ion ~:~~
~i~oner~9~e~:~o~n~7 DeVeIOpm~ CORD.
~==ra ~: ~0 North Tamiami T~il
cAty/S~ata: Naples, FL ZAp Code~~ --
~e~t: ~. ~rad7 Minor ~ ~ssocia~es, P.~.
Addrast: 3800 V~a ~1 Rev '" Telephone~~-1144
~l=y~=a?:_Bo~%ta SDrln.~r FL : zip co,e= 341~4
~ca:xon. Stc:xon ~ G To. ship ~h ~nge ~t
~gal Des~iption=_ See atta6hed lecal description and
sketches. _
Subdivi,ion~i,t Sterlinq Oak~
26 ~ . ~-29 --
Reason for Re.est: Ad4ust in~erlQr sid~ lo~
to chanqe ~n D~0du6t tVDe (S~te Dian ch~m~.% and
reduce a ~ortkon o~ 60~-R.O.W. ~t5 ~O',
Currant Zoning: PUD Does this affect ~ensity? No
I Hereby Authorize Agent Above to Represent Ma for' this
Petition:
Pr$n~ed Title P~esiden~ o[ '
~m~uni'ty.~elop~eD~ Cqr~oration O[ Sterlinq Oaks
~Aea~ sea ~ozxcy aha ~rooe=ure o~ Vacation and Annulment', lot
the lls~ o~ supportive materials ~hich mus~ accompany ~his
petition, and deliver or ~a~l
Collier County Project
Engineering Review Services of
Community Development and Environmental
Services Division
Collier County Government Complex
Naples, Fla. 33962
TeleRhone: (9413 643-8471
I~AY 0 5 1998
?__~._/~ . ,,
Q. CRADY MINOR. P.E.
MARK W. MINOR, P.E.
C. DEAN SMITH, P.E.
DAVID W. ~_K2HMFr'r, P.E.
Q. GRADY MINOR & ASSOCIATES, P.A.
Civil Enl~n~rs · Land Surveyors · Planners
LEGAL DESCRIPTION
STERLING OAKS
"AREAS TO BE VACATED"
ALAN V. ROSEh4AN
ROBERT W. THINNES, A.I.CP.
ERIC ¥.SANDOVAL. P~q.M.0
PARCELS OF LAND LOCATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
(SKETCH B-1256)
LOTS 12 THROUGH 42, TRACT "C" OF "STERLING OA/<S" AS RECORDED IN
PLAT BOOK 23 AT PAGES 5 THROUGH 20 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, COntAINING 3.54 ACRES, MORE OR LESS.
A PORTION OF TRACT "LC-l"
STERLING OAKS, PLAT BOOK 23 AT PAGES 5-20
(SKETCH B-1258)
A PA_RCEL OF LAND LOCATED IN THE R~ST HALF OF SECTION i0, TOP, SHIP
48 SOUTH, R3uNGE 25 EAST, COLLIER COUNTY, FLORIDA; A/N'D ALSO BEING A
PORT~ON OF TRACT "LC-i", AS SHOWN ON THE PLAT OF STERLING OAKS,
RECORDED IN PLAT BOOK 23 PAGES 5 THROUGH 20 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA; BEING MORE PARTI~.LY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE WESTERLYMOST CORNER OF LOT 12, TRACT "C" OF
STERLING OAKS AS SHO~ ON THE PLAT OF STERLING OAKS, PLAT BOOK 23
AT PAGES 5 THROUGH 20 OF THE Pb~LIC RECORDS OF C~LLIER COUNTY,
FLORIDA; THENCE RUN N 29~57'43" E FOR A DISTANCE OF 21.74 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE N 29°5~'43" E FOR A
DISTANCE OF 11.65 FEET; ~HENCE RL~ N 00"16'25'' W FOR A DISTANCE OF
83.28 FEET TO A POINT ON THE NORTHERLY LINE OF THE NORTHWEST
QUARTER OF SECTION i0, TOWNSHIP 48 SOUTH, RANGE 25 E~ST; THENCE RUN
N 89~43'35'' E, A-LONG SAID NORTHERLY LINE, FOR A DISTA/~CE OF 74.15
FEET; THENCE RUN S 40"19'44" E, ALONG THE NORTHERLY LINE OF LOTS
12, 13, 14 AND 15 OF SAID TRACT "C" FOR A DISTANCE OF 122.94 FEET
TO THE POINT OF BEGINNING, CONTAINING 0.07 ACRES, MORE OR LESS.
ALL EASEMENTS ON THE ABOVE DESCRIBED L/%NDS, AS SHOWN ON A PLAT OF
"STERLING OAKS" AS RECORDED IN PLAT BOOK 23 AT PAGES 5 THROUGH 20,
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
(941) 947-1144 · FAX (941) 947-0375 · E-Mail: QG,MA~aol.com MAY 0 5 1998
38~ Via Del Rey · Boniu Springs, FIo~da .~I~
_
(SKETCH B-1259)
LOTS 9 TH]tOUGH 46 OF BLOCK "A", LOTS 11 AND 60 OF BLOCK "B", LOTS
61 T~OUGH 72 OF BLOCK "C", LOT 43 OF BLOCK"F", AND ALL OF TRACTS
"A", "B", "C" AND "F" OF WILDCAT COVE, AS RECORDED IN PLAT BOOK 26
AT PAGES 28 AND 29 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, CONTAINING 6.11 ACRES MORE OR LESS.
ALL EASEMENTS, ON THE ABOVE DESCRIBED LAND, AS SHOWN ON A PLAT OF
"WILDCAT COVE" AS RECORDED IN PLAT BOOK 26 AT PAGES 28 AND 29 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING A TOTAL OF 9.72 ACRES, MORE OR LESS.
BEARINGS REFER TO THE NORTHERLY LINE OF THE NORTh'WEST QUARTER OF
SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA; AS BEING N 89°43'35" E.
Q. GRADY MINOR & ASSOCIATES, P.A.
TOM C}tERNESK~
P.S.M. ~5426
STATE OF FLORIDA
MAY 0 5 1998
/
/
Lucyk Jeffcry D, Franko Sharon L
6218 Curtis Ro~d
Plymouth, ~ 48170
Wildr~t Cove Block A LO~ 3
Folio #81960000185
Stockinger Thomas/Beau: Weiner Strasse
169 Stuttgart, Germany
Wildcat Cove Block C Lot 537
Folio 18196(X)01883
Routhier P. en~ E; Anne Mann
657 Wiggins ~ Drive #102
Napks, FL Mll0
Wildcat Cove Block A Lot 4
Folio #81960000208
Stockunagcr Tlmmas & Be. at~ Wckm, Swasse
169 Stuttgart, ~y
Wildcat Cove Block C Lot 88
Folio #819(KK)01906
Wo_miek Daniel l/F_.ugenia E
657 Wiggins Lake Drive M01
Naples, FL 34110
Wildcat Cove Block A Lot 5
Folio #81960000224
Woodman Evelyn F
14936 Sterling Oaks Drive
Naples, FL 34110
Wildcat Cove Block D Lot 114
Folio 181960001922
Mattfeld Magdelena
Heugelstr 511
74182 Obersulm
Wildcat Cove Block A Lot 17
Folio t/81960000460
Sheeran Maureen E
14944 St~rling Oak~ Drive
Naples, FL 34110
Wildcat Cove Block E Lot 116
Folio #81960001948
Ciacco Joseph G & Marlene
21 Lois Lane
Old 13ethpage, NY 11804
Wildcat Cove Block A Lot 47
Folio #81960001061
Tilton Harry B & Ellen
14810 Sterling Oaks Drive
Naples, FL 34110
Wildcat Cove Block A Lot 48
Folio #81960001087
Krogrnann William G, Judith E
14994 Sterling Oaks Drive
Naples, FL 34110
Wildcat Cove Block C LOt 84
Folio #819600018215
Hiby Heinrich/Kada
In Den Bixken
169 Wuppertal, Germany
Wildcat Cove Block C Lot 85
Folio #81960001~1
Sterling Oaks Joint Venture
16990 Tamlami Trail North
Naples, FL 34110
Wildcat Cove:
Block A Lots 1, 2, 6-15, I8--46, 49, 50
Block B Lots 11, 51-60
Block C Lots 61-83
Block F Lot 43
Sterling Oaks Tract C Lots 13-42, 100, 101, 110 - 113
F.~O',$OW¢.I
MAY 0 5 1998
I .,. o11_ __-
WILDCAT COVE ~ STERLING OAKS VACATION
Abutting Property Owner's List and Other Ow~r's
Within 250' Radius of Vacation Area
Gadal~, Dome;ko & Angela
5722 10/th Aveaue N.
N~ples, FL 54108
Parcel 10
Folio ~0143480008
Watson, Ronald E., Kathleen B
25931 Power Road
FarminHon Hills, MI 48336
Sterling Oaks Tract C Lot 102
Folio jr74900003421
CSD International, I~:.
Mohawk Trail
Shelburne Falls, MA 01370
Parcel 11
Folio ~X)143520007
Huelme, Lothar
Schlel, Isle-Marie
14900 Sterling Oak~ Drive
Naples, FL 34110
Sterling Oaka Tract C Lot 105
Folio/lf74900003489
Wisman Tr Paul P
I48 Bristol East Road
Bristol, VA 24202
Parcel 28
Folio #00144680001
Otto, lay A, ALma G
14940 Sterling Oaks Drive
Naples, FL 34110
Sterling Oaks Tract C Lot 115
Folio ~r/4900003683
Langley, Christopher Lee
6326 Mayo Drive
San Jose, CA 95123
Sterling Oaks Tract C Lot 98
Folio #74900003340
Gaffney, BHan T & Bettina M'
1160 16th Street
Fort Lee, NJ 070124
Sterling Oaks, Tract C Lot 103
Folio ,¢74900003447
Nowe, Leslie K, Anderson, Catherine M
14876 Sterling Oaks Drive
Naples, FL 34110
Sterling Oaks Tract C Lot 99
Folio #74900003366
Keller Kenneth P & Marylu R Roeser
14896 Sterling Oaks Drive
Naples, FL 34110
Sterling Oaks Tract C Lot 104
Folio ,~t7490(XX)3463
Springvloed, Arnold & Anna M
14904 Sterling Oaks Drive
Naples, FL 34110
Sterling Oaks Tract C Lot 106
Folio #74900003502
Meyering, Edwin L & Janet R
25 Burr Oak Drive
Pittsford, NY 4534-3537
Sterling Oaks Tract C Lot 107
Folio r/4900003528
Valerio, C, ennaro F & Josephine
19912 Sterling Oaks DHve
Naples, FL 34110
Sterling Oaks Tract C Lot 108
Folio #74900003544
Burton, David S & Janet L
7881 Sarbury Drive
Dublin, OH 43016
Sterling Oaks Tract C Lo
Folio r/490(XK)3560
MAY 0 5 1998
9
~0
11
RE~OLUTIO~; NO. 9~
R~SOLUTION AUTMORIZING TI{E ACCEPTANCE OF WILDCAT COVE TWO
A ~P~T OF A ~TION OF ~ PR~IOUSLY ~CO~ED P~TS
~;O~7~ AS WI~T CO~, ~ S~LING O~, ~ A~ORIZING
~E VA~TI~ OF A ~RTION OF S~ING OA~ DP.I~, ~
~TIONS OF ~ P~TS OF S~ING O~ ~ WI~T CO~,
ACCO~ING ~ ~ A~A~ ~ DES~I~IONS, P~ITIONS
AV-97-024 ~ 97-026
WKEREAS. the Board of County Co~missioners o~ Collier County,
56 DATED:
57 ATTEST:
60 DWIGHT E. BROCK, CLERK
62
63
67
68 Approved as to form and legal
69 surf f~ ciency~
~ Heidi ~ Aa~on
73 Assistant Collier County Atto~ey
7~
75
76
BOARD OF COUNTY CO~94ISSIONERS
COLLIER COb'N'fY, FLORIDA
By:
BARBARA B. BEP~RY
0 5 1998
13 Florida, on January 11, 1994 approved the plat of Sterlln~3 Oaks for
]4 recording, and on January 23, 1996 approved the plat of Wildcat Cove
15 for recording;
17 WHaRF. AS, Comrm/nity Develo~nt Corporation of Sterling Oaks is
15 replatting portions of Sterling Oak~ and Wildcat Cove and has filed
19 for a replat of said lands; and
W~EP~_A~, except aa provided for in this Reso:ution, this replat
12 does not extinguish or in anyway affect the dedications contained in
~ the previous plats of these lands; and
24
~-HEP~EAS, pursuant to section 177.101, Florida Statutes, July
16 Adarmes. P.E. of Q. Grady Minor and Associates, P.A., as agent for the
~7 petitioners, does hereby request the vacation of a portion of Sterling
~8 Oaks Drive and portions of the plats of Sterling Oaks (P.B. 23, P. 5
29 20) and Wildcat Cove (P.B. 26, ~. 28 - 29) according to the attached
~ legal descriptions, F. xhibit A; and
32 W'HER~_~S, this parcel, the approved plat of Wildcat Cove Two,
33 a part of the previously approved and recorded plats of Sterling Oaks
~ and Wildcat Cove, and the filing and recording of this approved plat
35 shall not affect access to lots previously conveyed under the previous
36 plats.
37
NOW, THEREFORE, BE IT RESOLVED AND OP~ERED BY THE BOARD OF
39 COL%~Y CO~9~i$SiOA~K$ OF COLLIER COU~-Uf, FLOriDA, that the plat of
~0 Wildcat Cove Two, a part of the previously approved and recorded plats
~1 of Sterling Oaks and wildcat Cove, ia hereby approved for recording
~2 and the dedications contained on the plat o~ Wildcat Cove Two are
~3 hereby accepted, and those lands described in Exhibit A are hereby
~ vacated. Said vacation shall become effective upon recordation of the
42 subject plat.
~6
BE IT FL'RTHER RESOLVED A~'D OKDE~D that the Clerk of the
4S Circuit Court shall make proper notation of this action upon the
~9 previous plat and record a certified copy of this rep!at and a
~ certified copy of the vacation resolution in the Official Records of
51 Collier County.
52
53 This Re~olution adopted after m~tion, second and majority vote
~ favoring same.
REQUEST TO APPROVE THE FINAL PLAT OF "VANDERBILT PINES"
To approve the final plat of "Vanderbilt Pines", a subdivision of
lands located in Section 35, Township 48 South, Range 26 East,
Collier County, Florida.
~gN$IDERATIO~{:
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of "Vanderbilt
Pines". These documents are in compliance with the County Land
Development Code and Florida State Statute No. 177. All fees have
been paid. It is the intent of the developer to construct the
improvements for this project prior to recording of the plat or to
furnish the required amount of approved security for recording
purposes at a later date. This procedure would be in conformance
with Division 3.2 of the Collier County Land Development Code.
Engineering Review Section recommends that the final plat of
"Vanderbilt Pines" be approved with the stipulation that the final
plat not be recorded until the required improvements have been
constructed and accepted or until the approved security is received
to guarantee completion of the required improvements.
F__I$CAL IMPACT.:
The fiscal impact to the County is as follows.
The project cost is $1,669,267.00 to be borne by
the developer.
The cost breakdown is as follows:
a) Water & Sewer - $915,505.00
b) Drainage,
Paving & Grading - $753,762.00
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $31,645.87
Fees are based on a construction estim&t
$1,669,267.00 and were paid in December,
April, 1998.
e of
o q998
Executive Summary
Vanderbilt Pines
Page 2
The breakdo~ is as follows:
a)
Plat Review Fee
($425.00 + $4. /ac)
-$ 521.80
b)
Construction Drawing Review Fee
Water &
Sewer (.50% const, est.) - $ 4577.53
Drainage,
Paving, Grading (.425% const, est.)- $ 3202.49
c)
Construction Inspection Fee
Water &
Sewer (1.5% const, est.) - $13732.58
Drainage,
Paving & Grading (1.275% const, est- $ 9610.47
~R0wrs MANA~~ IMPAir,
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
RECOMMF2FDAT~ON:
That the Board of County Commissioners approve the final plat of
"Vanderbilt Pines" with the following stipulations:
1)
That the final plat not be recorded until the required
improvements have been constructed and accepted or until
approved security is received for the uncompleted
improvements and that construction shall be completed within
36 months of the date of this approval.
2)
Authorize the Chairman to execute the attached Construction
and Maintenance Agreement.
3)
That no buildin9 permits be issued until the final plat is
recorded.
MAY 0 5 1998
Executive Sum~mry
Vanderbllt Pines
Page 3
PREPARED BY:
HOuldSworth, Senior Engineer
Engineering Review
RE"~I~-~rED BY:
Thomas E. Kuck, P.E.
Engineering Review Manager
Ro~ert~ulhere, AICP '-~--~-~
Planning Services Department Director
Vincent A. Cautero, AICP, Administrator
Community Development & Environmental Services
Community Dev. and Environmental Svcs. DIVISION
jrh
Date
Date
Date
Date
MAY 0 5 1998
VICINITY MAP N_.OT TO. SC.Al,F, .....
MAY 0 15 1998
CONSTRUCTION AND NOklN'f~NANCE AGREEME~
FOR SUBDMSION IMPRO~S
PRIOR TO RECORDING OF PLAT
THIS CONSTRUCTION AND MAINTENANCE A~iENT FOR SUBDMSION IIMt~OVEMENTS PRIOR
TO RECORDING OF PLAT e'utc'rot into this 5th city of February, 199g, by between Worthington Communities ot'
Nat~les, lm-timfm' r~err~ to as *Devel~, taxi the Board of County Commission:rs of Collier Cmmty, Florida,
2. Diviaiou 3.2 of the Collier Coum~- Lind Dev~lqm~ut Cod~ ~IIo~ the I~loper to coastn~a the
imlx~re~ents ~ by ~aid g~l~iaion r~g,,~.~om prbr to r~o~di~g the tirol plat
NOW, THER~F~, in co~sider-~ion of the foregoLng premises and mutual core--nfs her~L~t~r ~
forth, Dewlo~e~ and ~e Board do betray covtm~nt md ague as follo~v~:
I. D~lolxr will cau_~ m lx ~: Puxadway, Drainage and Utilitie~ Imprm~ments
for the fi~ pha~ of r~identia/ oom~ruction aad the ~olf course facilitie~ wilakin I2 month~ from the date of
appr~-al of said subdivision plat, said impr~,'cments hcreinafk-r r~'erred to ~s the to:silted improvements.
2. l~'elop~r herewith agrees to constru~ ~id iml~m'cmcnts prior lo r~r~ng ~d ~fion
and ~ ~rd of Co~ty ~mm!~ioncrs sM~ ~ ~'e ~c plat for ~r~g until ~d
~n ~mpl~.
3. Upon completion ot said improvements, the Developer shall tender its subdivision performanc~
sccarir).' in the am°ant °f S I 1~ ~ ~ cl ?- ~ · "lC:. which represents ten percent (I 0%) of the total contract cost
to complete con_wruction. Upon receipt of said sulxtMsion performance security by the Development Services
Director, the Developer may. reques~ the Board of Co,.m .fy Commissioner~ to appr~,e the ~ubchvision plat for
recording and grant preliminary approval of said plat.
4. The rt~luired improvements ~haLI mX be com-ider~ complete until a ~tement of
~mpl~on ~' ~'elo~r's ~n~r ~ong ~ ~e ~ ~j~ ~r~ Mve ~ ~s~ to ~ ~i~'~ and
a~'~ ~ ~e ~'clo~t ~5~ ~or for m~ ~i~ ~e Collier C~ ~d ~elo~ent C~
5. The Development Semces Director sl:~L, with~ fifteen (15) chys of receipt of the s~ate of substantial
completion, either: a) not.i~' the IX-velopor in wridag of his preliminary approval of the impi~ocements; or b) noti~.'
thc [~,'eloper in V, Tifing of his refusal to apprm'e the improvements, therewith spccifying those cond/tions ~hich
the Developer must Mfill in order to obtain thc Director's approval of the imlxovements. Howt-ver, in no event
shall the Development S~r,'ices Director refu:e prtlimlnary approval of the improvements ff they. are in fact
co~ and submitted for apprm'al in accordance with the requirements of th.is Agr*ement.
6, The Developer shall maintain all required im~ents for a minimum period of one year after
preliminary apprm'al by the Development Services IXreclor. After the one y~ar maintenance period by the
Developer 1~ terminated, the De~'eloper shall petition the Development Serwices Director to inspecl the required
improvements. The E~.elopment Servio,~ Director or lxis deaignee shall inspect the imprcrvements and, if found to
be still in compliance with the Collier County Land Dex'elovment Code as reflected by ritual approval by the Board.
the Board shall release the ten percent (10'A) sul:xtiv/sion performance sec~ty. The Developer's responsibility for
maintenance of the required improvements shall continue unless or until the Board a____tx~n.s maintenance
rm'ponsibillty for the County.
MAY 0 5 1998
'7. In thc event thc De',,cloper s~U faJ. I or ~eglcm to fulQ]! Jl.~ oblJ~dor~ under ~ A~'ccme~ upoa
cerdJ'iczdon of ~ch failure, thc Om. tory Adm~or may call upon thc J~diYiSion pcff'orm~ce mcurity to
filet to com;u-uct ~d m~int, ain, or c~u.~ to bc omsm.,c~ ~md ma/:~ ~t to public Jdvccd.,,em~t ~1
re~il~ of aZCelXance of bids, t~e improvements r~a~ired ~ercia. ~ Devel~, ss pri~ipal under ~ ~i.tion
perform,xr~ r,~-'uxity, r, ha.tl be liable to ~ ~d to ~ the ~ Ul~n completion of ~ach constn.~on ~
tirol total c~rst to the Bo,mi tl~rcof, i~cludiz~g, but ~x~ limited to, en~z~.rin~ lel~l ~nd coati~em coxls, toget/x~
I~ to fu~Q a~ of ~ ~,~ocL~io~ of Q~ A~rccrac,.
IN WITNESS WI-IEREOF, the Board ~ the lX-v~loper ~ caused ~ ~at to be ~._.,~:t,_~ by.
their &dy authorized r~:n~maafiv~ tl~ 5th da).' of February, 1998.
Developer
Printed Name and Title
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLOPdZ)A
Deput?' Clcrk
By:
Approved as to form and le~l suff~cicno':
· ~
[ -' Count)' AV. omey
MAY 0 5 1998
REQUEST TO APPROVE FOR RECORDING TH~ FINAL PLAT OF "HIIRTIN~TON LAKES
UNIT FOU~"
TO approve for r~cording the final plat of Huntington Lakes Unit
Four, a subdivision of lands located in Section 20, Township 48
South, Range 26 East, Collier County, Florida.
Engineering Review Section has completed the review of the final plat
of "Huntington Lakes Unit Four". This document is in compliance with
the County Land Development Code and Florida State Statute No. 177.
All fees have been paid. There are no subdivision related
improvements associated with this plat.
Engineering Review Section recommends that the final plat
"Huntington Lakes Unit Four" be approved for recording.
of
FISCAL I~A~T,
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $450.00 Plat Review Fees
MANAGEMENT IMPACT,
The Concurrency Waiver and Release relating to conditional approval
has been reviewed and approved by the County Attorney's office for
the project.
~OMKENDATION,
That the Board of County Commissioners approve the Final Plat of
"Huntington Lakes Unit Four' with the following stipulation.:
1. Authorize the recording of the Final Plat of "~untington
Lakes Unit Four."
1,1A'I' 0 5 1~98
Executive Summary
Huntington Lakes Unit Four
Page 2
P~PARED BY:
John R'. HouldSwO~th,· Senior Engineer
Engineering Review
REVIEWED BY:
Thomas E. Kuck, P.E.
Engineering Review Manager
R6bez't Mulhere,
Planning Services DepartmeDt Director
Vincent A. Cauter~, AICP Administrator
Conm~nity Dev. and Environmental Svcs.
Community Dev. and Environmental Svcs. DIVISION
Date
Date
Date
Date
~EING A PART OF SECTION 20, TOWNSHIP 48 ~
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
LOCATION
MAP
MAY 0 5 1998
20. TOWNSHIP 48 SOUTH, RANGE 26 rJ, ST.
'lING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
TERL.Y. MOST COI~NEo 0¢' ~llNTl*,,n!'r~, , ~.vre
GENERAL NOTES:
I. ALL DIMENSIONS ARE I
2. OIMENSIONS ON CURV~
A~SiGNM~2~T ~P~F2~ENT ~OR EASEMENT
PELICAN ~%RSH, UNIT 13
OBJECTIVE: The Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, to
accept the conveyance of the Assignment Agreement for the easement
for water and sewer facilities.
CONSIDERATIONS:
1) The Developer of Pelican Marsh, Unit 13, has constructed the
water and sewer facilities within platted easements to serve this
development. See attached location map.
2) Preliminary acceptance was approved by the Conununity
Development and Environmental Services staff on April 24, 1998, in
accordance with Ordinance 97-17.
3) The Assignment Agreement for the easement has been reviewed
by the County Attorney's office for legal sufficiency.
FISCAL I~ACT: The water facilities were constructed without cost
to the Collier County Water-Sewer District. The cost of operating
and maintaining the water and sewer facilities will be paid by
monthly user revenues.
GROWTH ~NAG~NT I~ACT: This project has been connected to the
County Regional Water Treatment Plant and the North Regional
Wastewater Treatment Plant. This project will not create a new
impact, as it was planned for within facilities available at
present.
R~CO~ATION: The Community Development and Environmental
Services Division Administrator recommends that the Board of
County Commissioners, Ex-Officio the Governing Board of the
Collier County Water-Sewer District, accept and sign the
Assignment Agreement for the easement for Pelican Marsh, Unit 13.
MAC 0 5 1998
Executive Summary
Pelican Marsh, Unit
Page Two
13
PREPARED BY:
Engine~l g Review Services nician
II
REVIEWED BY:
Engineering Review Services
Manager
RObeYt Muihe~, ~-ICP
Planning Services Department Director
Vincen~~~ICP, Administrator
CO~UNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
Date
Date
Date
Date
I
I
i
OW
N
i
AS SIGNM~NT AGREZMENT
THIS ASSIGNMENT AGREEMENT made and entered into this
day of _, 1997, by and between the PELICAN MARSH
COM~FJNITY DEVELOPMENT DISTRICT, a political subdivision of the
State of Florida, (hereinafter referred to as "Assignor-), and the
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS THE GOVERNING
BODY OF COLLIER COUNTY AND EX-OFFICIO BOARD THE GOVERNING BOARD OF
THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and
assigns, (hereinafter referred to as "Assignee").
WHEREAS, Assignor is the Grantee under that certain non-
exclusive Utility Easement from WCI Communities Limited Partnership
(f/k/a WCN Communities of Naples, Inc.) to Assignor and is also the
assignee under that certain Assignment of Reservation' and
Dedication of Utility Facilities both herein referred to
collectively as "Utility Easement,' concerning certain water and
sewer facilities and irrigation distribution lines located within
the real property referenced in said Utility Easement, a copy of
said Utility Easement being attached hereto and made a part hereof
as Composite Exhibit "A"; and
WHEREAS, pursuant to the requirements of that certain
Interlocal Agreement between Assignor and Assignee dated as of
December 31, 1993, and approved by the Assignor at its meeting held
on December 20, 1993, the Assignor shall and is required and
obligated to convey, in accordance with standard County procedures,
certain water and sewer facilities and irrigation distribution
lines to the County and its Water-Sewer District without cost to
the County or its Water-Sewer District; and
WHEREAS, certain water and sewer facilities and irrigation
distribution lines located within the aforedescribed Utility
Easement have been conveyed to Assignor from WCI Communities
Limited Partnership (f/k/a WCN Communities of Naples, Inc.) by Bill
of Sale and Warranty Deed, which water and sewer facilities and
irrigation distribution lines are simultaneously herewith being
conveyed to Assignee from Assignor; and
WHEREAS, it is necessary that Assignee obtain the rights of
Assignor as the Grantee in said Utility Easement.
NOW THEREFORE WITNESSETH that for and in consideration of the
premises and in consideration of the sum of Ten and 00/100 Dollars
($10.00), receipt of which is acknowledged by Assignor from
Assignee, and other good and valuable consideration the parties
hereto agree as follows: '
1) Assignor hereby conveys, grants, transfers, demises,
releases and assigns unto Assignee, its successors and assigns, all
of the rights of Assignor as Grantee under the Utility Easement
referenced hereto and made a part hereof as Exhibit "A" Assignee
hereby accepts said assignment. '
MAY 0 5 1998
2) Governing LaW. This Assignment shall be construed and
enforced in accordance with and governed by the laws of the State
of Florida.
3) Modification: Additional Assurance,. No change,
amendment, modification or cancellation of any par~ of this
Assignment Agreement shall be valid unless in writing and signed by
Assignor and Assignee.
4) Bindin~ Effect. The terms, covenants and conditions
contained herein shall inure to the benefit and be binding upon
Assignee and Assignor and their reIpec~ivs successors and asligns.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date and year first written. '
ASSIGNOR:
Attest:
A~Sistant Sec~-et~ry
STATE OF FLORIDA
COUNTY OF COLLIER
PELICAN MARSH COMMUNITY
DEVELOPME}~ DISTRICT
pohn A. Pistor
its Chairman
The foregoing Assignment Agreement was acknowledged before me
by JOHN A. PISTOR, Chairman of the PELICAN MARSH COMMUNITY
DEVELOPMENT DISTRICT, on behalf of the Pelican Marsh Community
Development District. He is personally known to me.
, 1997.
2
0 $1.998
ATTEST:
DWIGHT E. BROCK, Clerk
ASSIGNEE:
BOARD OF COUNTY COM){ISSIONERS
OF COLLIER COUNTY, FLORIDA AS
THE GOVERNING BODY OF COLLIER
COUNTY A/~DAS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWERDISTRICT
Approved as to from and
legal sufficiency
A~sistant Count}- Attorney
STATE OF FLORIDA
COUNTY OF COLLIER
BY:
BARBARA B. BERRY
Chairman
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take
acknowledgments, personally appeared TIMOTHY L. HANCOCK, well known
to me to be the Chairman of the Board of County Commissioners,
Collier County, Florida, As The Governing Body of Collier County
and as Ex-Officio the Governing Board of The Collier County Water-
Sewer District, being authorized so to do, executed the foregoing
Assignment Agreement for the purpose therein contained under
authority duly invested by the Board of County Commissioners, and
that the seal affixed thereto is the true seal of said Board.
WITNESS my hand and official seal in the County and State last
aforesaid this --__ day of _, 1997.
(Notarial Seal)
This instrument prepared by:
Anthony p. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
801 Laurel Oak Drive, Suite 710
Naples, Florida 34108
(941) 566-3131
3
Notary Public
Print Name:
My Commission Expires:
MAY 0 5 1998
Pg.__ ~.
WCl CO~ I.IMTFED ?~~,
Exhibit .Z~
MAY 0 5 1998
STATE OF FLORIDA
COUNTY OF
24~01 Wlk~ C~
MAY 0 5 1998
Witter and st'wes, uflli~ irstjllth~ and all irZJlltion distrthfl~n lines I/in[
within Tracl "R". Pelion Mar~ll Ualt Tnb'teen, according to the p~ tha'tof'
CouutT, FJor~L
1,998
24301
B~z S~ FL ~Z~
A$$IGN,'51E"NT OF RESERVATION AND DEDICATION OF UTILITY FACILf l ~
MAY 0 5 1998
_v, .... /O
~I'ATE OF FLORIDA
COUNTY OF ~
OBJECTIVE: The Board of County Commissicners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, to
accept the conveyance of the Assignment Agreement for the easement
for water and sewer facilities.
CONSIDERATIONS:
1) The Developer of Pelican Marsh, Unit 15, has constructed the
water and sewer facilities within platted easements to serve this
development. See attached location map.
2) Preliminary acceptance was approved by the Community
Development and Environmental Services staff on April 24, 1998, in
accordance with Ordinance 97-17.
3) The Assignment Agreement for the easement has been reviewed
by the County Attorney's office for legal sufficiency.
FISCAL IMPACT: The water facilities were constructed without cost
to the Collier County Water-Sewer District. The cost of operating
and maintaining the water and sewer facilities will be paid by
monthly user revenues.
GROWTH M~IAGEME~ IMPACT: This project has been connected to the
County Regional Water Treatment Plant and the North Regional
Wastewater Treatment Plant. This project will not create a new
impact, as it was planned for within facilities available at
present.
RECO~ATION: The Community Development and Environmental
Services Division Administrator recon~ends that the Board of
County Commissioners, Ex-Officio the Governing Board of the
Collier County Water-Sewer District, accept and sign the
Assignment Agreement for the easement for Pelican Marsh, Unit 15.
MAY 0 5 1998
Pelican Marsh, Unit 15
Page Two
PREPARED BY:
Shti"l'~y NIX,. Eng~n~ering Technician II
Engineer n~3/Review Services
REVIEWED BY :,
~D~Thomas E. Ku~,
P.E.
Engineering Review Services Manager
R6ber~ Mhlhere, AicP
Plann~~epartment Director
Vincent A. Cautero, AICP, Administrator
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
Date
Date
Date
Date
~IAY 0 5 1998
THIS ASSIGNMENT AGREEMENT made and entered into this
__ day of , 1997, by and between the PELICAN MARSH
COMMUNITY DEVELOPMENT DISTRICT, a political subdivision of the
State of Florida, (hereinafter referred to as "Assignor"), and the
BOARD OF COUNTY COMmiSSIONERS OF COLLIER COUNTY AS THE GOVERNING
BODY OF COLLIER COUNTY AND EX-OFFICIO BOARD THE GOVERNING BOARD OF
THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and
assigns, (hereinafter referred to a~ "Assignee").
WHEREAS, Assignor is the Grantee under that certain non-
exclusive Utility Easement from WCI Communities Limited Partnership
(f/k/a WCN Communities of Naples, Inc.) to Assignor and is also the
assignee under that certain Assignment of Reservatio~ and
Dedication of Utility Facilities, both herein referred to
collectively as "Utility Easement" concerning certain water and
sewer facilities and irrigation distribution lines located within
the real property referenced in said Utility Easement, a copy of
said Utility Easement being attached hereto and made a part hereof
as Composite Exhibit "A"; and
WHEREAS, pursuant to the requirements of that certain
Interlocal Agreement between Assignor and Assignee dated as of
December 31, 1993, and approved by the Assignor at its meeting held
on December 20, 1993, the Assignor shall and is required and
obligated to convey, in accordance with standard County procedures,
certain water and sewer facilities and irrigation distribution
lines to the County and its Water-Sewer District without cost to
the County or its Water-Sewer District; and
WHEREAS, certain water and sewer facilities and irrigation
distribution lines located within the aforedescribed Utility
Easement have been conveyed to Assignor from WCI Communities
Limited Partnership (f/k/a WCN Communities of Naples, Inc.) by Bill
of Sale and Warranty Deed, which water and sewer facilities and
irrigation distribution lines are simultaneously herewith being
conveyed to Assignee from Assignor; and
WHEREAS, it is necessary that Assignee obtain the rights of
Assignor as the Grantee in said Utility Easement.
NOW THEREFORE WITNESSETH that for and in consideration of the
premises and in consideration of the sum of Ten and 00/100 Dollars
($10.00), receipt of which is acknowledged by Assignor from
Assignee, and other good and valuable consideration, the parties
hereto agree as follows:
1) Assignor hereby conveys, grants, transfers, demises,
releases and assigns unto Assignee, its successors and assigns, all
of the rights of Assignor as Grantee under the Utility Easement
referenced hereto and made a part hereof as Exhibit~
hereby accepts said assignment. .o. 4_~_~
MAY 0 5 '1998
2) Governina Law. This Assignment shall be construed and
enforced i~ accordance with and governed by the laws of the State
of Florida.
3) Modification= Additional Assurances. No change,
a~endment, modification or cancellation of any part of this
Assignment Agreement shall be Yalidunless in writing and signed by
Assignor and Assignee.
4) Bindina Effect. The terms, covenants and conditions
contained herein shall inure to the benefit and be binding upon
Assignee and Assignor and their raspe~iva successors and assigns.
IN WITNESS WAEREOF, the parties have executed this Agreement
as of the date and year first written.
ASSIGNOR:
Attest'
!
A__~sistant Secretary
STATE OF FLORIDA
COUNTY OF COLLIER
PELICAN MARSH COMMUNITY
DEVELOPMENT DISTRICT
By. /~-~ ~ .,
.-/ Jbhn A. Piutor
~/ ~ts Chairman ~/
The foregoing Assignment Agreement was acknowledged before me
by JOHN A. PISTOR, Chairman of the PELICAN MARSH COMMUNITY
DEVELOPM~{T DISTRICT, on behalf of the Pelican Marsh Community
Development Di~trict. He is personally known to me.
WITNESS my hand and official seal this~_~ day of~~
, 1997.
Print Name .~F~ [-~ ~t~. ~
My Commi~sion 'EXPires:
2
0 5 1998
ATTEST:
DWIGHT E. BROCK, Clerk
ASSIGNEE:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIOTHE
GOVER~ING BOARD OF THE COLLIER
COUNTY WATER-SEWERDISTRICT
Approved as to from and
legal sufficiency
Assistant county Attorney
BY:
RARBARA B. BERRY
Chairman
STATE OF FLORIDA
CO~Y OF COLLIER
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take
acknowledgments, personally appeared TIMOTHY L. HANCOCK, well known
to me to be the Chairman of the Board of County Commissioners,
Collier County, Florida, As The Governing Body of Collier County
and as Ex-Officio the Governing Board of The Collier County Water-
Sewer District, being authorized so to do, executed the foregoing
Assignment Agreement for the purpose therein contained under
authority duly invested by the Board of County Commissioners, and
that the seal affixed thereto is the true seal of said Board.
WITNESS my hand and official seal in the County and State last
aforesaid this day of , 1997.
(Notarial Seal)
This instrument prepared by:
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
801 Laurel Oak Drive, Suite 710
Naples, Florida 34108
(941) 566-3131
3
Notary Public
Print Name:
My Commi~sion Expires:
MAY 0 5 1998
Wat~ and sewer ~ fncJlltles and aXi Irr~atlon dis~H~:~lon lines I}4n~
within TracM *~R", *cR.~" end ~2#, ~eH~zn ZV'tarsh Unit ~ mcc~dlnll to
th~ I~at t~of rtcotd~ la Iqat i~ok ~J, Z~a~ts ~1 and S2, ~r the ~lzltc
I~AY 0 5 1998
hxiic, a~ CUE for iratalhcio~ uxi matmmar~ of i~ f~qlifi~. ~fHOA ~r~e~ for iu~f.
WCI COMMUNT/~ LUvffI'ED PAR~,
Exhibit
STATE OF FLORIDA
C~UI~I'Y OF ~
I~AY 0 5 1998
~Vattr and sewer nttllt~ facilitl~s and ~11 lrr~a~n di~rlbntlon
within Trncv, s ~R~v, ~RI~ and ~R2"~ l~tflcan ~trsh Unit
the pht thereof r~orded In l~t Book ~ l~lj~s SI snd S2, of the l~ublic
l~cor~s oF Gol~J~r ~ountT, FJorJd&
ASSI~ OF RESERVATION AND DEDICATION Olr UTILrry FACILrTIES
WITNESSETH~
TO HAVE ~ TO HOLD ~kl P.e~erv~on md ~ ur~o the District.
WCI COMMUNIT/~ LI:MYI'ED PA~~.
· Dcl.~c ~ ~
Exhibit
~1¥ 0 5 1998-
STATE 01: FLOI~IDA
COUNTY OF ~ ~
HOTLY PUBLIC
My Cmmi~icm F.~ir~:
I~AY 0 5 1998
EXECUTIVE SU3VIMARY,,
APPROVE CHANGE ORDER NO,I WITH MID-CONTINENT ELECTRIC, INC.
FOR ADDmONAL CONSTRUCTION SERVICE. S FOR SUGDEN PARK~ BID
NO. 9%2731.
~ To ob~tin Board approval of Change Order No. I for additional
consm~on servic~ for Sugden Park She Electrical Improvm.
CONSIDERATION: On October 21, 1997, the Board awarded a construcIion contrsct
to Mid-Continent Electric, Inc. for the con~m~on of site electrical improvements
St, aden Park. Sin~e that time, Parks and Recreation Department has requested addition~]
lighting to th~ pint, round, picnic pavilions, a.nd docks Ind piers. Additionally, ~
requested an upl~ade of th~ b~ic pathway light fixtures ~nd parking lot light poles to
higher qugity, more d~e fixture. These agditional sereic..es are outlined in the
ar~ached Change Order No. 1. The total ~st of' the additional construction services is
$76,072.
I~ISCAL IMPACT: Funds in the amount of $76,072 are needed for this Change Order.
A Budget Amendment is needed to transfer the $76,072 from Reserves as follows:
From: Fund (306) 1982 Parks Improvement
Cost Center: 919010 (Reserves)
Object Code: 991000 (Reserves for
Contingencies)
To: (306) 1982 Parks Improvement
Cost Center. (116360) Parks Capital
Projects
Project: (80081) Sugden Park
GIROWTH MANAGEMENT IMPACt: This Capital Improvement Elemcat No. 724
is consistent with the Recreation a.nd Open Space Element of the Growth Managemem
Plan.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the attached Change Orden No. l in tho amour~ of $76,072 and
~uthoriz~ the OCPM Director to execute the Clumge Order, snd
Approve the n~,.~-ssm)' Budget Amendme~.
P~-8~ 2
Sugden P~k
Offlc~ of Capital Projedg'Ma~gemeat
Mafia Ramsey, Director
Parks and Recreation
P. EViEWED
Public Works l~vision
TO: Mid-Continent Electric, Inc.
4586 Progress Avenue
Naples, FL 34104
CItANGE ORDER
FROM: Collier County Government
3301 East Tan,,a"ai Trail, OCPM Bldg.
Naples, Florida 34112
Project Name: Site Elecwical for Sugden Park at Lake Avalon
Conslxuction Agreement Dated: October 2 I, 1997 Bid No.: 97-2731
Cha~geor~No.: 1 Date: April 14, 1998
~ge Order Description: (Attach justification amd supporting documen~tion for this change.)
,See attached proposal from Mid-Continent Electric, Inc. d~ted April 14, 1998.
Original agrement amount ....................................................................... $
Sm of previous change orders amount .................................................... $
This Change order Amount [add] ............................................................. $
Revised Agreement Amount ........................................................................ $
162,900.00
0
76.072.00
238,972.00
Substantial
Original contract time in calendar days .................................... 90
Adjusted number of calendar days due to previous change orders ...... 0
This change order adjusted time is .......................................... 55
Revised Contract 27rne in calendar dto's .......................................
Final
120
0
55
175
Original Notice to Proceed date .................................................................... 12/8/97
Completion date based on original contract time ............................................ 3/9/98
Revised completion date ............................................................................... 5/4/98
Your acceptance of this change order shall constitute a modification to our Agreement and will be
performed subject to all the same terms and conditions as contained in our Agreement indicated
above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this
Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising
out of, or related to, the change set forth herein, inclu_ding claims for impact and delay costs.
J Jose~/~l~ ~'. Delate, AS~A, PLA, OCPM Project Manager
"~']~oug~c~tyre, President, Mid-Continent Electric, Inc. ' /
Approved by: pate:
Authorized by:
Adolfo A. Go/~lez, P.E, OCPM Director
~' ~ ~v~arla R~m'sey-, Parks ar~ Recreation Director
(For Use by Owner: Fund: 306 Cost Center: 116360 Object Code: 763100 Project No.: 80081)
G:~orrns\Change Order Master.doc Revised 02/03/98
14, 199g
htr. Io~ D~i~
Co[lier County Dept. Of C.~pitsl Projects
Bu~d~n~ f
Cottier Cou~t7 Oo,,'~m'~t Center
Naples, FL 33962
Re: Sudgen Paxk Site Lighting, MCE ii 5106
Dear Joe,
I a.m writing to give you the revised price for the changes to the pathway lighting, the parking
lot lighting, the addition of children's play area lighting and the addition of dock lighting.
Price for this work is as follows:
Unit cost of proposed walkway pole
Unit cost of single fixture parking lot pole
Unit cost of double fixture parking lot pole
Children's Play ~ea fighting
Dock lighting and wirb~g
22 ea. 2,337.00 $ 51,414.00
52 ea. 1,098.00 57.096.00
2 ea. 1,628.00 3,256.00
ILs 11,570.00
ILs 19,300.00
Total cost ofproposed $142.636.00
Credit for watkway fixture in contract 39 ea. 598.00
Credit for single parking lot in contract 52 ea. 789.00
Credit for double p~rking lot in contract 2 ea. 1,10'7.00
To:al credit to County
23,322.00
41,028.00
2,214.00
$ (66,564.00)
Total additional fimds needed for ail changes $ 76,072.00
Ifyou have any questiom or need further information please be in touch with my office.
Sh-x:erely,
Doug h lclntyre
Preside~ ~t
PHONE (941) 643-0266
FAX (~ ! ) 643-582
COLLIER COUNTY
OFFICE OF CAPITAL PROJECTS MANAGEMENT
MFMORANDUM
To:
From:
April 17, 1998
Maria Ramsey, Director
Pa.rl~ and Recreation Deparmaent
Joseph F. Delate, ASLA, RLA, Project Manager
Office of Capital Projects Management
Justification Letter for Mid-Continent
Electric Change Order gl for Site
Electrical at Sugden Park (Project $$80081)
As you are aware, Mid-Continent Electric has provided a proposal to add additional work
and substitute higher quality light fixtures at Sugden Park. This extra work was
previously authorized by your department and entails the lighting of the picnic pavilions,
lighting ofthe docks and piers and lighting of the children's play area. This work was
let out of the original design due to cost savings and later was determined to be crucial to
the park project. With this change order, these lighting systems vdll be integrated in the
site electrical system.
Additionally, Mid-Continent has proposed upgrading the walkway and parking lot light
fixtures to use high quality Lumec fixtures. You have been aware ofthis upgrade as you
have been conferring with the lighting representative and have chosen the fixtures and
colors. As pm of this change order, additional time has been given to the contractor to
finish the job to account for the additional work, the deliberations over the upgraded light
fixtures, and constraints imposed by the availability of workable areas on site. Th~s
Change Order will be processed by way of an executive summary to the BCC and funded
fi.om park reserves through a budget amendment.
I trust that this memormdum satisfactorily justifies this Change Order. If you require
additional information, please contact me.
xc: July Adarmes Minor, P.E., Senior Project Manager, OCPM
Adolfo A. Gonzalez, P.E., Director, OCPM
Bill Fl)mn, Construction Inspections Supervisor, OC'PM
HAY 0 5
'EXECUTIVE SUMMARY-
APPROVE CHANGE ORDER NO. 1 TO WORK ORDER #CDM-
FT-98-3 FOR ODOR MONITORING AND MODELING STUDY OF
THE NAPLES LANDFILL AND THE SOUTH COUNTY
REGIONAL WATER TREATMENT PLANT.
OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio
Governing Board of the Collier County Water-Sewer District, approve Change
Order No. 1 to Work Order #CDM-FT-98-3 for the Odor Monitoring & Modeling
Study of the Naples Landfill and for the South County Regional Water
Treatment Plant (SCRWTP).
CONSIDERATION$~-This change order is to collect additional data and
produce a computer model to simulate odor levels dispersed in the worst case
scenarios from both the SCRWTP and Naples Landfill.
The original Work Order #CDM-FT-98-3 was initiated to establish baseline odor
levels before the new odor control scrubber was completed at the SCRWTP. The
original work order was issued to expedite the pre-scrubber odor data collection
and was approved administratively. At that time, this proposed change order was
anticipated to obtain odor data after the new odor scrubber at the SCRWTP is
commissioned.
The cost of doing this proposed change order is $26,820. This additional work
will be authorized as Change Order No. 1 to the current Work Order #CDM-FT-
98-3 with Camp Dresser & McKee, Inc., copy attached.
Original Work Order #CDM-FT-98-3 $23,180
Change Order No. 1 26~
TOTAL $50,000
Both the Solid Waste Department and Water Department will equally share the
costs '~f this computer modeling study.
FISCAL IMPACT;_
The original work order was funded by the Solid Waste Department to expedite
tl'ie start of the initial monitoring work. The total cost of the project is $50,000.
To equally divide the total cost,
provided as follows:
funding for Change Order No. 1 will be
Executive Summary
Odor Monitoring and Modeling, Change Order No. 1
Page 2
Funds are available from Fund 470 (Solid Waste Capital) as follows:
Amount:
To:
(S50,000/2) - S23,180 = S1,$20
Fund: 470 Solid Waste Disposal
Cost Center: 173410 Solid Waste Administration
Project No.: 59038 (Naples Landfill Site Evaluation)
No funds are currently budgeted for this odor monitoring andmodciingstudy-A
budget amendment is needed to transfer funds from Fund 412 Reserves for Water
Capital Outlay as follows:
Fund:
Cost Center:
Object Code'
412 Water Capital
919010 Reserves
993020 Reserves for Water Capital Outlay
Amount: ($50,000/2) - $25,000 = $25,000
To:
Fund: 412
Cost Center: 273511
Project No.' 70020
Water Capital
Combined Water Capital Projects
(South County Regional Water
Treatment Plant Odor Control).
GROWTH MANAGEMENT IMPACT.:. None.
RECOMMENDATIONS;. Staff recommends that the Board of County
Commissioners, as the Ex-Officio governing board of the Collier County Water-
Sewer District, approve Change Order No. I to Work Order #CDM-FT-98-3 and
the necessary budget amendment and authorize the OCPM Director to execute the
change order.
PREPARED BY:
REVIEWED BY:
Mohan V. Thampi, P.E(., Project Manager
Office of Capital Projects Management
~dolfo ~A. G~nz.Aez, pl~//, DiI. v.~tor
Office of Capital Proj~r~ts Management
DATE: ~/2 2/J ~
DATE:
MAY 0 5 1998
?.... ,,-z
Page 3
REVIEWED BY:~'"' '
David Russell, Solid Waste Director
Public Works Division
-- Ed F{nn, Interim Water Director
.. ~ Public Works Division
". REVIEWED
DATE:f/
/ /
B~DATE:,~
Ed Ilschncr, Administrator
Public Works Division
MVT:mvt
Attachment
.o.._~~
HAY 0 5 1998
CBA~qG£ ORD£R No. I
Oc Couu:y will
dCpar~c~ ~p~rov~L ~i1% bc c~z~derrO &n ~sC~oal~ scZv~CC 3~ ckargc~ accordinB to
~.¥1£WED BY
jO^~.D OF COUNTY CO}4),(ISSIONg~-S
Uollie- Coun:y Florid-
~ A2I;st3~ Couuty
,.2)
Priu% zq
HAY 0 5 1998
CDM
Camp Dresser & McKee Inc.
2503 Del Prado Boulevard. Suite
Cape Ccral. F',o,4da 33904-5709
Tel:9-tl 574-7100 Fax:-e41 574.7474
arch 17,1998
Mr. Mohan Thampi, P.E.
Collier County
Office of Capital Projects Management
3301 Tamiami Trail East, Building D
Naples, Florida 34112
Re: Odor Monitoring and Modeling
Fixed Term Services Contract #95-2422
Dear Mr. Thampi:
Per >'our request we have prepared a scope and budget for odor monitoring and modeling.
S__cope of Services
Odor MoniToring and Modelirm
Task I - CD,vi ,,,,'ill establish monitoring locations near and in the area surrounding the
~CRWTP and landfill based on existing monitoring locations and typical meteorological
conditions. Monitoring times ,,,,'ill be determined and a form for recording information will
be prepared. Proposed monitoring locations and times will be reviewed with the County.
Sixty (60) hours will be spent monitoring hydrogen sulfide. Seven (7) methyl mercaptan
samples ,,*All be collected. Samples will be collected in a Tedlar bag by a vacuum pump,
shipped to a certified laboratory and analyzed within 72 hours for twenty sulfur compounds.
The analysis method uses a GC/MS/SCD method that will allow for detection limits as Iow
as 4 ppb. Methyl mercaptan, the compound of concern, has an odor detection level that is in
the ppt range. It is very possibie that an odor that is perceived as faint or even strong ,,,,'ill
fall above the odor detection threshold, but below the laboratory detection threshold.
~t,sK2.' Odor Modeling. The ISC computer model will be used *.o estimate the resulting
odor from the landfill and the SCRWTP. The dispersion model uses local meteorological
data, local terrain features, and source sample data to determine the maximum one hour
impact over an entire years worth of actual weather conditions. The output is incorporated'
with localized maps to graphically present the maximum results in isopleths.
~aask 3_- Presentation of Results. A letter report will be prepared to summarize the results of
the odor monitoring and the computer modeling. Five (5) copies ora draft report ,,viii be
submitted for the County review. Five (5) copies of the final report will be provided to thc
- ~l~,a !
Mr. Mohan Thampi, P.E.
March 17, 199g
Page 2
The attached table provides an estimated cost for each of the options using the rates
established in our Fixed Term Ser-,'ices Contract with the County. The total lump sum fee is
$26,$20. The schedule includes completing the project within 45 days ora written notice to
proceed.
Should you have any questions, please do not hesitate to call me.
Very truly yours,
CAMP DRESSER & McKEE INC.
Richard D. Moore, P.E.
Vice President
RD NVMX,X,~Ulmw
xc: Marie Mahan, CDM
Jim Hagerty, CDM
HAY 0 5 1998
u ~'~.~ MAY 051998
EXECUTIVE SUMMARY
ACCEPT CONVEYANCE OF A UTILITY EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT FOR UTILITY AND MAINTENANCE OF SEWER
ANO WATER LiI",IES TO SUGDEN REGIONAL PARK
OBJECTIVE: That the Board of County Commissioners as the Governing Body
of Collier County and as Ex-Officio the Governing Board of the Collier County
Water-Sewer Distdct accepts a Utility Easement and a Temporary Construction
Easement from Jerry F. Young and Regina F. Young for the purpose of utility-
and maintenance of sewer and water lines to the Sugden Regional Park.
CONSIDERATIONS: The Real Property Management Department was directed
to acquire a Utility Easement and a Temporary Construction Easement from
Jerry F. Young and Regina F. Young, owners of the underlying land, enabling
the Count7 to install and maintain water and sewer lines to and for Sugden
Regional Park. For compensation the owners requested their existing sewer
assessment in the amount of $5,038.65 be paid in full. The requested amount
is in excess of the estimate of value conducted by staff on March 31, 1998, in the
amount of $950.00. However, alternate routing of said water and sewer lines
would exceed the $5,038.65 requested by the property owners. After
negotiations between staff and the property owners, staff recommends the
County pay the existing sewer assessment levied against said property in the
amount of $5,038.65, to alleviate extra expenses that would be incurred if an
alternate route were utilized, for a total cost savings of approximately $5,000.00.
Upon acceptance and recording of the Utility Easement and Temporary
Construction Easement, Collier County will obtain access to construct and
maintain water and sewer lines to the Sugden Regional Park. The attached
documents have been reviewed and approved by the County Attorney's Office
and Joe Delate, Project Manager, Office of Capital Projects Management.
¸:0
EXECUTIVE SUMMARY
PAGE 2
aelSCAL IMPACT: Staff estimates that the cost of ordering a title policy and
cordation of all related documents and expenses will not exceed $500.00 and
s previously stated $5,038.65 is required to satisfy payment of an existing
sewer assessment in order to obtain the required easements.
Funds are available in the FY 97/98 budget for this project as follows:
Fund No.:
Cost Center No.:
Project No.:
(345) Regional Park Impact Fees
(116360) Parks Capital Projects
(80081) Sugden Park
GROW'rH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners as the
Governing Body of Collier County and as Ex-Officio the Governing Board of the
Collier County Water-Sewer District accept and execute the attached Easement
Agreement and accept the Utility Easement and Temporary Construction
Easement, and authorize staff to proceed and record all necessary documents in
the Public Records of Collier County, Florida.
~. J'ea ~6-~'an, ~c~e~-y-§pecialist II ' -
Real 'roperty Mar~gement Department
Dh F. Delate, ASLA, RLA, Project Manager / f
Office,1:)f Capital Fr~ects Management
Adolfo A~ O~lez, P.~mi~or
O~~~ mje~s Management
APPROVED ~~
Ed ~l~chn~r, Administrator
Public Wo~s DMsion
· I HAY 0 5 1998 I
l I
'- "' -' -~--~li'a~-,~J'~r,~,;,~.w~'~,., .~._~..._~._~_.~__~._~.,~,,~.~ ... ,~..~. ..... ~_.:. _ . _ ~' ~ , I ' ' ~ ' ' ; ' ~ · ; -' ~ ~ ,
PROJECT: 80080 (Sugden Regional Pa[k}
PARCEL: 701
FOLIO: 4787200000
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT granted this ~ day of ~'~v.~l~, ., l~g~_, by
JERRY W, YOUNG and REGINA F. YOUNG, Husband and Wife, hereinafter
collectively referred to as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT, a political subdivision of the State of Flori.ia, its
successors and assigns, ss Grantee.
(Wherever used herein the terms 'Grantor" and 'Grantee' Include all the padies to
this instrument and their respective heirs, legal representatives, successors or assigns.)
WITNESSETH That the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which
is hereby acknoYAedged, hereby conveys, grants, bargains and se~Is to the Grantee. a
Temporary Construction Easement to enter upon the lands described as follows (the
"Easement Area'):
SEE ATTACHED EXHIBIT 'A' which is
incorporated herein by reference.
The Easement Area shall be used by Grantee for the purpose of constructing water and
sewer lines. This Temporary Construction Easement shall expire upon completion of
the construction of the public facilities in the Easement Area on or before July 30. 1998,
whichever occurs first. Upon the completion of construction, the Grantee shall reslore
the surface of the Easement Area to its original condition.
THIS IS HOMESTEAD PROPERTY
IN WITNESS WHEREOF, Ihe GRANTOR has caused these presenls to be
executed the day and year first above written.
WITNESSES:
~ / (~";'natu
~" ( ignature
(Printed Name)
COPY
Page 2
WITN~.S ,S:
(Prinled Name)
(Signature)/__
(Pdnted Name)
Regina{F. Young
3500 Gu~ford Road
Naples, FL 34112 - 6237
STATE OF
COUNTY O F ~,~
The foregoing Temporary Conslruction Easement was acknowledged before me
this ..~/'" day of ,,*'/i//..,_~.. 1998. by Jerry W. Young, who is personally known to me
or who has produce~ --/c~. ~ ~. L;, _ as identification.
(affix notarial seal)
(Signature of Notary Public)
~- ~Ii '~ co,~o,, cc 7ms?~ (Print Name of Notary Public)
· '~ ~'~'~'~ ~,'~ ~,~ NOTARY PUBLIC
Serial/Commission #:.
My Commission Expires:
STATE OF ~,~.,,----
COUNTY OF_ ~
The foregoing ,Temporary Construction Easement was acknowledged before me
lhis ...~/ ~r dav of /J~.~ J,., 1998. by Regina F. Young. who is personally known to me
or who has'pr~luced ~_. D.L.,~.. as identification.
(a,fix notarial seal) ~/'~_'
(Signature of Notary Public)
· Y i~ y, CO~u~s~3~CC715296
'~:~,d~' ~,~zs ~ ~, ~ (Print Na~ of No~ Public)
--~ ~A~~..~. HOTLY PUBLIC
Se~a~mmiss~n ~:
My Commiss~n Expires:
COPY
_zu_x_ .I
~EOAL
3301
OFFICE OF CAPITAL PROJECTS
EAST TAMIAMI TRAIL NAPLES, FLORIDA a.'l-1 '1;!
(941) 774-8'192
PROJECT NO.
PROJECT PARCEL NO.
TAX PM~CEL NO.
DESCRIPTION (NOT A SURVEYS)
TIlE WEST FIFTEEN FEET(15') FEET OF THE EAST THIRTY (30') FEET
OF TIlE SOUTtl 125 FEET OF LOT 15, BLOCK"B" OF THE PLAT THEREOF,
GUILFORD ACRES , AS RECORDED I'N PLAT BOOK 3, PAGE 59, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA·
CONTAINING 1875 SQUARE FEET MORE OR LESS.
PARCEL 701
Pi~OFESSIONAL ~ND SU~OR J2406
OFFICE OF ~IT~ PR~E~S
COLUER COUN~ G~RN~ENT CO~
5501 E T~ 1~ ~, ~O~IDA 5411
PROJECT: 80081 (Sugden Regional Park)
PARCEL: 901
FOLIO: ' 47872000000
UTILITY EASEMENT
THIS EASEMENT, made and entered into this ~t_ day of _~C~Q ," ~.~ .
19"~ by JERRY F. YOUNG and REGINA F. YOUN'N'N'N'N'N'N'N'N'N~, Husband and Wife, ~vhose
mailing address is 3500 Guilford Road, Naples ~1., 34112 - 6237, hereinafter
collectively referred to as Granlor, to the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERN!NG BOARD OF THE COLLIER COUNTY
WATER-SEY~-R DISTRICT, 3301 East Tamiami Trail, Naples, Florida 34112, its
successors end assigns, as Grantee.
(W~erever used herein the terms 'Grantor' and 'Grenlee" include ali the parties to
this instrument and their respective heirs, legal representatives, successors or assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto Ihe Grantee. its
successors and assigns, a perpetual, non-exclustvo license and privilege for utility
purposes, on the following described lands located in Collier County, Flodda, to wit:
See attached Exhibit 'A' which Is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS HOMESTEAD PROPERTY
TO HAVE AND TO HOLD lhe same unto the Grantee logether with the right to
enter upon said land, excavate, and place or remove materials [including, but not
limited to, sewer lines and pipes, service and pump stations, and other equipment or
improvements appurtenant thereto or thereunder for lhe purpose of constructing.
operating, and maintaining util;ty fac~ities thereon. Grantor and Grantee are used for
singular or pl~:ral, as the c~,ntext requires. The easement granted herein shall
constitute easements running with the land and shall burden the lands descn'bed
above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
COPY
Utility Easement
Page 2
AS TO OWNER:
~SES:
/-,L/~ ::7' 2'~,L~ 3500 ~¢fo,~
d~ame) Naples, FI., 34112 - 6237
(Signature)
(Printed Name)
DATED: .-¢- 3 / .:r'f?
!
(Pr!hied Name)
(Signature)
(Printed Name)
-Regina F~Youn-g -
3500 Guilford Rd.
Naples, FI,, 34112 - 6237
COpY
Acknowledgment Page Follows
MAY 0 5 1998
Utility Easement
Page 3
COUNW OF ;
.~
foregg_ing Utility Easement was acknowledged before me this ,,_~'/ : da.y of
,~~ 19o?~ by Jerry W. Young, who is personally known me
to
or
who
nas
produced ~(. ~,-. ~ Z_ as identification.
(aW, x notarial seal)
(S~nature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
SeriaL/Commission #:
My Commission Expires:
The foregoing,Utility Easement was acknowledged before me this ,,_.~/ day of
///~.~ 19~. by Re9ina F. Young. who ,, personally known to me or who has
produced ,~d_ ~, C.'c- as identification.
yS'~o. 73.t -,~/.
(affix notarial seal)
. ~. LOIS NlC~OL6
(Print Name of Notary Public)
NOTARY PUBLIC
SeriaL/Commission #:
My Commission Expires:
COPY
3301
OFFICE OF CAPITAL PROJECTS
EAST TAUlAMI TRAIL NAPLES, FLORIDA 3411
(941)
PROJECT NO,
PROJECT PARCEL HO.
TAX PARCEL NO,
_LEGAL DESCRIPTION (NOT A SIJRVE'Y')
TIIE EAST FIFTEEN (I 5') OF TIlE SOUTII 125 FEET OF LOT 15, BLOCK"J3" OF
THE PLAT TIIEREOF, GUILFORD ACRES, AS RECORDED FN PLAT BOOK 3,
PAGE 59, OF Tile PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING Ili"/$ SQUARE FEET MORE OR LESS.
PARCEl. 901
COPY
· R~HI~OND I
PROIrESSION/~. LAND SUFa,,~"YOR ~2496
OFFIC~ OF CAPITAL PRO. IECTS ' ,, , I , -
COUJ£R COUNI'f COVF.~,~ENT COk¢%~ I ~,~
3301 £ TAMtAMI TRNL NA~, FLORIDA ,341 2
I
I HAY 0 5 1998
REAL PROPERTY CONVEYANCE DOCUMENTS
AGENDA DATE: ,19
AGENDA ITEM: ACCEPT CONVEYANCE OF EASEMENT AGREEMENT
COLLIER COUNTY AS GRANTEE:
The original Easement Agreement will be sent to the Board of County
Commissioners of Collier County, Florida as the Governing Body of Collier
County and as Ex-Officio the Governing Board of the Collier County Water-
Sewer District. for execution after the Executive Summary has been
approved.
HAY 0 5 1998
PROJECT: 80080 (Sudgen Regional Par~,)
PARCEL: 901. 701
FOLIO: 4787200000
EASEMENT AGREEMENT
COPY
THIS EASEMENT AGREEMENT (hereinafter referred to as the 'Agreement") is
made and entered by and between JERRY W, YOUNG and REGINA F. YOUNG,
Husband and Wife, (hereinafter collectively referred to es the 'Owner-) and BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, A~ THE
GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEW"ER DISTRICT, a political
subdivision of the State of Florida, its successors and assigns (hereinafter referred to as
the "Purchaser');
WHEREAS, the Purchaser requires an Easement over. ur~der, upon and across
the lands described in Exhibit 'A'. which is attached hereto and made a part of this
Agreement. (hereinafter referred to as the 'Properly') for utility and maintenance
purposes.
WHEREAS, the Purchaser requires a Temporary Construction Easement over,
under, upon, and across the lands described in Exhibil 'B', which is attached hereto
and made a part of this Agreement (hereinafter referred to as [he 'Temporary
Construction Easement") for the purpose of constructing water and sewer lines;
WHEREAS, the Owner desires to convey the Easements to the Purchaser for the
staled purposes, on the terms and conditions set fodh herein; and
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the Easement over, under, upon, and across the Property.
NOW THEREFORE, in consideralion of these premises, the sum etr Ten Dollars
(510.00). and other good and valuable consideration, the receipt and sufficiency of
which are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall grant Purchaser the Easements over, under, upon, and across the
Property in exchange for the sum of $5038.65 (Five Thousand Thirty Eight Dollars and
Sixty Five Cents) as full payment for the Property and the Temporary Easement
interests taken and for any da,'~ages resulting to the remainder, if less than the entire
property was taken, and for all other damages in connection with said Property. 2. Purchaser shall pay Owner for the Easements by County WarranL
3. Bcth Owner and Purchaser agree that dosing shall occur within sixty (60) days
of the execution of the Agreement by Purchaser. However, Owner agrees that closing
may be extended until such time as any and all liens, encumbrances, exceptions, or
qualifications in and to the Property are properly executed and delivered to the
Purchaser. At closing, Purchaser shall deliver the County Warrant to Owner and Owner
shall deliver the easements to Purchaser in forms acceptable to Purchaser.
4. Prior to the dosing, Owner shall obtain from the holders of any and ali liens,
encumbrances, exceptions, or qualirmaUons in and to the Property. the execution of
such instruments that will, upon thee recording in the Public Records of Collier County.
Florida, dear any and all encumbrances from the Property. Such instruments shall be
provided to Purchaser on or before the date of dosing.
5. Conveyance of tho Temporary construction Easement, or any Interest in the
Property, by tho Owner is conffngent upon no other provisions, conditions, or premises
other than those so stated above; and the written agreement, including ell exhibits
attached hereto, shall constitute the entire agreement and unc~erstanding of the parties,j-
and there are no other ~'~or or contemporaneous written of oral agreements,I ~:~¢~ !~ -~
undertakings, prom{sas, warranties, of covenants not contained herein. ]
HAY, O 5 1998
_.,
Easement Agreement COPY
Page 2
6. 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
Ccmmissioners of Collier County, Florida.
7. Owner represents that the Properly and all uses of the Properly and the
Temporary Construction Easement 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 and the Temporary
Construction Easement except as specifically disclosed to the County; that thc Owner
has no knowledge of any spill or environmental law violation on any property
contiguous to or in the vicinity of the Property and the Temporary Construction
Easement to be sold to the County, that the seller has not received notice and
otherwise has no knowledge ot' a) any spill on the Properly and the Temporary
Construction Easement, b) any existing or threatened environmental lien against the
Property and the Temporary Construction Easement or c) any lawsuit, proceeding or
investigation regarding the generation, storage, treatment, spill or transfer of hazardous
substances on the Properly and the Temporary Construction Easement. This provision
shall survive closing and is not deemed satisfied by conveyance of title.
8. Owner hereby agrees that it shall indemnify, defend, save and hold harmless
the County against and from, and to reimburse the County 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 asseded against the County by reason or arising out of the breach of owner's
representation under Section 7. This provision shall survive closing and is not deemed
satis~ed by conveyance of title.
9. The Purchaser shall pay for all costs of recording the Easements. All other
costs associated with this transaction including but not limited to transfer, documentary
and intangible taxes, and costs for any curative instruments shall be borne and paid by
Owner.
10, I[' the Owner holds the Properly in the form of a partnership, limited
partnership, corporation, [rust 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 bene[icial
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 517o FIodda
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.
IN WITNESS WHEREOF, the padies hereto have executed this Easement
Agreement on this ~ day of .19
Dated Project/Acquisition Approved by
BCC:
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY:
Barbara B. Berry, Chairman
HAY 0 5 i998
Easement Agreement
Page 3
AS TO OWNER:
DATED:
(Signature)
(Printed Name)
3500 Gu~ford Rd.
Naples, Fi., 34112 - 6237
DATED: ',~- 3/- y/
(Pri0ted Ni~me)
(Signature)
(Printed Name)
Regina F J-yoUng 0
3500 Guilrord Rd.
Naples, FI., 34112 - 6237
Approved as to form and
legal sufficiency:.
Assistant County Attorney
.HAY 0 5 1998
330~
OFFICE OF CAPITAL PROJECTS
EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112
(941) 774-8192
LEGAL
PROJECT NO.
PROJECT PARCF..L NO.
TAX PARCEL NO.
^ COPY
TI IE EAST FIFTEEN (I S') OF TI IE SOUTll 12S FEET OF LOT l.$, DLOC~. "LI" OF
TIlE PLAT TIIEREOF, GUILFORD ACRES. AS RECORDED IN PLAT BOOK
I'AGE 59, OF TI IE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING lilTS SQUARE FEET MORE Olt LESS.
PARCEL 901
PROFESSIONAL LAND SUF6/EYOR t2406
OFFICE OF CN~A/. PRO..,~:.CTS
COLLIER COUNTY GOVERNMENT COMPLEX
3301 E TN,~t/,~I 1RNL NAPLES, FLOI'(1O~, 3411:
't
5 1998
'3301
O??IC£ OF CAPITAL PROJECTS
EAST TAMIAMI TRAIL NAPLES,' FLORIDA 34112
(9,1.1) '774.-8192
PROJECT HO.
PROJECT PARCEL NO.
TAX PARCEL I10,
LEGAL DESCRIPTION (NOT A SURVE'Y~ CO~.~y
TIIE W~ST FIFTEEN FEET(IS') FEET OF TIIE EAST THIRTY (]0') FEET
OF TI IE SOUTH 125 FEET OF LOT i 5, BLOCK "B" OF TIlE PLAT THEREOF,
GUILFORD ACRES. AS RECORDED IN PLAT BOOK 3, PAGE 59. OF THE
PUBLIC RECORDS OF COLLIER COUN'TY, FLOR]DA.
CONTAIiNING 1875 SQUARE FEET MORE OR LESS.
PARCEL 701
I"~KJFF. SSIOI'&'kL IANO ~U~OR ~2408 !
OFFICE OF ~IT~ PI~OJECTS J
COLLIER COUN~ C~RNMENT COMPL~
~30~ C T~I ]~L N~LES. FLORIOA 541 2 HAY B 5 1998
APPROVAL OF A UTILITY FACILITIES REIMBURSEMENT AGREEMENT
WITH NTC DEVELOPMENT LTD.
D.~ That the Board of County Commissioners as Ex-officio the Governing
Board of the Collier County Water-Sewer District approve a Utility Facilities Agreement
with NTC Development Ltd., a Florida Limited Partnership, the developer of Carlton
Lakes.
CONSIDERATIO~I~
l)
As part of'the development of'Carlton Lakes, the developer desired to access the
project through an easement containing a County owned/operated wellfield. In
addition, the developer desired to modify or reconfigure some of the existing well-
housings that are at the entrance of the development project. As part of'this
modification or reconfiguration, the Wastewater Department required certain
equipment upgrades, namely stainless steel motor starters totaling $6,710.00.
2) These upgrades are ofbenefit to the County as they enhance/improve the overall
system.
3) This agreement has been approved as to form and legal sufficiency by the County
Attorney's office.
FISCAL IMPACT: The fiscal impact of this Utility Facilities Reimbursement
Agreement is $6,710.00. Funds are available in 413-263611 OVastewater Capital),
Project No. 74015 (Misc. Effluent System Improvements).
G~EMENT IMPACT: None.
HAY 0 5 1998'
RECOMMENDATION: That the Board of County Commissioners, as Ex-officio the
Governing Board of the Collier Co~mty Water-Sewer District, approve the Utility
Facilities Reimbursement Agreement with NTC Development Ltd., a Florida Limited
Partnership.
APPROVED
Consent Agenda: 05105198
J HAY051998
UTILITY FACiLITiES REIMBURSEMENT AGREEMENT
This Agreement is made and entered into this day of
7998 by and between NTC Deve!c=ment Ltd.,
a Florida limited partnership, (hereinafter referred to as
"Developer") and the Board of County Commissioners of Collier
County, Florida, as the Governing Body of Collier County and as Ex-
officio the Governing Board of Collier County Water-Sewer District
(hereinafter referred to as "County").
RECITALS
WHEREAS, Developer either has legal control over or is the
legal owner of certain lands described in Composite Exhibit A
(hereinafter referred to as "Developer's Project"); and
WHEREAS, Deve!cper desires to construct certain utility
facilities to serve the Developer's Project in advance of the
County's current capital improvements schedule; and
WHEREAS, the County Public Works Division has recommended to
the Board of Commissioners that it will be advantagecus to the
public for the Developer to install certain wastewater utility
facilities described in composi:e Exhibit "A" which are hereinafter
referred to as the "Utility Project"," which are composed of, among
other things, improved facilities at the North Naples Wellfield.
WHEREAS, Developer has submitted to the Collier County Public
Works Division staff an acceptable proposed plan and estimate of
costs for the Utility Project, which include:
a. A narrative description of the Utility Project; and
1 MAY 0 §
b. An acceptable proposed time schedule with the comple~ion
of the Utility ?roject prepared by a professional engineer; and
c. Acceptable additional professional opinions of the
probable construction costs for [he Utility Project prepared by a
professional engineer; and
WHEREAS, Developer is amenable to installing the Utility
Project in a manner consistent with the master plans, standards and
procedures employed by the County; and
WHEREAS, the County is amenable to reimbursing the Developer's
increase materials costs and increased installation costs incurred
and paid by Developer which said costs would not have been incurred
or paid but for the improvements desired by Collier County
Wastewater Department; and
WHEREAS, the Utility Project contemplated under this Agreement
shall be construed and characterized as work done and property
rights acquired by utility or other persons engaged in the
collection or distribution of wastewater or water for the purpose
of constructing or installing on established rights-of-way, mains,
pipes, cables, utility infrastructure or the like; and
WHEREAS, the Board of County Commissioners finds that the
reimbursement contemplated by this Agreement is consistent with and
furthers the County's existing capital improvement element of its
comprehensive plan; and
WHEREAS, this Agreement shall not be construed or
characterized as a "development agreement" under the Florida Local
Government Development Agreement Act.
2
Ir,,
W I TN E S S E T H :
NOW, THEREFORE, in consideration of the covenants contained in
this Agreement, Ten ($10.00) Dollars and other good and valuable
consideration exchanged amongst the parties, it is mutually agreed
between the parties as follows:
1. RECITALS INCORPORATED. The above recitals are true and
correct, and shall be incorporated herein.
2. PERMITS REQUIRED PRIOR TO CONSTRUCTION. Developer shall
obtain all required permits to construct and install the Utility
Project prior to the comgnencement of any portion of the Utility
Project.
3. CONSTRUCTION OF PROJECT BY DEVELOPER. Upon approval and
execution of this Agreement by Developer and the County, Developer
covenants to construction and completely install at his cost and
expense the utility facilities described as the Composite Exhibit
4. INSPECTIONS. As a part of the acceptance procedures
employed by the County, Developer agrees that he shall cause his
engineer to provide to the Collier County Public Works Division
documentation acceptable to the Public Works Division Director
which documents that the Developer's engineer has inspected the
subject Utility Project during construction, installation and
interconnection with the County's regional system. Such
documentation shall verify compliance with all applicable federal,
state and local procedures and standards.
5. COUNTY TO REIMBURSE DEVELOPER. Upon acceptance and
recording of all appropriate conveyance documents to the County
which relate to the Utility Project in a manner which conforms with
the standards and procedures employed by the County for the
acceptance of regional wastewater utility infrastructure, and after
receipt by the Public Works Division Director of a satisfactory
written verification of unconditional payment in full for the
materials, installation and all other costs of the Utility Project,
the County agrees to reimburse Developer for certain material and
installation costs of the Utility Project in the sum total of
$6,710.00 which is reflected on the schedule of reirabursement
attached as Exhibit "C." In no case whatsoever shall the County's
maximum payment obligation under this agreement exceed the total
amount to be paid Developer as shown on Exhibit "C." Further, no
reimbursement shall be made for any installation cost or material
cost of a pipe size that is otherwise required of Developer as a
part of a planned unit development ordinance, site development plan
or any other ordinance, or regulation, condition or permit. If
there should be a reduction in the cost to Developer for
reimbursable materials or installation costs from the estimated
costs specified in composite Exhibit WA," such cost reduction to
Developer shall also reduce the County's reimbursement obligation,
pro rata, e.g., if the reimbursable cost to Developer should be
reduced by five (5%) percent, the County's obligation hereunder
skail be reduced by the five percent.
6. RECORD RETENTION. Developer shall'keep or provide for tke
retention of adequate records and supporting documentation which
:oncern or reflect the total cost of construction or installation
of the Utility Project. This information shall be available so
County, or its duly authorized agents or representative for audit,
inspection or copying, for a minimum of five (5) yea:s form the
County's execution of this Agreement.
7. NO CLAIM TO ANY IMPACT FEE CREDITS. Developer represents
and warrants to the county that it has no claim and agrees to make
no claim whatsoever for any water or sewer impact fee credits
associated with the development of the Developer's Project or
arising form this or any prior agreement, requirement or
obligation, including, but not limited to any claim to impact fee
credits under the provisions of Chapter 380, Florida Statues.
8. SURVIVAL OF OTHER REQUIREMENTS. The failure of this
Agreement to address any permit, term or restriction shall not
relieve the Developer, or its successors, of the necessity of
complying with any law, ordinance, rule or regulation governing
said permitting, requirements, conditions, terms or restrictions.
This Agreement shall be modified or revoked as is necessary to
comply with all relevant state or federal laws, if state or federal
laws are enacted after the execution of this Agreement which are
applicable to and preclude the parties compliance with the terms of
:his Agreement.
9. AMENDMENT. The burdens of this Agreement shall be binding.
upon, and the benefits of the this Agreement shall inure to all
successors in interest to Developer.
10. BINDING AFFECT. The burdens of this Agreement shall be
binding upon, and the benefits of this AGreement shall inure to all
successors in interest to Developer.
11. RISK MANAGEMENT GUIDELINES. The performance and
execution of this Agreement shall be carried out in conformance
with the risk management guidelines established by the County's
Risk Management Department, as more particularly described in
Exhibit ~B" attached hereto and incorporated herein by reference.
12. RECORDING. This Agreement shall be recorded in the
official records of Collier County, Florida, within fourteen (14)
days after the County, by its duly authorized chairman executes the
Agreement.
13. ENFORCEMENT. Any party to this Agreement shall have the
ability to file an action for injunctive relief in the circuit
court of Collier County to enforce the terms of this Agreement.
Said remedy being cumulative with any and all remedies available to
the parties for enforcement of this Agreement.
14. ATTORNEY'S FEES. Only the parties executing this
Agreement shall be entitled to reasonable attorney's fees,
including appellate attorney's fees and costs, incurred as a
prevailing party in connection with any litigation arising rom this
Agreement, and to all reasonable expenses, including attorney's
fees, incurred in exercising or enforcing the right,
6
I
remedies provided or incorporated herein.
15. SEVERABILITY. In the event that any portion of this
Agreement shall be found to be unenforceable in any legal
proceeding, the remaining provisions shall remain in full force and
effect.
16. ENTIRE AGREEMENT. This Agreement constitutes the entire
agreement between the parties with respect to the subject matter
referred herein.
IN WITNESS WHEREOF, the parties have executed this Agreement
e date.and, year first
Witness - Printed Name
Witness-~ S~nature
Witness - Printed Name
above written.
NTC Development, Ltd.,
a Florida limited partnership
By: SW Florida Partners, Inc.,
a Florida corporation,
By: !~ ~.,'I, ~' ",-
Robert G. Claussen, President
STATE OF FLORIDA
COUNTY OF~
The foregoing Utility Facilities Warranty Deed was acknow-
ledged before me by Robert G. Claussen, President of SW Florida
Partners, Inc., a Florida corporation, the general partner of NTC
Development, Ltd, a Florida limited partnership on behalf of the
partnership. Personally known ~ or produced identification
Type of identification produced: .
my hand and official seal this /¢-~4' day of
WITNESS
~?~ ~'. , 1998.
N~. CC492914
7
Notary Public
My Core,mission Expires: ?/~ ~-/¢ /
~,~.,('/~' ~ .L',h/7 //
Notary Printed
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form
and legal sufficiency
Assistant County AttorneY
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
BY:.
BARBARA B. BERRY, CHAIRMAN
June
Aqnoli,
7400 Taa~a&i Ti&i! Worth, Suite 200
03-?6(~l,doc.vpd
ALL THAT PART OF THE WEST I/2 OF SECTION
TOWNSHIP 48 SOUTH. RANGE 26 EAST. COLLIER
COUNTY, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID
SECTION 19; THENCE ALONG THE WEST LINE OF
SAID SECTION 19. NORTH 01'07'$4' WEST 100.00
FEET TO THE NORTH LINE OF AN EASEMENT FOR
DRAINAGE PURPOSES AS DESCRIBED IN DEED BOOK
44 AT PAGE 78, COLLIER COUNTY PUBLIC RECORDS,
COLLIER COUNTY, FLORIDA, SAID POINT ALSO
BEING mE SOUTHWEST CORNER OF THAT PARCEL AS
DESCRIBED IN O.R. BOOK 767, PAGES 1508 AND
1509 AND O.R. BOOK 768, PAGES 828 AND 829,
COLLIER COUNTY PUBLIC RECORDS, COLLIER
COUNTY. FLORIDA:
THENCE ALONG THE BOUNDARY OF THAT LAND AS
DESCRIBED IN SAID O.R. BOOK 767, PAGES 1508
AND 1509 AND O.R. BOOK 768, PAGES 828 AND
829. COLLIER COUNTY PUBLIC RECORDS, COLLIER
COUNTY, FLORIDA, THE FOLLOWING DESCRIBED NINE
(9) COURSES;
t NORTH 89'09'48" EAST 50.00 FEET;
NORTH 01'07'34' WEST 549.50 FEET;
3) NORTH 88'52'26" EAST 30.00 FEET;
4) NORTH 01'07'$4" WEST 2017.43 FEET;
5) NORTH 00'58'48' WEST 582.54 FEET;
6) NORTH 89'01'12' EAST 360.00 FEET;
7,) NORTH 00'58'48' WEST 800.00 FEET;
8) SOUTH 89'01'~2" WEST 400.00 FEET;
9) NORTH 00'58'48" WEST 1280.00 FEET TO A
POINT ON THE NORTH LINE OF SAID SECTION 19,
WHICH LIES NORTH 89'20'08' EAST 40.00 FEET
FROM THE NORTHWEST CORNER OF SAID SECTION 19;
THENCE ALONG THE NORTH LINE OF SAID SECTION
19, NORTH 89'20'08" EAST 2592.26 FEET TO THE
NORTH 1/4 CORNER OF SAID SECTION 19;
THENCE ALONG THE NORTH AND SOUTH I/4 SECTION
LINE OF SAID SECTION 19, SOUTH 01'08'21' EAST
1716.05 FEET;
THENCE LEAVING SAID LINE, SOUTH 89'09'48'
WEST 750.00 FEET;
THENCE SOUTH 01'08'21" EAST 3605.71 FEET TO
THE SOUTH LINE OF SAID SECTION 19 AND THE
SOUTH LINE OF THAT DRAINAGE EASEMENT
DESCRIBED IN SAID DEED BOOK 44, PAGE 78;
THENCE ALONG SAID LINE, SOUTH 89'09'48' WEST
1890.21 FEET TO THE SOUTHWEST CORNER OF SAID
SECTION 19 AND THE POINT OF BEGINNING OF THE
PARCEL HEREIN DESCRIBED;
BEING PART OF THE WEST 1/2 OF SECTION 19,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA;
SUBJECT TO AN EASEMENT AS RECORDED IN DEED
COUNTY PUBLIC
BOOK 44, AG PAGE 78, COLLIER
RECORDS, COLLIER COUNTY, FLO'?IDA;
_~-',.;. SUBJECT TO OTHER EASEMENTS AND RESTRICTION
~,:..(~..' RECORD IF ANY.
EXHIBIT "A"
Page Two of Four
NARRATIVE DESCRIPTION OF THE UTILITY PROJECT
The developer has with the approval of Collier County, constructed the entry to Carlton Lakes
PUD. As part of that project there were improvements made to the Collier County Well field
infrastructure, most &which facilitated the ability to cross for the purpose of entry. Among the
improvements was the installation of new Stainless Steel Motor Starters on the wells. It was
agreed by staff and developer that this would be the only cost for which Collier County should be
responsible as this improvement is unrelated to the need for access. The Starters were installed at
that time in order to take advantage &the contractor mobilized at the site. The cost for installing
the Star, ers was S6,710.
EXHIBIT "A"
Page 3 of 4
TIME SCHEDULE FOR COMPLETION OF THE PROJECT
The Project is currently complete.
kit eondu~t, co~parvire, ftm~loeo fritters, control conduit for
werk at p~
Future eontrol c~d~
~e- service
O~ CO~ACr: . Paym~n~ due n~ 30
EXHIBIT "C"
Page 1 of 1
TIME SCHEDULE FOR REIMBURSEMENT
As soon as possible.
EXECUTIVE SUMMARY
ACCEPT PROPOSAL BY KYLE CONSTRUCTION, INC. TO CONSTRUCT THE
COLLIER COUNTY WATER o SEWER DISTRICT AND CITY OF NAPLES WATER
SYSTEM INTERCONNECT, PROJECT NO. 70040.
OBJE .CT~rE_2 That the Board of County Commissioners, as Ex-Officio the Governing Board
of the Colli ~r County Water-Sewer District, auflaorize a Purchase Order to construct the first of
two facilities planned to interconnect the City's and County's potable water systems.
CONSIDERATION: An Interlocal Agreement dated September 14, 1994, called for
interconnecting the City's and County's potable water systems so that one party can provide to
the other party "that water needed to provide temporary assistance in the event one party has an
emergency need for water beyond that availability in its own system." The Agreement also
states that the "agreement shall not apply to reasons of exceeded design or capacity limits on
plant or infrastructure facilities."
Staft evaluated alternative interconnect locations and determined there were two locations that
offered the greatest mutual benefit. They are Pine Ridge Read near Goodlette Frank Road and
Davis Blvd. near Lakewood Blvd. The interconnects are proposed to be constructed in two
phases because of funding constraints. The first interconnect to be constructed, under this
proposal, will be on Pine Ridge Road near Goodlette Frank Road.
The Board accepted the Temporary Construction Easements and the Utility Easement needed for
this project at its meeting of April 21, 1998, under ag~da item 16 B 3.
Proposals to construct the interconnect were received from the four contractors prequalified
under the City of Naples "Underground Utility and Emergency Repair Annual Contract," City
Bid No. 95-26. The proposals received were:
Kyle Construction, Inc.
Haskins, Inc.
Mitchell & Stark Construction Company, Inc.
Douglas N. Higgins, Inc.
$ 53,434.91
$ 65,060.OO
$ 80,980.00
$ 93,737.00
The Engineer's Estimate for the project was $ 66,170.41. Kyle Construction, Inc. submitted the
lowest, responsive proposal. Kyle Construction, Inc. has a satisfactory performance record on
previous projects involving similar work.
FISCAl. IMPACT:
available from:
Funds for construction of this project in the mount of$ 53,434.91 are
Fund 412; Cotmty Water Capital Projects
Cost Center 273511; Combined Water Capital Projects
Project No. 70040; City / County Water Interconnect.
In accordance with the Interlocal Agreement, the City will reimburse the CounLy for on?half of
the costs incurred by the County to design, construct, and manage the project. ~o.~
MAY O 5
~..
Executive Summary
Accept Proposal
Page 2
GROW"r!! MANAGEMENT IMPACT'.. None.
~.¢OMMENDATIONS: Staff recommends that the Board of County Commissioners, as
Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the proposal
from, arid allthoriz~ staff to issue a Purchase Order to Kyle COnStruction, Inc. in the amount of
$$3,434.9I for the construction of the Collier County Water- Sewer District and City of Naples
Water System Interconnect.
PREPARED BY:
Ronald F. Dillard, P.E., Project Manager
Office of Capital Projects Management
~teve Camell, Director
Purchasing Department
Ed~/ard NT. Firm, Interim Water Director
REVIEWED BY: ~~~/~ q'"; . .
Ad°lro ~ CCo.~ai~
Office of Capital ProjechqVlanagement
Ed II~l~-'~'~dmim ~hator
Public Worts Divigon
DATE:
DATE:
DATE:
DATE:
RFD:ffd
,.0
I HAY 0 51998
..... i iI
KYLE CONSTRUCTION INC.
.;;'.27-A Arnold Ave · Naples FL, 33942 · Ph:643-7059
[ _'~,
IG".'":.% :~"-: ...... r. '.'..'..','-~1 ~..", ,.:;." . '
i: Undefg~ufid, Utilit~ i '-
~,..,~:-:-;;:.' , .',,, :'.;'....~
April 22, 1998
.Mr. Ronald Dillard:
If this contract is awarded to Kyle Construction, Inc. we would like to start the job
immediately. The v, vo valve vaults are approximately one week delivery time. All other
fittings are in stock with the exception ofthe water meter. The water meter is a 3-4 week
delivery time frame.
Kyle Construction, Inc. will purchase a spool piece the same length as the water meter so
that the job can continue. When the water meter arrives, the spool will then be taken out
and replaced with the water meter.
Thank you for the opportunity to bid thls project.
Sin...~el
President
! HAY 0 5 1998
i(YLE CONSTRUCTION INC.
:.£27-A Arnold Ave * Naples FL, 33942 · Ph:643-7059 * Fax' 543-4S7.:
/~;' '.- ¢.-.,,,:. ,~.;, .-..,',t~'P.,,~'~- ~ ~.".'7;;A I ::.: -.: ·
I...Under'g'rdUn~Utillty_.- I ' '
BID SCHEDULE
COLLIER COUNTY WATER-SEWER. DISTRICT AND
CITY OF NAPLES WATER SYSTEM INTERCO~CTS
Item Description
Unit Quantity Unit Price
Total Price
I 16" Dia Class 51 D.I. Pipe LF
2 16" Dia Class 50 D.I. FM LF
3 12"x2' Spool Piece w;Blind Flange Each
4 12" 90 Flanged Base Elbows Each
5 16" Tapping Valve Each
6 16"MJ Sleeve Each
7 12" Gate Valve Each
8 Removable Interconnecfion A~.~embly Each
9 Valve Vault w/Access Hatches Each
10 Sidewalk Replacement SF
11 Curb Replacement LF
12 Pavement Replacement. SY
13 Concrete Slab CY
14 Mobilization,T)emobilization LS
15 M,~in_t~:~ of Traffic LS
13 $ ...... 297.33_
16 $ 388.30
2 $ 851.56
2 $ 1166.56
1 $ 6658.66
2 $ 905.45
2 $ 1400. oo
I $ 13163.60
2 $ 2795.46
205 $ 8.50
70 $ 21 .OO
16 $ 29.00
1.4 $ 3oo. OO
1 $ 3O0O.OO
I $ 900.00
Total Bid Price
5!65.29
6212.80
1702.12
2333.12
6658.66
1810.90
2800.00
13163.60
5590.92
1742..50
1470.00
464.00
420.00
3000.00
HASKINS INC.
10956 Enlerpris~ Avenue · Bonila Springs, FL 34135
PH. (941) 947-1846
1..0 33
FAX (941) 947-385/
DA'I'S: APRIL 20, 1998
TO:
RONALD F. DILLARD, P.E., PROJF. Cr MANAGER
COLLIER COUNTY OFFICE OF CAPITAL PROJECTS
BID FOR COLLIER COUTY WATER- SEWER DISTRICT AND
CITY OF NAPLES WATER SYSTEM INTERCONNECTS
Attach~ h~r~to pl~as~ find o~ bid for tt~ above r~fercnc, ed project.
Plea~ not~ this quot~ do~ not includ~ gay provisions for r, wv~ying, gakei~ ix-m~tting, m~or
~do~ ~ ~ov~. ff~ is ~ pl~ ~ ~,~.~ ~ ~ bi~ ~ ~c. ~1
~ ~lc ~ m~ ~c ~c ~ ~ ~c ~o~.
t-hskins Inc. will not be rcspon.siblc for any damag~ done by others that rn~y be found at thc onc
year fin,xl inspection.
This quote is good for 30
Thaak you for the opportu~ty to bid on this project.
S [',.~rcly,
Pr~sitient
HH:kh
Attachment
HAY O 5 lS98
HA$I-'INS, INC.
10956 EN'FERI'RISF, A'qEN'UE
BONITA SPRINGS, FL 3~ 135
BID SCHEDULE
COLLIER. COUNTY WATEK-SEWER. DISTRICT AND
CITY OF NAPLES WATEK SYSTEM iNTERCONNECTS
Item Description
Unit Quantity Unit price
Total Price
1 16" Dia Class 51 D.I. Pipe LF
2 16" Dia Class 50 D.I. FM LF
3 12'x2' Spool Piece w/Blind Flange Each
4 12" 90 Flanged Base Elbows Each
5 16" Tapping Valve Each
6 16" MJ Sleeve Each
7 12" Gate Valve Each
8 Removable Interconnection Assembly Each
9 Valve Vault w/Access Hatches Each
I0 Sidewalk Replacement SF
I1 Curb Replacement LF
12 Pavement Replacement.. SY
13 Concrete Slab CY
14 Mobilization/Demobilization LS
15 Maintenance of Traftlc LS
13
16
2
2
1
2
2
1
2
205
70
16
1.4
1
1
aoo.oo $ 5,200.00.
385.00 $ 6,160.00
650.00 $ 1,300.00
800.00 $ 1,600.00
8,700.00 $ $,700.00
750.00 $ 1,500.00
1,100.00 $ 2,200.00
15,775.00_ $ 15,775.00
5,750.00 $ 11,500.00
6.00 $ 1,230.00
15.00 $ 1,050.00
30.00 $ 480.00
475.00 $ 665.00
A,TOO.O0 . $ A,700.O~
3,000.00 . $ 3,000.0~
Total Bid Price
$ 65,060.00
MAY 0 5 1998
Item
BID sCHEDULE
COLLIER COUNTY WATER-SEWER DISTRICT AND
CITY OF NAPLES WA/ER sYSTEM INTERCONNECTS
Description
Unit Qumtity Unit Price
Total PHc~
I 16" Dia Class 51 D.I. Pipe LF 13 $
2 16" Dia Class 50 D.I. FM LF 16 $
3 12"x2' Spool Piece w/Blind Flange Each 2
4 12" 90 Flanged Base Elbows Each 2 $
5 16" Tapping Valve Each 1 $ oo
6 16"MJ Sleeve Each 2 $ ~O°~:'~
7 12" Gate Valve Each 2 $
8 Removable Intercormeztion Assembly Each 1 $
9 Valve Vault ,,.,./Access Hatches Each 2 $ ,5''ooc-'~--'e'~
10 Sidewalk Replacement SF 205 $ q o..._~
11 Curb Replacement LF 70 $ /A''-c~
12 Pavement Replacement SY 16 $ q O~'~-'z
13 Concrete Slab CY 1.4 $
14 Mobilization/Demobilization LS I $
15 Maintenance of Traffic LS I $
$ /o~o°-'~
Total Bid Pfic~
6001 SHIRLEY
STREet / MAY 0 § ;S~i~ /
NAPLES. FLORIDA a41oe.s2OlJ ~. 7
April 22, 1998
Ron Dillard
Project Manager
Office of Capilal Projects Management
Collier County
3301 East Tamiami Trail
Naples, FL 34112
P~: WATER SYSTEM INTERCONNECTS - NAPLES/COLLIER
Dear Ron -
We are pleased to quote this project for Collier County. &rtached is our bid schedule.
Niether our work load or material delivery should affect the anticipated schedule listed in
the request for quotation.
If you have any questions please call me at 941-774-3130.
Sincerely,
DOUGLAS N. HIGGINS, INC.
Daniel N. Higgins
Project Manager
Att: I
HAY 0 5 1SS8 /
/
· ,,, L, --'""'" J
BID SCHEDULE
2887 ~a~da,,,( 1'rail,
~aple~, ~lorida 34112
COLLIER COUNTY WATER-SEWER DISTRICT AND
CITY OF NAPLES WATER SYSTEM INTERCONNECTS
Item Description
Unit Quantity Unit PHce Total Price
O7
1 16"DiaClassSl D.I. Pipe LF 13 $ 450.00 S 5t850.00
2 16" Dia Class 50 D.I. FM LF 16 S 450.00 $ "/,200.00
3 12"x2' Spool Piece w/Blind Flange Each 2 $ 1,101.00 $ 2e202-00
4 12"90 Flanged Base Elbows Each 2 $_1e466-00 $ 2t932.00
5 16"Tapping Valve Each I 5; 8,658.00 S 8,658.00
6 16" MJ Sleeve Each 2 5; It102.00 $ 2t204.00 .
I2" Gate Valve Each 2 $ 1,559.00 $ 3,118.00
8 Removable Interconnection Assembly Each I $~ S 13,663.00
9 Valve Vault w/Access Hatches Each 2 $_13t000-00 $ ~6,000.00
10 Sidewalk Replacement SF 205 $ 30.00 $ 6,150.00 -
11 Curb Replacement LF 70 $ 60.00 $ 4,200.00
12 Pavement Replacement SY 16 $ 210.00 $ 3,360.00
13 Concrete Slab CY 1.4 $ 500.00 _ $ '/00..00
'14 Mobilization/Demobilization LS I $ 4,.500.00 $ 4,500.00
15 Maintenance ofTraffic LS I $ 3,000.00 $ 3,000.00
Total Bid Price $ 93,737.00
EXECUTIVE SUMMARY
APPROVAL OF A THIRD AMENDMENT TO LEASE AGREEMENT WITH THE COLLIER COUNTY
AGRICULTURAL FAIR AND EXPOSITION, INC. (COLLIER COUNTY FAIR BOARD)
~: Approval of a Third Amendment lo Lease Agreement with the Collier County
Agricultural Fair and Exposition, Inc. (Collier County Fair Board).
CONSIDERATION: The Board of County Commissioners approved a Lease Agreement with Collier
County Fair and Agricultural Exposition, Inc. (now referred to as Collier County Agricultural Fair and
Exposition, Inc.) on November 10, 1986 for the purposes of leasing approximately 40 acres
(Demised Premises) of County-owned property located on Immekalee Road near the Orangetree
Development. The Lease Agreement officially commenced on January 15, 1987, and pursuant to the
Lease, shall terminate on January 14, 2037. No rent is paid for use of the Demised Premises.
On January 16, 1990 the Board of County Commissioners approved an Amendment to Lease
Agreement adding an additional 30.96 acres to the original 40 acre Demised Premises. Pursuant to
the Amendment and exhibits attached, the leased area totaled 70.96 acres.
On December 18, 1990 the Board of County Commissioners approved another Amendment to Lease
Agreement which allmved the Fair Board access and use of an existing lake located adjacent to the
then Demised Premises. Attached as an exhibit to the Amendment was a legal description for a
parcel comprised of 37.05 total acres (surveyed) replacing the original 40 acre tract (not-surveyed).
The 30.96 acre tract added in January 1990 was omitted from this Amendment.
In order to describe the Demised Premises as was intended, the attached Third Amendment to
Lease Agreement must be approved and executed by the Fair Board and the Board of County
Commissioners. The attached Third Amendment to Lease Agreement combines the 37.05 acre tract
with the 30.96 acre tract added in January 1990. If the attached Third Amendment is approved, the
Fair Board shall lease a total of 68.01 acres from Collier County. The Fair Board shall utilize the
County-owned site in accordance with that Lease Agroement, dated November 10, 1986.
The Fair Board has also agreed to erect a fence at its sole cost and expense along the West
boundary of the leased property upon such time as the vacant property is developed or a use is
established or until the County determines it is in the best Interest to erect said fencing to ensure
adequate safety of the public. Article 17 of t;'~e Lease Agreement was therefore also amended.
FISCAL IMPACT: None
GROWTH MANAGEMENT: None
1~o. . II; 1) r
HAY O 5 1998
. /
RECOMMENDATION: That the Board of County Commissioners approve the attached Third
Amendment to Lease Agreement between Collier County and the Collier County Fair and Agricultural
Exposition, Inc. allowing the Fair Board to lease a total of 68.01 acres of County-owned property, for
the purposes stated in the original Lea~ment.
Sandra?a~l~r,~ReaI. property Ma0a"~ent Department Director
Leo E. Ochs., Jr., Suppo~:Services Division Administrator
Lease #653
THIRD AMENDMENT TO LEASE AGREEMENT
THIS TIHRD AMENDMENT TO LEASE AGREEMENT entered into this day of
.... 1998 at Naples, Collier County, Florida, by and betwt~-n the Collier County
A~cul~ural Fair ~d Ex~sition, Inc., fo~erly refcn~ to u Colli~ County F~ir ~d A~cuhural
Ex~sitlon, Inc., whos~ mailing addr~ is 7~1 3~ Av~ue N.E, N~ples, Florida 34120.
herc~nafl~ torched to u "LESSEE", and Collier County, a ~litlcal su~Msion of the State of
Flodd~ whose mailing sddrcss is 3301 ~I T~i~i Tail, Naples, Florida 34112, h~cinafl~
rcf~ed ~o u "LESSOR'.
WITNESSETH
WHEREAS, the LESSEE md LESSOR have pr~iously entered into a Lease A~'ecrntm dated
November I0, 1986, an Amendment to Lease Agreement dated January 16, 1990. and an
Amendment to Lease Agreement dated Docernb,:r 18, 1990;
V,q-IEREAS, the LESSEE and LESSOR are desirous of arncndlng the Lease Agreement dated
November 10, 1996, as amended; and
NOW THEREFORE, in consideration of the covenants and a~rcernents provldcd within the said
Lease Agreement dated November I0, 1986, the Amendment to Lease Agreement dated January 16,
1990 and the Amendment to Lease Agreement datccl December 18, 1990, snd Ten Dollars {S10.00)
and other valuable consideration, thc Lcasc Ag, rcemcnt, as amcndcd, dated Novcmbcr 10, 198G is
hereby amended as follows:
I. ArHclc 1 and Article 17 of the Lease Agreement a~c hereby deleted in their entir~y and thc
following provisions are sub~,imted in its place:
ARTICLE I. D~emlsed Premises
In consideration of the payment of rents, services to the community and activities provided for
community use and the p~rformance of the covenants her¢in~,fier s~ forth, LESSOR hereby leases
to LESSEE ~.nd LESSEE hcr~b7 leases from LESSOR the prol:~ty described in Exhibit "A"
(revised), whkh is attached herc'~o ~cl m~e a p~n hereof, and hereinafl~' r~fo'red to as the
"Donised Prernlses", situated in the Coun~ of Collier and the S~te of Florida, for the purpose of
opcratlng a fairground facility, consistent with the North Golden Gate P.U.D. document as recorded
in thc Official Records of Collier County, Official R~cord Book 1180, Pages 1561 through 1599.
This purpose Is to be considered a recreational facility by Ibc Community Development Division of
Collier County.
ARTICLE I?, f~ener~l Ptavltlnns
LESSOR and LESSEE recognize that Collier County (LESSOR) originally acquired the
Demised Premises through a conveyance by thc Doveloper of the Orangetree Planned Unit
Development {formally known as North Golden Gate) in accordanco with development
commitments applicable thcrcio. It is furtbet recog, nlzcd that the potential always exists that the
Developer of thc Orangctrcc Planned Unit Development or a third party may litigate issues rclatlng
to development rights and obligations ss sci forlh in the Planned Unit Development (PUD)
Document (known as thc "PUD by Settle'mint" document). It is therefore ag;reed by LESSOR and
LESSEE th,,t in thc c',,~t that litigatlon is instltut¢:l in a court, of competent jurisdiction and svch
Ibis, orion rcsuhs in a requirement that Collier Cou~.ty (LESSOR) reconvey the Dernised Premises to
~-::-- AG~NOA .ITEM
! MAY 0 5
the Developer, this Lease shall be terminated immediately upon such reconveyancc and LESSEE
shall relinquish all rights in said Demised Premises.
LESSEE agrees to creel Fcncing al its sole cost and cxpcnsc along thc Wes! boundary oFthc
Demised Premises (which may includc a porlion of the Noah and South boundary) upon such time
as thc ,,'acant propc~y adjacent to thc West boundary of thc Demised Premises is dc'.'clopcd or a use
is established or until such dmc as the LESSOR dctcrmincs it is in thc best interests to erect said
Fencing to ensure adequate safety of the public. Said fencing shall be not less than a six (6) fcct in
height and shall be ora rubber coated chain link quality and ora color approved by thc LESSOR.
LESSEE acknowledges and agrees to allow the LESSOR at its sole cost and expense to enhance or
impro¥c any fencing erected by LESSEE in order to ensure LESSOR's operation located adjacent
to t,he Demised Premises is minimally affected by any activities held by LESSEE on thc Demised
Premises.
LESSEE fully undcrst, ands that the police and law enforcement s~curity protection pro¥ided
by law c~Forccmcnt, agencies for the above referenced Demised Pr:raises is limit,ed to that pro¥ided
to any other buslncss or agency situated in Collier County, and aci',nowledgcs that any special
security measures dccmcd necessary for additional protection oft,he D~liscd Premises shall be thc
sole responsibility and cost of LESSEE and shall involve no cost or expcnsc to LESSOR.
LESSEE expressly agrees For itself, its successor and assigns, to refrain from any usc of the
Demised Prcmiscs which would interfere with or adversely affect thc operation or maintenance of
LESSOR'S standard operations on adjacent property or where other operations share common
Facilities under one (I) roof.
LESSEE shall not commit, or allow to bc committed, any wa. sic on the Demised Premises.
create or allow any nuisance on thc Demised Premises or usc or allow the Dcmised ?rcmises to bc
used as any unlawful purpose.
LESSOR shall not bc required to furnish the LESSEE any facilities or sen'ices of any kind
v. halsocvcr during Ihe lerm of this Lease. such as. but not limited to, water, electricity, light and
power, gardening and outdoor maintenance. LESSOR shall not be required to make any alterations,
rcbuildings, replacements, changes, additions, improvements or repairs during t,hc said tcnn of this
Lcasc.
Thc LESSEE will not incur any indebtedness giving a right to a claim oFJi~n on t,hc
Demised Premises or upon Iht LESSEE'S interest under the Lease. Thc existence of any such claim
of lien For a period in excess oFsixty (60) days after written notice thereof to LESSEE or sixty (60)
days after knowledge thcreol'by LESSEE. shall constitute a material breach of this Lease. Upon
knov, ledge or notice LESSEE shall have said claim of'lien removed of record within sixty (60) days
by paying or bonding same. LESSEE will cause to bc filed a Notice of Commcnccmcn! showin$
LESSOR and p~rdcs to recci,,'c notices under thc Mechanic's Lien Law. All contracts made by t,hc
LESSEE For alteration, imp,,~¥cments, reconstruction or repair oft,he Demised Premises shall be a
LESSEE.'S expense, and thc pro'tuct, oFthc work shall b~omc a pan or' the Demised ?rcmiscs.
A lending institution or bank. authorized t,o do business in t,he State of Florida. may succeed
to the rights of the LESSEE in a pledge oFcrcdit and will not constitute a default under this Lease.
Upon commencement of thc Initial term oft, his Lease, LESSEE shall operate a Fairground
Facility as described above on thc Demised Premises in a businesslike and r~utable manner.
LESS EE coYenants and agrees not lo use, occupy, suffer or pon'nit said Demised Premises or
any p~ thereof to be used or occupied for any purpose other than described able.
2. Except, as ~:xprcssly provided herein, the Lease Agrccmcn! between thc Collier County Fair
and Agricultural Exposition, Inc. and Collier County dated November 10. 1986, as amended.
remains in full force ~nd effect according ~o the terms and conditions contained therein, and said
terms and conditions are applicable hereto except as expr~s:ly provided ot. herwisc herein.
A~NOA IT£H
HAY 0 5 1998
IN WITNESS WHEREOF. Iht LESSEE and LESSOR have hereto executed this Third
Amendment to Lease Agreement Ihc day and ye~,r firs! above written.
AS TO THE LESSEE:
WITNESS (Signature)
(P~n~ Name)
COLLIER COUN'I~ FAIR AN~D ,,. ,..
TE~/~L'FS~)N, Prcsid¢~l" v- ~
AS TO THE LESSOR:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS.
COLLIER COU~NTY, FLORIDA
BY:
BAR~ARA B. BERRY, Chairman
· Depuly CIc~
Approved as to t'orm and
legal sufficiency:.
Heidi F. Ashlon
Assis~an! Counly Atlomcy
PROJECT
PROJECT PARCEl. HO.
TM[ PARCEl. HO,
LEGAL DESCRIPTION
Part or' Block 489. North Golden Gate Unit 2, as recorded in Pint Book
9, P~ges 29 thro[:gh 43, Public R~rds or Collier County, Florida,
dc~ri~d ~ follo~:
Commence ~t ~ No~wc~t ~m~ of ~id Bl~k 4~9; ~ ~on~
no~h ~un8~ or ~;d Bilk 4~9, S SS' 0S' 24" E, 455.75 feet to
Point cf Bcgim.lng; ~e~ ~ntinuc along ~id ~ ~d~.
S 88'08' 24"E. 25qS.Tf I'~t; ~¢~a lcsvinE said ~ ~d~
S01'53' 16"W, IsS4.51 I~t; ~nce N88'OE'24"W, 2696.65
~en~ N 0 t' b~ ' 16" E, 35.~ ~; ~cn~ S 88' 08' 24 "E, 240.~ ~t;
t73.07 ~eet; ~cnc= N0l'5]' 16"E, 350.~ feet to ~ Point of
Be~i~in~. Con~h,',3 68.01 ~s more or less.
SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY}
POINT Of' C. OMM £ N~;:'M ~ NT
KII.'I IIWCST COII.~ [11, Or It O~1;. ,lit
".'.:.~;.'.;:c'~ ' ~ -
i.,4,~ II l*ll'ld'~.. J$l.ll.
?:
:-
SCALE:
OR~N BY:
CHECKED BY:
FILE NO:
REVISED:
I~O'T 'TO
HAY 0 5 1998
APPROVAl, OF BUDGET A3,IENDMENT$
BCC A~enda of
Museum CIP (Fund 314)
Budget Amendment No. 9g-208 '
M~scurn
Capital Outlay
Opcradng Expenses
To~l
Expenses are for crushed shell for the Museum grounds and Native Plant Garden.
expense will be charged to operating expem~s rather than capital outlay.
(.~A7)
$447
Based on actual cost, this
AG~DA ~
HAY 05'1998
BOARD OF COLTNTY COMMISSIONERS
MISCELLANEOUS CORI~SPONDENCE
MAY 5, 1995
FOR BOARD ACTION:
Sali~facti0p of l,.ierl: NEED MOTION authorizing the Chairman to sign Satisfaction of
Lien for Services of the Public Defender for Case Nos.: 91-4437-TMC, 91-1694--MMA,
88-691 -CFA, 91 - 129 I-IT, 90-1 $ 82-TM, 90-6640-TM/90-6641-TM, 88-3014-TM, 90-
4932-TM, 90-$421-TMC, 92-6939-MMA, 95-524-CFA.
MAY-5
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AS EX-
OFFICIO THE GOVERNING BODY OF THE COLLIER COUNTY WATER-SEWER
DISTRICT APPROVE THE STIPULATED FINAL JUDGMENT 'RELATIVE TO THE
EASEMENT ACQUISITION ON PARCEL NOS. 904A, 704B, 904B, 704C AND 904C,
RICHARD L. JAEGER, TRUSTEE IN THE LAWSUIT ENTITLED COLLIER COUNTY v.
[KILLIAM A. KINSLEY, et al, CASE NO. 96-.1315-CA-01-DRM- (NORTH COUNTY
REGIONAL WATER TREATMENT PLANT 8-MGD WELLFIELD EXPANSION
PROJECT, 70859/70828).
~7~[~.~7.II3~ That the Board of County Commissioners as ex-officio the governing body of the
Collier County Water-Sewer District, approve the Stipulated Final Judgment as full and final
compensation to be paid for the acquisition of a Utility Easement on Parcel No. 904A, Utility Well
Site Easements on Parcel Nos. 904B and 904C, and Temporary Construction Easements from
3/1/97 to 3/1/98 on Parcel Nos. 704B and 704C for the North County Regional Water Treatment
Plant 8-MGD Wellfield Expansion Project in the lawsuit entitled Collier County v. IVilliam A.
Kinsley, et al., Case No. 96-1315-CA-01-DRM.
CONSIDERATIONS: The Board of County Cvmmissioners, on January 9, 1996, adopted
Resolution Nos. 96-13 and CWS 96-1, authorizing staff to acquire the necessary raw water well site
easements in fee simple by gift, purchase or condemnation for the North County Regional Water
Treatment Plant 8-MGD Expansion Project. On June 17, 1996, an Order of Taking was entered in
Collier County Circuit Court regarding the acquisition of easements for the North County Regional
Water Treatment Plant 8-MGD Wellfield Expansion Project. On July 5, 1996, Collier County
deposited with the Registry of the Court the sum of Five Hundred Twenty-Five Dollars ($525.00)
for Parcel Nos. 904A, 704B, 904B, 704C and 904C in accordance with the Stipulated Order of
Taking. The County and the Respondent have entered into a Stipulated Final Judgment subject to
the approval of the Board for the purpose of fully and fairly compensating the Respondent for the
taking of the property for a public purpose pursuant to Chapter 73, Florida Statutes.
The Stipulated Final Judgment attached as Exhibit "A" provides for the settlement of the above-
referenced case as to Parcel Nos. 904A, 704B, 904B, 70412 and 904C. The Stipulated Final
Judgment provides that the County pursuant to Chapter 73, Florida Statutes, pay an additional One
Thousand Seven Hundred Fifty Dollars ($1,750.00) into the Registry of the Court.
Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider
them to be reasonable.
The Defendant recovers from Collier County the sum of One Hundred Twenty-Five Doll
($125.00) for Parcel No. 904A; Two Hundred Dollars ($200.00) for Parcel Nos. 904B and 90~
Two Hundred Dollars ($200.00) for Parcel Nos. 704B and 704C. The County and the Responder
attorneys have reached an agreement as to the Respondent's reasonxble attorneys fees and cost~
the total mount of One Thousand Dollars ($1,000.00) and Six Hundred Twenty-Five Doll
($625.00) for the cost of an additional appraisal fee incurred by the Respondent. One Hum]
Twenty-Five Dollars ($125.00) will be credited to Parcel No. 904A since the original Orde~
Executive Summary
CC v. William A. Kinslcy, et al.
Page 2
Taking deposit for Parcel No. 904A was distributed to Defendants, Olde Florida Golf Club, Inc. and
OFC of Naples, Inc. for the interest they held in the property. The Stipulated Final Judgment
requires the County to deposit a payment of One Thousand Seven Hundred Fifty Dollars
($1,750.00) into the Court Registry within thirty (30) days fi'om the date of the Stipulated Final
Judgment, subject to the approval of the Board of County Commissioners.
FISCAL IMPACT: The cost and fiscal impact is One Thousand Seven Hundred Fifty Dollars
($1,750.00) charged against Water Capital Projects Fund and Cost Center No. 412-273511-70859
and will be deposited into the Registry of the Court.
GROWTH MANAGEMENT IMPACT: The project is consistent with the capital improvement
element of the County's Grow'th Management Plan (CIE 859) and the subject acquisition was a
requirement for the project.
RECOMMENDATION: That the Board of County Commissioners, and as ex. officio the Collier
County Water-Sewer District:
1. approve the Stipulated Final Judgment; and
2. approve the expenditure ofthe funds as stated; and
3. direct staffto deposit the funds into the Registry ofthe Court.
Prepared by:
Rod ney/C'. Wade -
Assis/3ffnt County Attomey
Appr[,ved by:.
Adolfo A. G(gnzalez, D/~ector_..)
Office of Capital Proj~ts Management
Date
Approved by:
Ed Ilsclmer, Administrator
Public Works Division
Approved by:
David C. Weigel '
County Attorney
h'./~w/e~ ~urr~rm~/~C v. Kinfl~/Pat~ds 904A, 704B, 904B, 704C sad 904C
D~te '-
AGENDA iTEM
MAY § 5 lgg8
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT
IN Aa",,q3 FOR COLLIER COLINTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of
the State of Florida, and
THE COLLIER COUNTY WATER-
SEWER DISTRICT,
Plaintiff,
VS.
WILLIAM A. KINSLEY, et al.,
Case No. 96-1315-CA-01-DRM
Parcel Nos. 904A, 704B, 904B,
704C and 904C
Defendants
MOTION FOR STIPULATED FINAL JUDGMENT
Plaintiff, and Defendant, RICHARD L. JAEGER, TRUSTEE, by and through their
undersigned counsel hereby move the Court to enter the foregoing Stipulated Final Judgment as
!
to Parc. :Nos. 9 ,904B, 704\C and 904C in the aboy. y.~le/53 case. .
WILLIAM M. PEARSON, ESQ.
Grant, Fridldn, & Pearson, P.A.
5551 Pddgewood Drive, Suite 501
Naples, FL 34108
9411514-1000 (Telephone)
FL Bar No. 0521949
ATTORNEY FOR DEFENDANT,
RODNEYff(WADE, ESQ.
Assistant/County Attorney
330I T~&dami Trail, East
Administration Bldg. 8th Floor
Naples, FL 341124902
941/774-8400 (Telephone)
FL Bar No. 374091
ATTORNEY FOR PLAINTIFF
AGENDA ITEM.
HAY 0 5 E}98
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER, COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of
the State of Florida., and
THE COLLIER COUNTY WATER-
SEWER DISTRICT,
Plaintiff,
VS.
WILLIAM A. KINSLEY, et al.,
Defendants
Case No. 96-1315-CA-0I-DRM
Parcel Nos. 904A, 704B,
904B, 7(MC and 904C
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon a Joint Motion made by Plaintiff and
the Defendant, RICHARD L. JAEGER, TRUSTEE, by and through their undersigned counsel
for entry of a Stipulated Final Judgment as to the above-styled case, 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 plaintiff is the full compznsation due the Defendant, RICHARD L. JAEGER,
TRUSTEE, and the Court being otherwise fully advised in thc premise thereof, it is thereupon
ORDERED AND ADJUDGED that the Defendant, RICHARD L. JAEGER, TRUSTEE,
have and recover from the plaintiff, COLLIER COUNTY, FLORIDA and the
COUNTY WATER-SEWER DISTRICT, the sum of Five Hundred Twenty-Five
($525.00), consisting of Two Hundred Dollars ($200.00) for Parcels 904B and 904C
exclusive perpetual Utility Well Site Easements; One Hundred Twenty-Five Dollars ($1
for Parcel 904A, Utility Easement; and Two Hundred Dollars ($200.00) for Parcels 704B and
704C, Temporary Construction Easements through March 31, 1998, as full payment for the
property interest taken and for any other damages resulting to the remainder, if less than the
entire properly was taken, and for all other damages in connection with said parcels; it is further
ORDERED,
1. That the Plaintiff shall provide non-maintenance xeriscape landscaping to be
constructed in and around Parcels 904B and 904C and shall be maintained by the Plaintiff.
2. All landscaping, buffeting or any otb~ improvements constructed by the Plaintiff in
and around Parcels 904B and 904C shall be placed in sufficient distance from the utilities
structures and facilities so that the proposed improvements do not interfere with the operation
and access to and maintenance of the utility facilities located within the non-exclusive perpetual
Utility Well Site Easements by the Plaintiff.
3. That the Plaintiff shall pay the Defendant's reasonable attorney's fees and costs in the
total amount of One Thousand Dollars ($I,000.00).
4. That the Plaintiff shall pay the cost of an additional appraisal fee incurred by
Defendant in the total amount of Six Hundred Twenty-Five Dollars ($625.00).
5. That One Hundred Twenty-Five Dollars ($125.00) will be credited to Parcel 904A
since the original Order of Taking deposit for Parcel 904A was distributed to Defendants, Olde
Florida Golf Club, Inc. and OFC of Naples, Inc. for the interest they held in the property.
ORDERED, that the Plaintiff shall deposit an additional sum of One Thousand Seven
Hundred Fitly Dollars ($1,750.00) into the Registry of this Court within 30 days from the date of
Stipulated Final Judgment, subject to the approval of the Board of County....Commissioners; it is
AGEN DA ITEM x
further No-/-~--('~:'~
HAY 05
2
ORDERED, that the Clerk of this Court shall distribute the sum of Two Hundred Dollars
($200.00) for the non-exclusive perpetual Utility Well Site Easements taken; One Hundred
Twenty-Five Dollars ($125.00) for the Utility Easement taken; Two-Hundred Dollars ($200.00)
for the Temporary Construction Easements; One Thousand Dollars (51,000.00) for attorney's
fees and costs, and Six Hundred Twenty-Five Dollars ($625.00) for additional appraisal costs
less any amounts previously paid to the Defendant for the parcels referenced herein, to the Trust
Account of Grant, Fridkin, Pearson, Athan, & Crown, P.A., c/o William M. Pearson, Esq., 5551
Ridgewood Drive, Suite 501, Naples, Florida 34105; and it is further
ORDERED, that the property interest taker., as non-exclusive perpetual Utility Well-site
Easements, Utility Easement and Temporary Construction Easements through March 31, 1998,
being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in the
Plaintiff pursuant to the Order of Taking dated June 17, 1996 and the deposit of money
heretofore made, is approved, ratified and confirmed; it is further
ORDERED, that this Stipulated Final Judgment is to be recorded in the Official Records
of Collier County, Florida.
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day
of ,1998.
DANIEL R. MONACO
Circuit Cou~Judg¢
conformed copies to:
William M. Pearson, Esq.
Andrew I. Solis, Esq.
Rodney C. Wade, Esq.
Lila M. and Louis J. Carusillo, Jr.
Joseph and Susan Milzman
E. Weber, Legal Asst., Collier County Attorney's Office CERTIFIED COPY
1.:;ookkeeping
3
AI{F. NDA_rT£M,
1998
'. EXHIBIT "A"
o~c~fPno~ o~ PRopos~ COUNTY unu~ ~A~r '
A PROPOSEO COUN~ U~LITY EASEMENT O~R. UI'OER AND ACROSS ~LL
PARr OF 5EC~ON 36, TO~IP 48 SOU~. RANGE 26 fAST, C~UER COUNTY,
~ORIOA BEING MOR~ PAR~LARLY OES~IBED AS FOLLOW;
~E HORTHERLY 20.50 FEET ~ ~E 50U~EKLY 60.00 FEET OF ~E
50U~AST OUteR OF 5A;O 5EC~ON 36;
ANO
~f SOU~EKLY 39.50 ~ET OF ~f fAS~RLY 170.56 FEET OF ~f
5~EAST CU~R OF SAIO SEC~ON 36.
CONTAININ/ IhJgg A~ES OF L~D ~ORE OR LESS;
SUB.CT1;~ EAS~TS ANO RESTR~CnONS OF RECORO.
PARCEL 18
SEC~ON 36, TO.SHIP 48 SOU~, RANGE 26 EAST
2645'- ' ':
, ,-60' 50U~LY 39.5' PROPO$~ ~,U.~--
~I70.56~
20.5' PE¢O$ED 6U.&
SOUREST CORNER SEC~ON J6
A
f~: C~LIER COUNTY, FLORIDA ~pro~ct:
COUN~ U~ ~SEMENT ........
title: SKETCH ~ DESCRIP~OH OF PROPO~ C.U.~
P~T OF 5EC~Ott 36~ TO~SHIP 40 SOU~ R~GE 26 EAST
' dote:REUSED 12/~2/95
. .-60' SOUTHERLY 39.5' PROPOSED C.U.~.,--1''
~I70.56--
F 20.5' PROPOSED C.U.E.
EXHIBIT"A"
AS A TEM~CRAKX C~c5:ua~=r[~ ~ ~ ~.A~2Z, t~O.: ?04B
DES~;P~ O~ ~PORARY CO~S~UCfl~ EA~ENT
A PROPOSED ~P~ARY C~S~UC~ON EASieST O~R,' UNDER
ALL ~AT P~RT ~ SfC~ 36, TO.SHIP 4~ SOU~, R~ 26 ~L C~LIfR
C~NT~ ~ORIOA. BEING ~E P~CU~LY DES~BED AS f~LO~:.
COU~HONG AT' ~ HOR~ST C~NER ~ ~ACT Bl. UNIT 6. ~DEH CA~
' . ESTA~S. P~T. B~'4. PA~F 9~.'~EN~ N 00'44'00' E A D[ST~CE OF 60.00
" FEET: ~EHCE~S ~g36'O0:~--E A DIST~ OF I0.00 ~ET'TO
' EEG:HHIHG OF ~E EA~NT HERE]H BEING DESk,BED:
, ~ H O0'd4.'OO~:E.A.OISTANCE ~ 35.00
": ' ~CE H'BgI6'OO~'W A OiSTANCE'~ 35.~ ~ET:
~ENCE S 00'44'00' W A DISTANCE OF 15.00 ~ET:
THENCE S 89~6'00' E A DISTANCE ~ 20.00 FEET;
. ~ENCE S 00'44'00' W A DISTANCE OF 20.00 FEET TO
OF ~f EASEMENT H~EIH DESCRIBED;
C~,T~N[N~ 0.019 OFteN ACRE O~ LANO ~O~E OR L~:
S~E~r RECORD.
SUE~CT r~ EA ~rS A~D fiESTR~C~ONS OF .
SEC~Ot~ 36
T48S
R26E
,, 8g',,'OO'W r TE~P~A"Y
JS. 00
60
NOT A JURVEY
t~tle: ~E~ & CES~IP~ON OF ~PORARY CONS~UC~
" .. EXHIBIT "A"
~ A ~ ~ ~0: ~208120009
SECnO~ 36, TO~IP ~ S~, RAHGE 26 EAS~ CO~ C~(~
~O~DA, B~HG.M~ P~R~L~LY DES~I~ AS F~LO~;
COU.~ENONG AT ~E HOR~ST C~N~R OF ~ACT 81, UtlIT 6. GOLOEN
ESTA~S. PLAT B~K 4, PA~ 93, ~CE N 00'44'00' ~ A DISTAN~
TO ~ POrNT ~ 8~NNING ~ ~E ~A~T H~N ~IHG
~HCE S 8g~6'00' E A DISTAH~ OF ~0.~
~ENCE N 00"44'00' .f A OIST~ ~ 20.~ ~T;
~ S ~'44'00' W A DISTAH~ ~ 20.00 ~
~ENCE S 89'~6'00' E A DISTANCE ~ lO. O0 ~ET TO ~f POINT ~
~EC~i 36
5 fg'16'OO'E-/
80
10.00
S 89'~6'00'E
10.00
P.O.B.
P.O.C.
t/OR TH½~ST
NOT A SURVEY
IproJect: H.C.R.W.T.P.
W~LL EX'PANS/OH
904BI
title:
COLLIER COUHT~. F'I.C~IOA
S,;¢ETCH & DESC~IPTIOhl OF' ~'~LL EASEUENT
PAG~ ! OF' 2
date:
,flJLY 25. 1995
scale: Jbo :
l~ro ~':.[ J ocad:~lSj-W6
no.: 70~6 J tech: 70~6
EXHIBIT "A"
trutJO: 002081200(:
A PROPOSED TEMPORARY C~STRUCfl~ EASEW~T O~R, UHDER ~O ACROSS
~L ~AT PART OF SEC~ 56. TO~IP 48 $~, R~CE 26 EA~T, CO~ER
COUNTY, ~ORIDA. BEING MORE PAR~LY DES~JBED AS F~LO~:
COMM[NOHG AT ~E HOR~ST C~NER ~ ~ACT ~13. UNIT 6. COLDEH
ESTA~S. PLAT ~OOK 4. PACE 93, ~ENCE N 00'44'00' f A DISTANCE OF 60.00
FEET; ~ENCE 5 89~6'00' E A O~ST~CE ~ 10.00 ~EET TO ~E POINT ~
BE~HNIHG OF ~f EASEMENT HEREIN BEING DES~I~ED;
~ENCE S a9~6'00' E A DIST~CE ~ I5.00
~ENCE H ~'44'00' ~ A DISTANCE OF 55.00 FEET;
~ENCE H ~9~6'00' W A O~ST~ ~ ~5.~
~EHCE S 00'44'00' ~ A DIST~ OF I5.~
~EHCE ~ 8g~6'00' E A D~STANCE OF 20.~ FEET;
~ENCE S 00'44'00' W A DISTANCE OF 20.00 FEEt TO ~E POiNt OF
CONTAIN~,; 0.0~9 OF ~ ACRE OF LAHD MORE OR
5ECRON 36
T48S ~MPORARY
R26E
- CO~SmUCflON
~ 35.00 ~ EASEMEHT
b P.O.B.
N~ST CORNER
112 11J
NOT A SURVEY ,,
C~ C~N~, ~O~DA ~ ~Sl~ ~ ,Pm
title:
AU~ST 3. lgg5
~~U~OAC~' ~'- 3o' ~a~:
Pmfemtanel e~l~ee~, p~nne~. & ~n4 l~7~m p ~ , ,
I
4
i~ × HTnT,r· ,,~- _
~ ~ ~ ~ ~0: 00Z0812000~
' ' O~S~IP~O~ OF p~OPOS~D h~ EA~~T
5~C~ ~6. TO~SHZP ~ S~, ~GE 26 EAST, C~ COUNt,
~O~IDA, DEING ~E PAR~LY OES~I~ED AS F~O~:
CO~:ENOr~C AT ~E HOfl~ST C~NER OF ~ACT ~13. U:i[T 6, ~0~
ESTA~S, FLAT BOOK 4, PA~ 93, ~ H 00'44'00' E A DISTAH~ OF 60.00
TO ~ PO~HT ~ BE~NNING OF ~E EAS~ENT HEREIN BEING DES~I~ED:
~CE S 89~'00' E A DISTANCE ~ ~0.~
H 00'44'00' E A O~STAt~CE OF 20.00 ~ET:
~CE H ~g~'O0' W A D~STAH~ OF 20.00
~CE S 00'44'00' W A DIST~ ~ 20.~ ~ET;
~CE S 89~6'~0' E A DISTAHCE ~ ~0.~ ~ TO ~E F~HT GF ~EC~N~NG OF
T4~S
NOT A SURVEY
for: COLLIER COUHTY, FLOF~IDA Ipr°ject:
tlUe:
sKErc~ ~ D£SCRIPDOti CF ~ELL EASEUENT
H.C. RAY. T.P.
~EI I EXPANS[OI,I
,date:
,JULY 25. 1995
~cole:
I' - 30'.
~:rojc':t
no.: 70E6
904C