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Agenda 06/10/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CLERK TO BOARD 4TM FLOOR FP: 3 IND: 1 CV:0 AGENDA June 10, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 June 10, 2003 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Dr. Rupert Balfour, Golden Gate Seventh Day Adventist Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. May 13, 2003- Regular C. May 15, 2003 - Town Hall Meeting D. May 20, 2003- Workshop E. May 20, 2003 - LDC Special SERVICE AWARDS PROCLAMATIONS A. Proclamation to recognize Ken Pineau, Collier County Emergency Management Director, for his services and contributions to Collier County. PRESENTATIONS A. A report to the Board of County Commissioners on the results of an employee "Ethics Audit". (Jean Merritt, Director, Human Resources) PUBLIC PETITIONS A. Public Petition request by Mr. David A. McEIvain to discuss Vanderbilt Beach Beautification MSTU; Carroll Point Petition for removal from district boundaries. BOARD OF ZONING APPEALS ADVERTISED PUBLIC HEARINGS A. Continued from the May 27, 2003 BCC Meeting. An Ordinance of Collier County, Florida, to protect against hazards from substandard construction in public right-of-way; providing purpose and definitions; adoption of construction standards handbook; requiring permits; requiring removal of 2 June 10, 2003 offending material from right-of-way; repealing Ordinance No. 82-91, as amended by Ordinance 89-26, as amended by Ordinance 93-64; providing rule of construction of this ordinance; providing for conflict and severability, providing for penalties; providing an effective date. This item to be heard at 10:30 a.m. Approve the Goodland Water Sub-District Rate Study and adopt a Resolution increasing the Goodland Water Sub- District Rates, which is Schedule Two of Appendix A to Section Four of the Collier County Ordinance No. 2001-73, providing delayed effective dates. (Jim DeLony, Administrator, Public Utilities) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Revenue Commission. B. Appointment of members to the Livingston Road Beautification MSTU Advisory Committee. C. Appointment of member to the Collier County Citizens Corps. D. Appointment of members to the Value Adjustment Board. Continued from the May 27, 2003 BCC Meetin.q. Recommendation that the Board of County Commissioners indicate intent to renegotiate and approve a County Attorney Employment Agreement with County Attorney David W. Weigel. 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11:30 a.m. Presentation by the South Florida Water Management District regarding roads in Southern Golden Gate Estates. (Pam Mac'Kie, South Florida Water Management District) Approve Collier County's participation in the Florida Tax Amnesty Program July 1 through October 31, 2003 covering Local Option Tourist Development Taxes. (Jack Wert, Tourism Director, and Commissioner Henning) 3 June 10, 2003 C. This item not to be heard later than 1:00 p.m. Legislative update presented to the Board of County Commissioners. (Keith Arnold, Arnold and Blair) Recommendation to Adopt a Supplemental Bond Resolution authorizing the Issuance by the Collier County Water-Sewer District of its (1) Collier county Water-Sewer District Taxable Water and Sewer Refunding Revenue Bonds, Series 2003A, in the aggregate principal amount of not exceeding $15,000,000 in order to provide for the refunding of a portion of the District's outstanding Taxable Water and Sewer Refunding Revenue Bonds, Series 1994A, and (2) Collier County Water-Sewer District Water and Sewer Refunding Revenue Bonds, Series 2003B, in the aggregate principal amount of not exceeding $40,000,000 in order to provide for the refunding of a portion of the District's Outstanding Water and Sewer Refunding Revenue Bonds, Series 1994B. (Mike Smykowski, Director, Office of Management and Budget) Approve the deferral of a TDC Category "A" Grant Application for the maintenance placement of sand on Hideaway Beach in the amount of $600,000. (Joe Schmitt, Administrator, Community Development) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 4 June 10, 2003 1) Adoption of Resolution 2003- to approve a land purchasing policy for the acquisition of environmentally sensitive lands as authorized by the Conservation Collier Land Acquisition Program. 2) Adoption of Resolution 2003- to approve a target protection area mailing strategy for the Conservation Collier Land Acquisition Program. 3) Approval of Selection Committee ranking of firms for contract negotiations for RFP 03-3504 "Consultant Services for Impact Fee Studies - Emergency Medical Services". 4) Approval of Selection Committee ranking of firms for contract negotiations for RFP 03-3504 "Consultant Services for Impact Fee Studies - Government Buildings". 5) Approval of Selection Committee ranking of firms for contract negotiations for RFP 03-3504 "Consultant Services for Impact Fee Studies - Library System". 6) Request to accept an alternate security for that subdivision known as Glen Eden, Phase Two, and enter into a new construction and maintenance agreement with the new developer. 7) Approval by the Board of County Commissioners authorizing submission of the 2003 Continuum of Care Consolidated Grant Application to the United States Department of Housing and Urban Development (HUD), and authorizing the Board of County Commissioners to sign the application on behalf of the County. 8) Request to accept an alternate security for that subdivision known as Eden on the Bay, and enter into a new construction and maintenance agreement with the new developer. 9) Request to approve for recording the final plat of "Hammock Isles", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 10) To approve a budget amendment of $25,000 from current planning object code titled "Other Contractual Services" to the Community Redevelopment object code entitled "Other Contractual Services" for the expenditure of monies to prepare a mail-out ballot for dissemination to all Naples Park Property Owners. 11) Request for the Board to approve and authorize the Chairman to execute a Construction and Maintenance Agreement for Whippoorwill Lane Roadway Improvements (AR-4185) and for the Board to also approve the Performance Bond attached thereto for the Hold Harmless Indemnification Agreement. 12) Approve a budget amendment canceling or reducing TDC Category "A" Projects, in the amount of $3,213,390.84. 5 June 10, 2003 13) 14) 15) 16) 17) 18) 19) 20) Approve the deferral of a TDC Category "A" Grant Application for the renourishment and replacement of temporary T-Groins on Hideaway Beach in the amount of $4,577,000. Approve a budget amendment and TDC Category "A" Grant Application from the City of Naples for sea turtle monitoring in the amount of $7,558. Approve Tourist Development Category "A" Beach Renourishment/Maintenance Grant Applications for Fiscal Year 2003/2004 in the amount of $1,463,100. Approve a TDC Category "A" Grant Application for the renourishment of Vanderbilt, Park Shore and Naples beaches in the amount of $9,000,000. Approve a TDC Category "A" Grant Application for the renourishment of Marco South Beach in the amount of $600,000. Approve City of Naples Tourist Development Category "A" Beach Renourishment/Maintenance Grant Applications for Fiscal Year 2003/2004 in the amount of $79,756. Approve a Settlement Proposal for the compromise of a Code Enforcement lien imposed in Board of County Commissioners v. Cleveland A. and Carolyn Blocker and payment of $5,000. Community Redevelopment A.qenc¥ Board Consent Item: To approve a budget amendment of $379,046 for the expenditure of funds from Fund 187 Bayshore/Gateway Triangle Redevelopment for the Stormwater Management and Infrastructure Program in the Gateway Triangle/Stormwater Neighborhood. B. TRANSPORTATION SERVICES 1) Request Board approval of installation and landscape maintenance agreement between WCI Communities, Inc., and Collier County for beautification on SR 951; request approval of a resolution authorizing the Board to enter into a landscaping installation and maintenance highway agreement with the Florida Department of Transportation (FDOT) on behalf of WCI Communities, Inc., and approval of execution of FDOT Maintenance Agreement. 2) To enter into a purchase agreement for the acquisition of right-of-way required for the expansion of Immokalee Road between Collier Boulevard and 43rd Street Northeast. Fiscal Impact: $396,239.50. 3) Approve Selection Committee ranking of firms for contract negotiations for RFP 03-3480 "Fixed Term Professional Environmental Consulting Services" (estimated dollar amount of contract not to exceed $500,000 annually per form). 6 June 10, 2003 4) 5) 6) 7) Request Board approval of two Local Agency Program (LAP) Agreements with the Florida Department of Transportation (FDOT) and the requisite resolutions, and approve a budget amendment in the amount of $420,000 to provide additional funds for the Davis Boulevard (SR 84)/Collier Boulevard (CR-951) Intersection Improvement Project. Approve Contract Supplemental Agreement No. 4 in the amount of $830,720 for professional engineering services by Wilson Miller Inc. for the Santa Barbara/Logan Boulevard four/six-laning from Davis Boulevard to Pine Ridge Road and the four-laning of Radio Road from Santa Barbara Boulevard to east of Davis Boulevard at Robin Hood Circle, Collier County Project No. 62081. Approve a budget amendment to move $126,000 from the Transportation Road and Bridge Maintenance Operations Capital Budget to the Operating Budget for the purchase of lime rock for the remainder of the fiscal year. Approve a Resolution to allow the County Manager to enter into a Joint Project Agreement (JPA) with the Florida Department of Transportation (FDOT) to provide for the completion of Phase One of the Countywide Computerized Traffic Signal System by Collier County. C. PUBLIC UTILITIES 1) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste residential accounts wherein the County has received payment and said liens are Satisfied in Full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $24.00 to record the liens. 2) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $42.00 to record the liens. 3) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $48.00 to record the liens. 4) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $54.00 to record the liens. 7 June 10,2003 5) 6) 7) 8) 9) 10) 11) 12) 13) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $100.50 to record the liens. Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $135.00 to record the liens. Board approval of a budget amendment recognizing positive carry forward variance in the Water Pollution Control Fund (114) in the amount of $444,400. Authorization to execute and record Satisfactions for certain water and/or sewer impact fee payment agreements. Fiscal impact is $229.50 to record the Satisfactions. Approve a contract amendment, under Contract #02-3311, "Fixed Term Professional Geographic Information System Services (GIS)" for Collier County, with Wilson Miller Inc., Project 50014, in the amount of $69,600. Approve funding related to revising the Collier County Utilities Standards, Project 70202, in the amount of $26,000. Approve Work Order #UC-034 with Douglas N. Higgins, Inc., in the amount of $543,010 for construction of a 16-inch force main along Collier Boulevard (CR-951) from Summit Place to Immokalee Road (CR-846), Project Number 73086. Approve funding related to raw water booster pumping station reliability improvements, noise control, and property acquisition in the amount of $241,000. Approve the purchase of a 1.65-acre site on Immokalee Road for a wastewater master pump station at a total cost not to exceed $47,635 (Project No. 73153). D. PUBLIC SERVICES 1) Approval of a lease agreement with New York Newco Subsidiary, Inc., for the installation of a communications tower at Veterans Park for a first year's income of $35,000. 2) Approve modification to Purchase Order #103221 with J. Roland Lieber Landscape Architects for Golden Gate Community Center Expansion. 8 June 10, 2003 E. ADMINISTRATIVE SERVICES 1) Renewal of Bid No. 00-3091, "Fleet Vehicles", with Tamiami Ford Inc., for three years, at an estimated contract value of $3,600,000. 2) Approve Contract Award for RFP 03-3470 "Network Security Assessment" (Contract amount of $32,640). 3) Recommendation to award Bid No. 03-3466, Generator Repair, Maintenance and Installation, to AAA Generator, Inc., for County-wide maintenance of equipment in the estimated annual amount of $300,000. 4) Approve Contract Amendment involving Contract #02-3364, "Livingston Road from Immokalee Road to Lee County Line", to clarify the language regarding the accumulation and subsequent release of contractor retainage. 5) Recommendation to award RFP No. 03-3469, Fire Sprinkler Testing, Maintenance and Installation. (Estimated value $102,000) 6) Approval to Award Bid #03-3493 to Vanderbilt Bay Construction Inc., and to enter into a construction contract in the amount of $1,650,406 for the construction of the Grey Oaks Public Safety Facility. 7) Approve a donation between Guy L. Carlton, Collier County Tax Collector, and Collier County for real property housing the Driver's License Offices on Airport Road, the cost of which should not exceed $50. 8) Approval to award Contract #03-3448, Architectural Services, to Harvard Jolly Clees Toppe Architects, in the amount of $1,859,400, for the design of the Emergency Operations Center. 9) Approval of a Budget Amendment to the Group Health and Life Plan to fund claims payments and to maintain reserve requirements through September 30, 2003. COUNTY MANAGER 1) Approve a budget amendment transferring $45,600 from General Fund Reserves to the Emergency Management Administration Budget for Fiscal Year 2003. 2) Recommendation that the Board of County Commissioners award Bid #03-3520 in the amount of $44,800 for purchase and delivery of pine straw mulch to Forestry Resources Inc. 9 June 10,2003 3) Approval of a budget amendment to upgrade television broadcast and presentation capabilities in the Commission Chambers. (Approximate cost is $190,000) 4) Approval of a Budget Amendment Report - Budget Amendment #03-348 in the amount of $10,000; #03-349 in the amount of $3,000; and #03-350 in the amount of $10,000 to pay for water and sewer charges for the remainder of the fiscal year. AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. 2) To present to the Board of County Commissioners the State Revenue Sharing Application for Fiscal Year 2003-2004 and to obtain approval for the Chairman to sign the application. 3) New precinct boundaries and numbers to reflect Commission District Boundaries. K. COUNTY ATTORNEY 1) Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance manufacturing facilities for The March Group LLC and March, Inc. 2) Request by the Housing Finance Authority of Collier County for approval of a resolution authorizing the Authority to issue refunding bonds to be used to refinance bonds issues in 2000 for Wild Pines of Naples Phase II Apartments. 3) Approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the acquisition of Parcels 105 and 106 in the Lawsuit styled Collier County v. Faith Bible Church of 10 June 10,2003 Naples, Inc., et al., Case No. 99-2165-CA (Immokalee Road, Project No. 69101). 4) Approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the Acquisition of Parcel 102 in the Lawsuit styled Collier County v. Tree Plateau Co., Inc., et al, Case No. 03-0519-CA (Immokalee Road, Project No. 60018). 5) Authorize application for Tax Deeds for 129 County-held tax certificates and authorize notice to proceed to the Tax Collector. 6) Approve a proposed Settlement Agreement providing for Abatement of Violation and Compromise of Lien in two Code Enforcement Lien Foreclosures entitled Collier County v. Anthony J. Varano, Case Nos. 99- 4226-CA and 00-3430-CA. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVPLAT2003-AR3995 tu disclaim, renounce and vacate the County's and the Public's interest in a portion of the 20 foot wide lake maintenance easement located along the rear of Lot 2, according to the plat of "Davinci Estates" as recorded in Plat Book 35, Pages 33 through 37, Public Records of Collier County, Florida. Located in Section 21, Township 48 South, Range 26 East. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2003-AR-3730 David A. Titsch, ot' Titsch and Associates Architects, Inc., representing East Naples Fire Control District, requesting Conditional Use 11 of the "C-4" Zoning District to allow a fire station. The property is located on the southeast corner of Bayshore Drive and Jeepers Drive, further described as Lot 107, Naples Grove and Truck Company Little Farms No. 2., in Section 14, Township 50 South, Range 25 East, Collier County, Florida, consisting of 0.63+ acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 11 June 10,2003 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING June 10,2003 Item 2E: Approval of Minutes should read: May 21, 2003 LDC Special (rather than May 20, 2003). (Staff request) Move Item 16(A)13 to 10F (To be heard in coniunction with Item 10E) Also, the second para.qraph of Considerations in the Executive Summary should read: "The Coastal Advisory Committee recommended approval of $2,300,000 for the structures portion of this grant application at their meeting on May 8, 2003. The hydraulic fill portion of this project was recommended for consideration in the following budget year." (Commissioner Fiala request.) Move Item 16(A)10 to 10G: To approve a budget amendment of $25,000 from current planning obJect code titled "Other Contractual Services" to the Community Redevelopment object code entitled "Other Contractual Services" for the expenditure o f monies t o prepare a m ail-out b allot for dissemination t o a II Naples Park Property Owners. (Commissioner Halas request.) Item 16(A)20: The Board required to approve this item separately as the Community Redevelopment Agency Board. To approve a budget amendment of $379,046 for the expenditure of funds from Fund 187 BayshorelGateway Triangle Redevelopment for the Stormwater Management and Infrastructure Program in the Gateway Triangle/Stormwater Neighborhood. Item 16(B)7 should read: Approve a Resolution to allow the Chairman of the Board of County Commissioners to enter into a joint project agreement (JPA with the Florida Department of Transportation (FDOT) to provide for the completion of phase one of the County-wide computerized traffic signal system by Collier County. (Staff request.) Continue Item 16(F)2 to June 24, 2003 BCC MeetinR: Recommendation that the Board of County Commissioners award Bid #03-3520 in the amount of $44,800 for purchase and delivery of pine straw mulch to Forestry Resources, Inc. (Staff request.) Move Item 16(J)3 to 13A to be heard immediately followin.q Item 10C: New Precinct Boundaries and Numbers to reflect Commission District Boundaries. (Staff request.) Item 16(K)2: Note scrivener error on page 2, paragraph 2 of the executive summary. The reference to Cleveland Clinic is incorrect and the name Wild Pines Apartments should be in its place. (Staff request.) Continue Item 16(K)6 to June 24, 2003 BCC meeting: Approve a proposed Settlement Agreement providing for Abatement of Violation and Compromise of Lien in two Code Enforcement Lien Foreclosures entitled Collier County v. Anthony J. Varano, Case Nos. 99-4226-CA and 00-3430-CA. (Staff request.) TIME CERTAIN ITEMS Item 8B: To be heard at 10:30 a.m. Item 10A: To be heard at 11:30 a.m. Item 10C: To be heard no later than 1:00 p.m. Item 13A: To be heard immediately following Item 10C. PROCLAMATZON_ ~...WHEREA$, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, Kenneth F. Pineau began his professional career with Collier County government in 1985 when he was hired as Solid Waste Coordinator. 1986, he was named Fleet Management Director. From August 1987 through the present, Ken has been the Collier County Emer~jency Management Director; and, Ken has received accreditation as a Certified Eme~ency Manager (CEM) from the Zntemational Association of Eme~ency Management and as a FIm'idu Professional Emergency Manager (FPEM) from the Florida Emergency preparedness Association; and, Ken has assumed an effective and efficient leadership role in several Emer~jancy Operations Center (EOC) activations and ~quests for mutual aid during the past 15 yea~s. Also, he has been ~espansibie for many initiatives that have enhanced public safety and disaster preparedness throughout the countywide community, earning' him univemal ~espact in Collier County and storewide; and, Ken was awarded the;~v~r~a~'s Humficane Emer~jency Management Awa~l in 2001 which i~-agn~ h'~mt for*~r~less and unselfish efforts to improve the over~! ~*..l~par~ of, Florida and for serving as a model, to define the.~nsummot$ ~e~nergency manager"; and, Ken, before ~elocating to Naples in 1984. s~ fa~, 30 years as a weather forecaster in the United States Air ForceL: Zn addition to attending weather schools in the Air Force, he ~lseieamed a bachelor's degree in European histor7 from the University of' ~and and aftended graduate school at the University of Oklahoma where he majored in public administration; and, Kee is r~tiring e~fective ,Tune 30, 2003 from Cotlie~ County government after Serving 18 years of dedicated, loyal WHEREAS, the Board of County ~ommissionem~ the-cou~.tYi~dminist~ation and county staff, as well as the ~ol '.li~. r C, mmty~ COmmunity, do hereby recognize Ken~s NOW THEREFORE, be it proclaimec~ by the ~ of County Commissioners of Collier County. Florida. that Collier County Eme~ency Management Director Kenneth F. Pineau ~eceive recognition for his contributions to Collier County. We extend sincere appreciation and genuine gratitude for a job well done and wish Ken the best in future endeovors. DONE AND ORDERED THZS 10~ Day of Sune, 2003. BOARD OF COUN'I'Yj COMNLTSSTONERS TOM HENNZNG,' ~:HAZRM~ ~-~ ATTEST: DW'ZGHT E. BROCK, CLERK JUN 1 0 2003 ! pg. i EXECUTIVE SUMMARY A REPORT TO THE BOARD OF COUNTY COMMISSIONERS ON THE RESULTS OF AN EMPLOYEE "ETHICS AUDIT" OBJECTIVE.' Dr. Leonard Ferenz of International College will present a report to the Board of County Commissioners regarding the results of an employee "Ethics Audit" survey. CONSIDERATIONS'. On April 23, 2002 the Board of County Commissioners endorsed the idea of an employee "Ethics Audit" to be performed by Dr. Leonard Ferenz of International College. A survey instrument was subsequently developed and distributed to all County employees to complete. In addition, interviews were conducted with representatives from ten different County departments. Participants in these interviews consisted of the department director and one subordinate employee. Dr. Ferenz has completed the audit and is prepared to present the report to the Board of County Commissioners at today's meeting. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners accept the "Ethics Audit" report prepared by Dr. Leonard Ferenz. Jean Merritt, Director Human Resources APPROVED BY: ~~inistrator Administrative Services Date: Date: COl I.IFR COUNTY MANAGER'S OFFI 3301 East Tamiami Trail · Naples, FL 34112 · 239-774-8383 · Fax 239-774-4010 May 28, 2003 Mr. David A. McEivain 318 Ravine Forest Drive Lake Bluff, IL 60044 Re: Public Petition Request to Discuss Vanderbilt Beach Beautification MSTU; Carroll Point Petition for Removal from District Boundaries Dear Mr. McEIvain: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 10, 2003, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. S_i0%rely, . ~es V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Joe Schmitt, Administrator, C.D.&E.S. ~ JUN I U 2003 C o ~ ~ t y David A. McEIvain 318 Ravine Forest Drive Lake Bluff, IL 60044 dama c 19@earthlink. net Mr. James Mudd Collier County Manager 3301 Tamiami Trail E Naples, FL 34112 Dear Mr. Mudd: Subj: May 6, 2003 Vanderbilt Beach Beautification MSTU; Baker Carroll Point Petition for removal from District Boundaries This is in reference to our recent telephone conversation, on the. subject of our petition to have the Baker Carroll Point properties removed from the boundaries of the Vanderbilt Beach Beautification MSTU. The petition letter and supporting documentation, a copy of which I enclose, was delivered to the Commissioners at their scheduled meeting of April 8th. by Ms. Marilou Corrigan. The original petition signatures were left with President Henning. We now understand that the required procedure is to make a formal petition request as an agenda item at a regularly scheduled meeting. Accordingly, this is our request to be scheduled for the June 10, 2003 meeting, as early in the agenda as possible. It is our hope that with this advance information, discussion and resolution of the petition request can be achieved at the board meeting. For reference purposes, the following are the key issues involved to support our petition: · Baker Carroll Point properties consist of 10 buildings on approximately 40 acres, and about 700 condo units. The property is positioned at the northwest corner of the presently defined district, north of Bluebill Avenue, the westerly extension of Immokolee Road. · It was made known by letter of March 20t~, 2003 from the MSTU Chairman, that Baker Carroll Point, a gated community, is not eligible for MSTU project funding. Thus, we are fully eligible to contribute via ad valorum tax at an estimated level in excess of $70,000 per year, but can receive no direct benefit. The lack of fairness of such a tax speaks for itself. · Baker Carroll Point properties have and maintain sidewalks, roadways, lighting, landscaping, and speed calming devices, at our own expense. Utility lines were placed underground at the time of original development. In sum, Baker Carroll Point properties at present contribute about 10% of the MSTU district revenue, but can receive no direct benefit. Our petition for removal from the district tax jurisdiction is based upon the fundamental principle of equity and fairness. JUN 1 Additional factors relate to the representation of our interests, allocations which have been made of 2002/03 tax revenues, and taxes/allocations anticipated in the upcoming tax year for this MSTU: · The district was established in July of 2001. There was no notification of its existence to residents until a mailing in February 2003. Property tax notifications provided no clue, as all MSTU taxation is defined as a single line item. Thus, a complete taxation cycle occurred before reaction could take place. · District committee members were in place for 18 months before their identifications were even made known to taxpayers. Properties north of lmmokolee Road/Biuebill Avenue have no representation on the MSTU committee, nor have we ever been informed about openings to be filled. · $601,200 was placed in an undesignated "capital reserve" account during year one of financial operations. The record shows that for the current fiscal year, only 15 cents per tax dollar was spent for purposes enumerated in Section Three of enabling Ordinance 2001-043. · The committee has indicated its desire to fund an additional $700,000 for undefined projects from 2003/04 taxation. This amounts to over 4 of every 5 dollars of tax being collected for unspecified purposes. That practice appears to be in direct conflict with directives of the enabling ordinance, 2001-043. In sum, we request your assistance in scheduling us as an agenda item for the June 10th regular board meeting. Any guidance you might offer as far as the proper protocol or procedure would be most welcome. I can be reached at the letterhead address or e-mail address, as well as by phone toll free at 800 273-2515, pin 0318. Attachments: Petition letter to Board dated April 8, 2003 Taxpayer signed petitions VBBMSTU Chairman letter of March 20, 2003 Ordinance 2001-043 Exhibit "A" JUN 1 2B(B Advi ,o v eo., tt o 2685 Horseshoe Drive South Naples, FL 34104 March 20, 2003 Mr. David A. McElvain 3 Bluebill Ave. #701 Naples, FL 34108 Dear Mr. McElvain: Thank you for your letter of March 12, 2003 that finally reached me last night before the meeting. I appreciate your comments at the meeting and your concerns relating to the "return on investment" by the residents of Baker Carroll Point. A reading of the ordinance covering our MSTU would, unfortunately, not permit money to be spent within a gated community. I do believe that many of the other projects that we discussed last night will go far in making our community a better place to live and help maintain the value of our properties. Sidewalks on Gulf Shore Drive, traffic calming, the burial of utility lines and the creation of a master plan for our area seem to me to make good sense for all involved. You are well aware that the "jury is still out" on the beach access and turnaround. You also understand that the MSTU committee "does not have a dog in the fight" relative to this but are concerned about the aesthetics if it comes to pass. Thanks again for expressing your concerns and those of your neighbors and ask that you continue to work through your association to give us future guidance. Cc: Bob Petersen, Barbara Chesney, Cordially yours, Richard E. Lydon Chairman JUN 1 0 ~ Ordinance 2001-043 Page 2 oi'3 Exhibit Boundary 2003 http://www, clerk.collier.fl.us/scripts/LFWebLink.exe/weblink/browser.html?doc=l 1500&typ... 3/18/03 Baker Carroll Point Properties CIO Vanderbiit Towers II 3 Bluebill Avenue Naples, FL 34108 Collier County Board of Commissioners April 8, 2003 President Henning Commissioners Coletta, Coyle, Fiala, Halas 3301 Tamiami Trail E Naples, FL 34112 Re: Vanderbilt Beach Beautification MSTU Enclosed please find petitions from owners of taxable property located in the Baker Carroll Point community, requesting that the boundaries of the VBBMSTU be redefined to exclude all of Baker Carroll Point. The reasoning supporting this request is stated in the petition, and summarized below. Baker Carroll Point is located at the Northwest sector of the MSTU. It consists of about 40 acres, 10 buildings, and approximately 700 condo units. The community is unique, in that our gated property has no frontage on any road that can benefit fi.om MSTU projects. It is estimated that the properties contributed, through ad valorem tax assessment, approximately $70,000 in the 2002 tax year to the VBBMSTU. It has recently been confirmed by Mr. Richard Lydon, Chair of the VBBMSTU Advisory Committee, that none of the tax funds appropriated from this levy can be expended for projects within our property boundaries, because we are a private, gated community. We have our own system of streets and street lighting, and maintain our own landscaping, without taxpayer support. We are placed in the unprecedented circumstance of being taxed for a service we cannot receive. It has been stated that we would indirectly benefit from the improved ambience of expanded sidewalks, lighting and landscaping, perhaps even underground utility lines, in adjoining neighborhoods. With all due respect, that makes no more sense than paying a tax for fire protection, but having the firefighting or EMS service undeliverable to our community. Examine every line item in our respective property tax bills, and we do, or can, directly benefit from each tax --- except the VBBMSTU !! We believe it is only fair and equitable for the boundaries defined in Collier County Statute 2001-043 to be redrawn, excluding Baker Carroll Point. Imposition of a tax fi.om which we are, by statute, precluded fi.om benefit, is in direct contradiction with the fundamental principles of our nation's taxation concept. It is most sincerely our wish that this matter be addressed and resolved on the merits of the reasoning we have set forth, and the expressed wishes of the property owners. None of us had any voice in the formation of the tax unit. There was no notification that it had occurred until a xnailing was received this March, announcing a VBBMSTU Advisory Committee meeting,,,,,. '"~,°'n JUN ! 0 20C3 March 19th. At least one vacancy on the committee has been filled without any notice nor invitation to participate in the process. We further request to be advised of the date when this matter will be addressed as an agenda item at a forthcoming Collier County Board of Commissioners scheduled meeting. Respectfully submitted, President, Vanderbilt Towers I President, Vanderbilt Towers III Pres~fi~erbilt lowers II President, Surf Colony I President, Surf Colony II Taxpayer petitions (President Henning only) Chairman Lydon letter of March 20, 2003 Presideng, Surf Colony III Presfdent, Bay Point I & II Collier County Statute 2001-043 Exhibit A - VBBMSTU Boundaries . O~ , PETITION Wc, the undersigned property owners of Baker,Carroll Point (BCP) condominiums, hereby petition the Collier County Board of C~mmissioners to redefine the ' boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance '2001-43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services ' for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private. ~ated community. The tax action taken is therefore patently unfair on its face, and very likely illegaL By definition, we sro precluded from the benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address ~,,~~__~ .._~.~ ....... /~__~-~5.4~ -~--~-~. ,~ i ~ ~' .' '"~ - /~:",.."' ~ ........l .... ~J ....... ~, ,~ ,..~ ,, _. ,., ...... '_!_ ...... 7_/__. ..... - ,~... _ i/ ...... ~ - --: ..... "~. -" PETITION We, the undersigned property owners of Baker.Carroll Point (BCP) condominiums, hereby petition the Collier County.Board of C~mmissioners to redefine the boundaries of the vanderbilt Beach Beautification MSTU, created by Ordinance '2001-43. An ad valorum tax of $.50 per $I000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services ' for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewal/cs, can be provided for our BCP properties because we are a private~ gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address _~_ ~ ,.. ~ ..... ~ ~~ ~ ~ ~ 7 ~;~-' ' ..... ... .... We, the undersigned property owners of Ba~er~.Carroll Point (BCP) condominiums, hereby petition the Collier County.Board o(Commissioners to redefine the boundaries of the Vinderbilt Bea.ch Beauti.fi~ation MSTU, created by Ordinance '2001-43. An ad valorum tax of $.50 per $1000' was approved in September 2002, resulting in an estimated $?0,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services ' for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, side,~all~, can be provided for our BCP properties because we are a private, Rated ~ommuni~. · The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll point. Name BCP Address d----'~'~/~:~-4/t ~- PIgTITION We, the undersigned property owners of Bn~er~.Carroll Point (BCP) cond. ominiums, hereby petition the Collier County .Board of Commissioners to redefine the boundaries of the Vanderbilt Bea.eh Beaut!fi~ation MSTU, created by Ordinance '2001-43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services ' for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, Rated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address JUN I PETITION We, the undersigned property owners of Ba.ker.Carroll Point (BCP) condominiums, hereby petition the Collier County.Board of C~mmissioners to redefine the boundaries of the vanderbilt Beach Beautification MSTU, created by Ordinance 2001-43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none, of the services ' for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private~ eared community.. The tax action taken is therefore patently unfair on its face, and very likely illegal By definition, we are precluded from the benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. /'~ Name BCP Address D I"IZ 1'11 lull{ We, the undersigned property owners of Ba~er.Carroil Point (BCP) condominiums, hereby petition the Collier CountyBoard of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance '2001-43. Aa ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services ' for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalAs, can be provided for our BCP properties because we are a orivate, gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address ......... ............ :: ................ .: .......... PETITION_ We, the undersigned'property owners of Ba.ker..Carr°Il Point (BCP) condominiums, hereby petition the Collier County.Board of C~mmissioners to redefine the boundaries of the vanderbilt Bea.ch Beauti,fic. ati°n MSTU, created by Ordinance '2001-43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none, of the services ' for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, 'can be provided for our BCP properties because we are a orivate, Rated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude, Baker Carroll Point. JUN 1 2003 PETITION We, the undersigned property owners of Bak~er~.Carroll Point (BCP) condominiums, hereby petition the Collier County.Board of Commissioners to redefine the boundaries of the Vanderbilt Bea. ch Beauti.fication MSTU, created by Ordinance '2001-43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services ' for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private~ gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address ' PETITION_ '~ " ' -,- o.~bor.Carroll point (BCP) cond_ommmms, he~'eby petition the Comer t~oun~.~,,,"'" created by Ordinance boundaries of the Vanderbilt Beach Beautification ~STU, "200143. ~ ad valorem tax of $.50 per $1000Was approved in September 2002, resulting in an estimated $70,000 le~ on Baker Ca~oB Point prope~ies last year. The Chaiman of the AdvisoU Committee has ac~owledged that ~ of the se~iees ' for which said MSTU was estab~shed, namely curbing, watering, landscaping, traffic calming, s~eet lighting, sidewalks, can be provided for our BCP prope~ies because we are a ~fivate, ~ated communi~- The tax action taken is therefore Patent~ unfair on its face, and ve~ ~ke~ illegal. By de~ition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be effective no later than the cu~ent tax year, to redefine the boundaries of the said MSTU to exclude Baker Ca,oH Point. BCP Address PETITION We, the undersigned'property owners of Ba~er, .Carroll Point (BCP) condominiums, hereby petition the Collier CountyBoard of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance '2001--43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none. of the services ' for which said MSTU was established, namely curbing, ~vatering, landscaping, traffic calming, street lighting, side~valks, 'can be provided for our BCP properties because we are a private~ Rated community. The tax action taken is therefore patently unfair on its face, and very likely illegal By definition, we are precluded from the'benefits for which the MSTU was created. We therefOre request your action, to be"effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address ............... L~ /$z.~:z~ ...... ~.~:_::.?~?,-~.~,,~. .... ..... ............. ........ ........................ JUN...l pETITION We, the undersigned'property owners of Ba.ker. Garroll Point (BCP) condominiums, hereby petition the Collier County.Board of C~mmissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance '2001-43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services ' for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, sated communi .ty.. The tax action taken is therefore patently unfair on its face, and very likely illegal By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be"effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. BCP Address ' PETITION We, the undersigned 'property owner~ of Ba.ker, carroll Point (BCP) condominiums, hereby petition the Collier County.Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance '2001-43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services ' for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks,'can be provided for our BCP properties because we are a private~ gated community. The t~x action taken is therefore patently unfair on its face, and very likely illegal By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to he"effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address JUN lU 2003 , PETITION ~ c? ~l We, the undersigned'property owners of Baker Carroll Point (BCP) condominiums, hereby petition the Collier County.Board of'C~mmissioners to redefine the ' boundaries of the Vanderbilt Beach Beauti.fic. ati°n MSTU, created by Ordinance '2001-43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none, of the services ' for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private~ ~ated communit3~. The' tax action taken is therefore patently unfair on its face, and very likely illegal By definition, we are precluded from the'benefits for which the MSTU was created. We therefOre request your action, to be'effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address ;~.. ..................................... ~. ~ ," / ,,',' ----,. ,~ ..~' ,.,,-' t i,- '%4/~ ~ ~' ,.i,. , .... ' ,-~ .><>;.~.~,',.~_~, ..-'-:'"'._ .,'.'..'..~ ....... '-.-:-'].'.-"..-.> " (/fM) <.." ~ ,'/,,// ~ -~a :-'? ,-,'"~ '.-_ ,~.~ . * .,--':-.--'-..---. .......... / . / _ . PETITION We, the undersigned'property ownerx of Ba .ker..CarrOll Point (BCP) condominiums, hereby petition the Collier County.Board of C~mmissioners to redefine the boundaries of the Vfinderbilt Beach Beautification MSTU, created by Ordinance '2001-43. An ad valorum tax of $.$0 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services ' for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks; can be provided for our BCP properties because we are a private, ~ated community. The tax action taken is therefore patently unfair on its face, and very likely illegal- By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be'effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address · ~ ~.~ /~ ~ ~ ~..,?. _ _~..~ ~. ........... ............. JUN 1 0 2003 PETITION We, the undersigned'property owners of Ba.ker Carroll Point (BCP) condominiums, hereby petition the Collier County.Board of C~mmissioners to redefine thc boundaries of the V~nderbilt Bea.ch.Beauti.fic.ati°n MSTU, created by Ordinance '2001-43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properti~ last year. The Chairman of the Advisory Committee has acknowledged that non_e of the services' for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private. ~ated communi~. The tax action taken is therefore patently unfair on its face, and very likely illegal By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be'effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. BCP Address .... . ...... ×-.~ ' /. _. .~. . .. /. ~_~_ .~d. ~'-'~l' ~ ..................... ~. . -- , . ~ ...... / / × .... We, the undersigned'property owners of Ba.ker. ,Carroll Point (BCP) condominiums, hereby petition the Collier County. Board of C~mmissioners to redefine the boundaries of the vanderbilt Bea.ch.Beautificati°n MSTU, created by Ordinance - '2001-43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services ' for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private~ ~ated community. The' tax action taken is therefore patently unfair on its face, and very likely illegal By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be'effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude, Baker Carroll Point. Name BCP Address ... ~;: .. · · ' PETITION We, the undersigned'property owners of Ba .15;er.Carroll Point (BCP) condominiums, hereby petition the Collier County.Board of C~mmissioners to redefine the ' boundaries of the Vanderbilt Bea.eh Beauti.fie.ati°n MSTU, created by Ordinance '2001-43. An ad valorum tax of $.$0 per $1000 was approved in September 2002, resulting in an estimated $'/0,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services ' for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, $idewalk$i can be provided for our BCP properties because we are a private. Rated eommuni~. The tax action taken is therefore paten'tly unfair on its faee~ and very likely illegal By definition, we are precluded from the benefits for which the MSTU was created. We therefore request your aetion~ to be'effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. N_ame BCP Address, JUN 1 L,, 2~,g3 PETITION We, the undersigned'property owners of Ba~er,Carroll Point (BCP) condominiums, hereby petition the Collier County Board of C~mmissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance '2001-43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that. no_.~.gne of the services ' for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalkv, can be provided for our BCP properties because we are a private~ gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precludeO from the'benefiis for which the MSTU was created. We therefOre request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to excludg Baker Carroll Point. ~-~ BCP Address N_Name . ., ,, _/~-~--= :. _- - /./ ? ~ /' / ~. dd ._. - .... .. _ ..... · "~' ~~_~.~~--~-'-- ................... ' ...... - PETITION_ We, the undersigned property owners of Bak~er.Carroll Point (BCP) condominiums, hereby petition the Collier County.Board of C~mmissioners to redefine the boundaries of the Vanderbilt Beach Bcauti.fic. ation MSTU, created by Ordinance '2001-43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 lew on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services ' for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalhs, 'can be provided for our BCP properties because we are a private, gated community. The tax action taken is therefore paten'tly unfair on its face, and very likely illegal. By definition, we are precluded from the benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to -exclude_ Baker Carroll Point. Name BCP Address ~_~_~ ',,; _~ ..... -- ~. . ~. ._ .~ i ________ PETITION We, the undersigned'property owners of Ba.ker.Carroll Point (BCP) condominiums, hereby petition the Collier County.Board of C~mmissioners to redefine the boundaries of the Vanderblit Beach Beauti.ficati°n MSTU, created by Ordinance '2001-43. An ad valorum tax of $.50 per $1000' was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none. of the services ' for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. ./-'"'"'-"~ BCP Address .............. '.:._ _~ ......~_.. l u ~_ bt../I ........ ~ : :,_~_,, ........... ~_,_c_ ~. c .:_(. _: ?_ _:_ _ z?_ ..... :: ................ PETITION We, the undersigned'property owners of Bake~,Carroll Point (BCP) condominiums, hereby petition.the Collier County.Board of'commissioners to redefine the · boundaries of the Vanderbiit Bea. ch Beautification MSTU, created by Ordinance '2001-43. ad valorum tax of $!50;/Per $1000 was approved in September 2002,. resulting in ' a~fi estimati~d $70,000 levy'on Baker Carroll Point properties last year. The 'Chairman of the Advisory Committee has acknowledged that none, of the ~ ~,rvices ' for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private~ gated community. i Th.e tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the benefits for which the MSTU was created. ~ We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude. Baker Carroll Point. Name BCP Address ...... JUN 1 [I 7.1)1)3 PETITION We, the undersigned'property owners of Ba~er,Carroll Point (BCP) condominiums, hereby petition.the Collier County.Board of C~mmissioners to redefine the boundaries-of the Vanderbilt Ben. ch Beautification MSTU, created by Ordinance '2001-43. An ad valorum tax of $.50JPer $1000' was approved in September 2002,. resulting in · :~fi estimated $70,000 levy on Baker Carroll Point properties last year. The ~ Chairman of the Advisory Committee has acknowledged that none of the services ' for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewaiks, can be provided for our BCP properties because we are a privat% gated communi .ty. The tax action taken is therefore patently unfair on its face, and very likely illegal. ' By definition, we are precluded from the'benefits for which the MSTU was created. ' We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Addre~ss · ' PETITION We, the undersigned'property owner~ of Ba~er~ ,Carroll Point (BCP) condominiums, hereby petition the Collier Count~.Board of Commissionem to redefine the boundaries of the Vanderbilt Beach Beanti.fication MSTU, created by Ordinance '200143. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none, of the services ' for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewall;s, ~an be provided for our BCP properties because we are a private~ gated communi .ry. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address ~ ~'--C~--~'~-~"'" ~ PETITION We, the undersigned property owners of Ba.ker~.Carroll Point (BCP) condominiums, hereby petition the Collier CountyBoard of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance '2001-43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services ' for which said MSTU was established, namely curbing, ~vatering, landscaping, traffic calming, street lighting, sidewalks; can be provided for our BCP properties because we are a private, gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. N a me ~_~/..~_ B C_...__p_P Ad d res___.___~s EXECUTIVE SUMMARY AN ORDINANCE OF COLLIER COUNTY, FLORIDA, TO PROTECT AGAINST HAZARDS FROM SUBSTANDARD CONSTRUCTION IN PUBLIC RIGHT-OF-WAY; PROVIDING PURPOSE AND DEFINITIONS; ADOPTION OF CONSTRUCTION STANDARDS HANDBOOK; REQUIRING PERMITS; REQLqRING REMOVAL OF OFFENDING MATERIAL FROM RIGHT-OF-WAY; REPEALING ORDINANCE NO. 82-91, AS AMENDED BY ORDINANCE 89-26, AS AMENDED BY ORDINANCE 93-64; PROVIDING RULE OF CONSTRUCTION OF THIS ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE. OBJECTIVE: To request the Board adopt an ordinance to repeal and replace Ordinance 82-91, as amended by Ordinance 89-26, and Ordinance 93-64, which adopted and revised the construction within the Right-of-way Standards Handbook, and to obtain Board approval to adopt a revised Construction within the Right-of-way Standards Handbook ("Handbook"). CONSIDERATION: In 1977, the County first enacted a set of standards for work within County right- of-way (ROW). The original Ordinance (77-29) was rescinded and superseded in 1982 by Ordinance 82- 91, and further revised by Ordinance 89-26 in 1989 and Ordinance 93-64 in 1993. The essence of these standards was to provide for consistency and quality of workmanship for all materials and construction activities within County right-of-way. A procedure for issuing permits for any such work was established along with standard requirements for site plans and inspections. This proposed Ordinance and the accompanying Handbook is intended to repeal and replace the 1993 Ordinance and Handbook, and thereby to provide for up-to-date methods and materials for work activities within County right-of-way. The following paragraphs enumerate the most significant changes, additions, and deletions to the 1993 Ordinance and Handbook: · Revisions to Ordinance 93-64 1. The responsibility of right-of-way permit issuance and inspection (work in the ROW) has been transferred from Community Development and Environmental Services to Transportation Operations. 2. The responsibility of making any deviations to any rule has been changed from the County Engineer to the Transportation Operations Department Director. 3. Section Two: The removal of offending material has been changed from "offending material without Permit" to "offending material with or without permit." 4. Section Four: Item D has b, en added which requires Utility Companies to inform the residents in the vicinity of upcoming activities prior to obtaining their ROW Permits. 5. Section Nine: The penalty for violating this ordinance has been increased from $500 to $1,000. Revisions to the Handbook 1. Addition of Directional Bore as a mett Executive Summary REvised Right-of-Way Handbook Page 2 2. Upgrading the dates of all the guidelines and references to the latest editions. 3. Removal of Drainage chapter from Section IV (Landscape) and its incorporation into Section m (Design requirements) for consistency. 4. Sectiop II, B.2., minimum depth of jack & bore has been increased from 24" to 36". 5. Section 11, B.5., all open cuts on major collectors and arterials will be restored by means of flowable fill application as per detail provided in the Handbook. 6. Section II, G., inclusion of restricted lane closure hours to promote better traffic flow during peak traffic (rush) hours. Section III, C., all Type II Asphalt has been replaced with Type "S" Asphalt. No pavement design less than 11/2'' of asphalt is acceptable for any type of construction. Commercial drives shall have a minimum of 2" of Type "S" Asphalt. Minimum thickness for concrete drives shall be 6". 8. Section III, D., minimum throat length remains 50' except in alleys where 30' throat length will be considered. 9. Section IH, F., special considerations/requirements for Immokalee have been eliminated. 10. Section III, F., minimum acceptable culvert size is increased from 12" in diameter to 15" in diameter. (~SCAL IMPACT: There will be no direct budgetary impact as a result of the adoption of the proposed Ordinance and Handbook; however, the County and the public in general will recognize long-term benefits of improved construction methods and materials. GROWTH MANAGEMENT IMPACT: The proposed Ordinance and Handbook will provide for more consistent and up-to-date construction methods and materials for work within the County right-of way. RECOMMENDATION: That the Board of County Com~nissioners adopt a new Ordinance and Right- of-way Construction Standards Handbook, which will rescind and supersede Ordinances 82-91, 89-26, and 93-64, along with the 1993 Right-of-way Construction Standards Handbook. Mitch ~Ie~,/,PE, ,Ob""~P&I ~e~r~r~sportation Operations Department REVmWF_~ BY: Edw~ ~}{ant, p~(?~/q~tion~perations r~irector No~ Feder, AICP, Trax~sportation Services Administrator Attachments: No. 1 - Ordi, 'race 93-64 (indicating revisions) No. 2 - Prol~osed Ordinance (already approved f 2003 ..L. ORDINANCE NO. 2003- ~ ~ AN ORDINANCE OF COLLIER COUNTY, FLORIDA, TO 4 PROTECT AGAINST HAZARDS FROM SUBSTANDARD 5 CONSTRUCTION IN PUBLIC RIGHTS-OF-WAY; PROVIDING 6 PURPOSE AND DEFINITIONS; ADOPTION OF CONSTRUCTION 7 STANDARDS HANDBOOK; REQUIRING PERMITS; REQUIRING 8 REMOVAL OF OFFENDING MATERIAL FROM RIGHT-OF-WAY; 9 REPEALING ORDINANCE NO, 82-91, AS AMENDED BY ]0 ORDINANCE 89-26; AS AMENDED BY ORDINANCE 93-64; 1! PROVIDING RULE OF CONSTRUCTION OF THIS ORDINANCE; ]2 REPEALING ORDINANCES 89-26 AND 93-64; PROVIDING FOR 13 CONFLICT AND SEVERABILITY, PROVIDING FOR PENALTIES; 14 PROVIDING AN EFFECTIVE DATE. [O WHEREAS, In 1977, Collier County first established a set of standards to t7 regulate and require consistency and quality of workmanship and materials for !8 construction activities within County right-of-way, which standards were updated in 19 1982, 1989, and in 1993; and _.!0 WHEREAS, it is appropriate to further revise and up-date the right-of-way 2! construction standards through the adoption of a new edition of the Collier County 22 Construction Standards Handbook. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 24 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 25 SECTION ONE: PURPOSE. 20 This Ordinance is to protect the public against hazards resulting from private 27 construction in the public right-of-way, and to protect the structural and physical integrity 28 of Collier County-owned or Collier County-controlled public road right-of-way facilities 29 and materials including and not limited to roads, soils, bridges, and/or drainage facilities. 30 SECTION TWO: DEFINITIONS. 3! For the purpose of this Ordinance, the following words shall have the prescribed 3~_ meanings. 33 County: Means the Transportation Services Division of CoIF ~.r County, the 34 Collier County Community Development and Environmental Services Division, and any 35 other Division or Department of Collier County needed to assist the said Transportation 36 Services Division and/or the said Community Development and Environmental Services Division in enforcement of this Ordinance. AGENDA No. JUN 1 0 2003 Page 1 of 7 AG E N_D.~a~, M T .(2003 Pg. ..~ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Existinq Facility: Means any construction, excavation, obstruction, hole, or other change to the then existing structure and/or compaction of soil in any public right-of-way commenced prior to the adoption of this Ordinance, for which a Collier County right-of- way construction permit has not been granted. Offendinq Material: Means any object placed, constructed, or grown in any public right-of-way with or without a Collier County permit and that may endanger any person, damage the right-of-way, restrict existing or planned drainage, or impair normal maintenance. Responsible Person: Means the individual, person, firm, private or governmental entity, corporation, association, department or authority under whose control, authorization, or direction any offending material has been placed, constructed or grown in any Collier County right-of-way, including any right-of-way under such control of Collier County. Whenever the true identity of any such responsible person remains unknown after diligent inquiry, "Responsible Person" shall then include all owners of the fee title to the real property upon or over which the offending material has been placed. SECTION THREE: ADOPTION OF HANDBOOK. The 2003 version of the "Construction Standards Handbook for Work within the Public right-of-way, Collier County, Florida" (the "Handbook") is incorporated herein by reference and is made a part hereof, and which supercedes any prior Handbook in all respects for all right-of-way permits applied for on or after the effective date of this Ordinance. Changes may be made to the Handbook by resolutions adopted by the Board of County Commissioners. SECTION FOUR: PERMITS. A. It shall be unlawful for any Responsible Person to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use n Collier County, including any public right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work from the Collier County Transportation Operations Department as specified herein or in the Handbook. AGENDA I T~I~. _ JUN 1 0 2003 Page 2 of 7 Pg. ~ -L B. Application for each permit shall be made on forms provided by Collier County. Such application shall include, the following information: 3 4 5 6 7 8 9 I0 11 12 13 14 15 2. 3. 4. 5. The precise physical location of the construction. The type of facility to be constructed. The method of construction to be used. The expected time schedule for completion of construction. Sketches and drawings in duplicate to completely depict the nature of the proposed construction. All other information required in the Handbook. Additional information as may reasonably be required by Collier County due to unique conditions of the project or the permit requested. That is to mean, for instance, a lane closure permit differs significantly from an overweight or oversize permit. The permittee shall be responsible for all conditions of the permit and to 16 pay the applicable permit fee then established by resolution of the Board of County 17 Commissioners (the Board). 18 D. All utility companies shall contact the propert{/owners within 300' of their 19 proposed project and inform them of the forthcoming construction activities and its 20. duration. Prior to the issuance of any Right-of-way Permit, the applicant shall provide 21 evidence of such notification with the permit application. E. The Collier County Transportation Operations Department may take any 23 of the following actions on a Permit Application: 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Approve the Permit based on the Application as submitted. Deny the Permit based on insufficient information or site-specific information and data inconsistent with the requirements of the Handbook and/or the Collier County Land Development Code (LDC). Issue a Notice of Intent to Issue a Permit valid for up to one year, based on the Applicant's proposed time frame for construction within the right-of-way. If work will not begin within thirty (30) calendar days of the date on which a permit would otherwise be issued, then such Notice of Intent shall be issued in lieu of the actual Permit. Upon reactivation of the Permit Application by the applicant, the Transportation Operations Department will review the Application to assure that no conditions have changed and either issue the Permit or revise any site-specific stipulations to the Permit prior to issuance. If the Collier County Transportation Operations Department denies the 39 issuance of such a permit, the applicant may appeal the denial by filing a written notice 40 of appeal with the Board (with a copy to the County Clerk), not later than ten (10) 4! working days after the effective date of the notice of denial. The Board will hear the 42 appeal within ninety (90) days from the date of the written notice of appeal at a regularly scheduled Board meeting. The appellant may appear before the Board, the decision of 44 the Board shall be final. Page 3 of 7 AGENDa, !~E~ JUN 1 O 2.003 Pg. _.~ ! G. No permit shall be issued unless the proposed construction conforms to the then current edition of the following referenced publications. In the case of conflict 3 or inconsistency, the more restrictive rule shall apply. 4 1. 5 2. 6 7 8 9 10 3. 11 12 4. 13 5. 14 15 16 The Handbook. Construction methods or specifications contained in Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, and the most current FDOT Road Design Standards, Construction, Maintenance and Utility Operations on the State Highway System. The most current FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways. Collier County Land Development Code (LDC). Collier County Maintenance of Traffic Policy (CMA Instruction 5807, latest revision). If standards for the proposed construction are not contained in these 17 references, the Collier County Community Development and Environmental Services 18 Division and/or Transportation Operations Department may impose additional 19 conditions and/or stipulations, including as to sidewalks/bikeways, traffic control 20 devices, and roadway improvements as part of the permit for the proposed construction. 21 H. All work performed under any Collier County Permit shall be at the 22 expense of the permittee and at no expense to Collier County. 23 I. The Collier County Transportation Operations Department may suspend 24 or revoke a permit whenever any stipulation and/or condition of the permit is not being 25 fully and promptly complied with, or when deemed essential by Collier County to protect 26 the physical safety of the public. 27 SECTION FIVE: REMOVAL OF OFFENDING MATERIAl . 28 Offending material is a public nuisance and is subject to removal by Collier 29 County as follows: 30 A. Upon becoming aware of the presence of offending material, Collier 31 County shall attempt to notify any Responsible Person by certified mail, return receipt 32 requested, or other actual notice of the obligation to remove the offending material not 33 more than thirty (30) days after receipt of such notice. 34 35 36 B. After expiration of the thirty (30) day grace period, Collier County may cause any then remaining offending material to be removed and be disposed of in a reasonable manner at the expense of the Responsible Person. Page 4 of 7 JUN 1 0 2003 /- Pg. o AGENDA _L] c. If emergency removal is decided to be necessary to protect the physical safety of the traveling public and/or to protect public property, the offending material 3 may be removed without any attempt to provide notice to any Responsible Person or 4 persons. 5 D. After removing the offending material and after notifying any Responsible 6 Person (by such certified mail or other actual written notice), the Code Enforcement 7 Section of the Collier County Community Development and Environmental Services $ Division shall certify to the Collier County Finance Director the expense incurred in 9 remedying the condition and thereupon such expense shall be due and payable in full 10 within thirty (30) days, after which a special assessment lien will be made upon the ! ! property of the Responsible Person, which shall be due and payable in full with interest 12 at the rate of eleven percent (11%) per annum from the date of such lien certification 13 until paid. Such lien shall be enforceable in the same manner as a tax lien in favor of ]4 Collier County and may be satisfied at any time by payment thereof including accrued 15 interest. Notice of such lien shall be filed in the Office of the Clerk of the Circuit Court and shall be recorded in the Public Records of Collier County. ]? E. If any Responsible Person believes that such expense certified to the ]$ Collier County Finance Director for removal of the offending material is excessive, he 19 may appeal the amount assessed by filing a written notice of appeal with the Board, 20 with a copy to the County Clerk, within ten (10) working days after receipt of the notice 2] of the expense. The Board should hear the appeal at its next convenient regularly 22 scheduled meeting. The appellant may appear before the Board. The decision of the 23 Board shall be final. 24 F. The Collier County Tax Collector should keep complete records relating to 25 the amount payable for liens, as described in Paragraph "D", above, and the amounts of 26 such liens should be included in tax statements thereafter submitted to the owner(s) of 27 28 29 lands subject to such liens. SECTION SIX: REPEAL OF ORDINANCE NOS. 82-91,89-26 and 93-64. Ordinances 82-91, 89-26, and 93-64 are hereby repealed in their entirety. AGENDA IT. EM JUN I 0 2003 Page 5 of 7 Pg. ~ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O SECTION SEVEN: RULE OF CONSTRUCTION OF THIS ORDINANCE. This Ordinance is cumulative and in addition to any other applicable Collier County ordinance, rule or regulation. When construction is within the boundaries of any municipality, any applicable ordinance, rule or regulation of that municipal corporation shall also apply. SECTION EIGHT: CONFLICT AND SEVERABILITY. In the event this Ordinance should ever conflict with any other ordinance of Collier County, or applicable ordinance of any municipality, or other applicable law, rule or regulation, the more restrictive shall apply. If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remainder of this Ordinance. SECTION NINE: PENALTIES. A. A violation of this Ordinance is a civil violation. If any person, firm, corporation, or any other entity having legal status, whether public or private, shall fail or refuse to obey or comply with any provision(s) of this Ordinance, upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000.00) in the discretion of the court. Each day of violation or non-compliance may be considered as a separate and distinct violation. In addition, any person, firm, corporation or other entity convicted of violating any provision of this Ordinance shall pay all costs and expenses involved in the case. B. Nothing herein contained shall prevent or restrict Collier County from taking such other lawful action in any court or competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief and an action at law for damages. C. Nothing in this Ordinance shall be construed to prohibit Collier County from prosecuting any violation of this Ordinance by means of a Code Enforcement B°ard established pursuant t° the auth°rity °f Chapter 162' FI irid~oSt$iL:ll~l~D~ I,~){EM. ~ J UN 1 0 2003 Page 6 of 7 pg (~ D. All remedies and penalties provided for in this Ordinance shall be cumulative and independently available to Collier County, which is authorized to pursue any and all remedies set forth in this Ordinance or otherwise lawful. SECTION TEN: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2003. 9 I0 11 12 13 14 15 16 17 18 19 2O 21 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By:. Approved as to form and legal sufficiency: sCC~eline Hubbard Robinson sistant County Attorney TOM HENNING, Chairman Page 7 of 7 AGENDA ITEM No. A JUN 1 0 2003 C~ pg. ORDINANCE NO. 2003:~3-64 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, TO PROTECT AGAINST HAZARDS FROM SUBSTANDARD CONSTRUCTION IN PUBLIC RIGHTS-OF-WAY; PROVIDING PURPOSE AND DEFINITIONS; ADOPTION OF CONSTRUCTION STANDARDS HANDBOOK; REQUIRING PERMITS; REQUIRING REMOVAL OF OFFENDING MATERIAL FROM RIGHTS-OF-WAY; REPEALING ORDINANCE NO. 82-91, AS AMENDED BY ORDINANCE 89-26; AS AMENDED BY ORDINANCE 93-64; PROVIDING RULE OF CONSTRUCTION OF THIS ORDINANCE; REPEALING ORDINANCES 89-26 AND 93-64; PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1977, Collier County first established a set of standards to regulate and require consistency and quality of workmanship and materials for construction activities within County rights-of-way, which standards were up-dated in 1982. 1989, and in 19931989; and WHEREAS, it is appropriate to further revise and up-date the rights-of-way construction standards through the adoption of a new edition of the Collier County Construction Standards Handbook. NOW, THEREFORE, BE It ORDAINED BY THE BOARD Of COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: PURPOSE. This Ordinance is to protect the public against hazards resulting from private construction in the public rights-of-way~ and to protect the structural and physical integrity of Collier County-owned or Collier County-controlled public road rights-of-way facilities and materials including and not limited to roads, soils, bridges, and/or drainage facilities. SECTION TWO: DEFINITIONS. For the purpose of this Ordinance, the following words shall have the prescribed Page 1 of 7 Words underlined are added; words struck meanings. County.: Means the Transportation Services Division of Collier County, the Collier County Community Development and Environmental Services Division Dcv3!cpmc,",t Sc,'-;iccs Dcpc.-t, mcnt, and any other Division or Department of Collier County needed to assist the said Transportation Services Division and/or the said Community Development and Environmental Services Divisi, :.-, Do'-'?!~?'''~''* ~"'~"'~ Depactmem in enforcement of this Ordinance. NoAGEND~:{IT~tM JUN 1 0 2003 pg i AGI:NDA ITE~M PgX Existin,q Facility: Means any construction, excavation, obstruction, hole, or other change to the then existing structure and/or compaction of soil in any public rights-of- way commenced prior to the adoption of this Ordinance, for which a Collier County right-of-way construction permit has not been granted. Offendinq Material: Means any object placed, constructed, or grown in any public right-of-way with or without a Collier County permit and that may endanger any person, damage the right-of-way, restrict existing or planned drainage, or impair normal maintenance. Offending "*~*~';~ '~ ..... * ;-,-',,,~ any .... ~. ,.~.j~, ~,~ .... , .... or grown, which ~"' .... *" a,n approved Ccun.~! right "* ...... landscaping inc!uding .... ~..~,,~.~. plan, ~ .... ,~.., .~ ~-..,.~, r- .... ...................... = ......... ap~ro'.'cd ~'~'~' plans and specifications. Responsible Person: Means the individual, person, firm, private or governmental entity, corporation, association, department or authority under whose control, authorization, or direction any offending material has been placed, constructed or grown in any Collier County right-of-way, including any right-of-way under such control of Collier County. Whenever the true identity of any such responsible person remains unknown after diligent inquiry, "P, responsible P_person" shall then include all owners of the fee title to the real property upon or over which the offending material has been placed. SECTION THREE: ADOPTION OF HANDBOOK. The 2003 version of the "Construction Standards Handbook for Work W__within the Public Rights-of-way, Collier County, Florida" (the "Handbook") is incorporated herein by reference and is made a part hereof, and which supersedes any prior Handbook in all respects for all ri,qh-of-way permits applied for on or after the effective date of this Ordinance· Chan.qes may be made to the Handbook by resolutions adopted by the Board of County Commissioners. c~""~"+;''" ~ a T.~-.I~ m~¢ /'"m~+~.+e thi,,~x~ .iv/'~ mop~ ~- ~" right ~ .... y .... ~+~ applied ~- Coun~; Commissioners. SECTION FOUR: PERMITS. A. It shall be unlawful for any Responsible Person to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use in Collier County, including any public right-of-way maintained by Collier County within the Page 2 of 7 Words underlined are added; words st,"-'ck thrc'-'.3h are deleted. No.AG?/~ITEM JUN 1 O 2003 AGENDA ITEM B. Application for each permit shall be made on forms provided by Collier County. Such application shall include, b'--'t ncr nssessar!!y bs !!mired tc, the following information: 2. 3. 4. 5. The precise physical location of the construction. The type of facility to be constructed. The method of construction to be used. The expected time schedule for completion of construction. Sketches and drawings in duplicate to completely depict the nature of the proposed construction. All A,qy-other inl'ormation required in the Handbook. ^"" Aadditional information as may reasonably be required by Collier County. due t~ unique conditions c!rc'_'mctanccc of the project, or the permit requested. That is to mean, for instance, a lane closure permit differs siqnificantly from an overweiqht or oversize permit. C. The permittee shall be responsible for all conditions of the permit and to pay the applicable permit fee then established by resolution of the Board of County Commissioners (the Board). D. All utility companies shall contact the property owners within 300'!n thc ";";"';~".,v,,,,., of their proposed project and inform them of the forthcoming construction activities and its duration. Prior to the issuance of any Right-of-way Permit, the applicant shall provide evidence of such notification with the permit application. E. The Collier County Transportation Operations Department may take any of the following actions on a Permit Application: Approve the Permit based on the Application as submitted. Deny the Permit based on insufficient information or site-specific information and data inconsistent with the requirements of the Handbook and/or the Collier County Land Development Code (LDC). Issue a Notice of Intent to Issue a Permit valid for up to one year, based on the Applicant's proposed time frame for construction within the right-of*way. If work will not begin within thirty (30) calendar days of the date on which a permit would otherwise be issued, then such Notice of Intent shall be issued in lieu of the actual Permit. Upon reactivation of the Permit Application by the applicant, the Transportation Operations Department will review the Application to assure that no conditions have changed and either issue the Permit or revise any site-specific stipulations to the Permit prior to issuance. F. ,I the Collier County Transportation Operations Department denies the issuance of such a permit, the applicant may appeal the denial by filing a written notice of appeal with the Board (with a copy to the County Clerk), not later than ten (10) working days after the effective date of the notice of denial. The Board will hear the appeal within ninety (90) days from the date of the written notice of appeal at a regularly Page 3 of 7 Words underlined are added; words :tr'Jck through are deleted. AGEIyD/~ITEM JUN 1 0 2003 Not__.~ce of Intent shall be issued in lieu of the actual Permit. Upon reactivation of the Permit Application by the applicant, the Tra.nsportation Operations Department will review the Application to assure that no conditions have changed and either issue the Permit or revise any site-specific stipulations to the Permit prior to issuance. E-~F. If the Collier County Transportation Operations r', .... ~ ..... , Department denies the issuance of such a permit, the applicant may appeal the denial by filing a written notice of appeal with the Board of Cc'--'nty Ccmm!=s!cn=m (with a copy to the County Clerk), not later than ten (10) working days after the effective date of the notice of denial. The Board will hear the appeal within ninety (90) days from the date of the written notice of appeal at a reqularly scheduled Board meetin~i~ ~ heard bt,' *~'~ ~"~"~ ~* ~* .... ,~. p,,~.~ regular!t,' ~"~'"'"~'~ meet!rig TThe appellant may appear before the Board,~ ~the decision of the Board shall be final. ~G No permit shall be issued unless the proposed construction conforms to with the then current edition of the following referenced publications. In the case of conflict or inconsistency, the more restrictive rule shall apply. 1. The Handbook. 2. Construction methods or specifications contained in Florida Department of Transportation (FDOT) Standard Specifications for Road and Bddge Construction, and the most current FDOT Road Design Standards, Construction. Maintenance and Utility Operations on the State Hi.qhway System. The most current.FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways. Collier County ~ Land Development Code_.(.~.g_Q~. Collier County Maintenance of Traffic Policy (CMA Instruction 5807, latest r~ If standards for the proposed construction are not contained in these references, the Collier County Development and Environmental Services Division Collier Cc'Jnty D~v~cpmcnt~Se.'':!cc~ Dcp=,'t, mcnt and/or Transportation Operations, Department may impose (ce rs=sc,",=b[e 2pp!iccb!e ctc~d=rd~, additional conditions and/or stipulations, includin9 as to sidewalks/bikeways, traffic control devices, and roadway improvements, as part of the permit for the proposed construction. G~H. All work performed under any Collier County permit shall be at the expense of the permittee and at no expense to Collier County. H=.I. The Collier County Transportation Operations Department may suspend or revoke a permit whenever any stipulation and/or condition of the permit is not being fully and promptly complied with, or when deemed essential *~'"* ;-~uc= = "~'*~"'"'~ .... ;, .... p~,-,~ ....... ~ *~* permit "'~' ....... =.".t,' .................. right 3f wet,' ,. ....... racy Page 4 of 7 Words underlined are added; words =truck thrcugh are deleted. JUN 1 0 2003 condition of permit !s not being .... · .... ,. ..... ,-..· .................................. ¢~=~-.~--~-~=3¢~by Collier County to protect the physical safety of the public. SECTION FIVE: REMOVAL OF OFFENDING MATERIAL. Offending material is a public nuisance and is subject to removal by Collier County as follows: A. Upon becoming aware of the presence of offending material, Collier County shall attempt to notify any _Rresponsible Pl~erson by certified mail~_-retum receipt requested, or other actual notice of the obligation to remove the offending material not more later than thirty (30) days after ef receipt of such notice. B. After expiration of the thirty_--(30) day grace period, Collier County may cause any then remaining offending matedal to be removed and be disposed of in a reasonable manner at the expense of the __Rresponsible Pt~erson-e~gemens. C. If emergency removal is decided to be necessary to protect the physical safety of the traveling public and/or to protect public property, the offending material may be removed without any attempt to provide notice to any __Rresponsible Pperson or persons. D. After removing the offending material and after notifying any Rresponsible _Pperson or persons (by such certified mail or other actual written notice), the Code Enforcement Comp!i3nce Sc,";ices Section of the Collier County Community Development and Environmental Services Division ~ shall certify to the Collier County Finance Director the expense incurred in remedying the condition and thereupon such expense shall be due and payable in full within thirty (30) days, after which a special assessment lien will be made upon the property of the R_responsible Pperson, which shall be due and payable in full with interest at the rate of eleven percent (11%) per annum from the date of such lien certification until paid. Such lien shall be enforceable in the same manner as a tax lien in favor of Collier County and may be satisfied at any time by payment thereof including accrued interest. Notice of such lien shall shcu!d be filed in the Office of the Clerk of the Circuit Court and shall shou!d be recorded in the Public Records of Collier County. E. If any _Rresponsible Pf~erson believes that such expense certified to the Collier County Finance Director for removal of the offending material is excessive, he may appeal the amount assessed by filing a written notice of appeal with the Board ef /~t~ County Commissioner,",, with a copy to the County Clerk, within ten working days after receipt of the notice of the expense. The Board should hear the appeal at its next convenient regularly scheduled meeting. The appellant may appear before the Board. The decision of the Board shall be final. F. The Collier County Tax Collector should keep complete records relating to the amount payable for liens, as described in Pj~aragraph '_'(D~), above, and the amounts of such liens should be included in tax statements thereafter submitted to the owner(s) of lands subject to such liens. Page 5 of 7 Words underlined are added; words struck ~rcu.~h are deleted. JUN 1 0 2003 pg. ,!.L4 · -¢-,EC, TION SIX: REPEAL OF ORDINANCE NOS. 82-91 ,~,ND 89-26 and 93-64. .... '~'~ b;' ~"~; ..... Q~ '~ i~ are Ordinances 82-91, 89-26. and 93-64 cc ........................... hereby repealed in their entirety. SECTION SEVEN: RULE OF CONSTRUCTION OF THIS ORDINANCE. This Ordinance is cumulative and in addition to any other applicable Collier County ordinance, rule or regulation. When construction is within the boundaries of any municipality, any applicable ordinance, rule or regulation of that municipal corporation shall also apply. SECTION EIGHT: CONFLICT AND SEVERABILITY. In the event this Ordinance should ever conflict with any other ordinance of Collier County, or applicable ordinance of any municipality, or other applicable law, rule or regulation, the more restrictive shall apply. If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the ~alidity of the remainder of thi_se Ordinance. SECTION NINE: PENALTIES. A. A violation of this Ordinance is a civil violation. If any person, firm, corporation, or any other entity having legal status, whether public or private, shall fail or refuse to obey or comply with any provision(s) of this Ordinance, upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1 ~000.00) five hundred dc!!:rs ($500.00) in the discretion of the court. Each day of violation or non- compliance may be considered as a separate and distinct violation. In addition, any person, firm, corporation or other entity convicted of violating any provision of this Ordinance shall pay all costs and expenses involved in the case. B. Nothing herein contained shall prevent or restrict Collier County from taking such other lawful action in any court or competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for ',~junctive relief and an action at law for damages. C. Nothing in this Ordinance shall be construed to prohibit Collier County from prosecuting any violation of this Ordinance by means of a Code Eenforcement Board established pursuant to the authority of Chapter 162, Florida Statutes. D. All remedies and penalties provided for in this Ordinance shall be cumulative and independently available to Collier County, which is authorized to pursue any and all remedies set forth in this Ordinance or otherwise lawful. Page 6 of 7 Words underlined are added; words =?.:'c~ thrcu?~h are deleted. AGEND~e ~EM JUN 1 0 2003 pg. AGENDA ITEM- SECTION TEN: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. PASSED AND DULY ADOPTED Collier County, Florida, this~ 20031993. by the Board of County Commissioners of day of ~, A'I-rEST: DWIGHT E. BROCK, Clerk By: Mcurcc.", Kenya.",, DC Chairman BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ TOM HENNINGBURT Approved as to form and legal sufficiency: Thames C. P:!mer Jacqueline Hubbard Robinson Thomas C. Palmer Assistant County Attorney JUN I 0 2003 Pg- Page 7 of 7 Words u. underlined, are added; words ct,"cck ~,hr~_'~h are deleted. AGeNPA EXECUTIVE SUMMARY APPROVE THE GOODLAND WATER SUB-DISTRICT RATE STUDY AND ADOPT A RESOLUTION INCREASING THE GOODLAND WATER SUB- DISTRICT RATES, WHICH IS SCHEDULE TVVO OF APPENDIX A TO SECTION FOUR OF THE COLLIER COUNTY ORDINANCE NO. 2001-73, PROVIDING DELAYED EFFECTIVE DATES. OBJECTIVE: Board of County Commissioners approval of the Goodland Water Sub-District rate study and adoption of a Resolution amending the Goodland water rates, which is Schedule Two of Appendix A to Section Four of the Collier County Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. CONSIDERATIONS: On September 23, 1997, the Board of County Commissioners adopted an Ordinance No. 97-48, entitled the Collier County Water-Sewer District Uniform Billing and Regulatory Standards Ordinance, which established the existing water rates for the Goodland Water Sub-District. On December 11, 2001 the Board of County Commissioners adopted an Ordinance No. 2001-73, entitled the Collier County Water-Sewer District Uniform Billing and Regulatory Standards Ordinance, and left the user rates for the Goodland Water Sub-District unchanged and directed staff to update the user rates after one year. As a result, staff hired Public Resource Management Group to prepare a study of and update the water user rates which have remained unchanged since September 1997. The Collier County Water-Sewer District buys bulk water from the Florida Water Services Corporation (FWSC), which is distributed to the Goodland Water Sub- District customers. Ordinance No. 97-48 contains a "Purchased Water Adjustment Clause" (PWAC) designed to automatically "pass through" Florida Water Services Corporation (FWSC) rate increases. This PWAC enables the District to maintain financial stability and therefore will continue at the current level mentioned below. The bulk water purchased from the FWSC represents approximately 50% of operating expenses and the county does not have any control over these charges. The Rate Consultant has recommended the user rate incr~.ase to fund improvements to the reliability of the water systems at an estimated cost to the system's users of approximately $567,500 over the next five (5) years. JUN 1 0 2003 PG. / The revised water rates are used to recover system operation, maintenance, renewal, replacement and debt service costs from residential and non-residential property owner system users within the Goodland Water Sub-District. In order to meet the user demands, the capital projects provide a comprehensive approach to ensure the reliability of the utility operations. The Rate Study Briefing Document (VVater Rate Consultants Executive Summary) attached is designed to establish water user rates. The proposed user rates were presented to the Goodland Homeowners Association on May 20, 2003, the Productivity Committee on May 21, 2003 and the Key Marco Community Development District management team on June 2, 2003. Major and significant changes are summarized below: 1. Six block structures are introduced instead of one structure. 2. The rate adjustments are reflected to include the annual increases in the Consumer Price Index (CPI). 3. The rate adjustments are calculated and recommended for two consecutive years. The recommended water rates in this agenda item are based on implementation dates of October 1,2003 and October 1,2004. GROWTH MANAGEMENT IMPACT: The proposed Water rates are designed to provide funding for operation, maintenance, along with repair and replacement costs. These rates also provide supplemental funding for water capital improvements required to assure reliability and to serve the existing customers and not pay for any future developments. FISCAL IMPACT: The additional rate revenue anticipated to be generated by the recommended water rates over the next five (5) years is: Water = $974,000 A GE N D A _]~T~ ~1 JUN i 0 2003 The impact to the users of water services can be estimated from the following charts: Water Service Availability Charges: Meter Size Existinq FY 2004 FY 2005 %" $16.00 $25.00 $25.00 1" $37.00 $58.00 $58.00 1 ¼" $72.00 $113.00 $113.00 2" $114.00 $178.00 $178.00 3" $226.00 ~$353.00 $353.00 4" $351.00 $548.00 $548.00 6" $701.00 $1,095.00 $1,095.00 8" $1,259.00 $1,967.00 ~$1,967.00 Volume Charge per $1,000 Gallons: Block All Usage Block 1 Existing $3.92 FY 2004 $3.50 FY 2005 $4.30 Block 2 $4.40 $5.30 Block 3 $5.30 $6.40 Block 4 , $6.20 $7.40 Block 5 ' $7.10 $8.50 Block 6 $8.90 $10.60 Purchased Water Adjustment Clause (PWAC): [New FWSC Volume Charqe - Old FWSC Volume Charge] = 0.78 Adder RECOMMENDATION: a) Approve the Goodland Water Sub-District Rate Study, as presented by PRMG; b) Adopt a Resolution amending the Goodland Sub-District Water Rates, which is Schedule Two of Appendix A to Section Four of the Collier County Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance; c) And approve the implementation date of October 1, 2003 and October 1,2004 respectively, for the newly adopted rates. Bale M. Sridhar Sr. Management and Budget Analyst Public Utilities Reviewed b y: ~-~ ~.~k~ ~-t'~ >~_ Joh, r~ A. Yonk<~ky, Direc--t~r utirccJ/Billing and Customer Service Date: Date: Tom Wides, Director-Operations Public Utilities .~' 3ames W. DeLony½ Administrator public Utilities / Date: Date: JUN 1 O 2003 ~. June 10,2003 PRMG #1125-03 Board of County Commissioners of Collier County 3301 Tamiami Trail East Naples, FL 34112 Subject: Goodland Water District Rate Study Ladies and Gentlemen: Public Resources Management Group, Inc. (PRMG) has completed our Water Rate Study for the Goodland Water District (the "District") water utility system (the "System") located within Collier County (the "County"), and has summarized the results of our analyses, assumptions, and conclusions in this report, which is submitted for your consideration. Based on the assumptions relied upon in the development of the System expenditure needs, PRMG has identified a series of rate adjustments which we are recommending for adoption. The proposed rate adjustments are considered necessary by PRMG to i) continue to fund the costs of operations, which continue to increase due to inflation, increases in the costs of purchased water, and other factors; ii) meet the financial requirements associated with funding the capital improvement program of the System for asset replacement and reliability; and iii) maintain appropriate System operating reserves and margins to promote the creditworthiness of the System. Specifically, the report recognizes the need to adopt a series of rates phased over the fiscal years 2004 and 2005. The proposed rates are summarized in Table ES-1 at the end of this letter, and are expected to be sufficient to provide revenues to meet the total costs anticipated for the System over the next five years based on the assumptions recognized in this report. Moreover, under the direction of the County, PRMG has designed a rate structure that will promote the conservation of water resources. Currently, the County purchases all of the water requirements and needs for the customers served by the System from Florida Water Services (FWS) under a bulk water rate. The County has no control over these charges, which account for approximately 50% of the System's operating expenses. The existing rate resolution has a "Purchased Water Adjustment Clause" which allows the County to pass through any increases in the FWS bulk rate to the Goodland customers. PRMG recommends that the County maintain this Purchased Water Adjustment Clause (as revised to incorporate the new rate structure) to help ensure the financial stability of the System. JUN 1 0 2003 PG. ~ Board of County Commissioners of Collier County June 10, 2003 Page 2 We appreciate the opportunity to be of service to the County and would County's staff for their assistance and cooperation during the course of this study. Respectfully submitted, Public Resources Management Group, Inc. like to thank the Robert Ori President Bwan A. Mantz Rate Consultant JUN ,~ ii 213g3 Table ES-1 Collier County, Florida Goodland Water District Rate Study Existing and Proposed Rates SERVICE AVAILABILITY CHARGES (All Classes of Customers) Proposed Rates Effective October 1, Meter Size Existin$ 2003 3/4" $16.00 $25.00 1" 37.00 58.00 1-1/2" 72.00 113.00 2" 114.00 178.00 3" 226.00 353.00 4" 351.00 548.00 6" 701.00 1,095.00 8" 1,259.00 1,967.00 VOLUME CHARGE PER 1,000 GALLONS (All Classes of Customers) Effective October 1, Existin~ (2) 2003 (3) S3,92 All Usage Effective October 1, 2004 $25.00 58.00 113.00 178.00 353.00 548.00 1,095.00 1,967.00 Effective October 1, 2004 Block 1 (l) $3.50 $4.30 Block 2 (1) 4.40 5.30 Block 3 (1) 5.30 6.40 Block 4 (I) 6.20 7.40 Block 5 (1) 7.10 8.50 Block 6 (1) 8.90 10.60 (I) Block Rate Structure For Proposed Rates; Same Block Rate Structure as That of Collier County Water-Sewer District: Consumption Blocks For Proposed Rates - Up To (3) Meter S~'e Block I Block 2 Bbck 3 Block 4 Block 5 Bbck 6 3'4" 5,000 10,000 20.000 30,000 50,000 Over 50,000 I" 12.000 25,000 50,000 75,000 120,000 Over 120,000 1-1'2" 25.000 50,000 100,000 150,000 250,000 Over 250,000 2" 40,000 80,000 160,000 240,000 400,000 Over 400,000 3" 80.000 160.000 320,000 480.000 800,000 Over 800,000 4" 120,000 250,000 500.000 800,000 1,200,000 Over 1.200,000 6" 250.000 500.000 1,000.000 1.500,000 2,500.000 Over 2,500,000 8" 450,000 900,000 1,800,000 2.700,000 4,500,000 Over 4,500.000 (2) The usage charge shall be adjusted based on the following formula as contained in the Rate Ordinance: pLrRCHASED WATER ADJUSTMENT CLAUSE (PWAC) - EXISTING RATES (New Florida Water Services Volume Charge - Old Florida Water Services Volurre Charge) 0.78 Adder Existing Goodland $ / M~l + Adder = New Goodland $ / Mgal (The purpose of the 0.78 factor is to adjust for unaccounted for water and the change in the monthly fixed charges from Florida Water Services.) (3) The usage charge shall be adjusted based on the following formula: PURCHASED WATER ADJUSTMENT CLAUSE (PWAC) - PROPOSED RATES (New Florida Water Services Volume Charge - Old Florida Water Services Volume Charge) Adder 0.75 For Each Rate Block: Existing Rate Block $ / Mgel + Adder = New Rate Block $ / Mgal (The purpose of the 0,75 factor is to adjust for unaccounted for water and the change in the monthly fixed charge~ from Florida Water Services.) JUN 1 0 2003 RESOLUTION NO. 2003 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, INCREASING THE WATER RATES OF THE GOODLAND WATER SUB-DISTRICT BY AMENDING SCHEDULE TWO OF APPENDIX A TO SECTION FOUR OF THE COLLIER COUNTY ORDINANCE NO. 2001-73, PROVIDING DELAYED EFFECTIVE DATES. WHEREAS, on September 23, 1997, the Board of County Commissioners adopted Ordinance No. 97-48 to establish the water user rates for the Goodland Water Sub-District customers; and WHEREAS, on December 11, 2001 the Board adopted Ordinance No. 2001-73, entitled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, which did not change any water rates for the Goodland Water Sub-District Customers, but the Board directed staffto update these rates; and WHEREAS, the Collier County Water-Sewer District purchases bulk water from the Florida Water Services Corporation (FWSC), which water is distributed to the Goodland Water Sub-District customers; and WHEREAS, Collier County applies water user rates to recover system operation, maintenance, renewal enhancement, replacement and debt service costs from residential and non-residential property owner system users within of the Goodland Water Sub- District of the Collier County Water-Sewer District; and WHEREAS, Collier County has retained Public Resources Management Group, Inc. (the Consultant) to review the existing water user rates and to recommend appropriate amendments to those rates; and the Consultant has recommended these rate increases to fund improvements to the reliability of the Goodland Water Sub-system; and VVHEREAS, the Consultant has recommended increasing the water user rates applicable to single family residential, multi-family residential, and commercial customers as specified in the attached Schedule Two to Appendix A; and staff concurs with the Consultant's findings and recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners accepts the Consultant's and staff's recommendation and adopts the water user rates as specified in the amended Schedule Two to Appendix A of Ordinance No. 2001-73, as amended. These revised rates shall take effect at 12:01 A.M. on Wednesday, October 1, 2003 for fiscal year 2003 and at 12:01 A.M. on Friday, October 1, 2004 for fiscal year 2004. This Resolution is adopted after motion, second and majority vote favoring adoption this __ day of June 2003. ATTEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORDA By By:. Deputy Clerk Tom Henning, Chairman Approved as to form and legal sufficiency: Tfiomas'(~. Palmer, Assistant County Attorney JUN 1 0 2003 PG. _ ~,~ COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM OPERATION AND REGULATORY STANDARDS APPENDIX A - SCHEDULE 2 Providing monthly user fees for residential and non-residential properties in Goodland Water Subdistrict as follows: 1. Water (a) Service Availability Charge (i) Individual Metered residential, Non-Residential and Irrigation: Me'er Size Existing FY 2004 FY 2005 ~" $16.99 $25.00 $25.00 1" $27.99 $58.00 $58.00 1 ¼" $72.99 $113.00 $113.00 2" $11q.99 $178.00 $178.00 3" $226.99 $353.00 $353.00 4" $251.00 $548.00 $548.00 6" $701.00 $1,095.00 $1,095.00 8" 1,259.00 $1,967.00 $1,967.00 (b) Volume Charge per one thousand gallons ($/Mgal) of usage: Block Structure Volume Charge per 1,000 Gallons: Block Existing FY 2004 FY 2005 All U:age $2.92 Block 1 $3.50 $4.30 Block 2 $4.40 $5.30 Block 3 $5.30 $6.40 Block 4 $6.20 $7.40 Block 5 $7.10 $8.50 Block 6 $8.90 $10.60 Purchased Water Adjustment Clause (PWAC): [New FWSC Volume Chame - Old FWSC Volume Charge] 0.78 =Adder Existing Goodland $/Mgal + Adder = New Goodland $/Mgal Factor is needed to adjust for unaccounted for water and the change in the monthly fixed charges from FWSC Note: From time to time Florida Water Services Corporation (FWSC) is authorized to increase water rates by the Collier County Water and Sewer Authority. This PWAC is designed to automatically "pass-through" this increase, dollar-for-dollar. The new rates for the Goodland Water Subdistrict should become effective the same month that FWSC increases the price of wholesale water to the Goodland Water Subdistrict. JUN I 0 2003 EXECUTIVE SUMMARY APPOI2qTMENT OF MEMBER(S) TO THE COLLIER COUNTY REVENUE COMMISSION OBJECTIVE: To appoint members to serve on the Revenue Commission with the terms expiring 18 months after the first meeting immediately subsequent to the appointment of members. CONSIDERATIONS: The Revenue Commission was established on March 11, 2003, by Resolution 2003-118, as an ad hoc advisory body to identify the infi:astructure requirements, governmental service and community needs of Collier County and will explore both private and public revenue sources to meet these needs. They will submit written findings and recommendations annually to the Board of County Commissioners. The terms will expire 18 months after the first meeting immediately subsequent to appointment of members. Letters were sent to each of the 19 organizations listed in the resolution requesting applications for the representative nominated to serve as a member of the Revenue Commission. ORGANIZATION APPLICANT ELECTOR ADV. COMM. Airport Authority Black Affairs Advisory Board Marian Thompson Yes Black Affairs Adv Bd City of Everglades City of Marco Island! William P. Harrison Lee None City of Naples Clark Russell Yes None Collier Building Industry Association RobertGuiddas Yes None Conservancy of Southwest Florida Rodney Lee Robinson Yes None East Naples Civic Association James R. Gibson, Jr. Yes Productivity Committee Economic Development Council Carol E, Girardin Yes None Golden Gate Civic Association ' Golden Gate Estates Association i Matthew Hudson Yes None Greater Naples Chamber of Commercet JeffMangan Yes None Hispanic Affairs Advisory Board i Teresa M. Nelson Yes Hispanic Affairs Adv Bd Immokalee Civic Association Naples Area Hotel/Motel Association Clive Walcott Yes None Naples Better Government Committee PASSED - they wish to stay independent Productivity Committee Janet Vasey Yes Productivity Committee Property Owners Assoc of North Collier County Douglas M. Fee Yes None United Arts Council S. Joseph Moran Yes , None FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners comfirm the appointments of the representatives for the respective organizations and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JUNE 10, 2003 t LGENDA ITEM !r o. - __ pg, t DATE: TO: FROM: MEMORANDUM May 14, 2003 Elections Office r~' ' Sue Filson, Executive Manage Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. REVENUE COMMISSION Marian Thompson 284 Sabal Lake Drive Naples, FL 34104 William Harrison~ 9896 E1 Greco Circle Bonita Springs, FL 34135 Clark Russell 3005 Fort Charles Drive Naples, FL 34102 COMMISSION DISTRICT Robert Guididas 1550 13th Avenue, N. Naples, FL 34102 Roclney Lee Robinso~t 34 Golf Cottage Drive Naples, FL 34105 -~.~! James Gibson ) 5041 Mabry Drive ~,.~O C / Naples, FL 34112 Carol Girardin 693 Hickory Boulevard Naples, FL 34108 AGENDA pg. ~% REVENUE COMMISSION COMMISSION DISTRICT Matthew Hudson 321 13th Street, S.W. Naples, FL 34117 Teresa Nelson 1150 Reserve Way, Apt 302 Naples, FL 34105 Jeff Mangan 9741 Wilshire Lakes Boulevard Naples, FL 34109 Clive Walcott 3060 Horizon Lane, #1404 Naples, FL 34109 Joseph Moran Janet Vasey 4398 Longshore Way, N. Naples, FL 34119 ~_~ %, -~-~ . ,. ;' 5:' 15081 Royal Fern Coui't, H200 Naples, FL 34110 Mayme Dembecki 4178 27th Court S.W., Bldg, 37 #103 Naples, FL 34116 Douglas Fee 921 Carrick Bend Circle, #201 Naples, FL 34110 I Thank you for your help. Board of County Commissioners' 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Fax No. Business Phone: Home Phone: y ~/~:'-:-~-~':~_f~ Zip Code:,~ .~-'/'?~' %/ e-mail address: / ,,'/' /- a Business: Board or Committee Applied for: LO //11 C'^ ~'~( ~ Category (if applicable): 8/~ Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes /4 No Do you currently hold public office? Yes If so, what is that office? No ~< Do you now serve, or have you ever served, on, a Collier CounXy board or committee? Yes If yes, please list the committees/boards: .:'~LI2.-L]: /~tJb/ ~0."~f /~,': No floW f.f,' =~'e~ .-.-f- Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: ~,.: l:,_~. '--/~-./~'_ .>/.",~;,~,',~.-'~:',. -'".,,>.,-ct.. cf /)/,'~c/--~., ~ Experience: Please attach any additional informa~n you feel pertinenL This application should be fonvarded to Sue l~dson, Executive Manager to the Board of County Commissiontws, 3301 East Tamiami Trail, Naples, FL 34112. If you wish, please fax your application to (941)774-3602 or e-mail to suefdson~colliergov, ne~ Thank you for volunteering to serve the citizen~ of Collier County. MARLAN TI:IOMPSON 284 SA. BAL I~AK]~ DRIVE NAPLES, ~ 341_04 348-3335 EDUCATION; Temple Umversi~ ! 973: BBA; Major- A¢coun!ing Phiade[ph/m Pa_..I.9!2! Pre,qea~t Employ. Ftm T/me Nursery I998 to present. EMPLOYMENT~ ~oo[ District.. ofPh/!adelphia Octobe. r ! OO? to October ! 99g Position Long Te~ S)JbstSt~tt_e. Teacher W. hitter Elementary Schoo! .and Gideon E!eme_n_ta~ School R~tsre, d October 100g E_IV~LOYMENT:. Ci~. of Ph/ladelphia !955 to Position_mq he, Id:. AecmmtxnL Retired A~ni !992 Comm~m/W Service:. Served on the Board ofDi.re, ctom ofWe~ Phila. Com_muniW Mental Health Consortium YWCA Urbart !2..a~ Guild National _Assoc.,Jarl.orr of B[ac.,k Acc~mtar~ts Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: Wi 11 lam Home Address: 9896 Fax No. 389-4359 Business: City of P. Harrison E1 Greco Circle, Bonita BusinessPhone: Marco Island springs 389-5006 Board or Committee Applied for: Collier County Category(ifapp|icable): City of Marco Island Example: Commission District, Developer, environmentalist, lay person, etc~ Are you a registered voter in Collier County.: Yes Do you currently hold public office? Yes No If so, what is that office? Home Phone: 992- 4922 Zip Code: 34135 e-mail address: BHar risor~Cityofmarco island Revenue Commission No X X Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the committees/boards: No X Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: United Way of Collier County, Habitat for Humanity Education: B.A., Economics M.B.A., Finance & Accounting Experience: 25 years experience in municipal finance. Island Finance Director since March 2002. City of Marco Please attach any additional informm~on you feel pertinen~ This application shouid be forwarded W Sue Fiison, E~ecutive Manager to the Board of County Commissioners, 3301 East Tamiami Tra~, Naples, FL 34112. lf you wi~h, plgase fax your application to (941)774-3602 or e-mail to suefilson~:olllergov, net Thank you for volunteering to serve the citizens of Collier Coun(v. . filson s From: Sent: To: Subject: Bill Harrison [bharrison@cityofmarcoisland.com] Monday, May 19, 2003 9:52 AM filson_s Re: Revenue Commission There is a good reason you coulldn't find voter registration - I'm registered in Lee County. My wife and I live in Bonita Springs with that residence homesteaded. I also own a condo on Marco Island. I would be representing the City of Marco Island and not serving as a citizen representative on the committee. Bill Harrison. · '~ .... ~ u~p Information Technoloc~ 2~9-?74-~ p.1 Board of County Commissioner~ 32101 East Tamiami Trail (.941) Fax: (941) '//4-.3602 Application for Advisory Committees/Boards ~oard or Commi~ A~Ued for: Cat~ (if n~li~le): ~ ~ you a r~te~ voter In Collier County: Y~ ~ No Do you cn~ent~ bom pub~ o~ce? Y~ ~ No Ho.e ho.e: __'7-~_ - zip co~¢:_ Please list yotlr cemmuMty activJtMs (civic clul)~ neighborhood assoctatiom, etc. and positions held: Education: G4/16/2003 13:25 FAX 9417743602 BCC ~OOl Board of County Commissione~ Y301 East Tamiami Trail Naples, ItL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards FaxNo.~ I/'G./~/ BusinessPhoue: /_/, G."~- /..5-,_/.. ~e: Co~n D~, ~v~o~r, ~onmeut~ist, lay pe~o~ ~ Are you a registered voter in Collier County: Yes '~" No Do you currently hold public office? Yes No If so, what is that off'Ke? Do you now sev~, or have yon ever served, on a Colli~ County ~ard or ~mmittee? Yes lfy~, ~l~ise llst the committees/boards: d;o;~','/ ~'~r~ p:'.,~,~/:.,.~ Please list)'0ur community activities (civic clubs, neighborhood associations, etc. and positions /~ ~:~ /~, , ~ .. - - ~ ~ - . . . ~5 ~. ~- ~ ~ >/z-~', ~-~--/ L,-~. ~/!. -'-- '~' / =' ~'~,', ~'-- ,~ ,' <- - ~ - . c .-/ ~ " ==~4r~ '-~/.,,.~' ~//,~.~. Ple~e attaclt any addigmml Info~mation you feel p~ne~ Tkh ~n ~ouM ~ fom~ded to Sue ~on, ~e Mauager to ~e Boa~ ~ Co~p Co~tOners, 3301 E~t T~I Tr~ N~I~ FL ~411~ If y~ ~j~, p~t I~ our ff~on ~ ~tttd m ~ ~ , Y ~P '~)~6--~- fiPR-11-~O0,~ FRI 05 !1 PM O, B, I, lq, F~× NO, 239 436 3878 P, 02 Donna Fiala Dis~ct 1 Frank Hala$ District 2 Tom He,hain9 District' 3 Frea W, Coyle Distnct ~ Jim Crdatta District 5 33131 East Tamlarni Trail - Naples. Florida 34112 - 4977 (239) 774-8097 - Fax (339) 774-36D2 March 17, 2003 Mr, David Ellis, Executive Vice President Collier Building Industry Association 4779 Enterprise Avenue Naples, FL 34104 RE: Collier County Revenue Commission Dear Mr. Ellis: While convened in regular session on Tuesday, March 11, 2003 the Bom'd of County Commissioners adopted Resolution No. 2003-118, creating the Collier County Revenue Commission to explore alternative revenue sources for meeting the County's numerous and varied needs. This ad hoc committee will allow participation from a broad spectrum of community leaders and stakeholders in a process that identifies the County's various riscal needs. Your committee/ organization has been selected to nominate one representative m serve on the l~venue Commission. Please have your representative complete the enclosed application and remm it within 41 days or as soon as possible. I have also enclosed a copy ofthe Resolution 2003-118 for your review and information. The committee will consist of 19 members and the. functions will be to identify the infrastructure rcquiremems, governmental service and community u~eds of Collier County. They will explore both private and public revenue sources to meet these needs, a~l will submit written finttings and recommendations annually to the Board of Cotmty Commissioners. Thank you for your interest in County Government. Sue Filson, Executive Manager to BCC Board of County SF Enclosures Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 , Application for Advisory Committees/Boards Name: Rodney Lee Robinson l~omeAddress: 34 Golf Cottage Drive FaxNo. 239-263-301~usinessPhone: 239-403-4235 Business: The Conservancy of Southwest HomePhone: 239-213-4229 ~pCode: 34105 ~ma~addr~s: rodr@conservancy.or$ Florida Board or Committee Applied for: C o i 1 i e r C o un t y Category (if applicable): Environment al Example: Commission District, Developer, environmentalist, lay person, etc. Revenue Commission Are you a registered voter in Collier County: Yes x No Do you currently hold public office? Yes If so, what is that office? No x Do you now serve, or have you ever ~erved, on a Collier County board or committee? Yes If yes, please list the committees/boards: x Please ii~,,t yoqr communj~ ,activities (civic clubp, neighborhopd asso. ci. ations, etc. a.nd positions held: wynaemere ~uA, Lanascape/new construction committee Cocoplum huA kotag~ G~ forezgn exchange buszness student Education: B-g. l,andmcapm Arahltmaturm; Colorado Real Estate - Florida license #SL 3028951 Ex~ence: Statm IInSvmrsSty ~. Pg. It ~ Please attach any ~_din_'onal information you feel pertinent. This application should be forwarded to Sue F'dson, ~ ~ Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. If. you wish, please fox your application to (941)774-3602 or e-mail to sueftlson~collier~ov, net. rhank you for volunteering to serve the citize~ns of Cotlier County. East Naples Civic Association Estal;,lished 1950 ~ ~arch ~':' 2003 Ms. Sue Filson. Exct. ut:,x'e X. lanag¢~' Board of Count>' Conqmissioners 3301 East Tamiami 'Frail Naples. Florida 34~ l £ Dear Ms. Filson: Enclosed picusc t~nd a completed ap!31i,:ittien by James R. Gibson, .Ir ,~ ou.,t. Re,',z~u(' (', ..... ~"*~' ~ klr. Gibson: is well qualified membership on th~? ~. '~,JJi.:r ~ ,"" ,~.~_.~on. ~br the position anti x~ c =uppotl his appointn'~cnt to the Revenue Commission. Thank xou for your attention in this matter. Kindest personal regards. Verv ~ruix ',,oLIrs. Ken Drum. President East Napies Civic Association AGENDA ITEM pg. /i;L. A community organization representing the residents and businesses of East Naples Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Zip Code: ~t~ ]~x-8(v'~ - Application for Advisory Committees/Boards Home Address:~~' Fax No. -o<'/~,__~~- Business Phone:_ ~ l[~' Board or Committee AppUed for: CO~ CO0~~~ ~~l~O~ Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes ~ _No No_~~- Do you currently hold public office? Yes_ Do you now serve, or have you er. er se~rved, o~~ comml~e~/uu~ · lfv~,pJe~e~,~the ~ ~,~~- ~0~ ' ~~ I~ ~ ....... Please list your community activities (civic clubs, neighborhood associations, etc. and positions CO\N',. ,, . Pte~e ~acb ~y ad~doa~ infomart you feel pe~ne~ Th~ appleton sko~d be fo~arded ~ Sue ~om ~ecudve Board of Coun~ Comm~nen, 3301 E~t T~i~i Trail, N~I~, FL 34112. If you w~h, p~e f~ your ~p~c~on to (941)774-3~2 e.maii to ~ ~a~ you for vo~ to s~e ~t ~ of Co~ Co~. ]~/21/2003 i1:47 2392~3802! ~ 86 Bonrd of County Commissioners 3501 Y. ut Toml~n'd Fix: (941) Applicntion for Advisor7 Committees/Boards Name: CAROL 693 Wome 597-9923 G I RARD IN Home P~on~ HICKORY BLVD. NAPLES FL 7.JpCode: 34108 ~n~s~ None: 597- 991.? e-retail ndd~n: c_gi~.ardin~ att. net BRIAN? & BALDWIN LLC 8esiuess.: GIRARDIN COLLIER COUNTY REVENUE COMMISSION Boazd or Contmitt~ Applied fo~. Ca~o~ (if apptlc~ble): ., LIASON - EDC ~msqda: Cnnml~m ~ Devdep~". cn'~.mm~l)sL ts3, per:~o. ~ you ~ rq~imt~d ?ot~r im Collier County: 'gm X ~O Do you e~irrtntly hold public oflk'e? Y~__.__.~ ~m, whnt is ~hat offb? , NO.___._.,._.__.=_ X No list fist ~ommftts~s/lxsardt: ~.AT.TI-I TA.~I( ~C~.. .. _ ~Atso IMf: your community s -m~;,;~ (~ ~ub~ net~Dorhood ~so~flon~ ~ and ~s~ns held: EDC; N~CC; FICPAr A~CPAr C~NSERVANCY, FORUM CLUB~ YMCA F..duenfio,,t: BS - ACCOUNTING - UNIVERSITY OF TENNESSEE Experienc~: SEE ATTACHED RES...UME GB GIILARD13W, BRIANT & BALDWIN uc Certified Public Accountants 6216Trail Blvd. Noir,h, Naples, Florida 34108 phone 239.597,9911 ~ 239.597.9923 Email Briant-Girardln@ aR.net 5147 C. ast~o Driv~ Naples, Florida 34103-8929 pho,e 239.262.8686 fax 239.262.7343 Email gba@gba-qva,com CAROL E. GERARDI~', CPA Ms. Girardin has been a resident of Napl~ for twenty years. Ms. Giraxdin has twenty-four years of accounting and tax experie~tc¢ with emphasis towards non-profit organizations and individuaIs. In addition, she has obtained a Certificate of Educational Achievement in Not-for-Profit Accounting. Ms. Gir-e, rdin is active in professional and civic organizations, including the American and Florida Institute of Certified Public Accountants. She has served as President of the Forum Club and Naples Area Chamber of Commerce and as Treasurer of the YMCA oI'Collicr Counw. Ms. Giza:,din graduated Magna Cum Laudc in 1978 from the University of Tenne,~ee with a Bachelor of Science degree and a major in Accounting. She received hcr ccrtLficd public accountm~t dcsignati vn in 1980. Her pr/or employment includctt four years with Coopers & Lybrand, CPAs. AGENDA ITEM. NO. ' I' ~ ~.~-; ~ pg. /..~' E35-?74-1iiEi'l 0. 638~ Board of County Commissioners 330! 'East Tamiami Trail Naples, FL 34112 (941) 774-$097 Fax: (941) Application for Advisory Committees/Boards e-mag add~ss:.~ Fax No.~ B~i~ess Phone: l~usiness:, Bonrd or Committee Applied for: Category (if' ap?licable): Example: C0mmi~sioa DiStrict; Dcvtlup,~r, cJwlroumeutaliqt, i,~y pc~SOn~ Are you a registered voter ~ CoBier County: Yes Do you current~ hold public o~ce? Yes. No If so, what b ~a~ off~e?~ ' Do y~ now s~r, or have you ever se~e~ on n Collier Cod~ If ye3, please ~st the commi~ees~oarda: Please list your comm~unity activities (civic clubs, neighborhood associations, etc. and positions held: ~ ~. ~.77 .... ,.cl.,flu,: .... /-/.-5--- _5 · ' ' 8pp ~0 03 10: 15~ VIP RESLTY GROUP ~3~-4~3-??78 Collier County Honle ! BCC I Application for Advisory' Committees/Boards p.1 Page 1 of 2 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committee/Boards Home Add~: ~ / /,~ ~" Fax No ~X~ Busings Phone: Board or Commln~ Ap61ied for: Example: Commission District, Developer, environmentalist, lay person, etc. Are you a reg~tered voter in Collier CounW: Yes ~ No Do you cu~enfly hold public office ? Yes ~ . No ~0 you now ac~e~ or ha~e you cvcr s~w~, on Or CommiRee? , Please list your comnmnity activities (civic clubs, neighboorhood associations, etc.) anti - / I - / ~ attach an additional in brmation vou j~el t)ertlnent This applicatwn should be forwarded to Sue bt 'an. Exje¢flgive ~ 13. : . ,' Manor, er to the Board of County Comm~asioner& 3301 Ea.~t Tammmt Trod, Napl~, F . , ~f ) _, , .} .... .,,. ~ ~ ; Please Y ~J ' · ' ' ' ' · '1 34112 I ,ou ~isl~ ease fax ~o:w ~ Ct~ty. ~ ~-' .................. ~!:I/.~:~?!.!i _er?,v'net/bcc/advis°ry%20applicafi°n'htm 4/20/2003 Board of County Commissioners 3301 F.~t Tamiami Trail Naples, FL 34112 (941) '/74-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards itomo t~on~: ~ ~ -- Board or Cummttte~ Appli~l for. ~~ ' ~ ~ , r Catego~(~f~ _. _. ~ _. Are yeu a ~stered voter ~ ~ you ~an~ hold pubUc Da ~ou ~w ~ or hav~ y~ ~er s~, o~ a ColI~ ~uhty ~rd or ~mmi~? Yes ..... -- lfy~ pl~ I~ ~e eommi~l~arm-. held: = ' · ~741 '~ILSHIRE LAK-~$ BLVD · NAPLES, FLORIDA PHONE 239-513-I236 · FAX 239-649.0427 * ~-MAIL JKMCONSULTINGOEARTHLI~K.N]ET JEFF MANGAN SUMMARY OF QUALIFICATIONS Demonstrated ability to successfully oversee multifaceted development project. Detimt~ve skill m leadership, planning, organization, and decision-m~king. Team player with exceptional communication, interpersonal ~nd customer service skills. · Effective m-~d comfortable commumcating and presenting at board-level meetings. · Proven record for meeting challengtng goals in a highly competitive environment. · Results ori~med and imaginative, solution driven, problem solver. EXPERIENCE 1994~2003 Ch/ef Operahng Officer Kensington Park of Naples L.L.C. Naples, Florida 4° ¢o Responsible for the acceptance and implementation of a revised business plan with the Parmership as a result of intensive remew of a faltering P.U.D, Orchestrated the successful amc'~ndment oft. he original P.U.D. with Colher County. Coordinated a successful restructuring and remitment of the ~ntSr¢ team of department heads to execute a new business plan. Involved in the restructuring of the compani~ third-party debt. Fulfilled the responsibilities of thc office of thc President of the Master Association and numerous sub-associations on behsR' of the declarant through turnover. Performed the duties of thc Architectural Review Board as one of four reqmred professionals for the board. Responsible for ma~,aging the completion of the three fmsl ptmses of the projects infrastructure. Reported to the Partnership on a periodic basis the ?&L, Balanoe Sheet and Equity Dislribution Forecast. Responsible for tl~ final review and approval of all budgets prior to presentation to the Partnership. Have fin~ approval of ~I1 payables and receivables as well as payroll concerns for all rel~te~i companies. AGENDA ffEM pg. ICl +9416495120 KENSINGTON SALES CEN 0?4 P03 AFR 14 '05 09:51 Ii~B LAKB$ BLVD · NAPLB$, FLORIDA · 34109 JEFF MANGAN Vice President of Sales and Marketing/Broker Kensington Park R~alty Corporal/on -:. Rcprescnl~d the dcvdoper m the bulk sale contract negotiations with sub-developers and prcf:rred builders. -:. Direct developer contact for the selection of preferred builders chosen for the ccntrat sal~ program. · :. Responsible for weekly sales & traffic reports md sales associate meer. ings. .:. Coordinate creative advertising and media placement for both the real estate and membership programs. · :. Directly involved in the recruitment and monitoring of sales team. .:. Managed the host site for five C.B.I.A. Parade of Homes, four of which were held at Kensington. Chief Operating Officer Kensm~on Golf and Country Club .:- Responsible for the completion of construction as well as the staffing, training and opening of tho original 30,0013.+ square toot Clubhouse. · :- Revised the Equity Membership Plan of Offering with legal counsel- .:. Orcheslxatcd the strategic planning, consequential survey of the equity membership and ultimately the renovation, and improvement of the existing club hcilities. -:- Presided as President on behalf of the developer at all Board of Gov.:mors meetings. · ;.Currently ~n the process of coordinating mover negouations with the membcrab.ip. · l.Coordinated all of the cornmumties facilities dm-inS the five-year tenure of the Nuveen Masters tennis tournament from 1995-1999. AFFILIATIONS .:. Club Managers Association Of America. Certified 1999. · :- Naples Area Chamber of Commerce. Director 2001 -:. Leadership Collier Class 2002. · :- Pelican Bay Rotary Club, Rotarian of the Year 200[. Director 1999-2002, Secretary 2002-2003. -:. Naples Area Board Of Realtnrs, Licensed Broker. · :- Livingston R.oad Beautification Association, President. · 1. Licensed Community Association Manager. -:. Collier Building Industry Association, · :. Urban Land Institute. Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-S097 Fax: (941) 774-3602 ~,~ Application for Advisory Committees/Boards Name: --~'-Cf'~'5:~ ~ e~ G ~ Home Address: }l ~ 0 ~CSe.-~ve~ L4.Jc.z..42 . ~, ~ FaxNo. ~ }A Business Phone: ~-~-~ Board or Committee Applied for: ~n}{i~ ~~ ~V~ &~_',%<lO~ Cat, go~(ifapplieable): ~~./~ ~~c ~/;yorr ~ff~ Example: Comm~ion Dis~iet, Develofier, eaviroamea~lht~ hy ~rsoa, etc. - Home Phone: Zip Code: ::]~4 l 0 <~' e-mail address: ~ Are you a registered voter in Collier County: Yes Do you currently hold public office? Yes If so, what is that office? No No v~ Do you now serve, or have you ever served, on a Collier Counfy board or committee? Yes / Ifyes, pleaselistthecommittees/boards: ~'~'~,cz~'~c_ Afc-f'~(~, /~V{~orx, I ~_ af_~/~ No Please list your community activities (civic clubs, neighborhood associations, etc. and positions Education: Experience: '~.tkt~ ~ ~e~vx~.. ~ I~,~c~ . Please attach any additional information you feel perttnen& This application should be forwarded to Sue Fiison, Executive Manager to the Board of County Commissioners, 3301 East Tomlaml Trail, Naples, FL 34112. If you wish, please fax your application to (941)774-3602 or e-mail to tttefd.~on(i~.olllergov, net Thank you for volunt~ring to sm, ye tka c~tiztns of Collier County. OBJECTIVE TERESA M. NELSON I intend to participate with and partake in the Collier County, Revenue Commission Board where I can apply my experience, education and drive to further my community's goals and growth with a strong, advancing Commission team. EXPERIENCE EDUCATION 2001-Present Collier County Clerk of Courts Naples, FL Programmer Ana~a't II · Webmaster / Developer- reconstructed and maintaining agency website 1998-2001 Mars Hill College Student Government Association · Executive Secreta~, 1999-2001 Mssisted Laving · Residential Assistant for Stroup Dormitory 1998-2000 Information Technology Services · Computer Technician 1'999-2000 1994-1998 Collier County Sheriff's Office Student Clerk · Central Records-data entry/filing · Court Liason-data entry/working with deputies, state, attorneys -Certificates of Compktion: Coldfusion 5.0, Dream~eaver 4.0, Flash 5.0, Fire~orka 4.0 SAP Human Resources Subject Matter Expert - R3(ystera -Certificates of Completion: HR30S, HR050, HR350, HR580 SAP Security, Administrator Backup - R3system -Certificates of Complelion: BC400, BC600 Juvenile Security Administrator - VMS Operating System Mars Hill, NC Naples, FL and defense East Naples Substation-secretarial work/ created data entry formxzs/ translator for the Spanish public 1998-2001 Mars Hill College Mars Hill, NC ·B.S., Computer Science w/Concentration in Webmaster and Minor Criminal Justice 1996-1998 Edison Community College Naples, FL · A.A., Criminal Justice 1995-1996 JLW Vocational Technical Institute Naples, FL · Academy for Career Education-Law Enforcement (Top Scholastic A~vard) 1992-1996 Barton Collier High School Naples, FL · Gold Seal Scholar AC~.NDA · Golden Key Award-Outstanding Community Service · Cypress Masonic Lodge Scholarship FAX (239) 3S4-0246 E MAIL ADDRESS' LOVSWEETTE44~AOL.COM ~ i150 RESERVE WAY, APT. 302 · NAPLES, FLORIDA 34105 * PHONE (239) 43~-2~[[b ORGANIZATIONS/AFFILIATIONS TIME ORGANIZATION FACILITATOR(S) AWARDS/ HISTORY SPAN CERTIFICATES 2003- Hispanic Affairs Ramiro Manulich Advisory Board to The Parliamentarian, Present Advisory Board County following Roberts Commissioners Rules of Order 1996- East Naples Baptist Pastor Jeffrey Fletcher N/A Organist (2003)/ Present Church FAITH team member 1998-2001 Gamma Chi Epsilon Donna Green Most Social Historian, Social/Service Sorority/Most Comm. Pledge Mistress, Sorority Service Projects President 1999-2001 Student Government Dean Craig Goforth $500 Scholarship/each Executive Association year Secretary Mars Hill College 1998-2000 Assisted Living Dean Caldwell Scholarship money/ Residential Assis- Mars Hill College Shannon MeC~bom each semester rant for Stroup Domitory 1998-2000 Bailey Mountain Clog- Jay Ledford Scholarship money/ National Champi- gers Richard Dillingham each semester onship cloggers Mars Hill College 1994-1998 Collier County Sheriff Don Hunter Golden Key Award for Post President/ Sheriff's Explorers Sgt. Mansberger community service/C. Colonel - Com- C. School Board peted in 2 Nation- als 1992-1997 Cut Loose Cloggers Teri Layton Assistant Director Choreographer/ Camille Harris Instructor 1995-1996 Academy for Career Dr. Don Pratt Top Scholastic Award Community Education Program - Service/Law En- Introduction into Law forcement Train- Enforcement lng 1992-1996 Barron Collier High Mark Branson Most Improved Sopho- Marching, School Cougar Band Kelly Parker more Concert, & Symphonic Bands 1993-1995 Ban-on Collier High Col. Coker Received 3 medals- Adventure School JROTC Chief Rutizer two for leadership and Training, AGI~ND,~ 'itEl ,~-~t-de~ one Marksman- Drill Team/ [~ ~1'3, __.~./~ ....... ~hip medal First Sergeant March 31, 2003 Nk. Robert Gazdowicz Applications Development Manager Management Information Systems 3301 E. Tamiami Trail Bldg. F/5~ floor Naples, FL. 34112 Dear Mr. Robert GazdoXmZc: Please accept this letter as a request for approval to join the ColLier County, Revenue Commassion. The Hispanic Affairs Advisory, Board has nominated me to act as its representauve, while serving on the Revenue Commission. The Commission x¢_ll consist of nineteen members and its objectives include identif34ng the infrastructure requirements, governmental sermces, and commUmty needs of Collier County. Private and Public revenue sources will be studied and recommendations will be reported to the Board of County. Commissioners annually. In n__9_o way will my service have anv effect on my work ethic or job functions for the Clerk's M2S Department where I am employed. The Colher County Clerk of the Circuit Court's principles and interests w/ll remain greater than any commUmty sen'ice opportumties available to me. I am grateful for fins nomination by my peers and this opportunity to serve Coll/er CounD: Attached you will fred a document tided, "Resolution of the Collier County Board of County, Commissioners creating the Collier County Revenue comrmssion''. If you have any questions, please feel free to call me at 774-8875 or email me at Teresa. Nelson(~,clerk.colher. fl.us. Thank you for your time and consideration. Respectfully; Teresa Nelson Programmer Analyst II 1150 RESERVE WAY, APT. 302- NAPLES, FL · 34105 PHONE: 239-4-34-2969 AC.~NDA ITEM Board of County Commissiouers 3301 East Tamiami Trail Naples, FL, 34112 (941) 774-8(197 }tax: (941) 774-3602 Application for Advisory Committees/Boards Fax No. ZI q. ~A · - ~ Bus.ess Phone: Board or Committee Applied for: Example: Comml~lon DIs~ie~ Develooer. enviranmeu~li.st, Are you a r~tered voter ~ Collier Count: Do you currently hold public o~ce? Yes I r so, ~hat is that DO you now serve, or have you ever served, on a Collier County. board or committee? Yes If ye~, pie,se list the committees/boards.' No ~' Please Ii.st your community activities (civic clubs, neighborhood associations, etc. and positions Board of Coumy Commissiot~tm, $$01 £a~l ~'ami~t~ Tr~g Ivapte~, FL $411Z l. f yog ya~$~, l~lease fcic your a~pliem~ ~-mail to II~el~lson(-a3eol~ert, m,.n~. T~ank you fot ~olttm~erlng to ser~e file citltatn$ af Collier (.'o~t~ Donna Fiala District 1 Frank Hslas District 2 Tom Hennin9 District 3 Fred W. Coyte District a, Jim Co[~t'ta Dtsltict .5 3301 Eas! Tamiam[ Trail · Na~31es, l~]orida 3~112 - 4977 (23~) 774-8097 · Fax (2.39) 774-3602 March 17, 2003 ;Mr. Joseph Dinunzio, Chairman Naples Area Hotel/Motel Association 2555 0th Street No,th Naples, FL 34120 RE: Collier County Revenue Commission Dear Mr. Dinunzio' While convened in regular session on Tuesday, March 11, 2003 the Board of County Commissioners adopted Resolution No. 2003-I 18, creating the Collier County Revenue Commission to explore alternative revenue sources tbr meeting the County's numerous and varied needs. This ad hoc committee will allow participation from a broad spectrum of community leaders and stakeholders in a lxocess that identifies the County's various fiscal needs. Your committee/ organization has bccn selected to nominate one representative to serve on the Revenue Commission. Please have your representative complete the enclosed application and return it within 41 days or as soon as possible. I have also enclosed a copy of the Resolution 2003-118 for your review and information. The committee will consist of 19 members and the I~ctions will be to idemify the infrastructure requirements, governmental service and community needs of Collier County. Tlmy will explore both private and public revenue sources to meet lhese needs, and will submit written fmd~gs and recommendations annually to the Board of Cotmty Commissioners. Tlm.nk you for your interest in County Government. SF Enclosures yours, · Sue Filson, Executive Manager to BCC Board of County Commissioners Board of County Commissioners 3301 East Tamiami Tra~l Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Nam,: Home Address: Fax No. ~'q'~'- ~-,~ ~ (-, Business Phone: Business: /Lff~7/,E~_~ e-mail address: Board or Committee Applied for:~./C~/~/~-/~ ~'~'~,,~,~ ~V~/vf~' ~/~7 / ~-(~ fy/ Category(ifapplicable): ~o'~a-ftt/tf)/ ~°~,o~t'["l"~'~ ~c~-g'~5~'f,4T'TV'E Example: Commission District. Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes ~/ No Do you currently hold public office? Yes No ~' If so, what is that office? Do you now serve, or have you ever served, on a Collier Couhty board or committee? Yes ~ No Ify~s, please list the committees/boards: (.~Z./--[~',~' · ' ~'lt'a3 "l~q¢ ~s Please list your community activities (civic clubs, neighbor~hood associations, etc. and positions held: /~,~c,f~'/El-y ~.'~i~/~',~C /~ff:~C2t'/~"'tO~V~ O~ ~.'~H /~g~ Education: '~ ~ ~o~ta~ ~ ~i~ ~/Ve~S ~, ~'~ ~ffa~S.. P~K' Experience: Please attach any additional information you feel pertinenr This application should be forwarded to Sue Filson, Exe~utive Manager to the o/ , ,o. .,,,. ,o., ,,,' e-mail to suefdson~.¢olliergov, net. Thank you for volunteering to serve tke citiztns of Coil~r Com~tY. 1~:08 Mar-21-03 Mar-21-03 13:09 P.02 gl' AGENDA ITEM 04/06/19~6 05:49 94J.-592-69~[1 JOE ~OR~N PHONE NO. ' ~D~8~0 Board of County Commissioners 3301 Eas~ T~minmi Trail Naple~, FL 34~12 (94I) 774-~097 Fax: (941) 774-3602 Application for Advisory Cmnmittees/Boards Board or Commitlce Applied for; ']:~ o Va ~t ¢ a. ~ a ~ la<j.__~5 t ~ % CategoD' (if applicable): ~(D i~ ~C~5 ~~[ Are you a registered voter in Collier CounW: Yes ~ No Do you currently hold public o~ce? Yea No ~ If~o, what ts t~at office? ~ Do you ~ow serve, ~r have you ever served, on a Collier County board or coolmitleg? Yea If yes, please }bt the commit~ee~bozrds: no ~/ Please list 3, our cummuni~' activities (civic clubs, neighborhood associations, etc. and positiorts '?'- , .-.~.L ~i~-~ ?t~~~ L°~+~,~ ~.,_ ~,..~o~. 9 Pl~se altactt arty additianal i~Wnrmation 2ou foel pcnin~na Th~ appflc~n should be f~ardtd ~ S~e Ftlaon, ~c~u,,,-~ ~} ~-~ B~M of Coun(r Comm~;lon~$, 3Jql ~ ra~a~ Trail, NaR/ea. FL J~212. If)au wti. h. ;l~-ef~ you~ ~plicatMn to ~41)~&J6~2 ar Page 1 of, fl,' Samuel Moran From: To: Cc: Sent: Subject: "Samuel Moran" <joemomn@mindspring.com> <suefilson~colliergov.net> "Elaine Hamilton" <ehamilton~_,uaccollier. com> Sunday, April 13, 2003 7:21 PM. Revenue Commission Appointment Sue, I am taxing you my completed Application for Re Revenue Commission this evening (April 13), as the United Arts Council's initial representative, as Elaine Hamilton has indicated. If you have any questions for me, I'll be happy to respond. Thank you. Sincerely, Joseph Moran 4/13/03 EXECUTIVE SUMMARY,. APPOINTMENT OF MEMBER(S) TO THE LIVINGSTON ROAD BEAUTWICATION MSTU ADVISORY COMMITTEE OBJECTIVE: To appoint 3 members representing the MSTU, with the terms expiring on February 12, 2006, on the Livingston Road Beautification MSTU Advisory Committee CONSIDERATION ,,S.,: The Livingston Road Beautification MSTU Advisory Committee was established on December 11, 2001 by Ordinance No. 2001-76 as amended. This 5-member committee will aid and assist the BCC in carrying out the purposes of thc MSTU, to prepare and recommend to thc BCC an itemized budget for thc MSTU and recommend work programs and priorities to thc County Manager. Members must be permanent residents within the MSTU. After initial appointments, terms will bc 4 years. Ordinance 03-12 increased the membership from 5 to 7 members, excluded Grey Oaks and included property owners or appointed representatives of property owners of Brynwood Preserves and Landscape Florida. A list of the current membership is included in the backup. Mr. Thomas W. Sansbury resigned on January 30, 2003 and we current have 2 new positions for a total of 3 vacancies. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIS__...J.T .ELECTOR ADV. COMM. I 4 i Yes [None John Down t Kensington 4 Yes None Charles W. Zirm Kensington Nancy K. Black Brynwood Preserves I 3 Yes ] None Scott L. Girard Landscape Florida I 3 ! Yes ~ None COMMITTEE RECOMMENDATION: No Recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 3 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepal Id By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JUNE 10, 2003 Livingston Road Beautification MSTU Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Charles V. Douglas, Jr. 324 Edgemere Way, East 435-1q82 Naples, FL 34105 District: 3 Category: MSTU District - Wyndemere Thomas W. Sansbury , rd 493-6800 Mr. District: 4 Category: MSTU District - Grey Oaks Mr. William D. Confoy 643-0001 167 Via Napoli 262-0802 Naples, FL 34105 District: 3 Category: MSTU District - Wyndemere Mr. Lucius B. Lackore 356 Edgemere Way, North 434-6280 Naples, FL 34105 District: 3 Category: MSTU District - Wyndemere Mr. Dexter R. Groose 659-0489 5202 Kensington High Street 659-0389 Naples, FL 34105 District: 4 Category: MSTU District - Kennsington 02/12/02 02/12/04 2 Years 02/12/02 02/12/05 3 Years 02/12/02 02/12/06 4 Years 02/12/02 02/12/05 3 Years 02/12/02 02/12/04 2 Years Tuesday, May 20, 2003 Page 1 of 2 Livingston Road Beautification MSTU Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created on December 11, 2001 by Ordinance No. 2001-76 to aid and assist the Board of County Commissioners in carrying out the purposes of the MSTU, to recommend to the Board of County Commissioners an itemized budget, and to recommend work programs and priorities to the County Manager or his designee. On 11/19/02 the BCC amended with Ord. No. 2002-62 to increse membership from 5 to 9 with 3 members from ea of the communities of Wydemere, Grey Oaks and Kensington. Amended by Ordinance No. 2003-12 to increase membership from 5 to 7 and to exclude Grey Oaks and to include property owners or appointed representatives of property owners of Brynwood Preserves and Landscape Florida. Terms are 4 years. FL SE4 T Staff' Edward J. Kant, Transportation Operations Director. 774-8494 Tuesday, :}la), 20, 2003 Page 2 of 2 MEMORANDUM DATE: TO: FROM: May 20, 2003 Elections Office e~ Sue Filson, Executive Manag Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointmem to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. LIVINGSTON ROAD MSTU ADV COMM John Dowd 2999 Gardens Boulevard Naples, FL 34105 Charles W. Zinn 3035 Lancaster Drive, #3 Naples, FL 34105 Nancy lC Black 12929 Brynwood Way Naples, FL 34105 Scott L. Girard 50 Golf Cottage Drive Naples, FL 34105 COMMISSION DISTRICT Thank you for your help. ~ECE!VEfi DATE: TO: FROM: MEMORANDUM May20,2003 Bob Petersen, Project Manager, ~cape Maintenance Sue Filson, Executive Manager/k~ t Board of County Commissioners Livingston Road Beautification MSTU Advisory Committee As you know, we currently have 3 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: John Dowd 2999 Gardens Boulevard Naples, FL 34105 Charles W. Zinn 3035 Lancaster Drive, #3 Naples, FL 34105 Nancy K. Black 12929 Brynwood Way Naples, FL 34105 Scott L. Girard 50 Golf Cottage Drive Naples, FL 34105 Please let me know, in writing, the recommendation for appointmem of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments No. 239 434 0979 P. OCl/O01 1 ::239 40~ 7074 p. 1 Board of County Commissioners~.!h~ ~ "3 ZOt]3 (94 ] ) ~4-~ 7 ~~, F~: (941) 77~ ~~".' ~ ;f/ Application for Advisory Committees/Boards ~ you a reg~terod v~ iu ColOr ~oun~: Yes. ~ No .... Do you ~u~atl)' Ple~ list your community acti~tle.n (civic clubs, neighborhood associations, etc. astd positions held: Ex~e~Jcoce: . · 05/01/2003 14:3B 9414033984 LANDSC.-~PE FLORIDA PAGE 02,/02 Board of County Commissioners 3301 East Tamiami Tra/1 Naples, FL 3,,1.12 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committees/Boards Name: Scott L. Girard Home Phone: 649-1316 Home Address: 50 Golf Cottaze Drive,_Naples. FL Zip Code: 34105 Fax No. 643-6413 Business Phone: 643-6124 e-mail address: s~irard~landscat~eflorida, com Business: President, Landscape Florida, 2770 Eatonwood Lane, Naples. FL 34105 Board or Committee Applied for: L. ivi,tgston Road MSTUZ_~ Category (if applicable): Example, Commission District, Developer, envkonmcntalist, layperson, crc. Are you a registered voter in collier County?: Yes X No Do you currently hold public office? Yes No X If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the committees/boards: Applied for Beautification Board in 2001 No X Please list associations, In. stitute. your community activities (civic etc. and positions held: CBIA, ASLA, JILA, clubs, neighborhood Construction Certification Education: B.S. Environmental Design Experience: 30 years with Walt Disne~ Com. panF - served as Director of Planning & Lam'lscape Architecture Worldwide for Disne% Accomplished a number of projects in Middle East & East Africa with the U.N. Dev. pro,~ram, World Bank & IMF, (International Monetar~ Fund). Ple~sc =ttach any' ~ddJdtmal ~lformation you £ed pcrdrle-ot. Tilts ~pplt'~tioo should I~ t'otwarded to Sue Pilsoo, .Executiv~ ~ Co~. NO. Board ol' (' ountv C;omnli~,ioners · ' . .'::, :C': 4 '':~'=-'~'~ :' ~ C NAples. Fl. J~ I l Z A pplical'i()n ...: CA A=, co. for Advisory ( :on; mittees/Boa rds Fax No..~.2 -/~.Z Susiaffs Phone: e.-m~il address: CA~e~,ory (if applica~lr): - Are you = rqlstm'ed voler im Collier CouaI~: Ye ~ ~ you curreally hold pubic o~ce? Y~ No If w, whot Is ~.t ~?. I)u )'au mew Mr~e. ur huyc you ever ~ed, afl a Collh~r CQun~ board or committmP If y~s, pica~ |lit Y. he cummltt~s/tmards: , Please list your commu,ity acti~tics (civic clubs, n~ijh, borhood, uso~.atious. ~c. a~ ~si~oas Eduction:_ _l Board of County Commissioners - 3301 East Tamlami Trail Naples, FL 34112 Fax: (941) 774-3602 Application for Advisory Committees/Boards Zip Code: ,-'~(-//O .~' Board or Committc~ Applied for: /-./~'/,t/ Calegory (ii'applicable): /./~'_/y Arc you n registered voter in Collier County: Yes ~No Dn you currently hold puldic oft]cc? lFsu, what i~ thnt Do you now ~ervt., or havu you evur .~crved, on a Chiller Cuunt), board or committee? Yes lfyen, please [ilttl thu cummiltee.~/bonrd~: ~'/If ,~=~1 C_ J No Please list your community activities (civic dui:s, neighborhood associations, etc. and positions held: EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY CITIZla~NS CORPS OBJECTIVE: To confu-m the appointment of 1 member representing the Collier County Sheriff's Office to fulfill the remainder ora vacant term expiring on November 5, 2005. CONSIDERATIONS: This 11 member committee was established on November 5, 2002 by Ordinance No. 02-56 to provide information to the citizens of Collier County and to act as a coordinating agency for the enhancement of activities that support emergency services, law enforcement and disaster prevention, preparedness and response. The committee will assist in the recruitment of volunteers by publicizing and expanding existing community programs such as: Medical Reserve, Neighborhood Watch, Community Emergency Response Teams, Volunteers In Police Service & other public safety and law enforcement programs. They will also facilitate communication between Collier County & State & Federal agencies on mitigation activities as well as to enable Collier County to identify outside resources such as grants, training opportunities and equipment. A list of the current membership is included in the backup. Robert N. Burhans representing Neighborhood Watch/Sheriff's Office resigned on May 29, 2003. Scott L. Salley's name has been submitted as Mr. Burhans replacement representing the Sheriff's Office. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NON'E RECOMMENDATION: That the Board of County Commissioners accept Robert Burhans resignation, confirm the appointment Schott L. Salley and, direct the County Attorney to prepare a resolution confa'ming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JUNE 10,2003 Collier County Citizens Corps Name Ms. Carol Holle Pahi 2501 Sailors Way Naples, FL 34109 District: Work Phone Appt'd E&~. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 774-8999 597-3759 11/05/02 Category: Ms. Deborah Horvath 3060 Round Table Lane Naples, FL 34112 District: Category: American Red Cross Community Emergency Response Team CERT 596-6868 11/05/02 775-8668 Mr. Robert Rohland 825 Ketch Drive, #203 Naples, FL 34103 District: Category: Salvation Army 775-9447 11/05/02 434-0834 Ms. Nelda Miller 2463 10th Street, North Naples, FL 34103 District: Category: Collier Emergency Response Volunteers CERV Captain Tom Kuznar 8063 Palomino Drive Naples, FL 34113 District: Category: Civil Air Patrol CAP 2634205 11/05/02 26141642 11/05/02 272-4805 775-3798 Mr. James H. Elson 860-0009 680 8th Avenue, L outh 434-2652 Naples, FL 34102 District: Category: Collier County Veterans Council 11/05/02 11/05/06 4 Years 11/O5/06 4 Years 11/05/06 4 Years 11/05/05 3 Years 11/05/06 4 Years 11/05/06 4 Years Wedn~day, January 15, 2003 Page 1 of 3 Collier County Citizens Corps }Fork Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Charles E. Graves 598-7586 1280 Wildwood Lakes Blvd, Apt 104 354-0904 Naples, FL 34]04 District: Category: Business & Industry (Chamber) Chief Don Peterson 455-2121 2996 44th Terrace, S.W. 455-3015 Naples, FL 34116 District: Category: Collier County Fire Chiefs Association Mr. Walter R. Jaskiewicz 420 South Barfield Drive Marco Island, FL 34145 District: Category: Coast Guard Auxiliary 389-0723 Mr. Gerald Sugarman 597-5444 816 Bentwood Drive 597-5444 Naples, FL 34108 District: Category: Retired Senior Volunteer Program RSVP Mr. Robert Burhans 7744434 3301 E. Tamiami Trail Naples, FL 34112 District: Category: Collier County Neighborhood Watch 11/05/02 11/05/02 11/05/02 01/14/03 11/05/02 11/05/05 11/05/05 11/05/05 11/05/05 11/05/05 3 Years 3 Years 3 Years 3 Years 3 Years Wedn~day, January 15, 2003 Page 2 of 3 Collier County Citizens Corps Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 11 member committee was established on November 5, 2002 by Ordinance No. 02- to provide information to the citizens of Collier County and to act as a coordinating agency for the enhancement of activities that support emergency services, law enforcement and disaster prevention, preparedness and response. The committee will assist in the recruitment of volunteers by publicizing and expanding existing community programs such as: Medical Reserve, Neighborhood Watch, Community Emergency Response Teams, Volunteers In Police Service & other public safety and law enforcement programs. They will also facilitate communication between Collier County & State & Federal agencies on mitigation activities as well as to enable Collier county to identify outside resources such as grants, training opportunities and equipment. FL STAT President through the Office of Homeland Security Staff: Jim von Rinteln, Emergency Management Department: 774-8444 Wednesday, January. 15. 2003 Page 3 of 3 Collier County, Florida EMERGENCY MANAGEMENT DEPARTMENT 3301 Tamiami Trail East Building F,1sT Floor Naples, Florida 34112 (239) 774-8444 FAX (239) 775-5008 MEMORANDUM DATE: TO: May 22, 2002 Sue Filson, Executive Manager, Collier County BCC FROM: SUBJECT: Jim v~t~a P~fi~. In, Emergency Management Coordinator Replacement Member Nomirlation for the Citizen Corps Advisory Committee In consideration of the resignation of Bob Burhans as the Collier County SherifFs Office member of the Collier County Citizen Corps Advisory Committee, the following nomination is made for his replacement: Mr. Scott L. Salley (Application Attached). Thank you, if you have any questions please contact me at 774-8911. May29,2003 Board of County Commissioners Collier County, Florida Re: Citizens Corps Advisory Council In the interest of effective represent~/tion of the Collier County Sheriffs Office to the Citizens Corps Advisory Council, I deem it appropriate to withdraw from membership to that body. Accordingly, please accept my resignation effective immediately. Respectfully, Robert N. Burhans 'q'h~ duty of the Collier County Sheriff's Office is to preserve and protect the ",ives, property and constitutional guarantees of ail persons." TOTAL P. Board of Co~W. Commissioners Fa_x: (941) 774-M(r~ Da yOU £ow' $c,~v% or haw you ~ ~,vt~t, on s Col~x Corn',fy boar~ ar com~ittc~? ¥~ I8t t/aa e.,aal~-'aees/boards.: _ _ NO _~ ffye'~; ~Plen.,)c list yo,t~_ ~o _mmuni~y, activit~es (civic eimbt, a ,ei~bborl)~md associatiom% ere. and htt'p ://colliergov. net/goWapp.htm Boa.~ of Cotmvl CommissiOr~rs Page 2 htt~ ://colliergov.net/goV/al~p.h~n EXECUTIVE SUMMARY APPOINTMENT OF COMMISSIONERS TO SERVE ON THE VALUE ADJUSTMENT BOARD AND SET TENTATIVE DATES FOR THE HEARINGS OBJECTIVE: To appoint 3 members (County Commissioners) and 2 alternates to serve on the Value Adjustment Board CONSIDERATIONS: Each year 3 County Commissioners and 2 School Board members are chosen to serve on this Board to hear appeals on property appraisals. It is suggested that tentative dates for the hearings be established as Tuedsay, October 7, Wednesday, October 8, Thursday, October 9, and Monday, October 13, 2003. The hearings will begin at 9:00 a.m. NOTE: Florida Statute 194.035, "Special masters; property evaluators" states: (1) In counties having a population of more than 75,000, the board shall appoint special masters for the purpose of taking testimony and making recommendation to the board, which recommendations the board may act upon without fia'ther hearing. Such special master may not be elected or appointed officials or employees of the county but shall be selected fi.om a list of those qualified individuals who are willing to serve as special masters. Employees and elected or appointed officials of a taxing jurisdiction or of the state may not serve as special masters. The clerk of the board shall annually notify such individuals or their professional associations to make known to them that opportunities to serve as special masters exist. The Department of Revenue shall provide a list of qualified special masters to any county with a population of 75,000 or less. Subject to appropriation, the department shall reimburse counties with a population of 75,000 or less for payments made to special masters appointed for the purpose of taking testimony and making recommendations to the value adjustment board pursuant to this section. The department shall establish a reasonable range for payments per case to special master based on such payments in other counties. Requests for reimbursement of payments outside this range shall be justified by the County. If the total of all requests for reimbursement in any year exceeds the amount available pursuant to this section, payments to all counties shall be prorated accordingly. A special master appointed to hear issues of exemptions and classifications shall be a member of The Florida Bar with no less than 5 years' experience in the area of ad valorem taxation. A special master appointed to hear issues regarding the valuation of real estate shall be a state certified real estate appraiser with not less than 5 years' experience in real property valuation. A special master appointed to hear issues regarding the valuation of tangible personal property shall be a designated member of a nationally recognized appraiser's organization with not less than 5 years' experience in tangible personal property valuation. AGENDA ITEM NO. ..... Pg.-4- A special master need not be a resident of the county in which he or she serves. No special master shall be permitted to represent a person before the board in any tax year during which he or she has served that board as a special master. The board shall appoint such masters from the list so compiled prior to convening of the board. The expense of hearings betbre special masters and any compensation of special masters shall be borne three-fifths by the board of county commissioners and two-fffihs by the school board. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners appoint 3 members and 2 alternates to serve on the Value Adjustment Board, authorize the Executive Manager to BCC to contact the School Board to request the names of their representatives, and tentatively set Tuesday, October 7, Wednesday, October 8, Thursday, October 8, and Monday, October 13, 2003, as the hearing dates for the Value Adjustment Board. Prepared By: Date: Sue Filson, Executive Manager June 10, 2003 AGENDA ITEM JUN ;s->View Statutes: flsenate.gov rage fisenate.gov Select Year: Welcome Session Committees Senators Search Statutes Constitution Information Center Laws of Florida L~bbyist Information Order The 2002 Florida Statutes Title XlV C~ TAXA'T'JON AND ADMINISTRAT[VE AND .]UDIC/AL REV[EW OF FINANCE PROPERTY TAXES View Entire Chapter CHAPTER 194 ADMINISTRATIVE AND 3UDZCIAL REVIEW OF PROPERTY TAXES PART ! ADMINISTRATTVE REVIEW (ss. 194.011-194.037) PART I! 3UDIC~AL REVIEW (ss. 194.171-194.231) PAR'I: iii ASSESSMENT: PRESUMPTION OF CORRECTNESS ($. 194.301) PART ! ADMINTSTRATIVE REVIEW 194.011 Assessment notice; objections to assessments, 194,013 Filing fees for petitions; disposition; waiver. 194,015 Value adjustment board. 194.032 Hearing purposes; timetable, 194.034 Hearing procedures; rules. 194.035 Special masters; property evaluators. 194.036 Appeals. 194.037 Disclosure of tax impact. 194.011 Assessment notice; objections to assessments.-- (1) Each taxpayer whose property is subject to real or tangible personal ad valorem taxes shall be notified of the assessment of each taxable item of such property, as provided in s. 200.069. http://www.f]scnatc.gov/statutesFmdcx.c~m?~np_modc=Display_St~tutc&Ul~d.=CbO..~ 194/c... $/30/2003 AGENDA ITEM statutes->View Statutes: flsenate.gov Page 2 of l 1 (2) Any taxpayer who objects to the assessment placed on any property taxable to him or her may request the property appraiser to informally confer with the taxpayer. Upon receiving the request, the property appraiser, or a member of his or her staff, shall confer with the taxpayer regarding the correctness of the assessment. At this informal conference, the taxpayer shall present those facts considered by the taxpayer to be supportive of the taxpayer's claim for a change in the assessment of the property appraiser. The property appraiser or his or her representative at this conference shall present those facts considered by the property appraiser to be supportive of the correctness of the assessment. However, nothing herein shall be construed to be a prerequisite to administrative or judicial review of property assessments. (3) A petition to the value adjustment board must be in substantially the form prescribed by the department. Notwithstanding s. 195.022, a county officer may not refuse to accept a form provided by the department for this purpose if the taxpayer chooses to use it. A petition to the value adjustment board shall describe the property by parcel number and shall be filed as follows: (al The property appraiser shall have available and shall distribute forms prescribed by the Department of Revenue on which the petition shall be made. Such petition shall be sworn to by the petitioner. (b) The completed petition shall be filed with the clerk of the value adjustment board of the county, who shall acknowledge receipt thereof and promptly furnish a copy thereof to the property appraiser. (c) The petition shall state the approximate time anticipated by the taxpayer to present and argue his or her petition before the board. (d) The petition may be filed, as to valuation issues, at any time during the taxable year on or before the 2$th day following the mailing of notice; bY the property appraiser as provided in subsection (:1). With respect to an issue involving the denial of an exemption, an agricultural or high-water recharge classification application, an application for classification as historic property used for commercial or certain nonprofit purposes, or a deferral, the petition must be filed at any time during the taxable year on or before the 30th day following the mailing of the notice by the property appraiser under s. 193.461, s. 193.503, s. 193.625, or s. :196.193 or notice by the ta× collector under s. :197.253. (el A condominium association, cooperative association, or any homeowners' association as defined in s. 723.075, with approval of its board of administration or directors, may file with the value adjustment board a single joint petition on behalf of any association members who own parcels of property which the property appraiser determines are substantially similar with respect to !ocation, proximity to amenities, number of rooms, living area, and condition. The condominium association, cooperative association, or homeowners' association as defined in s. 723.075 shall provide the unit owners with notice of its intent to petition the value adjustment board and shall provide at least 20 days for a unit owner to elect, in writing, that his or her unit not be included in the petition, (f) An owner of contiguous, undeveloped parcels may file with the value adjustment board a single joint petition if the property appraiser determines such parcels are substantially similar in nature. (gl The individual, agent, or legal entity that signs the petition becomes an agent of the taxpayer for the purpose of serving process to obtain personal jurisdiction over the taxpayer for the entire value adjustment board proceedings, including any appeals of a board decision by the property appraiser pursuant to s. :194.036. (4)(al At least :10 days before the hearing, the petitioner shall provide to the property apl~rai .~. list of evidence to be presented at the hearing, together with copies of all documentation t~o be'~2- ~-1-~ - considered by the value adjustment board and a summary of evidence to be presented by~ ~. I~,, , ~ ~,~, witnesses. http ://www.fl senate.gov/statutes/index.cfrn? App_rnode=Display_Statute&URL=ChO 194/cL....sJ3b/2 03-~~ statutes->View Statutes: flsenate.gov Page 3 of 11 (b) No later than 5 days after the petitioner provides the information required under paragraph (a), the property appraiser shall provide to the petiUoner a list of evidence to be presented at the hearing, together with copies of all documentation to be considered by the value adjustment board and a summary of evidence to be presented by witnesses. The evidence list must contain the property record card if provided by the clerk. (5) The department shall by rule prescribe uniform procedures for hearings before the value adjustment board which include requiring: (a) Procedures for the exchange of information and evidence by the property appraiser and the petitioner consistent with s. 194.032; and (b) That the value adjustment board hold an organizational meeting for the purpose of making these procedures available to petitioners. History.--s. 25, ch. 4322, 1895; GS 525; s. 1, ch. 5605, 1907; ss. 23, 66, ch. 5596, 1907; RGS 723, 724; CGL 929, 930; s. 1, ch. 67-415; ss. 1, 2, ch. 69-55; s. 1, ch. 69-140; ss. 21, 35, ch. 69-106; s. 25, ch. 70-243; s. 34, ch. 71-355; s. 11, ch. 73-172; s. 5, ch. 76-133; s. 1, ch. 76- 234; s. 1, ch. 77-102; s. 1, ch. 77-174; s. 2, ch. 78-354; s. 36, ch. 80-274; s. 13, ch. 82-208; ss. 8, 55, 80, ch. 82-226; s. 209, ch. 85-342; s. 1, ch. 86-175; s. 1, ch. 88-146; s. 143, ch. 91-1:12; s. 1, ch. 92-32; s. 977, ch. 95-147; s. 6, ch. 95-404; s. 4, ch. 96-204; s. 3, ch. 97-117; s. 2, ch. 2002-18. Note.--Former s. 193.25. 194.013 Filing fees for petitions; disposition; waiver.-- (1) If so required by resolution of the value adjusdment board, a petition filed pursuant to s. 194.011 shall be accompanied by a filing fee to be paid to the clerk of the value adjustment board in an amount determined by the board not to exceed $15 for each separate parcel of property, real or personal, covered by the petition and subject to appeal. However, no such filing fee may be required with respect to an appeal from the disapproval of homestead exemption under s. 196.151 or from the denial of tax deferral under s. 197.253. Only a single filing fee shall be charged under this section as to any particular parcel of property despite the existence of multiple issues and hearings pertaining to such parcel. For joint petitions filed pursuant to s. L94.011(3)(e) or (f'), a single filing fee shall be charged. Such fee shall be calculated as the cost of the special master for the time involved in hearing the joint petition and shall not exceed $5 per parcel. Said fee is to be proportionately paid by affected parcel owners. (2) The value adjustment board shall waive the filing fee with respect to a petition filed by a taxpayer who demonstrates at the time of filing, by an appropriate certificate or other documentation issued by the Department of Children and Family Services and submitted with the petition, that the petitioner is then an eligible recipient of temporary assistance under chapter 414. (3) Ail filing fees imposed under this section shall be paid to the clerk of the value adjustment board at the time of filing. If such fees are not paid at that time, the petition shall be deemed invalid and shall be rejected. (4) All filing fees collected by the clerk shall be allocated and utilized to defray, to the exte~ the costs incurred in connection with the administration and operation of the val~e NO. __..,~) possible, adjustment board. History.--s. 19, ch. 83-204; s. 210, ch. 85-342; s. 2, ch. 86-175; s. 4, ch. 86-300; s. 2, 146; s. 144, ch. 91-112; s. 55, ch. 96-175; s. 18, ch. 99-8; s. 3, ch. 2000-262. i r~,. ---~)~- 194.015 Value adjustment board.--There is hereby created a value adjustment board for each county, which shall consist of three members of the governing body of the county as elected from http://www.flscnate.gov/statutes¥indcx, cfm?App_mode=Display_Statutc&UKL=Ch0194/c... 5/30/2003 statutes->View Statutes: flsenate.gov Page 4 of 11 the membership of the board of said governing body, one of whom shall be elected chairperson, and two members of the school board as elected from the membership of the school board. The members of the board may be temporarily replaced by other members of the respective boards on appointment by their respective chairpersons. Any three members shall constitute a quorum of the board, except that each quorum must include at least one member of said governing board and at least one member of the school board, and no meeting of the board shall take place unless a quorum is present. Hembers of the board may receive such per diem compensation as is allowed by law for state employees if both bodies elect to allow such compensation. The clerk of the governing body of the county shall be the clerk of the value adjustment board. The office of the county attorney may be counsel to the board unless the county attorney represents the property appraiser, in which instance the board shall appoint private counsel who has practiced law for over 5 years and who shall receive such compensation as may be established by the board. No meeting of the board shall take place unless counsel to the board is present. However, counsel for the property appraiser shall not be required when the county attorney represents only the board at the board hearings, even though the county attorney may represent the property appraiser in other matters or at a different time. Two-fifths of the expenses of the board shall be borne by the district school board and three-fifths by the district county commission. History.--s. 2, ch. 69-140; s. 1, ch. 69-300; s. 26, ch. 70-243; s. 22, ch. 73-172; s. 5, ch. 74- 234; s. 1, ch. 75-77; s. 6, ch. 76-133; s. 2, ch. 76-234; s. :1, ch. 77-69; s. 145, ch. 91-112; s. 978, ch. 95-147. 194.032 Hearing purposes; timetable.-- (1)(a) The value adjustment board shall meet not earlier than 30 days and not later than 60 days after the mailing of the notice provided in s. 194.011(1); however, no board hearing shall be held before approval of all or any part of the assessment rolls by the Department of Revenue. The board shall meet for the following purposes: 1. Hearing petitions relating to assessments filed 'p~Jrsuant to s. 194.011(3). 2. Hearing complaints relating to homestead exemptions as provided for under s. 196.151. 3. Hearing appeals from exemptions denied, or disputes arising from exemptions granted, upon the filing of exemption applications under s. 196.011. 4. Hearing appeals concerning ad valorem tax deferrals and classifications. (b) Notwithstanding the provisions of paragraph (a), the value adjustment board may meet prior to the approval of the assessment rolls by the Department of Revenue, but not earlier than .July 1, to hear appeals pertaining to the denial by the property appraiser of exemptions, agricultural and high-water recharge classifications, classifications as historic property used for commercial or certain nonprofit purposes, and deferrals under subparagraphs (a)2., 3., and 4. In such event, however, the board may not certify any assessments under s. 193.:122 until the Department of Revenue has approved the assessments in accordance with s. 193.:1142 and all hearings have been held with respect to the particular parcel under appeal. (c) In no event may a hearing be held pursuant to this subsection relative to valuation issues prior to completion of the hearings required under s. 200.065(2)(c). (2) The clerk of the governing body of the county shall prepare a schedule of appearances .fi~f6rg~',r~JDA ITEM the board based on petitions timely filed with him or her. The clerk shall notify each petition.er the scheduled time of his or her appearance no less than 20 calendar days prior to the day c~f scheduled appearance. Upon receipt of this notification, the petitioner shall have the right tq~ i: :,! ~. ~.~"~ reschedule the hearing a single time by submitting to the clerk of the governing body of the county a written request to reschedule, no less than 5 calendar days before the day of the ~ P~ /z~ .- originally scheduled hearing. A copy of the property record card containing relevant informal~o~n-- ~" -'~ used in computing the taxpayer's current assessment shall be included with such notice, if sam~- card was requested by the taxpayer. Such request shall be made by checking an appropriate box http://www, flsenate.gov/statutes/index.cfrn?App_mode=Display_Statute&URL=Ch0194/c... 5/30/2003 statutes->View Statutes: flsenate.gov Page 5 of 11 on the petition form. No petitioner shall be required to wait for more than 4 hours from the scheduled time; and, if his or her petition is not heard in that time, the petitioner may, at his or her option, report to the chairperson of the meeting that he or she intends to leave; and, if he or she is not heard immediately, the petitioner's administrative remedies will be deemed to be exhausted, and he or she may seek further relief as he or she deems appropriate. Failure on three occasions with respect to any single tax year to convene at the scheduled time of meetings of the board shall constitute grounds for removal from office by the Governor for neglect of duties. (3) The board shall remain in session from day to day until all petitions, complaints, appeals, and disputes are heard. If all or any part of an assessment roll has been disapproved by the department pursuant to s. 193.1142, the board shall reconvene to hear petitions, complaints, or appeals and disputes filed upon the finally approved roll or part of a roll. History.--s. 4, ch. 69-140; ss. 21, 35, ch. 69-106; s. 27, ch. 70-243; s. 12, ch. 73-172; s. 6, ch. 74-234; s. 7, ch. 76-133; s. 3, ch. 76-234; s..1, ch. 77-174; s. 13, ch. 77-301; ss. 1, 9, 37, ch. 80-274; s. 5, ch. 81-308; ss. 14, 16, ch. 82-208; ss. 9, 11, 23, 26, 80, ch. 82-226; ss. 20, 21, 22, 23, 24, 25, ch. 83-204; s. 146, ch. 91-112; s. 979, ch. 95-147; s. 5, ch. 96-204; s. 4, ch. 97- 117; s. 2, ch. 98-52; s. 3, ch. 2002-18. 194.034 Hearing procedures; rules.-- Cl)(a) Petitioners before the board may be represented by an attorney or agent and present testimony and other evidence. The property appraiser or his or her authorized representatives may be represented by an attorney in defending the property appraiser's assessment or opposing an exemption and may present testimony and other evidence. The property appraiser, each petitioner, and all witnesses shall be required, upon the request of either party, to testify under oath as administered by the chairperson of the board. Hearings shall be conducted in the manner prescribed by rules of the department, which rules shall include the right of cross-examination of any wit-ness. .. Cb) Nothing herein shall preclude an aggrieved taxpayer from contesting his or her assessment in the manner provided by s. 194.171, whether or not he or she has initiated an action pursuant to s. 194.011. (c) The rules shall provide that no evidence shall be considered by the board except when presented during the time scheduled for the petitioner's hearing or at a time when the petitioner has been given reasonable notice; that a verbatim record of the proceedings shall be made, and proof of any documentary evidence presented shall be preserved and made available to the Department of Revenue, if requested; and that further judicial proceedings shall be as provided in s. 194.036. (d) Notwithstanding the provisions of this subsection, no petitioner may present for consideration, nor may a board or special master accept for consideration, testimony or other evidentiary materials that were requested of the petitioner in writing by the property appraiser of which the petitioner had knowledge and denied to the property appraiser. (e) Chapter 120 does not apply to hearings of the value adjustment board. (f} An assessment may not be contested until a return required by s. 193.052 has been filed. (2) In each case, except when a complaint is withdrawn by the petitioner or is acknowle. . 0e"d NDA' ITEM- correct bY the property appraiser, the value adjustment b°ard shall render a wr'tten dec;~°n'~[~][ _~:~ such decisions shall be issued within 20 calendar days of the last day the board is in session ddi:ler--- s. 194.032. The decision of the board shall contain findings of fact and conclusions of law'nd sha~l. include reasons for upholding or overturning the determination of the property appraiser. ~.)When-~ special master has been appointed, the recommendations of the special master shall be ~J considered by the board. The clerk, upon issuance of the decisions, shall, on a form provided b~' -- '--- the Department of Revenue, notify by first-class mail each taxpayer, the property appraiser;',~nd--~ .... the department of the decision of the board. http ://www.fl senate.gov/statUtes/index, cfm? App_mode=Di splay_Statute&URL=Ch0194/c... 5/30/2003 statutes->View Statutes: flsenate.gov Page 6 of 11 (3) Appearance before an advisor-/board or agency created by the county may not be required as a prerequisite condition to appearing before the value adjustment board. (4) A condominium homeowners' association may appear before the board to present testimony and evidence regarding the assessment of condominium units which the association represents. Such testimony and evidence shall be considered by the board with respect to hearing petitions filed by individual condominium unit owners, unless the owner requests otherwise. (5) For the purposes of review of a petition, the board may consider assessments among comparable properties within homogeneous areas or neighborhoods. (6) For purposes of hearing joint petitions filed pursuant to s. 194.011(3)(e), each included parcel shall be considered by the board as a separate petition. Such separate petitions shall be heard consecutively by the board. If a special master is appointed, such separate petitions shall all be assigned to the same special master. History.--s. 21, ch. 83-204; s. 12, ch. 83-216; s. 3, ch. 86-175; s. 147, ch. 91-112; s. 2, ch. 92- 32; s. 980, ch. 95-147. 194.035 Special masters; property evaluators.-- (1) In counties having a population of more than 75,000, the board shall appoint special masters for the purpose of taking testimony and making recommendations to the board, which recommendations the board may act upon without further hearing. Such special masters may not be elected or appointed officials or employees of the county but shall be selected from a list of those qualified individuals who are willing to serve as special masters. Employees and elected or appointed officials of a taxing jurisdiction or of the state may not serve as special masters. The clerk of the board shall annually notify such indivMuals or their professional associations to make known to them that opportunities to serve as special masters exist. The Department of Revenue shall provide a list of qualified special masters to any county with a population of 75,000 or less. Subject to appropriation, the department shall reimburse counties with a population of 75,000 or less for payments made to special masters appointed for the purpose of taking testimony and making recommendations to the value adjustment board pursuant to this section. The department shall establish a reasonable range for payments per case to special masters based on such payments in other counties. Requests for reimbursement of payments outside this range shall be justified by the county. If the total of all requests for reimbursement in any year exceeds the amount available pursuant to this section, payments to all counties shall be prorated accordingly. A special master appointed to hear issues of exemptions and classifications shall be a member of The Florida Bar with no less than 5 years' experience in the area of ad valorem taxation. A special master appointed to hear issues regarding the valuation of real estate shall be a state certified real estate appraiser with not less than 5 years' experience in real property valuation. A special master appointed to hear issues regarding the valuation of tangible personal property shall be a designated member of a nationally recognized appraiser's organization with not less than 5 years' experience in tangible personal property valuation. A special master need not be a resident of the county in which he or she serves. No special master shall be permitted to represent a person before the board in any tax year during which he or she has served that board as a special master. The board shall appoint such masters from the list so compiled prior to convening of the board. The expense of hearings before special masters and any compensation of special masters shall be borne three-fil~hs by the board of county commissioners and two-fifths by the school board. (2) The value adjustment board of each county may employ qualified property appraisem~s OrAGENDAJTEM evaluators to appear before the value adjustment board at that meeting of the board which iF~ljeld ~/.~ for the purpose of hearing complaints. Such property appraisers or evaluators shall pres~nt ' -- -- test mony as to the just value of any property the value of which is contested before the~board!u?J and shall submit to examination by the board,'the taxpayer, and the property appraiser.~ Hi~tory.--s. 22, ch. 83-204; s. 148, ch. 91-112; s. 981, ch. 95-147; s. 4, ch. 2002-18. Pg. http://www, flsenate.gov/statutes/index.cfm?App_mode=Di splay_Statute&URL=Ch0194/c... 5/30/2003 statutes->View Statutes: flsenate.gov rage 194.035 Appeals.--Appeals of the decisions of the board shall be as follows: (1) tf the property appraiser disagrees with the decision of the board, he or she may appeal the decision to the circuit court if one or more of the following criteria are met: (a) The property appraiser determines and affirmatively asserts in any legal proceeding that there is a specific constitutional or statutory violation, or a specific violation of administrative rules, in the decision of the board, except that nothing herein shall authorize the property appraiser to institute any suit to challenge the validity of any portion of the constitution or of any duly enacted legislative act of this state; (b) There is a variance from the property appraiser's assessed value in excess of the following: 15 percent variance from any assessment of $50,000 or less; 10 percent variance from any assessment in excess of $50,000 but not in excess of $500,000; 7.5 percent variance from any assessment in excess of $500,000 but not in excess of $1 million; or 5 percent variance from any assessment in excess of $1 million; or (c) There is an assertion by the property appraiser to the Department of Revenue that there exists a consistent and continuous violation of the intent of the law or administrative rules by the value adjustment board in its decisions. The property appraiser shall notify the department of those portions of the tax roll for which the assertion is made. The department shall thereupon notify the clerk of the board who shall, within 15 days of the notification by the department, send the written decisions of the board to the department. Within 30 days of the receipt of the decisions by the department, the department shall notify the property appraiser of'its decision relative to further judicial proceedings. ~f the department finds upon investigation that a consistent and continuous violation of the intent of the law or administrative rules by the board has occurred, it shall so inform the property appraiser, who may thereupon bring suit in circuit court against the value adjustment board for injunctive relief to prohibit continuation of the violation of the law or administrative rules and for a mandatory injuncti(~n, to restore the tax roll to its just value in such amount as determined by judicial proceeding. However, when a final judicial decision is rendered as a result of an appeal filed pursuant to this paragraph which alters or changes an assessment of a parcel of property of any taxpayer not a party to such procedure, such taxpayer shall have 60 days from the date of the final judicial decision to file an action to contest such altered or changed assessment pursuant to s. 194.171(1), and the provisions of s. 194.171(2) shall not bar such action. (2) Any taxpayer may bring an action to contest a tax assessment pursuant to s. 194.171. (3) The circuit court proceeding shall be de novo, and the burden of proof shall be upon the party initiating the action. History.--s. 23, ch. 83-204; s. 149, ch. 91-112; s. 982, ch. 95-147. 194.037 Disclosure of tax impact.-- (1) After hearing all petitions, complaints, appeals, and disputes, the clerk shall make public notice of the findings and results of the board in at least a quarter-page size advertisement of a standard, size or tabloid size newspaper, and the headline shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published in a newspaper of general paid circulation in the county. The newspaper selected shall be one of general int~ :.re_st arid readership in the community, and not one of limited subject matter, pursuant to chapter headline shall read: TAX IMPACT OF VALUE AD.IUSThlENT BOARD. The public notice shall members of the value adjustment board and the taxing authorities to which they are elec form shall show, in columnar form, for each of the property classes listed under subsectk the following information, with appropriate column totals: (a) In the first column, the number of parcels for which the board granted exemptions ti been denied or that had not been acted upon by the p[operty appraiser. ;0. ~I~END~FFEM ist tt~ ~(~ :ed. Th~ ' (2), ~i; ~1 ~ O, ~ Pg. ~ ~d_ http://www.~senate.g~v/statut~s/index.cfm? App-m~de=Disp~ay-Statute& URL=Ch~ ~ 94/c.. . 5/30/2003 statutes->View Statutes: flsenate.gov Page 8 of 11 (b) In the second column, the number of parcels for which petitions were filed concerning a property tax exemption. (c) In the third column, the number of parcels for which the board reduced the assessment from that made by the property appraiser on the initial assessment roll. (d) In the fourth column, the number of parcels for which petitions were filed requesting a change in assessed value, including requested changes in assessment classification. (e) In the fifth column, the net change in taxable value from the assessor's initial roll which results from board decisions. (f) :~n the sixth column, the net shift in taxes to parcels not granted relief by the board. The shift shall be computed as the amount shown in column 5 multiplied by the applicable millage rates adopted by the taxing authorities in hearings held pursuant to s. 200.065(2)(d) or adopted by vote of the electors pursuant to s. 9(b) or s. 12, Art. ~ of the State Constitution, but without adjustment as authorized pursuant to s. 200.065(5). If for any taxing authority the hearing has not been completed at the time the notice required herein is prepared, the millage rate used shall be that adopted in the hearing held pursuant to s. 200.065(2)(c). (2) There must be a line entry in each of the columns described in subsection (1), for each of the following property classes: (a) Improved residential property, which must be identified as "Residential." (b) Improved commercial property, which must be identified as "Commercial." (c) Improved industrial property, utilib/ properW,,l~asehold interests, subsurface rights, and other property not properly attributable to other classes listed in this section, which must be identified as "]:ndustrial and Misc." (d) Agricultural property, which must be identified as "Agricultural." (e) High-water recharge property, which must be identified as "High-Water Recharge." (Q Historic prope.,~cy used for commercial or certain nonprofit purposes, which shall be identified as "Historic Commercial or Nonprofit." (g) Tangible personal property, which must be identified as "Business Machinery and Equipment." (h) Vacant land and nonagricultural acreage, which must be identified as '~/acant Lots and Acreage." (3) The form of the notice, including appropriate narrative and column descriptions, shall be prescribed by department ~le and shall be brief and nontechnical to minimize confusion for the average taxpayer. History.--s. 24, ch. 83-204; s. 150, ch. 91-112; s. 6, ch. 96-204; s. 5, ch. 97-117. PART I1' 3UDICIAL REV1'EW 194.171 Circuit court to have original jurisdiction in tax cases. 194.18~. Parties to a tax suit. http://www.flsenate.gov/statutes/index.cfrn?App_mode=Display_Statute&URL=Ch0194/c... 5/30/2003 statutes->View Statutes: flsenate.gov Page 9 of 11 194.192 Costs; interest on unpaid taxes; penalty. 194.211 Injunction against tax sales. 194.231 Parties in suits relating to distribution, etc., of funds to counties, etc. 194.171 Circuit court to have original jurisdiction in tax cases.-- (1) The circuit courts have original jurisdiction at law of all matters relating to property taxation. Venue is in the county where the property is located, except that venue shall be in Leon County when the property is assessed pursuant to s. 193.085(4). (2) No action shall be brought to contest a tax assessment after 60 days from the date the assessment being contested is certified for collection under s. 193.122(2), or after 60 days from the date a decision is rendered concerning such assessment by the value adjustment board if a petition contesting the assessment had not received final action by the value adjustment board prior to extension of the roll under s. 197.323. (3) Before an action to contest a tax assessment may be brought, the taxpayer shall pay to the collector not less than the amount of the tax which the taxpayer admits in good faith to be owing. The collector shall issue a receipt for the payment, and the receipt shall be filed with the complaint. Notwithstanding the provisions of-chapter 197, payment of the taxes the taxpayer admits to be due and owing and the timely filing of an action pursuant to this section shall suspend all procedures for the collection of taxes prior to final disposition of the action. (4) Payment of a tax shall not be deemed an admission that the tax was due and shall not prejudice the right to bring a timely action as provided in subsection (2) to challenge such tax and seek a refund. ,, (5) No action to contest a tax assessment may be maintained, and any such action shall be dismissed, unless all taxes on the property assessed in years after the action is brought, which the taxpayer in good faith admits to be owing, are paid before they become delinquent. (6) The requirements of subsections (2), (3), and (5) are jurisdictional. No court shall have jurisdiction in such cases until after the requirements of both subsections (2) and (3) have been met. A court shall lose jurisdiction of a case when the taxpayer has failed to comply with the requirements of subsection (5). History.--s. 1, ch. 8586, 1921; CGL 1038; s. 2, ch. 29737, 1955; s. 1, ch. 67-538; ss. 1, 2, ch. 69;55; s. 8, ch. 69-102; s. 6, ch. 69-140; ss. 30, 31, ch. 70-243; s. 1, ch. 72-239; s. 6, ch. 74- 234; s. 17, ch. 82-226; s. 7, ch. 83-204; s. 56, ch. 83-217; s. 211, ch. 85-342; s. 3, ch. 88-146; s. 151, ch. 91-112; s. 32, ch. 94-353; s. 1470, ch. 95-147. Note.--Former ss. 192.21, 194.151, 196.01. 194.181 Parties to a tax suit.-- (1) The plaintiff in any tax suit shall be: (a) The taxpayer contesting the assessment of any tax, the payment of which he or sh responsible for under the law or the condominium association, cooperative association, homeowners' association as defined in s. 723.075 which operates the units subject to ti assessment; or (b) The property appraiser pursuant to s. 194.036. AGEND~ FFEM is ~r e J~ · i ij pg. // (2) In any case brought by the taxpayer or association contesting the assessment of any http://www.~s~nat~.g~v/statut~s~nd~x~cfrn?App-m~d~~Disp~ay-Statute&URL=~h~~94/c~~. 5/30/2003 statutes->View Statutes: flsenate.gov Page 10 of 11 property, the county property appraiser shall be party defendant. In any case brought by the property appraiser pursuant to s. 194.036(1)(a) or (b), the taxpayer shall be party defendant. In any case brought by the property appraiser pursuant to s. 194.036(1)(c), the value adjustment board shall be party defendant. (3) In any suit involving the collection of any tax on property, as well as questions relating to tax certificates or tax deeds, the tax collector charged under the law with collecting such tax shall be the defendant. (4) In any suit involving a tax other than an ad valorem tax on property, the tax collector charged under the law with collecting such tax shall be defendant. However, this section does not apply in any instance wherein general law provides for some other person to be the party defendant. (5) In any suit in which the assessment of any tax, or the collection of any tax, tax certificate, or tax deed is contested on the ground that it is contrary to the State Constitution, the official of the state government responsible for overall supervision of the assessment and collection of such tax shall be made a party defendant of such suit. Any such suit shall be brought in that county having venue under s. 194.171 or, when that section is inapplicable, in the Circuit Court of Leon County, and the attorney for the defendant county officer shall upon request represent the state official in any such suit or proceeding, for which he or she shall receive no additional compensation. (6) In any suit in which the validity of any statute or regulation found in, or issued pursuant to, chapters 192-197, inclusive, is contested, the public officer affected may be a party plaintiff. History.--s. 3, ch. 8586, 1921; CGL 1040; ss. 1, 2, ch. 69-55; s. 7, ch. 69-140; s. 32, ch. 70- 243; s. 1, ch. 73-74; s. 9, ch. 76-133; s. 4, ch. 76-234; s. 1, ch. 77-174; s. 27, ch. 83-204; s. 4, ch. 88-146; s. 152, ch. 91-112; s. 983, ch. 95-147. Note.--Former s. 196.03. 194.192 Costs; interest on unpaid taxes; penalty.-- (1) In any suit involving the assessment or collection of any tax, the court shall assess all costs. (2) If the court finds that the amount of tax owed by the taxpayer is greater than the amount the taxpayer has in good faith admitted and paid, it shall enter judgment against the taxpayer for the deficiency and for interest on the deficiency at the rate of 12 percent per year from the date the tax became delinquent. If it finds that the amount of tax which the taxpayer has admitted to be owing is grossly disproportionate to the amount of tax found to be due and that the taxpayer's admission was not made in good faith, the court shall also assess a penalty at the rate of 10 percent of the deficiency per year from the date the tax became delinquent. History.--s. 8, ch. 69-140; s. 33, ch. 70-243; s. 35, ch. 71-355; s. 2, ch. 72-239; s. 18, ch. 82- 226; s. 4, ch. 96-397. History.--s. 2, ch. 8586, 1921; CGL 1039; ss. 1, 2, ch. 69-55; s. 34, ch. 70-243. Note.--Former s. 196.02. 194.211 Injunction against tax sales.--In any tax suit, the court may issue injunctions to restrain the sale of real or personal property for any tax which shall appear to be contrary to law or equity, and in no case shall any complaint be dismissed because the tax assessme ~t .. complained of, or the injunction asked for, involves personal property only. AGEND~_iTEM Pg. 194.231 Parties in suits relating to distribution, etc., of funds to counties, etc.-- (1) No court shall hereafter enter any interlocutory or final order, decree, or judgment in any case http ://www.fl senate.gov/statutes/index, cfm?App_mode=Display_Statute&URL=Ch0194/c... 5/30/2003 statutes->View Statutes: flsenate.gov Page 11 of 11 involving the validity or constitutionality of any law relating to the distribution, apportionment, or allocation of any state excise or other taxes equally to the several counties in this state under such law, until it shall be made to appear of record in the case that the party to the cause seeking such order, decree, or judgment has duly served upon the chairperson of the board of county commissioners or the chairperson of the school board of each of the counties of this state or upon both such chairpersons of said boards, depending upon whether one or both of said boards has an interest in the subject matter, written notice of the pendency of the case and thereafter of all hearings of all applications or motions for such orders, decrees of judgments in such cases, at least 5 days before all hearings. (2) Such notice shall state the time, place and date of each such hearing and adjournments thereof, and shall be accompanied by copy of the complaint and petition, motion or application for any such order, decree, or judgment and the exhibits thereto attached, if any; and upon such service such boards of such counties having an interest in the subject matter of the case shall forthwith be and become parties to the cause, and shall be by order of the court properly aligned as parties plaintiff or defendant. History.--s. 1, ch. 19029, 1939; CGL 1940 Supp. 1279(110-f); s. 2, ch. 29737, 1955; ss. 1, 2, ch. 69-55; s. 1, ch. 69-300; s. 984, ch. 95-147. Note.--Former s. 196.13. PART 'rXZ ASSESSMENT: PRESUMPTZON OF CORRECTNESS 194.301 Presumption of correctness. 194.301 Presumption of correctness.--:in any administrative or judicial action in which a taxpayer challenges an ad valorem tax assessment of value, the property appraiser's assessment shall be presumed correct. This presumption of correctness is lost if the taxpayer shows by a preponderance of the evidence that either the property appraiser has failed to consider property the criteria in s. 193.011 or if the property appraiser's assessment is arbitrarily based on appraisal practices which are different from the appraisal practices generally applied by the property appraiser to comparable property within the same class and within the same county. :if the presumption of correctness is lost, the taxpayer shall have the burden of proving by a preponderance of the evidence that the appraiser's assessment is in excess of just value. :if the presumption of correctness is retained, the taxpayer shall have the burden of proving by clear and convincing evidence that the appraiser's assessment is in excess of just value. In no case shall the taxpayer have the burden of proving that the property appraiser's assessment is not supported by any reasonable hypothesis of a legal assessment. :if the property appraiser's assessment is determined to be erroneous, the Value Adjustment Board or the court can establish the assessment if there exists competent, substantial evidence in the record, which cumulatively meets the requirements of s. 193.011. :if the record lacks competent, substantial evidence meeting the just value criteria of s. 193.011, the matter shall be remanded to the property appraiser with appropriate directions from the Value Adjustment Board or the court. History.:-s. 1, ch. 97-85. Welcome o Session · Committees · Senators · Information Center · Statutes and Constitution · Lobbyist :information Disclaimer: The information on this system is unverified. The journals or printed bills of the respecl should be consulted for official purposes. Copyright ©2000-2003 State of Florida. ~ Privalqy Statement http://www.flsenate.gov/statutes/index.cfi~?App_mode=Display_Statute&LTRL=ChO i ye c~Ei~l~4..iT EM JUN I 0 2003 pg. /'~ · EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS INDICATE INTENT TO RENEGOTIATE AND APPROVE A COUNTY ATTORNEY EMPLOYMENT AGREEMENT WITH COUNTY ATTORNEY DAVID C. WEIGEL. ! OBJECTIVE: That the Board of County Commissioners indicate its intent to renegotiate and also approve a C°~nty Attorney Employment Agreement with County Attorney David C. Weigel. CONSIDERATIONS_: David C. Weigel has been employed as the County Attorney since 1995, having been employed as Assistant County Attorney in 1985, and Chief Assistant County Attorney from 1988- 1995. The present Employment Agreement in place with Mr. Weigel and Collier County, the Amended and Restated County Attorney Agreement dated October 9, 2001 shall expire September 30, 2003 unless it is extended or renegotiated as provided for in the Agreement. A new Employment Agreement is proposed for David Weigel with minimal changes. The proposed Agreement will have a term of four (4) years from September 304, this year to run through September 30, 2007. The Agreement provides some revisions that more closely follow terms of the County Manager Employment Agreement: Term life insurance is provided rather than whole life insurance: a universal leave account is established starting with this A~eement: dental insurance is added to the insurance benefits provided by the Count>'. The proposed Employment Agreement does not change the current base salaD' of Mr. Weigel; there shall occur an annual salary review in October, 2003 (the traditional time) and in October in succeeding ),ears. Clarifying language is provided regarding Mr. Weigel being classified as a Senior Management Service Class Employee since October. 1998 and thereafter. FISCAL IMPACT: No salary, change, small additional dental premium. Senior Management Service Class pa)'ments th~'t are presently made for the County Manager. Assistant County Manager. Division Administrators and the Chief Assistant Count.,,' Attorney. GROWTH MANAGEMENT IMPAC.T.: There i,'no Groxvth Management Impact associated with this Executive Summary. RECOM*IENDATION: That the Board of County ~ommissioners: (l) advise the Count)' Attorney of its intent to re-negotiate his Agreement; (2) review the proposed Agreement and re-negotiate or approve the 'proposed Agreement with any re-negotiated changes to become effective May 27, 2003; (3) authorize the Chairman to sign the new County Attorney Employment Agreement and the Chairman/staff to sign and process necessary forms for the Division of Retirement. ~av~'d c. Weigel, Co nty Attorney RE.V~..~? BY: Z TomHenning, Chai~an, Board~ounty C°mssi°ner' tO. ~_) ' ~~ ~ COUNTY ATTORNEY EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this __ day of ,2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners (hereinafter referred to as "COUNTY") and DAVID C. WEIGEL (hereinafter referred to as "EMPLOYEE") both of whom understand as follows: WITNESSETH: WHEREAS, from 1988 to 1995 David C. Weigel served Collier County as its Chief Assistant County Attorney and since October 1995 as the County Attorney, and has demonstrated the professional, legal and administrative competence desired by the COUNTY as its County Attorney; and WHEREAS, the COUNTY desires to continue to employ the services of EMPLOYEE as County Attorney of Collier County; and WHEREAS, EMPLOYEE desires to continue his employment as County Attorney of Collier County; and WHEREAS, it is the desire of the COUNTY (1) to secure and retain the services of EMPLOYEE and to provide inducement for him to remain in such employment; (2) to make possible full work productivity by assuring EMPLOYEE's morale and peace of mind with respect to employment security; and (3) to provide a specific term for the employment with a just means for terminating EMPLOYEE's services. WHEREAS, EMPLOYER and EMPLOYEE agreed and entered into a COUNTY ATTORNEY EMPLOYMENT AGREEMENT dated October 20, 1998 and an AMENDED AND RESTATED COUNTY ATTORNEY EMPLOYMENT AGREEMENT on October 9, 2001; and WHEREAS, EMPLOYER has determined to continue the employment of EMPLOYEE for a period of four (4) years beyond the October 3, 2003 date of expiry of its current Employment Agreement with EMPLOYEE. NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth and for other such good and valuable consideration, the receipt of which the parties hereto expressly acknowledge, the parties covenant and agree to the following terms and conditions: Section 1. Duties: EMPLOYEE is hereby employed as, and shall have the authority, duties and responsibilities of, County Attorney for Collier County. EMPLOYEE shall act as chief legal counsel to the Board of County Commissioners (Board) and shall provide legal representation and advice to the Board and, as appropriate, the County Administrator and County staff. EMPLOYEE shall report directly to the Board and shall have sole responsibility for the employment and management of the legal staff and operation of the County Attorney's Office. AGEr~DAITEM or 8 J U!( 1 0 2003 Section 2. Term of Employment: A. EMPLOYEE agrees to remain in the exclusive employ of COUNTY for a period of four (4) years beyond the September 30, 2003 expiry date of the COUNTY ATTORNEY AMENDED AND RESTATED EMPLOYMENT AGREEMENT dated September 30, 2003, and to neither accept other employment nor to become employed by any other employer until termination of employment pursuant to this Agreement. The term of this Agreement runs from May 27, 2003 through September 30, 2007. B. Nearing the conclusion of the employment period stated herein and any applicable extensions, this Employment Agreement may be re-negotiated by the COUNTY. The EMPLOYEE shall be given one hundred eighty (180) days notice of Board's intent to re-negotiate the Agreement or to allow the Agreement to expire without re-negotiation. In the event the Board's notice is not to re-negotiate but for the Agreement to expire, no salary and deferred compensation severance payment nor insurance benefits shall be provided EMPLOYEE or his dependents upon the expiration of the Agreement. Elements of this Agreement may be changed at any time when mutually agreed upon by the COUNTY and the EMPLOYEE. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the fight of the COUNTY to terminate the services of EMPLOYEE at any time, subject only to the provisions set forth in Section 5 of this Agreement. D. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the EMPLOYEE to resign at any time from his position with COUNTY, subject only to the provisions set forth in Section 6 of this Agreement. Section 3. Suspension: COUNTY may suspend the EMPLOYEE with full pay and benefits at any time during the term of this Agreement, but only if: A. A majority of the Board and EMPLOYEE agree, or; B. After a public hearing, a majority of the Board votes to suspend EMPLOYEE for just cause, provided, however, that EMPLOYEE shall have been given written notice setting forth any charges at least ten (10) days prior to such hearing by the Board of County Commissioners' members bringing such charges. Just cause shall include only willful misconduct or willful failure or disregard of EMPLOYEE's duties under this Employment Agreement. Section 4. Salary: A. COUNTY agrees to pay EMPLOYEE for his services rendered pursuant hereto an annual base salary of $147,966.00 payable in biweekly installments. Page2of8 I JUrq 1 g 2003 L. B. COUNTY and EMPLOYEE shall negotiate in good faith to establish, within one hundred and twenty (120) days after execution of this Agreement, a performance based merit system through which the EMPLOYEE shall be eligible for a merit adjustment upon the successful completion of measurable goals and objectives to be completed or attained by the EMPLOYEE during the 2004 fiscal year and each fiscal year thereafter during the term of this Agreement. Such annual performance based merit adjustment shall not exceed a maximum of ten percent (10%) of the EMPLOYEE's annual base salary. The minimum increase for satisfactory performance under such performance based merit system will equal the average percentage salary adjustment provided to all County employees for the given fiscal year or three percent (3%) whichever is greater. All such merit adjustments shall be included in the EMPLOYEE's base salary. C. On the date that general wage adjustments (i.e., cost of living adjustments, special study pay adjustments, etc.) are granted generally to Collier County employees, EMPLOYEE's base salary shall be modified to reflect the general wage adjustment granted to other County employees. Section 5. Termination and Severance Pay: A. COUNTY may terminate the employment of EMPLOYEE during the pendency of this Agreement as follows: 1) In the event that EMPLOYEE is convicted of any felony or of any crime involving moral turpitude, COUNTY may terminate EMPLOYEE without notice and without any obligation to pay the severance pay designated in this Section. 2) Except as set forth in Subsection 5(A)(1) above, in the event the COUNTY desires to terminate EMPLOYEE during such time that EMPLOYEE is willing and able to perform the duties of County Attorney, COUNTY may do so only in the following manner: a) A resolution of intent to terminate EMPLOYEE shall be adopted by an affirmative vote of three fifths of the entire membership of the Board only after said resolution has been placed on the agenda of a regularly scheduled Board meeting and where said agenda item has been included as a part of the published agenda of the Board meeting. b) Upon adoption of a resolution of intent to terminate EMPLOYEE, the Board may consider the adoption of a resolution terminating EMPLOYEE at a regularly scheduled meeting of the Board not less than fourteen (14) days thereafter. The resolution terminating EMPLOYEE shall require an affirmative vote of three fifths of the entire membership of the Board for adoption. In the event of termination, such termination shall be effective at such time and upon such conditions as may be set by the Board in the resolution terminating EMPLOYEE. B. In the event of termination in accordance with the procedures set forth in Subsection 5(A)(2), COUNTY agrees to pay EMPLOYEE, in addition to any amounts then due EMPLOYEE, a Page 3 of 8 JUN 1 0 2003 lump sum cash payment equal to six (6) months aggregate salary and deferred compensation within ten (10) working days after the effective date of termination. EMPLOYEE shall also be compensated for all remaining sick leave capped on August 8, 1996, universal leave, holidays, and other accrued benefits to date. EMPLOYEE's individual health, dental and term life insurance and dependent health insurance benefits shall be provided for a period of six (6) months after termination. Section 6. Resignation In the event EMPLOYEE voluntarily resigns his position with COUNTY, before expiration of the aforesaid term of his employment, the EMPLOYEE shall give COUNTY sixty (60) days notice in advance. If EMPLOYEE voluntarily resigns, providing COUNTY with less than sixty (60) days notice, EMPLOYEE shall forfeit any payment for accrued leave otherwise due and owing. Section 7. Disability If EMPLOYEE is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four (4) successive weeks beyond any accrued leave, COUNTY shall have the option to terminate this Agreement, subject to the severance pay requirements of Section 5. Section 8. Performance Evaluation The COUNTY shall review and evaluate the performance of the EMPLOYEE in accordance with the performance-based merit system as provided in Section 4. Written evaluations based on said performance system will be provided by each County Commissioner to EMPLOYEE prior to October I, 2003, and prior to each October 1st thereafter for the term of this Agreement. A summary of all evaluations will be prepared by the Board Chair for the Board and EMPLOYEE including the recommended merit wage adjustment. A merit system wage adjustment will take effect on October I, 2003 and each October 1st thereafter for the term of this Agreement. An updated performance merit system for EMPLOYEE will be developed in good faith between the Board of County Commissioners and EMPLOYEE and adopted by the Board prior to October 1st of each fiscal year for implementation in the next fiscal year. Section 9. Hours of Work All duties required hereunder shall be performed by the EMPLOYEE personally, or through the assistance of such County Attorney office employees as may be made available from time-to- time by the County and concerning which EMPLOYEE shall assume full responsibility; provided, however that nothing herein shall be deemed to absolve the EMPLOYEE of personal responsibility for the duties set forth herein. The EMPLOYEE shall be "on-call" twenty-four (24) hours a day, Page 4 of 8 JUN 1 0 20O3 available to perform said duties and agrees to make himself available as needed during said period. The manner and means of performance of the duties herein shall be determined by the EMPLOYEE. All acts performed by the EMPLOYEE, explicitly or implicitly, on behalf of the County, within the scope of his employment, shall be deemed authorized by the County as its agent, except that any act which constitutes willful misconduct or which may be unlawful shall be deemed to be an individual act of the EMPLOYEE without authority of the County. Section 10. Automobile and Cellular Phone Allowance COUNTY shall provide a car and cellular phone allowance of $400 per month to the EMPLOYEE, payable in biweekly installments. Said allowance shall be intended to reimburse him for local travel only, defined as travel within Collier County. All travel outside of Collier County shall be reimbursed at a cents per mile rate equal to the Florida Statutory allowable rate then in effect. Section 11. Insurance~ Vacation~ and Sick Leave A. COUNTY agrees to maintain in force for EMPLOYEE all health, life insurance or other insurance policies provided by COUNTY to its other employees. B. EMPLOYEE shall be credited with a carryover of his accrued vacation and personal leave days into a universal leave account. EMPLOYEE shall accrue to his universal leave account thirty (30) days per year, not including County holidays, on a monthly basis of two and a half (2.5) days per month. EMPLOYEE is highly encouraged to utilize his universal leave days not only for the EMPLOYEE's individual health and welfare, but also for the increased effectiveness and efficiency of the County as a whole. Unused universal leave will be paid at EMPLOYEE's current rate of salary upon termination, resignation or contract expiration. C. COUNTY agrees to put into force and to make required premium payments for EMPLOYEE for insurance policies for life, accident, disability income benefits, major medical, and dental, and dependent's coverage group insurance covering EMPLOYEE and his dependents. Term life insurance for EMPLOYEE shall be provided at a level of three times (3x) EMPLOYEE's annual base salary. Disability insurance income benefits shall be at fifty percent (50%) of EMPLOYEE's annual base salary. EMPLOYEE shall continue to have the option of participating in the County Leave Bank. D. EMPLOYEE's sick leave days accrued prior to being capped on August 2, 1996 shall continue to exist, be credited, valued and administered by the County policy in effect on August 2, 1996. EMPLOYEE's sick leave days accrued between August 2, 1996 and the effective date of this Agreement shall continue to exist, be credited, and administered by the County policy in effect subsequent to August, 1996. E. All provisions of law and regulations and rules of the COUNTY relating to holidays and other fringe benefits and working conditions as they now exist, or hereafter_maybe amended, shall also apply to EMPLOYEE in the manner that they apply to other employees of the COUNTY, in addition to benefits specifically enumerated in this Agreement. F. COUNTY agrees that annually, on the EMPLOYEE's anniversary date of employment with the County, the EMPLOYEE will be paid for all hours of accrued universal leave that exceeded three hundred-sixty (360) hours. Section 12. Retirement COUNTY agrees to execute all necessary agreements provided by ICMA Retirement Corporation (ICMA-RC) or NACO Public Employees Benefit Services Corporation (as determined by EMPLOYEE) and the Florida Retirement System for EMPLOYEE's continued participation in said retirement plans. COUNTY agrees to pay the maximum allowable annual amount into the EMPLOYEE's current retirement fund on EMPLOYEE's behalf, on the effective date of this Agreement and on the anniversary of said date thereafter, and to transfer ownership to succeeding employers upon EMPLOYEE's resignation or termination, or to EMPLOYEE upon his retirement, in accordance with any applicable rules, regulations or laws. Since October, 1998, EMPLOYEE has been and is designated as a Senior Management Service Class Employee and is entitled to the same retirement benefit system contributions as are provided to the County Manager. Section 13. Dues and Subscriptions COUNTY agrees that the public is served by EMPLOYEE's participation in professional organizations that enhance his professional development and in community organizations through which EMPLOYEE can enhance the level of service provided to the COUNTY and its citizens. COUNTY will budget for and pay for professional dues and subscriptions of EMPLOYEE necessary for his continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the COUNTY, including but not limited to: The Florida Bar Association; the Collier County Bar Association; the Florida Association of Counties; and, the Florida Association of County Attorneys. Section 14. Professional Development A. COUNTY agrees to budget for and to pay for travel and subsistence expenses of EMPLOYEE for professional and official travel, meetings, and occasions adequate to continue the professional development of EMPLOYEE and to adequately pursue necessary official functions for COUNTY, including but not limited to: lawsuits and meetings involving COUNTY; County project financial meetings including bond closings, etc. Page 6 of 8 B. COUNTY agrees to budget for and to pay for travel and subsistence expenses of EMPLOYEE for short courses, institutes, and seminars that are necessary for his professional development and for the good of the COUNTY. C. EMPLOYEE may use a COUNTY pool or rental car for out-of-county professional and business travel within Florida. All out-of-state travel not specifically provided for herein shall be pre-approved by the Board of County Commissioners. Reimbursement for out-of-county travel shall be as provided by Florida Statutes. Section 15. Indemnification In addition to'that required under state and local law, COUNTY shall defend, save harmless, and indemnify EMPLOYEE against any tort, professional liability claim or demand or other legal action, including costs and attorney fees relating thereto, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of EMPLOYEE's duties as County Attorney. Section 16. Bonding COUNTY shall bear the full cost of any fidelity or other bonds required of the EMPLOYEE under any law or ordinance. Section 17. Other Terms and Conditions of Employment COUNTY, in consultation with the EMPLOYEE, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of EMPLOYEE, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement or any other law. Section 18. Notices Notices pursuant to this Agreement shall be in writing, transmitted by personal service or by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) COUNTY: Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 (2) EMPLOYEE: David C. Weigel 656 Fountainhead Way Naples, Florida 34103-2735 Page 7 of 8 Section 19. General Provisions A. The text herein shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of EMPLOYEE. C. This Agreement is a personal services contract and neither this Agreement nor EMPLOYEE's obligations under this Agreement are assignable. D. The AMENDED AND RESTATED COUNTY ATTORNEY EMPLOYMENT AGREEMENT effective October 9, 2001, providing for a contract term employment termination date of September 30, 2003 is superceded by this COUNTY ATTORNEY EMPLOYMENT AGREEMENT providing for contract term termination date of September 30, 2007, unless this Agreement is extended or renegotiated as provided herein. E. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida has caused this Agreement to be signed and executed in its behalf by its Chairman, and duly attested by its Clerk to the Board, and the EMPLOYEE has signed and executed this Agreement, the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN WITNESSES: EMPLOYEE David C. Weigel ~.~ Approved as to form and legal sufficiency: Chief Assistant County Attorney H:public/debbiea/agreements/2003/dcw contract 060303 Page 8 of 8 / ~,,'- q J U N 1 0 EXECUTIVE SUMMARY FOR COLLIER COUNTY TO PARTICIPATE IN THE FLORIDA TAX AMNESTY PROGRAM JULY 1-OCTOBER 31, 2003 COVERING LOCAL OPTION TOURIST DEVELOPMENT TAXES. OBJECTIVE: On May 27, 2003, the Florida Legislature authorized the Department of Revenue to implement an amnesty program for taxpayers subject to state and local taxes. Local governments that self-administer the tourist development tax can participate in the program and may benefit by receiving amnesty payments of taxes not previously collected. CONSIDERATIONS: County Commission action is requested to authorize the County Tax Collector to implement a tax amnesty program for taxpayers subject to the local option tourist development tax. This amnesty program would encourage taxpayers to pay back taxes without threat of legal action. Notification to participate in the amnesty program must be received by the Florida Department of Revenue no later than June 18, 2003. County staff has coordinated this tax amnesty program with the Collier County Tax Collector and the Office of Management and Budget and both concur with this action. FISCAL IMPACT: The amount of unpaid tourist tax revenue is unknown, but any incremental revenue would be a benefit to the County's tourism program. GROWTH MANAGEMENT IMPACT: There is no growth management impact from this action. RECOMMENDATION: That the County Commission authorizes the Collier County Tax Collector to implement a tax amnesty program for locally collected tourist development taxes from July 1- October 31, 2003. PREPARED BY: JACK WERT, TOURISM DIRECTOR JOSEPH SCHMITT, DIVISION ADMINISTRATOR DATE DATE '"' "i'" JUNt o 2083 Message Page 1 of 2 mudd_.j From: smykowski_m Sent: Tuesday, June 03, 2003 3:39 To: Weft Jack; muddi; ochs_l Subject: FW: Amnesty Tax Program FYI, Mike ..... Original Message ..... From: KARDAS..JESSICA [mailto:KARDAS.JESSlCA@myfloridahouse.com] Sent= Tuesday, June 03, 2003 3::[6 PM To: MikeSmykowski@colliergov.net Subject: Amnesty Tax Program Mike, Attached is the staff analysis for the SB 18 A relating to taxation which best explains how the Amnesty program is applied. In summary of the benefits: The bill creates a four-month tax amnesty program beginning July 1,2003 and ending October 31,2003. During this time, eligible taxpayers who pay delinquent taxes will not have to pay any penalties, will not be subject to criminal prosecution, and will receive a partial interest waiver. -The amnesty is expected to raise $66.6 million in General Revenue and $8.6 million for local governments in fiscal year 03-04. - To administer the tax amnesty, the bill provides an appropriation of $610,000 to the Department of Revenue. - The bill also increases the interest rate on tax delinquencies from the prime rate to prime plus four percentage points. - This provision is estimated to raise $10.4 million in General Revenue in fiscal year 03-04. - Finally, the bill increases the percentage of insurance premium tax revenues collected on surplus lines insurance that is deposited in the General Revenue Fund from 45 % to 75.7%. - The redistribution of surplus lines taxes to General Revenue will increase funds available by $35 million. Local Option: The Local Option portion of the bill applies to self-administered tourist development tax if the county decides to opt in to the program (applied to Tourist development tax) transient rentals may contact the county within the 4 month program period and declare liability which would waive penalty and reduce interest on unpaid taxes. A transient rental may also come to the county, request to be audited, and the amnesty program would apply. The transient rental must come forward with the delinquent taxes to the county for the program to apply. Let me know if you have any questions, Jessica Jessica T. Kardas Legislative Assistant State Representative Dudley Goodlette Florida House of Representatives, District 76 3301 East Tamiami Trail Ste 203 6/3/2003 MEMORANDUM DATE: TO: Cc: FROM: June 2, 2003 Jim Mudd, County Manager Florida Department of Revenue (Facsimile: (850) 410-2526) Tom Henning, Chairman Commissioner, District 3 Tax Amnesty Program Attached to this memorandum is a copy ora memorandum dated May 29, 2003 from the Florida Department of Revenue regarding a Tax Amnesty Program. The memorandum states that Board action and notification of the board's decision must be made no later than June 18 in order to participate in the amnesty pro,am. Please place an item on the June l0th agenda for the Board's action. Thank you for your assistance to this request. TH:sf Attachment JUN'! 2003 ....... ~ __Z;.~.: - . P.O. Box 549 / Tallahassee, Florida 32302 Phone: 850/922-4300 Suncom: 292-4300 Website: www. fl-counties, com FAX: 850/488-7501 LEGISLATIVE ALERT PLEASE DISTRIBUTE IMMEDIATELY!! TO: FROM: DATE: RE: County Administrators Bob McKee Governmental Liaison May 29, 2003 Tax Amnesty Program URGENT - IMMEDIATE ACTION REQUIRED PLEASE DISTRIBUTE TO THE APPROPRIATE COUNTY STAFF. Senate Bill 18A passed this Tuesday in special session, creating a Tax Amnesty Program. The bill allows for interest and penalties to be eliminated or reduced in certain instances for bOCa~ governments that administer the ~ uu,,o, taxpayers that participate in the program. ' Development Tax can opt into the program. However, the bill established an inordinately short period for local governments to participate. The bill states that local governments must opt to participate in the tax amnesty program by June 1,2003. That date is this Sunday, thus allowing notification by June 2. The Department of Revenue recognizes that this date is extremely short notice and that counties requiring Board action to authorize participation in the program would be precluded from participating. They have proposed a solution that is outlined in the attached memo. Counties that wish to consider participation must act as specified in the attached notice. Also attached is Senate Bill 18A, the legislation that outlines the taxpayer relief available under the amnesty program. ~ ,..'~ "~,~., ~ ~ cc: County Lobbyists JUN 1 0 2003 Executive Director President President-Elect 1~ Vice President 2~ Vice President Immediate Past President OCSEOLA HZGHLANDS LEON LAKE PALI, f BEACH STATE OF FLORIDA DEPARTMENT OF REVENUE TALLAHASSEE, FLORIDA 32399-0100 Jim Zingale Executive Director MEMORANDUM General Tax Administration Child Support Enforcement Property Tax Administration Administrative Services Information Services TO: FROM: RE: DATE: State of Florida Local Governments Florida Department of Revenue Tax Amnesty Program May 28, 2003 On May 27, 2003, the Florida Legislature authorized the Department of Revenue to implement an amnesty program for taxpayers subject to state and local taxes. Local governments that participate may benefit by receiving amnesty payments of self-administered taxes. The legislature provided that any local govemment that self-administers a tax pursuant to a statute that authorizes for self-administration, may participate in this amnesty program if it notifies the Department of Revenue by June 1, 2003. Since June 1, 2003, falls on a Sunday, the Department will accept notifications received by Monday, June 2, 2003. The Department recognizes the short time frame/hr notification and that local jurisdictions may require governing body action to authorize participation in the tax amnesty program. Those local governments that may wish to participate but require board action should notify the Department by June 2 of the intent to take this issue to their governing board. Those local governments should also provide the date of the anticipated action. Roard action and notification of the board's decision must he made nn later than June 1 g in order to participate in the amnesty. pro_re'am_ Notification can be made by facsimile to (850) 921-1171 or by e-mail to stinsonk~dor.state.fl.us. The amnesty program is a one-time campaign for a four-month period beginning July 1, 2003, and ending October 31, 2003. The amnesty program shall only apply to tax liabilities due prior to July 1, 2003. In order for taxpayers to participate, they must submit the appropriate forms, make full payment of the tax due, and pay the interest due as provided by subsections (4) and (5) in this act. The legislation, CS for SB 18A Enrolled, can be accessed through the following Internet address: http://www.flsenate.gov/Welcome/index.cfm. The Department of Revenue is currently drafting communications, developing forms, and an Amnesty website that will be a~tivated by July 1. Please consult our web site for additional information regarding this program. u 2003 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENROLLED 2003 Legislature CS for SB 18-A 29 3O 31 An act relating to taxation; directing the Department of Revenue to develop and implement an amnesty program for taxpayers subject to the state and local taxes imposed by chapters 125, 198, 199, 201, 202, 203, 206, 211, 212, 220, 221, 336, 370, 376, 403, 538, 624, 627, and 681, F.S.; providing time periods; providing program guidelines; providing for eligible participants; providing for waiver of penalties and interest under specified circumstances; providing for emergency rules; amending ss. 213.235, 220.807, F.S.; providing that the interest rate on certain tax deficiencies shall be an adjusted prime rate plus 4 percentage points; providing a maximum rate; providing legislative intent; providing an appropriation; amending s. 202.35, F.S.; providing a maximum interest rate on delinquent ta×e$~ amending s. 626.932, F.S.; changing the distribution of the surplus lines tax; amending s. 626.938, F.S.; changing the distribution of the tax on independently procured coverages; providing for construction of the act in pari materia with laws enacted during the Regular Session of the Legislature; providing effective dates. Be It Enacted by the Legislature of the State of Florida: Section 1. (1) No later than July 1, 2003, the Department of Revenue shall develop and implement an amnesty 1 CODING:Words ~ are deletions; words underlined are additions. JUN 1 u ENROLLED 2003 Le§islature CS for SB 18-A 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 program for taxpayers subject to the state and local taxes imposed by chapters 125, 198, 199, 201, 202, 203, 206, 211, 212, 220, 221, 336, 370, 376, 403, 538, 624, 627, and 681, Florida Statutes. (2) The amnesty program shall be a one-time opportunity for eligible taxpayers to satisfy their tax liabilities under the revenue laws of this state and thereby avoid criminal prosecution, penalties, and interest as provided in subsections (4), (5), and (6). Any taxpayer that has entered into a settlement of liability for state or local option taxes before July 1, 2003, whether or not full and complete payment has been made of the settlement amount, shall not be eligible to participate in the amnesty program. (3) The amnesty program shall be in effect for a 4-month period beginning on July 1, 2003, and ending on October 31, 2003. The amnesty program shall apply only to tax liabilities due prior to July 1, 2003. In order to participate in the amnesty program, eligible taxpayers must file the forms and other documentation specified by the Department of Revenue, including, but not limited to, returns and amended returns, must make full payment of tax due, and must make payment of the interest due as provided in subsections (4) and (5). (4) A taxpayer may participate in the amnesty program whether or not the taxpayer is under audit, inquiry, examination, or civil investigation initiated by the Department of Revenue, regardless of whether the amount due is included in a proposed assessment or an assessment, bill, notice, or demand for payment issued by the Department of Revenue, and without regard to whether the amount due is subject to a pending administrative or judicial 2 CODING:Words ~ are deletions; words underlined are additions. JUN 1 0 2003 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENROLLED 2003 Legislature CS for SB 18-A proceedinq. If any of the circumstances set forth in this subsection apply, the taxpayer shall be required to pay the full amount of the tax due and 75 percent of the amount of interest due. When the department has issued a notice of intent to conduct an audit to a taxpayer but has not commenced the audit, the taxpayer may apply to the department during the amnesty program for approval to have the audit converted to the certified audits program authorized by section 213.285, Florida Statutes. When a taxpayer has been approved during the amnesty program to have an audit converted to the certified audits program, payment of any liability determined as a result of this participation in the certified audits program must be made during the period the amnesty program is in effect. A taxpayer that is participating in the certified audits program authorized by section 213.285, Florida Statutes, shall be eligible for the interest and penalty compromises authorized by either the amnesty program or the certified audits program, but not both. (5) If the circumstances set forth in s,~tion (4) do not apply and the initial contact with the Department of Revenue is made by the taxpayer pursuant to the amnesty program, the taxpayer shall be required to pay the full amount of the tax due and 50 percent of the amount of interest due. (6) No penalties shall be imposed on any tax paid pursuant to the amnesty program, and the Department of Revenue shall not initiate a criminal investigation against or refer for prosecution any taxpayer participating in the amnesty program with respect to the failure to timely pay the tax 29 disclosed in the amnesty program. 30 (7) Participation in the amnesty program shall be 31 conditioned upon the taxpayer's express waiver of rights to 3 CODING:Words ~-~ are deletions; words underlined are additions. ENROLLED 2003 Legislature CS for SB 18-A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 contest taxes being reported pursuant to the amnesty program. If the taxes reported pursuant to the amnesty program are the subject of a pendin~ informal protest under section 213.21, Florida Statutes, or of administrative or judicial proceedinqs that have not become final as of the date payment of the taxes is made pursuant to the amnesty program, participation in th~ amnesty pro,ram is conditioned upon the taxpayer's withdrawal of such informal protest or dismissal of such administrativ~ or judicial proceeding. Participation in the amnesty program shall also be conditioned upon the taxpayer's express a~reement to waive any right to claim a refund or to protest or initiate an administrative or judicial proceedinq to review any denial of a refund claim for any refund of tax or interest paid under the amnesty program except as provided in this subsection. No refund may be made of any penalty or interest paid prior to July 1, 2003. Any credit or refund of tax or interest paid as a result of participation in the amnesty pro~ram shall be strictly limited to amounts determined by the Department of Revenue to have been paid in error. (8) A taxpayer under criminal investigation, indictment, information, or prosecution re~ardin~ a revenue law of this state shall not be eligible to participate in the amnesty program. A taxpayer that has been convicted of a crime re~ardin~ a revenue law of this state shall not be eliqible to participate in the amnesty program. (9) With or without an audit, the Department of Revenue is authorized to issue a notice or demand for payment with respect to any tax or interest that it determines to be due with any return filed under the tax amnesty program, and such notice and demand shall be prima facie correct in any administrative, judicial, or quasi-judicial proceeding. CODING:Words ~ are deletions; words underlined are additions. JUN 1 2O03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ENROLLED 2003 Legislature CS for SB 18-A (10) The Department of Revenue may, on the basis of fraud, misrepresentation, or mutual mistake of fact, rescind a grant of amnesty, including any amnesty granted as a result of participation in the certified audit program during the period the amnesty program is in effect. Any taxpayer that files under the amnesty program false or fraudulent returns, forms, or documentation or attempts in any manner to defeat or evade a tax is subject to applicable penalties and criminal prosecution. (11) Any local option tax administered by a local government that imposed the tax pursuant to a statute permitting self-administration is excluded from the amnesty program unless the local qovernment notifies the Department of Revenue by June 1, 2003, that it chooses to participate in the amnesty program. (12) The executive director of the Department of Revenue is authorized to adopt emergency rules under sections 120.536(1) and 120.54(4), Florida Statutes, to implement the amnestv Droaram. Such rules may provide forms: procedures, terms, conditions, and methods of payment appropriate for fair and effective administration of the amnesty program and to ensure the taxpayer's ongoing commitment to proper remittance of taxes to the state. Notwithstanding any other law, the emergency rules shall remain in effect until the later of the date that is 6 months after the date of adoption of the rule or the date of final resolution of all amnesty applications filed pursuant to this section. Section 2. Effective November 1, 2003, subsections (2) and (3) of section 213.235, Florida Statutes, are amended to read: 213.235 Determination of interest on deficiencies.-- 5 CODING:Words ~ are deletions; words underlined are additions. 1 ENROLLED 2003 Legislature CS for SB 18-A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 (2) If the adjusted prime rate charged by banks, rounded to the nearest full percent, plus 4 percentage points, during either: (a) The 6-month period ending on September 30 of any calendar year, or (b) The 6-month period ending on March 31 of any calendar year differs from the interest rate in effect on either such date, the executive director of the department shall, within 20 days, establish an adjusted rate of interest equal to such adjusted prime rate plus 4 percentage points. (3) A~ adjusted rate of interest established under this section becomes effective: (a) On January 1 of the succeeding year, if based upon the adjusted prime rate plus 4 percentage points for the 6-month period ending on September 30; or (b) On July 1 of the same calendar year, if based upon the adjusted prime rate Dlus 4 percentage points for the 6-month period ending on March 31. Section 3. Amendments made by this act to section 213.235(2) and (3), Florida Statutes, apply to interest due on tax payment deficiencies that arise on or after November 1, 2003, and also apply to interest due on tax payment deficiencies that arose on or after January 1, 2000, but remain unpaid as of November 1, 2003. When calculating the rate that takes effect on November 1, 2003, the department shall use in making that calculation the adjusted prime rate char~ed by banks, rounded to the nearest full percent, during the 6-month period ending on March 31, 2003. CODING:Words ~ are deletions; words underlined are additions. JUN 1 u 2003 · lC) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ENROLLED 2003 Legislature CS for SB 18-A 27 28 29 30 31 Section 4. Effective November 1, 2003, subsections {1), ~2), and (3) of section 220.807, Florida Statutes, are amended to read: 220.807 Determination of rate of interest.-- (1) The annual rate of interest applicable to this chapter shall be the adjusted rate established by the executive director of the Department of Revenue under subsection (2), except that the annual rate of interest shall never be greater than 12 percent. (2) If the adjusted prime rate charged by banks, rounded to the nearest full percent, plus 4 percentage points, during either: (a) The 6-month period ending on September 30 of any calendar year; or (b) The 6-month period ending on March 31 of any calendar year, differs from the interest rate in effect on either such date, the executive director of the Department of Revenue shall~ within 20 days, establish an adjusted rate of interest equal to such adjusted prime rate plus 4 percentage points. (3) An adjusted rate of interest established under this section shall become effective: (a) On January 1 of the succeeding year, if based upon the adjusted prime rate plus 4 percentage points for the 6-month period ending on September 30; or (b) On July 1 of the same calendar year, if based upon the adjusted prime rate plus 4 percentage points for the 6-month period ending on March 31. Section 5. Amendments made by this act to section 220.807(1), (2), and (3), Florida Statutes, apply to interest 7 CODING:Words ~ are deletions; words underlined are additions. JUN 10 2003 ENROLLED 2003 Legislature CS for SB 18-A 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 due on tax payment deficiencies that arise on or after November 1, 2003, and also apply to interest due on tam payment deficiencies that arose on or after January 1, 2000, but remain unpaid as of November 1, 2003. When calculating thn rate that takes effect on November 1, 2003, the department shall use in making that calculation the adjusted prime rat~ charged by banks, rounded to the nearest full percent, during the 6-month period ending on March 31, 2003. Section 6. Effective November 1, 2003, subsection (1) of section 202.35, Florida Statutes, is amended to read: 202.35 Powers of department in dealing with delinquents; tax to be separately stated.-- (1) If any dealer or other person fails to remit the tax, or any portion thereof, on or before the day when the tax is required by law to be paid, there will be added to the amount due interest at the rate calculated pursuant to s. 213.235 of the amount due from the date due until paid, except that the annual rate of interest shall never be greater than 12 percent. Interest on the delinquent tax is to be calculated beginning on the 21st day of the month following the month for which the tax is due, except as otherwise provided in this chapter. Section 7. The sum of $610,000 is appropriated from the General Revenue Fund to the Department of Revenue for th~ purpose of administering the amnesty program created by this act. Funds remaining unexpended or unencumbered from this appropriation as of June 30, 2003, shall revert and b~ reappropriated for the same purpose in fiscal year 2003-2004. Section 8. Subsection (5) of section 626.932, Florida Statutes, is amended to read: 626.932 Surplus lines tax.-- 8 CODING:Words ~ are deletions; words underlined are additions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 ENROLLED 2003 Legislature CS for SB 18-A (5) The department shall deposit 24.3 5~3 percent of all taxes collected under this section to the credit of the Insurance Co~i$$ioner'$ Regulatory Trust Fund. Seventy-five and seven-tenths ~r~-~ percent of all taxes collected under this section shall be deposited into the General Revenue Fund. Section 9. Subsection (7) of section 626.938, Florida Statutes, is amended to read: 626.938 Report and tax of independently procured coverages.-- (7) The department shall deposit 24.3 55 percent of all taxes and interest collected under this section to the credit of the Insurance Co~issionar~$ Regulatory Trust Fund. Seventy-five and seven-tenths ~ percent of all taxes and interest collected under this section shall be deposited into the General Revenue Fund. Section 10. If any law that is amended by this act was also amended by a law enacted at the 2003 Reqular Session of the Legislature, such laws shall be construed as if they had been enacted during the same session of the Legislature, and full effect should be given to each if that is possible. Section 11. Except as otherwise specifically provided in this act, this act shall take effect upon becoming a law. 9 CODING:Words ~ are deletions; words underlined are additions. JUN ! EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT A SUPPLEMENTAL BOND RESOLUTION AUTHORIZING THE ISSUANCE BY THE COLLIER COUNTY WATER-SEWER DISTRICT OF ITS (1) COLLIER COUNTY WATER-SEWER DISTRICT TAXABLE WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 2003A, IN THE AGGREGATE pRINCIPAL AMOUNT OF NOT EXCEEDING $15,000,000 IN ORDER TO PROVIDE FOR THE REFUNDING OF A PORTION OF THE DISTRICT'S OUTSTANDING TAXABLE WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 1994A, AND (2) COLLIER COUNTY WATER-SEWER DISTRICT WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 2003B, IN THE AGGREGATE pRINCIPAL AMOUNT OF NOT EXCEEDING S40,000,000 IN ORDER TO PROVIDE FOR THE REFUNDING OF A PORTION OF THE DISTRICT'S OUTSTANDING WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 1994B OBJECTIVE: That the Board of County Commissioners, acting as the ex-officio Governing Board of the Collier County Water-Sewer District, adopt the attached supplemental bond resolution which authorizes the issuance by the District of its (1) Collier County Water-Sewer District Taxable Water and Sewer Refunding Revenue Bonds, Series 2003A (the "2003A Bonds"), in the aggregate principal amount of not exceeding $15,000,000, and (2) Collier County Water-Sewer District Water and Sewer Refunding Revenue Bonds, Series 2003B (the "2003B Bonds"), in the aggregate principal amount of not exceeding $40,000,000. Proceeds of the 2003A Bonds will be used to refund the District's outstanding Collier County Water-Sewer District Taxable Water and Sewer Refunding Revenue Bonds, Series 1994A (the "1994A Bonds"). Proceeds of the 2003B Bonds will be used to refund the District's outstanding Collier County Water-Sewer District Water and Sewer Refunding Revenue Bonds, Series 1994B (the "1994B Bonds"). Refunding the 1994A Bonds and 1994B Bonds will result in debt service savings to the District, as further described below. CONSIDERATIONS: Following a competitive process (RFP 02-3435), the Board of County Commissioners approved the staff recommendation relative to underxvriter selection on November 19, 2002 (agenda item 16F2). The Selection Committee's recommendations were developed after each voting member evaluated each of the twelve proposals received. It was determined that it would be in the best interest of the County to select groupings of firms that would make the strongest team. Raymond James was selected to serve as the Senior Managing Underwriter for utility financings. On April 8, 2003, the Board established a net present value savings target (agenda item 16F2) that must be met in order to issue the 2003A Bonds and 2003B Bonds (collectively, the "2003 Bonds") and refund the 1994A Bonds and the 1994B Bonds (collectively, the "1994 Bonds"). Such target was set at 5 % of the principal amount of the 1994 Bonds to be refunded. Based on recent market conditions, refunding the 1994 Bonds through the issuance of the 2003 Bonds is estimated to result in net present value savings of approximately $3,270,000 or 6.5% of the principal amount of the 1994 Bonds to be refunded. A(~ENDA ITT~..M ,I U 1 O 2003 On July 30, 1985, the District adopted Resolution No. CWS-85-5, as previously amended, supplemented and restated (collectively, the "Master Bond Resolution"), pursuant to which several series of District Water and Sewer Bonds have been issued. Currently, the only such Bonds which remain outstanding under the Master Bond Resolution are the 1994 Bonds and the District's Water and Sewer Refunding Revenue Bonds, Series 1999A and Water and Sewer Refunding Revenue Bonds, Series 1999B (collectively, the "1999 Bonds"). Upon the issuance of the 2003 Bonds and the refunding of the 1994 Bonds, only the 2003 Bonds and the 1999 Bonds will be outstanding under the Master Bond Resolution. The attached supplemental bond resolution supplements the Master Bond Resolution and authorizes the issuance of the 2003 Bonds so long as certain parameters set forth in Section 6 of the resolution are met. The resolution also provides certain terms of the 2003 Bonds, approves the forms of various documents, appoints certain professionals to act on behalf of the District in connection with the 2003 Bonds and contains certain insurance provisions which are required by the municipal bond insurer, Financial Security Assurance Inc. If the Board approves the attached resolution, marketing and pricing of the 2003 Bonds is expected to occur during the week of June 16, with the closing for the 2003 Bonds currently scheduled to occur during mid to late July. This is the only required action of the Board in order to consummate the issuance of the 2003 Bonds and the refunding of the 1994 Bonds. FISCAL IMPACT: Based on recent market conditions, the refunding would generate combined net present value savings of 6.5% or $3,270,000. GROWTH MANAGEMENT IMPACT: There is no Grov,,th Management impact. RECOMMENDATION: That the Board of County Commissioners, acting as the ex-officio Governing Board of the Collier County Water-Sewer District: Adopt the attached supplemental bond resolution allowing for the issuance of the 2003 Bonds upon the satisfaction of certain conditions set forth in the resolution in order to refund the 1994 Bonds and achieve debt service savings for the District. Submitted by: Approved by: Michael Smykowski, OMB Director · Jafn-~ ¥. Mudd, County M~nager -- -'---'-DATE: June 3, 2003 DATE: June 3, 2003 RESOLUTION NO. CWS- A RESOLUTION SUPPLEMENTING A RESOLUTION ENTITLED "A RESOLUTION AMENDING IN CERTAIN RESPECTS AND RESTATING IN ITS ENTIRETY RESOLUTION NO. CW-S-85-5 OF THE COLLIER COUNTY WATER-SEWER DISTRICT, ADOPTED ON JULY 30, 1985, AND ENTITLED: 'A RESOLUTION AUTHORIZING THE ISSUANCE BY THE COLLIER COUNTY WATER-SEWER DISTRICT OF NOT EXCEEDING $82,500,000 IN THE AGGREGATE PRINCIPAL AMOUNT OF WATER AND SEWER REVENUE BONDS, SERIES 1985 TO FINANCE THE COST OF REFUNDING CERTAIN OUTSTANDING OBLIGATIONS OF THE DISTRICT AND CONSTRUCTING AND ACQUIRING CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE DISTRICT'S WATER AND SEWER S~STEM; PLEDGING THE NET REVENUES AND SYSTEM DEVELOPMENT FEES TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION' AND PROVIDING AN EFFECTWE DATE;" AUTHORIZING THE REFUNDING OF CERTAIN OF THE DISTRICT'S OUTSTANDING TAXABLE WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 1994A AND WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 1994B; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $15,000,000 AGGREGATE PRINCIPAL AMOUNT OF COLLIER COUNTY WATER-SEWER DISTRICT TAXABLE WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 2003A IN ORDER TO REFUND SUCH SERIES 1994A BONDS AND THE ISSUANCE OF NOT EXCEEDING $40,000,000 AGGREGATE PRINCIPAL AMOUNT OF COLLIER COUNTY WATER-SEWER DISTRICT WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 2003B IN ORDER TO REFUND SUCH SERIES 1994B BONDS; AUTHORIZING A NEGOTIATED SALE OF SAID BONDS; DELEGATING CERTAIN AGEN.~A No._ ('O- JUN 1 0 200] p~. AUTHORITY TO THE CHAIRMAN AND VICE- CHAIRMAN FOR THE AUTHORIZATION, EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT WITH RESPECT THERETO, AND THE APPROVAL OF THE TERMS AND DETAILS OF SAID BONDS; APPOINTING THE PAYING AGENT AND REGISTRAR FOR SAID BONDS; AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY'OFFICIAL STATEMENT AND THE EXECUTION AND 'DELIVERY OF AN OFFICIAL STATEMENT WITH RESPECT THERETO; AUTHORIZING THE EXECUTION AND DELIVERY OF ESCROW DEPOSIT AGREEMENTS AND THE APPOINTMENT OF AN ESCROW AGENT; APPROVING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE; AUTHORIZING MUNICIPAL BOND INSURANCE FOR THE BONDS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT: SECTION 1. FINDINGS. It is hereby found and determined that: (A) On July 30, 1985, the Collier County Water-Sewer District (the "Issuer") duly adopted Resolution No. CWS-85-5, as amended and restated by Resolution No. CWS-85-13 duly adopted on December 26, 1985, as amended and supplemented (collectively, the "Resolution"), the title of which Resolution No. CWS-85-13 is quoted in the title of this Supplemental Resolution, for the purposes described therein. (B) The Issuer currently has outstanding pursuant to the Resolution its Collier County Water-Sewer District Taxable Water and Sewer Refunding Revenue Bonds, Series 1994A (the "Series 1994A Bonds"), its Collier County Water-Sewer District Water and Sewer Refunding Revenue Bonds, Series 1994B (the "Series 1994B Bonds"), its Collier County Water-Sewer District Water and Sewer Refunding Revenue Bonds, Series 1999A (the "Series 1999A Bonds") and its Collier County Water-Sewer District Water and Sewer Refunding Revenue Bonds, Series 1999B (the "Series 1999B Bonds"). 2 (C) The Series 1994A Bonds maturing on and after July 1, 2004 (the "Refunded Series 1994A Bonds") are subject to redemption at the option of the Issuer on or after July 1, 2003. (D) The Series 1994B Bonds maturing on and after July 1, 2004 (the "Refunded Series 1994B Bonds") are subject to redemption at the option of the Issuer on or after July 1, 2003. The Refunded Series 1994A Bonds and the Refunded Series 1994B Bonds are collectively referred to herein as the "Refunded Bonds." (E) In order to achieve debt service savings, the Issuer hereby determines to refund the Refunded Bonds. The Series 1999A Bonds and the Series 1999B Bonds shall be referred to as the "Outstanding Parity Bonds." (F) The Resolution provides for the issuance of Additional Bonds, payable on a parity with the Outstanding Parity Bonds, for the refunding of the Refunded Bonds, upon meeting certain requirements set forth in the Resolution. (G) There is hereby authorized the payment and refunding of the Refunded Bonds in order to achieve debt service savings, all in the manner as provided by this Supplemental Resolution. For the payment and refunding of the Refunded Series 1994A Bonds, the Issuer shall, as provided herein, deposit part of the proceeds derived from the sale of the Issuer's Collier County Water-Sewer District Taxable Water and Sewer Refunding Revenue Bonds, Series 2003A (the "Series 2003A Bonds"), together with other legally available moneys of the Issuer, in a special escrow deposit trust fund, to purchase direct U.S. Treasury obligations (the "Series 1994A Refunding Securities") which shall be sufficient, together with the investment earnings therefrom and a cash deposit, to pay the Refunded Series 1994A Bonds as the same are redeemed prior to maturity, all as provided herein and the hereinafter described Series 1994A Escrow Deposit Agreement. For the payment and refunding of the Refunded Series 1994B Bonds, the Issuer shall, as provided herein, deposit part of the proceeds derived from the sale of the Issuer's Collier County Water-Sewer District Water and Sewer Refunding Revenue Bonds, Series 2003B (the "Series 2003B Bonds"), together with other legally available moneys of the Issuer, in a special escrow deposit trust fund, to purchase direct U.S. Treasury obligations (the "Series 1994B Refunding Securities") which shall be sufficient, together with the investment earnings therefrom and a cash deposit, to pay the Refunded Series 1994B Bonds as the same are redeemed prior to maturity, all as provided herein and the hereinafter described Series 1994B Escrow Deposit Agreement. Subsequent to the defeasance of the Refunded Bonds, the Refunded Bonds shall no longer be payable from or be secured by any portion of the Pledged Funds. 3 (H) In order to achieve debt service savings, the Issuer deems it to be in its best interest to issue its Series 2003A Bonds in order to effect the refunding of the Refunded Series 1994A Bonds and to issue its Series 2003B Bonds in order to effect the refunding of the Refunded Series 1994B Bonds. The Series 2003A Bonds and the Series 2003B Bonds are collectively referred to herein as the "Series 2003 Bonds." (I) Due to the potential volatility of the market for tax-exempt obligations such as the Series 2003 Bonds and the complexity of the transactions relating to such Series 2003 Bonds, it is in the best interest of the Issuer to sell the Series 2003 Bonds by a negotiated sale, allowing the Issuer to enter the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the Issuer to obtain the best possible price and interest rate for the Series 2003 Bonds. (J) The Issuer anticipates receiving a favorable offer to purchase the Series 2003 Bonds from Raymond James & Associates, Inc. and UBS Financial Services Inc. (collectively, the "Underwriters"), all within the parameters set forth herein. (K) Inasmuch as the Issuer desires to sell the Series 2003 Bonds at the most advantageous time and not wait for a scheduled meeting of the Board of County Commissioners of Collier County, Florida (the "Board") sitting as the ex-officio governing board of the Issuer, so long as the herein described parameters are met, the Issuer hereby determines to delegate the award and sale of the Series 2003 Bonds to the Chairman of the Board within such parameters, and, in his absence or unavailability, to the Vice-Chairman of the Board. (L) The form, terms and details of the Series 2003 Bonds shall be determined in accordance with this Supplemental Resolution. (M) The covenants, pledges and conditions in the Resolution shall be applicable to the Series 2003 Bonds herein authorized and said Series 2003 Bonds shall be on a parity with and rank equally as to the lien on and source and security for payment from the Pledged Funds and in all other respects with the Outstanding Parity Bonds, and shall constitute "Bonds" within the meaning of the Resolution. The Issuer is current in all deposits in the various funds and accounts established by the Resolution and all payments theretofore required to have been deposited or made by it under the provisions of the Resolution have been deposited or made and the Issuer has complied with the covenants and a~eements of the Resolution. 4 SECTION 2. DEFINITIONS. When used in this Supplemental Resolution, the terms defined in the Resolution shall have the meanings therein stated, except as such definitions shall be hereinafter amended and defined. SECTION 3. AUTHORITY FOR THIS SUPPLEMENTAL RESOLUTION. This Supplemental Resolution is adopted pursuant to the provisions of the Act. SECTION 4. AUTHORIZATION OF REFUNDING OF THE REFUNDED BONDS. The Issuer hereby authorizes the refunding of the Refunded Bonds pursuant to the terms of the Resolution and the hereinafter described Escrow Deposit Agreements. To the extent deemed desirable or necessary by Bond Counsel and the Issuer's Financial Advisor, the paying agent for the Refunded Bonds is authorized and directed to send a notice of redemption with respect to the Refunded Bonds in accordance with the applicable provisions of the Resolution prior to the issuance of the Series 2003 Bonds, which notice shall contain an express statement providing that the redemption of the Refunded Bonds is conditioned on the Series 2003 Bonds being issued on or prior to the redemption date set forth in such notice. SECTION 5. DESCRIPTION OF THE SERIES 2003 BONDS. The Issuer hereby authorizes the issuance of a Series of Bonds in the aggregate principal amount not to exceed $15,000,000 to be known as the "Collier County Water-Sewer District Taxable Water and Sewer Refunding Revenue Bonds, Series 2003A" (or such other designation as the Chairman may determine), for the principal purpose of refunding the Refunded Series 1994A Bonds. The aggregate principal amount of Series 2003A Bonds to be issued pursuant to the Resolution shall be determined by the Chairman provided such aggregate principal amount does not exceed $15,000,000. The Series 2003A Bonds shall be dated their date of delivery (or such other date as shall be determined by the Chairman), shall be issued in the form of fully registered Bonds in the denomination of $5,000 or any integral multiple thereof, shall be numbered consecutively from one upward in order of maturity preceded by the letter "PA", shall bear interest from their dated date, payable semi-annually, on January 1 and July 1 and of each year (the "Interest Dates"), commencing on January 1,2004 (or such other date as shall be determined by the Chairman). For purposes of the Resolution, "Bond Year" shall mean the period commencing on July 1 of each year and continuing'through the next succeeding June 30. The Issuer hereby authorizes the issuance of a Series of Bonds in the aggregate principal amount not to exceed $40,000,000 to be known as the "Collier County Water-Sewer District Water and Sewer Refunding Revenue Bonds, Series 2003B," for the principal purpose of refunding the Refunded Series 1994B Bonds. The aggregate principal amount of Series 2003B Bonds to be issued pursuant to the Resolution shall be determined by the Chairman provided such aggregate principal amount does not exceed $40,000,000. The Series 2003B Bonds shall be dated their date of delivery (or such other date as shall be determined by the Chairman), shall be issued in the form of fully registered Bonds in the denomination of $5,000 or any integral multiple thereof, shall be numbered consecutively from one upward in order of maturity preceded by the letter "RB", shall bear interest from their dated date, payable semi-annually, on the Interest Dates in each year, commencing on January 1,2004 (or such other date as shall be determined by the Chairman). Interest on the Series 2003 Bonds shall be payable by check or draft of Fifth Third Bank, Cincinnati, Ohio, as Registrar and Paying Agent, made payable to and mailed to the Holder in whose name such Bond shall be registered at the close of business on the date which shall be the fifteenth day (whether or not a business day) of the calendar month next preceding the Interest Date, or, at the request and expense of such Holder, by bank wire transfer to the account of such Holder. The principal of or Redemption Price, if applicable, on the Series 2003 Bonds is payable upon presentation and surrender of the Series 2003 Bonds at the designated corporate trust office of the Paying Agent. All payments of principal or Redemption Price, if applicable, and interest on the Series 2003 Bonds shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be calculated on the basis of a 360-day year of twelve 30-day months. The Series 2003 Bonds shall bear interest at such rates and yields, shall mature on July 1 of each of the years and in the principal amounts corresponding to such years, and shall have such redemption provisions as determined by the Chairman subject to the conditions set forth in Section 6 hereof. All of the terms of the Series 2003 Bonds will be included in a Bond Purchase Contract which shall be in substantially the form attached hereto and made a part hereof as Exhibit A (the "Bond Purchase Contract"). The Chairman is hereby authorized to execute the Bond Purchase Contract in substantially the form attached hereto as Exhibit A with such modifications as he deems appropriate upon satisfaction of the condition described in Section 6 hereof. SECTION 6. CONDITIONS TO EXECUTION OF BOND PURCHASE CONTRACT. The Bond Purchase Contract shall not be executed by the Chairman until such time as all of the following conditions have been satisfied: (A) Receipt by the Chairman of a written offer to purchase the Series 2003 Bonds by the Underwriters substantially in the form of the Bond Purchase Contract attached hereto as Exhibit A, said offer to. provide for, among other things, (i) not exceeding $15,000,000 aggregate principal amount of Series 2003A Bonds, (ii) not exceeding $40,000,000 aggregate principal amount of Series 2003B Bonds, (iii) an underwriting discount on the Series 2003A Bonds (including management fee and expenses) not in excess of 0.55% of the par amount of the Series 2003A Bonds, (iv) an underwriting discount on the Series 2003B Bonds (including management fee and expenses) not in excess of 0.55% of the par amount of the Series 2003B Bonds, (v) a tree interest cost of not more than 4.25% per annum, as determined by the Issuer's Financial Advisor, in the case of the Series 2003A Bonds, (vi) a true interest cost of not more than 4.25% per annum, as determined by the Issuer's Financial Advisor, in the case of the Series 2003B Bonds, (vii) the maturities of the Series 2003A Bonds, with the final maturity being nbt later than July 1, 2010, and (viii) the maturities of the Series 2003B Bonds, with the final maturity being not later than July 1, 2021. (B) With respect to optional redemption terms for the Series 2003B Bonds, if any, the first optional redemption date may be no later than July 1,2014 and no call premium may exceed 2% of the par amount of that portion of the Series 2003B Bonds to be redeemed. Term Bonds may be established with such Sinking Fund Installments as the Chairman deems appropriate. (C) Present value savings of at least 5.00% of the par amount of the Refunded Series 1994A Bonds and.present value savings of at leaSt 5.00% of the par amount of the Refunded Series 1994B Bonds, in each case as determined by the Issuer's Financial Advisor. (D) Receipt by the Chairman of a disclosure statement and a truth-in-bonding statement of the Underwriter dated the date of the Bond Purchase Contract and complying with Section 218.385, Florida Statutes. Upon satisfaction of all the requirements set forth in this Section 6, the Chairman is authorized to execute and deliver the Bond Purchase Contract containing terms complying with the provisions of this Section 6 and the Series 2003 Bonds shall be sold to the Underwriters pursuant to the provisions of such Bond Purchase Contract. The Chairman may rely upon the advice of the Issuer's Financial Advisor as to satisfaction of the provisions of this Section 6. SECTION 7. REDEMPTION PROVISIONS. The Series 2003A Bonds shall not be subject to redemption prior to their respective maturities. The Series 2003B Bonds may be redeemed prior to their respective maturities as may be determined by the Chairman, in his discretion, pursuant to Section 6 hereof and described in the Bond Purchase Contract. SECTION 8. BOOK-ENTRY. Notwithstanding the provisions set forth in Section 2.08 of the Resolution, the Series 2003A Bonds and the Series 2003B Bonds each shall be initially issued in the form of a separate single certificated fully registered Bond for 7 each of the maturities of each Series of Series 2003 Bonds. Upon initial issuance, the ownership of each such Series 2003 Bond shall be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"). Except as provided in this Section 8, all of the Outstanding Series 2003 Bonds shall be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. As long as either series of the Series 2003 Bonds shall be registered in the name of Cede & Co., all payments of interest on such series of Bonds shall be made by the Paying Agent by check or draft or by wire transfer to Cede & Co., as Holder of those Bonds. With respect to Series 2003 Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the Issuer, the Registrar and the Paying Agent shall have no responsibility or obligation to any participant in the DTC book- entry pro,am or to any indirect participant (a "Participant"). Without limiting the immediately preceding sentence, the Issuer, the Registrar and the Paying Agent shall have no responsibility or obligation with respect to (A) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest on the Series 2003 Bonds, (B) the delivery to any Participant or any other Person other than a Series 2003 Bondholder, as shown in the registration books kept by the Registrar, of any notice with respect to the Series 2003 Bonds, including any notice of redemption, or (C) the payment to any Participant er any other Person, other than a Series 2003 Bondholder, as shown in the registration books kept by the Registrar, of any amount with respect to principal of, redemption premium, if any, or interest on the Series 2003 Bonds. The Issuer, the Registrar and the Paying Agent may treat and consider the Person in whose name each Bond is registered in the registration books kept by the Registrar as the Holder and absolute owner of such Series 2003 Bond for the purpose of payment of principal, redemption premium, if any, and interest with respect to such Series 2003 Bond, for the purpose of giving notices of redemption and other matters ~vith respect to such Series 2003 Bond, for the purpose of registering transfers with respect to such Series 2003 Bond, and for all other purposes whatsoever. The Paying Agent shall pay all principal of, redemption premium, if any, and interest on the Series 2003 Bonds only to or upon the order of the respective Holders, as shown in the registration books kept by the Registrar, or their respective attorneys duly authorized in writing, as provided herein and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to payment of principal, redemption premium, if any, and interest on the Series 2003 Bonds to the extent of the sum or sums so paid. No Person other than a Holder, as shown in the registration books kept by the Registrar, shall receive a certificated Series 2003 Bond evidencing the obligation of the Issuer to make payments of principal, redemption premium, if any, and interest pursuant to the provisions hereof. Upon delivery by DTC to the Issuer of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions herein with respect to 8 transfers during the 15 days next preceding an Interest Date or mailing of notice of redemption, the words "Cede & Co." in the Resolution shall refer to such new nominee of DTC; and upon receipt of such notice, the Issuer shall promptly deliver a copy of the same to the Registrar and the Paying Agent. Upon (A) receipt by the Issuer of written notice from DTC (i) to the effect that a continuation of the requirement that all of the Outstanding Series 2003A Bonds or Series 2003B Bonds be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, is no~ in the best interest of the beneficial owners of such Series of Series 2003 Bonds or (ii) to the effect that DTC is unable or unwilling to discharge its responsibilities and no substitute depository willing to undertake the functions of DTC hereunder can be found which is willing and able to undertake such functions upon reasonable and customary terms, or (B) determination by the Issuer, in its sole discretion, that such book-entry only system is burdensome to the Issuer, the Series 2003A Bonds or Series 2003B Bonds, as the case may be, shall no longer be restricted to being registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, but may be registered in whatever name or names Holders shall designate, in accordance with the provisions hereof. In such event, the Issuer shall issue and the Registrar shall authenticate, transfer and exchange the Series 2003A Bonds or Series 2003B Bonds, as the case may be, of like principal amount and maturity, in denominations of $5,000 or any integral multiple thereof to the Holders thereof. The foregoing notwithstanding, until such time as participation in the book-entry only system is discontinued, the provisions set forth in the Blanket Letter of Representations previously executed by the Issuer and delivered to DTC in order to induce DTC to act as securities depository for the Series 2003 Bonds shall apply to the payment of principal of and interest on the Series 2003 Bonds. SECTION 9. APPLICATION OF SERIES 2003 BOND PROCEEDS. The proceeds derived from the sale of the Series 2003 Bonds shall be applied by the Issuer simultaneously with the delivery thereof as follows: (A) An amount equal to the accrued interest on the Series 2003 Bonds, if any, shall be deposited to the Interest Account and shall be used for the purpose of paying the interest which shall become due on the Series 2003 Bonds. (B) A sufficient amount of Series 2003A Bond proceeds, together with other legally available moneys, shall be deposited irrevocably in trust in an escrow deposit trust fund established under the terms and provisions of the hereinafter defined Series 1994A Escrow Deposit Agreement and, other than a cash deposit, shall be invested in Series 1994A Refunding Securities in the manner set forth in the Series 1994A Escrow Deposit Agreement, which investments shall mature at such times and in such amounts as shall be sufficient, 9 together with such cash deposit, to pay the principal of or Redemption Price, if applicable, and interest on the Refunded Series 1994A Bonds as the same are redeemed on the Redemption Date. (C) A sufficient amount of Series 2003B Bond proceeds, together with other legally available moneys, shall be deposited irrevocably in trust in an escrow deposit trust fund established under the terms and provisions of the hereinafter defined Series 1994B Escrow Deposit Agreement and, otherthan a cash deposit, shall be invested in Series 1994B Refunding Securities in the manner set forth in the Series 1994B Escrow Deposit Agreement, which investments shall mature at such times and in such amounts as shall be sufficient, with such cash deposit, to pay the principal of or Redemption Price, if applicable, and interest on the Refunded Series 1994B Bonds as the same are redeemed on the Redemption Date. (D) The remaining Series 2003 Bond proceeds shall be applied to the payment of the premium of the municipal bond insurance policy applicable to the Series 2003 Bonds and to the payment of costs and expenses relating to the issuance of the Series 2003 Bonds. SECTION 10. PRELIMINARY OFFICIAL STATEMENT. The Issuer hereby authorizes the distribution and use of the Preliminary Official Statement in substantially the form attached hereto as Exhibit B in connection with offering the Series 2003 Bonds for sale. If between the date hereof and the mailing of the Preliminary Official Statement it is necessary to make insertions, modifications or changes in the Preliminary Official Statement, the Chairman is hereby authorized to approve such insertions, changes and modifications. The Chairman is hereby authorized to deem the Preliminary Official Statement "final" within the meaning of Rule 15c2-12 promulgated under the Securities Exchange Act of 1934 (the "Rule") in the form as mailed. Execution of a certificate by the Chairman deeming the Preliminary Official Statement "final" as described above shall be conclusive evidence of the approval of any insertions, changes or modifications. SECTION 11. OFFICIAL STATEMENT. Subject in all respects with the satisfaction of the conditions set forth in Section 6 hereof, the Chairman is hereby authorized and directed to execute and deliver a final Official Statement, dated the date of the execution of the Bond Purchase Contract, which shall be in substantially the form of the Preliminary Official Statement, in the name and on behalf of the Issuer, and thereupon to cause such Official Statement to be delivered to the Underwriters with such changes, amendments, modifications, omissions and additions as may be approved by the Chairman. Said Official Statement, including any such changes, amendments, modifications, omissions and additions as approved by the Chairman, and the information contained therein are hereby authorized to be used in connection with the sale of the Series 2003 Bonds to the public. Execution by 10 the Chairman of the Official Statement shall be deemed to be conclusive evidence of approval of such changes. SECTION 12. AUTHORIZATION TO EXECUTE ESCROW DEPOSIT AGREEMENTS. Subject in all respects to the satisfaction of the conditions set forth in Section 6 hereof, the Issuer hereby authorizes and directs the Chairman and Clerk to execute two Escrow Deposit Agreements (the "Series 1994A Escrow Deposit Agreement" and the "Series 1994B Escrow Deposit Agreement" and collectively, the "Escrow Deposit Agreements") and to deliver the Escro~ Deposit Agreements to Fifth Third Bank, Cincinnati, Ohio, which is hereby appointed as escrow agent thereunder (the "Escrow Agent"). All of the provisions of the Escrow Deposit Agreements when executed and delivered by the Issuer as authorized herein and when duly authorized, executed and delivered by the Escrow Agent, shall be deemed to be a part of this Supplemental Resolution as fully and to the same extent as if incorporated verbatim herein, and the Escrow Deposit Agreements shall be in substantially the form of the Series 1994A Escrow Deposit Agreement and the Series 1994B Escrow Deposit Agreement attached hereto as Exhibits C and D, respectively, with such changes, amendments, modifications, omissions and additions, including the date of such Escrow Deposit Agreements, as may be approved by said Chairman and Clerk. Execution by the Chairman and the Clerk of each Escrow Deposit Agreement shall be deemed to be conclusive evidence of approval of such changes. The Financial Advisor, the Underwriters, Bond Counsel and the Escrow Agent are hereby authorized and directed to execute and file all documents necessary to purchase or subscribe to the Refunding Securities on behalf of the Issuer which relate to the Escrow Deposit Agreements. SECTION 13. TRANSFER OF MONEYS TO ESCROW DEPOSIT TRUST FUNDS. Subject in all respects to the satisfaction of the conditions set forth in Section 6 hereof, excess moneys in the Sinking Fund not required by the terms of the Resolution to be on deposit therein and which are allocated to the Refunded Series 1994A Bonds and the Refunded Series 1994B Bonds shall be transferred to the respective escrow deposit trust funds established pursuant to the Escrow Deposit Agreements in accordance with the Escrow Deposit Agreements. SECTION 14. APPOINTMENT OF PAYING AGENT AND REGISTRAR. Subject in all respects with the satisfaction of the conditions set forth in Section 6 hereof, Fifth Third Bank, Cincinnati, Ohio, is hereby designated Registrar and Paying Agent for the Series 2003 Bonds. The Chairman and the Clerk are hereby authorized to enter into any agreement which may be necessary to effect the transactions contemplated by this Section 14 and by the Resolution. 11 SECTION 15. INSURANCE. Subject in all respects to the satisfaction of the conditions set forth in Section 6 hereof, the Issuer hereby authorizes the scheduled payment of the principal of and interest on the Series 2003 Bonds when due to be guaranteed by a municipal bond insurance policy (the "Bond Insurance Policy") issued by Financial Security Assurance Inc. (the "Insurer" or "Financial Security"), a New York stock insurance company, or any successor thereto or assignee thereof. The Chairman and/or the Clerk are hereby authorized to execute such documents and instruments necessary to cause Financial Security to insure the Series 2003 Bonds. With respect to the Series 2003 Bonds, Financial Security shall be deemed to be the "Insurer" as guch term is used and defined in the Resolution. SECTION16. PROVISIONS RELATING TO BOND INSURANCE POLICY. The following provisions relating to the Bond Insurance Policy issued by Financial Security shall apply to the Series 2003 Bonds notwithstanding anything to the contrary otherwise set forth in the Resolution, so long as the Bond Insurance Policy is in full force and effect and any Series 2003 Bonds shall remain Outstanding: (A) If, on the third business day prior to the related scheduled interest payment date or principal payment date ("Payment Date") there is not on deposit with the Issuer, after making all transfers and deposits required under the Resolution, moneys sufficient to pay the principal of and interest on the Series 2003 Bonds due on such Payment Date, the Issuer shall give notice to Financial Security and to its designated agent (if any) (the "Insurer's Fiscal Agent") by telephone or telecopy of the amount of such deficiency by 12:00 noon, New York City time, on such business day. If, on the second business day prior to the related Payment Date, there continues to be a deficiency in the amount available to pay the principal of and interest on the Series 2003 Bonds due on such Payment Date, the Issuer shall notify the Paying Agent and cause the Paying Agent to make a claim under the Bond Insurance Policy and give notice to Financial Security and the Insurer's Fiscal Agent (if any) by telephone of the amount of such deficiency, and the allocation of such deficiency between the amount required to pay interest on the Series 2003 Bonds and the amount required to pay principal of the Series 2003 Bonds, confirmed in writing to Financial Security and the Insurer's Fiscal Agent by 12:00 noon, New York City time, on such second bus'iness day by filling in the form of Notice of Claim and Certificate delivered with the Bond Insurance Policy. (B) In the event the claim to be made is for a mandatory sinking fund redemption installment, upon receipt of the moneys due, the Registrar shall authenticate and deliver to affected Series 2003 Bondholders who surrender their Series 2003 Bonds a new Bond or Bonds in an aggregate principal amount equal to the unredeemed portion of the Series 2003 Bond surrendered. The Paying Agent shall designate any portion of payment of principal on Series 2003 Bonds paid by Financial Security, whether by virtue of mandatory sinking fund redemption, maturity or other advancement of maturity, on its books as a reduction in the 12 principal amount of Series 2003 Bonds registered to the then current Bondholder, whether DTC or its nominee or otherwise, and shall issue a replacement Series 2003 Bond to Financial Security, registered in the name of Financial Security Assurance Inc., in a principal amount equal to the amount of principal so paid (without regard to authorized denominations); provided that the Paying Agent's failure to so designate any payment or issue any replacement Bond shall have no effect on the amount of principal or interest payable by the Issuer on any Series 2003 Bond or the subrogation fights of Financial Security. (C) The Paying Agent shall' keep a complete and accurate record of all funds deposited by Financial Security into the hereinafter defined Policy Payments Account referenced below and the allocation of such funds to payment of interest on and principal paid in respect of any Series 2003 Bond. Financial Security shall have the fight to inspect such records at reasonable times upon reasonable notice to the Paying Agent. (D) Upon payment of a claim under the Bond Insurance Policy, the Paying Agent shall establish a separate special purpose trust account for the benefit of the Series 2003 Bondholders referred to herein as the "Policy Payments Account" and over which the Paying Agent shall have exclusive control and sole right of withdrawal. The Paying Agent shall receive any amount paid .under the Bond Insurance Policy in trust on behalf of the Series 2003 Bondholders and shall deposit any such amount in the Policy Payments Account and distribute such amount only for purposes of making the payments for which a claim was made. Such amounts shall be disbursed by the Paying Agent to Bondholders in the same manner as principal and interest payments are to be made with respect to the Series 2003 Bonds under the terms hereof and of the Resolution regarding payment of Series 2003 Bonds. It shall not be necessary for such payments to be made by checks or wire transfers separate from the check or wire transfer used to pay debt service with other funds available to make such payments. Notwithstanding anything to the contrary otherwise set forth in the Resolution, and to the extent permitted by law, in the event amounts paid under the Bond Insurance Policy are applied to claims for payment of principal of or interest on the Series 2003 Bonds, interest on such principal of and interest on such Series 2003 Bonds shall accrue and be payable from the date of such payment at the greater of (i) the per annum rate of interest, publicly announced from time to time by JPMorgan Chase Bank or its successor at its principal office in the City of New York, as its prime or base lending rate plus 3%, and (ii) the then applicable rate of interest on the Series 2003 Bonds provided that in no event shall such rate exceed the maximum rate permissible under applicable usury or similar laws limiting interest rates. (E) Funds held in the Policy Payments Account shall not be invested by the Paying Agent and may not be applied to satisfy any costs, expenses or liabilities of the Paying Agent. 13 Any funds remaining in the Policy Payments Account following a Series 2003 Bond Payment Date shall promptly be remitted to Financial Security. (F) No modification, amendment or supplement to the Resolution pursuant to Article VIII which requires the consent of any Series 2003 Bondholders or would otherwise impair the interests of Financial Security may become effective except upon obtaining the prior written consent of Financial Security. (G) Financial Security shall, io the extent it makes any payment of principal of or interest on the Series 2003 Bonds, become subrogated to the rights of the recipients of such payments in accordance with the terms of the Bond Insurance Policy. The obligations to Financial Security shall survive discharge or termination of the Resolution (H) The Issuer shall pay or reimburse Financial Security, to the extent permitted by law, any and all charges, fees, costs and expenses which Financial Security may reasonably pay or incur in connection with (i) the administration, enforcement, defense or preservation of any fights or security in the Resolution; (ii) the pursuit of any remedies under the Resolution or any other related document or otherwise afforded by law or equity, (iii) any amendment, waiver or other action with respect to, or related to, the Resolution or any other related document whether or not executed or completed, (iv) the violation by the Issuer of any law, rule or regulation, or any judgment, order or decree applicable to it or (v) any litigation or other dispute in connection with the Resolution or any other related document or the transactions contemplated thereby, other than amounts resulting from the failure of Financial Security to honor its obligations under the Bond Insurance Policy. Financial Security reserves the right to charge a reasonable fee as a condition to executing any amendment, waiver or consent proposed in respect of the Resolution or any other related document. (I) Financial Security shall be entitled to pay principal or interest on the Series 2003 Bonds that shall become Due for Payment but shall be unpaid by reason of Nonpayment by the Issuer (as such terms are defined in the Bond Insurance Policy) and any amounts due on the Series 2003 Bonds as a result of acceleration of the maturity thereof in accordance with the Resolution, whether or not Financial Security has received a Notice of Nonpayment (as such terms are defined in the Bond Insurance Policy) or a claim upon the Bond Insurance Policy. (J) The notice address of Financial Security is: Financial Security Assurance Inc., 350 Park Avenue, New York, New York 10022-6022, Attention: Managing Director - Surveillance; Re: PolicyNo. , Telephone: (212) 826-0100, Telecopier: (212) 339- 3556. In each case in which notice or other communication refers to an event of default, then 14 /4- a copy of such notice or other communication shall also be sent to the attention of General Counsel and shall be marked to indicate "URGENT MATERIAL ENCLOSED." (K) charge: Financial Security shall be provided with the following information at no (i) (ii) (iii) (iv) (v) (vi) (vii) Annual audited financial statements within 30 days after the completion of the Issuer's annual audit (and in any event within 180 days of the end of the Issuer's fiscal year) and the Issuer's annual budget and revised budget within 30 days after the approval thereof together with such other information, data or reports as Financial Security shall reasonably request from time to time; Notice of any draw upon the Reserve Account within two business days after knowledge thereof other than (a) withdrawals of amounts in excess of the Reserve Account Requirement and (b) withdrawals in connection with a refunding of Bonds; Notice of any default known to the Paying Agent or the Issuer within five business days after knowledge thereof; Prior notice of the advance refunding or redemption of any of the Series 2003 Bonds, including the principal amount, maturities and CUSIP numbers thereof; Notice of the resignation or removal of the Paying Agent and Registrar and the appointment of, and acceptance of duties by, any successor thereto; Notice of the commencement of any proceeding by or against the Issuer commenced under the United States Bankruptcy Code or any other applicable bankruptcy, insolvency, receivership, rehabilitation or similar law (an "Insolvency Proceeding"); Notice of the making of any claim in connection with any Insolvency Proceeding seeking the avoidance as a preferential transfer of any payment of principal of, or interest on, the Series 2003 Bonds; 15 (viii) A full original transcript of all proceedings relating to the execution of any amendment or supplement to the Resolution and any related documents; and (ix) All reports, notices and correspondence to be delivered under the terms of the Resolution or any related documents. (L) Financial Security is considered a third party beneficiary under the Resolution. (M) Copies of any modification or amendment to the Resolution shall be sent to Standard & Poor's Ratings Services and Moody's Investors Service at least 10 days prior to the effective date thereof. CN) The rights granted to Financial Security under the Resolution to request, consent to or direct any action are rights granted to the Insurer in consideration of its issuance of the Bond Insurance Policy. Any exercise by Financial Security of such rights is merely an exercise of Financial Security's contractual rights and shall not be construed or deemed to be taken for the benefit or on behalf of the Series 2003 Bondholders nor does such action evidence any position of Financial Security, positive or negative, as to whether the Series 2003 Bondholder consent is required in addition to consent of Financial Security. (O) Amounts paid by Financial Security under the Bond Insurance Policy shall not be deemed paid for purposes of the Resolution and shall remain Outstanding and continue to be due and owing until paid by the Issuer in accordance with the Resolution. (P) Financial Security shall be deemed to be the sole holder of the Series 2003 Bonds insured by it for the purpose of exercising any voting right or privilege or giving any consent or direction or taking of any other action that the holders of the Series 2003 Bonds insured by it are entitled to take pursuant to Article VII of the Resolution and the provisions of the Resolution pertaining to the duties and obligations of the Paying Agent or trustee, if any. (Q) The Resolution shall not be discharged unless all amounts due or to become due to Financial Security have been paid in full or duly provided for. (R) No contract shall be entered into by the Issuer nor any action taken by the Issuer by which the rights of Financial Security or security for or sources of payment of the Series 2003 Bonds may be materially impaired or materially prejudiced except upon obtaining the prior written consent of Financial Security. (S) Notwithstanding the provisions of Section 9.01 of the Resolution, to accomplish the defeasance of the Series 2003 Bonds, the Issuer shall cause to be delivered (i) a report of an independent firm of nationally recognized certified public accountants or such other account as shall be acceptable to Financial Security ("Accountant") verifying the sufficiency of the escrow established to pay the Series 2003 Bonds in full on the maturity or redemption date ("Verification"), (ii) an Escrow Deposit Agreement (which shall be acceptable in form and substance to Financial Security), and (iii) an opinion of nationally recognized bond counsel to the effect that the Series 2003 Bonds are no longer "Outstanding" under the Resolution, each Verificatiofi and defeasance opinion shall be acceptable in form and substance, and addressed, to the Issuer, the Paying Agent and Financial Security. Financial Security shall be provided with final drafts of the above-referenced documentation not less than five business days prior to the funding of the escrow. Series 2003 Bonds shall be deemed "Outstanding" under the Resolution unless and until they are in fact paid and retired or the above criteria and the other criteria set forth in Section 9.01 are met. (T) The Issuer covenants and agrees to take such action (including, as applicable, filing of UCC financing statements and continuations thereof) as is necessary from time to time to otherwise preserve the priority of the pledge of the Pledged Funds under applicable law. .. (U) Notwithstanding satisfaction of other conditions to the issuance of Additional Bonds contained in the Resolution, no such issuance may occur (i) should any Event of Default (or any event which, once all notice or grace periods have passed, would constitute an Event of Default) have occurred and be continuing unless such default shall be cured upon such issuance and (ii) unless the Reserve Account is fully funded at its requirement (including the new issue) upon the issuance of such Additional Bonds, in either case unless otherwise permitted by Financial Security. (V) In determining whether any amendment, consent or other action to be taken, or any failure to act, under the Resolution would adversely affect the security for the Series 2003 Bonds or the rights of the Series 2003 Bondholders, the Paying Agent and the Issuer shall consider the effect of any such amendment, consent, action or inaction as if there were no Bond Insurance Policy. SECTION 17. SECONDARY MARKET DISCLOSURE. Subject in all respects to the satisfaction of the conditions set forth in Section 6 hereof, the Issuer hereby covenants and agrees that, in order to provide for compliance by the Issuer with the secondary market disclosure requirements of the Rule, it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate to be executed by the Issuer and dated the dated date of the Series 2003 Bonds, as it may be amended from time to time in accordance with the terms thereof. The Continuing Disclosure Certificate shall be substantially in the form of Exhibit E hereto with such changes, amendments, modifications, omissions and additions as shall be approved by the Chairman who is hereby authorized to execute and delivery such Certificate. Notwithstanding any other provision of the Resolution, failure of the Issuer to comply with such Continuing Disclosure Certificate shall not be considered an Event of Default under the Resolution; provided, however, to the extent permitted by law, the sole and exclusive remedy of any Series 2003 Bondholder for the enforcement of the provisions of the Continuing Disclosure Certificate shall be an action for mandamus or specific performance, as applicable, by court order, to cause the Issuer to comply with its obligations under this Section 17 and the Continuing Disclosure Certificate. For purposes of this Section 17, "Series 2003 Bondholder" shall mean any Person who (A) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Series 2003 Bonds (including persons holding such Bonds through nominees, depositories or other intermediaries), or (B) is treated as the owner of any such Bond for federal income tax purposes. SECTION 18. GENERAL AUTHORITY. The members of the Governing Board of the Issuer, the Clerk and the officers, attorneys and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by this Supplemental Resolution, the Resolution, the Official Statement, the Continuing Disclosure Certificate, the Escrow Deposit Agreements or the Bond Purchase Contract or desirable or consistent with the requirements hereof or the Resolution, the Official Statement, the Continuing Disclosure Certificate, the Escrow Deposit Agreements or the Bond Purchase Contract for the full punctual and complete performance of all the terms, covenants and agreements contained herein or in the Series 2003 Bonds, the Resolution, the Official Statement, the Continuing Disclosure Certificate, the Escrow Deposit Agreements and the Bond Purchase Contract and each member, employee, attorney and officer of the Issuer and the Clerk is hereby authorized and directed to execute and deliver any and all papers and instruments and to be and cause to be done any and all acts and things necessmy or proper for carrying out the transactions contemplated hereunder. The Issuer hereby authorizes its Financial Advisor and Bond Counsel to do all things necessary to acquire the Series 1994A Refunding Securities and the Series 1994B Refunding Securities. In the event the Chairman is absent or unavailable to perform any function or duty hereunder, including those provided in Section 6 hereof, the Vice-Chairman is hereby authorized to perform any and all of such functions or duties. SECTION 19. SEVERABILITY AND INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited or against public policy, or shall for any reason whatsoever be held invalid, then 18 such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Series 2003 Bonds. SECTION 20. RESOLUTION TO CONTINUE IN FORCE. Except as herein expressly provided, the Resolution and all the terms and provisions thereof are and shall remain in full force and effect. SECTION 21. EFFECTIVE DATE. This Supplemental Resolution shall become effective immediately upon its adoption. DULY ADOPTED, in Regular Session this 10th day of June, 2003. COLLIER COUNTY WATER-SEWER DISTRICT (SEAL) ATTEST: By: Chairman, Board of County Commissioners of Collier County, Florida, as the Ex-Officio Chairman of the Governing Board of the Collier County Water-Sewer District Clerk, Board of County Commissioners of Collier County, Florida, as Ex-Officio Clerk of the Governing Board of the Collier County Water-Sewer District APPROVED AS TO FORM AND LEGAL SUFFICIENCY: District Attorney 19 EXHIBIT A FORM OF BOND PURCHASE CONTRACT COLLIER COUNTY WATER-SEWER DISTRICT $ Taxable Water and Sewer Refunding Revenue Bonds, Series 2003A $ Water and Sewer Refunding Revenue Bonds, Series BOND PURCHASE CONTRACT ,2003 Collier County Water-Sewer District Government Complex 3301 East Tamiami Trail Naples, Florida 34112 Ladies and Gentlemen: Raymond James & Associates, Inc. (the '~enior Managing Underwriter-), on its own behalf and on behalf of UBS Financial Services Inc. (collectively, the "Underwriters") offers to enter into this Bond Purchase Contract (the -Contract-) with the Collier County Water-Sewer District (the "Issuer"), which, upon the Issuer's acceptance of this offer, will be binding upon the Issuer and upon the Underwriters. This offer is made subject to the Issuer's acceptance on or before 11:59 p.m., E.S.T.. on the date hereof, and if not so accepted, will be subject to withdrawal bv the Senior Managing Underwriter upon notice to the Issuer at any time prior to the acceptance hereof by the Issuer. 1. Purchase and Sale. Upon the terms and conditions and in reliance upon the representations, warranties, covenants and agreements set forth herein, the Underwriters hereby agree to purchase from the Issuer on the Settlement Date (hereinafter defined) for offering to the public, and the Issuer hereby agrees to sell and deliver to the Underwriters for such purpose, all (but not less than all) of the Issuer's $__ aggregate principal amount of Taxable Water and Sewer Refunding Revenue Bonds, Series 2003A (the "Series 2003A Bonds") and $__ aggregate principal amount of Water and Sewer Refunding Revenue Bonds. Series 2003B (the "Series 2003B Bonds," and together with the Series 2003A Bonds, collectively, the "Bonds"). The Bonds shall be dated as of , 2003, shall be issued in such principal amounts, and shall bear such rates of interest, and shall have such optional and mandatory redemption provisions, all as set forth in Schedule I attached hereto. Interest on the Bonds shall be payable semiannually on January 1 and July i of each year until maturity, commencing January 1, 2004. The aggregate purchase price of the Series 2003A Bonds shall be $ (which takes into account an original issue discount of $ and an Underwriters-discount of $ ). The aggregate purchase price of the Series 2003B Bonds shall be $_ (which takes into account an original issue discount of $ and an Underwriters-discount of $ ). The municipal bond insurance policy relating to the Bonds (the "2003 Policy") will be purchased from Financial Security Assurance Inc. (the "Insurer"). The Bonds shall initially be offered to the public at such prices or yields (including discounts and premiums) as indicated on Schedule I attached hereto. The Bonds shall be issued pursuant to the Constitution and Laws of the State of Florida. including particularly Chapter 153, Florida Statutes, Chapter 78-489, Laws of Florida, as amended by Chapter 88-499, Laws of Florida, and other applicable provisions of law (collectively, the -Act-), and Resolution No. CWS-85~5 of the Issuer adopted on July 30, 1985, as · restated, amended and supplemented, and as particularly supplemented by Resolution No. __ of the Issuer adopted on 2003 (collectively, the "Resolution"). Any capitalized terms used but not otherwise defined herein 'shall have the respective meanings assigned such terms in the Resolution. The Series 2003A Bonds are being issued, together with certain other legally available funds of the Issuer, to (i) refund the Issuer~ currently outstanding Taxable Water and Sewer Refunding Revenue Bonds, Series 1994A maturing on and after July 1, 2004 (the "Refunded 1994A Bonds"), and (ii) pay certain costs of issuance of the Series 2003A Bonds including a portion of the municipal bond insurance premium. The Series 2003B Bonds are being issued, together with certain other legally available funds of the Issuer, to (i) refund the Issuer's currently outstanding Water and Sewer Refunding Revenue Bonds, Series 1994B maturing on and after July 1, 2004 (the "Refunded 1994B Bonds, and together with the Refunded 1994A Bonds, the "Refunded Bonds"), and (ii) pay certain costs of issuance of the Series 2003B Bonds including a portion of the municipal bond insurance premium. The Bonds will be issued as Additional Bonds on a parity with Issuer's outstanding Water and Sewer Refunding Revenue Bonds, Series 1999A and Series 1999B (collectively, the "Prior District Bonds"). all issued by the Issuer pursuant to the provisions of the Resolution. The principal of, premium, if any, and interest on the Bonds shall be secured by a pledge of and lien upon (i) the Net Revenues to be derived from the operation of the System, (ii) System Development Fees, (iii) the proceeds from any and all assessments against property benefitted by the Svstem or anv part thereof ("Special Assessments"), provided that Special Assessments shall be s~bject to the 'provisions and lien and pledge of the Resolution only if and to the extent provision for inclusion as a part of the Pledged Funds has been made by a supplemental resolution to be adopted bv the Issuer ("Special Assessment Proceeds"), and (iv) until applied in accordance with the p~ovisions of the Resolution. all moneys, including investments thereof, in the funds and accounts established under the Resolution. except fbr the Revenue Fund and the Operation and Maintenance Fund (collectively, "Pledged Funds"). At the present time, the Issuer has not designated any Special Assessments to be a part of Pledged Funds relating to the Bonds. The Underwriters agn'ee to make a public offering of the Bonds at the initial offering prices or vields set forth in Schedule I attached hereto: provided, however, the Underwriters reserve the right to make concessions to dealers and to change such initial offering prices or yields as the Underwriters shall deem necessary in connection with the marketing of the Bonds. The Senior Managing Underwriter has been duly authorized to execute this Contract and has been duly authorized to act hereunder by and on behalf of the other Underwriter. The Underwriters ~vill comply with all Municipal Securities Rulemaking Board rules and regulations. 2. Good Faith Deposit. Delivered to the Issuer herewith, as a good faith deposit, is a good faith check of the Senior Managing Underwriter payable to the order of the Issuer in the amount of $ as security for the peribrmance by the Underwriters of their obligation to accept and pay for the Bonds on t~ae Settlement Date in accordance with the provisions hereof. In the event that the Issuer acct pt this offer, said check will be held uncashed by the Issuer as a good faith deposit. At the Settlement, the check will be returned to the Senior Managing Underwriter. In the event the Issuer does not accept this offer, the check shall be immediately returned to the Senior Managing Underwriter. If the Underwriters fail (other than for a reason permitted hereunder) to accept and pay for the Bonds at the Settlement as provided herein, the cheek may be cashed by the Issuer and the proceeds retained by the Issuer as and for full liquidated damages for such failure and for any and all defaults hereunder on the part of the Underwriters. and the retention of such amounts shall constitute a full release and discharge of all claims and damages for such failure and for any and all such defaults hereunder on the part of the Underwriters, and this Contract shall thereafter become null and void, and of no further force or effect. In the event that the Issuer fails to deliver the Bonds on the Settlement Date, or if the Issuer is unable at or prior to the Settlement Date to satisfy or cause to be satisfied the conditions to the obligations of the Underwriters contained in this Contract, or if the obligations of the Underwriters contained herein shall be cancelled or terminated for any reason permitted by this Contract, the Issuer shall be obligated to immediately return the check to the Underwriters and receipt of such check shall constitute a full release by the Underwriters of any and all claims against the Issuer. 3. Offering. It shall be a condition of the Issuer's obligation to sell and deliver the Bonds to the Underwriters, and the obligation of the Underwriters to purchase and accept delivery of the Bonds, that the entire initial aggregate principal amount of the Bonds shall be sold and delivered by the Issuer and accepted and paid for by the Underwriters on the Settlement Date. 4. Preliminary Official Statement and Official Statement. The Issuer hereby confirms that it has heretofore made available to the Underwriters a Preliminary Official Statement of the Issuer relating to the Bonds dated [June 10], 2003 (which, together with the cover page and appendices contained therein, is herein called the "Preliminary Official Statement"), and authorizes, ratifies and approves the distribution thereof to prospective purchasers and investors. Within seven business days of the acceptance hereof by the Issuer, and at least three business days prior to the Settlement Date, the Issuer shall cause to be delivered such reasonable number of conformed copies as the Underwriters shall request of the final Official Statement, dated the date h~reof in substantially the form of~the Preliminary Official Statement with all "permitted omissions" (as defined in the hereinafter described Rule) completed (which, together with the cover page and appendices contained therein, is herein called the "Official Statement"), executed on behalf ~of the Issuer by the Chairman or Vice Chairman, which shall be sufficient in number to comply with paragraph (b)(4) of Rule 15c2-12 of the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended (the -Rule-~ and with Rule G-32 and all other applicable rules of the Municipal Securities Rulemaking Board (the -MSRB'~. The Issuer, by its acceptance hereof ratifies and approves the Preliminary Official Statement and ratifies and approves and authorizes the Underwriters to use the Official Statement and all documents described therein in connection with the public offering and the sale of the Bonds. In accordance with Section 218.385, Florida Statutes, the Underwriters hereby disclose the required information as provided in Attachment I attached hereto, and the Issuer hereby discloses a truth-in-bonding statement in Section 6 hereof. 5. Use of Documents. The Issuer hereby authorize the use by the Underwriters of (a) the Resolution, Co) the Preliminary Official Statement, (c) the Official Statement (including any supplements or amendments thereto), and (d) any other documents related to the transactions contemplated in the Official Statement in connection with the public offering, sale and distribution of the Bonds. 6. Representations, W~rranties and Agreements. The Issuer hereby represents, warrants and agrees as follows: (a) As of the date of the Preliminary Official Statement, the Official Statement and the Settlement Date, the statements and information contained in the Official Statement will be true, correct and complete in all material respects and the Official Statement does not contain any untrue statement of material fact or omit any statement or information which should be included therein for the purposes for which the Official Statement is to be used or which is necessary to make the statements or information contained in the Official Statement, in light of the circumstances under which they were made, not misleading. (b) Between the date of this Contract and the Settlement Date, other than as disclosed in the Official Statement, the Issuer will not execute any bonds, notes or obligations for borrowed money, other than the Bonds, or obligations which pledge either the full faith and credit of the Issuer or the Pledged Funds, without giving prior written notice thereof to the Underwriters. (c) The Issuer is, and will be on the Settlement Date, duly organized and validly existing as a local governmental body corporate'and politic of the State of Florida, with the powers and authority set forth in the Act. (d) The Issuer has full legal right, power and authority to: (i) enter into this Contract, the Continuing Disclosure Certificate to be dated such date as designated by the Issuer (the · Continuing Disclosure Certificate'~, and the Escrow Deposit Agreements relating to the Refunded 1994A Bonds and the Refunded 1994B Bonds to be dated such dates as agreed upon by the parties thereto (the -Escrow Agreements'~, (ii) adopt the Resolution, (iii) enact or adopt the ordinances or resolutions (collectively, the "Rate Instrument") which establish the rates, fees. rentals, charges and other income to be made and collected by the Issuer that comprise the Gross Revenues and System Development Fees of the System; (iv) sell, issue and deliver the Bonds to the Underwriters as provided herein, (v) refund the Refunded Bonds, (vi) pledge the Pledged Funds. and (vii) carry out and consummate the transactions contemplated bv this Contract. the Continuing Disclosure Certificate, the Escrow Agreements, the Resolution, the Prelimina~' Official Statement. and the Official Statement, and th& Issuer has complied, and on the Settlement Date, will be in compliance, in all respects, with the terms of the Act and with the obligations on its part in connection with the issuance of the Bonds contained in the Resolution. the Bonds, this Contract, the Continuing Disclosure Certificate and the Escrow Agreements. (e) Bv all necessary official action, the Issuer has duly adopted or enacted, as the case may be. the ResOlution and the Rate Instrument. has duly authorized and approved the Official Sta~tement substantially in the form of the Preliminary Of~cial Statement. has duly authorized and approved the execution and delivery of, and the performance by the Issuer, of this Contract, the Continuing Disclosure Certificate, and the Escrow Agreements, and all other obligations on its part in connection with the issuance of the Bonds and the consummation by it of all other transactions contemplated by this Contract in connection with the issuance of the Bonds. Upon delivery of the Bonds. the Resolution, the Rate Instrument, this Contract. the Continuing Disclosure Certificate and the Escrow Agreements will each constitute a legal, valid and binding obligations of the Issuer, enforceable in accordance with their; provided, however, the enforceability thereof may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights generally and subject, as to enforceability, to general principles of equity and the exercise of judicial discretion. (f) When delivered to and paid for by the Underwriters on the Settlement Date in accordance with the provisions of this Contract. the Bonds will have been duly authorized, executed, issued and delivered and will constitute legal. ~ Mid and binding obligations of the Issuer in conformity with the Act and the Resolution, and shall be entitled to the benefits of the Resolution; provided, however, the enforceability thereof may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights generally and subject, as to enforceability, to general principles of equity and the exercise of judicial discretion. (g) The refunding of the Refunded Bonds and the adoption and enactment, as the case may be, of the Resolution and the Rate Instrument and the authorization, execution and delivery of this Contract, the Continuing Disclosure Certificate, the Escrow Agreements and the Bonds, and compliance with the provisions hereof and thereof, will not conflict with, or constitute a breach of or default under any law, administrative regulation, consent decree, ordinance, resolution or any agreement or other instrument to which the Issuer was or is subject, as the case may be, nor will such adoption, execution, delivery, authorization or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the Issuer, or under the terms of any law, administrative regulation, ordinance, resolution or instrument, except as expressly provided by the Resolution. (h) As of the date hereof and on the Settlement Date, the Issuer will be in compliance in all material respects with the covenants ~nd agreements contained in the Resolution and no event of default and no event which, with the lapse of time or giving of notice, or both, would constitute an event of default under the Resolution will have occurred or be continuing. (i) Except as provided in the Official Statement, all approvals, consents, authorizations and orders of any governmental authority or agency having jurisdiction in any matter which would constitute a condition precedent to the performance by the Issuer of its obligations hereunder and its obligations under the Resolution have been obtained and are in full force and effect. (j) The Issuer is lawfully empowered to pledge and grant a lien upon the Pledged Funds for payment of the principal of and interest on the Bonds on a parity with the lien of the Prior District Bonds. (k) Except as disclosed in the Official Statement, to the best knowledge of the Issuer, as of the date hereof and the Settlement Date. there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body, pending or threatened against the Issuer, affecting or seeking to prohibit, restrain or enjoin the refunding of the Refunded Bonds or the sale, issuance or delivery of the Bonds or the collection of the Pledged Funds or the pledge of and lien on the Pledged Funds created by the Resolution or contesting or affecting, as to the Issuer, the validity or enforceability in any respect relating to the Bonds, the Resolution. the Rate Instrument, this Contract, the Continuing Disclosure Certificate, or the Escrow Agreements, or contesting the tax-exempt status of interest on the Series 2003B Bonds or the Prior District Bonds, or contesting the completeness or accuracy of the Official Statement or any supplement or amendment thereto, or contesting the powers of the Issuer or any authority for the issuance of the Bonds, the adoption or enactment, as the case may be, of the Resolution or the Rate Instrument, or the execution and delivery by the Issuer of this Contract, the Continuing Disclosure Certificate, the Escrow Agreements or the Official Statement. (1) The Issuer will furnish such information, execute such instruments and take such other action in cooperation with the Underwriters as the Underwriters may reasonably request in order to (i) qualify the Bonds for offer and sale under the "blue sky" or other securities laws and regulations of such states and other jurisdictions of the United States as the Underwriters may designate, and (ii) determine the eligibility of the Bonds for investment under the laws of such states and other jurisdictions, and will use its best efforts to continue such qualifications in effect so long as required for the distribution of the Bonds; provided, however, that the Issuer shall not be required to execute a general or special consent to service of process or quah.~ to do business in connection with any such qualification or determination in any jurisdiction. (m) The Issuer will not take or omit to take any action, which action or omission will in any way cause the proceeds from the sale of the Bonds to be applied in a manner contrary to that provided for in the Resolution and as described in the Official Statement. (n) Except as disclosed in the Official Statement, the Issuer and Collier County, Florida (the 'County-~ are not, and have never been, in default any time after December 31, 1975, as to principal or interest with respect to an obligation issued or guaranteed by either. (o) Neither the Issuer nor the County have been notified of any listing or proposed listing by the Internal Revenue Service to the effect that either is a bond issuer whose arbitrage certifications may not be relied upon. (p) By certificate, as of its date, the Preliminary Official Statement was deemed "final" for purposes of the Rule, except for 'per'mitted omissions" as therein defined by an official of the Issuer who was heretofore authorized to make such certification. (q) Any certificate signed by any official of the Issuer and delivered to the Underwriters shall be deemed to be a representation by the Issuer to the Underwriters as to the statements made therein. (r) If. after the date of this Contract and until the earlier of (i) 90 days from the end of the "underwriting period" (as defined in the Rule) or (ii) the time when the Official Statement is available to any person from a nationally recognized repository, but in no case less than 25 days following the end of the underwriting period, any event shall occur which might or would cause the Official Statement, as then supplemented or amended, to contain any untrue statement of a material fact or to omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, the Issuer shall notify the Under~vriters thereof, and. if in the opinion of the Underwriters, such event requires the preparation and publication of a supplement or amendment to the Official Statement, the Issuer will at its own expense forthwith prepare and furnish to the Underwriters a sufficient number of copies of such amendment or supplement (in form and substance satisfactory to Issuer and the Under~vriters) which will supplement or amend the Official Statement, so that the Official Statement will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances existing at such time, not misleading. The Senior Managing Underwriter shall notify the Issuer in writing of the date on which the "underwriting period" ends. (s) If the Official Statement is supplemented or amended as provided herein, at the time of such supplement or amendment thereto, the Official Statement, as so supplemented or amended. will not contain any untrue statement of a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made. not misleading. Between the date hereof and the Settlement Date, the Issuer will not supplement or amend the Resolution. the Rate Instrument, this Contract, the Escrow Agreements, the Continuing Disclosure Certificate, or the Official Statement without the, prior consent of the Underwriters. (t) Subsequent to the respective dates as of which information is given in the Official Statement, and prior to ~he Settlement Date, except as set forth in or contemplated by the Official Statement, unless consented to by the Underwriters, (1) the Issuer has not incurred and shall not have incurred any material liabilities or obligations relating to the System, direct or contingent. except in the ordinary course of business, and has not entered and will not have entered into any material transaction relating to its System not in the ordinary course of business, (2) there has not been and will not have been any material increase in the long-term debt payable from Pledged Funds or decrease in the fund equity of the fund of the Issuer relating to the System, (3) there has not been and will not have been any material adverse change in the business or financial position or results of operations of the System, (4) no loss or damage (whether or not insured) to the property of the System has been or will have been sustained which materially and adversely affects the operations of the System, and (5) no legal or governmental proceeding affecting the System or the transactions contemplated by this Contract has been or will have been instituted or threatened which is material. (u) Other than as disclosed in the Preliminary Official Statement and the Official Statement, the Issuer has never failed to comply with any agreement to provide continuing disclosure information pursuant to the Rule. (v) The Issuer makes the following representations and statements to comply with Section 218.385(2) and (3), Florida Statutes, by making the following truth-in-bonding statement. The Issuer is proposing to issue $ .. aggregate principal amount of Series 2003A Bonds to provide funds to (i) refund the Issuers currently outstanding Water and Sewer Refunding Revenue Bonds, Series 1994A maturing on and after July 1, 2004, and (ii) pay certain costs of issuance of the Series 2003A Bonds including a portion of the municipal bond insurance policy premium. The Issuer is proposing to issue $ aggregate principal amount of Series 2003B Bonds to provide funds to (i) refund the Issuer's currently outstanding Water and Sewer Refunding Revenue Bonds, Series 1994B maturing on and after July 1, 2004, and (ii) pay certain costs of issuance of the Series 2003B Bonds including a portion of the municipal bond insurance policy premium. The Bonds are expected to be repaid over a period of approximately __ years (from the date of Closing). At a true interest cost rate of %, total interest paid over the life of the Bonds will be $ Pursuant to the Resolution. the Bonds are payable from and secured bv a lien upon the Pledged Funds in the manner and to the extent described in the Resolution. Authorizing the Bonds ~vill result in a maximum of $ __ Pledged Funds not being available to finance the other services of the Issuer each year for approxima[ely __years. (w) Relating to the Refunded Bonds and the Prior District Bonds, to the best knowledge of the Issuer, there is not an unfunded materially significant rebate liability of the Issuer owing the Internal Revenue Service. (x) Since September 30, 2002 (the date of the Issuer~ most recent audited financial statements), no material adverse change has occurred in the financial position and results of operations of the Issuer and the Issuer has not incurred any material liabilities other than in the ordinary course of business, except as set forth in the Official Statement (y) The representations, warranties and agreements of the Issuer contained and referenced herein shall be true and correct and complied with as of the date hereof and as of the Settlement Date, as if made on the Settlement Date. 7. Settlement. At 9:00 a.m., prevailing time, on July 2, 2003, or at such other time on such earlier or later date as shall be mutually agreed upon by the Issuer and the Senior Managing Underwriter, at the offices of Issuer, in Naples, Florida, or at such other place mutually agr~ ed upon, the Issuer will deliver to the Underwriters, at the location and place to be agreed upon by the Issuer and the Senior Managing Underwriter, the Bonds, in fully registered form, duly executed and authenticated, together with the other documents, certificates and opinions herein provided and described in Section 8, and the Underwriters, upon compliance with all the terms and provisions and subject to the conditions hereof, will accept such delivery and pay at such location, as may be agreed upon by the Issuer and the Underwriters, the purchase price of the Series 2003A Bonds and the purchase price of the Series 2003B Bonds as set forth in Section 1 hereof, by immediately available funds, payable to the order of the Issuer. This date is herein called the .Settlement Date,--and such delivery and payment is herein called the °Settlement.°° The Bonds shall be made available to the Underwriters at least two business days before the Settlement for purposes of inspection at the offices of The Depository Trust Company (°DTC'), New York, New York, or at such other place mutually agreed upon. The Bonds shall be prepared and delivered in book-entry only form and as fully registered Bonds in the name of Cede & Co. 8. Settlement Conditions. The Underwriters have entered into this Contract in reliance upon the representations, warranties, covenants and agreements of the Issuer herein contained and the performance by the Issuer of its obligations hereunder, both as of the date hereof and as of the time of Settlement. The obligations of the Underwriters under this Contract are and shall be subject to the following conditions: (a) The representations, warranties and agreements of the Issuer contained and referenced herein shall be true and correct and complied with as of the date hereof and as of the date of the Settlement, as if made on the date of the Settlement. (b) At the time of the Settlement, the Resolution and Rate Instrument shall be in full force and effect in accordance with its terms and shall not have been amended, modified or supplemented, and the Official Statement shall not have been supplemented or amended, except in any such case as may have been agreed to bv the Senior Managing Underwriter. (c) At the time of the Settlement, all official action of the Issuer relating to this Contract. the Escrow Agreements, the Continuing Disclosure Certificate. and the Bonds shall be in full force and effect in accordance With their respective terms and such other agreements, together with the Official Statement, shall not have been amended, modified or supplemented in any material respect, except in each case as may have been agreed to by the Senior Managing Underwriter. (d) The Underwriters may terminate this Contract, without liability therefor, bv notification to the Issuer, it' at any time subsequent to the date of this Contract and prior to the Settlement: (i) Legislation shall be en~cted by the Congress of the United States, or a bill introduced (by amendment or otherwise) or favorably reported or passed by either the House of Representatives or the Senate of the Congress of the United States or any committee of the House or Senate, or a conference committee of such House and Senate makes a report (or takes any other action), or a decision by a court of the United States or the Tax Court of the United States shall be rendered, or a ruling, regulation or fiscal action shall be issued or proposed by or on behalf of the Treasury Department of the United States, the Internal Revenue Service or other governmental ageocy with respect to or having the purpose or effect of changing directly or indirectly the federal income tax consequences of interest on the Series 2003B Bonds in the hands of thc holders thereof (including imposition of a not previously existing minimum federal tax which includes tax-exempt interest in the calculation of such tax), which, in the reasonable opinion of the Senior Managing Underwriter, has, or will, materially adversely affect the market price or the marketability of the Series 2003B Bonds. (ii) Any legislation, rule or regulation shall be introduced in, or be enacted by any department or agency in the State of Florida, or a decision by any court of competent jurisdiction within the State of Florida shall be rendered which, in the reasonable opinion of the Senior Managing Underwriter, materially adversely affects the market for the Bonds or the sale, at the contemplated offering prices, by the Underwriters of the Bonds to be purchased by them. (iii) Any amendment to the Official Statement is proposed by the Issuer or deemed necessary by Bond Counsel or Disclosure Counsel or the Senior Managing Underwriter, in any of their reasonable opinions, pursuant to Section 6(r) hereof which materially adversely affects the market for the Bonds or the sale, at the contemplated offering prices, by the Underwriters, in the reasonable opinion of the Senior Managing Underwriter, of the Bonds to be purchased by them. (iv) Any fact shall exist or any event shall have occurred which makes the Preliminary Official Statement, in the form as printed, in the reasonable opinion of the Senior Managing Underwriter, contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. (v) There shall have occurred any outbreak or escalation of hostilities or any national or international calamity or crisis, financial or otherwise, including a general suspension of trading on any national securities exchange which (i) materially adversely affects the market for the Bonds or the sale of the Bonds, at the contemplated offering prices, by the Underwriters, in the reasonable opinion of Senior Managing Underwriter. or (ii) causes a material disruption in the municipal bond market and as, in the reasonable opinion of the Senior Managing Underwriter, would make it impracticable for them to market the Bonds or to enforce contracts for the sale of the Bonds (it being agreed by the parties hereto that no such hostilities, calamity or crisis is occurring as of the date hereof that had a material effect upon the marketability of the Bonds). (vi) Legislation shall be enacted or any action shall be taken by, or on behalf of. the Securities and Exchange Commission which in the reasonable opinion of counsel to the Underwriters. has the effect of requiring the contemplated issuance or distribution' of the Bonds to be registered under the Securities Act of 1933. or any laws analogous thereto relating to governmental bodies, and compliance therewith cannot be accomplished prior to the Settlement. (vii) A general banking moratorium shall have been declared by the United States, New York or Florida authorities which in the reasonable opinion of the Senior Managing Underwriter, materially adversely affects the market tbr the Bonds or the sale, at the contemplated offering prices, by the Underwriters of the Bonds to be purchased by them. (viii) Any national securities exchange, or any governmental authority, shall impose, as to the Bonds or obligations of the general character of the Bonds, any material restrictions not now in force, or increase materially those now in force, with respect to the extension of credit by, or the charge to the net capital requirements of, the Underwriters. (ix) Any rating of the Bonds shall have been downgraded or withdrawn by a national rating service, which materially adversely affects the market for the Bonds or the sale, at the contemplated offering prices, by the Underwriters of the Bonds to be purchased by them: or any proceeding shall be pending or threatened by the Securities and Exchange Commission against the Issuer. (x) The Insurer shall inform the Issuer or the Underwriters that it will not insure payment of the principal of or interest on the Bonds as described in the Official Statement. (e) documents: At or prior to the date of the Settlement, the Underwriters shall receive the following 2/ (i) The Resolution certified by the Clerk of the Issuer under seal as having been duly enacted and adopted, as the case may be. by the Issuer and as being in effect, and fully executed counterparts of this Contract, the Continuing Disclosure Certificate, the Escrow Agreements and the Official Statement, with only such supplements, modifications or amendments as may have been agreed to by the Underwriters. (ii) Final approving opinions of Nabors, Giblin & Nickerson, P.A., Bond Counsel to the Issuer, addressed to the Issuer, dated the date of the Settlement, in substantially the form attached to the Official Statement as Appendix D and Appendix E. (iii) A letter of Nabors, Giblin & Nickerson, P.A. addressed to the Underwriters and the Insurer, and dated the date of Settlement, to the effect that their final approving opinion referred to in Section 8(e)(ii) hereof may be relied upon by the Underwriters and the Insurer to the same extent as if such opinion were addressed to the Underwriters and the [nsurer. and an opinion of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, dated the date of the Closing and addressed to the Issuer and the Underwriters, to the effect that the Refunded Bonds have been deemed paid and are no longer outstanding for purposes of the resolution which authorized their issuance. (iv) An unqualified supplemental opinion of Nabors, Giblin & Nickerson, P.A. addressed to the Underwriters, and dated the date of Settlement, to the effect that, (i) the statements contained in the Official Statement under the captions .tNTRODUCTION"(other than the informa(ion set forth under the subheadings -The County and the District.-- · Municipal Bond Insurance." and -Additional Information-), -DESCRIPTION OF THE SERIES 2003 BONDS',' 't~LAN OF REFUNDING.---SECURITY FOR THE BONDS,.--TAX CONSEQUENCES OF SERIES 2003A BONDS," "T:~i EXEMPTION - SERIES 2003B BONDS," and -APPENDIX B- SUM~L\RY OF CERTAIN PROVISIONS OF THE RESOLUTION': insofar as such information purports to summarize portions of the Resolution, the Bonds, and Federal tax law, constitutes a fair summary of the information purported to be summarized therein, (ii) the Bonds are exempt from registration under the Securities Act of 1933, as amended, and it is not necessary in connection with the sale of the Bonds to the public to register the Bonds under the Securities Act of 1933, as amended, and (iii) the Resolution is exempt from qualification under the Trust Indenture Act of 1939. as amended. (v) An opinion of Bryant, Miller and Olive, P.A., Disclosure Counsel, addressed to the District. together with a letter addressed to the Underwriters authorizing the Underwriters to rely upon the letter addressed to the District, and dated the date of Closing, in form and substance satisfactory to the Issuer and the Senior Managing Underwriter. (vi) An unqualified opinion of David Weigel, Esq., Attorney to the Issuer, addressed to the Underwriters, and dated the date of the Settlement, to the effect that (A) the Issuer is a body corporate and politic in the State of Florida, duly organized and validly existing and has full legal right, power and authority to adopt or enact, as the case may be, and perform its obligations under the Resolution and the Rate Instrument, and to authorize, execute and deliver and to perform its obligations under the Continuing Disclosure Certificate, the Escrow Agreements and this Contract, (B) the Issuer has duly adopted or enacted, as the case may be, the Resolution and the Rate Instrument, and has duly authorized, executed and delivered this Contract, the Escrow Agreements and the Continuing Disclosure Certificate, and assuming the due authorization, execution and delivery of this Contract and the Escrow Agreements by the other parties thereto, such instruments constitute legal, binding and valid obligations of the Issuer, enforceable in '(o b accordance with their terms; provided, however, the enforceability thereof may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights generally and subject, as to enforceability, to general principles of equity and the exercise of judicial discretion, (C) with respect to the information in the Official Statement and based upon his participation in the preparation of the Official Statement as Attorney to the Issuer, he has no reason to believe that the Official Statement (except for the financial and statistical data contained therein and except for information provided by the Insurer or DTC, as to which no view need be expressed), as to le~l matters, contains any untrue statement of a material fact or omits to state a material [act required to be stated therein or necessary to make thb statements made therein, in light of the circumstances under which they were made, not misleading, (D) the use of the Preliminary Official Statement by the Underwriters for the purpose of offering the Bonds has been duly authorized and ratified by the Issuer, (E) the Official Statement has been duly authorized, executed and delivered by the Issuer, and the Issuer has consented to the use and distribution thereof by the Underwriters, (F) the adoption or enactment, as the case may be, of the Resolution and the Rate Instrument and the authorization, execution and delivery of the Continuing Disclosure Certificate, this Contract, the Escrow Agreements and the Bonds, and compliance with the provisions hereof and thereof, will not conflict with, or constitute a breach of or default under, any law, administrative regulation, consent decree, ordinance, resolution or any agreement or other instrument to which the Issuer is subject nor will such enactment, adoption, execution, delivery, authorization or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the Issuer, or under the terms of any law. administrative regulation, ordinance, resolution or instrument, except as expressly provided by the Resolution. (G) to his knowledge after due inquiry all approvals, consents, authorizations and orders of any governmental authority or agency having jurisdiction in any matter which would constitute a condition precedent to the performance by the Issuer of its obligations hereunder and under the Resolution, the Escrow Agreements and the Continuing Disclosure Certificate have been obtained and are in full force and effect, (H) the Issuer is lawfully empowered to pledge the Pledged Funds to the extent provided in the Resolution, (I) the water and sewer rates, the System Development Charges, and any Special Assessments were established in compliance with the Act and other applicable law, and the Rate Instrument was duly adopted or enacted, as the case may be, and (J) except as disclosed in the Official Statement, to his knowledge after due inquiry, as of the date of his opinion, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body, pending or, to the best of his kno~vledge, threatened against the Issuer, affecting or seeking to prohibit, restrain or enjoin the sale, issuance or delivery of the Bonds or the collection of the Pledged Funds to pay the principal of, premium, if any, and interest on the Bonds, or contesting or affecting as to the Issuer the validity or enforceability of the Act in any respect relating to authorization for the issuance of the Bonds, the Resolution, the Rate Instrument, the Continuing Disclosure Certificate, the Escrow Agreements or this Contract, or contesting the tax-exempt status of interest on the Series 2003B Bonds, or contesting the completeness or accuracy of the Official Statement or any supplements or amendments thereto, or contesting the powers of the Issuer or any authority for the issuance of the Bonds, the adoption or enactment, as the case may be, of the Resolution or the Rate Instrument, or the execution and delivery by the Issuer of this Contract, the Escrow Agreements or the Continuing Disclosure Certificate; notwithstanding the foregoing, Counsel to Issuer shall not be required to pass upon the applicability of any approvals, consents and orders as may be required under the Blue Sky or securities laws or legal investment laws of any state in connection with the offering and sale of the Bonds or in connection with the registration of the Bonds under the Federal securities laws. 11 .9,3 (v/i) A certificate dated the date of the Settlement and signed by the Chairman or Vice Chairman of the Issuer, or such other official satisfactory to the Senior Managing Underwriter, and in form and substance satisfactory to the Senior Managing Underwriter, to the effect that (A) the representations, warranties and covenants of the Issuer contained herein are true and correct to the best of their knowledge and belief in all material respects and are complied with as if made at the time of Settlement, and (B) the Chairman or Vice Chairman has no knowledge or reason to believe that the Official Statement as of its date, and as of the date of Settlement, other than the information provided by the Insurer and DTC, contains any untrue statement of a material fact or omits to state a material fact which should be included therein for the' purposes for which the Official Statement is to be used, or which is necessary in order to make the statements contained therein, in light of the circumstances in which they were made, not misleading. (viii) A certificate of an authorized representative of Fifth Third Bank, Cincinnati, Ohio (the "Bank"), as Bond Registrar and Paying Agent, to the effect that (A) the Bank is a [state] bank duly organized, validly existing and in good standing under the laws of the State of Ohio and is duly authorized to exercise trust powers in the State of Florida, (]3) the Bank has all requisite authority, power, licenses, permits and franchises, and has full corporate power and legal authority to execute and perform its functions under the Resolution, (C) the performance by the Bank of its functions under the Resolution will not result in any violation of the Articles of Association or Bylaws of the Bank, any court order to which the Bank is subject or any agreement, indenture or other obligation or instrument to which the Bank is a party or by which the Bank is bound, and no approval or other action by any governmental' authority or agency having supervisory authority over the Bank is required to be obtained bv the Bank in order to perform its functions under the Resolution, (D) to the best of such authorized representative's knowledge, [here is no action, suit, proceeding or investigation at law or in equity before any court, public board or body pending or, to his or her knowledge, threatened against or affecting the Bank wherein an unfavorable decision, ruling or finding on an issue raised by any party thereto is likely to materially and adversely affect the ability of the Bank to perform its obligations under the Resolution, (E) the Bonds have been authenticated in accordance with the terms of the Resolution and (F) the Paying Agent Agreement has been duty entered into and delivered by the Bank and constitutes a legal, valid and binding obligation of the Bank, enforceable against the Bank in accordance with its terms, except as the enforceability thereof may be limited by applicable bankruptcy or other similar laws affecting the enforcement of creditors' rights generally (which enforcement may be subject to equitable principles of general applicability, regardless of whether such enforceability is considered in a proceeding in equity or at law). (ix) A certificate of the Chairman or Vice Chairman of the Issuer deeming the Preliminary Official Statement "final" as of its date for purposes of the Rule. except for · permitted omissions--(the -Rule 15c2-12 Certificate'~. (x) An executed copy of a verification report of as to the adequacy of the amounts placed in the escrow account pursuant to the Escrow Agreements to pay the redemption price of and accrued interest on the Refunded Bonds. (xi) A certificate of (the -Escrow Holder-} dated the date of Settlement. to such effect as the Issuer and the Senior Managing Underwriter may reasonably request, including, without limitation, to the effect that (A) the Escrow Holder has all requisite authority, power. licenses, permits and franchises, and has full corporate power and legal authority to execute and perform its functions under the Escrow Agreements, (B) the acceptance by the Escrow 12 Holder of the duties and obligations of the Escrow Holder under the Escrow Agreements, and compliance with the provisions thereof, will not conflict with or constitute a breach of or default under its articles or bylaws or any law or administrative regulation or, to the knowledge of the Escrow Holder, any consent decree or any agreement or other instrument to which the Escrow Holder is subject or violate the organizational documents of the Escrow Holder, (C) all approvals, consents and orders of any governmental authority or agency having jurisdiction in the matter which would constitute a condition precedent to the performance by the Escrow Holder of its obligations under the Escrow Agreements have been obtained and are in full force and effect, (D) there is no litigation, proceeding or investigation relating to the Escrow Holder before or by any court, public board or body pending or threatened against or affecting the Escrow Holder challenging the validity of, or in which an unfavorable decision, ruling or finding would materially adversely affect the Escrow Holder-s ability to perform its duties under the Escrow Agreements or the transactions contemplated thereby, (E) the duties and obligations of the Escrow Holder under the Escrow Agreements have been duly accepted by the Escrow Holder and (F) the Escrow Deposit Agreement has been duly entered into and delivered by the Escrow Holder and constitutes a legal, va]id and binding obligation of the Escrow Holder, enforceable against the Escrow Holder in accordance with its terms, except as the enforceability thereof may be limited by applicable bankruptcy or other similar laws affecting the enforcement of creditors' rights generally (which enforcement may be subject to equitable principles of general applicability, regardless of whether such enforceability is considered in a proceeding in equity or at law). (xii) Evidence of satisfaction of the requirements of Section 6.02 of the Resolution for the issuance of the Bonds as Additional Bonds. (xiii) The 2003 Policy issued by the Insurer. [xiv) Opinions of general counsel to the Insurer and certificates of an officer oi' the Insurer each dated the date of the Settlement and addressed to the Underwriters. concerning the Insurer and the 2003 Policy and the information relating to the Insurer and the 2003 Policy contained in the Official Statement, and appropriate no default and tax certificates of' the Insurer, in form and substance satisfactory to the Senior Managing Underwriter. (xv) A letter of Fitch Ratings ("Fitch") to the effect that the Bonds have been assigned a rating no less favorable than ".~A" based upon the issuance of the 2003 Policy. and a letter of Moody's Investors Service Inc. ("Moody's) the effect that the Bonds have been assigned a rating no less favorable than "Aaa" based upon the issuance of the 2003 Policy, each of which ratings shall be in effect as of the date of Settlement; and evidence satisfactory to the Underwriters to the effect that the Bonds have been assigned an underlying rating no less favorable than "AA" by Fitch or "Al" by Moody~ assuming that no municipal bond insurance were to be procured. (xvi) A certificate of Public Resources Management Group, Inc. in a form reasonably acceptable to the Issuer and the Senior Managing Underwriter to the effect that the information in the Official Statement attributable to them, including but not limited to the information in the section therein entitled "THE DISTRICT," "THE SYSTEM" and "APPENDIX D - FEASIBILITY CONSULTANT'S REPORT" attached thereto does not contain any untrue statement of a material fact or omit or fail to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. (xvii) Such additional legal opinions, certificates, instruments and other documents as the Senior Managing Underwriter may reasonably request to evidence the truth and 13 accuracy, as of the date hereof and as of the date of the Settlement, of the Issuer's representations and warranties contained herein and of the statements and information contained in the Official Statement and the due performance or satisfaction by the Issuer on or prior to the date of Settlement of all the agreements then to be performed and conditions then to be satisfied by it. If the Issuer shall be unable to satisfy the conditions to the obligations of the Underwriters to purchase, to accept delivery of and to pay for tl~e Bonds contained in this Contract and the Underwriters do not waive such inability in writing, or ff the obligations of the Underwriters to purchase, to accept delivery of and to pay 'for the Bonds shah be terminated for any reason permitted by this Contract, this Contract shall terminate, the good faith deposit described in Section 2 hereof shall be returned to the Underwriters and neither the Underwriters nor the Issuer shall be under any further obhgation hereunder except that the respective obligations of the Issuer and the Underwriters set forth in Section 9 hereof shall continue in full force and effect. 9. Expenses. The Underwriters shall be under no obligation to pay, and the Issuer shall pay, any expense incident to the performance of the Issuer's obligations hereunder including, but not limited to: (a) the cost of preparation, printing and delivery of the Resolution; (b) the cost of preparation and printing of the Bonds: (c) the fees and disbursements of Bond Counsel and Disclosure Counsel; (d) any fees and disbursements of any consulting engineers; (e) the fees and disbursements of William R. Hough & Co.. the financial advisor to the Issuer; (f) any fees and disbursements of the Issuer's certified public accountants; (g) the fees and disbursements of any other expe~ts, consultants or ad~isors red,tined by the Issuer including Public Resources Management Group, Inc.: '(h) fees fbr bond ratings: (i) the fees and expenses of the Registrar. the Verification Agent. the Paying Agent and t~e Escrow Holder; and (j) the costs of preparing, printing and delivering the Preliminary Official Statement, the Official Statement and any supplements or amendments thereto. The Underwriters shall pay: (a) the cost of all "blue sky" and legal investment memoranda and related filing fees; (b) the fees and expenses of Counsel to the Underwriters: (c) all advertising expenses; and (d) all other expenses incurred by them or any of them in connection with the public offering of the Bonds. In the event that either party shall have paid obligations of the other as set forth in this Section 9, adjustment shall be made at the time of the Settlement. 10. Notices. Any notice or other communication to be given to the Issuer under this Contract may be given by mailing the same to the Clerk of the Board of County Commissioners, Collier County Government Complex, 3301 East Tamiami Trail, Building L, Naples. Florida 34112. Telephone: (239) 732-2646 to the attention of the Finance Director, and any such notice or other communication to be given to the Underwriters may be mailed to Raymond James & Associates, Inc., 220 Congress Park Drive, Suite 240~ Delray Beach, Florida 33445, Telephone: (561) 266-0082, attention Arthur H. Ziev. 11. Parties in Interest. This Contract is made solely for the benefit of the Issuer and the Underwriters and no other party or person shall acquire or have any right hereunder or by virtue hereof. All :he Issuer's representations, warranties and agreements in this Contract shall remain operative and in full force and effect and shall survive the delivery of the Bonds. 12. Waiver. Notwithstanding any provision herein to the contrary, the performance of any and all obligations of the Issuer hereunder and the performance of any and all conditions contained herein for the benefit of the Underwriters may be waived by the Senior Managing Underwriter. in its sole discretion, and the approval of the Senior Managing Underwriter when required hereunder or the determination of their satisfaction as to any document referred to herein 14 shall be in writing, signed by an appropriate officer or officers of the Senior Managing Underwriter and delivered to the Issuer. 13. No Liability. Neither the Issuer, nor any of the members thereof, nor any officer, agent or employee thereof, shall be charged personally by the Underwriters with any liability, or held liable to the Underwriters under any term or provision of this Contract because of its execution or attempted execution, or because of any breach or attempted or alleged breach thereof. 14. Execution in Counterparts. This Contract may be executed in any number of counterparts, all of which taken together shall be one and the same instrument, and any parties hereto may execute this Contract by signing any such counterpart. The execution of this Contract has been duly authorized by the Issuer. [Remainder of page intentionally left blank] 15. Governing Law. This Contract, and the terms and conditions herein, shall constitute the full and complete agreement between the Issuer and the Underwriters with respect to the purchase and sale of the Bonds. This Contract shall be governed by and construed in accordance with the laws of the State of Florida. Very truly yours, RAYMOND JAYMES & ASSOCIATES, INC.. on behalf of itself and UBS Financial Services Inc. By: Name: .arthur H. Ziev Title: Vice President ACCEPTED this __ day of · 2003. COLLIER COUNTY WATER-SEWER DISTRICT By: Chairman 16 ATTACHMENT I COLLIER COUNTY WATER-SEWER DISTRICT $ Taxable Water and Sewer Refunding Revenue Bond, Series 2003A Water and Sewer Refunding Revenue Bonds, Series 2003B Collier County Water-Sewer District Government Complex 3301 East Tamiami Trail Naples, Florida 34112 Ladies and Gentlemen: Pursuant to Section 218.385, Florida Statutes. the following information is provided in connection with the sale of the above-captioned obligations (the "Bonds"). 1. The nature and estimated amount of expenses which the Underwriters expects to incur with respect to the Bonds is as follows: Per $1,000 $ Amount 2. There are no finders, as defined in Section 218.386, Florida Statutes, who have been retained or who will be paid by the Underwriters in connection with the issuance of the Bonds. 3. The amount of the Underwriters-discount expected to be realized with respect to the Bonds is $.__ per $1,000 ($. ) which includes $ per $1,000 ($__) for underwriting risk, $ per $1,000 ($ ) for average takedown, $__ per $1,000 ($ ) for expenses and $__ per $1,000 ($ ) for management fee. 4. No fee, bonus or other compensation is to be paid by the Underwriters in connection with the Bonds to any person not regularly employed or retained by it. 5. The Underwriters are Raymond James & Associates, Inc., 220 Congress Park Drive, Suite 240, Delray Beach, Florida 33445, and UPS PaineWebber Financial Services Inc., 200 South Orange Avenue, Suite 2200, Orlando, Florida 32801. Very truly yours, RAYMOND JAMES & ASSOCIATES. INC. By: Name: Arthur H. Ziev Title: Vice President Attachment I- 1 SCHEDULE I COLLIER COUNTY WATER-SEWER DISTRICT $ Taxable Water and Sewer Refunding Revenue Bonds, Series 2003A Maturities, Amour/ts, Interest Rates, Prices or Yields Serial Series 2003A Bonds Maturity Interest Prices or (July 1) Amount Rate Yields Term Series 2003A Bonds due July 1, __ - Price or Yield COLLIER COUNTY WATER-SEVv"ER DISTRICT $ Water and Sewer Refunding Revenue Bonds. Series 2003B Maturities, Amounts, Interest Rates, Prices or Yields $ Serial Series 2003B Bonds Maturity Interest Prices or (July 1) Amount Rate Yields % Term Series 2003B Bonds due July 1, __ - Price or Yield % REDEMPTION PROVISION j:\bonds\439902x pc2.doc Schedule I- 1 ~/~ EXHIBIT B FORM OF PRELIMINARY OFFICIAL STATEMENT PRELIMINARY OFFICIAL STATEMENT DATED JUNE 10, 2003 NEW ISSUE -FULL BOOK ENTRY RATINGS: Fitch: "AAA" (Insured) and "AA" (Underlying) Moody's: "Aaa" (Insured) and "Al~ (Underlying) (FSA Insured) (See "RATINGS" herein) In the opinion of Bond Counsel, under existing statutes, regulations, rulings and court decisions and subject to the conditions described herein under "TAX EXEMPTION," interest on the Series 2003B Bonds (as defined below) is (i) excludable from gross income of the holders of the Series 2003B Bonds for federal income tax purpo, ses, and (ii) not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations. Such interest, however, will be inciudable in the calculation of a corporation's alternative minimum taxable income and may be subject to other federat income tax consequences referred to herein under "TAX EXEMPTION - SERIES 2003B BONDS." In the opinion of Bond Counsel, however, interest on the Series 2003A Bonds (as defined below) will be included within the gross income of the holders thereof for purposes of federal income taxation. See "TAX COi'VSEQUENCES OF SERIES 2003A BONDS" herein. Bond Counsel is further of the opinion that the Series 2003 Bonds (as defined below) and the income thereon are exempt from all present intangible personal property taxes imposed pursuant to Chapter I99, Florida Statutes. COLLIER COUNTY WATER-SEWER DISTRICT (FLORIDA) $13,970,000' Taxable Water.and Sewer Refunding Revenue Bonds, Series 2003A $38,105,000' Water and Sewer Refunding Revenue Bonds, Series 2003B Dated: Date of Delivery Due: July 1, as shown on the inside cover hereof The Taxable Water and Sewer Refunding Revenue Bonds, Series 2003A (the "Series 2003A Bonds") and the Water and Sewer Refunding Revenue Bonds, Series 2003B (the "Series 2003B Bonds." and together with the Series 2003A Bonds, the "Series 2003 Bonds") are being issued by the Collier County Water-Sewer District (the "District") as fully registered bonds and initially will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"). Individual purchases will be made in book-entry form only in denominations of $5,000 and integral multiples thereof. Purchasers of the Series 2003 Bonds will not receive physical delivery of certificates. Transfers of ownership interest in the Series 2003 Bonds will be effected by DTC book-entry system as described herein. Interest on the Series 2003 Bonds is payable on January 1, 2004 and semiannually on each January I and July 1 thereafter. Principal of, premium, if any, and interest on the Series 2003 Bonds will be payable by Fifth Third Bank. Cincinnati, Ohio, as Paying Agent and Bond Registrar. The Series 2003A Bonds are not subject to redemption prior to their stated maturities. The Series 2003B Bonds are subject to optional and mandatory redemption prior to the:r stated maturities as described herein. This cover page contains information for quick reference only and is not a summary of this issue. Investors must read the entire Official Statement to obtain information essential to the making of an informed investment decision. The Series 2003A Bonds are being issued, together with certain other legally available funds of the District, to (i) refund the District's currently outstanding Taxable Water and Sewer Refunding Revenue Bonds, Series 1994A maturing on and after July 1, 2004 (the "Refunded 1994A Bonds"), and (ii) pay certain costs of issuance of the Series 2003A Bonds including a portion of the municipal bond insurance premium. The Series 2003B Bonds are being issued, together with certain other legally available funds of the District, to (i) refund the District's currently outstanding Water and Sewer Refunding Revenue Bonds, Series 1994B maturing on and after July 1, 2004 (the "Refunded 1994B Bonds"), and (ii) pay certain costs of issuance of the Series 2003B Bonds including a portion of the municipal bond insurance premium. The Series 2003 Bonds are being issued as Additional Bonds (as defined in the Resolution) on a parity with District's outstanding Water and Sewer Refunding Revenue Bonds, Series 1999A and Series 1999B (collectively, the "Prior District Bonds"), all of which will remain outstanding following the delivery of the Series 2003 Bonds, all issued by the District pursuant to the provisions of Resolution No. CWS-85-5 adopted on July 30, 1985, as restated, amended and supplemented, and as particularly supplemented by Resolution No. __ of the District adopted on June 10, 2003 (collectively, the "Resolution"). ON PARITY AND EQUAL STATUS WITH THE PRIOR DISTRICT BONDS, THE SERIES 2003 BONDS ARE SECURED BY A PLEDGE OF AND LIEN ON, THE PLEDGED FUNDS (AS DEFINED IN THE RESOLUTION), AS PROVIDED IN THE RESOLUTION. SEE "SECURITY FOR THE BONDS" HEREIN. THE SERIES 2003 BONDS SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION OR PLEDGE OF THE FAITH AND CREDIT OF THE DISTRICT, COLLIER COUNTY, THE STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION OF THE STATE OF FLORIDA FOR THE PAYMENT OF THE SERIES 2003 BONDS. THE SERIES 2003 BONDS AND THE OBLIGATIONS EVIDENCED THEREBY DO NOT CONSTITUTE A LIEN UPON ANY PROPERTY OF THE DISTRICT, COLLIER COUNTY OR THE STATE OF FLORIDA, BUT SHALL CONSTITUTE A LIEN ONLY ON, AND PAYABLE SOLELY FROM, THE PLEDGED FUNDS IN THE I~L~2qNER AND TO THE EXTENT DESCRIBED IN THE RESOLUTION. The payment of the principal of and interest on the Series 2003 Bonds will be insured by a municipal bond insurance policy to be issued by Financial Security Assurance Inc. (the "Insurer") simultaneously with the delivery of the Series 2003 Bonds. For a discussion of the terms and provisions of such policies, including the limitations thereof, see "MUNICIPAL BOND INSURANCE" herein. [FSA LOGO} x,l¢ b The Series 2003 Bonds are offered when, as, and if issued by the District and accepted by the Underwriters, subject to the approval as to their legality by Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Bond Counsel. Certain legal matters will be passed on for the District by David C. Weigel, Esq., Naples, Florida, Attorney to the District. Certain legal matters will be passed upon by Bryant, ~Vliller and Olive, P.A., Tampa, Florida, Disclosure Counsel to the County. Moskowitz, Mandell, Salim & Simowitz, P.A., Fort Lauderdale, Florida, is serving as counsel to the Underwriters. William R. Hough & Co., Naples, Florida is acting as Financial Advisor to the District. It is expected that the Series 2003 Bonds will be available for delivery on or about July 2, 2003. Raymond James & Associates, Inc. UBS Financial Services Inc. Dated: 2003 * Preliminary., subject to change. COLLIER COUNTY WATER-SEWER DISTRICT (FLORIDA) $13,970,000' Taxable Water and Sewer Refunding Revenue Bonds, Series 2003A Maturities, Amounts, Interest Rates, Prices or Yields and Initial Cusip Numbers Serial Series 2003A Bonds Initial Maturity Interest Prices or Cusip (July 1) Amount Rate Yields Number % Term Series 2003A Bonds due July 1, __ Initial Cusip Number__ - Price or Yield COLLIER COUNTY WATER-SEWER DISTRICT (FLORIDA) $38,105,000' Water and Sewer Refunding Revenue Bonds, Series 2003B Maturities, Amounts, Interest Rates, Prices or Yields and Initial Cusip Numbers Serial Series 2003B Bonds Initial Maturity Interest Prices or Cusip (,July 1) Amount Rate Yields Number % Term Series 2003B Bonds due July 1, Initial Cusip Number ~ - Price or Yield % *Preliminary, subject to change. RED HERRING LANGUAGE: This Preliminary Official Statement and the information contained herein are subject to completion or amendment. Under no circumstances shall this Preliminary Official Statement constitute an offer to sell or a solicitation of an offer to buy, nor shall there be any sale of the Series 2003 Bonds in any jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration, qualification or exemption under the securities laws of such jurisdiction. The District has deemed this Preliminary Official Statement "final," except for certain permitted omissions, within the contemplation of Rule 15c2-12 promulgated by the Securities and Exchange Commission. /o b COLLIER COUNTY WATER-SEIVER DISTRICT Government Complex 3301 East Tamiami Trail Nap]es, Florida 34112 (239) 774-8097 BOARD OF COUNTY COMMISSIONERS Tom Henning, Chairman Donna Fiala, Vice Chairman Jim Coletta, Commissioner Fred W. Coyle, Commissioner Frank Halas, Commissioner COUNTY MANAGER James V. Mudd CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY AND CHIEF FINANCIAL OFFICER Dwight E. Brock, Esq. DIRECTOR OF FINANCE AND ACCOUNTING James L. Mitchell, CL{, CFE, CBA PUBLIC UTILITIES ADMINISTRATOR James W. DeLony, P.E. DIRECTOR OF OPERATIONS, PUBLIC UTILITIES DIVISION Thomas G. Wides FEASIBILITY CONSULTANT Public Resources Management Group, Inc. COUNTY ATTORNEY/ATTORNEY TO THE DISTRICT David C. Weigel, Esq. BOND COUNSEL Nabors, Giblin & Nickerson, P.A. Tampa, Florida DISCLOSURE COUNSEL Bryant, Miller and Olive, P.A. Tampa, Florida FINANCIAL ADVISOR William R. Hough & Co. Naples, Florida No dealer, broker, salesman or other person has been authorized by the District to give any information or to make any representations in connection with the Series 2003 Bonds other than as contained in this Official Statement, and, if given or made, such information or representations must not be relied upon as having been authorized by the District. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the Series 2003 Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. The information set forth herein has been obtained from the District, The Depository Trust Company, Financial Sec~rity Assurance Inc., and other sources which are believed to be reliable, but is not guaranteed as to accuracy or completeness, and is not to be construed as a representation by the District with respect to any information provided by others. The Underwriters listed on the cover page hereof have reviewed the information in this Official Statement in accordance with and as part of their respective responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriters do not guarantee the accuracy or completeness of such information. The information and expressions of opinion stated herein are subject to change, and neither the delivery of this Official Statement nor any sale made hereunder shall create, under any circumstances, any implication that there has been no change in the matters described herein since the date hereof. IN CONNECTION WITH THIS OFFERING, THE UNDERWRITERS ,MAY OVERALLOT OR EFFECT TRANSACTIONS THAT STABILIZE OR MAINTAIN THE MARKET PRICE OF THE SERIES 2003 BONDS AT LEVELS ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN NLARKET. SUCH STABILIZING. IF COIX~MENCED. MAY BE DISCONTINUED AT ANW TIME. All summaries herein of documents and agreements are qualified in their entirety bx' reference to such documents and agreements, and all summaries herein of the Series 2003 Bonds are qualified in their entirety by reference to the [brm thereof included in the aforesaid documents and agreements. NO REGISTRATION STATEMENT RELATING TO THE SERIES 2003 BONDS HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE CO~hMISSION (THE "COMMISSION") OR WITH ANY STATE SECURITIES COM2MISSION. IN MAKING ANY INVESTMENT DECISION, INVESTORS MUST RELY ON THEIR OWN EXAMINATIONS OF THE DISTRICT AND THE TERMS OF THE OFFERING, INCLUDING THE MERITS AND RISKS INVOLVED. THE SERIES 2003 BONDS I~LhVE NOT BEEN APPROVED OR DISAPPROVED BY THE COMMISSION OR ANY STATE SECURITIES COMMISSION OR REGULATORY AUTHORITY. THE FOREGOING AUTHORITIES HAVE NOT PASSED UPON THE ACCURACY OR ADEQUACY OF THIS OFFICLhL STATEMENT. ANY REPRESENTATION TO THE CONTRARY MAY BE A CRIMINAL OFFENSE. [Remainder of page intentionally left blank] TABLE OF CONTENTS Contents Page INTRODUCTION ........................................................................................................................................ 1 The County and the District .................................................................................................................. 1 The Series 2003 Bonds ........................................................................................................................... 2 Purpose of the Series 2003 Bonds ......................................................................................................... 2 Security for the Bonds .......................... '. ................................................................................................. 2 Reserve Account .................................... ; ................................................................................................ 2 Municipal Bond Insurance ..................................................................................................................... 2 Redemption Provisions ........................................................................................................................... 3 Additional Bonds .................................................................................................................................... 3 Future Financings .................................................................................................................................. 3 Tax Matters ............................................................................................................................................ 3 Continuing Disclosure ............................................................................................................................ 4 Additional Information .......................................................................................................................... 4 PLAN OF REFUNDING ............................................................................................................................. 4 Refunded 1994A Bonds .......................................................................................................................... 4 Refunded 1994B Bonds .......................................................................................................................... 5 DESCRIPTION OF THE SERIES 2003 BONDS ...................................................................................... 5 General .................................................................................................................................................... 5 Payment of the Series 2003 Bonds ........................................................................................................ 5 Exchange, Registration ~nd Transfer Bonds ........................................................................................ 6 Ownership of Series 2003 Bonds ........................................................................................................... 6 Redemption Provisions ........................................................................................................................... 6 Book-Entry Only System ....................................................................................................................... 7 SECURITY FOR THE BONDS .................................................................................................................. 9 General .................................................................................................................................................... 9 Uniform Commercial Code ................................................................................................................... 11 Rate Covenant ...................................................................................................................................... 11 Funds and Accounts ............................................................................................................................. 1 l Separate Accounts ................................................................................................................................ 11 Disposition of Revenues ....................................................................................................................... 12 System Development Fees Fund ......................................................................................................... 13 Reserve Account ................................................................................................................................... 13 Additional Bonds .................................................................................................................................. 13 Subordinated Indebtedness ................................................................................................................. 14 No Mortgage or Sale of the System ..................................................................................................... 15 No Free Service ..................................................................................................................................... 15 No Impairment of Rights ..................................................................................................................... 15 Compulsory Water and Sewer Connections ....................................................................................... 15 Enforcement of Charges ....................................................................................................................... 16 Unit Water and Sewer Bills ................................................................................................................. 16 Collectior. of System Development Fees ............................................................................................. 16 Amendment of Resolution without Consent of Bondholders ............................................................. 16 MUNICIPAL BOND INSURANCE .......................................................................................................... 16 Bond Insurance Policy ........................................................................................................................... 16 Financial Security Assurance Inc ........................................................................................................ t7 ESTIMATED SOURCES AND USES OF FUNDS ................................................................................. 18 COMBINED DEBT SERVICE SCHEDULE ........................................................................................... 19 THE COUNTY ........................................................................................................................................... 20 General ................................................................................................................................................... 20 Board of County Commissioners ......................................................................................................... 20 The County Administrator ................................................................................................................... 20 Budget Process ...................................................................................................................................... 20 Annual Audit ........................................................................................................................................ 21 THE DISTRICT ......................................................................................................................................... 21 Background ........................................................................................................................................... 21 Powers ................................................................................................................................................... 21 Management ......................................................................................................................................... 21 Billings and Collections ....................................................................................................................... 22 Financial Records ................................................................................................................................. 23 THE SYSTEM ............................................................................................................................................ 23 Existing Water System ........................................................................................................................ 24 Water System Regulatory Compliance ............................................................................................... 26 Existing Sewer System ........................................................................................................................ 27 Sewer System Regulatory Compliance ............................................................................................... 28 Comprehensive Consent Order ............................................................................................................ 29 Water Rates and Charges .................................................................................................................... 29 Sewer Rates and Charges .................................................................................................................... 31 Reuse Irrigation Rates and Charges ................................................................................................... 32 Rate Comparison .................................................................................................................................. 32 System Development Fees ................................................................................................................... 33 Miscellaneous Service Charges ........................................................................................................... 34 Ten Largest Customers of System ...................................................................................................... 36 Comprehensive Plan .... '. ....................................................................................................................... 36 Capital Improvement Plan and Funding Sources .............................................................................. 37 HISTORICAL REVENUES. EXPENSES AND DEBT SERVICE COVERAGE ................................... 38 PROJECTED OPERATING RESULTS ................................................................................................... 39 General .................................................................................................................................................. 39 Projected Revenues, Expenses and Debt Sera'ice Coverage .............................................................. 40 Conclusions of the Feasibility Consultant .......................................................................................... 43 RISK FACTORS ........................................................................................................................................ 44 INWESTMENT POLICY ........................................................................................................................... 44 LEGAL MATTERS .................................................................................................................................... 46 LITIGATION .............................................................................................................................................. 46 DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS ................ ............................ 48 T.~X CONSEQUENCES OF SERIES 2003A BONDS ............................................................................ 48 TAX EXEMPTION - SERIES 2003B BONDS ........................................................................................ 48 Opinion of Bond Counsel ...................................................................................................................... 48 Internal Revenue Code of 1986 ........................................................................................................... 49 Collateral Tax Consequences ............................................................................................................... 49 Florida Taxes ........................................................................................................................................ 49 Other Tax Matters ................................................................................................................................ 49 Tax Treatment of Original Issue Discount ......................................................................................... 50 Tax Treatment of Bond Premium ........................................................................................................ 50 RATINGS ................................................................................................................................................. 50 CONSULTANTS ........................................................................................................................................ 51 VERIFICATION OF MATHEMATICAL COMPUTATIONS ................................................................. 51 FINANCIAL ADVISOR ............................................................................................................................. 51 AUDITED FINANCIAL STATEMENTS .................................................................................................51 UNDERWRITING ..................................................................................................................................... 52 CONTINGENT FEES ............................................................................................................................... 52 ENFORCEABILITY OF REMEDIES ....................................................................................................... 52 CONTINUING DISCLOSURE ................................................................................................................. 53 ii ACCURACY AND COMPLETENESS OF OFFICIAL STATEMENT ................................................... 53 AUTHORIZATION OF OFFICIAL STATEMENT .................................................................................. 54 APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E APPENDIX F APPENDIX G APPENDIX H General Information Regarding Collier County, Florida Summary of Certain Provisions of the Resolution Collier County Water-Sewer District Financial Statements Ended September 30, 2002 Form of Bond Counsel Opinion Relating to Series 2003A Bonds Form of Bond Counse} Opinion Relating to Series 2003B Bonds Form of Continuing Disclosure Certificate Specimen Bond Insurance Policy Feasibility Consultant's Report For Fiscal Year iii OFFICIAL STATEMENT Relating To COLLIER COUNTY WATER-SEWER DISTRICT (FLORIDA) $13,970,000' $38,105,000' Taxable Water and Sewer Water and Sewer Refunding Refunding Revenue Bonds, Revenue Bonds, Series 2003A Series 2003B INTRODUCTION This introduction is subject in all respects to the more complete information and definitions contained or incorporated in this Official Statement and should not be considered to be a complete statement of the facts material to making an informed investment decision. The offering by the Collier County Water-Sewer District (the "District") of its $ * Taxable Water and Sewer Refunding Revenue Bonds, Series 2003A (the "Series 2003A Bonds") and its $ * Water and Sewer Refunding Revenue Bonds, Series 2003B (the "Series 2003B Bonds," and together with the Series 2003A Bonds, the "Series 2003 Bonds") to potential investors is made only by means of the entire Official Statement, including all appendices attached hereto. All capitalized undefined terms used in this introduction shall have the meanings ascribed to them in "APPENDIX B -- Summary of Certain Provisions of the Resolution" attached hereto. All capitalized undefined terms will have the meaning ascribed thereto in the hereinafter defined Resolution. The County and the District The County ~vas established in 1923 by the legislature of the State of Florida (the "State") from portions of Lee and Monroe Counties. Its territorial limits, as they presently exist, contain approximately 2,026 square miles. In terms of land area, it is the largest county in the State. The County is located on the southwest coast of the Florida peninsula directly west of the Miami-Fort Lauderdale area. In 2002, the County had a population of 264,475. Principal industries within the County include wholesale and retail trade, tourism, agriculture, forestry, fishing, cattle ranching and construction. The 2000 U.S. Census showed an increase in the population of the County of 65% between the years 1990 and 2000. Additional general information with respect to the County is set forth in "APPENDIX A - General Information Regarding Collier County, Florida" attached hereto. The District's currently outstanding debt includes the District's Water and Sewer Refunding Revenue Bonds, Series 1999A and Series 1999B (collectively, the "Prior District Bonds"). The Prior District Bonds were, the Series 2003 Bonds are being and any Additional Bonds of the District will be issued pursuant to and under the authority of Resolution No. CWS-85-5 of the District, adopted July 30, 1985, as amended, restated and supplemented, and as particularly supplemented by Resolution No. __ of the District adopted on May 27, 2003 (collectively, the "Resolution"), the Constitution of the State of Florida, Chapter 78-489, Laws of Florida, as amended by Chapter 88- 499, Laws of Florida, Chapter 153, Florida Statut, s, and other applicable provisions of law. The District covers approximately 200 square miles of unincorporated Collier County. The Collier County Water-Sewer District Water and Sewer System (the "System") is owned and operated by the District, the ex-officio governing board of which is the Board of County Commissioners of the County (the "Board"). 1 .fA The Series 2003 Bonds The Series 2003 Bonds, when issued, will be dated the date of their delivery, with interest payable on each January 1 and July 1, commencing on January 1, 2004, and will mature on July ! in the years and in the amounts and bear interest at the rates shown on the inside cover page of this Official Statement. The Series 2003 Bonds are being issued in fully registered form in principal denominations of $5,000 or integral multiples thereof, and, when issued, will be registered in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York "DTC"). See "DESCRIPTION OF THE SERIES 2003 BONDS" herein. Purpose of the Series 2003 Bonds The Series 2003A Bonds are being issued, together with certain other legally available funds of the District, to (i) refund the District's currently outstanding Taxable Water and Sewer Refunding Revenue Bonds, Series 1994A maturing on and after July 1, 2004 (the "Refunded 1994A Bonds"), and (ii) pay certain costs of issuance of the Series 2003A Bonds including a portion of the municipal bond insurance premium. The Series 2003B Bonds are being issued, together with certain other legally available funds of the District, to (i) refund the District's currently outstanding Water and Sewer Refunding Revenue Bonds. Series 1994B maturing on and after July 1, 2004 (the "Refunded 1994B Bonds" and together with the Refunded 1994A Bonds, collectively, the "Refunded Bonds"), and (ii) pay certain costs of issuance of the Series 2003B Bonds including a portion of the municipal bond insurance premium. The Series 2003 Bonds are being issued as Additional Bonds on a parity with the Prior District Bonds, all issued by the District pursuant to the provisions of the Resolution. Security for the Bonds When issued, the Series 2003 Bonds will be issued as Additional Bonds on a parity with the Prior District Bonds. The Series 2003 Bonds, the Prior District Bonds, and any Additional Bonds. hereafter issued pursuant to the Resolution are referred to herein as the "Bonds." The principal of. premium, if any, and interest on the Bonds shall be secured by a pledge of and lien upon (i) the Net Revenues to be derived from the operation of the System, (ii) System Development Fees, (iii) the proceeds from any and all assessments against property benefitted by the System or any part thereof ("Special Assessments"), provided that Special Assessments shall be subject to the provisions and lien and pledge of the Resolution only if and to the extent provision for inclusion as a part of the Pledged Funds has been made by a supplemental resolution to be adopted by the District ("Special Assessment Proceeds"), and (iv) until applied in accordance with the provisions of the Resolution. all moneys, including investments thereof, in the funds and accounts established under the ResoLution, except for the Revenue Fund and the Operation and Maintenance Fund (collectively. "Pledged Funds"). At the present time, the District has not designated any Special Assessments to be a part of Pledged Funds relating to the Bonds. See "SECURITY FOR THE BONDS" herein. Reserve Account Following the issuance of the Series 2003 Bonds, the Reserve Account will be fully funded in an amount equal to the Reserve Account Requirement for the Series 2003 Bonds and the Prior District Bonds. See "SECURITY FOR THE BONDS - Reserve Account" herein. Municipal Bond Insurance Payment of the principal of and interest on the Series 2003 Bonds, when due, will be insured by a municipal bond insurance policy (the "Policy") to be issued by Financial Security Assurance Inc. (the "Insurer") simultaneously with the delivery of the Series 2003 Bonds. Under the terms of the Policy, the Insurer will guarantee the payment of the principal of and interest on the Series 2003 Bonds to the extent that the District should be unable to make such payments, when due, to Series 2003 Bondholders. The Policy will extend for the term of the Series 2003 Bonds and, once issued, cannot be canceled by the Insurer. See "MUNICIPAL BOND INSURANCE" herein. Redemption Provisions The Series 2003A Bonds are not subject to redemption prior to their stated maturities as described herein. The Series 2003B Bonds are subject to optional and mandatory redemption prior to their stated maturities as described herein. See "REDEMPTION PROVISIONS" herein. Additional Bonds In the future, the District may issue Additional Bonds on a parity with the Series 2003 Bonds and the Prior District Bonds. Such Additional Bonds may be issued only if the District first complies with certain conditions set forth in the Resolution. See "SECURITY FOR THE BONDS - Additional Bonds" herein. Future Financings As a part of the District's five year capital improvement plan, the District anticipates issuing additional debt (both Additional Bonds and Subordinated Indebtedness) before the end of the fiscal year ending September 30, 2009 in the approximate amount of $322 million. Such anticipated additional debt includes the following anticipated Additional Bonds: approximately $15]' million in 2005, approximately $65 million in 2007, and approximately $8 million in 2009. Such anticipated additional debt also includes the following anticipated Subordinate Indebtedness: a loan in 2003 of approximately $54 million, a loan in 2004 of approximately S20 million, and a loan in 2005 of approximately $18 million. Such estimated amounts of Additional Bonds and Subordinated Indebtedness are likely to be adjusted based on the use of interim financing (such as commercial paper, which may be used to capitalize interest) and based on the timing of completion of the projects that comprise the District's five vear capital improvement plan and other factors. The District plans to update its capital impr~)vement program and corresponding funding analysis annually to evaluate the timing of such additional debt issues as a result of changes in growth, levels of service, and other factors. See "THE SYSTEM - Capital Improvement Plan and Funding Sources," "PROJECTED OPERATING RESULTS - Projected Revenues. Expenses and Debt Service Coverage" and "RISK FACTORS" herein and "APPENDIX H - Feasibility Consultant's Report" attached hereto. Tax Matters In the opinion of Bond Counsel, under existing statutes, regulations, rulings and court decisions and subject to the conditions described herein under "TAX EXEMPTION," interest on the Series 2003B Bonds is (i) excludable from gross income of the holders of the S rios 2003B Bonds for federal income tax purposes, and (ii) not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations. Such interest, however, will be includable in the calculation of a corporation's alternative minimum taxable income and may be subject to other federal income tax consequences referred to herein under "TAX EXEMPTION - SERIES 2003B BONDS." In the opinion of Bond Counsel, however, interest on the Series 2003A Bonds will be included within the gross income of the holders thereof for purposes of federal income taxation. See "TAX CONSEQUENCES OF SERIES 2003A BONDS" herein. Bond Counsel is further of the opinion that the Series 2003 Bonds and the income thereon are exempt from all present intangible personal property taxes imposed pursuant to Chapter 199, Florida Statutes. Continuing Disclosure The District has covenanted for the benefit of Series 2003 Bondholders to provide certain financial information and operating data relating to the District and the Series 2003 Bonds in each year, and to provide notices of the occurrence of certain enumerated material events, in accordance with Rule 15c2-12 of the Securities and Exchange Commission. See "CONTINUING DISCLOSURE" herein. Additional Information This Official Statement speaks only as of its date and the information contained herein is subject to change. This Official Statement contains certain information concerning the Insurer and its policies of municipal bond insurance on the Series 2003 Bonds, and DTC and its book-entry system. Such information has not been provided by the District and the District does not certify as to the accuracy or sufficiency of the disclosure practices or content of information provided by such parties and is not responsible for the information provided by such parties. A copy of the Resolution and all documents of the District referred to herein may be obtained from Dwight E. Brock, Clerk of the Circuit Court of Collier County, Florida. Government Complex. 3301 E. Tamiami Trail, Building L, Naples, Florida 34112, Phone (239) 774-8097. PLAN OF REFUNDING Refunded 1994A Bonds Concurrently with the delivery of the Series 2003A Bonds, a portion of the proceeds of the Series 2003A Bonds, together with other legally available funds of the District, shall be deposited into an escrow deposit trust fund (the "1994A Escrow Fund") pursuant to the terms and provisions of an escrow deposit agreement between the District and Fifth Third Bank, Cincinnati. Ohio, as Escrow Holder (the "1994A Escrow Agreement"). The moneys deposited pursuant to the 1994A Escrow Agreement shall be applied to the purchase of certain United States Treasury obligations (the "Series 1994A Refunding Securities"), so as to produce sufficient funds, together with any cash on deposit in the 1994A Escrow Fund, to pay the principal of, redemption premium, and interest on the Refunded 1994A Bonds, as the same become due and payable, at redemption prior to maturity. The Refunded 1994 Bonds are expected to be redeemed on , __ at a redemption price equal to __% of the principal amount thereof plus interest accrued to the redemption date. See "VERIFICATION OF MATHE~L~TICAL COMPUTATIONS" herein. Upon the deposit of such moneys, in the opinion of Bond Counsel and in reliance on the verification report of the Refunded 1994,4 Bonds shall be deemed to be paid and sh~ll no longer be ~eemed to be outstanding for purposes of the Resolution. The holders of the Refunded 1994A Bonds shall be entitled to payment solely out of the m ~neys or Series 1994A Refunding Securities deposited pursuant to the 1994A Escrow Agreement. The moneys and 1994A Refunding Securities on deposit in the Series 1994A Escrow Fund will not be available for payment of the Series 2003 Bonds. The District's Taxable Water and Sewer Refunding Revenue Bonds, Series 1994A maturing on July 1, 2003 shall be paid by the County at maturity without premium. Refunded 1994B Bonds Concurrently with the delivery of the Series 2003B Bonds. a portion of the proceeds of the Series 2003B Bonds, together with other legally available funds of the District, shall be deposited into an escrow deposit trust fund (the "1994B Escrow Fund") pursuant to the terms and provisions of an escrow deposit agreement between the District and Fifth Third Bank, Cincinnati, Ohio, as Escrow Holder (the "1994B Escrow Agreement"). The moneys deposited pursuant to the 1994B Escrow Agreement shall be applied to the purchase of certain United States Treasury obligations (the "Series 1994B Refunding Securities"), so as to produce sufficient funds, together with any cash on deposit in the 1994B Escrow Fund, to pay the principal of, redemption premium, and interest on the Refunded 1994B Bonds, as the same become due and payable, at redemption prior to maturity. The Refunded 1994B Bonds are expected to be redeemed on., __ at a redemption price equal to __.% of the principal amount thereof plus interest accrued to the redemption date. See "VERIFICATION OF MATHEMATICAL COMPUTATIONS" herein. Upon the deposit of such moneys, in the opinion of Bond Counsel and in reliance on the verification report of the Refunded 1994B Bonds shall be deemed to be paid and shall no longer be deemed to be outstanding for purposes of the Resolution. The holders of the Refunded 1994B Bonds shall be entitled to payment solely out of the moneys or Series 1994B Refunding Securities deposited pursuant to the 1994B Escrow Agreement. The moneys and Series 1994B Refunding Securities on deposit in the 1994B Escrow Fund will not be available for payment of the Series 2003 Bonds. The District's Water and Sewer Refunding Revenue Bonds. Series 1994B maturing on July 1, 2003 shall be paid by the County at maturity without premium. DESCRIPTION OF THE SERIES 2003 BONDS General The Series 2003 Bonds are being issued in £u]lv registered form and will be registered initially in the name of Cede & Co., as the nominee of DTC. Individual purchases of interests in the Series 2003 Bonds will be made in book-entry form only. Purchasers of the Series 2003 Bonds offered hereby ("Beneficial Owners") will not receive physical delivew of certificates. Transfers of ownership interests in the Series 2003 Bonds will be effected through a book-entry system as described below. See "DESCRIPTION OF THE SERIES 2003 BONDS - Book-Entry Only System" herein. The Series 2003 Bonds will be dated the date of their delivery, and will mature on July 1 in the years and in the amounts and bear interest at the rates shown on the inside cover page of this Official Statement. The Series 2003 Bonds are issuable in principal denominations of $5,000 or integral multiples thereof. Interest on the Series 2003 Bonds is payable on each January I and July 1, commencing on January 1, 2004. Payment of the Series 2003 Bonds The principal of the Series 2003 Bonds is payable when due upon presentation and surrender thereof only to the registered owner or his legal representative at the designated corporate trust office of Fifth Third Bank, Cincinnati, Ohio, as paying agent (the "Paying Agent") for the Series 2003 Bonds. Interest on the Series 2003 Bonds will be paid bv the Paying Agent on each interest payment date to the registered owner thereof shown on the registration books of the District maintained by Fifth Third Bank, Cincinnati, Ohio, as bond registrar (the "Bond Registrar") on the 15th day of the calendar month next preceding the interest payment date (whether or not a business day), by check or draft mailed to such registered owner at his address as it appears on such registration books: provided, however, that at the request and expense of a Series 2003 Bondholder, interest shall be paid by bank wire transfer for the account of such Series 2003 Bondholder. For so long as the Series 2003 Bonds shall be held in the DTC book-entry system (without certificates), all such payments of principal, premium, if any, and interest on the Series 2003 Bonds will be made to Cede & Co., as registered owner thereof, by the Paying Agent and payments to Beneficial Owners will be the responsibility of DTC and the DTC Participants. Exchange, Registration and Transfer See "DESCRIPTION OF THE SERIES 2003 BONDS - Book-Entry Only System" herein. In the event that the book-entry only system is discontinued, the following provisions would thereafter apply. Series 2003 Bonds may be exchanged for a like aggregate principal amount of the Series 2003 Bonds or other authorized denominations of the same series, interest rate, and maturity. The Series 2003 Bonds may be transferred only upon an assignment duly executed by the registered owner or the owner's attorney or legal representative in such form as may be satisfactory, to the Bond Registrar, such transfer to be made on the registration books of the District kept by the Bond Registrar. Any registered owner requesting such registration, transfer, or exchange of a Series 2003 Bond may be required to pay for any taxes, fees, expenses, or other governmental charges required to be paid with respect thereto. The District and the Bond Registrar are not required to issue and transfer any Series 2003 Bond during the period beginning on the 15th day of the month next preceding any interest payment date or, in the case of a proposed redemption of any Series 2003 Bond, during the 15 days next preceding the mailing of notice of such redemption and continuing until such redemption date'. Ownership of Series 2003 Bonds The District, the Paying Agent, and the Bond Registrar shall deem and treat the person in whose name any Series 2003 Bond is registered on the books maintained by the Bond Registrar as the absolute owner of such Series 2003 Bond, whether or not such Series 2003 Bond is overdue, for the purpose of receiving payment thereof and for all other purposes whatsoever, and neither the District, the Paying Agent, nor the Bond Registrar will be affected by any notice to the contrary. such payments will be valid and effectual to satisfy and discharge the liability upon such Series 2003 Bond to the extent of the sum or sums so paid. Redemption Provisions S_eries 2003A Bonds The Series 2003A Bonds are not subject to redemption prior to maturity. Q~ptional Redemption of the Series 2003B Bonds The Series 2003B Bonds maturing on or before July 1, 20__ are not subject to optional redemption prior to maturity. The Series 2003B Bonds maturing on and after July 1, 20__ are subject to redemption, at the option of the District, in whole or in part, at any time, on or after July 1, 20__ in such order of maturities as may be determined by the District (less than all of a single maturity to be selected by lot) at a redemption price (expressed as a percentage of principal amount) as set forth in the table below, together with accrued interest to the date set for redemption: 5'7 Redemption Period ~Both Dates Inclusive) July 1, 20__ to June 30, 20__ July 1, 20__ to June 30, 20__ July 1, 20__ and thereafter Redemption Price % Mandatory Redemption of the Series 2003B Bonds The Series 2003B Bonds maturing on July 1, 20__, are subject to mandatory sinking fund redemption by operation of the Term Bonds Redemption Account in the Sinking Fund, prior to maturity in part, by lot on July 1, 20__ and on each July I thereafter, at a redemption price equal to the principal amount of such Series 2003B Bonds or portions thereof to be redeemed, plus interest accrued thereon to the date of redemption, on July I in the following years and in the following Sinking Fund Installments: Year Sinking Fund Installments 20__ 20__ 20__ 20_ 20 20__ 20__* *Maturitv Notice of Redemption Notice of redemption of the Series 2003 Bonds shall be mailed first class, postage prepaid, by the Bond Registrar not less than thirty (30) days before the date fixed for redemption to the registered owners of any Series 2003 Bonds or portions of Series 2003 Bonds that are to be redeemed, at their addresses as they appear on the registration books kept by the Bond Registrar. Failure to mail notice, or any defect therein, to the registered owner of any Series 2003 Bonds which are to be redeemed shall not affect the validitv of the proceedings for the redemption of Series 2003 Bonds. At the redemption date, interest shall~cease to accrue on any of the Series 2003 Bonds duly called for redemption if payment of the redemption price has been duly made or provided for wit~ legally available funds. Owners of such Series 2003 Bonds shall thereafter look solely to such funds for payment. As described under "DESCRIPTION OF THE SERIES 2003 BONDS - Book-Entry Only System" herein, for so long as the Series 2003 Bonds are registered in the name of DTC, Cede & Co., or any other nominee of DTC, notice of redemption of any Series 2003 Bond will be given by the Bond Registrar only to Cede & Co. or such other nominee as registered owner thereof, who will then be solely responsible for selecting and notifying those DTC Participants who will in turn notif~v Beneficial Owners to be affected by such redemption. Book-Entry Only System THE FOLLOWING INFORMATION CONCERNING DTC AND DTC'S BOOK-ENTRY ONLY SYSTEM HAS BEEN OBTAINED FROM SOURCES THAT THE DISTRICT AND THE UNDERWRITERS BELIEVE TO BE RELIABLE, BUT THE DISTRICT AND THE UNDERWRITERS TAKE NO RESPONSIBILITY FOR THE ACCURACY THEREOF. DTC will act as securities depository for the Series 2003 Bonds. The Series 2003 Bonds will be registered in the name of Cede & Co. (DTC's partnership nominee). Purchases of beneficial ownership interests in the Series 2003 Bonds will be made in book-ent~, only form, in the denominations hereinbefore described. Purchasers of beneficial ownership interests in the Series 2003 Bonds ("Beneficial Owners") will not receive bond certificates representing their ownership interests in the Series 2003 Bonds, except in the event that use of the book-entry only system for the Series 2003 Bonds is discontinued. One fully registered certificate will be issued for each maturity of each of the Series 2003A Bonds and the Series 2003B Bonds, and deposited with DTC. DTC, the world's largest depository, is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 2 million issues of U.S. and non-U.S, equity issues, corporate and municipal debt issues, and money market instruments from over 85 countries that DTC's participants (the "Direct Participants") deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of securities transactions, in deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participants' accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust and Clearing Corporation ("DTCC"). DTCC, in turn is owned by a number of Direct Participants of DTC and Members of the National Securities Clearing Corporation, Government Securities Clearing Corporation, MBS Clearing Corporation, and Emerging Markets Clearing Corporation, as well as by the New York Stock Exchange, Inc., the American Stock Exchange LLC and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers, dealers, banks, trust companies and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (the "Indirect Participants"). DTC has Standard and Poor's highest rating: AAA. The DTC rules applicable to DTC and its Direct and Indirect Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com. Purchases of Series 2003 Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for such Series 2003 Bonds on DTC's records. The ownership interest of each actual purchaser of each Series 2003 Bond (the "Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Series 2003 Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of the Beneficial Owners. Beneficial Owners will not receive certificates representing their beneficial interests in the Series 2003 Bonds, except in the event that use of the book-entry system for the Series 2003 Bonds is discontinued~ To facilitate subsequent transfers, all Series 2003 Bonds deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. or such other name as may be requested by an authorized representative of DTC. The deposit of Series 2003 Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Series 2003 Bonds. DTC's records reflect only the identity of the Direct Participants to whose accounts such Series 2003 Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping an account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements made among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Redemption notices shall be sent to DTC. If less than all of a maturity of the Series 2003 Bonds are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such bonds, as the case may be, to be redeemed. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to the Series 2003 Bonds unless authorized by a Direct Participant in accordance with DTC's procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the County as soon as possible after the record date. The Omnibus Proxv assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Series 2003 Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Principal and interest payments on the Series 2003 Bonds will be made to DTC. DTC's practice is to credit Direct Participants' accounts, upon DTC's receipt of funds and corresponding detail information from the District or the Bond Re~strar on the payable date in accordance with their respective holdings shown on DTC's records. Payments by Direct or Indirect Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of custmners in bearer form or with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Direct or Indirect Participants and not ot' DTC, the Bond Registrar, the Pa_ving Agent, or the District, subject to any statutory and regulatory requirements as may be in effect from time to time. Payment of principal and interest to DTC is the responsibility of the District andlor the Paying Agent for the Series 2003 Bonds. Disbursement of such payments to Direct Participants is the responsibility of DTC, and disbursement of such payments to the Beneficial Owners is the responsibility of the Direct and Indirect Participa~ts. DTC may discontinue providing its services as securities depository with respect to the Series 2003 Bonds at any time by giving reasonable notice to the County. Under such circumstances. in the event that a successor securities depository is not obtained, certificates are required to be printed and delivered. The County may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that event, certificates will be printed and delivered. SECURITY FOR THE BONDS General The principal of, premium, ff any, and interest on the Bonds shall be secured ratably by a pledge of the lien upon (i) the Net Revenues (Gross Revenues less Operating Expenses) to be derived from the operation of the System ("Net Revenues"), (ii) the System Development Fees, (iii) the proceeds from any and all assessments against property benefitted by the System or any part thereof ("Special Assessments"), provided that Special Assessments shall be subject to the provisions and lien and pledge of the Resolution only if and to the extent provision for inclusion as part of the Pledged Funds has been made by a supplemental resolution to be adopted by the District ("Special Assessment Preceeds"), and (iv) until applied in accordance with the provisions of the Resolution, all moneys, including investments thereof, in the funds and accounts established under the Resolution, except for the Revenue Fund and the Operation and Maintenance Fund (collective]y, "Pledged Funds"). At the present time, the District has not designated any Special Assessments to be a part of the Pledged Funds relating to the Bonds. The "Gross Revenues" of the System shall mean all income and moneys received by the District from the rates, fees, rentals, ch'arges and other income to be made and collected by the District for the use of the products, services and facilities to be provided by the System, or otherwise received by the District or accruing to the District in the management and operation of the System. calculated in accordance with generally accepted accounting methods employed in the operation of public utility systems similar to the System, including, without limiting the generality of the foregoing, Connection Fees, and all earnings and income derived from the investment of moneys under the provisions of the Resolution which are transferred to the Revenue Fund or Interest Account. Gross Revenues shah not include (1) any Government Grants, (2) System Development Fees, and (3) Special Assessments. "Operating Expenses" shall mean the District's expenses for operation, maintenance, repairs and replacements with respect to the System and shall include, without limiting the generality of the foregoing, administration expenses, insurance and surety bond premiums. ]ega] and engineering expenses, ordinary and current rentals of equipment or other property, refunds of moneys lawfully due to others, payments to others for disposal of sewage or other wastes, payments to pension. retirement, health and hospitalization funds, and any other expenses required to be paid for or with respect to proper operation or maintenance of the System, all to the extent properly attributable to the System in accordance with generally accepted accounting principles employed in the operation of public utility systems similar to the System, and disbursements for the expenses, liabilities and compensation of any Paying Agent or Registrar under the Resolution, but does not include any costs or expenses in respect of original construction or improvement other than expenditures necessary' to prevent an interruption or continuance of an interruption of Gross Revenues or minor capital expenditures necessary for the proper and economical operation or maintenance of the System, or any provision for interest, depreciation, amortization or similar charges. "System Development Fees" shall mean certain charges imposed by the District on Persons (as defined in the Resolution), including developers and large users, connecting to the System or reserving capacity in the System, which represent a pro rata share of the costs of the System which are attributable to the increased demand such additional connections create upon the System: provided, however, that (A) such charges shall be net of any refunds to said Persons in accordance with applicable developer or use agreements, and (B) shall not include Connection Fees. Generally, under Florida law, impact fees such as the System Development Fees may be validly imposed against new construction or development in order to fund capital improvements or capacity which are necessitated by such new construction or development to satisfy debt service for the bonds or other obligations issued for such purposes. Proceeds of such System Development Fees may generally be used only for the capital improvements or capacity attributable to the new construction or development or to pay debt service on indebtedness incurred to finance or refinance such capital improvements or capacity. IMPACT FEE REVENUES SUCH AS THE SYSTEM DEVELOPMENT FEES FLUCTUATE WITH THE AMOUNT OF NEW CONSTRUCTION OR DEVELOPMENT WHICH OCCURS WITHIN THE DISTRICT. THEREFORE, THERE CAN BE NO ASSURANCES THAT SUCH REVENUE WILL NOT DECREASE OR BE ELIMINATED 10 ALTOGETHER IN THE EVENT THAT NEW CONSTRUCTION, FOR WHATEVER REASON, MIGHT DECREASE OR CEASE ALTOGETHER WITHIN THE DISTRICT. THE BONDS SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION OR PLEDGE OF THE FAITH .4J~'D CREDIT OF THE DISTRICT, COLLIER COUNTY, THE STATE OF FLORIDA OR ANY POLITICAL SUBDMSION OF THE STATE OF FLORIDA FOR THE PAYMENT OF THE BONDS. THE BONDS AND THE OBLIGATIONS EVIDENCED THEREBY DO NOT CONSTITUTE A LIEN UPON ANY PROPERTY OF THE DISTRICT, COLLIER COUNTY OR THE STATE OF FLORIDA, BUT SHALL CONSTITUTE A LIEN ONLY43N, AND PAYABLE SOLELY FROM, THE PLEDGED FUNDS. Uniform Commercial Code The Series 2003 Bonds will have all the qualities and incidents of an investment security under the Uniform Commercial Code-Investment Securities Law of the State of Florida and the County's pledge of the Pledged Funds is exempt from the provisions of such law relating to perfection of secured transactions. Rate Covenant The District covenants that in each Fiscal Year~ it will fix, establish, and maintain such rates and collect such fees, rates, or other charges for the products, services and facilities of the System, and revise the same from'time to time, whenever necessary, as will always provide in each Fiscal Year. (A) Net Revenues. System Development Fees and Special Assessment Proceeds adequate at all times to pay in each Fiscal Year at least one hundred ~wenty five percent (125%) of the Annual Debt Service on all outstanding Bonds becoming due in such Fiscal Year, and (B) Net Revenues in each Fiscal Year adequate to pay at least one hundred percent /100%) of the Annual Debt Service on all outstanding Bonds and any required deposits to the Reser~,e Account becoming due in such Fiscal Year. Such rates, fees. or other charges shall not be so reduced so as to be insufficient to provide adequate Net Revenues. System Development Fees and Special Assessment Proceeds for the purposes provided theretbr by the Resolution. Funds and Accounts The District covenanted and agreed in the Resolution to establish with a bank, trust company or such other entity in the State, which is eligible under the laws of the State to be a depository for county funds the following funds and accounts: the "Revenue Fund." the "Operation and Maintenance Fund," the "Sinking Fund" (in which the District shall maintain four separate accounts being the "Interest Account," the "Principal Account," the "Term Bonds Redemption Account" and the "Reserve Account"), the "Development Fees Funds," the "Special Assessments Fund," the "Renewal and Replacement Fund," and the "System Surplus Fund." Moneys in the aforementioned funds and accounts, until applied in accordance with the provisions o, the Resolution, shall be subject to a lien and charge in favor of the Holders of the Bonds and for the further security of such Holders. Separate Accounts The moneys required to be accounted for in each of the funds, accounts and subaccounts established in the Resolution may be deposited in a single, non-exclusive bank account, and funds allocated to the various funds, accounts and subaccounts established in the Resolution may be invested in a common investment pool, provided that adequate accounting records are maintained to b.. 11 reflect and control the restricted allocation of the moneys on deposit therein and such investments for the various purposes of such funds, accounts and subaccounts as provided in the Resolution. The designation and establishment of the various funds, accounts and subaccounts in and by the Resolution shall not be construed to require the establishment of any completely independent, self-balancing funds as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of certain revenues for certain purposes and to establish certain priorities for application of such revenues as provided in the Resolution. Disposition of Revenues A. The District has covenanted to deposit all Gross Revenues into the Revenue Fund and all Special Assessment Proceeds into the Special Assessments Fund. Moneys in the Revenue Fund shall first be used each month to deposit in the Operation and Maintenance Fund such sums as are necessary to pay Operating Expenses for the ensuing month. B. All moneys at any time on deposit in the Special Assessments Fund and any deposits remaining in the Revenue Fund after the aforementioned transferals to the Operation and Maintenance Fund shall be disposed of by the District, on or before the 25th day of each month, first from the Special Assessments Fund and then from the Revenue Fund as follows: first to the Interest Account, a sum which, together with the balance therein, shall be equal to the interest accruing on all Bonds for said month: second, to the Principal Account, a sum which, together with the balance therein, shall be sum equal to the principal accruing on all Bonds in said month; third, commencing in the month which is one year prior to the first Sinking Fund Installment. to the Term Bonds Redemption Account a sum which, together with the balance therein, shall be equal to the Sinking Fund Installment accruing on all Bonds in said month; fourth, to the Reserve Account such sum, ii' any, as will be necessary to, within 24 months, restore the funds on deposit therein to an amount equal to the Reserve Account Requirement; fifth, to the Renewal and Replacement Fund such sums as shall be sufficient to pay one-twelfth (1/12) of five percent (5%) of the Gross Revenues derived from the System during the preceding Fiscal Year (or such other required amount as certified to by the Consulting Engineers) until the amount accumulated in such Fund is equal to the Renewal and Replacement Fund Requirement; sixth, such sums as may be necessary for the payment of any accrued debt service on Subordinated Indebtedness in accordance with the proceedings authorizing such Subordinated Indebtedness; seventh, to the Interest Account, the Principal Account and the Term Bonds Redemption Account, in that order, sufficient moneys such that the amounts on deposit therein shall equal, respectively, the interest, principal and Sinking Fund Installment next coming due on the Bonds outstanding, except that no deposit need be made to the Principal Account or Term Bonds Redemption Account until a date one year preceding the due date of such principal amount or Sinking Fund Installment; and eighth, the balance of any Gross Revenues remaining in said Revenue Fund shall be deposited in the Surplus Fund and applied to the payment, on or prior to each principal and interest payment date for the Bonds, into the Interest Account, the Principal Account and the Term Bonds Redemption Account when the moneys therein shall be insufficient to pay the principal of and interest on the Bonds coming due. Moneys not requixed to meet such a deficiency may be applied for any lawful purpose in connection with the System. C. Income received from the investment and reinvestment of moneys on deposit in the Surplus Fund, the Renewal and Replacement Fund (to the extent such income and other amounts on deposit therein exceed the Renewal and Replacement Fund Requirement), and the Reserve Account (to the extent such income and other amounts on deposit therein exceed the Reserve Account Requirement) shall be transferred to the Revenue Fund and used in the same manner as the money on deposit therein. 12 See "APPENDIX B -- Summary of Certain Provisions of the Resolution" attached hereto for a more complete description of the provisions of the Resolution providing for the disposition of revenues. System Development Fees Fund The District shall deposit into the System Development Fees Fund all System Development Fees as received and such System Development Fees shall be accumulated in the System Development Fees Fund and applied by the District in the following manner and order of priority: A. For the payment on or prior to each principal and interest payment date (in no event earlier than the twenty-fifth (25th) day of the month next preceding such payment date) into the Interest Account, the Principal Account and the Term Bonds Redemption Account, when the moneys therein are insufficient to pay the principal of and interest on the Bonds coming due, as further provided in the Resolution. B. To pay the cost of acquiring and/or constructing extensions, improvements or additions to the System in accordance with the plans and specifications provided by the Consulting Engineers and the requisitions for disbursement of moneys provided by the District. C. To be used for any other lawful purpose relating to the System. Reserve Account The Resolution provides for the establishment and maintenance of a Reserve Account in the Sinking Fund to secure all outstanding Bonds. There shall be on deposit in the Reserve Account, an amount sufficient to cause the amount on deposit in the Reserve Account to equal a sum equal to the lesser of (1) the Maximum Annual Debt Service on all outstanding District Bonds, or (2) 125% of the average annual debt service ibr all outstanding District Bonds (the "Reserve Account Requirement"). Upon the issuance of the Series 2003 Bonds, she balance in the Reserve Account will equal the Reserve Account Requirement of $ In the evens of a deficiency in the Reserve Account, such deficiency shall be made up from the first available Pledged Revenues after the payments required to be made to the Interest, Principal and Term Bonds Redemption Accounts; provided such deficiency must be made up within twenty four (24) months. Notwithstanding the foregoing, in lieu of the required deposits into the Reserve Account, the District may cause to be deposited into the Reserve Account a surety bond or an insurance policy in an amount equal to the difference between the Reserve Account Requirement and the sums then on deposit in the Reserve Account, if any. Additional Bonds The District may, from time to time, issue Additional Bonds under the Resolution on a parity with the Series 2003 Bonds and the Prior District Bonds, subject to certain conditions set forth in the Resolution. Additional Bonds shall only be issued by the District for financing the cost of completion of a Project, financing the cost of an Additional Project, or the completion thereof, or refunding any and all outstanding Bonds or any subordinated indebtedness of the District. No Additional Bonds shall be issued unless: (1) Except in the case of Additional Bonds issued for the purpose of refunding outstanding District Bonds, the District shall certify that it is current in all deposits into the various funds and accounts established by the Resolution and all payments theretofore required to haw: been 13 deposited or made by it under the provisions of the Resolution and that the District has complied with the covenants and agreements of the Resolution. (2) An independent certified public accountant shall certify to the District that the amount of the Net Revenues received during the immediate preceding Fiscal Year or any twelve (12) consecutive months selected by the District of the twenty-four (24) months immediately preceding the issuance of said Additional Bonds, adjusted as provided in the Resolution, will (a) be equal to at l, asr one hundred percent (100%) of the Maximum Annual Debt Service of the outstanding Bonds and the Additional Bonds then proposed to be issued, and (b) when added to the Special Assessment Proceeds and the System Development 'Fees, adjusted as hereinafter provided, received by the District during such 12-month period, be equal to at least one hundred twenty-five percent (125%) of the Maximum Annual Debt Service of the outstanding Bonds and the Additional Bonds then proposed to be issued. The Net Revenues. the System Development Fees and the Special Assessment Proceeds calculated pursuant to the foregoing paragraphs may be adjusted by the independent certified public accountants upon the written advice of the Consulting Engineers, at the option of the District, as more fully set forth in the Resolution. See "APPENDIX B - Summary of Certain Provisions of the Resolution" attached hereto. In the event any Additional Bonds are issued for the purpose of refunding any Bonds then outstanding, the conditions of paragraphs (1) and (2) above shall not apply, provided that the issuance of such Additional Bonds shall not result in an increase in the aggregate amount of principal of and interest ori the outstanding Bonds becoming due in the then current Bond Year and all subsequent Bond Years. The conditions of said paragraph (2) shall apply to Additional Bonds issued to refund Subordinated Indebtedness. Subordinated Indebtedness The District may, at any time or from time to time, issue evidences of indebtedness payable in whole or in part out of Pledged Funds and which may be secured by a pledge of Pledged Funds subordinated in all respects to the pledge of the Pledged Funds created by the Resolution. The County has also pledged and created a lien upon certain revenues of the System for the benefit of the Florida Department of Environmental Protection ("FDEP") in connection with four loans to the District under the State Revolving Fund loan program (the "SRF Loans"). Such pledge and lien are junior and subordinate in all respects to the pledge and lien securing the Bonds. One additional SRF Loan has been approved but no moneys have been drawn thereunder. The SRF Loans each have a fixed rate of interest. As of September 30, 2002, $40,259,284 was the estimated outstanding liability under the SRF Loans. The budgeted amount for annual debt service payments on the SRF Loans in the fiscal year ending September 30, 2002 is $3,385,716. The County anticipates additional SRF Loan borrowing of approximately $100 million as a part of the five-year capital improvement plan for the System. Assuming the County borrows such amounts under additional SRF Loan agreements, the annual debt service on the SRF Loans is estimated to be approximately $8.7 million. See "PROJECTED G)ERATING RESULTS - Projected Revenues, Expenses and Debt Service Coverage" herein. Historically, the District has primarily paid the debt service on SRF Loans from special assessment proceeds which are not part of the Pledged Funds. In the event of a default under the SRF Loans, FDEP has the ability to enforce certain remedies under the SRF Loans, including, but not limited to, acceleration of the repayment schedule, increasing the interest rate on the SRF Loans by as much as 3.00 percent per annum and the appointment of a receiver. While any such acceleration might adversely affect the District's ability, to meet the rate covenant applicable to the Series 2003 Bonds and might adversely affect the District's ability to pay the Series 2003 Bonds, the loan agreements of the District authorizing the SRF Loans contain separate rate covenants to help ensure the availability of revenues for the payment of such obligations. Such loan agreements specifically provide that the District shall impose rates for the services of the District which will produce revenues pledged to the SRF Loans in an amount not less than 115% of debt service on all bonded indebtedness of the District and not less than 125% of the annual payment under such loan agreements. In addition, the County has pledged and created a subordinate lien upon certain revenues of the System for the benefit of the noteholders in a borrowing from the Florida Local Governmental Finance Commission, Pooled Commercial Paper Program (the "Commercial Paper Loan"). The County has never borrowed any money under the Commercial Paper Loan. No Mortgage or Sale of the System The District irrevocably covenanted, bound and obligated itself in the Resolution not to sell, lease, encumber or in any manner dispose of the System as a whole or any substantial part thereof (except as provided in the Resolution) until all of the Bonds and all interest thereon shall have been paid in full or provision for payment has been made. The foregoing provision notwithstanding, the District shall have and hereby reserves the right to sell, lease or otherwise dispose of any of the property comprising a part of the System in the manner provided in the Resolution. if any one of the following conditions exist: (A) such property is not necessary for the operation of the System. (B) such property is not useful in the operation of the System, (C) such property is not profitable in the operation of the System, or (D) in the case of a l~ase of such property, will be advantageous to the System and will not adversely affect the security for the Bondholders. No Free Service The District will not render, or cause to be rendered, any free services of any nature by its Svstem or any part thereof, nor will any preferential rates be established ibr users of the same class, a~d in the event the District or the County, or any department, agency, instrumentality, office or employee thereof, shall avail itself of the System or services provided by said System or any part thereof, the same rates, fees or charges applicable to other customers receiving like services under similar circumstances shall be charged the District, the County and any such department, agency, instrumentality, officer or employee. The revenues so received shall be deemed to be Gross Revenues derived from the operation of the System, and shall be deposited and accounted for in the same manner as other Gross Revenues. No Impairment of Rights The District will not enter into any contract or contracts, nor take any action, the results of which might impair the rights of the Holders of the Bonds and wi. 1 not permit the operation of any competing water or sewer service facilities in the District; provided, however, the District reserves the right to permit the ownership and operation of water or sewer service facilities or both by itself or by others in any territory which is not in any service area now or hereafter served by the System. Compulsory Water and Sewer Connections In order better to secure the prompt payment of principal and interest on the Bonds, as well as for the purpose of protecting the health and welfare of the inhabitants of the District. and acting ~5 lob under authority of the general laws of Florida, the District will require (A) every owner of each lot in the District which abuts upon any street or public way containing a sewer line forming a part of the sewer facilities of the System and upon which lot a building shall subsequently be constructed for residential, commercial or industrial use, to connect such building to such sewer facilities and to cease to use any ether method for the disposal of sewage waste or other polluting matter, and (B) every owner of each lot in the District which abuts upon any street or public way containing a water line forming a part of the water facilities of the System and upon which lot a building shall subsequently be constructed for residential, commercial or industrial use, to connect such building to such water facilities. Enforcement of Charges The District shall compel the prompt payment of rates, fees and charges imposed for service rendered on every lot or parcel connected with the System, and to that end will vigorously enforce all of the provisions of any ordinance or resolution of the District having to do with sewer and water connections and charges, and all of the rights and remedies permitted the District under law, including the requirement for the making of a reasonable deposit by each user, the requirement for disconnection of all premises delinquent in the payment, and the securing of injunction against the disposition of sewage or industrial waste into the sewer facilities of the System by any premises delinquent in the payment of such charges. Unit Water and Sewer Bills In every instance ih which a building or structure on a lot is connected to the sewer facilities of the System. which building or structure is also connected to the water facilities of the System and receives~ water therefrom, the District shall submit to the owner or occupant of such lot a single, bill for both water and sewer service and shall refuse to accept payment for either the water charge along or sewer charge along without payment of the other. Collection of System Development Fees The District shall proceed diligently to perform legally and effectively all steps required in the imposition and collection of the System Development Fees. Upon the due date of any such System Development Fees, the District shall diligently proceed to collect the same and shall exercise ail legally available remedies to enforce such collections now or hereafter available under State law. Amendment of Resolution without Consent of Bondholders In certain circumstances, certain amendments to the Resolution are permitted without Bondholder consent with the prior written consent of the Insuxer or Insurers of Bonds. See "APPENDIX B - Summary of Certain Provisions of the Resolution" attached hereto. MUNICIPAL BOND INSURANCE The following information under this heading has been furnished by Financial Security Assurance Inc. (the "Insurer" or "Financial Security") for use in this Official Statement. Bond Insurance Policy Concurrently with the issuance of the Series 2003 Bonds, Financial Security will issue its Municipal Bond Insurance Policy for the Series 2003 Bonds (the "Policy"). The Policy guarantees the scheduled payment of principal of and interest on the Series 2003 Bonds when due as set forth in the 16 form of the Policy included as Exhibit G to this Official Statement. The Policy is not covered by any insurance security or guaranty fund established under New York, California, Connecticut or Florida insurance law. Financial Security Assurance Inc. Financial Security is a New York domiciled insurance company and a wholly owned subsidiary of Financial Security Assurance Holdings Ltd. ("Holdings"). Holdings is an indirect subsidiary of Dexia, S.A., a publicly held Belgian corporation. Dexia, S.A., through its bank subsidiaries, is primarily engaged in the business of public finance in France, Belgium and other European countries. No shareholder of Holdings or Financial Security is liable for the obligations of Financial Security. At March 31. 2003, Financial Security's total policyholders' surplus and contingency reserves were approximately $1,932,647,000 and its total unearned premium reserve was approximately $1,077,095,000 in accordance with statutory accounting principles. At March 31, 2002, Financial Security's total shareholders' equity was approximately $2,043,103,000 and its total net unearned premium reserve was approximately $904,700,000 in accordance with generally accepted accounting principles. The financial statements included as exhibits to the annual and quarterly reports filed by Holdings w/th the Securities and Exchange Commission are hereby incorporated herein by reference. Also incorporated herein by reference are any such financial statements so filed from the date of this Official Statement until the termination of the offering of the Series 2003 Bonds. Copies of materials incorporated by reference will be provided upon request to Financial Security Assurance Inc.: 350 Park Avenue, New York, New York 10022. Attention: Communications Department (telephone (212) 826-0100). The Policy does not protect investors against changes in market value of the Series 2003 Bonds, which market value may be impaired as a result of changes in prevailing interest rates, changes in applicable ratings or other causes. Financial Security makes no representation regarding the Series 2003 Bonds or the advisability of investing in the Series 2003 Bonds. Financial Security makes no representation regarding the Official Statement. nor has it participated in the preparation thereof, except that Financial Security has provided to the Issuer the information presented under this caption for inclusion in the Official Statement. THE INFORMATION RELATING TO THE INSURER CONTAINED ABOVE HAS BEEN FURNISHED BY THE INSURER. NO REPRESENTATION IS MADE BY THE DISTRICT OR THE UNDERWRITERS AS TO THE ACCURACY OR ADEQUACY OF SUCH INFORMATION OR THAT THERE HAS NOT BEEN ANY MATERLM, ADVERSE CHANGE IN SUCH INFORMATION SUBSEQUENT TO THE DATE OF SUCH INFORMATION. NEITHER THE DISTRICT NOR THE UNDERWRITERS HAS MADE ANY INVESTIGATION INTO THE FINANCIAL CONDITION OF THE INSURER, AND NO REPRESENTATION IS _'VL~XDE AS TO THE ABILITY OF THE INSURER TO MEET ITS OBLIGATIONS UNDER THE POLICY. SEE "APPENDIX G - SPECIMEN BOND INSURANCE POLICY" ATTACHED HERETO. [Remainder of page intentionally left blank] 17 ESTIMATED SOURCES AND USES OF FUNDS The proceeds to be received from the sale of the Series 2003A Bonds are expected to be applied as follows: SOURCES: Principal Amount of Series 2003A Bonds ................................................ Plus Other Legally Available Moneysm ................................................... [Plus/Less] Original Issue [Premium/Discount] ................................ Total Sources ................................................................................ USES: Deposit to Series 1994A Escrow Funda) .................................................. Costs of Issuance(a) ..................................................................................... Total Uses .................................................................................... (2) (3! Represents moneys on deposit in certain of the funds and accounting established with respect to the Refunded 1994A Bonds. Moneys on deposit in the Series 1994A Escrow Fund shall be used to pay the principal of, redemption premium, and interest on the Refunded 1994A Bonds. Includes municipal bond insurance premium, Underwriters' discount, legal, financial advisory and other related fees and expenses. The proceeds to be received from the sale of the Series 2003B Bonds are expected to be applied as follows: SOURCES: Principal Amount of Series 2003B Bonds ................................................ Plus Other Legally Available Moneysm ................................................... [Plus/Less] Original Issue [Premium/Discount] ................................ Total Sources ................................................................................. USES: Deposit to Series 1994B Escrow Fund('~) .................................................. Costs of Issuance(s) ..................................................................................... Total Uses .................................................................................... (2) (3) Represents moneys on deposit in certain of the funds and accounting established with respect to the Refunded 1994B Bonds. Moneys on deposit in the Series 1994B Escrow Fund shall be used to pay the principal of, redemption premium, and interest on the Refunded 1994B Bonds. Includes municipal bond insurance premium, Underwriters' discount, legal, financial advisory and other related fees and expenses. t8 THE COUNTY General The County was established in 1923 by the legislature of the State of Florida (the "State") from portions of Lee and Monroe Counties. Its territorial limits, as they presently exist, contain approximately 2,026 square miles. In terms of land area, it is the largest county in the State. The County is located on the southwest coast of the Florida peninsula directly west of the Miami-Fort Lauderdale area. The County has a 2002 population of 264,475. Principal industries within the County include wholesale and retail trade, tourism, agriculture, forestry, fishing, cattle ranching and construction. The 2000 U.S. Census showed an increase in the population of the County of 65% between the years 1990 and 2000. Additional general information with respect to the County is set forth in "AP1JENDIX A - General Information Regarding Collier County, Florida" attached hereto. Board of County Commissioners The Board of County Commissioners (the "Board") is the principal legislative and governing body of the County. The Board consists of five County Commissioners; one from each of the five districts elected for terms of four years. All of the County Commissioners are residents of the County. The Board serves as the ex-officio governing board of the District. The current members of the Board and their expiration of terms of office are: Commissioner Office Term Expires Tom Henning Donna Fiala Jim Coletta Fred W. Coyle Frank Halas Chairman Vice Chairman Commissioner Commissioner Commissioner November, 2004 November, 2004 November, 2004 November, 2006 November, 2006 The County Administrator The chief administrative official of the County is the County Manager. This official is directly responsible to the Board for administration and operation of the four administrative divisions under the Board and for execution of all Board policies. The County Manager directs the administrative divisions for Community Development. Public Services, Public Utilities and Support Services. The County Public Utilities Administrator, responsible for the management of the District, reports directly to the County Manager. The County Manager is also responsible to the Board for the preparation of budgets for the control and expenditures of departments under his supermsion throughout the budget year. Budget Process The Budget Director, as the County's Budget Officer, begins the budget process each February for the ensuing fiscal year (October 1 to September 30), with the distribution of budget request forms and instructions to departments and division heads. County division heads and elected officers submit their proposed expenditures beginning in April for compilation by the Budget Officer no later than July I of each year. Each submission is matched against available revenues, which are certified by the Budget Officer no later than August 1. A balanced, proposed budget is presented to the Board for review within 15 days of receipt of an assessed value certification from the County's Property Appraiser which is due by July 1. A tentative budget is thereupon adopted within 15 days. 20 ~' Subsequent to public hearings, a final budget is adopted. Final millage rates are adopted, usually by mid-September, and the County's Tax Collector prepares tax bills for mailing on or after November 1. Upon valid adoption, all expenditures in the budget constitute appropriations, and amendments to the budget can be made only in accordance with the provisions of Chapter 129, Florida Statutes. Annual Audit Florida law requires that an annual post audit of each county's accounts and records be completed within six months of the end of each fiscal year by a firm of independent certified public accountants retained and paid for by the County. Auditors have conducted an annual post audit of the County's accounts and records for the fiscal year ended September 30, 2002. Copies of the audit report for fiscal year ended September 30, 2002 may be obtained from Dwight E. Brock, Clerk of the Circuit Court of Collier County, Florida, Government Center, 3301 E. Tamiami Trail, Building L, Naples, Florida 34112, Phone (239) 774-8097. THE DISTRICT Background In 1969, the citizens of the County adopted a referendum authorizing the Board to create the District under Chapter 153~ Pa~t II, Florida Statutes, in order to plan, develop and operate public ~vater and sewer facilitie~ for existing and fu~uce development within the County. In 1978, the District was created pursuant to Chapter 75-4,~9. Laws of Florida, as amended by Chapter 88-499, Laws of Florida. The District was created and exists under the authority of and in full compliance with the Act for the purpose of providing water and sewer services and facilities to certain unincorporated areas of the County (the "System"). See "THE SYSTEM' herein. The District covers approximately 200 square miles of unincorporated Collier County. The System is owned and operated by the District, the ex-officio governing board of which is the Board. Powers The District has the power to construct, install, acquire and to operate, improve~ enlarge and reconstruct a water and sewer system within the District and to have the exclusive control and jurisdiction thereof; to issue its bonds to pay all or part of the cost of such improvements: to fix and collect rates, fees and other charges to persons or property or both for the use of the facilities and services provided; to levy special assessments ~br the payment of assessable improvements; and to acquire by eminent domain such lands and rights thereon as it may deem necessary. Management The Collier County Public Utilities Division operates the public water and sewer facilities for the District. The Administrator of the Public Utilities Division reports to the Deputy County Manager. The Division currently has 250 employees managing and operating the wa~er and sewer utilities including administration, engineering, water operations and sewer operations. The sewer operations section consists of 126 employees. The water operations section consists of 100 employees. The Public Utilities Division also operates the public water and sewer facilities for the Goodland Water District, which is completely separate and apart from the District and such facilities are not considered part of the System for purposes of the Resolution. The following individuals comprise the senior management of the Public Utilities Division: James W. (Jim) DeLony, P.E., Public Utilities Administrator~ Jim DeLony assumed duties as the Collier County Public Utilities Division Administrator in June 2002. Prior to joining the Division, he served as District Engineer and Commander, Wilmington District, U.S. Army Corps of Engineers, Wilmington, North Carolina. A native of Pasadena, Texas, DeLony holds both a Master's and Bachelor's degree in Civil Engineering from Texas A&M University. He is a Professional Engineer registered in Florida, Louisiana, North Carolina and Virginia. DeLony also holds a Master's degree in Military Arts and Sciences from the U.S. Army Command and Genera] Staff College, and a Master's degree in Military Strategy from the Quaid-E-Asam University, Islamabad, Pakistan. Prior to his assignment as the Wilmington District Engineer and Commander, he served as the Director of the Public Utilities Business Center, Fort Campbell, Kentucky. He commanded the 326th Engineer Battalion, 101st Airborne Division, Fort Campbell. He served as the Director of Operations and as a War Plans Officer on the XVIII Airborne Corps staff at Fort Bragg, North Carolina, where he was deployed during Operation Just Cause in Panama, Operations Desert Shield and Desert Storm during the Gulf War, and Hurricane Andrew Relief Operations in Florida. Additionally, he served as the Brigade S3 and Assistant Corps Engineer for the 20th Engineer Brigade (Combat) (Airborne) at Fort Bragg. Assignments in Germany include serving as Battalion S3 for the 237tn Engineer Battalion (Combat) (Corps) in Heilbronn; Director of Engineering and Housing for the Garmish Military Community; and Company Commander, Assistant S37 and Platoon Leader in the 10t~ Engineer Battalion (Combat) (Mech) in Kitzingen. He also served as the Deputy Commander, Savannah District Corps of Engineers, and as the Assistant Area Engineer for the Lafayette Area Office in the New Orleans District. Thomas G. (Tom) Wides, Director of Operations. Prior to joining the District in December 2000, Mr. Wides was employed by Ispat Inland Inc. (formerly Inland Steel Company) for 25 years in a succession of financial positions. These positions included Controller of Burnham Trucking Company and, most recently, Manager of Accounting for Inland Bar Company. Both of these companies were wholly owned subsidiaries of Ispat Inland Industries Inc. Mr. Wides is a graduate of the University of Windsor, Windsor, Ontario, Canada, with a Bachelor of Commerce Degree in Accounting. He also graduated with a Master's Degree in Business Administration with a concentration in Systems (Information Technology) from DePaul University, Chicago, Illinois. Billings and Collections The Utility Billing and Customer Service Department is responsible for the District's customer service, which includes meter reading, billing and collection of customer fees and charges levied for the services provided by the District. Bills for services are rendered monthly and are due and payable fifteen days after the bills are mailed. Service is discontinued if bills are not paid in forty-five days after bills are rendered. Meters are read monthly at approximately thirty-day intervals. Billings are made on the basis of thirty-five staggered billing cycles per month. The read-to-bill time is approximately three days. Bills are delivered to a U. S. postal facility on the same day they are printed. Use of a lockbox, bank drafts and credit cards increases the efficiency and level of service in the receipt and processing of payments. Customer accounts are updated daily and over-the-counter payments are deposited on the day of receipt. Financial records of billings and receipts are accounted for on a monthly basis. A state-of-the-art Customer Relationship Management (CRM) and billing system was installed in February 2003. This CRM solution enhances both customer service and operational efficiency. A telephone call center system is being installed at the present time. A major benefit of 22 this system is to allow 24-hour access to customer account information by telephone or over the Internet. The District is converting its' 45,000 manual read meters to a radio read environment. The anticipated completion date of this conversion is scheduled for January 2004. The District's Utility Billing and Customer Service Director is John Yonkosky. Prior to assuming these responsibilities, Mr. Yonkosky was the Collier County Finance Director. Mr. Yonkosky is a Certified Public Accountant and is a member of the American Institute Public Accountants and the Governmental Finance Officers Association. Mr. Yonkosky is the Chairman of the Florida Local Government Finance Commission. The Commission has issued in excess of $1.2 billion in tax-exempt commercial paper for purposes of making loans to local governments since 1991. Financial Records The District maintains its financial records on a fiscal year basis ending September 30. "APPENDIX C - Collier County Water-Sewer District Financial Statements for Fiscal Year Ended September 30, 2002" attached hereto includes the audited financial statements relating to the District for the fiscal year ending September 30. 2002. See "AUDITED FINANCIAL STATEMENTS" herein. THE SYSTEM The "System" is comprised of both water production, transmission, treatment and distribution facilities, and sewage collection, transmission, treatment and disposal facilities which are owned and operated by the District. The System does not, however, include the Goodland Water District. which is completely separate and apart from the District and is not part of the System for purposes of the Resolution. The service area of the System is generally bounded on the north by the Lee County line, on the west by the Gulf of Mexico and the limits of the City of Naples service area, on the south by the Collier Seminole State Park, and on the east by County Road 951. The following table illustrates the historical growth of the System based on Equivalent Residential Connections ("ERCs") and customer accounts as of each September 30. [Remainder of page intentionally left blank] 23 HISTORICAL SEWER SYSTEM AND WATER SYSTEM EQUIVALENT RESIDENTIAL CONNECTIONS AND WATER AND SEWER ACCOUNTS Water No. Water and Sewer System System Sewer Account Year ERCs_~) ERC s (1) Accounts (1) Growth 1993 29,101 38,346 20,068 --% 1994 29,619 41,996 23,620 16% 1995 35,561 42,286 26,202 11% 1996 35,919 43,553 28,631 9% 1997 41,957 48,047 30,617 7% 1998 50,893 60,197 32,567 6% t999 54,547 62,043 35,004 7% 2000 58,009 67,802 37,556 2001 60,210 70,851 40,388 8% 2002 63,600 74,891 43,311 7% Collier County Water-Sewer District. An Equivalent Residential Connection CERC") is a standard level of service based on a typical single family home equivalency and is equal to 350 gpd for water service and 250 gpd for sewer service. Existing Water System The District began production of potable water in 1983, with the South County Regional Water Treatment Plant (SCRWTP) providing a design capacity of 4 million gallons per day (mgd). Since then, this facility has been expanded to provide 12 mgd of potable water. A second regional plant, the North County Regional Water Treatment Plant (NCRWTP), completed construction in December 1993 with a design capacity of 12 mgd. These two plants obtain their raw water supply from the Golden Gate Well Field. which has a design capacity of 27 mgd. A raw water booster pump station and raw water transmission main are used to deliver the raw water to the NCRWTP and the SCRWTP. The finished water from these plants is supplied to the regional distribution system with high service pumps to meet the daily water requirements of the system. Four booster pump stations and ground storage tanks are located in the distribution system to maintain pressure and flow throughout. The SCRWTP uses degasifiers, lime softening, recarbonation, and disinfection to treat the raw water. Five transfer pumps deliver finished water from the plant clearwell to a 2 million gallon (MG) storage tank and a 6-MG storage tank. Six high service pumps deliver the finished water to the distribution system. Recent improvements to the facility include a chlorine scrubber system and a $1.4 million degasifier odor control system added to address public concern related to odor. The current capacity of the SCRWTP is 12 mgd. A 12 mgd expansion to the SCRWTP is forecast to be placed in service by 2006. The 14CRWTP facility is a membrane softening plant, which uses ultrafiltration across permeable membranes to remove minerals. The process has an approximate 90 percent recovery rate. The process flow involves pretreatment of raw water with cartridge filters, chemical feed to lower the pH and stabilize scale forming constituents, membrane filtration, degasification, pH control and disinfection with chlorine and ammonia. Finished water is placed in a 6-MG storage tank and delivered to the distribution system with high service pumps. The high service pumps have a design capacity of 24 mgd to meet a hydraulic peak flow of twice the average design flow. The membrane softening filtration is 24 accomplished using 6 filter trains with a design capacity of 2 mgd each at 90 percent efficiency. There are two deep injection wells with each having a design capacity of 6.3 mgd for disposal of concentrate. These wells are developed to a depth of 2,800 feet and discharge the concentrate to the Boulder Zone. These wells are also utilized for wet weather disposal of excess of NCRWTP reclaimed water. The NCRWTP originally was designed and constructed in 1993 to allow for an 8 mgd future expansion, which would yield a total plant capacity of 20 mgd. This expansion was completed in December 1999 (the "1999 Expansion"), bringing the total plant capacity to 20 mgd. The treatment process used in the 1999 Expansion (8 mgd) is reverse osmosis (R/O). The raw water is supplied by 10 wells, each with a capacity of I mgd. The wells are located east of Collier Boulevard (CR-951) along Vanderbilt Beach Road. The wells are 700 to 900 feet deep and withdraw water from the Lower Hawthorn (Floridan) Aquifer. The 1999 Expansion is designed for chloride removal using R/O treatment and provides a recovery efficiency of 75 percent. The membrane softening process and R/O process water are blended to produce a composite finished water that meets all current drinking water standards. A second 6 million gallon storage tank and additional high service pumping capacity were constructed as part of the expansion. Two deep injection wells have been permitted for construction at the NCRWTP and are expected to be in service by January 2005. The South Florida Water Management District (SFW~ID) Lower West Coast Water Supply Plan encourages the use of the Lower Hawthorn (Floridan) Aquifer for public supply purposes, lis this still true? 2002 Water Plan Update says Avon Park Aquifier is reconunended (p. 8-9).] The Lower Hawthorne Aquifer is considered the preferred alternative for future large-scale water supply development in western Collier County. Large volumes of water are available from this source, it can be can be treated economically utilizing low pressure reverse osmosis membranes, and permitting water use from the aquifer is feasible under current and proposed regulations. In addition to supplying ra~v water for the NCRWTP expansion, the Lower Hawthorn Aquifer is planned to supply the planned 2003 SCRWTP 8 mgd reverse osmosis expansion project. The present source of raw water for the NCRWTP and the SCRWTP is a well field located north of the Golden Gate Canal in the ~'icinity of 7th Street SW and 2nd Street SE. The well field was established in 1983 with 5 wells providing a capacity of 5 mgd. The well field has since been expanded to 27 wells with a total established capacity of 27 mgd. In addition, the District has constructed 10 additional wells for withdrawal of water from the Floridan Aquifer with a total established additional capacity of 10 mgd. Raw water is supplied from wells ranging from 50 to 100 feet deep, which ~qthdraw water from the Lower Tamiami Aquifer. Water quality is good with varying hydrogen sulfide present, requiring degasification in the treatment process. There is no indication of increasing chloride levels or any other contaminant at this well field. [Prior to 2003, the weakest link in the Water System from a reliability standpoint was the raw water supply system. There was little back up capacity during periods of high demand. Several wells were and currently are being installed to increase reliability. These reliability wells are expected to be in service this year.] The raw water bo~ ster pump station, located near the well field, uses four 300-horse power pumps to deliver water through a 30-inch diameter ductile iron raw water transmission main. This transmission main runs west along the north side of the Golden Gate Canal to County Road (CR) 951. At CR 951, a 30-inch main branches to the SCRWTP, and a 36-inch main branches to the NCRWTP. The raw water booster pump station has a supply capacity of 26.4 mgd. The water distribution system consists of various transmission and distribution mains, storage and pumping facilities. The District currently owns and maintains approximately 640 mi]es of 4-inch through 48-inch transmission and distribution mains. Redundancy and flow loops have 25 been provided in all three of the major service regions by running transmission mains along two or more main roadway corridors and interconnecting them at cross streets. Water is supplied to the distribution system by high service pumps at the two regional water treatment plants and at four regional booster pump sites. Ground storage tanks at the two treatment plant sites and at the booster pump sites provide system storage and reserve capacity to meet peak hourly demands in the distribution system. These booster pump systems and storage tanks are located at Isle of Capri, Manatee Road, Carica Road and Vanderbilt Drive. The Vanderbilt booster station is an in-line booster pump, which operates as required to maintain system pressure in the 12-inch Vanderbilt Drive transmission main. This station is used primarily for fire flows. The Carica Road booster station includes two 5 million gallon storage tanks and high service pumps to serve much of the North Naples distribution system. The Manatee Road storage and pump station includes a 2 million gallon storage tank and high service pumps to serve the South Naples region of the distribution system. The Isle of Capri storage and pump station includes a 0.25 million-gallon storage tank and high service pumps to serve the Isles of Capri area. A major component of the SFWMD water supply planning policy is the effort to diversify water supply sources and provide augmentation alternatives. The CCWSD District's Manatee road Aquifer Storage and Recovery system (ASR) is an example of an alternative storage mechanism. The ASR system allows for storage of excess potable water during the wet season to provide 1.0 mgd potable water withdrawal to meet demands during the dry season. It also allows the District to demonstrate and promote prudent management of water resources. The Manatee Road ASR was placed on line in January 1999. Two new future water treatment plans are proposed to lneet long-term future water demands. Water System Regulatory Compliance In 1974, Congress passed the Safe Drinking Water Act (the "SDWA"), which directed the United States Environmental Protection Agency ("EPA") to establish minimum drinking water standards. These standards are divided into two categories: primary regulations (those required for public health) and secondary regulations (those recommended for aesthetic qualities such as odor and taste). The FDEP has the primary role of regulating public water systems in Florida as derived from Chapter 403, Part IV, Florida Statutes and by delegation of the federal program from the EPA. FDEP has promulgated rules within the Florida Administrative Code (F.A.C.), Chapter 62 for regulation of public water supplies. The System complies with the applicable rules of F.A.C. Chapter 62. [The District has had no violations of any primary or secondary drinking water standards within the last 5 years. In accordance with the SDWA requirements, the District publishes and distributes a Consumer Confidence Report annually outlining the System's compliance with the watt r quality standards established by EPA. The District has been maintaining a renewal and replacement program annually for improvements to their public water system facilities.] [To the knowledge of the District, the District is in full compliance with all federal and state regulatory requirements relating to the provisions of water services and there are no currently outstanding consent orders requiring corrective actions issued by any regulatory agency relating to any component of the District's water system. The District 26 operates all of its water treatment plants pursuant to unexpired permits issued by the requisite regulatory agencies, and the District is current on all permit renewals.] Existing Sewer System The District's sewer system is divided into a North Service Area and a South Service Area. The District currently operates and maintains three wastewater treatment facilities, along with certain associated collection and transmission, and effluent disposal systems. All plants meet permit requirements of the State of Florida. Approximately 650 master pump stations and pump stations are used to pump raw sewage to the wastewater treatment plans. After treatment, the wastewater is then delivered to 27 bulk customers and used on various area golf courses for use as a means of irrigation. The effluent is stored in on-site ponds or ground storage ponds located at the golf courses. This system is operated through telemetry from the treatment plants w~th a specific allocation of effluent based on irrigable acreage. The County is considering a five plant alternative to meet the County's sewer needs projected for the years 2022. 2030 and beyond. North Service Area. The North Service Area covers approximately 78 square miles. This area is bounded on the north by the Collier/Lee County line, on the south by Golden Gate Parkway, on the east by the Urban Planning Boundary. and on the west by the City of Naples Service area and the Gulf of Mexico. Future land use within this service area consists primarily of urban residential and estates residential. The area is served by the North County Regional Water Reclamation Facility (NCRWRF), located off Goodlette Frank Road, just south of Immoka]ee Road (CR-846) and the Pelican Bay Waste Water Treatment Plant in Pelican Bay (Pelican Bay WWTP). The NCRWRF has a design capacity of 1 ~.oo mgd. This plant provides advanced secondary treatment through the activated sludge process. Current annual average daily flows at this facility are approximately 9.0 mgd. The primary source of effluent disposal is through irrigation of several area golf courses, a community park and nearby residential community with any excess effluent going to the on-site percolation ponds. On-site deep injection wells located at the NCRWRF are under construction ~vith completion expected in late 2003. The NCRWRF is under expansion to add capacity to 24.1 mgd. The expansion will be on line in 2005. Sludge is currently dewatered on site and disposed of at a privately owned landfill. The NCRWRF was originally constructed in 1982 as a contact stabilization package plant. Numerous additions and expansion have been implemented since. The next expansion to increase the capacity to 24.1 mgd is expected to be complete by January 2005. In general, advanced secondary, treatment at the plant is accomplished using the conventional activated sludge process, clarification, filtration and chlorination. The solids handling system consists of sludge thickening and belt filter press dewatering. Pelican Bay is a planned development included in the North Service Area which utilizes its own treatment facility. This facility is presently activated, as required, to meet peak seasonal demands. The Pelican Bay WWTP has a capacity of 1.0 mgd and uses an oxidation ditch process. Any additional flow beyond 1.0 mgd are diverted to the NCRWRF. Current annual average flows to the Pelican Bay WWTP are approximately 0.20 mgd. The plant will be used as a peaking plant until its FDEP operating permit expires in 2005. At that time, there should be enough capacity available at the NCWRF to decommission this plant, at which time it would be converted to reclaimed water storage. The collection system consists of approximately 350 miles of gravity sewers and force mains, 325 lift stations and pump stations. Service connections total approxbnately 22,000 which serve 76 percent of the service area population. 27 South County Service Area. The South Ser~rice Area covers approximately 58 square miles and is served by the South County Regional Water Reclamation Facility ( SCRWRF ). The South Service Area is bounded on the north by Golden Gate Parkway, on the south by environmentally sensitive lands, on the east by the Urban Planning Boundary and on the west by the City of Naples Services Area and environmentally sensitive lands. Future land use within this service area consists primarily of urban residential and areas of environmental concern. The area is served by the SCRW'RF, located just east of U.S. 41 and south of Rattlesnake Hammock Road (CR-864). The SCRWRF has a design capacity of 8.0 mgd. This plant provides advanced secondary treatment through an extended aeration process. Current annual average daily flows at this facility are approximately 7.2 mgd. The primary source of effluent disposal is through irrigation of area golf courses with excess effluent diverted to the off-site Eagle Lake Ponds and/or an on-site deep injection well. Dewatered sludge is currently hauled to a privately owned landfill for disposal. The SCRWRF was originally constructed in 1971 with a capacity of 0.2 mgd. The plant capacity was expanded to 0.5 mgd in 1977 and to 1.0 mgd in 1982. In 1985, the capacity was again increased to 1.5 mgd. In January 1991, construction of the existing 8 mgd advanced secondary treatment facility was completed. In 1998, the SCRWRF underwent substantial improvement to address public concern related to odor and noise. These improvements included construction of a new facility with odor control, construction of a new aeration basin and blower building, and conversion of the existing aeration basin to an effluent storage tank. The SCRWRF is currently under expansion to 16 mgd. The expansion will be on line in October 2004. In general, advanced secondary treatment at the plant is accomplished using the activated sludge process, clarification, filtration~ and chlorination:The solids handling system consists of sludge dewatering and hauling of the dewatered sludge to a privately owned landfill. The collection system consists of approximately 300 miles of gravity mains and £orce mains and 325 lift stations an~t pump stations. Ser~6ce is provided to approximately 25 square miles of the ser;6ce area. Service connections total approximately 22,000. [22,000 is same number of connections as NCRWRF - is that correct?] Sewer System Regulatory Compliance Wastewater regulations set forth in Chapter 40, CFR, Part 503 set forth United States Environmental Protection Agency (EPA) requirements and in Chapter 62 of the F.A.C. state minimum standards and specific requirements of FDEP for regulation of Domestic Wastewater Treatment Facilities. The District complies with the applicable regulations of F.A.C. Chapter 62. [The District has had no violations to their permits for the previously listed sewer facilities within the last five years. There have been no unauthorized sanitary sewer overflows and the District has been maintaining a renewal, replacement and improvement program annually for improvements to their sewer facilities.] [To the knowledge of the District, the District is in full compliance with all federal and state regulatory requirements relating to the provisio; s of wastewater services and, except as discussed above, there are no currently outstanding consent orders requiring corrective actions issued by any regulatory agency relating to any component of the District's wastewater system. The District operates all of its wastewater treatment plants pursuant to unexpired permits issued by the requisite regulatory agencies, and the District is current on all permit renewals.] 28 Comprehensive Consent Order The District's water system is currently operating under a Consent Order issued by the Florida Department of Environmental Protection (00-0951-11-HW North Regional Water Treatment Plant Acid Release) (the "Consent Order"). The Consent Order required the submission and approval of a quarterly groundwater-monitoring plan. Groundwater monitoring is required until the impact of the release of sulfuric acid to the environment has attenuated as evidenced by two consecutive monitoring events with the concentration of sulfates less than the Maximum Contaminant Level. Results of the most recent two sampling events meet the requirements set forth in the approved sampling plan, and the District is waiting for direction from the Florida Department of Environmental Protection on the status of the Consent Order. The Consent Order also requires several other improvements to the System to enhance capacity and reliability. The following requirements of the Consent Order had not been completed as of October 2002 and the County requested that FDEP agree to the following completion date extensions: (1) construction of the NCRWRF flow equalization tanks (March 2004), (2) construction of the NCRWRF expansion to 24.1 mgd capacity (September 2005), (3) construction of the NCRWRF expansion to 30.6 mgd capacity (January 2016), (4) construction of the Palm Drive force main (June 2003), (5) the Infiltration and Inflow Study for the South Service Area (December 2006) and (6) construction of the SCRWRF expansion to 16 mgd capacity (January 2005 or 33 months after issuance of permits). Water Rates and Charges Water user fees are based upon metered w:~te~- consumption. The current rate structure. which was updated in February 2003, includes a service availability and a volumetric or commodity charge for both water and sewer services. The water rate structure incorporates an inverted block rate mechanism in the volumetric charge. As water use increases, the cost per thousand gallons increases, with the concept being to encourage conservation. [Due to water supply issues in the South Florida area, SF'WMD has required conservation techniques to be employed, including conservation rate structures such as the one implemented by the District.] A summary of the current and future water rates, as approved by the Board in Resolution No. 2003-94, which amended Appendix A to Ordinance No. 2001-73, are as follows on the next page: [Remainder of page intentionally left blank] 29 SUMMARY OF EXISTING/MND FUTURE WATER RATES Water Service Availability Charges (Residential, Multi-Family, Commercial, and Irrigation Only) Meter Size Futurem Effective Effective Existing October 1, 2003 October 1, 2004 5/8" $12.00 $12.30 $12.60 3/4" 12.00 12.30 12.60 1" 26.40 27.10 27.80 1-1/4" 33.60 34.40 35.20 1-1/2" 50.40 51.70 53.00 2" 79.20 81.20 83.20 3" 146.40 150.10 153.80 4" 242.40 248.50 254.60 6" 482.40 494.50 506.60 8" 770.40 789.70 809.00 10" 1,394.40 1,429.30 1,464.20 12" 1,883.40 1,930.50 1,977.60 Volume Charge Per 1,000 Gallons (Residential, Multi Family, Commercial, and Irrigation Only) Futurem Effective Effective Existing October 1, 2003 October 1, 2004 Block 1 $1.44 $1.48 $1.54 Block 2 1.80 2.10 2.20 Block 3 2.40 2.70 2.90 Block 4 3.05 3.40 3.70 Block 5 3.65 4.10 4.50 Block 6 4.45 4.90 5.50 Meter Size Block Rate Structure (Residential, Multi-Family, Commercial, and Irrigation Only) Consumption Block (Based on number of Gallons) - Up to or Next Block 1 Block 2 Block 3 Block 4 Block 5 Block 6 5/8" 3/4" 1-1/4" 1-1/2" 2" 3" 4" 6" 8" 10" 12" 5,000 10,000 20,000 30,000 50,000 Over 50,000 5,000 10,000 20,000 30,000 50,000 Over 50,000 12,000 25,000 50,000 75,000 120,000 Over 120,000 20,000 40,000 80,000 120,000 200,000 Over 200,000 25,000 50,000 100,000 150,000 250,000 Over 250,000 40,000 80,000 160,000 240,000 400,000 Ore' 400,000 80,000 160,000 320,000 480,000 800,000 Over 800,000 120,000 250,000 500,000 800,000 1,200,000 Over 1,200,000 250,000 500,000 1,000,000 1,500,000 2,500,000 Over 2,500,000 450,000 900,000 1,800,000 2,700,000 4,500,000 Over 4,500,000 700,000 1,450,000 2.900,000 4,300,000 7,000,000 Over 7,000,000 1,075,000 2,150,000 4,300,000 6,450,000 11,000,000 Over 11,000,000 (1) Future rates to become effective with year indicated. Source: Collier County Water Sewer District. service rendered on and after October ].st of each fiscal Sewer Rates and Charges The current sewer rates include: (i) a fiat or constant service availability or readiness-to- serve charge which varies by meter size for all classes of customers; (ii) for individually metered residential customers of the sewer system, a billing threshold of 15,000 gallons per month per account; and (iii) for the remaining customer classes of the sewer system, a constant volumetric flow charge based on one hundred percent (100%) of the metered water consumption to such account. A summary of the current and future sewer rates, as approved by the Board in Resolution No. 2003-94, which amended Appendix A to Ordinance No. 2001-73, are as follows: SUMMARY OF EXISTING AND FUTURE SEWER RATES Sewer Service Availability Charges (Residential. Multi-Family, and Commercial) Futurem Effective Effective Meter Size Existing October 1, 2003 October 1, 2004 5/8" $18.00 $18.50 $19.00 3/4" 18.00 18.50 19.00 1' 40.95 42.10 43.20 1-1/4" 52.45 53.90 55.40 1~1/2' 79.20 81.40 83.60 2" 125.10 128.60 132.10 3" 232.20 238.70 245.20 4" 385.20 395.90 406.60 6" 767.70 789.00 810.30 8" 1.226.70 1,260.80 1.294.90 10" 2,199.40 2.260.50 2,321.60 12" 3,259.90 3,350.50 3,441.00 Volume Charge Per 1.000 Gallons (Residential, Multi Family, and Commercial) Future(2* Effective Effective Existing October 1, 2003 October 1, 2004 All Usagem $2.22 $2.44 $2.68 (1) Future rates to become effective with service rendered on and after October Ist of each fiscal year indicated. (2) Monthly individually metered residential usage charges are capped at 15,000 gallons. Source: Collier County Water Sewer District. [Remainder of page intentionally left blank] 31 J~.k Reuse Irrigation Rates and Charges In addition to the water and sewer rates for monthly service, the District also provides reuse irrigation water to a variety of users. Such users include single-family residential customers, commercial and multifami]y common areas, and golf courses. The District currently estimates that approximately 76% of the treated effluent from the District's sewer treatment facilities is used to provide irrigation service. A summary of the reuse irrigation rates, as approved by the Collier County Board of County Commissioners in Ordinance No. 01-73, which amended Ordinance No. 97-48, are as follows: SUMMARY OF EXISTING REUSE IRRIGATION RATES Reuse Irrigation Rates (effective April 1, 2002) (a) Service Availability Charge: Individually Metered Residential and Non-residential: 5/8 and 3/4 inch 1 inch 1 1/2 inch 2 inch 3 inch 4 inch 6 inch 8 inch 10 inch 12 inch Monthly User Fee 4.35 per month 10.90 per month 21.75 per month 43.50 per month 87.00 per month 174.00 per month 330.00 per month 600.00 per month 960.00 per month 1.430.00 per month Volume Charge Per 1,000 Gallon~: (i) Pressurized and distributed $0.65 (ii) Pressurized $0.34 (iii) Bulk $0.26 Rate Comparison The following table provides comparison of the rates of other neighboring Florida utilities as of the billing month of April 2003. The monthly bills for the various Florida utilities used for the comparison are exclusive of local taxes. Additionally, for municipally owned utility systems, such utilities may apply to customers located outside the corporate limits of such municipality a surcharge up to 50% when compared to the rates for service to customers located within the corporate limits as allowed pursuant to Section 180.191, Florida Statutes. The 5/8 x 3/4 inch meter or smaller comparison was used since it represents the majority of the System's water and sewer residential customers and the majority of the customers for the other utilities reflected in the comparisons. As can be seen in the comparisons, the rates charged by the District produce bills that are competitive with the bills charged for similar service by other neighboring utilities. Approximately 68% of the standard residential customers (service through a 5/8-inch or 3/4-inch meter) of the District use approximately 8,000 gallons or less of monthly water and sewer service. A comparison of water and sewer rates at the monthly consumption level of 8,000 gallons (the average District residential user) between the District and the utilities surveyed is shown on the following page. [Remainder of page intentionally left blank] 32 COMPARISON OF CHARGES FOR MONTHLY UTILITY SERVICES WITH VARIOUS OTHER UTILITIES (Based on Usage of 8,000 Gallons) Water Fee Sewer Fee Combined Fee Collier County Water-Sewer District Existing Rates Rates - Fiscal Year 2004 Rates - Fiscal Year 2005 $24.60 $35.76 $60.36 26.00 38.02 64.02 26.90 40.44 67.34 Other Florida Utilities City of Boca Raton $12.26 $10.92 Bonita Springs Utilities, Inc. 29.23 36.64 City of Bradenton 25.80 32.33 Charlotte County(I) 44.70 44.03 Englewood Water District 25.60 40.03 FGUA - Golden Gate (Collier County) 48.84 51.14 FL Water Services-Lehigh-Lee County 39.70 50.61 FL Water Services-Marco Island-Collier County 43.?8 39.07 City of Fort Myers 27.59 53.56 Hillsborough County(l) 3-1.50 45.55 Lee County 27.57 42.87 Manatee County 13.76 33.94 City of Naples 12.84 28.24 City of North Port 31.96 54.54 Orange County 14.09 39.32 Pinellas County 20.32 36.04 City of Punta Gorda 33.41 30.38 City of Sarasota 27.26 42.72 Sarasota County(I) 31.36 63.98 $23.18 65.87 58.13 88.73 65.63 99.98 90.31 82.85 85.15 80.05 70.44 47.70 41.07 86.50 53.41 56.36 63.79 69.98 95.34 Other Florida Utilities' Average $28.66 .$40.84 $69.50 (1) Utility involved in a rate study, or is planning one within the first six months of 2003. Source: Prepared by Public Resources Management Group, Inc. (the "Feasibility Consultant"). System Development Fees System Development Fees (generally referred to as impact fees) are intended to recover from new users of the System a portion of the costs associated with the expansion of the water and sewer systems (treatment and transmission facilities). Impact fees are assessed on the basis of the customer's meter size or, for some residential applications, a fee based on living area square footage. These fees are paid for each new connection at the time the building permit is issued. System Development Fees are based upon an equitable and proportionate share of the cost for: (i) water production and transmission facilities; and (ii) sewer transmission, treatment and effluent disposal capacity of the System. The purposes of the System Development Fees are for paying or reimbursing the equitable share of the capital costs relating to the construction, expansion, or equipping of excess or unused capacity of the System in order to serve new users. If an existing customer requests an increase in water or sewer capacity due to increased development, additional System Development Fees will be collected prior to the development consistent with the net increase in demand. 33 Ordinance No. 2001-73, which was enacted by the Board on December 11, 2001 and subsequently [supplemented] by Resolution No. 2003-93 adopted by the Board on , 2003 (the "Impact Fee Ordinance"), established the District's current System Development Fees. Such System Development Fees for an equivalent single family residential connection (ERC) served by the System pursuant to the Impact Fee Ordinance are summarized as follows: CURRENT SYSTEM DEVELOPMENT FEES Rate Per ERC(1) Other Florida Utilit~ Water Impact Fee $2,570 $1.764 Sewer Impact Fee 2,950 2,153 (1) Derived from Impact Fee Ordinance; reflects fee for standard individually-metered residential unit (3/4 inch meter service which equates to 1 ERC). Source: Collier County Water Sewer District, Florida. The amount of System Development Fees collected vary based upon growth. Under Florida law, impact fees, such as the System Development Fees, may only be expended to cover the costs of expansion of the system necessary to service new customers. See "SECURITY FOR THE BONDS--General" herein for more information relating to System Development Fees. Pursuant to County ordinance~ System Development Fees may be financed over a seven year period for existing structures required to connect the System at an interest rate promulgated by the District's Board. The current interest rate is __%. The property owner is required to pay monthly installments as a part of his water and sewer bill. Miscellaneous Service Charges The Board has also adopted a schedule of fees and charges which are applicable to miscellaneous or customer requested services which are effective for the System. The fees generally are imposed to recover the cost of specific services such as water and sewer taps and utility turn-on fees. The District does not require customer deposits since the District has the ability to place a statutory lien on each customer's property and can discontinue service to the extent of nonpayment. The District indicates that the level of uncollectibles for providing service is immaterial. The following is a summary of the miscellaneous service fees and charges that have been adopted by the District and are currently applicable to the customers of the System. [Remainder of page intentionally left blank] 34 Water Meter Installation and Service Connect Charges The Board has adopted a fee for the installation of a water meter as requested by a customer for the initiation of water service. The fees reflect the cost of a meter installation and the service connection (i.e., the connection or tap to the water main). The installation fees for the District are summarized as follows: Meter Size (inches) Meter Installation Charge Without Service Line Installation Meter Installation Charge With Tap-In Charge 3/4" $218.00 $562.00 1" 246.00 602.00 1-1/2" 449.00 809.00 2" 494.00 851.00 All meter sizes above 3" Actual Cost Actual Cost Other Miscellaneous Service Charges In addition to the above referenced charges, the District also has several other charges which are applicable to miscellaneous or customer requested services. A summary of other miscellaneous charges imposed by the Board for services within the District. which are common in the utility industry, include the following: Miscellaneous Fees for Serx.ices Amount New Accounts - Change of Ownership Turn-off/Turn-on at Owner's Request .Meter Re-read Meter Test Meter Lock Meter Unlock 2nd and Subsequent Events Unlock After Hours Meter Removal Illegal Connection Credit Card Handling Charge Temporary Meter Deposit Duplicate Bill Processing Fee Non-Sufficient Funds (NSF) Processing Charge Late Payment Charge $20.00 $3O.OO $3O.OO $75.0O $50.O0 $30.00 $100.00 $100.00 Actual Time and Material Cost Plus Average Consumption Charge Plus $300.00 Fine $5.OO $1.000.00 $1.00 15% of the amount or $100.00 Whichever is smaller 5% of unpaid balance [Remainder of page intentionally left blank] 35 Customer ~Rank_ 1 2 3 4 5 6 7 8 9 10 Ten Largest Customers of System In order to provide additional information regarding the System's existing customer base, below is a summary of certain statistical information of the ten largest customers in the fiscal year ended September 30, 2002 on the basis of revenue billed based on information compiled by the District. As shown in the following table, the ten largest customers account for less than 3% of the System's total water and sewer revenue. Customer Name Consumption Percent of Percent of Total Thousand~ Total Water Sewer Sewer of Gallons Water Revenue Revenue Revenue Revenue Ritz-Carlton Hotels 84,938 Registry Resort 43,393 Pelican Lake LTD 29,737 Saxon Manor Isles LTD 25,896 Nichols, Jr., H.R. 19,270 Host Marriott Corp- 17,224 Vanderbilt Inn on the Gulf 13,768 Cleveland Clinic/Florida 13,068 Imperial Wilderness, Inc. 11,494 Collier County School Board 10,461 Ten Largest Customers 269.249 $247,654.70 1.12% $178,366.60 0.710,/0 100,951.60 0.46 36,349.92 0.15 76,483.57 0.34 62,907.98 0.25 72,638.34 0.33 51,616.12 0.21 55,334.50 0.25 40,619.74 0.16 47,507.05 0.21 30,636.84 0.12 33,684.35 0.15 32,737.74 0.13 27,723.30 0.12 34,075.96 0.14 23,514.09 0.11 33,231.26 0.13 23,545.45 0.11 26,590.36 0.11 $709,036.95 3.20% $527,132.52 2.11% District Totals ' 7.391,325 $22,181.016.00 100.00% $24,984,710.00 100.00% Comprehensive Plan In 1985, the Florida Le~slature enacted the Local Government Comprehensive Planning and Land Development Regulation Act (the "Planning Act"). The Planning Act required all local governments to develop comprehensive plans designed to plan for and control the impact of growth. As applied to the County, the local plan includes the following elements: (1) future land use; (2) transportation; (3) utilities; (4) economic development; (5) housing; (6) historic preservation; (7) conservation; (8) recreation and open space; (9) intergovernmental coordination; and (10) capital improvements. All local plans must be £undable, implementable and consistent with state and re~onal plans. They must discuss existing facilities, adopt levels of service to be provided and project future demands. The plans have the force of law (mandated by state statute and adopted by local ordinance), and are implemented through local development regulations, local activities and programs and intergovernmental agreements. The County adopted its current Comprehensive Plan (the "Plan") on [January 10, 1989], and the Plan became effective as of that date. The Plan was approved by the Department of Community Affairs of the State. The Plan is updated and amended annually through the Comprehensive Plan Amendment Process. The Plan provides that the County is prohibited from ;ssuing permits for new construction or development, residential or commercial, until the County determines that all necessary infrastructure including utilities are available at the appropriate levels of service concurrent with the construction and the County determines that the development of facilities is consistent with all elements of the Plan. Consequently, the County is required to more accurately project future needs and related capital improvements to ensure maintenance of standards set forth m the Plan. The County is permitted to amend the Plan twice a year a~ter conducting a public hearing and subject to approval by the Department of Community Affairs. [The System is and will continue to be in compliance with the adopted levels of service in the Plan. Therefore, the County does not anticipate that future development will be impeded.] 36 Capital Improvement Plan and Funding Sources The District has planned several improvements and expansions to the System to meet current District service area needs and to provide additional water and wastewater treatment capacity to meet System growth. As summarized below, the County has identified over $458 million in capital expenditures for the five year period ending September 30, 2007. Based on the District's five-year capita] improvement plan, the following is a summary of the capital expenditures anticipated for the' System and the expected funding sources relative to such program: FY 2003 FY 2004 FY 2005 FY 2006 FY 2007 Totals Capital Expenditures Total Water $36,955,246 $72,518.917 $41,440,268 $20,491,726 $16,629,844 $188 036.001 Total Sewer 92,826,197 . 65,263,701 39,890,691_ 35,953,637 36,280,640 270,214,866 Total System $129:781:443 $137 782 61__.__...._.__8 $81.330.95~ $56.445:362 $52:910~4~ $458;250,866 Funding Sources Water System Proceeds of Debt Water System Development Fees Water Capital Account Annual Rate Revenue Outside Agency Grants Total Water System Sewer System Proceeds of Debt Sewer System Development Fees Sewer Capital Account Annual Rate Revenue Total Sewer System $30.981,643 $53,143,233 $33,016,533 $6,955,000 $4,277,000 $128,373,409 641,400 12,756.120 5,430.100 10,205,000 8,357.700 37,390,320 4.833.800 5.978,700 2,470.000 2.795,000 3.445,000 19.522.500 498,403 510.863 523.635 536.726 550,144 2.619,771 0 130.000 0 0 0 130.000 36.955.246 72.518.917 41,440,268 20.491,726 16,629,844 188.036.001 78.489.000 49.067.122 21,185.570 22,900.800 21,658.000 193.300.492 5,262.000 7.004,400 12.662,000 7,246.200 10,273.900 42.448,500 8.149.900 8.242.000 5,005,000 4,810,000 3,328,000 29,534,900 925,297 950.179 1.038,121 996,636 1 020,740 4,930.973 92,826.197 65.263,701 $39,890.691 35,953.637 36.280,640 270.214,866 Total System $_129,~44 3 Source: Collier County Water Sewer District. $!37~_=82,6L8 $81,33D~ $5~.,_445,~3~2 $_52,gA0,48A [Remainder of page intentionally left blank] 37 HISTORICAL REVENUES, F_2CPENSES AND DEBT SERVICE COVERAGE The following table shows historical revenues, expenses and debt service coverage of the District for the fiscal years ended September 30, 1998 through and including 2002. Operating Revenues: Water Revenue Sewer Revenue Meter Tapping Charge Miscellaneous Revenue® Total Operating Revenue Non-Operating Revenue® Gross Revenue 1998 1999 2000 2001 2002 $17,636,091 $18,848,537 $20,076,341 $20,048,675 $22,116,856 20,072,617 22,413,035 23,323,499 22,715,623 24,992,320 514,425 665,888 660,362 813,472 935,376 768.592 1,373,675 1,884,483 2,356,477 2,099,041 $38,991,725 $43,301,135 $45,944,685 $45,934,247 $50,143,593 4,796,86~ 4,648,146 7,347,937 11,891,936 7,828,283 $43,788,591 $47,949,281 $53,292,622 $57,826,183 $57,971,876 Less: Operation and Maintenance Expense (excluding Depreciation) $18,806,220 $20,159,086 $22,414,713 $27,169,248 $31,529.529 Net Revenue Available for Debt Service Total Debt Service ~ $27.790.19~5 $10,417,920 $9,493,724 $30:877:909 $30:656:935 $10,413,700 $11,242,888 $12.540.954 Net Revenue Debt Service Coverage 240% 293% 297% 273% 211% Other Pledged Funds: System Development Fees(4) Special Assessment Revenues® $11,638,601 0 $15,912,531 $18,167,685 $16,696,265 $21,751,150 0 0 0 0 Total Pledged Funds Available for Debt Service® $3__6.620.97~2 ~ $_4 9~0~..5~ $47. .~5_3_~0~ $_4~:~.~2'7 Pledged Funds Debt Service Coverage~4~ 351% 460% 471% 421% 384% (1) Da~a provided by Public Utilities Division. (2) Miscellaneous revenue includes fill and flush fees, administrative fees, reuse irrigation revenue, repaid and reinstallation fees, etc. (3) Non-operating revenue includes interest from investments of reserve accounts. (4) Includes all System Development Fees, only a portion of which are legally available to pay debt service on the Bonds under Florida law. See "SECURITY FOR THE BONDS - General" herein. Generally, under Flox da law, impact fees such as the System Development Fees may be validly imposed against new construction or development in order to fund capital improvements or capacity which are necessitated by such new construction or development to satisfy debt service for bonds or other obligations issued for such purposes. Proceeds of such System Development Fees may generally be used only for the capital improvements or capacity attributable to the new construction or development or to pay debt service or indebtedness incurred to finance or refinance such capital improvements or capacity. (5) At the present time, the District has not designated any Special Assessments to be a part of the Pledged Funds relating to the Bonds. Source: Collier County Public Utilities Division. -- / ~ 38 PROJECTED OPERATING RESULTS General Public Resources Management Group, Inc., as the District's Feasibility Consultant (the "Feasibility Consultant"), has prepared the Financial Feasibility Report For Collier County Water- Sewer District Taxable Water and Sewer Refunding Revenue Bonds, Series 2003A and Water and Sewer Refunding Revenue Bonds, Series 2003B (the "Report"), which is attached hereto as "APPENDIX H - Feasibility Consultant's Report." The Report includes projections of the operating results of the System for the five fiscal years ending September 30, 2007. The projections were based on: (i) the adopted budget for the fiscal year ending September 30, 2003 for the System as provided by District staff: (ii) actual unaudited results for the fiscal year ended September 30, 2002 as reported by the County for the District; (iii) year-to-date unaudited operating results for the fiscal year ended September 30, 2003 as reported by the County for the Distrfict; (iv) discussions with District staff and its consultants regarding current and future utility needs associated with System expansion and capital improvements to the System; and (v) other information provided by the District and its consultants. Presented below are the financial projections for the System. The table includes projections of revenue, operation and maintenance expenses, and debt service requirements. Projected revenue includes those from wholesale and retail rate revenue (water and sewer sales), interest earnings on available funds, and other miscellaneous revenue derived from operations. The projected rate revenue has been forecasted based on anticipated rate revenue based on the current and future rates referenced herein, as well 'as the assumptions referenced below or in the Report regarding growth. revenues, regulatory issues, and environmental issues. Debt service coverage projections are subject to change based upon the actual terms of the sale of the Series 2003 Bonds. Projections have been prepared of the operating results of the System in accordance of the flow of funds prescribed in the Resolution and the assumptions and considerations used in the projections as hereinafter described. [Remainder of page intentionally left blank] 39 Projected Revenues, Expenses and Debt Service Coverage The following table shows projected revenues, expenses and debt service coverage of the District for the fiscal years ended September 30, 2003 through and including 2007. PROJECTED REVENUES, EXPENSES AND DEBT SERVICE COVERAGE Operating Revenues: Total Sales RevenuesU) Miscellaneous Revenue(2) 2003 2004 2005 2006 2007 $55,605,861 $61,983,013 $68,916,793 $76,113,959 $83,842,663 2,781,200 2,940,342 2,972,239 3,006,526 3,042,460 Total Operating Revenue Non-Operating Revenue(3) Gross Revenue $58,387,061 $64,923,355 $71,889,032 704,412 679,685 682,520 $59,091,473 $65,603,040 $72,571,553 $79,120,485 $86,885,123 666,776 632,245 $79,787,261 $87,517,367 Less: Operation and Maintenance Expense (exclude Depreciation)(4)$39,258,499 $41,810,091 $44,108,706 $47,313,380 $50,022,333 Net Revenue Available for Debt Service $19~832:974 $23~792.948 $28,462,847 $32~4~3.881 $37:495:0~ Debt Service on Bonds ' $7,301,057 Net Revenue Debt Service Coverage (100% Required) 272% $8.962.127 $13,970,493 $19,798.920 $25,066,368 265% 204% 164% 150% Other Pledged Funds: System Development Fees~) Special Assessment Revenues(~' $17,148,347 $16,920,721 $16,610,038 $16,655,773 $16,777,986 0 0 0 0 0 Total Pledged Funds Available for Debt Service $36:981_,32~1_ $40:713,66~ $45.072~885 $49,1~9:6~4 $54,273,020 Debt Service on Bonds $7,301,057 Pledged Funds Debt Service Coverage (125% required) 507% $8,962,127 $13,970493 $19,798,920 $25,066,368 454% 323% 248% 217% Net Revenues Available for Debt ,) ,. Service After Payment of Bonds $12.531.91~7 $14.830.82~1 ~ ~ ~ Debt Service on Subordinated Indebtedness $3,385,716 $3,268,778 $7,258,598 $7,258,598 $8,712,783 Calculated Coverage Other Required Transfers(~) 370% 454% 200% 175% 143% Amount Available for System Purposes $5.416.363 $3:715=883 Footnotes on next page. 40 (1) Amounts shown include additional rate revenues derived from the application of the adopted and assumed rate adjustments. (2) Miscellaneous revenues include meter tapping charges, customer service fees, reuse irrigation revenues and other similar charges. (3) Amounts shown represent interest income on funds that are deposited in the Revenue Fund or Interest Account pursuant to the Resolution. (4) Amounts shown do not include depreciation or amortization expenses. (5) Includes all System Development Fees, only a portion of which are legally available to pay debt service on the Bonds under Florida law. See "SECURITY FOR THE BONDS - General" herein. Generally, under Florida law, impact fees such as the System Development Fees may be validly imposed against new construction or development in order to fund capital improvements or capacity which are necessitated by such new construction or development to satisf.v debt service for bonds or other obligations issued for such purposes. Proceeds of such System Development Fees may generally be used only for the capital improvements or capacity attributable to the new construction or development or to pay debt service or indebtedness incurred to finance or refinance such capital improvements or capacity. (6) At the present time, the District has not designated any Special Assessments to be a part of Pledged Funds relating to the Bonds. (7) Other required transfers as defined in the Bond Resolution include the funding of the Debt Service Reserve Fund and the Renewal and Replacement Fund in an amount equivalent to the requirements as defined. No deposits to such Funds are required from the Net Revenues of the System during the forecast period based on the assumptions used in the preparation of such forecast (i.e., amounts are fully funded). The projections in the table above present c~lcul~tions of debt service coverage and the financial results of operations on a working c~apita] bas~s for the five fiscal years ending September 30, 2007 (the "Forecast Period") for the System. Such forecast was prepared based upon data and information provided by the District. Such projections have been prepared by man~?ment based upon assumptions concerning future events and circumstances and management's most likely courses of action during the Forecast Period, and reflects management's best estimate of the financial results of operations during the such period. The Feasibility Consultant believes that the projections and their underlying assumptions are reasonable. In the preparation of the Report, as it relates to the financial projections contained therein and summarized above, certain assumptions were made by the District with respect to conditions, which may occur in the future. While the Feasibility Consultant believes that the assumptions used bv the District in the development of the financial projections are reasonable for the purposes of the l~eport, they are dependent upon future events and conditions, which may differ from what was assumed. To the extent that actual conditions differ from those assumed by the District or from assumptions developed by others on behalf of the District, the actual results will vary from those estimated and presented herein and therein. For a detailed listing of all of the considerations and as umption used by the Feasibility Consultant, see "APPENDIX H - Feasibility Consultant's Report." A summary of the principal considerations and assumptions used by the Feasibility Consultant includes but is not limited to the following: 1. Projected revenues from current rates and charges for the County's water and wastewater systems have been based on the schedule of rates and charges currently in effect and as adopted by the Board to go into effect during the Forecast Period. In Resolution No. 03-94, the Board approved two rate adjustments for both the Water System and Sewer System to become effective on 41 October 1, 2003 and October 1, 2004, respectively. For the Water System each of the two rate adjustments will be equal to 5.75%. For the Sewer System each of the two rate adjustments will be 6.5%. The independent revenue projections in the Report recognize an overall increase in utility rate revenues due primarily to the implementation of the two rate adjustments described above, which already have been approved by the Board 2. The independent revenue projections in the Report also recognize an overall increase in utility rate revenues due the implementation of the three rate adjustments for both the Water System and Sewer System to become effective on October 1, 2005, October 1, 2006, and October 1, 2007, which have not yet been approved ~)y the Board. For the Water System, the October 1, 2005 rate increase is assumed to be 5.75% and the two rate adjustments on October 1, 2006 and October 1, 2007 are assumed to be 5.25% each. For the Sewer System, the October 1, 2005 rate increase is assumed to be 6.50% and the two rate adjustments on October 1, 2006 and October 1, 2007 are assumed to be 6.25% each. The can be no assurance that the Board will approve such future rate increases. [3. The independent revenue projections in the Report also recognize an overall increase in utility rate revenues due primarily to anticipated growth of the System by at least approximately % per year and anticipated growth of usage and sales of less than approximately __% per year.] 4. Also included, as a revenue requirement funded from rate revenues, is an operating transfer to the County's General Fund associated with a payment-in-lieu-of-property assessment tax. Based on discussions with'the County, this revenue requirement would be equivalent to the receipt of funds from the application of a property tax assuming the System were operated as a private utility. 5. As of October 1, 2002, the System had outstanding $115,566.676 total principal amount of debt, including the Refunded Bonds, the Prior District Bonds, and all Subordinated Indebtedness. 6. For the forecast period reflected in the Report, the development of the revenue requirements includes continued funding or set aside of monies in a capital account to meet these ongoing capital expenditure requirements and to maintain reserves. The Report assumes that approximately $50 million of growth anticipated in the five year capital improvement plan wilt be funded from the combined Water and Sewer Capital Accounts. See "THE SYSTEM - Capital Improvement Plan and Funding Sources" herein. 7. For the forecast period reflected in the Report, the Report assumes that approximately $80 million of growth anticipated in the five year capital improvement plan will be funded from combined Water and Sewer System Development Fees. See "THE SYSTEM - Capital Improvement Plan and Funding Sources" herein. 8. Finally, for the forecast period reflected in the Report, the Report assumes that approximately $ million of growth anticipated in the five year capital impro ement plan will be funded by the issuance of additional debt (both Additional Bonds and Subordinated Indebtedness). Such anticipated Additional Bonds include a Series 2005 issue of approximately $157 million, a Series 2007 issue of approximately $65 million, and a Series 2009 issue of approximately $8 million. Such anticipated Subordinate Indebtedness includes an SRF Loan issued in 2003 of approximately $54 million, an SRF Loan issued in 2004 of approximately $20 million, and an SRF Loan issued in 2005 of approximately $18 million. Such estimated amounts of Additional Bonds and Subordinated Indebtedness are likely to be adjusted based on the use of interim financing (such as commercial paper) and based on the timing of completion of the projects that comprise the five year capital 42 improvement plan and other factors. The District plans to update its capital improvement program and corresponding funding analysis annually to evaluate the timing of such additional debt issues as a result ef changes in growth, levels of service, and other factors. See "APPENDIX H - Feasibility Consultant's Report" attached hereto and "THE SYSTEM - Capital Improvement Plan and Funding Sources" and "RISK FACTORS" herein. See "APPENDIX H - Feasibility Consultant's Report" attached hereto for a description of all of the principal considerations and assumptions used by the Feasibility Consultant regarding projected operating results, which such considerations and assumptions should be read in their entirety. Conclusions of the Feasibility Consultant Based upon the principal considerations and assumptions and the results of their studies and analyses, as summarized in "APPENDIX H - Feasibility Consultant's Report" attached hereto which should be read in its entirety in conjunction with the follo~ving, the Feasibility Consultant is of the opinion that: 1. The projected growth in customers and usage of the water and sewer systems and the projected operating expenses represent reasonable projections of the purposes of the Report. 2. The System revenue for the fiscal years ending September 30, 2003 through and including 2007 under the District approved rates and charges, plus projected additional annual rate revenue, should be sufficient to pay all projected expenses, pay the estimated debt service on the outstanding Bonds and Additional Bonds and the existing and anticipated Subordinated Indebtedness coming due in such years, make the projected deposits necessary to maintain the Renewal and Replacement Fund Requirement which is available for additions, extensions, and improvements to the System. and meet the rate covenants of the Resolution and of the SRF Loans [and other] Subordinated Indebtedness. 3. The approved rates for water and wastewater service are reasonable and comparable to charges for similar service provided by other utilities. 4. The System Development Fees are reasonable and generally higher than the fees charged by neighboring utilities. 5. The projected debt service coverage of the System as presented in the report should be in compliance with the rate covenant contained in the Resolution and the rate covenants of the SRF Loans [and other] Subordinated Indebtedness. 6. Although no assurances can be given that the anticipated rate increases assumed in the Report will be adopted by the Board, it is anticipated by the District that rates will need to be adjusted in the future or that expenditure adjustments will be made. To the extent that the rate adjustments are not made or are delayed from what is assumed in the District issues the Additional Bonds and incurs additional Subordinated Indebtedness as assumed, it is anticipated based )n the assumptions developed by the District that the Net Revenues and legally available System Development Fees may not be sufficient to meet the rate covenant described in the Resolution. 43 RISK FACTORS The future financial condition of the System could be affected adversely by, among other things, legislation, environmental and other regulatory actions as set forth above, changes in demand for services, economic conditions, demographic changes, and litigation. In addition to those items listed in the preceding sentence, some of the possible changes in the future may include, but not be limited to, the following: 1. The County's water and sewer facilities are subject to regulation and control by numerous federal and state governmental agencies. Neither the District nor its consultants can predict future policies such agencies may adopt. Future changes could result in the District having to discontinue operations at certain facilities or to make significant capital expenditures and could generate substantial litigation. 2. Estimates of revenues and expenses contained in this Official Statement and the realization of such estimates, are subject to, among other things, future economic and other conditions which are unpredictable and which may adversely affect such revenues and expenses, and in turn, the payment of the Series 2003 Bonds. 3. While the District expects to complete the five year capital improvement plan on time and within budget, no assurance can be given to potential investors that the District will in fact be able to meet such expectations. The timing and costs of completing the five year capital improvement plan are subj. ect to amendment from year to year, provided, however, the District fully intends to maintain its compliance ~4th the Consent Order. See "THE SYSTEM - Comprehensive Consent Order" and "THE SYSTEM - Capital Improvement Plan and Funding Sources" herein. INVESTMENT POLICY The moneys held in the funds and accounts under the Resolution may only be invested in Authorized Investments. The investment of surplus funds is currently governed by the provisions of the County's Ordinance No. 87-65 and Resolution No. 95-552 which authorize investments for surplus public funds in the permitted investments described in Section 2 ! 8.4 ! 5, Florida Statutes. Pursuant to Resolution No. 95-552, the Clerk of the Circuit Court (the "Clerk") has established a written investment policy for the such surplus funds. The investment policy establishes guidelines as to the type, maturity, composition and risk relating to the District's investment portfolio. Permitted investments pursuant to such investment policy include the following: 1. Florida Local Government Surplus Trust Fund (State Board of Administration ("SBA")); 2. US Government Securities - Direct Obligations; 3. US Federal Agencies - Backed by Full Faith and Credit of US Government', 4. US Federal Instrumentalities - US Federal Agency Securities Not Backed by Full Faith and Credit of US Government, except for Student Loan Marketing Association; 5. Certificates of Deposit - Collateralized with US Government Securities or Federal Agencies: 6. Repurchase Agreements; 7. Fixed Income Mutual Funds - Collateralized with US Government Securities or Federal Agencies; 8. Domestic Bankers Acceptances - Rated "AA" or higher, and inventory based; 44 10. 11. 12. 13. Prime Commercial Paper - Rated 'A-I" and 'P-l,' and backed by a letter of credit rated "AA" or higher; Tax-Exempt Obligations Rated "AA" or higher and issued by state or local governments; Now Account - Fully collateralized in accordance with Chapter 280, Florida Statutes (limited to Depository Bank/Concentration Bank); Variable Rate Securities only if the rate is a straight floating rate that is set in a direct, as opposed to inverse, relationship to a single index; and Mortgage Securities (CMOs) only if they are: a. Issued by US Federal Agencies or US Federal Instrumentalities, b. Pass the Federal Financial Investment Examination Council (FFIEC) test at time of purchase, and c. Have an average life of five (5) years or less and have an absolute final maturity of no more than fifteen (15) years at zero PSA. The term "zero PSA" means that all interest and principal payments are guaranteed to be made by the stated final maturity assuming no prepayments. Specifically prohibited investments include the following: Interest only strips of mortgaged backed securities; Leveraged bonds; Structured notes or financings other than mortgage securities that meet the provisions of the investment policy (permit callable and step up coupons); Variable rate securities that set a rate based on an inverse relationship to an index; and Variable rate debt that sets a ra~e based on more than a single index. The County continues to hold various U.S. Government agency securities, including Federal Home Loan Mortgage Corporation and Federal National Mortgage Association collateralized mortgage obligations that were purchased m 1993. At September 30, 2002, the fair market value of these investments was approximately $267.000. which is 3% below cost. The objective of the investment policy is to match investment cash floxv and maturity with known cash needs and anticipated cash flow requirements (i.e., match assets to liabilities) to the extent possible. Investment of funds shah have final maturities of not more than five (5) years, except for: 2. 3. 4. 5. 6. SBA- no stated final maturity: Certificates of Deposit - I Year: Repurchase Agreements - 90 Days; Bankers Acceptances - 120 Days: Prime Commercial Paper - 120 Days; Fixed Income Mutual Funds - no stated final maturity. However, underlying US Government Securities and Federal Agencies have average maturity of I year; Mortgage Securities - average life of 5 years or less and have an absolute final maturity of no more than 15 years at zero PSA; and US Government Securities and Federal Agencies deposited into an escrow account in connection with the refunding of a County bond issue can have a final maturity of more than 5 years. Mortgage securities shall not be used to match liabilities that are reasonably definable as to amount and disbursement date. Mortgage securities can only be used to invest funds associated with reserves or liabilities that are not associated with a specifically identified cash flow schedule. Mortgage securities can be used to prudently enhance the return on the portfolio. Any and all exceptions to the investment policy require a vote of the majority of Board. Furthermore, the Board may revise the aforementioned investment policy from time to time. LEGAL MATTERS Certain legal matters in connection with the issuance of the Series 2003 Bonds are subject to an approving legal opinion of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Bond Counsel, whose approving opinions (forms of which are attached hereto as "APPENDIX D - Form of Bond Counsel Opinion Relating to Series 2003A Bonds" and "APPENDIX E - Form of Bond Counsel Opinion Relating to Series 2003B Bonds") will be available at the time of delivery of the Series 2003 Bonds. Certain ]egal matters will be passed upon by Bryant, Miller and Olive, P.A., Tampa, Florida, Disclosure Counsel to the County. Moskowitz, Mandell? Salim & Simowitz, P.A., Fort Lauderdale, Florida, is serving as counsel to the Underwriters. William R. Hough & Co., Naples, Florida is acting as Financial Advisor to the District. It is expected that the Series 2003 Bonds will be available for delivery on or about July 2, 2003. Bond Counsel has not been engaged to, nor has it undertaken to, review (1) the accuracy, completeness or sufficiency of this Official Statement or any other offering material relating to the Series 2003 Bonds; provided, however, that Bond Counsel will render an opinion to the Underwriters of the Series 2003 Bonds' (upon which opinion only the Underwriters may rely) relating to the fairness of the presentation of certain statements contained herein under the heading EXEMPTION - SERIES 2003B BONDS." "TAX CONSEQUENCES OF SERIES 2003A BONDS" and certain statements which summarize provisions of the Resolution, the Series 2003 Bonds, and federal taxx law, and (2) the compliance with any federal or state law with regard to the sale or distribution of the Series 2003 Bonds. LITIGATION Except as described below, there is no pending or, to the knowledge of the District, any threatened litigation against the District or the County of any nature whatsoever which in any way questions or affects the validity of the Series 2003 Bonds, or any proceedings or transactions relating to their issuance, sale, executiom or delivery, or the adoption of the Resolution, or the pledge of the Pledged Funds. Neither the creation, organization or existence, nor the title of the present members of the Board, or other officers of the District or the County is being contested. The County and five individual Board members are defendants in a lawsuit filed on June 21. 2001, by Aquaport, L.C., a Florida limited liability company, Norman C. Burke and James Allen in the United States District Court for the Middle District of Florida in a case styled Aquaport, L.C., et al. v. Collier County, et al., Case No. 2:01-CV-341-FTM-29DNF. The suit seeks both equitable and monetary relief and arises from the County's decision on May 22, 2001 to revoke the site development plan and building permit previously issued to Aquaport, L.C., for a 10 story, 68 unit hotel. The County and the five individual Board members responded to the initial complaint with a motion to dismiss. Thereafter, the plaintiffs filed a first amended complaint asserting claims under 42 U.S.C. § 1983 against the Board members individually and against the County for alleged deprivations of procedural and substantive due process in connection with the revocation of the site development plan and building permit. In addition, Aquaport, L.C., has sued for equitable estoppel, claiming that it had vested rights in the building permit and the right to construct the hotel building in accordance with the previously approved site development plan. Aquaport, L.C., also seeks a declaratory judgment as to whether it is necessary for it to file a petition for certiorari and, in the alternative, relief for a petition for writ of certiorari. Aquaport, L.C., claims that it has damages for a loss of commitment to lease the proposed hotel at a profit of $1,000,000 per year and claims other damages in the form of increased construction costs and additional financing charges and other carrying costs including interest. Although no exact damage amount is set forth in the first amended complaint, it is the County's understanding that Aquaport, L.C., is claiming in excess of $10,000,000 in damages, with most of those damages being based upon alleged lost profits from the alleged commitment to lease the proposed hotel. Finally, Mr. Burke and Mr. Allen are claiming an unspecified amount of emotional distress damages and the plaintiffs axe also claiming attorneys' fees. The County and the plaintiffs filed motions for summary judgment and on February 6, 2003, the federal court granted the County's motion for summary judgment in the Aquaport case, dismissing two of the plaintiffs' counts with prejudice and two other of the plaintiffs' counts (which are issues of State law) without prejudice. The plaintiffs can. therefore, file a complaint regarding certain issues of State law in State court. The plaintiffs have appealed the summary judgment ruling. At this point, the County is unable to predict whether the plaintiffs will ultimately be successful in this action, and if plaintiffs are successful, the County is unable to predict how its potential liability, if any, might effect the financial condition of the County. However, whether or not the plaintiffs are successful, any potential liability is n~t expected to affect the County's ability to pay the principal and interest on the Series 2003 Bonds. The Board has been named as a defendant in a lawsuit filed on January 10, 2003, in the Circuit Court for the Twentieth Circuit, Collier County. The case is styled Century Development of Collier Count),, Inc., et al. v. Jeb Bush, et al., Case No. O:~- l l T-CA-HTH. The suit, which also names the individual members of the State of Florida Administration Commission as defendants, has been brought by Century Development of Collier County, Inc.. Joseph DeFrancesco, Ricardo A. Haylock and Mildred Haylock, Francis D. Hussey, Mary Pat Hussey, and Anne Kornfeld, as class representatives for approximately 400 to 500 persons owning property in that area of the County known as North Belle Meade. The plaintiffs seek monetary relief from the Board for the purported inverse condemnation of property in North Belle Meade that allegedly results from the Board's adoption of an ordinance and comprehensive plan amendments. The plaintiffs contend that the ordinance and comprehensive plan amendments imposed a moratorium on the North Belle Meade properties, the effect of which was a temporary deprivation of all or substantially all beneficial use of such properties, including but not limited to certain mining rights. The plaintiffs did not identify in the Complaint the amount of damages being sought. On February 24, 2003, both the County and the Administration Commission filed motions to dismiss, which motions have not yet been scheduled to be heard. Based upon the allegations as currently pled, the Board has a reasonable likelihood of prevailing. At this time, however, the County is unable to predict whether and how the complaint may be amended and, therefore, is unable to predict whether the plaintiffs will be successful in this action and, if successful, the extent of the Board's ultimate liability. The District and the County experience other claims, litigation, and various legal proceedings which individually are not expected to have a material adverse effect on the operations or financial condition of the District or the County, but may, in the aggregate, have a material impact thereon. In the opinion of the County Attorney, however, except for the litigation described above with the County, the District or the County will either successfully defend such actions or otherwise resolve such matters without any material adverse consequences on the ffmancial condition of the District or the County. 47 DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS Pursuant to. Section 517.051, Florida Statutes, as amended, no person may directly or indirectly offer or sell securities of the County except by an offering circular containing full and fair disclosure of all defaults as to principal or interest on its obligations since December 31, 1975, as provided by rule of the Florida Department of Banking and Finance (the "Department"). Pursuant to Rule 3E-400.003, Florida Administrative Code, the Department has required the disclosure of the amounts and types of defaults, any legal proceedings resulting from sqch defaults, whether a trustee or receiver has been appointed over the assets of the County or the District, and certain additional financial information, unless the Districtr believes in good faith that such information would not be considered material by a reasonable investor. Neither the County nor the District has been in default on any bond issued since December 31, 1975 which would be considered material by a reasonable investor. TAX CONSEQUENCES OF SERIES 2003A BONDS Interest on the Series 2003A Bonds is included within the gross income of the holders thereof for purposes of federal income taxation. In the opinion of Bond Counsel, the Series 2003A Bonds and the income thereon are exempt from all present intangible personal property taxes imposed pursuant to Chapter 199. Florida Statutes. See "APPENDIX D - Form of Bond Counsel Opinion Relating to Series 2003A Bonds" attached hereto. Interest on the Series 2003A Bonds may be subject to state or local income taxation under applicable state or law laws in other jurisdictions. Purchasers of the Series 2003A Bonds should consult their own tax advisors as to the income tax status of interest on the Series 2003A Bonds in their particular state or local jurisdiction. TAX EXEMPTION - SERIES 2003B BONDS Opinion of Bond Counsel In the opinion of Bond Counsel, the form of which is included as "APPENDIX E - Form of Bond Counsel Opinion Relating to Series 2003B Bonds" attached hereto, the interest on the Series 2003B Bonds is excludable from gross income of the holders of the Series 2003 Bonds for federal income tax purposes and is not a specific item of tax preference for federal income tax purposes under existing statutes, regulations, rulings and court decisions. However, interest on the Series 2003B Bonds is taken into account in determining adjusted current earnings for purposes of computing the federal alternative minimum tax imposed on corporations pursuant to the Internal Revenue Code of 1986, as amended (the "Code"). Failure by the District to comply subsequently to the issuance of the Series 2003B Bonds with certain requirements of the Code, regarding the use, expenditure and investment of Series 2003B Bonds proceeds and the timely payment of certain investment earnings to the Treasury of the United States, may cause interest on the Series 2003B Bonds to become includable in gross income for federal income tax purposes retroactive to their date of issuance. The District has covenanted in the Resolution to comply with all provisions of the Code necessary to, among other things, maintain the exclusion from gross income of interest on the Series 2003B Bonds for purposes of federal income taxation. In rendering its opinion, Bond Counsel has assumed continuing compliance with such covenants. 48 Internal Revenue Code of 1986 The Code contains a number of provisions that apply to the Series 2003B Bonds, including, among other things, restrictions relating to the use or investment of the proceeds of the Series 2003B Bonds and the payment of certain arbitrage earnings in excess of the "yield" on the Series 2003B Bonds to the Treasury of the United States. Noncompliance with such provisions may result in interest on the Series 2003B Bonds being included in gross income for federal income tax purposes retroactive to their date of issuance. Collateral Tax Consequences Except as described above, Bond Counsel will express no opinion regarding the federal income tax consequences resulting from the ownership of, receipt or accrual of interest on, or disposition of, the Series 2003B Bonds. Prospective purchasers of Series 2003B Bonds should be aware that the ownership of Series 2003B Bonds may result in other collateral federal tax consequences. For example, ownership of the Series 2003B Bonds may result in collateral tax consequences to various types of corporations relating to (1) denial of interest deduction to purchase or carry such Series 2003B Bonds, (2) the branch profits tax, and (3) the inclusion of interest on the Series 2003B Bonds in passive income for certain Subchapter S corporations. In addition, the interest on the Series 2003B Bonds may be included in gross income by recipients of certain Social Security and Railroad Retirement benefits. PURCHASE. OWNERSHIP, SALE OR DISPOSITION OF THE SERIES 2003B BONDS AND THE RECEIPT OR' ACCRU~4_L OF THE INTEREST THEREON MAY HAVE ADVERSE FEDERAL TAX CONSEQUENCES FOR CERTAIN INDIVIDUAL AND CORPORATE BONDHOLDERS, INCLUDING, BUT NOT LIMITED TO, THE CONSEQUENCES REFERRED TO ABOVE. PROSPECTIVE SERIES 2003B BONDHOLDERS SHOULD CONSULT WITH THEIR T.A,X SPECIALISTS FOR INFORMATION IN THAT REGARD. Florida Taxes In the opinion of Bond Counsel, the Series 2003B Bonds and the income thereon are exempt from all present intangible personal property taxes imposed pursuant to Chapter 199, Florida Statutes. Other Tax Matters Interest on the Series 2003B Bonds may be subject to state or local income taxation under applicable state or local laws in other jurisdictions. Purchasers of the Series 2003B Bonds should consult their own tax advisors as to the income tax status of interest on the Series 2003B Bonds in their particular state or local jurisdiction. During recent years, legislative proposals have been introduced in Congress, and in some cases enacted, that altered certain federal tax consequences resulting from the ownership of o ligations that are similar to the Series 2003B Bonds. In some cases, these proposals have contained provisions that altered these consequences on a retroactive basis. Such alterations of federal tax consequences may have affected the market value of obligations similar to the Series 2003B Bonds. From time to time, legislative proposals are pending which could have an effect on both the federal tax consequences resulting from ownership of the Series 2003B Bonds and their market value. No assurance can be given that additional legislative proposals will not be introduced or enacted that would or might apply to, or have an adverse effect upon, the Series 2003B Bonds. 49 Tax Treatment of Original Issue Discount Bond Counsel is further of the opinion that the difference between the principal amount of the Series 2003B Bonds maturing on July 1, ~ through July 1, , inclusive, and on July 1, through July 1, , inclusive (collectively the "Discount Bonds") and the initial offering price to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of Underwriters or wholesalers) at which price a substantial amount of such Discount Bonds of the same maturity was sold constitutes original issue discount which is excludable from gross income for federal income tax purposes to the same extent as interest on the Series 2003B Bonds. Further, such original issue discount accrues actuarially on a constant interest rate basis over the term of each Discount Bond and the basis of each Discount Bond acquired at such initial offering price by an initial purchaser thereof will be increased by the amount of such accrued original issue discount. The accrual of original issue discount may be taken into account as an increase in the amount of tax-exempt income for purposes of determining various other tax consequences of owning the Discount Bonds, even though there will not be a corresponding cash payment. Owners of the Discount Bonds are advised that they should consult with their own advisors with respect to the skate and local tax consequences of owning such Discount Bonds. Tax Treatment of Bond Premium The difference between the principal amount of the Series 2003B Bonds maturing on July 1, __ through July 1, , inclusive (collectively, the "Premium Bonds") and the initial offering price to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or'~vholesalers) at which price a substantial amount of such Premium Bonds of the same maturity was sold constitutes to an initial purchaser amortizable bond premium which is not deductible from gross income for Federal income tax purposes. The amount of amortizable bond premium for a taxable year is determined actuariatly on a constant interest rate basis over the term of each Premium Bond (or, in the case of a Premium Bond subject to optional redemption prior to maturity, the amortization period and yield must be determined on the basis of the earliest call date that results in the lowest yield on such Premium Bond). For purposes of determining gain or loss on the sale or other disposition of a Premium Bond, an initial purchaser who acquires such obligation in the initial offering to the public at the initial offering price is required to decrease such purchaser's adjusted basis in such Premium Bond annually by the amount of amortizable bond premium for the taxable year. The amortization of bond premium may be taken into account as a reduction in the amount of tax-exempt income for purposes of determining various other tax consequences of owning such Premium Bonds. Owners of the Premium Bonds are advised that they should consult with their own advisors with respect to the state and local tax consequences of owning such Premium Bonds. RATINGS Fitch Ratings ("Fitch") and Moody's Investors Service, Inc. ("Moody's") have assigned their municipal bond ratings of ",M~A" and "Aaa," respectively, to the Series 2003 Bonds with the understandin~ that upon delivery of the Series 2003 Bonds, the Policy will be issued by the Insurer. In addition, Fitch and Moody's have assigned underlying ratings of "AA" and "Al," respectively, without giving any regard to such Policy. The ratings reflect only the views of said rating agencies and an explanation of the ratings may be obtained only from said rating agencies. There is no assurance that such ratings will continue for any given period of time or that they will not be lowered or withdrawn entirely by the rating agencies, or any of them, if in their judgment? circumstances so warrant. A downward change in or withdrawal of any of such ratings, may have an adverse effect on the market price of the Series 2003 Bonds. An explanation of the significance of the ratings can be received from the rating agencies, at the following addresses: Fitch, Inc., One State 50 Street Plaza, New York, New York 10004. Standard & Poor's Ratings Services, 55 Water Street, New York, New York 10041 and Moody's Investors Serv/ce, 99 Church Street, New York, New York 10007-2796. CONSULTANTS The references herein to Public Resources Management Group, Inc., Maitland, Florida, as Feasibility Consultant, have been approved by said firm. Their report is attached hereto as "APPENDIX H - Feasibility Consultant:s Report." References to and excerpts herein from such report do not purport to be an adequate summary of such report or complete in all respects. Such report is an integral part of this Official Statement and should be read in its entirety for complete information with respect to the subjects discussed therein. VERIFICATION OF MATHEMATICAL COMPUTATIONS At the time of the delivery of the Series 2003 Bonds, , a firm of independent certified public accountants, will deliver a report on the mathematical accuracy of the computations contained in schedules provided to them and prepared by on behalf of the District relating to the sufficiency of the anticipated cash and maturing principal amounts of and interest on the Refunding Securities to pay, when due, the principal, whether at maturity or upon prior redemption, interest and call premium requirements of the Refunded Bonds. FIN.MN C L&L ADVISOR The District has retained William R. }fough& Co., Naples, Florida, as Financial Advisor in connection with the District's financing plans ~md with respect to the authorization and issuance of the Series 2003 Bonds. The Financial Advisor is not obligated to undertake and has not undertaken to make an independent verification or to assume responsibility for the accuracy, completeness, or fairness of the information contained in the Official Statement. The Financial Advisor did not participate in the underwriting of the Series 2003 Bonds. AUDITED FINANCIAL STATEMENTS The general purpose financial statements of the Water and Sewer Districts of Collier County, which include the District and the Goodland Water District, for the fiscal year ended September 30, 2002, appended hereto as ",M>PENDIX C -- Collier County Water-Sewer District Financial Statements For Fiscal Year Ended September 30, 2002," have been audited by the independent auditors, KPMG LLP. Such audited financial statements, including the auditor's report thereon, have been included in this Official Statement as public documents and the consent of the auditors to include such documents was not requested. The Series 2003 Bonds are solely obligations of the District and no revenues or assets of the Goodland Water District reflected in such financial statements may be used to pay the principal of or interest on the Series 2003 Bonds. The Series 2003 Bonds are payable solely from the Pledged Funds as described in the Resolution and herein and the Series 2003 Bonds are not otherwise secured by, or payable from, the general revenues of the District or the Counw. See "SECURITY FOR THE BONDS" herein. The 51 general purpose financial statements of the District are presented for general information purposes only. For the fiscal year ending September 30, 2002, the County prepared such general purpose Financial Statements in accordance with GASB Statement No. 34. GASB Statement No. 34 and the related pronouncements create new basic financial statements for reporting the District's financial activities. In addition to fund-basis financial statements, the financial statements now include government-wide financial statements prepared on the accrual basis of accounting to split the District's program between governmental and business-type activities. The Clerk's Office, including the Finance Department, implemented such requirements with the assistance of its consultants to insure that all requirements of GASB Statement No. 34 were satisfied. UNDERWRITING The Series 2003A Bonds are being purchased by the Underwriters shown on the cover of the Official Statement (the "Underwriters") at an aggregate purchase price of $ (which equals the principal amount of the Series 2003A Bonds, plus a net original issue premium of $ , less the Underwriters' discount of $ ~). The Series 2003B Bonds are being purchased by the Underwriters at an aggregate purchase price of $ (which equals the principal amount of the Series 2003A Bonds, plus a net original issue premium of $. , less the Underwriters' discount of $ ). The Underwriters' obligations are subject to certain conditions precedent contained in a contract of purchase entered into with the County. and it will be obligated to purchase all of the Series 2003 Bonds if any Series 2003 Bonds are purchased. The Series 2003 Bonds may be offered and sold to certain dealers (including dealers depositing such Series 2003 Bonds into investment trusts) at prices lower than such public offering prices, and such public offering prices may be changed, from time to time, by the Underwriters. CONTINGENT FEES The County has retained Bond Counsel, the Financial Advisor, Disclosure Counsel and the Feasibility Consultant with respect to the authorization, sale, execution and delivery of the Series 2003 Bonds. Pavment of the fees of such professionals and an underwriting discount to the Underwriters (inciuding the fees of their counsel) are each contingent upon the issuance of the Series 2003 Bonds. ENFORCEABILITY OF REMEDIES The remedies available to the owners of the Series 2003 Bonds upon an event of default under the Resolution, the Policy are in many respects dependent upon judicial actions which are often subject to discretion and delay. Under existing constitutional and statutory law and judicial decisions, including specifically the federal bankruptcy code, the remedies specified by the Resolution, the Series 2003 Bonds, the ~ olicy may not be readily available or may be limited. The various legal opinions to be delivered concurrently with the delivery of the Series 2003 Bonds, including Bond Counsel's approving opinion, will be qualified, as to the enforceability of the remedies provided in the various legal instruments, by limitations imposed by bankruptcy, reorganization, insolvency or other similar laws affecting the rights of creditors enacted before of after such delivery. See "APPENDIX B - Summary of Certain Provisions of the Resolution" attached hereto for a description of events of default and remedies. 52 CONTINUING DISCLOSURE The District has covenanted for the benefit of the Series 2003 Bondholders to provide certain financial information and operating data relating to the District and the Series 2003 Bonds in each year, and to provide notices of the occurrence of certain enumerated material events. The District has agreed to file annual financial information and operating data and its audited financial statements with each nationally recognized municipal securities information repository then approved by the Securities and Exchange Commission (the "NRMSIRs'), as well as any state information depository that is established in the State (the "SID'). Currently, there are no such SIDs. The District has agreed to file notices of certain enumerated material events, when and if they occur, with the NRMSIRs or the Municipal Securities Rulemaking Board, and with the SIDs, if any. The specific nature of the financial information, operating data, and of the type of events which trigger a disclosure obligation, and other details of the undertaking are described in "APPENDIX F - Form of Continuing Disclosure Certificate" attached hereto. The Continuing Disclosure Certificate shall be executed by the District prior to the issuance of the Series 2003 Bonds. These covenants have been made in order to assist the Underwriters in complying with the continuing disclosure requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission (the "Rule"). With respect to the Series 2003 Bonds. no party other than the District is obligated to provide, nor is expected to provide, any continuing disclosure information with respect to the Rule. The District has never failed to comply with any prior agreements to provide continuing disclosure information pursuant to the Rule. ACCURACY AND COMPLETENESS OF OFFICIAL STATEMENT The references, excerpts, and summaries of all documents, statutes, and information concerning the District or the County and certain reports and statistical data referred to herein do not purport to be complete, comprehensive and definitive and each such summary and reference is qualified in its entirety by reference to each such document for full and complete statements of all matters of fact relating to the Series 2003 Bonds, the security for the payment of the Series 2003 Bonds and the rights and obligations of the owners thereof and to each such statute, report or instrument. Copies of such documents may be obtained from either the office of the Clerk of the Board of County Commissioners, Collier County Government Complex, 3301 East Tamiami Trail, Building L, Naples, Florida 34112, telephone: (239) 774-8097 or the County's Financial Advisor, William R. Hough & Co., 500 Fifth Avenue South, Suite 509, Naples, Florida 34102-6615, telephone (239) 649-6077. Any statements made in this Official Statement involving matters of opinion or of estimates, whether or not so expressly stated are set forth as such and not as representations of fact, and no representation is made that any of the estimates will be realized. Neither this Official Statement nor any statement that may have been made verball:~ or in writing is to be construed as a contract with the owners of the Series 2003 Bonds. The appendices attached hereto are integral parts of this Official Statement and must be read in their entirety together with all foregoing statements. 53 AUTHORIZATION OF OFFICIAL STATEMENT The execution and delivery of this Official Statement has been duly authorized and approved by the District. At the time of delivery of the Series 2003 Bonds, the District will furnish a certificate to the effect that nothing has come to their attention which would lead it to believe that the Official Statement (other than information herein related to the Insurer, the Policy, DTC, the book-entry only system of registration and the information contained under the caption "TAX CONSEQUENCES OF SERIES 2003A BONDS" and "TAX EXEMPTION - SERIES 2003B BONDS" and as to which no opinion shall be expressed), as of its date and as of the date of delivery of the Series 2003 Bonds, contains an untrue statement of a material fact or omits to state a material fact which should be included therein for the purposes for which the Official Statement is intended to be used, or which is necessary to make the statements contained therein, in the light of the circumstances under which they were made, not misleading. COLLIER COUNTY WATER-SEWER DISTRICT By: Chairman, Board of County Commissioners of Collier County, Florida 54 EXHIBIT C FORM OF SERIES 1994A ESCROW DEPOSIT AGREEMENT ESCROW DEPOSIT AGREEMENT ESCROW DEPOSIT AGREEMENT, dated as of July __, 2003, by and between COLLIER COUNTY WATER-SEWER DISTRICT (the "District"), and FIFTH THIRD BANK (the "Escrow Agent"), a state banking association organized and existing under the laws of the State of Ohio, having its designated corporate trust office in Cincinnati, Ohio, as escrow agent hereunder. WHEREAS, the District has heretofore issued its Collier County Water-Sewer District Taxable Water and Sewer Refunding Revenue Bonds, Series 1994A (the "Series 1994A Bonds") pursuant to Resolution No. CWS-85-5 adopted on July 30, 1985, as amended and restated by Resolution No. CWS-85-13 adopted on December 26, 1985, as amended and supplemented (collectively, the "Resolution"); and WHEREAS, the District has determined to exercise its option under the Resolution to refund that portion ofth. e outstanding Series ! 994A Bonds which mature on or after July 1, 2004 (the "Refunded Bonds"); and WHEREAS, the District has determined to issue its $ Collier County Water-Sewer District Taxable Water and Sewer Refunding Revenue Bonds, Series 2003A (the "Series 2003A Bonds") pursuant to the Resolution, a portion of the proceeds of which Series 2003A Bonds, together with other legally available moneys of the District, will be used, other than a cash deposit, to purchase certain United States Treasury obligations in order to provide payment for the Refunded Bonds and discharge and satisfy the pledge of the Pledged Funds (as defined in the Resolution) and the covenants, agreements and other obligations of the District under the Resolution in regard to such Refunded Bonds; and WHEREAS, the issuance of the Series 2003A Bonds, the purchase by the Escrow Agent of the hereinafter defined Escrow Securities, the deposit of such Escrow Securities into an escrow deposit trust fund to be held by the Escrow Agent and the discharge and satisfaction of the pledge of the Pledged Funds and the covenants, agreements and other obligations of the District under the Resolution in regard to the Refunded Bonds shaP occur as a simultaneous transaction; and WHEREAS, this Agreement is intended to effectuate such simultaneous transaction; NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter set forth, the parties hereto agree as follows: -.----/v b SECTION 1. PREAMBLES. The District represents that the recitals stated above are true and correct, and the same are incorporated herein. SECTION2. RECEIPT OF RESOLUTION AND VERIFICATION REPORT. Receipt of a true and correct copy of the above-mentioned Resolution and this Agreement is hereby acknowledged by the Escrow Agent. The applicable and necessary provisions of the Resolution, including, without limitation, Section 9.01 thereof, are incorporated herein by reference. The Escrow Agent also acknowledges receipt of the verification report of , dated July__, 2003 (the "Verification Report"). Reference herein to or citation herein of any provisions of the Resolution or the Verification Report shall be deemed to incorporate the same as a part hereof in the same manner and with the same effect as if the same were fully set forth herein. SECTION 3. DISCHARGE OF PLEDGE OF HOLDERS OF REFUNDED BONDS. In accordance with Section 9.01 of the Resolution, the District by this writing exercises its option to discharge and satisf.v the pledge of the Pledged Funds and all covenants, agreements and other obligations of the District to the holders of the Refunded Bonds under the Resolution to cease, terminate and become void and be discharged and satisfied. SECTION 4. ESTABLISHMENT OF ESCROW FUND. There is hereby created and established with the Escrow Agent a special, segregated and irrevocable escroxv deposit trust fund designated the "Collier County Water-Sewer District Taxable Water and Sewer Refunding Revenue Bonds, Series 1994A Escrow Deposit Trust Fund" (the "Escrow Fund"). The Escrow Fund shall be held in the custody of the Escrow Agent as a trust fund for the benefit of the holders of the Refunded Bonds, separate and apart from other funds and accounts of the District and the Escrow Agent. The Escrow Agent hereby accepts the Escrow Fund and acknowledges the receipt of and deposit to the credit of the Escrow Fund the sum of $ from the District from proceeds of the Series 2003A Bonds (the "Bond Proceeds"), and the sum of $ received from the District from certain moneys on deposit in the funds and accounts established pursuant to the Resolution for the benefit of the holders of the Refunded Bonds (the "District Moneys"). SECTION 5. DEPOSIT OF MONEYS AND SECURITIES IN ESCROW FUND. The District hereby directs the use of the Bond Proceeds and District Moneys as provided in this Section 5. The Escrow Agent represents and acknowledges that, concurrently with the deposit of the Bond Proceeds and District Moneys under Section 4 above, it has used all of the Bond Proceeds and $ of the District Moneys to purchase on behalf of and for the account of the District certain United States Treasury obligations -- State and Local Government Series (collectively, together with any other securities which may be on deposit, from time to time, in the Escrow Fund, the "Escrow Securities"), which are described in Schedule A hereto, and the Escrow Agent will deposit such Escrow Securities and $ of the District Moneys in cash (the "Cash Deposit") in the Escrow Fund. All Escrow Securities shall be noncallable, direct obligations of the United States of America. In the event any of the Escrow Securities described in Schedule A hereto are not available for delivery on July__, 2003; the Escrow Agent may, at the written direction of the District and with the approval of Bohd Counsel, substitute other United States Treasury obligations and shall credit such other obligations to the Escrow Fund and hold such obligations until the aforementioned Escrow Securities have been delivered. Bond Counsel shall, as a condition precedent to giving its approval, require the District to provide it with a revised Verification Report in regard to the adequacy of the Escrow Securities, taking into account the substituted obligations to pay the Refunded Bonds in accordance with the terms hereof. The Escrow Agent shall in no manner be responsible or liable for failure or delay of Bond Counsel or the District to promptly approve the substitutions of other United States Treasury obligations for the Escrow Fund. SECTION 6. SUFFICIENCY OF ESCROW SECURITIES AND THE CASH DEPOSIT. In reliance upon the Verification Report, the District represents that the Cash Deposit and the interest on and the principal amounts successively maturing on the Escrow Securities in accordance with their terms (without consideration of any reinvestment of such maturing principal and interest) are sufficient such that moneys will be available to the Escrow Agent in amounts sufficient and at the times required to pay the amounts of principal of, redemption premium, if any, and interest due and to become due on the Refunded Bonds as described in Schedule B attached hereto. If the Escrow Securities and the Cash Deposit shall be insufficient to make such payments, the District shall timely deposit to the Escrow Fund, solely from legally available funds of the District, such additional amounts as may be required to pay the Refunded Bonds as described in Schedule B hereto. Notice of any insufficiency shall be given by the Escrow Agent to the District as promptly as possible, but the Escrow Agent shall in no manner be responsible for the District's failure to make such deposits. SECTION 7. ESCROW SECURITIES AND THE CASH DEPOSIT IN TRUST FOR HOLDERS OF REFUNDED BONDS. The deposit of the Escrow Securities and the Cash Deposit in the Escrow Fund shall constitute an irrevocable deposit of Refunding Securities (as defined in the Resolution) and cash in trust solely for the payment of the principal of, redemption premium, if any, and interest on the Refunded Bonds at such times and in such amounts as set forth in Schedule B hereto, and the principal of and interest earnings on such Escrow Securities and the Cash Deposit shall be used solely for such purpose. SECTION 8. ESCROW AGENT TO PAY REFUNDED BONDS FROM ESCROW FUND. The District hereby directs, and the Escrow Agent hereby agrees, that it will take all actions required to be taken by it under the provisions of the Resolution referenced in this Agreement, including the timely transfer of money to the Paying Agent for the Refunded Bonds as provided in the Resolution, in order to effectuate this Agreement and to pay the Refunded Bonds in the amohnts and at the times provided in Schedule B hereto. The Escrow Securities and the Cash Deposit shall be used to pay the principal of, redemption premium, if any, and interest on the Refunded Bonds as the same may mature or be redeemed. If any payment date shall be a day on which either the Paying Agent for the Refunded Bonds or the Escrow Agent is not open for the acceptance or delivery of funds, then the Escrow Agent may make payment on the next business day. The liability of the Escrow Agent for the payment of the principal of, redemption premium, if any, and interest on the Refunded Bonds pursuant to this Agreement shall be limited to the application of the Escrow Securities and the Cash Deposit and the interest earnings thereon available for such purposes in the Escrow Fund. SECTION 9. REINVESTMENT OF MONEYS AND SECURITIES IN ESCROW FUND. Moneys deposited in the Escrow Fund shall be invested only in the Escrow Securities listed in Schedule A hereto and the Cash Deposit and, except as provided in Section 5 hereof and this Section 9, neither the District nor the Escrow Agent shall otherwise invest or reinvest any moneys in the Escrow Fund. Except as provided in Section 5 hereof and in this Section 9, the Escrow Agent may not sell or otherwise dispose of any or all of the Escrow Securities or the Cash Deposit in the Escrow Fund and reinvest the proceeds thereof in other securities nor may it substitute securities for any of the Escrow Securities, except upon written direction of the District and where, prior to any such reinvestment or substitution, the Escrow Agent has received from the District the following: (a) a written verification report by a firm of independent certified public accountants, of recognized standing, appointed by the District and acceptable to the Escrow Agent, to the effect that after such reinvestment or substitution the principal amount of Escrow Securities, together with the interest therein, will be sufficient to pay the Refunded Bonds as described in Schedule B hereto; and 4 (b) a written opinion of nationally recognized Bond Counsel to the effect that (i) such investment will not cause the Series 2003A Bonds or the Refunded Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code, as amended, and the regulations promulgated thereunder or otherwise cause the interest on the Refunded Bonds or the Series 2003A Bonds to be included as gross income for purposes of federal income taxation, and (ii) such investment does not violate any provision of Florida law or of the Resolution. The above-described verification report need not be provided in the event the District purchases Escrow Securities with the proceeds of maturing Escrow Securities and such purchased Escrow Securities mature on or before the next interest payment date for the Refunded Bonds and have a face amount which is at least equal to the cash amount invested in such Escrow Securities. In the event the above-referenced verification concludes that there are surplus moneys in the Escrow Fund, such surplus moneys shall be released to the District upon its written direction. The Escrow Fund shall continue in effect until the date upon which the Escrow Agent makes the final payment to the Paying Agent for the Refunded Bonds in an amount sufficient to pay the Refunded Bonds as described in Schedule B hereto, whereupon the Escrow Agent shall sell or redeem any Escrow Securities remaining in the Escrow Fund, and shall remit to the District the proceeds thereof, together with all other money, if any, then remaining in the Escrow Fund. SECTION 10. REDEMPTION OF CERTAIN REFUNDED BONDS. The District hereby irrevocably instructs the Escrow Agent to direct, on behalf of the Issuer, that the Registrar and Paying Agent for the Refunded Bonds give at the appropriate times the notice or notices, if any, required by the Resolution in connection with the redemption of the Refunded Bonds. Such notice of redemption shall be given by the Registrar for such Refunded Bonds in accordance with the Resolution. The Refunded Bonds shall be redeemed on at a redemption price equal to 102% of the principal amount thereof plus interest accrued to the redemption date. SECTION 11. ESCROW FUND IRREVOCABLE. The Escrow Fund hereby created shall be irrevocable and the holders of the Refunded Bonds shall have an express lien on all Escrow Securities and the Cash Deposit deposited in the Escrow Fund pursuant to the terms hereof and the interest earnings thereon until paid out, used and applied in accordance with this Agreement and the Resolution. Neither the District nor the Escrow Agent shall cause nor permit any other lien or interest whatsoever to be imposed upon the Escrow Fund. _ ILL SECTION 12. AMENDMENTS TO AGREEMENT. This Agreement is made for the benefit of the District and the holders from time to time of the Refunded Bonds and it shall not be repealed, revoked, altered or amended without the written consent of all such holders and the written consent of the Escrow Agent; provided, however, that the District and the Escrow Agent may, without the consent of, or notice to, such holders, enter into such agreements supplemental to this Agreement as shall not adversely affect the rights of such holders and as shall not be inconsistent with the terms and provisions of this Agreement, for any one or more of the following purposes: (a) to cure any ambiguity or formal defect or omission in this Agreement; (b) to grant, or confer upon, the Escrow Agent for the benefit of the holders of the Refunded Bonds, any additional rights, remedies, powers or authority that may lawfully be granted to, or conferred upon, such holders or the Escrow Agent; and (c) to subject to this Agreement additional funds, securities or properties. The Escrow Agent, shall be entitled to rely exclusively upon an opinion of nationally recognized Bond Counsel with respect to compliance with this Section 12, including the extent, if any, to which any change, modification or addition affects the rights of the holders of the Refunded Bonds, or that any instrument executed hereunder complies with the conditions and provisions of this Section 12. SECTION 13. FEES AND EXPENSES OF ESCROW AGENT; INDEMNIFICATION. In consideration of the services rendered by the Escrow Agent under this Agreement, the District agrees to and shall pay to the Escrow Agent the fees and expenses as shall be agreed to in writing by the parties hereto. The Escrow Agent shall have no lien whatsoever upon any of the Escrow Securities in said Escrow Fund for the payment of such proper fees and expenses. The District further agrees to indemnify and save the Escrow Agent harmless, to the extent allowed by law, against any liabilities which it may incur in the exercise and performance of its powers and duties hereunder, and which are not due to its negligence or misconduct. Indemnification provided under this Section 13 shall survive the termination of this Agreement. Whenever the Escrow Agent shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering or omitting any action under this Agreement, such matter may be deemed to be conclusively established by a certificate signed by an authorized officer of the District. The Escrow Agent may conclusively rely, as to the correctness of statements, conclusions and opinions therein, upon any certificate, report, //2.- opinion or other document furnished to the Escrow Agent pursuant to any provision of this .Agreement; the Escrow Agent shall be protected and shall not be liable for acting or proceeding, in good faith, upon such reliance; and the Escrow Agent shall be under no duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument. The Escrow Agent may consult with counsel, who may be counsel to the District or independent counsel, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith in accordance herewith. Prior to retaining such independent counsel, the Escrow Agefit shall notify the District of its intention. The Escrow Agent and its successors, agents and servants shall not be held to any personal liability whatsoever, in tort, contract or otherwise, by reason of the execution and delivery of this Agreement, the establishment of the Escrow Fund, the acceptance and disposition of the various moneys and funds described herein, the purchase, retention or payment, transfer or other application of funds or securities by the Escrow Agent in accordance with the provisions of this Agreement or any non-negligent act, omission or error of the Escrow Agent made in good faith in the conduct of its duties. The Escrow Agent shall, however, be liable to the District and to holders of the Refunded Bonds to the extent of their respective damages for negligent or willful acts, omissions or errors of the Escrow Agent which violate or fail to comply with the terms of this Agreement. The duties and obligations of the Escrow Agent shall be determined by the express provisions of this Agreement. SECTION 14. REPORTING REQUIREMENTS OF ESCROW AGENT. As soon as practicable after ,2003, the Escrow Agent shall forward in writing to the District a statement in detail of the activity of the Escrow Fund. SECTION 15. RESIGNATION OR REMOVAL OF ESCROW AGENT. The Escrow Agent, at the time acting hereunder, may at any time resign and be discharged from the duties and obligations hereby created by giving not less than 20 days' written notice to the District and mailing notice thereof, specifying the date when such resignation will take effect to the holders of all Refunded Bonds then outstanding, but no such resignation shall take effect unless a successor Escrow Agent shall have been appointed by the holders of a majority in aggregate principal amount of the Refunded Bonds then outstanding or by the District as hereinafter provided and such successor Escrow Agent shall have accepted such appt intment, in which event such resignation shall take effect immediately upon the appointment and acceptance of a successor Escrow Agent. The Escrow Agent may be replaced at any time by an instrument or concurrent instruments in writing, delivered to the Escrow .Agent and signed by either the District or the holders of a majority in aggregate principal amount of the Refunded Bonds then outstanding. Such instrument shall provide for the appointment of a successor Escrow Agent, which appointment shall occur simultaneously with the removal of the Escrow Agent. In the event the Escrow Agent hereunder shall resign or be removed, or be dissolved, or shall be in the course of dissolution or liquidation, or otherwise become incapable of acting hereunder, or in case the Escrow Agent shall be taken under the control of any public officer or officers, or of a receiver appointed by a court, a successor may be appointed by the District or by the holders of a maj orityin aggregate principal amount of the Re funded Bonds then outstanding b,y an instrument or' concurrent instruments in writing, signed by such holders, or by their attorneys in fact, duly authorized in writing. In the event the holders of the Refunded Bonds shall appoint a successor Escrow Agent, the District may appoint a temporary Escrow Agent to fill such vacancy until a successor Escrow Agent shall be appointed by the holders ora majority in aggregate principal amount of the Refunded Bonds then outstanding in the manner above provided, and any such temporary Escrow Agent so appointed by the District shall immediately and without further act be superseded by the Escrow Agent so appointed by such holders. The District shall mail notice of any such appointment made by it at the times and in the manner described in the first paragraph of this Section 15. In the event that no appointment of a successor Escrow Agent or a temporary successor Escrow Agent shall have been made by such holders or the District pursuant to the foregoing provisions of this Section 15 within 20 days after written notice of resignation of the Escrow Agent has been given to the District, the holder of any of the Refunded Bonds or any retiring Escrow Agent may apply to any court of competent jurisdiction for the appointment of a successor Escrow Agent. and such court may thereupon, after such notice, if any, as it shall deem proper, appoint a successor Escrow Agent. In the event of replacement or resignation of the Escrow Agent, the Escrow Agent shall remit to the District the prorated portion of prepaid fees not yet incurred or payable, less any termination fees and expenses at the time of discharge, and shall have no further liability hereunder and the District shall indemnify and hold harmless Escrow Agent from any such liability, including costs or expenses incurred by Escrow Agent or its counsel. No successor Escrow Agent shall be appointed unless such successor Escrow Agent shall be a corpc ration with trust powers organized under the banking laws of the United States or any State, and shall have at the time of appointment capital and surplus of not less than $30,000,000. Every successor Escrow Agent appointed hereunder shall execute, acknowledge and deliver to its predecessor and to the District an instrument in writing accepting such appointment hereunder and thereupon such successor Escrow Agent, without any further act, deed or conveyance, shall become fully vested with all the fights, immunities, powers, trusts, duties and obligations of its predecessor; but such predecessor shall nevertheless, on the written request of such successor Escrow Agent or the District execute and deliver an instrument transferring to such successor Escrow Agent all the estates, properties, fights, powers and trust of such predecessor hereunder;, and every predecessor Escrow Agent shall deliver all securities and moneys held by it to its successor; provided, however, that before any such delivery is required ti be made, all fees, advances and expenses of the retiring or removed Escrow Agent shall be paid iff full. Should any transfer, assignment or instrument in writing from the District be required by any successor Escrow Agent for more fully and certainly vesting in such successor Escrow Agent the estates, fights, powers and duties hereby vested or intended to be vested in the predecessor Escrow Agent, any such transfer, assignment and instruments in writing shall, on request, be executed, acknowledged and delivered by the District. Any corporation into which the Escrow Agent, or any successor to it in the trusts created by this Agreement, may be merged or converted or with which it or any successor to it may be consolidated, or any corporation resulting from any merger, conversion, consolidation or tax-free reorganization to which the Escrow Agent or any successor to it shall be a party shall be the successor Escrow Agent under this Agreement without the execution or filing of any paper or any other act on the part of any of the parties hereto, an~hing herein to the contrary notwithstanding. SECTION 16. TERMINATION OF AGREEMENT. This Agreement shall terminate when all transfers and payments required to be made by the Escrow Agent under the provisions hereof shall have been made. Upon such termination, all moneys remaining in the Escrow Fund shall be released to the District. SECTION 17. GOVERNING LAW. This Agreement shall be governed by the applicable laws of the State of Florida. SECTION 18. SEVERABILITY. If any one or more of the covenants or agreements provided in this Agreement on the part of the District or the Escrow Agent to be performed should be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreement shall be deemed and construed to be severable from the remaining covenants and agreements herein contained and shall in no way affect the validity of the remaining provisions of this Agreement. 9 SECTION 19. COUNTERPARTS. This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument. SECTION 20. NOTICES. Any notice, authorization, request or demand required or permitted to be given in accordance with the terms of this Agreement shall be in writing and sent by registered or certified mail addressed to: Collier County Water-S6wer District c/o Collier County, Florida 3301 Tamiami Trail East Naples, Florida 34112 Attn: Finance Director Fifth Third Bank MD 10AT60 38 Fountain Square Plaza Cincinnati, Ohio 45263 At-m: Corporate Trust Department 10 IN WITNESS WHEREOF, the parties hereto have each caused this Escrow Deposit Agreement to be executed by their duly authorized officers and appointed officials and their seals to be hereunder affixed and attested as of the date first written herein. COLLIER COUNTY WATER-SEWER DISTRICT (SEAL) Chairman, Board of County Commissioners of Collier County, Florida, as the Ex-Officio Chairman of the Governing Board of the Collier County Water-Sewer District ATTEST: Clerk, Board of County Commissioners of Collier County, Florida, as the Ex-Officio Clerk of the Governing Board of the Collier County Water-Sewer District FIFTH THIRD BANK, as Escrow Agent (SEAL) By:_ Authorized Signatory 11 : _./.tZ .... SCHEDULE A ESCROW SECURITIES , Type Settlement Maturity Par Interest Date Date Amount Rate A-1 SCHEDULE B DEBT SERVICE REQUIREMENTS FOR REFUNDED BONDS Payment Date Principal Interest Total B-! EXHIBIT D FORM OF SERIES 1994B ESCROW DEPOSIT AGREEMENT ESCROW DEPOSIT AGREEMENT ESCROW DEPOSIT AGREEMENT, dated as of July __, 2003, by and between COLLIER COUNTY WATER-SEWER DISTRICT (the "District"), and FIFTH THIRD BANK (the "Escrow Agent"), a state banking association organized and existing under the laws of the State of Ohio, having its designated corporate trust office in Cincinnati, Ohio, as escrow agent hereunder. WHEREAS, the District has heretofore issued its Collier County Water-Sewer District Water and Sewer Refunding Revenue Bonds, Series 1994B (the "Series 1994B Bonds") pursuant to Resolution No. CWS-85-5 adopted on July 30, 1985, as amended and restated by Resolution No. CWS-85-13 adopted on December 26, 1985, as amended and supplemented (collectively, the "Resolution"); and WHEREAS, the District has determined to exercise its option under the Resolution to refund that portion of the outstanding Series 1994B Bonds which mature on or after July 1, 2004 (the "Refunded Bonds"); and Vv]-IEREAS, the District has determined to issue its $ Collier County Water-Sewer District Water and Sewer Refunding Revenue Bonds, Series 2003 B (the "Series 2003B Bonds") pursuant to the Resolution, a portion of the proceeds of which Series 2003B Bonds, together with other legally available moneys of the District, will be used, other than a cash deposit, to purchase certain United States Treasury obligations in order to provide payment for the Refunded Bonds and discharge and satisfy the pledge of the Pledged Funds (as defined in the Resolution) and the covenants, agreements and other obligations of the District under the Resolution in regard to such Refunded Bonds; and WHEREAS, the issuance of the Series 2003B Bonds, the purchase by the Escrow Agent of the hereinafter defined Escrow Securities, the deposit of such Escrow Securities into an escrow deposit trust fund to be held by the Escrow Agent and the discharge and satisfaction of the pledge of the Pledged Funds and the covenants, agreements and other obligations of the District under the Resolution in regard to the Refunded Bonds shall occur as a simultaneous transaction; and WHEREAS, this Agreement is intended to effectuate such simultaneous transaction; NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter set forth, the parties hereto agree as follows: ' ' : , ' iV"B SECTION 1. PREAMBLES. The District represents that the recitals stated above are tree and correct, and the same are incorporated herein. SECTION2. RECEIPT OF RESOLUTION AND VERIFICATION REPORT. Receipt of a true and correct copy of the above-mentioned Resolution and this Agreement is hereby acknowledged by the Escrow Agent. The applicable and necessary provisions of the Resolution, including, without limitation, Section 9.01 thereof, are incorporated herein by reference. The Escrow Agent also acknowledges receipt of the verification report of ., dated July_~, 2003 (the "Verification Report"). Reference herein to or citation herein of any provisions of the Resolution or the Verification Report shall be deemed to incorporate the same as a part hereof in the same manner and with the same effect as if the same were fully set forth herein. SECTION 3. DISCHARGE OF PLEDGE OF HOLDERS OF REFUNDED BONDS. In accordance with Section 9.01 of the Resolution, the District by this writing exercises its option to discharge and satisf~v the pledge of the Pledged Funds and all covenants, agreements and other obligations of the District to the holders of the Refunded Bonds under the Resolution to cease, terminate and become void and be discharged and satisfied. SECTION 4. ESTABLISHMENT OF ESCROW FUND. There is hereby created and established with the Escrow Agent a special, segregated and irrevocable escrow deposit trust fund designated the "Collier County Water-Sewer District Water and Sewer Refunding Revenue Bonds, Series 1994B Escrow Deposit Trust Fund" (the "Escrow Fund"). The Escrow Fund shall be held in the custody of the Escrow Agent as a trust fund for the benefit of the holders of the Refunded Bonds, separate and apart from other funds and accounts of the District and the Escrow Agent. The Escrow Agent hereby accepts the Escrow Fund and acknowledges the receipt of and deposit to the credit of the Escrow Fund the sum of $ from the District from proceeds of the Series 2003B Bonds (the "Bond Proceeds"), and the sum of $ received from the District from certain moneys on deposit in the funds and accounts established pursuant to the Resolution for the benefit of the holders of the Refunded Bonds (the "District Moneys"). SECTION 5. DEPOSIT OF MONEYS AND SECURITIES IN ESCROW FUND. The District hereby directs the use of the Bond Proceeds and District Moneys as provided in this Section 5. The Escrow Agent represents and acknowledges that, concurrently with the deposit of the Bond Proceeds and District Moneys under Section 4 above, it has used all of the Bond Proceeds and $ of the District Moneys to purchase on behalf of and for the account of the District certain United States Treasury obligations -- State and Local Government Series (collectively, together with any other securities which may be on deposit, from time to time, in the Escrow Fund, the "Escrow Securities"), which are described in Schedule A hereto, and the Escrow Agent will deposit such Escrow Securities and $~ of the District Moneys in cash (the "Cash Deposit") in the Escrow Fund. All Escrow Securities shall be noncallable, direct obligations of the United States of America. In the event any of the Escrow Securities described in Schedule A hereto are not available for delivery on July__, 2003; the Escrow Agent may, at the written direction of the District and with the approval of Bofid Counsel, substitute other United States Treasury obligations and shall credit such other obligations to the Escrow Fund and hold such obligations until the aforementioned Escrow Securities have been delivered. Bond Counsel shall, as a condition precedent to giving its approval, require the District to provide it with a revised Verification Report in regard to the adequacy of the Escrow Securities, taking into account the substituted obligations to pay the Refunded Bonds in accordance with the terms hereof. The Escrow Agent shall in no manner be responsible or liable for failure or delay of Bond Counsel or the District to promptly approve the substitutions of other United States Treasury obligations for the Escrow Fund. SECTION 6. SUFFICIENCY OF ESCROW SECURITIES AND THE CASH DEPOSIT. In reliance upon the Verification Report, the District represents that the Cash Deposit and the interest on and the principal amounts successively maturing on the Escrow Securities in accordance with their terms (without consideration of any reinvestment of such maturing principal and interest) are sufficient such that moneys will be available to the Escrow Agent in amounts sufficient and at the times required to pay the amounts of principal of, redemption premium, if any, and interest due and to become due on the Refunded Bonds as described in Schedule B attached hereto. If the Escrow Securities and the Cash Deposit shall be insufficient to make such payments, the District shall timely deposit to the Escrow Fund, solely from legally available funds of the District, such additional amounts as may be required to pay the Refunded Bonds as described in Schedule B hereto. Notice of any insufficiency shall be given by the Escrow Agent to the District as promptly as possible, but the Escrow Agent shall in no manner be responsible for the District's failure to make such deposits. SECTION 7. ESCROW SECURITIES AND THE CASH DEPOSIT IN TRUST FOR HOLDERS OF REFUNDED BONDS. The deposit of the Escrow Securities and the Cash Deposit in the Escrow Fund shall constitute an irrevocable deposit of Refunding Securities (as defined in the Resolution) and cash in trust solely for the payment of the principal of, redemption premium, if any, and interest on the Refunded Bonds at such times and in such amounts as set forth in Schedule B hereto, and the principal of and interest earnings on such Escrow Securities and the Cash Deposit shall be used solely for such purpose. SECTION 8. ESCROW AGENT TO PAY REFUNDED BONDS FROM ESCROW FUND. The District hereby directs, and the Escrow Agent hereby agrees, that it will take all actions required to be taken by it under the provisions of the Resolution referenced in this Agreement, including the timely transfer of money to the Paying Agent for the Refunded Bonds as provided in the Resolution, in order to effectuate this Agreement and to pay the Refunded Bonds in the amounts and at the times provided in Schedule B hereto. The Escrow Securities and the Cash Deposit shall be used to pay the principal of, redemption premium, if any, and interest on the Refunded Bonds as the same may mature or be redeemed. If any payment date shall be a day on which either the Paying Agent for the Refunded Bonds or the Escrow Agent is not open for the acceptance or delivery of funds, then the Escrow Agent may make payment on the next business day. The liability of the Escrow Agent for the payment of the principal of, redemption premium, if any, and interest on the Refunded Bonds pursuant to this Agreement shall be limited to the application of the Escrow Securities and the Cash Deposit and the interest earnings thereon available for such purposes in the Escrow Fund. SECTION 9. REINVESTMENT OF MONEYS AND SECURITIES IN ESCROW FUND. Moneys deposited in the Escrow Fund shall be invested only in the Escrow Securities listed in Schedule A hereto and the Cash Deposit and, except as provided in Section 5 hereof and this Section 9, neither the District nor the Escrow Agent shall otherwise invest or reinvest any moneys in the Escrow Fund. Except as provided in Section 5 hereof and in this Section 9, the Escrow Agent may not sell or otherwise dispose of any or all of the Escrow Securities or the Cash Deposit in the Escrow Fund and reinvest the proceeds thereof in other securities nor may it substitute securities for any of the Escrow Securities, except upon written direction of the District and where, prior to any such reinvestment or substitution, the Escrow Agent has received from the District the following: (a) a written verification report by a finn of independent certified public accountants, of recognized standing, appointed by the District and acceptable to the Escrow Agent, to the effect that after such reinvestment or substitution the principal amount of Escrow Securities, together with the interest therein, will be sufficient to pay the Refunded Bonds as described in Schedule B hereto; and 4 (b) a written opinion of nationally recognized Bond Counsel to the effect that (i) such investment will not cause the Series 2003B Bonds or the Refunded Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code, as amended, and the regulations promulgated thereunder or otherwise cause the interest on the Refunded Bonds or the Series 2003B Bonds to be included as gross income for purposes of federal income taxation, and (ii) such investment does not violate any provision of Florida law or of the Resolution. The above-described verification report need not be provided in the event the District purchases Escrow Securities with the proceeds of maturing Escrow Securities and such purchased Escrow Securities mature on or before the next interest payment date for the Refunded Bonds and have a face amount which is at least equal to the cash amount invested in such Escrow Securities. In the event the above-referenced verification concludes that there are surplus moneys in the Escrow Fund, such surplus moneys shall be released to the District upon its written direction. The Escrow Fund shall continue in effect until the date upon which the Escrow Agent makes the final payment to the Paying Agent for the Refunded Bonds in an amount sufficient to pay the Refunded Bonds as described in Schedule B hereto, whereupon the Escrow Agent shall sell or redeem any Escrow Securities remaining in the Escrow Fund, and shall remit to the District the proceeds thereof, together with all other money, if any, then remaining in the Escrow Fund. SECTION 10. REDEMPTION OF CERTAIN REFUNDED BONDS. The District hereby irrevocably instructs the Escrow Agent to direct, on behalf of the Issuer, that the Registrar and Paying Agent for the Refunded Bonds give at the appropriate times the notice or notices, if any, required by the Resolution in connection with the redemption of the Refunded Bonds. Such notice of redemption shall be given by the Registrar for such Refunded Bonds in accordance with the Resolution. The Refunded Bonds shall be redeemed on at a redemption price equal to 102% of the principal amount thereof plus interest accrued to the redemption date. SECTION 11. ESCROW FUND IRREVOCABLE. The Escrow Fund hereby created shall be irrevocable and the holders of the Refunded Bonds shall have an express lien on all Escrow Securities and the Cash Deposit deposited in the Escrow Fund pursuant to the terms hereof and the interest earnings thereon until paid out, used and applied in accordance with this Agreement and the Resolution. Neither the District nor the Escrow Agent shall cause nor permit any other lien or interest whatsoever to be imposed upon the Escrow Fund. SECTION 12. AMENDMENTS TO AGREEMENT. This Agreement is made for the benefit of the District and the holders from time to time of the Refunded Bonds and it shall not be repealed, revoked, altered or amended without the written consent of all such holders and the written consent of the Escrow Agent; provided, however, that the District and the Escrow Agent may, without the consent of, or notice to, such holders, enter into such agreements supplemental to this Agreement as shall not adversely affect the rights of such holders and as shall not be inconsistent with the terms and provisions of this Agreement, for any one or more of the following purposes: (a) to cure any ambiguity or formal defect or omission in this Agreement; (b) to grant, or confer upon, the Escrow Agent for the benefit of the holders of the Refunded Bonds, any additional rights, remedies, powers or authority that may lawfully be granted to, or conferred upon, such holders or the Escrow Agent; and (c) to subject to this Agreement additional funds, securities or properties. The Escrow Agent. shall be entitled to rely exclusively upon an opinion of nationally recog-nized Bond Counsel with respect to compliance with this Section 12, including the extent, if any, to which any change, modification or addition affects the rights of the holders of the Refunded Bonds, or that any instrument executed hereunder complies with the conditions and provisions of this Section 12. SECTION 13. FEES AND EXPENSES OF ESCROW AGENT; INDEMNIFICATION. In consideration of the services rendered by the Escrow Agent under this Agreement, the District agrees to and shall pay to the Escrow Agent the fees and expenses as shall be agreed to in writing by the parties hereto. The Escrow Agent shall have no lien whatsoever upon any of the Escrow Securities in said Escrow Fund for the payment of such proper fees and expenses. The District further agrees to indemnify and save the Escrow Agent harmless, to the extent allowed by law, against any liabilities which it may incur in the exercise and performance of its powers and duties hereunder, and which are not due to its negligence or misconduct. Indemnification provided under this Section 13 shall survive the termination of this Agreement. Whenever the Escrow Agent shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering or omitting any action under this Agreement, such matter may be deemed to be conclusively established by a certificate signed by an authorized officer of the District. The Escrow Agent may conclusively rely, as to the correctness of statements, conclusions and opinions therein, upon any certificate, report, 6 opinion or other document furnished to the Escrow Agent pursuant to any provision of this Agreement; the Escrow Agent shall be protected and shall not be liable for acting or proceeding, in good faith, upon such reliance; and the Escrow Agent shall be under no duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument. The Escrow Agent may consult with counsel, who may be counsel to the District or independent counsel, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith in accordance herewith. Prior to retaining such independent counsel, the Escrow Agetit shall notify the District of its intention. The Escrow Agent and its successors, agents and servants shall not be held to any personal liability whatsoever, in tort, contract or otherwise, by reason of the execution and delivery of this Agreement, the establishment of the Escrow Fund, the acceptance and disposition of the various moneys and funds described herein, the purchase, retention or payment, transfer or other application of funds or securities by the Escrow Agent in accordance with the provisions of this Agreement or any non-negligent act, omission or error of the Escrow Agent made in good faith in the conduct of its duties. The Escrow Agent shall, however, be liable to the District and to holders of the Refunded Bonds to the extent of their respective damages for negligent or willful acts, omissions or errors of the Escrow Agent which violate or fail to comply with the terms of this Agreement. The duties and obligations of the Escrow Agent shall be determined by the express provisions of this Agreement-. SECTION 14. REPORTING REQUIREMENTS OF ESCROW AGENT. As soon as practicable after ,2003, the Escrow Agent shall forward in writing to the District a statement in detail of the activity of the Escrow Fund. SECTION 15. RESIGNATION OR REMOVAL OF ESCROW AGENT. The Escrow Agent, at the time acting hereunder, may at any time resign and be discharged from the duties and obligations hereby created by giving not less than 20 days' written notice to the District and mailing notice thereof, specifying the date when such resignation will take effect to the holders of all Refunded Bonds then outstanding, but no such resignation shall take effect unless a successor Escrow Agent shall have been appointed by the holders of a majority in aggregate principal amount of the Refunded Bonds then outstanding or by the District as hereinafter provided and such successor Escrow Agent shall have accepted such appointment, in which event such resignation shall take effect immediately upon the appointment and acceptance of a successor Escrow Agent. 7 The Escrow Agent may be replaced at any time by an instrument or concurrent instruments in writing, delivered to the Escrow Agent and signed by either the District or the holders of a majority in aggregate principal amount of the Refunded Bonds then outstanding. Such instrument shall provide for the appointment of a successor Escrow Agent, which appointment shall occur simultaneously with the removal of the Escrow Agent. In the event the Escrow Agent hereunder shall resign or be removed, or be dissolved, or shall be in the course of dissolution or liquidation, or otherwise become incapable of acting hereunder, or in case the Escrow Agent shall be taken under the control of any public officer or officers, or of a receiver appointed by a court, a successor may be appointed by the District or by the holders ofa majorityin aggregate principal amount of the Refunded Bonds then outstanding by an instrument or' concurrent instruments in writing, signed by such holders, or by their attorneys in fact, duly authorized in writing. In the event the holders of the Refunded Bonds shall appoint a successor Escrow Agent, the District may appoint a temporary Escrow Agent to fill such vacancy until a successor Escrow Agent shall be appointed by the holders ora majority in aggregate principal amount of the Refunded Bonds then outstanding in the manner above provided, and any such temporary Escrow Agent so appointed by the District shall immediately and without further act be superseded by the Escrow Agent so appointed by such holders. The District shall mail notice of any such appointment made by it at the times and in the manner described in the first paragraph of this Section 15. In the event that no appointment of a successor Escrow Agent or a temporary successor Escrow Agent shall have been made by such holders or the District pursuant to the foregoing provisions of this Section 15 within 20 days after written notice of resignation of the Escrow Agent has been given to the District, the holder of any of the Refunded Bonds or any retiring Escrow Agent may apply to any court of competent jurisdiction for the appointment of a successor Escrow Agent, and such court may thereupon, after such notice, if any, as it shall deem proper, appoint a successor Escrow Agent. In the event of replacement or resignation of the Escrow Agent, the Escrow Agent shall remit to the District the prorated portion of prepaid fees not yet incurred or payable, less any termination fees and expenses at the time of discharge, and shall have no further liability hereunder and the District shall indemnify and hold harmless Escrow Agent from any such liability, including costs or expenses incurred by Escrow Agent or its counsel. No successor Escrow Agent shall be appointed unless such successor Escrow Agent shall be a corporation with .rust powers organized under the banking laws of the United States or any State, and shall have at the time of appointment capital and surplus of not less than $30,000,000. Every successor Escrow Agent appointed hereunder shall execute, acknowledge and deliver to its predecessor and to the District an instrument in writing accepting such appointment hereunder and thereupon such successor Escrow Agent, without any further act, deed or conveyance, shall become fully vested with all the rights, immunities, powers, trusts, duties and obligations of its predecessor; but such predecessor shall nevertheless, on the written request of such successor Escrow Agent or the District execute and deliver an instrument transferring to such successor Escrow Agent all the estates, properties, rights, powers and trust of such predecessor hereunder; and every predecessor Escrow Agent shall deliver all securities and moneys held by it to its successor; provided, however, that before any such delivery is required to be made, all fees, advances and expenses of the retiring or removed Escrow Agent shall be paid id full. Should any transfer, assignment or instrument in writing from the District be required by any successor Escrow Agent for more fully and certainly vesting in such successor Escrow Agent the estates, rights, powers and duties hereby vested or intended to be vested in the predecessor Escrow Agent, any such transfer, assignment and instruments in writing shall, on request, be executed, acknowledged and delivered by the District. Any corporation into which the Escrow Agent, or any successor to it in the trusts created by this Agreement, may be merged or converted or with which it or any successor to it may be consolidated, or any corporation resulting from any merger, conversion, consolidation or tax-free reorganization to which the Escrow Agent or any successor to it shall be a party shall be the successor Escrow Agent under this Agreement without the execution or filing of any paper or any other act on the part of any of the parties hereto, anything herein to the contrary notwithstanding. SECTION 16. TERMINATION OF AGREEMENT. This Agreement shall terminate when all transfers and payments required to be made by the Escrow Agent under the provisions hereof shall have been made. Upon such termination, all moneys remaining in the Escrow Fund shall be released to the District. SECTION 17. GOVERNING LAW. This Agreement shall be governed by the applicable laws of the State of Florida. SECTION 18. SEVERABILITY. If any one or more of the covenants or agreements provided in this Agreement on the part of the District or the Escrow Agent to be performed should be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreement shall be d:emed and construed to be severable from the remaining covenants and agreements herein contained and shall in no way affect the validity of the remaining provisions of this Agreement. 9 SECTION 19. COUNTERPARTS. This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument. SECTION 20. NOTICES. Any notice, authorization, request or demand required or permitted to be given in accordance with the terms of this Agreement shall be in writing and sent by registered or certified mail addressed to: Collier County Water-Sewer District c/o Collier County, Florida 3301 Tamiami Trail East Naples, Florida 34112 Atto: Finance Director Fifth Third Bank MD 10AT60 38 Fountain Square Plaza Cincinnati, Ohio 45263 Attn: Corporate Trust Department 10 IN WITNESS WHEREOF, the parties hereto have each caused this Escrow Deposit Agreement to be executed by their duly authorized officers and appointed officials and their seals to be hereunder affixed and attested as of the date first written herein. COLLIER COUNTY DISTRICT WATER-SEWER (SEAL) Chairman, Board of County Commissioners of Collier County, Florida, as the Ex-Officio Chairman of the Governing Board of the Collier County Water-Sewer District ATTEST: Clerk, Board of County Commissioners of Collier County, Florida, as the Ex-Officio Clerk of the Governing Board of the Collier County Water-Sewer District FIFTH THIRD BANK, as Escrow Agent (SEAL) By: Authorized Signatory 11 SCHEDULE A ESCROW SECURITIES Type Settlement Maturity Par Interest Date Date Amount Rate A-1 SCHEDULE B DEBT SERVICE REQUIREMENTS FOR REFUNDED BONDS Payment Date Principal'. Interest Total B-1 EXHIBIT E FORM OF CONTINUING DISCLOSURE CERTIFICATE CONTINUING DISCLOSURE CERTIFICATE This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by the Collier County Water-Sewer District (the "Issuer") in connection with the issuance of its $ Taxable Water and Sewer Refunding Revenue Bonds, Series 2003A (the "Series 2003A Bonds") and $ Water and Sewer Refunding Revenue Bonds, Series 2003B (the "Series 2003B Bonds" collectively, the "Bonds"). The Bonds are being issued pursuant to Resolution No. CWS-85-5 of the Issuer adopted on July 30, 1985, as restated, amended and supplemented, and as particularly supplemented by Resolution No. of the Issuer adopted on June 10, 2003 (collectively, the "Resolution"). The Issuer covenants and agrees as follows: SECTION 1. PURPOSE OF THE DISCLOSURE CERTIFICATE. This Disclosure Certificate is being executed and delivered by the Issuer for the benefit of the Holders and Beneficial Owners of the Bonds and in order to assist the Participating Underwriters in complying with the continuing disclosure requirements of Securities and Exchange Commission Rule 15c2-12. SECTION 2. DEFINITIONS. In addition to the definitions set forth in the Resolution which apply to any capitalized term used in this Disclosure Certificate, unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any Annual Report provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. "Dissemination Agent" shall mean the Issuer. or any successor Dissemination Agent, designated in writing by the Issuer and which has filed with the Issuer a written acceptance of such designation. "Listed Events" shall mean any of the events listed in Section 5(a) of this Disclosure Certificate. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. The National Repositories currently approved by the Securities and Exchange Commission are set forth in Exhibit B. "Participating Underwriters" shall mean the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Repository" shall mean each National Repository and each State Repository. "Rule" shall mean the continuing disclosure requirements of Rule I5c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. "State" shall mean the State of Florida. "State Repository" shall mean any public or private repository or entity designated by the State as a state information depository for the purpose of the Rule and recognized as such by the Securities and Exchange Commission. As of the date of this Certificate, there is no SI at~,'?~i'~rY*~i~ '~"~_~K', -o SECTION 3. PROVISION OF ANNUAL REPORTS. (a) The Issuer shall, or shall cause the Dissemination Agent to, not later than each April 30th, commencing April 30, 2004 with respect to the report for the 2003 fiscal year, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the Issuer may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date provided, further, in such event unaudited financial statements are required to be delivered as part of the Annual Report in accordance with Section 4(a) below. If the Issuer's fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(c). (b) Not later than fifteen (15) Business Days prior to the date set forth in (a) above, the Issuer shall provide the Annual Report to the Dissemination Agent (if other than the Issuer). If the Issuer is unable to provide to the Repositories an Annual Report by the date required in subsection (a), the Issuer shall send a notice to (i) each National Repository. or the Municipal Securities Rulemaking Board, and (ii) the State Repository in substantially the form attached as Exhibit A. (c) The Dissemination Agent shall: (i) determine each year prior to the date for providing the Annual Report the name and address of each National Repositow and the State Repository, if any: and (ii) if the Dissemination Agent is other than the Issuer. file a report with the Issuer certifying that the Annual Report has been provided pursuant to this Disclosure Certificate, stating the date it was provided and listing all the Repositories to which it was provided. SECTION 4. CONTENT OF ANNUAL REPORTS. The Issuer's Annual Report shall contain or include by reference the following: (a) the audited financial statements of the Issuer for the prior fiscal year, prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. If the Issuer's audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement dated ., 2003 (the "Official Statement"), and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. (b) updates to the following historical financial information and operating data presented in tabular form under the section entitled .~HE SYSTEM-'in the Official Statement: 1. Historical Sewer System and Water System Equivalent Residential Connections and Water and Sewer Accounts; 2. Summary of Existing and Future Water Rates; 3. Summary of Existing and Future Sewer Rates; 4. Summary of Existing Reuse Irrigation Rates; 5. Current System Development Fees; and 6. Historical Revenues, Expenses and Debt Service Coverage (last 5 fiscal years). The information provided under Section 4(b) may be included by specific reference to other documents, including official statements of debt issues of the Issuer or related public entities, which have been submitted to each of the Repositories or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The Issuer shall clearly identify each such other document so included by reference. SECTION 5. REPORTING OF SIGNIFICANT EVENTS. (a) Pursuant to the provisions of this Section 5, the Issuer shall give, or cause to be ~ven, notice of the occurrence of any of the following events with respect to the Bonds. if material: 1. prir~cipal and interest payment delinquencies; 2. non-payment related defaults; 3. unscheduled draws on the debt service reserves reflecting financial difficulties; 4. unscheduled draws on credit enhancements reflecting financial difficulties; 5. substitution of credit or liquidity providers, or their failure to perform; 6. adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7. modifications to rights of the holders of the Bonds: 8. Bond calls (other than scheduled mandatory redemption); 9. defeasances; 10. release, substitution, or sale of property securing repayment of the Bonds: 11. ratings changes; and 12. notice of any failure on the part of the Issuer to meet the requirements of Section 3 hereof. (b)Whenever the Issuer obtains knowledge of the occurrence of a Listed Event, the Issuer shall promptly determine if such event would be material under applicable federal securities laws; provided, however, that any event under clauses 4, 5, 6, 10, 11 and 12 above shall always be deemed to be material. (c) If the Issuer determines that knowledge of the occurrence of a Listed Event would be material under applicable federal securities laws, the Issuer shall promptly file a notice of such occurrence with (i) each National Repository or the Municipal Securities Rulemaking Board, and (ii) the State Repository. SECTION 6. TERMINATION OF REPORTING OBLIGATION. The Issuer's obligations under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds or if the Rule is repealed or no longer in effect. If such termination occurs prior to the final maturity of the Bonds, the Issuer shall give n~tice-e~f.-~s~ch termination in the same manner as f°r a Listed Event under Secti°n 5(c)' 3 SECTION 7. DISSEMINATION AGENT. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent shall not be responsible in any manner for the content of any notice or report prepared by the Issuer pursuant to this Disclosure Certificate. The initial Dissemination Agent shall be the Issuer. SECTION 8. AMENDMENT; WAIVER. Notwithstanding any other provision of this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied: (a) If the amendment or waiver relates to the provisions of Sections 3(a), 4, or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of the Issuer, or the type of business conducted; (b) The undertaking, as amended or taking into account such waiver, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the origanal issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) The amendment or waiver either (i) is approved by the holders or Beneficial Owners of the Bonds in the same manner as provided in the Resolution for amendments to the Resolution with the consent of holders or Beneficial Owners, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the holders or Beneficial Owners of the Bonds. In the event of any amendment or waiver of a provision of this Disclosure Certificate, the Issuer shall describe such amendment in the next Annual Report. and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the Issuer. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be g/ven in the same manner as for a Listed Event under Section 5(c), and (ii) the Annual Report for the year in which the change is made should present a comparison (in narrative form and also, ff feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. SECTION 9. ADDITIONAL INFOR~.L&TION. Nothing in this Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Ce~ificate. If the Issuer chooses to include anv information in any Annual Report or notice of occurrence of a Listed Event in addition to that whic~ is specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. SECTION 10. DEFAULT. In the event of a failure of the Issuer to comply with any provision of this Disclosure Certificate, any holder or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandamus or specific pertbrmance by court order, to cause the Issuer to comply with its obligations under this Disclosure Certificate; JUK O 2003 provided, however, the sole remedy under this Disclosure Certificate in the event of any failure of the Issuer to comply with the provisions of this Disclosure Certificate shall be an action to compel performance. A default under this Disclosure Certificate shall not be deemed an Event of Default under the Resolution. SECTION 11. DUTIES, IMMUNITIES AND LIABILITIES OF DISSEMINATION AGENT. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's negligence or willful misconduct. The obligations of the Issuer under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. [Remainder of page intentionally left blank] SECTION 12. BENEFICIARIES. This Disclosure Certificate shall inure solely to the benefit of the Issuer, the Dissemination Agent, the Participating Underwriters and holders and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity. Dated: ,2003 COLLIER COUNTY WATER-SEWER DISTRICT By: Chairman of the Board of County Commissioners EXHIBIT A NOTICE OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: Collier County Water-Sewer District Name of Bond Issue: $ Vaxable Water and Sewer Refunding Revenue Bonds, Series 2003A (the "Series 2003A Bonds") and $ Water and Sewer Refunding Revenue Bonds, Series 2003B (the "Series 2003B Bonds") Date of Issuance: ,, 2003 NOTICE IS HEREBY GIVEN that the Issuer has not provided an Annual Report with respect to the above-named Bonds as required by Sections 3 and 4Co) of the Continuing Disclosure Certificate dated as of , 2003. The Issuer anticipates that the Annual Report will be filed by Dated: COLLIER COUNTY WATER-SEWER DISTRICT By: Name: Tide: Exhibit A EXHIBIT B Nationally Recognized Municipal Securities Information Repositories approved by the Securities and Exchange Commission: Bloomberg Municipal Repository 100 Business Park Drive Skillman, NJ 08558 Phone: (609) 279-3225 Fax: (609) 279-5962 Emafl: Munisq~Bloomberg.com FT Interactive Data Attn: NRMSIR 100 William Street New York, NY 10038 Phone: (212) 771-6999 Fax: (212) 771-7390 (Secondary Market Information) (212) 771-7391 (Primary Market Information) Email: NRMSIR~FTID.com Standard & Poor's J.J. Kenny Repository 55 Water Street 45th Floor New York, NY 10041 Phone: (212) 438-4595 Fax: (212) 438-3975 Email: nrmsir repositor~'sandp.com DPC Data Inc. One Executive Drive Fort Lee, NJ 07024 Phone: (201) 346-0701 Fax: (201) 947-0107 Email: nrmsi~,,-~2dpcdata.com A list of names and addresses of all designated Nationally Recognized Municipal Securities Information Repositories as of any point in time is available bv visiting the SEC's website at www.sec.gov/info/municipal/nrmsir.htm. j:\boneks\439902\cdc2.doc Exhibit B [ EXECUTIVE SUMMARY APPROVE THE DEFERRAL OF A TDC CATEGORY "A" GRANT APPLICATION FOR THE MAINTENANCE PLACEMENT OF SAND ON HIDEAWAY BEACH IN THE AMOUNT OF $600,000 OBJECTIVE: To defer approval ofa TDC Category "A" grant application for the maintenance placement of sand on Hideaway Beach in the amount of $600,000, until a funding policy is approved by the Board of County Commissioners. CONSIDERATIONS: Engineering services have been ordered to design a phased beach restoration project on Hideaway Beach for an estimated 250,000 cubic yards of sand fill with erosion control structures at South Point and Royal Marco Point including an offshore sand search. This project will not be ready for construction any earlier than November 2004. In the mean time, the permits that allowed for the 1995 and 1997 construction of the temporary T-groins require that the beach profile be surveyed every six months and that sand be placed to maintain the beach profile. Sand has been trucked in nearly every winter since the structures were erected. This past winter, approximately 22,000 cubic yards of sand were placed on the south end of Hideaway Beach and at Royal Marco Point. On March 25, 2003, the Board of County Commissioners discussed whether or not to continue placing sand prior to the beginning of turtle season on May 1, 2003. Though it was decided not to continue at that time, it is very likely that additional sand will be required this coming winter. The Coastal Advisory Committee recommended approval of this grant application at their meeting on May 8, 2003. On May 28, 2003, the Tourist Development Council recommended deferring a recommendation until a funding policy is developed. FISCAL IMPACT: $600,000 is available for appropriation in the Tourist Development Tax FY2003/2004 budget. GROWTH MANAGEMENT IMPACT: The Growth Management Plan Conservation and Coastal Management Element, Section 10.2 states "The County shall continue to insure that access to beaches, shores and waterways remain available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition." And "Evaluate appropriate public access intervals for renourished beaches considering the demand for recreation and the ability of the natural system to support the demand. If existing access is not sufficient, then the County shall acquire additional access points as a part of the renourishment project." RECOMMENDATION: grant application for the maintenance placement of sand on Hideaway Beach in the $600,000, until a funding policy is approved by the Board of County Commissione] That the Board of County Commissioners defer a TDC Category "A" amount of JUN 1 0 2003 SUBMITTED BY: REVIEWED BY: REVIE Tv'ED BY: APPROVED BY: C~ Projects Manager Ja~~ct°r Date: Date: ~"/c~/0.~ Denny Baker, Financial Admin. & Housing Director ~_ 5~r'~~ Date: h K. Schmitt, Administrator Community Development & Environmental Services OL JUN 1 0 2003 EXHIBIT A Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance HIDEAWAY BEACH RENOURISHMENT WITH UPLAND SAND e Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Contact Person, Title and Phone Number: Ron Hovell, Coastal Proiects Manager Public Utilities Engineering Department Phone: 530-5342, FAX: 530-5378 6. 7. 8. Organization's Chief Official and Title: Commissioner Tom Henning, Chairman Board of County Commissioners Project Description[and location]: Re-nourishment of roughly 30,000 tons of upland sand on Hideaway Beach. Estimated project start date: Estimated project duration: Total amount requested: October 2003 3 months $600~000 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) JUN 1 0 2003 Collier County Tourist Development Council Grant Application Page 2 PROJECT BUDGET HIDEAWAY BEACH RENOURISHMENT WITH UPLAND SAND PROGRAM ELEMENT AMOUNT Engineering services $25,000 Construction $575,000 TOTAL $600,000 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Organization's Chief Official or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(H)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineering effective October 1998 and is currently Director of Public Utilities Engineering. JPl.U N/ 1 0 2003 EXECUTIVE SUMMARY ADOPTION OF RESOLUTION 2003-_ TO APPROVE A LAND PURCHASING POLICY FOR THE ACQUISITION OF ENVIRONMENTALLY SENSITIVE LANDS AS AUTHORIZED BY THE CONSERVATION COLLIER LAND ACQUISITON PROGRAM. OBJECTIVE: To obtain Board approval of a land purchasing policy as recommended by the Conservation Collier Land Acquisition Advisory Committee (CCLAAC). CONSIDERATION: On December 3, 2002, the Board of County Commissioners approved Ordinance 2002-63, which implements the Conservation Collier Land Acquisition Program. The Ordinance provides for the CCLAAC to recommend selection or acquisition policies and procedures. Determining the policies and procedures to be used in the Conservation Collier Land Acquisition Program has been among the first considerations of the CCLAAC. A key procedural issue is how to value land the county seeks to acquire. After review of the issue by subcommittee and discussion by the full Committee on May 12, 2003, the CCLAAC has unanimously recommended the attached polic3 fox' land purchasing. The proposed policy incorporates Federal and State land acquisition procedures, is currently used for the purchase of County lands and is recommended by the Collier County Real Estate Services Dept. The attached policy provides for: ),- A methodology to secure narrative appraisal reports and determine the offer amount o For properties valued at less than $500,000, one appraisal is required and the offered amount will be that identified in the appraisal. o For properties of $500,000 or greater, two appraisals are required and the offer amount will be the average of the two appraisals. If the appraisals differ by more than 20%, a third appraisal shall be used and the offer amount will be the average of the two closest appraisals. >- The use of Florida Division of State Lands-approved appraisers, ~ A methodology for the acquisition process, including: obtaining title commitments, making contact with sellers to discuss possible whole or partial donation, making an offer, cleanng title, closing the transaction, and >. Designating the division of transaction expenses between sellers and the County. The attached Resolution provides for the recommended land purchasing policy to pursue the acquisition of environmentally endangered and sensitive water resource land for conservation and public benefit. Accordingly, the attached Resolution represents the BCC's land purchasing policy for the Conservation Collier Land Acquisition Program. 2003 FISCAL IMPACT: Adopting the Resolution to approve the policy will not in itself cause a fiscal impact. The policy will direct a fair market value to be offered to willing sellers and will set the upper limit at that value so that the potential sellers and the public may have a clear understanding and an expectation of consistency for how the Program will determine the value of proposed acquisitions. GROWTH MANAGEMENT IMPACT: Acquiring environmentally sensitive lands will support various policies in the Conservation and Coastal Management Element. RECOMMENDATION: That the Board of County Commissioners adopt and authorize the Chairman to sign the attached Resolution providing for the land purchasing policy for the Conservation Collier Land Acquisition Program. PREPARED BY: REVIEWED BY: ,, ~.,,~L..4.~,\ ,Z~ ~_ DATE: Alexand'ra J. Sulecki, Sr. Environmental Specialist Environmental Services Department Charles Camngton, Dire :clr Real Estate Services Department REVIEWED BY: A?g i-iam D. LorenzO, Jr., P.L/(., ISirector Environmental Services Department (~cquiline Hubb~d Robinson ~ssistant County Attorney /J4eph K. Sc~mit{, CDES ~ministrator ommunity Development & Environmental Services RESOLUTION NO. 2003- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COM1VHSSIONERS APPROVING THE LAND PURCHASINO POLICY FOR THE ACQUISITION OF ENVIRONMENTALLY SENSITIVE LANDS BY THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM. WHEREAS, Collier County has recognized the neexl to plan for future growth and has initiated a long-term program, known as Conservation Collier, to aexluire, protect, restore and manage environmentally sensitive lands in perpetuity and to provide public open space for the benefit of present and future generations; and WHEREAS, The Conservation Collier Program seeks to acquire property based upon a reasonable and appropriate purchase price; and WHEREAS, Collier County desires to establish a methodology to value lands considered for acquisition; and WHEREAS, The Conservation Collier Land Acquisition Advisory Committee (CCLAAC) is charged with recommending acquisition policies. NOW, TI-IEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, IN OPEN MEETING DULY ASSEMBI.ED IN THE BOARD OF COUNTY COMMISSIONERS CHAMBERS AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, TI[IS ~ FOLLOW S: SECTION I. Findings It is found and declared that: (A) (B) (c) DAY OF .... 2003, A.D., HAVE RESOLVEDAS A written policy and procedure for how the Conservation Collier Program values land is required. The Collier County Real Estate Services Department has a current policy for the purchase of lands that incorporates State and Federal Land acquisition procedures. The CCLAAC, first in subcommittee and then after discussion by the full Committee on May 12, 2003, has unanimously recommended a policy for land purchasing in the Conservation Collier Program. SECTION II. Be it further resolved that the Collier County Board of County comrmssioners adopts the following Property Acquisition Policy for the Conservation Collier Program~ (A) Offer Amount Methodoloa¥: 1. If the estimated value of the property is less than $500,000.00, Real Estate Set'ices Department staff shall secure one narrative appraisal report from a licensed independent real estate appraiser on an approved list with Collier County and on the Florida Division of State Lands list of appraisers. The Offer Amount will be equal to the appraised value. 2. If the estimated value of the property is $500,000.00 or greater, Real Estate Services Department staff shall: a. Secure two narrative appraisal reports from licensed independent real estate appraisers on Collier County's and the Florida Division of State Land's list of - 1 - 2003 approved appraisers. The Offer Amount will be equal to the average of the two appraisals. b. Should the two appraised values differ by an amount greater than 20% of the lowest appraisal, a third appraisal will be ordered and the two appraisals nearest in appraised value will be averaged to arrive at the Offer Amount. 3. All appraisals will be reviewed by Collier County's Real Estate Services Department's staff appraiser and any appraisal that does not meet generally accepted appraisal standards will not be used to arrive at the Offer Amount. Either the appraiser must bring the appraisal to compliance or a replacement appraisal will be ordered and used to determine the Offer Amount. (B)Acquisition Process: 1. Upon authorization by the BCC to proceed with acquisition of properties included on the "Active Acquisition List," the Real Estate Services Department will order Title Commitments for each property on the Active Acquisition List. 2. Upon receipt of Title Commitments, the Real Estate Services Department will send certified letters to the owners of the properties on the Active Acquisition List outlining the appraisal and Offer Amount procedure and request a response regarding whether they remain favorable to going forward with the sale. Owners will also be advised that the County will accept whole or partial land donations. Staff will follow-up by telephone within five (5) business days of the letter being mailed. 3. For all properties with positive responses from their owners, the Real Estate Services Department will order real estate appraisals in accordance with the policy outlined in the Offer Amount Methodology above. Appraisals will not be secured on property being donated. 4. Upon receipt of appraisals, the Real Estate Services Department's staff appraiser will provide a review and, if the appraisals meet appraisal standards, the staff appraiser will determine the Offer Amount according to the policy outlined in the Offer Amount Methodology above. Collier County will not agree to pay a higher amount nor give consideration to an owner's appraisal. 5. The Real Estate Services Department's acquisition staff will contact each owner and advise him or her of the Offer Amount for the property. A letter verifying the Offer Amount and a proposed Pumhase Contract will be mailed to each owner within ten (10) bus'aess days of making the Offer Amount to the owner. Staff will follow-up by telephone within five (5) business days of the letter being mailed. 6. Copies of appraisals will be made available to owners upon request 7. Upon receipt of a signed Contract from the property owner(s), Real Estate Services Department staff will present the Contract to the Board of County Commissioners for approval. If appn)ved, staff will present the Contract to the Chairman for execution. Staff will then proceed to clear title acc~-ptable to the - 2 - 16, ll I JUN 10 2003 J County Attorney's Office. After the title is cleared, staff sh~ll schedule a closing date. 8. Post closing, Real Estate Services will record all required documents, secure a Title Insurance Policy, and release the property to the Environmental Services Department. (C) Expenses: 1. Sellers shall be responsible for the costs of Documentary Stamps on all deeds, satisfactions of liens, and for the costs to clear title. 2. Collier County shall be responsible for the casts of appraisals, title commitments, title insurance, recording of deeds, environmental audits, and property surveys, if required by the County. SECTION IlL Effective Date. This Resolution shall go into effect immediately upon its passage and adoption. DONE AND ORDERED IN OPEN MEETING. This Resolution adopted this and majority vote favoring same. ATTEST: DWIGHT E. BROCK, Clerk day of ,2003 after motion, second BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: TOM HENNING, Chairman Approved as to form and legal sufficiency: 14:qu~iine Hubbard Robinson Njsistant County Attorney ! JUN102003 [ EXECUTIVE SUMMARY ADOPTION OF RESOLUTION 2003-_ TO APPROVE A TARGET PROTECTION AREA MAILING STRATEGY FOR THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM OBJECTIVE: To obtain Board approval of a Target Protection Area mailing strategy as recommended by the Collier County Land Acquisition Advisory Committee (CCLAAC). CONSIDERATION: Section 10 (3) of the enabling Ordinance 2002-63 provides for an initial list of four Target Protection Areas (TPAs) as identified on the attached map, including: All designated Urban Land with predominantly native vegetative cover; All undeveloped lands with predominantly native vegetative cover in the Northern Golden Gate Estates; All Collier County Natural Resource Protection Areas and Sending Lands; and The Flow-way and Habitat Stew'ardship Areas. Section 13(1) of Ordinance 2002-63 directs County staff to send letters of inquiry to all property owners within these TPAs. During review of procedures necessary to accomplish this goal it was found that the number of properties represented in these four TPAs is approximately 117,400, making a simultaneous mail-out not realistic, practical or cost effective. Additionally, the ordinance does not distinguish between developed and undeveloped properties within these TPAs, in effect requiting mailing to properties that will not be considered for acquisition. Pursuing this strategy is considered an inefficient use of County resources and one that may create confusion about the Program for members of the public owning commercially and residentially developed properties who could receive letters asking if their property is for sale. In considering projected and actual staff resources, it has been determined that, without outsourcing for services, staff can reasonably expect to purchase approximately 12 parcels per year. Using real and projected rates of return of positive interest generated by the letters, it has been determined that mailing approximately 1000 interest letters will result in approximately 30 parcels for review and ranking on the Active Acquisition List. Combined with nominations submitted by the public or individual landowners, this is considered to be a realistic number of properties for staff to process and for the Advisory Committee to evaluate and rank in creating the initial Active Acquisition List. Therefore, a strategy was devised to accomplish the intent of the ordinance in a more practical manner by targeting appropriate lands within these TPAs by means of a criteria-based, phased mailing. J U N 1 0 2003 The proposed strategy for the initial mailing, therefore, is to send approximately 1,000 interest query letters to owners of undeveloped properties within all four TPAs that meet the following criteria: ~, Urban parcels greater than 10 acres and more than 50% vegetated, urban parcels located west of Airport Road between 5 and 10 acres and more than 50% vegetated and those of any size containing Xeric Scrub plant communities or being contiguous to existing Conservation Lands, 3- North Golden Gate Estates parcels greater than 5 acres in size, more than 50% vegetated and that aggregate up to more than 25 acres in one location, )~ Sending Lands parcels greater than 100 acres and 75% or more vegetated, and > Flow-way (FSA) and Habitat Stewardship (HSA) Areas greater than 100 acres and 75% or more vegetated. The number of parcels and acreage involved in the first property interest letter mail-out using the above criteria are distributed across the four TPAs as follows: Number of Parcels Estimated Acreage 1. Urban Area 564 5,967 2. North Golden Gate Estates 396 2,137 3. Sending/NRPA Lands 58 8,417 4. FSA/HSAs 57 35,096 Total 1,075 51,617 (These numbers are the result of a query to the County's GIS system and the actual numbers may change between the date of the query and the actual mail out but the relative distribution among the four TPAs should be essentially the same as the above values.) Subsequent mail outs would include properties from each TPA, however, prior to the mail out, the Collier County Land Acquisition Advisory Committee (CCLAAC) shall reevaluate criteria to appropriately capture the group of properties having a progressively lower environmental sensitivity and will forward this recommendation to the BCC for its approval. This cycle shall be repeated until either all undeveloped properties in the TPAs have been sent an inquiry letter or Conservation Collier funds are spent. Nominations by third parties or property owners from other areas of the County can occur at any time. The attached Resolution reflects the Target Protection Area Mailing Strategy unanimously recommended by the CCLAAC at its May 12, 2003 meeting. FISCAL IMPACT: The strategy will allow for the efficient and appropriate use of staff and resources to accomplish the overall goal of targeting those Collier County lands that are the most environmentally sensitive and under the most development pressure for public acquisition. The this selective mail-out will cost approximately $400 as opposed to roughly $40,000 if letters were to be sent to all property owners in the four identified TPAs. Funds are already budgeted in the Conservation Collier FY03 budget to accomplish the proposed mail-out strat~ gy, ASENDA :_ l GROWTH MANAGEMENT IMPACT: Acquiring environmentally sensitive lands throughout Target Protection Areas will provide for equitable distribution of conservation lands, which will support various policies in the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving a Target Protection Areas mailing strategy for the Conservation Collier Program. PREPARED BY: ,._ ~4-~4 --~ ~-' [~-<--'-' DATE: Alexandra J. Sulecki,, Sr./'Environmenta] Specialist Environmental Services Department ,3' Z /~ _ c'; J REVIEWED BY: :~iam D. Loren Sr., p.ff.7 D~rector Environmental Services Department DATE: APPROVED BY: ,.."5 ~~, ,~ DATE: -'~ ?~/~'''//~ 2~ / J/6seph K.,Schmitt, CDES Administrator /  ommunity Development & Environmental Services JUN 1 0 2003. Kluno9 pJ'l~OJ~] I o .-1 KlunoO aPeCl 0 0 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF COLIJER, FLORIDA, APPROVING A TARGET PROTECTION AREA MAILING STRATEGY FOR THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM; PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County has recognized the need to plan for futur~ growth and has initiated a long-term program, known as Conservation Collier, to acquire, protect, restore and manage environmentally sensitive lands in perpetuity and to provide public open space for the benefit of present and future generations; and WI-IEREAS, Conservation Collier Program includes identification and protection of Collier County's natural resources, including upland and wetland communities, native plant communities, endemic species, endangered species habitat, water resources and aesthetic or other natural features; and WHEREAS, Protected lands include those that provide appropriate natural resource- based recreational and educational opportunities, protect local water resources, provide flood control; and WHEREAS, The Conservation Collier Ordinance No. 2002-63, has described Target Protection Areas (TPA); and WHEREAS, Section 13 (1) of Ordinance No. 2002-63 provides that County staff will send letters of inquiry to all property owners within these Target Protection Areas. NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNq'Y, FLORDA, IN OPEN ,MEETING DULY ASSEMBLED IN TIlE BOARD OF COUNTY COMMISSIONERS CHAMBERS AT 3301 EAST TAMIAMI TRAL, NAPLES, FLORIDA, THIS __ DAY OF ,2003, A.D., HAVE RESOLVED AS FOLLOWS: SECTION I. Findings It is found and declared that: (A) The cost of a simultaneous mailing of letters to all property owners within all Target Protection Areas will be approximately $40,000, as opposed to $400 for a mailing to criteria-based properties from all Target Protection Areas that meet program goals and criteria. (B) Using estimated rates of return of positive interest generated by property owner interest letters, it has been determined that mailing approximately 1000 interest letters will result in approximately 30 parcels for review and ranking on the Active Acquisition List. Combined with nominations submitted by the public or individual landowners, this is considered to be a realistic number of properties for staff to process and for the CCLAAC to evaluate and rank in creating the initial Active Acquisition List. (C) There has been a subcommittee recommendation that was unanimously approved by the CCLAAC on May 12, 2003, describing the strategy and first update of the Target Areas Protection List. This strategy is to modify the broad TPA list into an initial property interest letter mail-out, targeting those lands having the highest environmental value and to continue, with each successive mailing cycle, to target appropriate lands within TPAs, by means of a criteria-based, equitably distributed, phased mailing until all undeveloped properties within the TPAs have been sent an inquiry letter or all Conservation Collier funds have been spent. (D) The CCLAAC is authorized by Ordinance No. 2002-63 to recommend an update to the Target Protection Areas List and selection strategy to the Board of County Commissioners to fulfill the purposes of the Conservation Collier Program. (E) This Resolution is adopted pursuant to applicable provisions of law. JUN SECTION II. Be it also resolved that Collier County Board of County Commissioners adopt _the following Initial Mail-out and TPA Update Strategy: 1. Staff shall send approximately 1,000 interest query letters to owners of undeveloped properties within all four (4) TPAs that meet the following criteria: a. Urban parcels greater than 10 acres and more than 50% vegetated, urban parcels located west of Airport Road between 5 and 10 acres and more than 50% vegetated and those of any size containing Xeric Scrub plant communities or being contiguous to existing Conservation Lands, b. North Golden Gate Estates parcels greater than 5 acres in size, more than 50% vegetated and that aggregate up to more than 25 acres in one location, c. Sending Lands parcels greater than 100 acres and 75% or more vegetated, and d. Flow-way (FSA) and Habitat Stewardship (HSA) Areas greater than 100 acres and more than 75% vegetated. 2. The number of parcels and acreage involved in the first property interest letter mail- out using the above criteria are distributed across the 4 TPAs as follows: Number of Parcels Estimated Acreage 1. Urban Area 564 5,967 2. North Golden Gate Estates 396 2,137 3. SendinfffNRPA Lands 58 8,417 4. FSAfHSAs 57 35,096 Total 1,075 51,617 (These numbers are the result of a query to the County's GIS system and the actual numbers may change between the date of the query and the actual mail out but the relative distribution among the 4 TPAs should be essentially the same as the above values.) 3. Subsequent mail outs will include properties from each TPA, however, prior to the mail out, the CCLAAC shall re-evaluate criteria to appropriately capture the group of properties having a progressively lower environmental sensitivity and will forward this recommendation to the Board of County Commissioners for its approval. This cycle shall be repeated until either all undeveloped properties in the TPAs have been sent an inquiry letter or all Conservation Collier funds are spent. SECTION IlL Effective Date. This Resolution shall go into effect immediately upon its passage and adoption. DONE AND ORDERED IN OPEN MEETING. This Resolution adopted this day of and majority vote favoring same. ,2003 after motion, second ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: TOM HENNING, Chairman Approved as to form and legal sufficiency: sCqU~line Hubbard Robinson sistant County Attorney EXECUTIVE SUMMARY, APPROVAL OF SELECTION COMMITTEE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR RFP 03-3504 "CONSULTANT SERVICES FOR IMPACT FEE STUDIES - EMERGENCY MEDICAL SERVICES" OBJECTIVE: To receive Board approval of Committee's ranking of firms for professional consultant services in the preparation of an Emergency Medical Services Impact Fee update study, and authorization to begin contract negotiations for subsequent Board approval of contract. CON$11:ll::RATION$: Section 74-502 of the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, sets forth requirements for Impact Fee Studies to reviewed and updated at least every three (3) years. The last review and update of the Emergency Medical Services Impact Fee, which enacted the current Emergency Medical Services Impact Fees, became effective October 1, 2000. The Request for Proposal (RFP) was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on March 31, 2003. Notices were sent to eighty-five (85) firms and responses were received from four (4) firms by the due date of April 25, 2002. A Selection Committee meeting was held on May 20, 2003, and after review, scoring and discussion of the proposals, by consensus of the members, the firms were selected for the short list as follows. With Board approval, negotiations will commence with the top ranked firm. 1. Henderson, Young & Company 2. Tindale-Oliver & Associates, Inc. 3. Wilbur Smith Associates FISCAL IMPACT: There is no fiscal impact associated with the ranking of these firms. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the ranking of these firms. · 'S RECOMMENDATION: That the Board of County Commissioners approve the Comrmttee selection of firms and authorize staff to begin Contract negotiations with the top ranked firm in the order of their ranking. JUN 1 0 2003 SUBMITTED BY: REVIEWED BY: APPROVED BY: APPROVED BY: APPROVED BY: Amy Pat,{erson, Impac~Fee Coordinator Denton Baker, Director Financial Administration ahd Housing Steve Carnell, DiPector, Purchasing Date: Jo0h Dunnuck, Administrator Public Services Date: 5'//Z 2/0.5' /Js~seph K. Schmitt, Administrator (,.~ommunity Development and Environmental Services Division Date: EXECUTIVE SUMMARY APPROVAL OF SELECTION COMMITTEE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR RFP 03-3504 "CONSULTANT SERVICES FOR IMPACT FEE STUDIES - "GOVERNMENT BUILDINGS" OBJECTIVE: To receive Board approval of Committee's ranking of firms for professional consultant services in the preparation of a new Government Buildings Impact Fee study, and authorization to begin contract negotiations for subsequent Board approval of the contract. COIq$1DI::RATIOIq$: Collier County has never had an impact fee to provide financial funding for the construction of general government buildings. The adoption of a Government Buildings Impact Fee will provide the necessary financial resources for public buildings and facilities required to meet the demands of growth. The Request for Proposal (RFP) was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on March 31, 2003. Notices were sent to eighty-five (85) firms and responses were received from four (4) fn'ms by the due date of April 25, 2002. A Selection Committee meeting was held on May 29, 2003, and after review, scoring and discussion of the proposals, by consensus of the members, the firms were selected for the short list as follows. With Board approval, negotiations will commence with the top ranked firm. 1. Tindale-Oliver & Associates, Inc. 2. Henderson Young & Company 3. Hartman & Associates, Inc. FISCAL IMPACT: There is no fiscal impact associated with the ranking of these firms. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the ranking of these firms. RECOMMENDATION: That the Board of County Commissioners approve the Committee's selection of firms and authorize staff to begin Contract negotiations with the top ranked fu'm in the order of their ranking. JUN 1 fl 2003 RFP #03;3504 Page 2 SUBMITTED BY: REVIEWED BY: APPROVED BY: ~mly ~e~son, ~nI~,~ ~e C°°~=°~ /~/'~/'5~"J~~ Date: Denton Baker, Director Financial Administration and Housing Steve Camell, Director, Purchasing APPROVED BY: ~~~ (--.~'ip (amp, Director Facilities Management Date: Date: APPROVED BY: JoSeph K. Schmitt, Administrator Community Development and Environmental Services Division J UN 1 0 2003 EXECUTIVE SUMMARY APPROVAL OF SELECTION COMMITTEE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR RFP 03-3504 "CONSULTANT SERVICES FOR IMPACT FEE STUDIES - LIBRARY SYSTEM" OBJECTI' ~E: To receive Board approval of Committee's ranking of firms for professional consultant services in the preparation of a Library System Impact Fee update study, and authorization to begin contract negotiations for subsequent Board approval of contract. CONSIDERATIONS: Section 74-502 of the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, sets forth requirements for Impact Fee Studies to reviewed and updated at least every three (3) years. The last review and update of the Library System Impact Fee, which enacted the current Library System Impact Fees, became effective October 1, 2000. The Request for Proposal (RFP) was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on March 31, 2003. Notices were sent to eighty-five (85) firms and responses were received from four (4) firms by the due date of April 25, 2002. A Selection Committee meeting was held on Max' 22, 2003, and after review, scoring and discussion of the proposals, by consensus of the members, the'firms were selected for the short list as follows. With Board approval, negotiations will commence with the top ranked firm. 1. Tindale-Oliver & Associates, Inc. 2. Henderson, Young & Company 3. Hartman & Associates, Inc. FISCAL IMPACT: There is no fiscal impact associated with the ranking of these firms. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the ranking of these firms. RECOMMENDATION: That the Board of County Commissioners approve the Cc mmittee's selection of firms and authorize staff to begin Contract negotiations with the top ranked firm in the order of their ranking. JUN 10 20133 SUBMITTED BY: REVIEWED BY: APPROVED BY: APPROVED BY: APPROVED BY: ..... Amy Pattk'rson, ImPliCit Fee Coordinator Denton Baker, Director Financial Administration and Housing 4 ('~, (-~'~77 Date: gteve Carnell, I~irector, Purchasing J~0~n Dunnuck, Administrator Pfiblic Services // ' '~' Date:~'~ /J~eph K. Schmitt, A0m~mstrator (/ommunity Development and Environmental Services Division JUN 10 2003 EXECUTIVE SUMMARY REQUEST TO ACCEPT AN ALTERNATE SECURITY FOR THAT SUBDIVISION KNOWN AS GLEN EDEN, PHASE TWO, AND ENTER INTO A NEW CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE NEW DEVELOPER OBJECTIVEs To accept an alternate security for Glen Eden, Phase Two, and enter into a new Construction and Maintenance Agreement with the current developer. CONSIDERATIONS= On June 22, 1999 the Board of County Commissioners approved the final plat of Eden on the Bay, Phase Two, and entered into a Construction and Maintenance Agreement and accepted a Letter of Credit as security for the required improvements. A new developer has purchased the property and has provided a Construction and Maintenance Agreement and a Letter of Credit as the required security. This would be in conformance with Section 3.2.9.1.5 of the Land Development Code. The security document has been reviewed and approved as to form by the County Attorney's office. FISCAL IMPACT: The fiscal impact to the County is as follows: The security amount is $38,152.21. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center 138900 - Development Services Revenue generated by this project Total $7,095.05, reflected in the Executive Summary of June 22, 1999 GROWTH MANAGEMENT IMPACT: There is no growth management impact RECOMMENDATIONs 1 ) That the Board of County Commissioners accept the alternate security and enter into a new Construction and Maintenance Agreement with the current developer. J UN 1 0 20O3 Executive Summary Glen Eden Phase Two Page 2 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) Authorize the release of the existing security and return of the current Construction and Maintenance Agreement. PREPARED BY: ~ohh Ri H6u[~sworth Senior Engineer Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director APPROALED BY: / / ~o~eph K. S~m~tt, Ad~inistrato /CoK~nunity Development & Environmenual Services ommunity Dev. and Environmental Svcs. DIVISION JUN 1 0 2003 This lnstrumen! Prepared By: David P. Hopstetter, Esq. Young, van Assenderp, Varnadoe & Anderson, P.A. P.O. Box 7907 Naples, FI 34101-7907 AMENDED CONSTRUCTION, MAINTENANCE AND SECURITY AGREEMENT FOR SUBDIVISION IMPROVEMENTS GLEN EDEN, PHASE TWO THIS AMENDED CONSTRUCTION, MAINTENANCE AND SECURITY AGREEMENT FOR SUBDIVISION IMPROVEMENTS is entered into on the __ day of , 2003 by and between SUNNY DAYS, INC., a Florida corporation ("Developer"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter the "Board"). RECITALS REVCO/GE JOINT VENTURE, a Florida general partnership ("REVCO") and the Board previously entered into a Construction. Maintenance and Security Agreement for Subdivision Improvements for Glen Eden. Phase Two dated August 1, 2000 ("Original Agreement"). At that time REVCO was the developer of Glen Eden Phase Two (the "Project"). A true of copy of the agreement is attached as Exhibit "A" and made a part hereof. The Developer has acquired the Project from REVCO and is now responsible for completion of the performance required the Original Agreement. The parties desire to amend the Original Agreement in accordance with the terms and conditions set forth herein. NOW THEREFORE, in consideration of the foregoing premises and mutual covenants herein set forth, Developer and the Board do hereby covenant and agree as follows: Developer is hereby substituted in the place of REVCO as the Developer under the Original Agreement as amended he eby (the "Amended Agreement"). The parties acknowledge that the amount Developer is presently required to guarantee performance under this Amended Agreement concerning the Project is Ihirty-eight Thousand One Hundred Fifty-two and 21/100 Dollars ($38,152.21 ). Developer has obtained from Branch Banking and Trust a good and sufficient let~ credit in the amount required to be posted pursuant to this Amended Agreement. Board acknowledges receipt and posting of the letter of credit. The - ~ JUN 1 0 2003 Developer will continue to maintain and shall cause to be constructed the water, sewer, roads drainage (and like facilities) and the Required Improvements to be constructed pursuant to specifications that have been approved by the Development Services Director, within twelve (12) months from the date of this Amended Agreement, unless further extended by agreement of the parties. All other terms and conditions of the Original Agreement are incorporated herein by reference to the same extent as if fully set forth herein. To the extent there is a conflict between the terms of the Original Agreement and this Amended Agreement, the terms hereof shall control. IN WITNESS WHEREOF, the Board and Developer have caused this Amended Agreement to be executed by their duly authorized representatives this __ day of ,2003. Singed, sealed and delivered in the presence of: DEVELOPER: Witness Print Name: SUNNY DAYS, INC., a Florida corporation By: Damon Warfe~E/~id'ent Attest: Dwight E. Brock, Clerk By:. Deputy Clerk ~ :~al sufficiency: Patrick G. White, Assistant County Attorney F:\users~,DPH\S unnydays\counb'-glenedenphase2ag~030403 '.', pd BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman 2003 IRREVOCABLE STANDBY LETTER OF CREDIT No. 2003-5 Issuer: BRANCH BANKING AND TRUST CO., a North Carolina banking corporation, 1410 Piedmont Road East, Tallahassee, FL 32308 Issued in Tallahassee, Florida on January 30, 2003 Place of Expiry is at Issuer's counters located at 8840 Tamiami Trail North, Naples, FL Date of Expiry: This Credit shall be valid until January 30, 2004, and shall thereafter be automatically rene~ved for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: SUNNY DAYS, INC., a Florida corporation (hereinafter "Applicant"), 1085 Business Lane Suite # 10, Naples, FL 34110-8470 BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") C/o Office of the County Attorney, Collier County Courthouse Complex Naples, Florida AMOUNT OF CREDIT: $38,152.21 (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER CERTIFYING THAT: Sunny Days, Inc., a Florida corporation has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision know as Glen Eden Phase II or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary" DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST r~E MARKED: "Drawn under Branch Banking and Trust Co. Credit No. 2003-5, dated January 30, 2003". The original letter of credit and all amendments, if any, must be presented for proper endorsement. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to an,v documents, instrument, or agreement referenced to herein or in which this letter of crE lit relates, and any such reference shall not be deemed to incorporate herein by reference ~nv _ . document, instrument or agreement. JUN 1 I) 2OO3 C:'J3BTDATA\fsb\DOCS J~IYDEALS~unny Days~Sunny Days Letter of Credit-GlenEdenPhaseIl042803.DOC II~· I Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this credit will be duly honored by Issuer if presented within the validity of this credit. This credit is subject to the "Uniform Customs and Practices for Documentary Credit (1993 Revision), International Chamber of Commerce Brochure No. 500". BRANCH BANKING AND TRUST CO., Print Name: William T. Mattice Title: Regional President State of Florida County of Leon The foregoing instrument was acknowledged on E/.~- ,2003, by William T. Mattice, Regional President of Branch Banking and Trust Co., a North Carolina banking corporation, on behalf of the corporation. He is personally known to me to be the Regional President of Branch Banking and Trust Co. Notary Public, State of Florida My Commission expires: Brian S. Robir~on I~,Y COMMiSSiON # CC89~.1~1 EXP~ES December 9, 2003 804~D TH~J T~O¥ FA~ ~ IfeC. C:~BBTDATAkfsb\DOCS~k4YDEALS~Sunny DaysLSunny Days Letter of Crcdit-GlenEdcnPhasel1042803.DOC 2 JUN 1 0 2003 EXECUTIVE SUMMARY APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS AUTHORIZING SUBMISSION OF THE 2003 CONTINUUM OF CARE CONSOLIDATED GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), AND AUTHORIZING THE CHAIRMAN OF THE BCC TO SIGN THE APPLICATION ON BEHALF OF THE cOUNTY. OBJECTIVE: The CDES Financial Administration and Housing Department (FAH) is requesting approval from the Board of County Commissioners to submit the attached 2003 Continuum of Care (CoC) Consolidated Grant Application. CONSIDERATIONS:. At it's May 27, 2003 meeting, the BCC gave approval for the County to become the Lead Agency applying on behalf of the County's social service agencies for the annual Cot?titltlt#tl of Care grant application to }IUD. Included in this consolidated application are requests for five projects that will benefit the homeless population in Collier County. The Collier County Board of Commissioners is the applicant for all five projects. Each project has a sponsor that, if awarded, will receive funding from HUD through the Collier County Department of Financial Administration and Housing to carry out each project. Following is a table listing each project: Priorit,~ Amount Requeste.d. ' Proiect Sponsor and Title Empowerment Alliance of Southwest Florida Community. Development 1 $440,000 Co_.9..~oration/immokalee Permanent Housing '~ ;155,599 Collier County Hunger & Homeless - Coalition/Dedicated HMIS Collier County Department of Human 3 $200.970 Services/Rental Assistance/Prescription vledication Assistance Pro[~ram 4 2atholic Charities of Collier County/Mental ;99,645 Health Counselin~ for Homeless Clients 5 The Learning Connection of Naples/Project $182,700 2ducation Please see attached project descriptions. Due to the length of the project applications, they are not included here but are available for review in the Financial Administration and Housing Department. I~o. t ~ ~ t~ JUN 1 0 2003 FISCAL IMPACT: Collier County (FAH) will receive 2.5% for administration as allowable per HUD regulations. The total grant amount requested is $1,078,914. Of this total, HUD allows the applicant (Collier County) to keep a maximum of two and one-half (2.5%) percent for administration. However, per HUD regulations the lmmokalee Permanent Housing project cannot request any funding for administration. Therefore, the total amount Collier County will receive for administration is $15,973. These funds have no effect on ad valorem or general fund dollars. GROWTH MANAGEMENT IMPACT: This request has no effect on the County's Growth Management Plan. RECOMMENDATION: The Board of County Commissioners approves the 2003 Continuum of Care Grant Application to the United States Department of Housing and Urban Development (HUD), and authorizing the Chairman of the BCC to sign the application on behalf of County. Jar~en Person-Coale. BUD Gran'i Coordinator Financial Administration and Housing REVIEWED BY: Lee ,Combs. HUD/Federal Grants Manager Findnc'!,at.,A,d~inistratign and Housing REVIEWED BY: H. Denton Baker, Director Financial Administratio~wand Housing APPROVED / BY' /" ' ,5o~ph-~:'. Schff~itt; ^dmini,~rator / / /~munity Development & Environmental Services 2003 2003 Continuum of Care Project Description,,s, The Empowennent Alliance of Southwest Florida Conununity Development Corporation (EASF): Immokalee Permanent Housing Project for Persons with Disabilities - $440,0000 a. Project sponsor proposes to purchase land and consltuct four duplex structures for a total of eight units for homeless persons and t~amilies ~,ith disabilities in Immokalee. The EASF has identified property adjacent to their current single-family housing development for this project. They will be overseeing the project development, acquisition of the site, site engineering, and construction el the project m cooperation with tile Collier County l-lousing Authority (CCHA). Once completed, CCHA will manage the properties and assist the resident in accessing supportive services. Collier Count>' Hunger & Homeless Coalition - HMIS: $155,$99 a. Project sponsor proposes to implement the Homeless Management Information System (HMIS), a computerized data collection system specifically designed to capture client informa.tion .data over time on the characteristics and ser~ ice needs of men, women and children experiencing homelessness in Collier County. The U. S. Department of Housing and Urban Development is requiring all Continuum of Care grant recipients to implement and HMIS by October of 2004. This project sponsor plans to have the HMiS fully implemented beginning in August of 2004 with six agencies who have agreed to participate in the initial system implementation process. These agencies include: Catholic Charities of Collier County, Child Care of SW Florida, Collier County Department of Human Services, David Lawrence Center, Immokalee Friendship House and St. Matthews House. Assistance Program for Lm~ Income ~_otl~c Count>' Human Services- Rental Assistance and Medication Residents of Collier County: ~ a. Project sponsor proposes two programs within this project. The first program component is to assist men and women who ha~,e recei~ ed a formal notice of eviction from their landlord and are facing eviction with seven (7) days of application for assistance from the Collier Count)' Department of Human Services. The second program component seek~ to assist indNiduats ~'ho are currentl> homeless and being treated through the David Lawrence Center crisis stabilization unit and are in need of prescription medications to stabilize their symptoms to enable them to seek permanent housing in Collier County. For this component, the CC Human Services Department will work collaboratively with the David Lawrence Center to administer the prescription medication program. "' 'qes Mental Health and Counselim: Services: ~ Catholic t_nam '- - a. Project sponsor proposes to hire one bi-lingual mental health counselor who will provide therapy for homeless individuals and fan~ilies experiencing homelessness. Over sixty (60) percent of the clients served in this program ~ill be individuals residing in and around the Immokalee area. The balance of clients served will be from, but not limited to the East Naples or Golden Gate communities. The licensed clinician hired for this position will perform clinical assessments and treatment plans and referrals for additional services will be provided. It is anticipated that seventy (70) percent of the client referrals will come from area shelters such as the lmmokalee Friendship House, St. Matthews and the Salvation Army. The remaining thirty 30) percent will seek services as a 'walk-in' from the street or as a referral from other social service ageucies. 5. Learning Connection - Project Education: ~ a. Project sponsor prolx~ses annually to provide educational supportive services to sixty student youth and thirty adult homeless individuals Collier County. Project education is divided into two parts. The acronym ACTS stands for advocacy, consultation and tutorial services for children. L ....... ,~ e~, ,~; ............ in:, adult ~otential for adults. Ninety percen? will be referred through area shelters and the remaining ten percent w~m~ oe reterr~ un t,~,,~,~, , ..~ .... Collier County Public Schools, various sociai service agencies and word-of-moutI. I~ }(~/-'~ 7 / 'uN o'o0' Application for Federal Assistance U.S. Department of Housing and Urban Development OMB Approval No.2501-O017 (exp. 03/31/2005) 2. Date Submitted $. HUD Application Number O6/16/2O03 1. Type of Submission r~ Application D 3. Date and Time Received by HUD 5. Grant Number Preapplicafion Existing 3. Applicant Idenbficatien Number 7. Applicant's Legal Name ~. Organ~ Unit ~,,~llier County Board of County Commissione~ ! Financial Administration and Housing Deparlmen~ 9. Address (give city, county, State, and zip code) 10. Name,title,telephona number,fax number, and e-mail of the person to be A. Address: 3050 N. Ho~'seshoe Ddve, ~Y275 contacted on matters involving this application (including area codes) B. City:. Naples A. Name: Janeen D. Perso~-Coale C. County: Collier B. Title: HUD Grants Coordinator D. State: FIodda C. Phone: (239) 213-2901 E. Zip Code: 34104 D. Fax: (239) 403-2331 E. E-mail: JaneenPerson(~::olliergov.net 1. Employer identification Number (EI N) or SSN 12. Type of Applicant (enter appropriate letter in box) ~ B 59-6000558 A. State I. University or College B. County J. Indian Tribe 13. Type of Application C. Municipal K. Tdbally Designated Housing Entity (TDHE) X3New D Continuation D Renewal D Revision D. Township L. Individual E. Interstate M. Profit Organization ,,.evasion. enter approp ate le,ers box/es) I--I I--I F. ,nte. un c pa, N. ,on-,ro,t A. Increase Amount B. Decrease Amount C. Increase Duration G. Special District O. Public Housing Authority D. Decrease Duration E. Other (Specify) H. Independent School District P. Other (Specify) 14. Name of Federal Agency U.S. Department of Housing and Urban Development 15. Catalog of Federal Domestic Assistance (CFDA) Number 16. Descriptive Title of Applicant's Program I1 4 -- 235 Collier County Continuum of Care Title: Supportive Housing (SHP) Component Title: Permanent Housing (PH) & Supprotive Services 17. Areas affected by Program (boroughs, cities, counties, States, Indian Reservation, etc.) Collier County 18a. Proposed Program start date 118b. Proposed Program end date 19a. Congressional Districts of Applicant 119b. Congressional Districts of 611/04~ 5/31/07 14 & 25 Iprogram 14 & 25 20. Estimated Funding: Applicant must complete the Funding Matrix on Page 2. 21. Is Application subject to review by State Executive Order 12372 Process? m A. Yes This preappiicatior~application was made available to the Slate Executive Order 12372 Process for review on: Date B. No x Program is not covered by E.O. 12372 Program has not been selected by State for review. 22. Is the Applicant delinquent on any Federal debt? W No D Yes If "Yes,' explain below or attach explanation. an Previous versions of HUD-424 and 424-M are obsolete form HUI Page 1 of 2 ref. OMI -424 (01i2u~,~) c" lQl°l 0 2003 Funding Matrix The applicant must provide I~e funding matrix slx)wn below, listing each program fer w~o% HUD ft~-~i-,g is requested, and oumpiate the cmtifications. Grant Program' HUD Sh~.-~ Suppot0ve Hot~g 1,078,914.00 Match 747.7(X3.00 Oth~HUD Funds 01her Fe~e,'~ Sham Share Total 1,826,614~00 0.00 0.00 0.00 ~mn~'rota~s 1,078,914.00 747,700.00 For FHIPs, show 0oth initiative and cornponent 0.00 0.00 0.00 0.00 0.00 Certifications I ce~dfy, to the best of my knowledge and belief, that no Federal appropdatad funds have been paid, or will be paid, by or on behalf 3f the applicant, to any person for influenCing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member ot' Congress, in connection with the awarding of this Federal grant or its extension, renewal, amendment or modification. If funds other than Federal appropriated funds have or will be paid for influencing or attempting to influence the persons listed above, I shall complete and submit Standard Forma_LL, Disclosure Form to Report Lobbying. I certify that I shall require all sub awards at all tiers (including sub-grants and contracts} to simitarty certJ6/and disclose accordingly. Federally recognized Indian Tdbes and tribally designated housing entities [TDHEs) established by Federally.racognized Indian tribes as a result of the exercise of the tribe's sovereign power are excluded from coverage of the Byrd Amendment, but State-recognized Indian tdbes and TDHEs established under State law ara not excluded from the statute's coverage. This application incorporates the Assurances and Certifications (HUD-424B) attached to this application or renews and incorporates for the funding you are seeking the Assurances and Certflications currently on file with HUD. To the best of my knowledge and belief, all information in this application is true and correct and constitutes matedal representation of fact upon which HUD may rely in awarding the agreement- 23. Signature of Authorized Official [Name (p,;,,;.~,,,;) Torn Henning Title Chair, Collier County Board of County Commissioners previous versions of HUD.-424 and 424-M ara obsolete. Page 2 of 2 Date (mrn/dd/yyyy) 06/10/2003 ~orm ref. Applicant Certification (These certified statements are required by law.) A. For the Supportive Housing (SHP), Shelter Plus Care (S+C), and Single Room Occupancy (SRO) programs: 1. Fair Housing and Equal Opportunity. It will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000(d)) and regulations pursuant thereto (Title 24 CFR part I), which state that no person in the United States shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance, and will immediately take any measures necessary to effectuate this agreement. With reference to the real property and structure(s) thereon which are provided or improved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer, transferee, for the period during which the real property and structure(s) are used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. It will comply with the Fair Housing Act (42 U.S.C. 3601-19), as amended, and with implementing regulations at 24 CFR part 100, which prohibit discrimination in housing on the basis of race, color, religion, sex, disability, familial status or national origin. It will comply with Executive Order 11063 on Equal Opportunity in Housing and with implementing regulations at 24 CFR Part 107 which prohibit discrimination because of race, color, creed, sex or national origin in housing and related facilities provided with Federal financial assistance. It will comply with Executive Order 11246 and all regulations pursuant thereto (41 CFR Chapter 60-1), which state that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal contracts and shall take affirmative action to ensure equal employment opportunity. The applicant will incorporate, or cause to be incorporated, into any contract for construction work as defined in Section 130.5 of HUD regulations the equal opportunity clause required by Section 130.15(b) of the HUD regulations. It will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701 (u)), and regulations pursuant thereto (24 CFR Part 135), which require that to the greatest extent feasible opportunities for training and employment be given to lower-income residents of the project and contracts for work in connection with the project be awarded in substantial part to persons residing in the area of the project. It will comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and with implementing regulations at 24 CFR Part 8, which prohibit discrimination based on disability in Federally-assisted and conducted programs and activities. It will comply with the Age Discrimination Act of 1975 (42 U.S.C. 6101-07), as amended, and implementing regulations at 24 CFR Part 146, which prohibit discrimination because of age in projects and activities receiving Federal financial assistance. It will comply with Executive Orders 11625, 12432, and 12138, which state that program participants shall take affirmative action to encourage participation by businesses owned and operated by members of minority groups and women. If persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for assistance are unlikely to be reached, it will establish additional procedures to ensure that interested persons can obtain information concerning the assistance. It will comply with the reasonable modification and accommodation requirements and, as appropriate, the accessibility requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of 1973, as amended. Additional for S+C: If applicant has established a preference for targeted populations of disabled persons pursuant to 24 CFR 582.330(a), it will comply with this section's nondiscrimination requirements within the designated population. 2. Drug - Free Workplace. It will provide drug-flee workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 U.S.C. 701) by: (a) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) establishing an ongoing drag-free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantees policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilita ion, and employee assistance programs; and HUD-40076-CoC AGENDA IT~' ' JUN 1 0 2003 003) IM. (.D (4) the penalties that may be imposed upon employees for drag abuse violations occurring in the workplace; (c) making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) abide by the terms of the statement; and (2) notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; (f) talcing one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; (g) making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f); (h) providing the street address, city, county, state and zip code for the site or sites where the performance of work in connection with the grant will take place. For some applicants who have functions carried out by employees in several departments or offices, more than one location may need to be specified. It is further recognized that States and other applicants who become grantees may add or change sites as a result of changes to program activities during the course of grant-funded activities. Grantees, in such cases, are required to advise the HUD Field Office by submitting a revised Place of Performance form. The period covered by the certification extends until all funds under the specific grant have been expended. 3. Anti-Lobbying. (a) No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and of more than $100,000 for each such failure. (c) 4. Debarment. It and its principals (see 24 CFR 24.105(p)): (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions (see 24 CFR 24.. 1 I0) by any Federal department or agency; (b) have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) are not presently indicated for or otherwise criminally or civilly charged by a governmental (d) entity (Federal, State or local) with commi any of the offenses enumerated in (b) of th{ certification; and have not within a three-year period precedi application/proposal had one or more publi4 HUD-40076-Co( this - JUN 1 0 2003 transactions (Federal, State or local) terminated for cause or default. 5. Uniform Act. It will comply with the Uniform Relocation and Real Property Acquisition Policies Act of 1970 (as amended), and the implementing regulations at: 24 CFR 583.310 for SHP, 24 CFR 582.335 for S+C, and 24 CFR 882.810 for SRO. B. For SHP Only. 1. Maintenance of Effort. It will comply with the maintenance of effort requirements described at 24 CFR 583.150(a). 2. 20-Year Operation Rule. For applicants receiving assistance for acquisition, rehabilitation or new construction: The project will be operated for no less than 20 years from the date of initial occupancy or the date of initial service provision for the purpose specified in the application. 3. 1-Year Operation Rule. For applicants receiving assistance for supportixe services, leasing, or operating costs but not receiving assistance for acquisition, rehabilitation, or new construction: The project will be operated for the purpose specified in the application for any year for which such assistance is provided. 4. Environmental Rule. (a) If the applicant is a State or other governmenta! entity with general governmental powers (see 24 CFR 583.5), it assumes all the environmental review responsibility that would otherwise be performed by HUD as the responsible Federal official under the National Environmental Policy Act (42 U.S.C. 4321 ) (NEPA) and related environmental laws and authorities listed in 24 CFR part 58, including acceptance of jurisdiction of the Federal courts, and will assess the environmental effects of each application for assistance in accordance with the provisions of NEPA and 24 CFR part 58. (b) If the applicant is a private nonprofit organization or a governmental entity with special or limited purpose powers, it will (i) not enter into a contract for, or otherwise commit HUD or local funds for, acquisition, rehabilitation, conversion, lease, repair, or construction of property to provide housing under the program, prior to HUI~'s completion of an environmental review in accordance with 24 CFR Part 50 and HUD's approval of the application; (ii) supply HUD with information necessary for HUD to perform any applicable environmental review when requested under 24 CFR 583.225(a); and (iii) carry out mitigating measures required by HUD or ensure that alternate sites are utilized. C. For S+C Only. 1. Maintenance of Effort. It will comply with the maintenanc~ of effort requirements described at 24 CFR 582.115(d). 2. Supportive Services. It will make available supportive services appropriate to the needs of the population served and equal in value to the aggregate amount of rental assistance funded by HUD for the full term of the rental assistance and that it will fund the supportive services itself if the planned resources do not become available for any reason. 3. Components: Standards, Definitions, and $3,000 Minimum. (a) For the SRO component only, the proposed site meets HUD's site and neighborhood standards (24 CFR 882.803(b)(4), and meets the regulatory definition of single room occupancy housing (24 CFR 882.802). (b) For the SRO and PRA with rehabilitation components, the rehabilitation costs will meet the per unit rehabihtation minimum of $3,000. 4. Environmental Rule. (b) If the applicant is not a PHA, it assumes all the environmental review responsibility that would otherwise be performed by HUD as the responsible Federal official under the National Environmental Policy Act (42 U.S.C. 4321)(NEPA) and related environmental laws and authorities listed in 24 CFR Part 58, including acceptance of jurisdiction of the Federal courts, and will assess the environmental effects of each application for assistance in accordance with the provisions of NEPA and 24 CFR Part 58. If the applicant is a PHA. it will (i) not enter into a contract for, or otherwise commit HUD or local funds for, acquisition, rehabilitation, conversion, lease, repair, or construction of property to provide housing under the program, prior to HUD's completion of an environmental review in accordance with 24 CFR Part 50 and HUD's approval of the application; (ii) supply HUD with information necessary for HUD to perform any applicable environmental review when requested under 24 CFR 583.225(a); and (iii) carry out mitigating measures required by HUD or ensure that alternate sites are utilized. AGEI~,~ II1~ JUN 1 0 D. For SRO Only. 1. Standards, Definitions, and $3,000 Minimum. The proposed site meets HUD's site and neighborhood standards (24 CFR 882.803(b)(4)), meets thc regulatory definition of single room occupancy housing (24 CFR 882.802), and ~hc rehabilitation costs will met the [ocr unit rehabilitation minimum of $3,000. 2. Environmental Rule. It will comply with the environmental review requirement for thc SRO Program at 24 CFR 882.804(d). E. For SHP and SRO 1. Nonprofit Board of Directors. For private nonprofit applicants, members of its Board of Directors serve in a volunlary capacity and receive no compensmion, other than reimbursement for expenses, for their services. F. For Slip and S+C. 1. Lead-Based Paint. It will comply with the requirements of thc Lead- Based Paint Poisoning Prevention Act, 42 U.S.C. 4821-4846, and implementing regulations at 24 CFR Part 35. G. For S+C and SRO. 1. PHA Qualification. For PHA applicants, that it qualifies as a Public Housing Agency as specified in 24 CFR 882.102 and is legally qualified and authorized to carry out the proposed project(s). H. Explanation. Where the applicant is unable to certify to any of the statements in this certification, such applicant shall attach an explanation behind this page. Signature of Authorized Certifying Official: I Date: June 10, 2003 Title: Chair, Collier County Board of Commissioners Applicant: Collier County Board of Commissioners For PHA Applicants Only: (PHA Number) JUN 1 0 2003 HUD-40076-CoC (2003) Special Project Certification Coordination and Integration of Mainstream Programs All applicants must certify for their project(s) and submit this certification along with form HUD-424 as part of their Continuum of Care application. (You may submit a single certification covering all of your projects.) I hereby certify that if our organization's project(s) (are) selected for funding as a result of this competition, we will coordinate and integrate our homeless program with other mainstream health, social services, and employment programs for which homeless populations may be eligible, including SSI, Temporary Assistance for Needy Families, Medicaid, Food Stamps, State Children's Health Insurance Program, Workforce Investment Act and Veterans Health Care programs. Authorized signature of applicant (required for all applicants) Chair, Collier County Board of Commissioners Position Title June 10. 2003 Date AC~.NDA ITi~4 Form HUD-40076-CoC (2003) Special Project Certification Discharge Policy Required of all State and local government applicants. Submit this certification along with the HUD form HUD-424. (You may submit a single certification covering all of your projects.) I hereby certify that as a condition for any funding received as a result of this competition, our government agrees to develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. I understand that this condition for award is intended to emphasize that States and units of general local government are primarily responsible for the care of these individuals, and that McKinney-Vento Act funds are not be to used to assist such persons in place of State and local resources. Authorized signature of applicant (required only for applicants that are States or units of general local governmenO Chair, Collier County Board of Commissioners Position Title June 10, 2003 Date Form HUD-400' JUN 1 0 2003 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 See reverse for public burden disclosure.I 1. Type of Federal Action: [a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance Approved by OMB 0348-0046 2. Status of Federal Action: [a. bid/offer/application b. initial award c. post-award 3. Report Type: [a. initial filing b. matedal change For Material Change Only: year quarter date of last report 4. Name and Address of Reporting Entity: ITl Prime [] Subawardee Tier , if known' Congressional District, if known: 14 & 15 6. Federal Department/Agency: U.S. Department of Housing & Urban Development 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of PHme: N/^ Congressional District, if known: 7. Federal Program Name/Description: CFDA Number, if applicable: 14-235 8. Federal Action Number, if known: 9. Award Amount, if known: N/A $ 10. a. Name and Address of Lobbying Registrant N/A (if individual, last name, first name, MI): '~1 Informatio~! requested thn~ugh this form is authorized by rifle 31 U.S.C. section -' 1352. This disclosure of lobbying activities is a material representatio~ of fact upon which reliance was placed by the ~er above when this transaction was made or entered into. Tlli$ disclosure is required pumuant to 31 U.S.C. 1352. This information will be reposed to the Congress semi-annually and will be available for public ins~-tJon. A~y person who fails to file the requital disclosure shall be subject to a civil penalty of nol less thai $10,000 and not more than $100,000 for each such failure. b. Individuals Performing Services (including address if different from No. 1Od) (last name, first name, MI): N/A Signature: Print Name: Tom Henning Title: Chair, Collier County Board of Commissioners Telephone No.: 239.774.8097 Date: June I0,200: Federal Use Only: Authorized for Local Reproduction Standard Form LLL (Rev. 7-97) 2003 CoC Consolidated Application 2003 Application Summary This is the first page of your application. Remove this page and place it in the front of your application. Continmnn of Care (CoC) Name: Collier County Continuum of Care CoC Contact Person and Organization: Janeen D. Person-Coale, Collier County Department of Financial Admini.Cwation and Housin~ Address: 3050 N. Horseshoe Drive, Su/te 275, Nanles. FL 34104 Phone Number. (239) 213-2901. E-mail Address: JaneenPerson~colliergov.net Continuum of Care Geography Using the Geographic Area Guide, list the name and the six-digit geographic code number for each city and/or county tmrticipating in your Continuum of Care. Because the geography covered by your system will affect your Need score, it is important to be accurate. Enter the name of every//steal city and/or county that makes up the geography for your Continuum of Care system and its assigned code. Leaving out a jurisdiction could reduce your pro rata need amount. Adding in a jurisdiction that is not really part of your system is likely to significantly reduce your score. Before completing, please read the NOFA guidance and page 2 of this apphcation regarding geographically overlapping Continuum of Care systems. Geographic Area Name 6-digit Code Collier County 129021 Naples 122064 Everglades City No Listing Immokalee No Listing Marco Island No Listing JUN 1 I} ~1}03 I 2003 CoC Consolidated Application Continuum of Care Narrative Your Continuum of Cafe's accomplishments. Briefly describe the specific accomplishments over the past 12 months in implementing your Continuum of Care strategy. (Please keep discussion to no more than halfa page) The past twelve months reflect tremendous progress with regard to the accompliahments of the Collier County Hunger & Homeless Coalition (Coalition) and its work to implement its Continuum of Care (CoC) process and goals. As the community ~:mlinues to progress toward the nltimate goal of ending chronic homelessaess, it is striving to provide permanent, transitional and emergency housing in concert with a menu of supportive services necessary for its homeless population to obtain self-s~fficiency. The Continuum Committee, composed of Coalition members and others, is embarking on a long-range strategic planning process that will increase the planning and implementation of the CoC strategy for CoLlier County. Following is a i/st highlighting several key accomplirahments: · Obtained IRS 501(c)(3) non-profit status for the Coalition to enable a more formali?exl structure and enable the organi~'ation to become eligible for a wider variety of funding to support the CoC p~s and strategies. · Hired a Coordinator for the Coalition who works thirty-plus (30) hours per week in support of the mission of the Coalition, which is, "..to support the planning, delivery and coordination of services to the homeless and hungry of Collier County". · Attained approval from the Collier County Board of Commissioners to become the CoC Lead Entity to more effectively leverage the collaboration between both entities in meeting the needs of Collier County's homeless population, while strengthening the planning for this population in relation to HUD's Consolidated Plan and Annual One-Year Action Plans. The April 23, 2002 Continuum Steering Committee meeting minutes stated, "Based on reports on goals for the coming year, it was determined that the CoC needs to focus on four areas: ... 3) engage the Collier County Board of Commissioners in the CoC process with technology, financial and human resources". · Awarded a grant of $745,500 for the implementation of a faith-based organization's transitional housing project, including a supportive services faciliw, from the State of Florida Office on Homelessness. · Successful application for membership to the Collier County United Way Agency. through a competitive process, which will provide annual salary support to the Coalition for the Coordinator position be~nnmg in January of 2004. · Succeeded in raising the community's awareness of the Coalition's CoC efforts to end homelessness in Collier County. Outreach was conducted through press releases and interaction with other community groups as well as specific activities such as the December Candlelight Vigil, Coalition brochure, Point-m-Time Survey and Get-Help Clinics. · Increased Coalition membership from thin3/-five (35) to fifty-six (56) members including the addition of kev community partners such as the Collier County School District; Collier County Department of Human Services; State Department of Children & Families; Florida Rural Legal Services; Empowerment Alliance of SW FL (a State certified CHDO) and the Southwest FL Workforce Development Board. · Awarded a grant from the Commum .ty Foundation of Collier County to engage the services of a consultant, leading the CoC Committee through a five (5) year strategic planning process as xvell as to further the work of this committee in setting objectives and measuring outcomes to increase accountability. · Increased the number of transitional and permanent housing beds for homeless clients in Collier CounD'. · Successfully engaged the Empowerment Alliance of SW FL to develop permanent, affordable housing in rural Immokalee for homeless individuals and families in collaboration with the Collier County Housing Authority. · Implemented a formal H]V[IS planning process and obtained written commitments from six (6) Coalition members as the initial participants in the Continuum's I-IMIS. · Received a Community Development Block Grant (CDBG), whic~t is being used as seed money and match to obtain additional funding for HMIS implementation. JUN 0 2003 2003 CoC Consolidated Application Section 2 Collier County Continuum Planning Process: a. The CoC Lead Entity: Collier County Department of Financial Administration and Housing The applicant for the 2003 HUD CoC Homeless Assistance grant is the Collier County Board of Commissioners (BCC). The lead agency facilitating the CoC process is the Collier County Deimmnent of Financial Administration and Housing (FAIt) in working collaboration with the Cote Committee, a sub-oommittee of the Coalition In addition to being designated as the CoC lead agency, the FAIl Department of Collier County is the lead agency in the preparation of the County's Consolidated Plan/One-Year Action Plan. The deparm~ent also operates and ~dmiRisters the County's Commtmity Development Block Grant (CDBG), Home Investment Parmerships (HOME) ~ State Housing Initiatives Partnership (SI-I~) affordable housing programs. Previous to the 2003 application the Coalition acted in the role of Lead Entity for the CoC process facili~_~ng successful applications in 2001 and 2002 for Collier County's homeless population. After meetings between representatives of the Coalition Steering Committee and County Government staff, the Coalition formally requested that Collier County Government accept the role of CoC Lead Entity based on the knowledge and expertise of FAH staff, their active involvement with the Coalition and CoC planning process to date, as well as their expertise in grants management. FAIt staff is using the Coalition mounted a_nmlal Point-m-Time and provider surveys as well as needs and service information compiled for the Consolidated Plan as the data upon which this 2003 Exhibit I is composed. To facilitate the CoC process, FAIt staff in parmership with the Continuum Committee offered a series of CoC traimng and technical assistance workshops, acts as liaison with local government, facilitates meetings, promotes grants to all potential applicants, solicits citizen input and beginning with the 2003 application is coordinating the preparation and submission of the annual Collier County Homeless Continuum of Care. The FAH Department will be responsible for the administration and monitoring of all contracts for SHP projects awarded funding by the United States Department of Housing and Urban Development (HUD). The FAH department is in a unique position that will allow it to effectively facilitate the CoC process on behalf of the Coalition. The department administers entitlement programs that complement CoC funding goals and strategies. Both the BCC and the Coalition recognized the integral relationship between measuring and developing a plan to meet the needs of the County's homeless population as required by the Consolidated Plan and One-Year Action Plans for entitlement communities. On January 28, 2003, the BCC unammously voted to accept the proposal from the Coalition to become CoC Lead Enti~. and designating the FAIl Department as the lead agen~ facilitating the CoC process. b. Continuum Planninp Process: Throughout the year, advocacy and networking have been hallmarks of the Collier County CoC process. The addition of a paid staff position for the Coalition has enabled the Continuum process to increase its training and education of Coalition members regarding their potential to better identify and fill existing gaps in housing and ser~4ces to the homeless population. The Coalition has been the mainstay of the CoC delivery system in Collier County since revitali?afion of the Continuum process in September of 2000. The saxong local leadership from those non-profit organizations serving the homeless population can truly be credited as the catalyst for reviving the CoC process and moving it consistently forward as evidenced by the list of accomplishments in item 1. Understanding the need to focus on the CoC process year-round, Continuum Committee meetings as well as technical assistance training workshops and HMIS committee meetings have been held monthly. Key participants in the planning process have been members of the Coalition Steering Committee, Collier County FAH de'~artment and City of Naples planning department staff as well as consumers and other homeless service providers in.erested in a higher level of parficipatio~ The implementation of a formal HMIS planmng process has also brought additional service providers to the planning table with respect to long-rallge strategic planning. To better understand the Continuum process in Collier County, it is important to be aware of its collaborative application history, which is only now into its third year of submittal. The first consolidated Collier County CoC application was submitted to HUD in May 2001 after a revitalization of the Coalition Steering Commitl 2000. The Coalition identified a critical need for in~d services to the homeless and at-risk o population in Collier County, and the Coalition Steering Committee determined that establishing a loca HUD funding was the best way to improve service delivery. The 2001 application was submitted fo~ behalf of four nonprofit agencies to fill high priority gaps in service identified through the Continuum funded this application for $801,120 granted to St. Matthews House for its Woffe Apartments and the Sal 2 2003 CoC Consolidated Application for its transitional living center program The remaining apphcant projects, Shelter lbr Abused Women and David Lawrence Center were not funded. The 2002 CoC application for Collier County was submitted to HUD for $766,000 on behalf of three nonprofit agencies including St Matthews House, the Shelter for Abused Women and Child Care SW Florida and was awarded $566,000 for the permanem and transitional housing applications submitted by St. Matthews House and the Shelter. Child Care of SW Florida was not funded. Prior to the 2001 application, the only Continuum recipient in Collier Cotmiy was the Salvation Army, which received funding in 1999 for its transitional living program. Collier County is a drastically dichotomous community, with a large number of res/dents, full-time and seasonal, representing affluence and wealth concentrated in Collier's coastal areas. The County's work/ag-poor res/dents are mainly concentrated in several non-coastal areas, particularly/n the Immokalee community. Adding to this mix is the influx of affiuem seasonal tourists, and it is clear that Collier County's economy/s primarily based awnnd meeting the consumer needs of the affluent population. The County was created in 1923 from portions of Lee and Monroe counties. and is located in the southern gulf coast of the Florida peninsula, west of the Miam/-Ft_ Lauderdale area. In Collier County, there are three incorporated cities: Naples,/Vlarco Island and Everglades City. Naples, located m the western coastal area of Collier County, is the largest incorporated city. Starting/n the late 1980s and throughout the 1990s, the County., which is also known as the Naples Metropolitan Statistical Area (3~SA), had one of the highest percentages of gro~th of any MSA m the country. Everglades City and Marco Island respectively are south and cast of the Greater Naples Urban Area. Over a 30-year period, the county's population has grown from 38,040 in 1970 to an estimated 264,475 persons as of April 1, 2001. From 1980 until 1990, Collier County's population grew 77%, while the state grew by 33%, and the U.S. grew by 10%. Between 1990 and 2000, Collier County's permanent population increased by 99,278 persons, a 65% increase. Population 1990 Census 2000 Census Collier (total) 152,099 251,377 Everglades City 321 479 M arco Island N/A 14,879 Naples 19,505 20,976 Unincorporated 132,273 215,043 Soztrce: U.S. Census B~ereau, 2001. The County's population is projected to continue its strong grov,~.h over the foreseeable future. According to the Bureau of Economic and Business Research (BEBR) 2002 Collier's population increased 5.21 percent between April 1, 2000 and April 1, 2001. The County is expected to add almost 150,000 people during the next 15 years, ~4th researchers projecting a Collier County population of 553,348 by 2030. Collier is one of four mid-sized Florida counties expected to increase by 110 percent or more over their 2000 populations. In addition to its permanem population, the County has a huge seasonal influx that swells its population during the warm winter season (November-April) by almost 40%. The vast majority of this seasonal population is affluent, which visit or maintain vacation homes in the County primarily along its coastal areas. In contrast, the Immokalee area m the northeastern section of the County, w~th a permanent population of 20,000 receives a seasonal influx of migrant workers who come each year to pick crops. These residents are typically some of the County's poorest. The ave age wage and salary earned by the County's worker is $29,553 (2000), which is below the state average of $30,038 and well below the average of $35,305 for the U.S. This is attributed to the fact that the largest employment sector is the service indusuy, which is a traditionally low paying industry. The County's workforce, a large portion of which is employed in low-paying agricultural, retail and service jobs, also represents the widening economic gap between segments of the County's population. With the ever growing demand to meet the consumer needs of the County's affluent majority, the working-poor households have trouble fmdin£ affordable housing and employment, especially during the off-season period. Yet, maintainillg a high qu lity has been identified as key criteria for the County's long-term success in the marketplace. No, JUN 1 3 l.O 2003 CoC Consolidated Application lmmokalee, with an economy based on citrus, vegetables, and cattle,, is the County's agricultm'al center. During the fall and spring harvest seasons, farm laborers, produce brokers, and buyers migrate to thc community, more than doubling its permsmmt population of approximately 20,000. This migration makes lmmokalcc one of thc most culturally diverse commll~jties in the area. In addition to agriculture, residents provide a source of labor for thc coastal hospitality, landscape, and construction industries. Unfortanatcly, msny of these service jobs pay low wages and offer limited or no benefits. As a result, income levels rem,in low. Because lmmokalc~ is located 34 miles northeast of Naples its very location, coupled with its cultural diversity and migratory population, presents additional challenges to its residents m obtaining affordable housing and economic seff-shfficiency. When the underlying problem is economic, a more comprebendve response including social services, job tl~ining ~ affordable homing is required to move low-income households from governmental and/or social service organi:,-~don dependency to seff-sa~fficiency. A Continuum of Care is a relatively straight forward management concept: to effectively address the needs of the Homeless, a combination of services, often provided by different agencies, must be brought together in a coordinated manner to help move a family from homelessness to self sufficiency. Moving From Dependency to Serf Sufficiency COUNTY SOCIAL SERVICES "'- SELF SUFFICIENCY Effectively addressing self-sufficiency will require a countywide public/private parmership that brings together in a coordinated effort all of the groups that traditionally deal with the problems on a separate basis. In furthering that parmership, Collier County has become the 'Lead Agency' for the annual Continuum of Care grantn process beginning with the FY 2003 submission. County FAIt department staff has been available to provide technical assistance to all CoC applicants in concert with the Continuum committee. As part of such a serf-sufficiency program, Collier County, like many counties across thc country, is also working to increase its economic and business development efforts to provide more jobs for the communi .ty. Affordable housing also helps in these efforts bemuse its availability is now an important criterion in business location decisions. The CDBG and HOME Investment Partnerships programs, the latter of which Collier County has just become a participating jurisdiction, will allow FAH staff to provide additional support to local efforts to increase the amount of affordable housing. With over fifty Coalition members, the Contimmm of Care planning process is now sufficiently institutionalized and Continuum committee meetings are held monthly to discuss CoC progress, development and coordination issues. This augments the mornhly meetings of the larger Coalition, which plays the role of facilitator as well as provides the dissemination point for information to member agencies as well as the community m general. The following chart depicts the Collier County Continuum planning process: 4 JUN 1 I) 2003 2003 CoC Consolidated Application Continuum Planning Interrelationships CoC Planning Team Collier County FAH Dept-Lead Agency Collier County Hunger & Homeless Coalition HMIS Committee Cale ~l~eme~t Committee Grant.Legislative Committee ACTIONS 13 Partner for Annual Homeless Census Team members chair and/or sit on committees Homeless Persons informs, review CoC Plan Homeless persons chair and/or sit on committees Compiling best practices Provide information to avoid duplication of services Speaker at Monthly Meetings Coalition funding collaboration with HMIS RESOURCES Government State Regional County City Sheriff' s Office of Collier County Citizens Homeless Other Citizens Citizen Committee Neighborhood Associations Agencies Service Providers Housing Providers Service Agencies Private Sector Foundations Businesses Building Industry Health Care Providers At each monthly membership meeting of the Coalition, progress updates on the CoC process are provided by the Continuum Committee. Through these on-going efforts, the Collier County Continuum of Care has now become a recognized and institutional part of the local service delivery model. The CoC has established its own identity and function distinct from that of the larger Coalition. Various standing committees have been developed and are active on a year-round basis in the local community, with a goal toward enhancing collaboration of homeless services throughout the county. Homeless awareness activities also continue to be on going, improving public awareness and support for commKllity services. Ail almual homeless census is a standard procedure providing original and updated data for the County's Consolidated Plan/One-Year Action Plan as well as the CoC and other grant applications. There exists a continuing effort to enhance CoC involvement from within as well as outside the membership of the Coalition. The Continuum Committee, through consistent and meaningful representation from governn~ sector mainstream services, has resulted in increased coordination of services targeted specificall! individuals and families. More than any other component, local leaders have been slxessing the: connections to enhance collaboration and utilization targeted to homeless individuals and families. Thes increasingly seen as a stmcnnal element within the Collier Count5' Contimmm of Care system. to h el sl mnln. - 2003 CoC Consolidated Application The County's social set, Ace agencies will continue to provide short-term aid, supportive services and counseling to families that ale in danger of becoming homeless. The development and implemema~on of a Homeless Management Information System (HMIS), planned for the summer of 2004, will provide the County's social service agencies with more reliable dat~ The County's nonprofit sercice providers will continue to provide outreach services to the County's homeless population. The 2003 homeless census included two get-help clinics, one in lmmokalee and one in Naples, to provide outreach services to homeless individuals and families. The success of these clinics will determine their number and scale in the future. During the next five years, in conjunction with the County's collective service providers, the County will work ~o improve its strategy for outreach to families in need of assistance. As CoC Lead Agency, the County will be positioned to more effectively plan its collaberafive role in meeting the needs of its homeless population, as well as better leverage main,qream funding sources for this purpose. Collier County's homeless population is relatively invisible to the general public. Most individuals and families live in either emergency or transitional shelter facilities operated by social service agencies, or due to the limited number of these facilities are hidden in small camps dispersed throughout the county. On February 21/22, 2003 the third annual homeless census was held for a 36-hour period. Coalition members and commtmity volunteers, organized by the Coalition counted 690 homeless men, women and children at labor pools, in the woods, on the streets, in hospital emergency rooms and detoxificatlon centers, in emergency shelters and in transitional housing programs. This number is in comparison to 585 counted in 2001 _and 608 counted in 2002. It is known that some hidden homeless were uncounted and most social ser~4ce professionals think the actual number of homeless in Collier County is underreported. In fact the President of the Guadalupe Center in Immokalee, who also setwed as Coordinator of the lmmokalee Point-in-Time survey this year, reported that due to several factors including the lack of knowledge of places to survey and the number of volunteers in such a rural community, the Immokalee count was under-represented by as much as fifty (50) percent. The County's nonprofit service providers will continue to provide direct emergency shelter, transitional housing and supportive serx4ces to the County's homeless. During the next five years, in conjunction with the County's service providers, the County plans to support the provision of additional permanent housing to families in need of assistance. In the fall of 2002 the County collaborated successfully with the Coalition in obtaining a State of Florida Housing Assistance grant through the State Office on Homelessness for a faith-based provider to expand its transitional housing and supportive services programfor the homeless. The County's FAH department, in its role as CoC LeadAgency will continue to effectively collaborate with local service providers in researching and applying for appropriate homeless program funding oppormmties. The major obstacle to meeting the needs of the homeless is the lack of funds complicated by the lack of local support for using general revenue tax dollars to fund homeless programs. Federal programs for the homeless are currently granted on a competitive versus allocated basis that do not necessarily address unique community concerns. Presently Collier County does not fund social services of this type and the County does not yet qualify to receive Emergency Shelter Grant funds directly from HUD. However, as CoC Lead Agency the County will be positioned to more effectively plan its collaborative role in meeting the needs of its homeless population, as well as better leverage main.qtre,~n funding sources for this purpose. Currently there is no supportive housing program for Persons with AIDS in Colher County. However, neighboring Lee County has received a Continuum of Care grant to serve as the region's center for AIDS housing Local nonprofit organi?ations, specifically the Joe Logsdon Foundation, are serving the AIDS population in Collier County and researching funding oppommities to provide a local housing program combined with support services. This population requires improved data collection to determine housing/service needs, especially with regard to the Immokalee area. JUN 1 0 2003. 2003 CoC Consolidated Application the ~ and main topics of your GoC planning meetings held since June ~_c:2, which should _d.~)~:~._.',;~a~*,e_Lh~aj__f~e~.~ [ mcetino~s (both plznary and commitfcc? ate:_(l) regularly scheduled; (2)_held year round; and (3) not solely focused on I developing an application in response to the NOFA. c. Table of Comer Coun~, Hunger and Homeless Coalition Steering Committee and Coalition Steerinl[ Committee & General Membership Meefin| Date of Meeting Topic of Meeting June 4, 2002 Collier County Hunger & Homeless Coa/ition Steering Committee_' Coordinator position (job description) approved for advertisement_ Officers were elected. 2002 CoC application statu~ Confirmed there would be no J~t~ meeting, instead HUD is presenting an I-IMIS technical assistance workshop on July 9 at SC Matthews House. Six (6) agencies were represented. June 4, 2002 Collier County Hunger & Homeless Coalition General Membership Meeting: Report of Steering Committee given, Continuum of Care report presented and status of coordinator position for the Coalition. Discussed the formation of a formal HMIS committee; discussed the scheduling of CoC 101 training seminar in September, discussion regarding a~king the County to become Lead Agency. Twenty-five (25) agencies were represented. August 6, 2002 Collier County Hunger & Homeless Coalition Steering Committee: CoC discussed the frequency of CoC Committee meetings. Discussion of the State Challenge Grant application. Selection of applicants for Coordinator position was narrowed. SLx (6) agencies were represented. Collier County Hun~er & Homeless Coalition General Membership Meeting: Forming of the August 6, 2002 I-[MIS committee; Discussion of the State HAG grant; HUD presentation on "The Heartbeat of Rural Florida; Further regarding the County becoming CoC Lead Agency; additional outreach and commrmity involvement in CoC. Legislative and Grant Committee reports presented. Twenty-one (21) agencies were represented 8-6-02. September 3, Collier County Hunger & Homeless Coalition Steering Committee: Newly hired Coalition 2002 Coordinator introduced. Development of legislative committee; expansion of membership to include business leaders: developers and healthcare prox4der~ Collier County Sheriff's Office; formation of a grants committee; divided the Homeless Count committee into two, one to focus on preparing for the 'Point-in-Time' Survey and one to focus on Homeless Awareness; filling of Coalition 'vice-Chair position. Six (6) agencies were represented. September 3, Collier County Hunger & Homeless Coalition General Membership Meeting: Newly hired 2002 Coalition Coordinator introduced to Coalition membership; Upcoming HMIS meeting will have Dr. Lounsbury and Richard Faris as speakers; Submitted State Challenge Grant application with 10 agencies submitting projects for total of $250,000 and State HAG for $745,500; Homeless Count committee decided to appoint co-chairs, one in Naples and one in Immokalee, to better represent the dichotomy of each commumty; CDBG application deadlines announced. Legislative and Grant Committee reports presented. Nineteen (19) agencies were represented. October 1, 2002 Collier County Hunger & Homeless Coalition Steering Committee: Review of last HMIS committee meeting and announcement of upcoming meetings with sofhvare providers; discussion of Lead Agency (pros and cons) letter from Collier County FAH; Vice-Chair elected; establishment of P.O. Box for H&H; CCPS Homeless Liaison. Seven (7) agencies were represented. Collier County Hunger & Homeless Coalition General Membership Meeting: I-IM/S October 1, 2002 Listserv; CoC 101 Workshop in Nov. (paid by a grant from the CFCC); Establishing joint county committee meeting on Chronic Homelessness; Homeless Awareness Cc mr-tt~j[~l announced 11/17-23 National Homeless Week; Homeless Count committee for ning~'t meeting; Guest Speaker: Dr. Beth Gan'is-Hardy from SERVE presented on Ho~ elesg~' represented.Childre~ Legislative and Grant Committee reports presented. Twenty (20) ag~ acies.,wq, r. ejuN ] ~[j ~ Date of M~t_ing Topic of Meeting November 5, Collier C_~a_m_Dt' H~mger & Homeless Coalition Steering Committee: Clarification of David 2002 Lawrence Center as a member of Steering Committee; State HAG grant awarded for $745,500 for First Assembly of God Tr~n.~itional Ho~ng program; State Challenge Grant was not funded; CC was voted in to become CoC Lead Agency. Nine (9) agencies were representecL November 5, Collier County H~n?cr & Homeless Coslifion ~eral Membershio Meeting: Four new 2002 member age~lcies ~nno~lcodg Rew member of Steering Committee; Case mm~sgemcnt new co-chairs announced; Coalition Chair and Coordin~or conducted two (Naples and Immokalee) homeless client focus groups to determine the additional service needs of clients. Legislative and Grant Committee reports presented. Legislative and Grant Committee reports presented. Twenty (20) agencies were represented. December 3, Collier County Hunger & Homeless Coalition Steering Committee Meeting: Treasurer's 2002 report was read with the recommendation that a laptop computer and financial nasnsgement software be purchased to m~sgc Coalition funds and the State Housing Assistance grant re- cap of CoC 101 workshop held on November 7'~ presented with reminder of the two additional workshops pionned for January. Meeting notes from November 22~ SW FL Coalition for the Homeless Quarterly meeting reviewecL Discussed thc CDBG grant application for thc HMIS project. Application review will take place on December 12* with recommendations to the Collier County BCC in April. Case management committee members were identified and a first meeting date was established. Homeless Recognition Committee Co-Chair reported a proclamation request from the County Commissioners was ready to be submitted in support of National Homeless Persons' Memorial Day on December 21st. Re-cap of National Hunger and Homeless week activities - received good local press coverage. Six (6) agencies were represented. December 3, Collier County Hunger & Homeless Coalition General Membership Meeting: Dates were 2002 established for Homeless Count (2/21 & 22). Final plans for the Candlelight Vigil (12/19) were announced; Catholic Charities ED accepting an official proclamation from thc CCBCC in recognition of 'National Homeless Person's Memorial Day'. Announcement of 'Get Help clime' during Homeless Count and c,o-chairs. Legislative and Grant Committee reports presented. Twelve (12) agencies were present. January 7t~ and Collier County Hunger & Homeless Coalition Steering Committee: CoC 101 Workshops II January 14, 2003 & III to take place January 7th instead of General Membership meeting and also on January 28*. Members announced at 51. Case management committee met first time on 12/16; goals to have written standards of Care. Approximately 130 people attended thc Candlelight Vigil with good press. Seven (7) agencies were represented. February 4 2003 Collier County Hunger & Homeless Coalition Steering Committee Meeting: Discussed the importance of the CoC as a year-round process. Recommendation that COALITION Steering Committee become the CoC Committee for the next six months until formal leadership establishecL Consultant from CFCC attended to gain input and begin development of plan for CoC Strategic plnnning Process. D & O insurance quote approved; Announcement of upcoming grant writing workshop with Chris Talcott-Roberts and Steve Kirk in March in Immokalee. Approval to proceed with United Way membership application. Eight (8) agencies were represented. February 4, 2003 Collier County Hunger & Homeless Coalition General Membership Meeting: HMIS Core group agencies were announced. Homeless count Waining workshops announced; plea for funding for hygiene kits; new member announced bringing total to 52 agencies; announcement of new Chronic Homelessness NOFA. Legislative and Grant Committee reports presented. Legislative and Grant Committee reports presented. Twenty-two (22/ agencies were represented. AC, ENDA I' i 0 2003 2003 CoC Consolidated Application _Date of Mo:ting Topic of Meeting March 4,2003 Collier County Hunger & Homeless Coa!i~on $!~ring Commiltee Meeting.; CoC Committee met and is reviewing HUD's evaluations of the 2001 and 2002 applications to determine areas for improvement; Coalition meetings will rolate to Immokalee quarterly; Applica~tion submitted to the Community Foundation of ColLier County for CoC Strategic Planning Consultant; United Way membership al~l~cation submitted; Results of Homeless Count announced; HAG contract approved and signed between Coalition and FOG; issue of membership due~ di~u~sed; Opening of ~cond Coalition b~mk account for grant administration approved. Eight (8) agencie~ were represented. March 4, 2003 Collier County Hunger & Homeless Coalition General Membership Meetinp.: HMIS Core group committee report presented; H]VH$ TA workshops in Sarasota announc~c[; one additional member announced; Dral~ Action Plan complete and available for public comment; re-cap of Get Help clinics provided (125 individuals served); detailed homeless count report provided; CCHA ED was guest speaker presenting updated information on Section 8. Legislative and Grant Committee reports presemed. Seventeen (17) agencies were represented. April 1, 2003 Collier County Hunger & Homeless Coalition Steering Committee Meeting' Review of the March 4~ Grant Writing work~op; CoC 2003 preparation - discussed leverage and mainstream funding,, United Way formal interview for Coalition membership has been requested; First draw-down received for State HAG grant; Received a grant from the CFCC for CoC consultant fees; Issue of membership dues are continuing to be researched; up coming meetings will experiment with available technology to increase access by members located outside of Naples proper. Five (5) agencies were represented. April 1, 2003 Collier County. Hunger & Homeless Coalition General Membership Meeting: CoC preparation discussed and CoC Committee Chair requested additional members to thc committee; requested interest m applying for 2003 CoC funds; Re-cap of I-IMPS TA workshop presented; Legislative committee expressed need for membership to contact local legislators regarding the proposed elimination of some State Homeless funding;, summary of Homeless Count submitted to membership; ED of CBIA was guest speaker spoke about barriers to affordable housing and raising the level of awareness. Legislative and Grant Committee reports presented. Eighteen (18) agencies were represented. May 6, 2003 Collier County Hunger & Homeless Steering Counnittee Meeting: Announced the Coalition was approved as a new Collier County Umted Way agency for 2004 and that the 2003 SuperNOFA has been released, including thc CoC application and aunounccmcnt of thc local deadline and process for submitting CoC applications. Discussion of the necessity to gather Main~xeam funding sources for thc CoC Exhi~bit I. Announcement that the Steering Committee approved the CoC Lead Agency agreemem. Updates provided on the State Housing Assistance grant project progress. Three (3) new agencies presented applications for Coalition membership. Five (5) agencies represented. May 6, 2003 Collier County Hunger & Homeless Co, lit/on General Membership Meet/nE: Bill Dillon from Collier Health Services was guest speaker and presented information on the new not- for-profit, federally qualified Health Center providing indigent healthcare clinics in Golden Gate, Marco Island and the Marion E. Fether Medical Center m lmmokalee. CoC and SuperNOFA updates announced. HMIS project update along with discussion of the Health and Human Services Consortium and their interest in possibly linking to thc HMIS system. Workforce Housing Workshop update presented as well as informotJon regarding the State budget with respect to homeless assistance funding. Flyers and registration forms were passed out regardmg the upcoming SW FL Coalition fore the Homeless Annual Conference being held in Lee County at Florida Gulf Coast University on May 29~ and 30~. Legislative and Grant Committee reports presented. Twenty-four (24) agencies represented. JUN ! 0 2003 2003 CoC Consolidated Application CoC Committee Meefi'n_~ Date of Meeting Topic of Mee~g July 9, 2002 Thirteen (13) agencies attended HUD sponsored *HMIS 101 training by Aspen Instigate COUg_fitnnt~. August 27, 2002 Eighteen (18) agencies attended. Committee reviewed requhe~ents for State Office on Homelessness Challenge and Housing Assistance Grants, which must address the gaps and priorities in the CoC to be eligible for funding. Discussed plan for *HMIS meetings and reviewed Aspen ln~.~mte resources on s~em planning and imple~ta~ion~ -September 17, 2002 Fourteen (14) agencies attende~ Revi~! benefits of an HMIS ~ and 6i~ outcome measurements and how *HM~S will provide much improved data for participating agencies, while providing better access to services for cliet~.ts. September 23, 2002 Fffieen (15) agencies attended. Presentations on *HMIS by Dr. Gary Lounsbury, FGCU and Mr. Richard Fails, Lee Cooh~ Department of Human Services. October 15, 2002 Seventeen (17) agencies attended. Sot~vare presentation by $i~dcity Com~ater $olu~ons. October 29, 2002 Twelve (12) agencies a~ended. Review of software presentation from last meeting. -November 7, 2002 Twenty-one (21) agencies oRended CoC Workshop - Session I (Agenda- Appendix ). November 12, 2002 Fourteen (14) agencies attended. Software presentation by ServicePoinL November 19, 2002 Eleven (11) agencies attended. Review of software presentation from last meeting. November 22, 2002 SW FL Homel__~_s Coalition meeting in FL Myers. Software preseaiafion by Radii. Jannsry 7, 2003 Twenty-five (25) agencies aU_ended CoC Workshop - Session II (A§enda - Appendix ). February 11, 2002 Fifteen (15) agencies attended CoC Workshop - Session III (Agenda - Appendix ). February 27, 2003 Eight (8) members present Committee voted to submit a Professional Development grant to the Community Founda~on of Collier County to pay for a consultant to facilitate our CoC long- range strategic planning process. Members reviewed the weaknesses from the 2001 and 2002 CoC applications. March 19, 2003 Nine (9) members present. Discussed potential 2003 CoC projects identified during February 11t~ workshop. Reviewed CoC goals from 2002 application. Report presented from the recent Case Management committee, whose immediate goal is to compile 'best practices' for Collier County to better address ~ops ia services. April 28, 2003 Ten (10) members presenL Discussed and reviewed the 2003 CoC NOFA to det¢imme the local review and ranking process and committee members; reviewed potential CoC projects and HMI$ project; determined the CoC strategic plannm~ process will be~n in July. May 13, 2003 Nine (9) members present. Members met to discuss potential applications; conf~rm r~iew committee members and assi~cmments; assign final Exhibit I homework. May 19, 2003 Seven (7) members present and five (5) applicants present. CoC Exhibit II review and ranking committee meeting. June 11, 2003 Meeting scheduled to review and discuss 2003 CoC application package and plan CoC committee meetin~ schedule for strategic planning process with consultant be§inning July 2003. *HMIS: Please see Exhibit II HMIS Project application for detailed meeting schedule begmnnmg m January of 2003. Case Management Committee Date of Meeting Topic of Meeting December 16, 2002 Four (4) members present. Familiarize committee members with participating agencies services. January 21, 2003 Seven (7) members present. Discussed compilation of 'best practices' for Collier County service providers; Collier County Housing Authority (CCHA) did a presentation on housing vouchers for disabled/elderly; reviewed CCHA Family Serf-Sufficiency Program. February 25, 2003 Three (3) members present. Discussed compilation of intake forms from all service providers in the CoC to work on the development of a common intake form. March 10, 2003 Five (5) members present. Reviewed compilation of CoC provider intake forms. April 15, 2003 Four (4) members present. Discussed compilation of all shelters and social service agencies 'best practices' information in preparation of a handbook to be distributed t, all Coalition member agencies in June 2003 as well as to be shared with the FL Coalition for ~ May 19, 2003 Five (5) members presenC Final review of doounentation gathered and c ~tegoliggd for inclusion in 2003 'Best Practices' handIx)ok, t June 10, 2003 Meeting scheduled to present "Best Practices' handbook and discuss committee g ~ls ~[~,~.-1~4. 0 2003 10 Pg-.-~~ 2003 CoC Consolidated Application at L/~, using the format on the following page: (I) the specific names md tylzs of org,miTations revolved in your Continuum of Care (CoC) planning ~rocess, such as State and local government agencies, Public Housing Authorities (PHAs), nonprofit organizations, individuals, businesses or business associations, homeless or formerly homeless persons, and others, incluclin~ law enforcement, hospital or medical facility representatives, and funders; (2) the one or two subpopulafion(s) the organization/~fity ~ sea'ves and whose mtems~ they are :,pccificail-., :'o~_'ttsed on ~t~_,.~s; and (3) each orgamzation's level of participatkm in the planninE proce~ High participation levels might include: steering ¢onmLiLtec member attends ail monthly plmming meetings, .hou~n_o sabcommitte~ membex auends most CoC planning meefinEa, gaps analysis sttbc, ommitt~ chnilllemon atteaxls all group nmelinEa ~ ~ Co(2 plaaning nlee~in~, et~. In order to obtain a higher competitive score for "pal'ticipafion", plannin~ participants must attend most of the plaxming and/or committee meetings. In addition, if more than one geograph/c area is claimed on the 2003~ Application Summary page, m~st indicate which geographic aresa~$~ each oiganization represents m your Contmuom of Care planning ~. (Althougl~ you may retpdre nmlti~ie ~e~ to resl~ to tlds ~ your r~llonse ~ comet as only o~e lmge towards rise $O-l~ffe ~ ) u. .,sst m t~ames anu ,ypes o~ tsr ~amzat~ons ~n CoC Plsnninl~ Pro~s: FederM A~ocis: Vete~ H~ Admiration F]ofi~ ~TS A~e~ C~ =d ff ~ H CoCa, on m~gs ~uenfly State A~ncies: Dep~cnt of C~l~en & Dis~ct 8 Y A~en~ ~C ~d H & H F~ C~fion m~gs ~ueDfly Collier Co=~ H~ Co~ier Co=~ ~L AUc~ ~1 m~gs, CoC Dep~en~C - N~ Fr~s p~cip~t. Homeless cents co~L 'Get-Help Cl~c' - I~o~ C~tor ~ ~vemment Agencies: Ci~ of Naples Pl~g Ci~ of Naples ~L A~e~ ~ m~; D~cnt- S~ Go]den Con~u~ ~m~r, ex~cio St~g Co~u~ mcm~r; home]ess ~ co~ ~ci~t; eDBG Co~o]i~t~ PI= ~or~fio~ ~S Corn Group ~mm~ ~ir Collier Co=~' Dep~ent of Collier Co=~, ~L A~ ~1 m~gs, CoC H~ Semis - B~ p~cip~t. Home]ess census Wil~s ~C '~t-He]p C~c'; ~S ~ Group mem~r Collier Co=~ D~ent of Collier Co~ ~TS AHeMs m~gs ~quenfly Vete~ ~m~ - Peter ~ Homel~ ceos ~t ~ci~t Co,er Co~ Fi~ci, Col~er AdmisSion ~d Ho~ing Con~ Dep~t - J~n Pemon mem~r; ex~ci St~ Co~R~ mem~ homeless ~n~ 2003 CoC Coiisolidnted A~ flication ................. r~ ..... participant; CDBG Consolidated Plan coordination; HMIS Core Group committee co-chair, CoC Lead Agency liaison. Collier County Financial Collier County ALL Attends meetings frequently Adminis~lRtioll and Housing homeless census count Depammm- Lee Com~ & participant; CoC participant; Denny Baker coordination Public Housing Authorities Collier County Housing Collier County ALL Coalil~on Chair - Authority - Mary Soucek Attends and facilitates all meetings; Homeless census count participant; CoC participant CoUier County Housing ~ Collier County ALL Steering Committee member; Authority/Section 8 - Angela Attends all meetings; Edison Homeless census count participant; CoC participant Nonprofit Organizations (includes Faith Based organizations): American Red Cross - Deborah Collier County ALL Attends infrequently. Horvath St. Matthews House - Kelly Collier Count3' ALL Attends Ail Meetings; Shaver/Annette Gover Immediate Past Coalition Chair, Continuum Committe~ member; Homeless census count participant; HMIS Core Group Committee and in- coming chair member. David Lawrence Center - Fred Collier County SM], SA, others Attends All Meetings; Richards/Marcie Gillis Continuum Committee Vice- Chair, HMIS Core Group member; Case Management CommiUee Co-Chair, Homeless census count participant Clfild Care of SW FL - Donna Collier County, FL Y Attends All Meeting; HM]S Philp Bonita Springs, FL Core Group member, CoC Lee County, FL participant. Salvation Army - Bob Collier County ALL Attends All Meetings; Rohland/Sally Braga Continuum Committee Member, homeless census count participant. Habitat for Humamty Collier County ALL AUends meetings frequently. Shelter for Abused and Collier County DV Attends All Meetings; Children- Barbara Tarka- homeless census count Leonard/Lillian Mendez participant. Joe Logsdon Foundation - Alicia Collier County HIV/AIDS Attends All Meet~ ~gs; Rodriguez homeless census c unt JIJN 12 2003 CoC Consolidated Application participant Empowerment Alliance - Barb Collier Hendry and one Attends meetings regularly; Cacchione/Dottie Cook Glades Counties Conlinuum committee participant. Audubon of Florida Collier County None Attends meetings occasionally Catholic Charities - George Collier County ALL Attends ali meetings; Past Drobinaki/Loren Whipple Coalition Chair, Steering Committee members; Continuum member;, HMIS Core Group member, homeless census count Collier County FACT Team Collier CounU' SMI, Ve~s, SA Attends meetings frequently Collier Harvest - Ingrid Parry Collier County ALL Attends meetings regularly Collier Housing Alternatives - Collier County SMI, SA Attends Coalition meetings Jim Reynolds regularly Society of St. Vincent-De Paul Collier County Al.I. Attends Coalition and CoC meetings regularly Guadalupe Center, Inc. - Stanley Collier County ALL Attends meetings frequently; Boynton Steering Committee member; 2003 homeless census count co-chairfLmmokalee. Guadalupe Social Services - Collier County ALL Attends meetings Brian Bennett infrequently, homeless census count participant. Harry Chapin Food Bank - Tom Collier, Lee, ALL Attends meetings regularly Clark Charlotte, Hendr~' and Glades County lmmokalee Friendship House - Collier County ALL Attends meetings regularly; Ed Laudise HMIS Core Group member; Coalition Steering Committee member; CoC participant/member; homeless census count participant. Immokalee Multicultural Immokalce ALL Attends meetings regularly: Multipurpose Community Action homeless census count Agency - Elaine Antonucci participant. First Assembly of God Naples, Collier County ALL Attends meetings regularly; Inc. homeless census count participant Lutheran Services - Dr. Peter Lee. Hendry and Y Attends sporadically. Ledccky Glade Count~, homeless census count participant Men~al Health Association of Collier Count)' SMI/DD Continuum Committee Collier County - Petra Jones Chair, Coalition Vice-Chair; Attends all meetings; homeless census count participant. NAM] (National Alliance for the Collier County SMI/DD Attends meetm~ ~ 'a'~:--IoD--'~ tfl~ f Menially Ill) - KatiuTn Hunter infrequently No. PaceC=terforGi s- CollicrCounty V ^tte f en Y' JCt'4 1 { 2003 Miller 2003 CoC Consolidmed Application Rc~_!ond Christian Migrant Collier, Lee, Y Attends sporadically Association Glades and Hendry County The Learning Connection - Bev Collier County ALL Attends meetings regularly; Hiltabiddle homeless census count meetings. Florida Rural Legal So.ices - Collier County ALL AUcnds all meetings. Lorraine Thompson Community Information and Immokalee ALL Attends meetings regularly; Referral of [mmokalee - Sylvia homeless census count Pucntc participant. Homeless/Formerly Homeless Persons: Carolyn Alden (Consumer Collier County ALL Consumer Volunteer Volunteer) Attends Meetings rcgnlsrly, Served on Homeless Count Committee. Other: e.R. Law Enforcement~ Hospital/Medical; Funders: Vietnam Vets Organization- Collier County VETS Attends most CCHC and CoC Meetings, homeless census count Neighborhood Health Clinic - Collier County ALL Attends frequently. Dr. and Mrs. William Laschicd Unilm-ian Universalist Church Collier County ALL Attends regularly, homeless census count committee co- chair. Community. Foundation of Collier County ALL Attends regularly Collier Counod Florida Gulf Coast University Collier County ALL Attend infrequently, homeless census count District School Board of Collier Collier County Y Attends frequently; homeless County - Homeless Children census participant; Liaison Continuum committee par~cipant. Naples Free-Net Collier County ALL Attends frequently; HMIS Core Group committee participant. Collier Co. Sheriff's Dept. Collier County ALL Assists with Homeless Count Southwest Florida Workforce Collier County ALL Attend infrequently, Dcvclopmcnt Board homeless census count United Way of Collier County Collier County ALL Attends frequently; homeless Continuum committee ParticipanI; Coalition fundcr. Subpopulations Key: Seriously Mentally Ill (SMD, Substance Abuse (SA), Veterans (VETS), HIWAIDS, Domestic Violence (DV), and Youth OD. 14 JUN 1 0 2003 2003 CoC Consolidated Application 3. Your community's Continuum of Care goals and system under development. The key to developing a successful Continuum of Care ia to continually ~ tl~ e~dsting system and identify ahm~mings or gaps, then establish a set of goals and carry out a series of action step~ intended to address these shortcomings or gaps. With this in mind, please provide the following: Chronic Homelessnea$ Str~tegy/Goal~ Chromc homelessness refers to an unaccompanied homeless individual with a disabling condition who has either been continuously homeless for a year or more OR has had at least four (4) episodes of homelessness in the past three (3) years. To be considered chromcally homeless, persons must have been sleeping in a place not meant for human habitation (e.g., living on the streets) and/or in an emergency shelter durillg that time. (1) Past Performance. In 2001, HUD established a goal of eliminati~ chronic homelesmess within 10 years. HUD is be~nn, ing to track progress made toward this ambitious goal. Please tell us using no more than 2 pages: (a) the specific actions that your community has taken over the past year towards ending chrome homelessness; and (b) any remaining obstacles to achieving this goal. (a) The completion of the Wolfe Apartments, which has been developed by St. Matthews House, an emergency homeless shelter is a positive action in the community. Wolfe Apartments will provide 34 units of tran~tional housing and 12 umts of permanent supportive housing for homeless individuals and families. These one and two- bedroom units will rent for approximately $475.00 to $575.00 per month. In addition to these affordable rents for very low income families and individuals, a variety of support services will be available including job training, child care, counseling, life nkiils and other needed services to assist in the transition to permanent affordable housing. The issue of chronic homelessness necessitates a regional approack At the upcoming SW FL Coalition for the Homeless Annual Conference, one of the conference sessions is spocifically addressing chronic homelessness. This regional dialogue was a goal of the Collier CoC in 2002. It is hoped that discussion of some definite strategies to address this issue will be found and incorporated into the strategic planning of the Continuum committee. The Collier CoC had as another goal increasing the number of clients who qualify for SSI and other benefits from the Social Security Administration (SSA). A representative from SSA did give a presentation at a Coalition meeting encouraging contact with that office to facilitate client access to these benefits. The Shelter for Abused Women provides its clients with outreach advocates who take clients to the SSA office, as well as to other mainstream resources. This model is one that the Continuum committee will study as part of the strategic planning process. Actual tracking of increased access was very difficult, however, the Continuum committee believes that the implementation of HMIS will provide such tracking. Another goal of the CoC was to establish 'get help' climcs during the point-in-time census, which occurred in February of 2003. Coordinated by the Collier County Hunger & Homeless Coalition and the Collier Count)' Department of Human Services in collaboration with the Collier County Health Department, these clinics provided medical and mental health assessments, treauncnt and referrals as well as food, clothing and assistance with shelter. They were held in Naples and Immokalee and the Continuum committee and Coalition will discuss the need and feasibility, of holding these more often. The David Lawrence Center, Collier County's local mental health provider, operates the PATH (Project for Assistance in Transition from Homelessness) program, which is funded by an annual federal grant in existence since 1999. The program is designed to identify homeless individuals in the commumty, particularly those suffering from chronic illnesses, and to link them to appropriate services such as housing, medical, dental, substance abuse and mental health services, as well as Social Security Administration. Services such as Case Management, Supported Living, Housing, and Vocational Services are offered through t ~e PATH program to recipients on an as needed basis. To date, beginning in Fiscal year 024)3 the David Lawrence Center has been able to identify an unduplicated number of 369 persons who were homeless or in imminent risk of homelessness and have engaged and linked over 42 into other supportive services through the outreach of the PATH program. This next year, PATH staff will begin tracking the number of chronically homeless served. Co) In comparison to the numbers of chronically homeless in larger MS,as', the number in Collier County (126), on the surface, does not seem alarming. However, as with those who are temporarily homeless, one obstacles is a lack of permanent affordable housing. In a community where the average rent fc market rate apartment is $I,000.00 month while affordable Low Income Honning Tax Credit (Lll-r rent for $870.00, it is nearly impossible for a chronically homeless single individual to find a place 1 The least expensive one-bedroom apartments available within Collier County rent for approximatel 15 2003 CoC Consolidated Application month and there arc no efficiency apartment complexes or single room occupan~ (SRO) units av:~ilable. Add to the mix of low wage jobs a_nd high ren/& the high probability of an alcohol, drug or menial health problem, and it is nearly imposs~ole to find and keep decent housing. In the Naples are specifical~, there also continues to be a lack of visibility of the chronically homeless due to the places and ways in which they live. Exposing their situation and offering a_~si.ntance is truly an obstacle without also endangering their ability to survive. As part of the Co~ strategic planning process, this obstacle will be addressed. (2) Current Chronic Homeles$_~ Strategy. In order to keep HUD informed of your chronic homelessness strategy, please provide a brief s~zmmary of the community's strategy for ending chronic homelessness by 2012, including any updates to your strategy. As a part of this discussion, please include in this narrative the number of sheltered and nn~heltered chronically homeless persons identified on the "CoC: Homeless Population and Subpopulations Chaff' (see page 10). (Your response is expected to be no more than 2 pages, however, none of it will count towards your 30-page limitation.) While there is a relatively small population of chronically homeless within Collier County, for the first lJme the 2003 point-in-time survey did count this sub-populatio~ The results reflected a total of 126 individuals that fit the chronic homeless definitio~ Of that number, 96 were unsheltered and 31 were in some type of shelter at the time of the count. Within Collier County, there is a need to provide greater outreach to find and assist chronically homeless individuals. Two nenv programs that are able to address a portion of this problem are the PATH (Project for Assistance in Transition from Homelessness) and the FACT (Florida Assessment Community Treatment) teams. These groups receive funding from State, Federal and private sources. The Project for Assistance in Transition from Homelessness (PATH) program is a part of the David Lawrence Mental Health Center and has been providing direct service to the homeless since 2000. The PATH employee provides oulxeach to the homeless in shelters, on the street or in the woods. Thc PATH position is funded by the State of Florida through Center for Mental Health Services, Health and Hnman Services funds. The PATH program provides outreach, screening, case management, information and referral and other appropriate support services for the homeless. The Florida Assessment Community Treatment (FACT) team began its Collier County operation in 2001. The FACT team assists clients to maximize their independence, promote serf-management of symptoms and prevent unnecessary hospitalization or incarcerations. The FACT team is part of the private Psychotherapeutic Services Inc. and receives funding from DCAF and Al)MI1. They provide assessment; administer medication and other services to help facilitate community integration~ In addition to these efforts by David Lawrence, the community mental health facility, thc Naples Alliance for the Mentally IH (NAM]), Psychotherapoutic Services and others, more needs to be done to stop the cycle of chronic homelcssness. The Hunger & Homeless Coalition will partner with its mental health members, the Lee County Homeless Coalition and Florida Gulf Coast University to brainstorm mechanisms to provide a regional approach to the chronic homeless in southwest Florida. Options may include developing a Single Room Occupancy (SRO) facility or a Safe Haven. In addition, the annual homeless census count will be revised and strengthened to help provide a more accurate picture of the chronic homeless, veterans and other~ We will also strengthen our relatio~.nhip with m_ainntream and faith based organizations in the coming years. The following or~ni?ations have joined the Coalition as members this past year and will go a long way in assisting the Contiwmm in addressing this issue: Department of Children and Families and thc First Assembly of God. The Coalition has also established a good relationship ~,th thc local SSA office representative who will continue to work with Coalition members to facilitate client access to benefits. 16 JUN 1 0 2003 2003 CoC Consolidated Application (3) Future Goals. Describe your specific futura-oriented goals, and: sve¢~fic action steps for each to be undertaken over fire next 18 months m caroSng out a strategy to end chronic homelessness m your community..-Specify ihe entitx' that has the lead rcsponsibilil3' lb! success or failure in carrx itlg OHt each step and provide specific target dates for completio~x Be sure to inclndo among your goals/action steps each of the plans for housing and services mentioned in sections 3.E. and 3.F. Please use the following forma_t (Add to as needed tbr additional goals.) F.x: Cou~mubeltered homeless A]mu~l s~red comds of ~~ J~2~ ~ l: C~r~nate ~on~ ~sion at annu~ SW ~ Co.on for May 20~ approach to ch~c conferee ~e Home~; Co~r homelessn~s ~th ~ Coun~ Hun~ & Coun~ Coition & SW FL Homel~ Coition Co~ifion for the Homele~ ~d ~ C~n~ Coition. DaSd Lawrence Ma~h 2004 ~ 2: PATH ~ t~k Center ~ w~ DaSd ~w~e numar of homeless ~ed sp~ific~y de~ine · Center- PATH that fit t~ d~fion of each ~t~ach client Pm~ ~ 'chro~c' m~s de~mifion thmu~ ~ssment p~ess ~ 3: ~c~ the D~ember ~03 f~quency of '~t Help M~e isme pa~ of Continuum Clinics' in pa~ne~hip with Con~uum Strate~c Commi~; H~ger & VA, SSA, Medic~ & Dent~ Piing Homele~ Co~ition prm~de~ K (1) (2) Other Homelessness Goals Chart Please provide a summary of accomplishments made over the past year m addressing your community's other homelessness goals. The Continuum committee and Coalition were able to accomplish the goals they set out for the community last year. The completion of St. Matthews House Wolfe Apartments adds a much-needed permanent hoasing development to Collier County for homeless individuals and families, including those with disabilities. The Shelter for Abused Women opened successfully increasing the number of emergency beds from twenty (20) to forth (40) and adding twenty (20) Iransitional housing beds to it new state-of-the-art facility. The Coalition and Continuum committee met several times with the Empowerment Alliance of SW FL and Colliex County Housing Authority regarding the development of permanent housing for the homeless in Immokalee. That collaboration and dialogue has resulted in the Exhibit li application they have submitted m this 2003 CoC. While the number of section 8 vouchers has not increased, another 2002 goal, the Collier County Housing Authority has become more proactive in its efforts to advocate for additional vouchers and has really done an excellent job of educating service providers m the commumty as to how they can assist their chents with housing needs. The Coalition received a grant from the Community Foundation of Collier Comity to hire a consultant that will guide the Continuum committee through a strategic planning process begiammg in July of 2003. Noxv into its third year, the Continuum has the staff, support system and membership in place to determine the needs of the homeless individuals and families in Collier Cotmty and to address those needs through a well-planned and structured process. In addition to the goals for ending chronic homelessness, please describe any other goals and specific action steps that your commumty has developed to address homelessness. Specify the entity that has lead responsibility for can3dn "'t2~d~ specific target date for completion. Please use the following format ,,~ J UN 1 0 2003 2003 CoC Con~lidated A )lication G°ai 1: Strategic Plan 5-year Grant re, mired to hire Coalition Coordinator and July 2003- Der. exnber consultant to facilitate Community Foundation 2003 Goal 2: Increase funding Coalition will continue to Coalition Coordinator and July 2003 - April research and apply for Lead Agency staff 2004 fimdin~ Goal 3: Develop more In collabomlion with CHDO Continuum committee January 2004 permanent housing research _ndd~ itional locations C. Discharge Planning Policy Not applicable at this time. D. Unexecuted Grants Awarded Prior to the 2002 Continuum of Care Competition Not applicable. 18 JUN 1 0 2003 2003 CoC Consolidated Application E. Service Activity Chart Using the format below, describe the fundamental service components of your Continuum of Care system currently in place, and any additional services being planned. Describe how homeless pe~ons access or receive assistance under each component other than Outreach. (Although you may require m;;~ple pages to respond to this itoh, your response will count as only one page towards the SO.page limitation) Fundamental Component of Continuum of Care System: Fundamental Components in CoC System (Service Activity) ~2omponent: Prevenao~ Services in Place: (Please arrange in a category (i.e. re~tal/morlgage assistance), being sum to identif~ the service provider. RentalAssistance: Coalition of Florida Farmworkers Organization (COFFO), Community Foundation (victims of domestic violence), Collier County Government Department of Public Health (persons living with HIV/AIDS), Collier County Department of Human Services, Guadalupe Family Center, Guadalupe Social Sen4ces, Immokalee Friendship House, Immokalee Multipurpose Multicultuml CommUmty Act/on Agency (IMMCAA), Salvation Army, Shelter for Abused Women (victims of domestic violence), St. Matthew's House, St. Vincent De Paul Society, Collier County Homing Authority and a variety of churches. Utility Assistance: Catholic Chat/t/es, Guadalupe Family Center, Guadalupe Social Services, Salvation Army, Shelter for Abused Women, St. Mmlhew's House, Society of St. V'mcent de Paul. Home Repairs: City of Naples, Collier County Department of Financial Administration and Housing, IMMCAA. Home Mortsza~es: Collier County Cooperative Extension Service Loan Consortinm~ Collier County Department of Financial Administration and Housing. Services Planned: Coordination of assistance through the development of an integrated computerized system (incorporating HMIS), supervised and shafted by the Hunger and Homeless Coalition. Coordinate with Immokalee Housing Imtiative to assist with homeless prevention efforts as well as increase stock of affordable housing units. How Persons Access/Receive Assistance_.' Referral by social service agency. Single form used by five agencies sharing FEMA funding used for rental and utility assistance. Applications must be made in person. Funds are payable to landlord or utility.. ~2omponent: OutreachI Outreach in Place5 Please describe for each sub-population (i.e., veterans, seriously mentally ill, substance abuse. HII~7)-IlDS, domestic violence, youth) the outreach activities undertaken (e.g. street canvassing) and the name of the entity providing the specific outreach. Include in y,our description, those outreach activities that specificall, v target chronically homeless persons. The Veteran's Homeless Outreach program provides outreach to street and sheltered veterans. In addition, the Collier County Veteran's Services and St. Matthews House are known points of contact among veterans who self refer. The Seriously Mentally Ill are provided outreach through both the St. Matthews House and David Lawrence Center. Through the PATH (Project for Assistance in Transition from Homelessness) program, both agencies provide outreach workers who visit soup kitchens, campsites and neighborhoods throughout the most populated areas of Collier County. When resources permit, these outreach workers also attempt to make contact in the more rural areas of the county. Other agencies also refer the seriously mentally ill who may need the services of these agencies. Through the FACT (Florida Assertive Community Treatment) program, assertive outreach is provided to people who are in danger of 'falling through the cracks', including those who are unable or unwilling to keep appointments at mental health clinics or centers. Seventy-five percent or more of all FACT sen4ces are provided outside of program offices. These services are designed to reach people in whatever circumstances or settings they may be in_ For Chronic Substance Abusers~ the primary outreach is through the David Lawrence Center and St. Matthews, which provides mobile, outm street chronic substance abusers. Itl'q/AIDS infected clients are normally reached through the res~ examinations of homeless. However, the Joe Logsdon AIDS Foundation is the primary pro4ider of su along with the Collier Count3' Health Department and the Children's Medical Services as well as serv Fort Myers, Florida. Domestic Violence victims are sometimes referred through law enforcement aget 19 .ts ofN~edical I('Q~ / port sermces, :es l qali 200 :ies,-gowever u. 2003 CoC Consolidated Application the Shelter for Abused Women has on-going outreach and support services to this sub-population h~ addition a number of domestic violence victims are served through the TLC trnn~itiotlal ho,~ng program al Salvation Army. The outreach workers team with law enforcement personnel to canvass the streets for youth living on the street. The rrmin ~ontact point for nmaway and homeless youth is Lutheran Services, which operates two emergency shelters for youth in Lee and Charlotte counties nearby. This year's "point-in-me" survey also provided an outreach to various sub-pop, lmions of the homeless who are currently residing in camps and other areas where volunteers and agency personnel conducted the survey. As an outreach effort, personal hygiene items and laminated Infornmrion & Referral cards in both English and S?ni.~h were provided to all persons imerview~L These cards provided homeless individuals with a listing of services and agencies Services planned: The CoC will continue to provide outreach as it did this year through the homeless survey. All sub- populations identified in the point in time survey will be referred to service providers for more in-depth outreach. In addition, the permanent housing proposed by the Empowerment Alliance of SW FL will Increase the ability to provide much needed services to homeless individuals with disabilities. No new outreach services are planned at the present time for HIV/AIDS homeless; however, the new permanent housing at St Matthews will provide beds to HIV/AIDS clients as will the permanent housing project being constructed in Immokalee included in this year's submission No additional plans for outreach have been determined at this time for youth, domestic violence viOim~ or chrome substance abusers, as current services targeted to these populations are overloaded. However, Lutheran Services is again exploring the possibility of opening a r~maway youth shelter in Collier County. ~omponem: Assessment~ Sera4ces in Place: Please describe the assessment process you currently have in place: Currently each agency offering homeless services- does an assessment for each potential recipient of such services. Assessment services generally involve a ease management assessment identifying needs for shelter, counseling, job training and additional supportive ser~4ces (child care, transportation, etc.). At this point we do not have a centralized intake assessment procedure within the CoC process. One of the goals of the Collier County I-IMIS project is the development and implementation of a standardized intake and assessment form. Once the HMIS s~,stem is implemented in 2004 it will assist in the provision of a coordinated assessment model to facilitate more effective utilization of existing resources. Services Planned_: We anticipate an expansion of assessment services as new direct services such as Catholic Charities Mental Health Counseling The Learning Connection's Project Education and the Collier County Department of Human Services Rental Assistance and Medication projects submitted this year are implemented. In the near future, once the lmmokalee permanent Honsmg project is implemented, we anticipate an indirect expansion of assessment services to be provided through the Collier County Housing Authority who vdll provide the supportive ser~qces component of this project. How Persons Access/Receive Assistance: As noted above, homeless individuals and families generally connect with assessment services once they have entered the CoC process through contact with a service provider within the ~'stem. ~;omponent: Supportive Service~ Services in Place: Please describe how each of the following services are provided in your communi.tv (as applicable), case management, l~fe slalls, alcohol and drug abuse treatment, mental health treatment, AIDS-related treatment, education, employment assistance, child care, transportation and other. The following is a list of services available to the homeless population in the CoC geographic area: · Agency for Workforce Innovation: This government services agent3' provides job placemenL education (200/yr), Career Fairs, txalnm~ of elderly, job .gkiils lxainin~, elderly placement · Boys & Girls Clubs: Provides Youth Development services to approximately 500 diffcre~ tutoring, after-school care. · Care Club Service: Provides service to the elderly (160 in 2001), any .type of dementia, meal ~ res~ 2003 ___ personal care, prescription management, social interactio~ _ 2003 CoC Consolidated Application · Catholic Charities Service: Serves mental health needs (1,957 last year), reeds (528), food, eyegla_~ses, utility assistance, clothing, Elderly Outreach, Imrnokalee Outreach * Chiidcare of SW FL: Provides child-care (1,339/yr enrolled) (1,535 on waiting list). · Cit~ of Naples, Planning Department: Provides home repairs, housing, information, and referrals · COFFO: Service & Housing Assistance, job placement, education, emergency assistance, Immokalee Outreach · Collier Area Transit: Transportation, bnmokalee Outreach · Collier Count~ Cooperative Extension Service: Youth Prol~mq, 4H/Youth (3,000 yr). · Extension Services: Education, numtion, food safety home buying, advice and screening and loan consortium. · Collier County Public School: Education, youth, mental health counselors (200-750 students per counselor annually) Immokalee Outreach · Collier County Housing Authority: Government Housing-Section 8, farm worker housing, Immokalee Outreach · Collier County Department of Financial Administration and }lousing: Government Service, Home repairs, mortgage assistance, (SHIP 425/yr), Irnmokalee Outreach, CDBG assistance in community development and housing construction. · Collier County Micro Loan Program: Loam for low-income businesses, Immokalee Outreach Collier County. Public Health Dept. Government Service Health, Food (5,000/mo), Healthy Families, Healthy StarL farm share, WIC, Epilepsy Program, Insulin Program, SID Clinic · Collier County Senior Set,ices: Government Service, Elderly (900 ./yr), Rent/mortgage assistance, food · Collier County Sheriffs Office: Law Enforcement, Elderly (Sec SalVTriad) · Collier County Sheriffs Office (DRILL): Law Enforcement, Youth (60/yr) · Collier County Human Services: Government Service - 29,000 people served, rent, RX, medical · Collier County Veterans Services: Government Service, vets, health care, RX (2,500/yr), service-connected disabilities * Collier Harvest: Food for non-profits and shelters. · Collier Health Services Service: Medical (42,000/yr), HIV/AIDS (130/yr), RX, (Marion E. Feather) OB/GYN Clinic, Immokalee Outreach · Collier Housing Alternatives: Non-profit services & provision housing alternatives (Section 811) Community Foundation of Collier County: Funder & Service, Rental assistance for victims of domestic violence (100 ./yr), technical assistance for non-profits Consumer Credit Counseling: Senice, Education (667/yr), home buying and debt counseling David Lawrence Center:. Community. mental health provider, substance abuse counseling ~ id ~hit~etlt,u housing and case management. Outreach drop-in center, ACT lmmokalee Outreach ($10,0tX 21 2OO3 rr), PATH - ~ 2003 CoC C~ olidated ^ )lLm_Oon Project for Assistance in Transition from Homelessness, Supportive hoosing (22 I~de), medical ~-~ces (RX), clorox, education, yca~h~ Otttreat:h drop-/n center, FACT- Florida Assertive Community Treatment Immokalee Outreach (10,000/yr) _and ~_~pportive employment services · Depar~__ment of Elder Affairs: Service & Housing. Elderly, RX (Syr) · Dr. Piper Ce~. Elderly, co~nani~as, direct aid, fost~ gmndpare~ lmmokalee Outreach · Empowerment Alliance: Works to balance economic and c:ommllllity d~v~lOl~)lXlClll thtotlgh education and training, housing economic development and commtmity imag~ alld pride in Immokalee and eastera Hendry · Epilepsy Services: Sexvice, Health, RX, Bicycle & Pedestrian Safety, distributes bike helmets, Immokalee Outreach, meal_ i_eai for sei~awe disorcl~rs and RX for same, once-a-month clinic in Immokale~ · First Assembly of God: Faith Based Housing, Tran~tional housing (Opened 8 Park Model Homes housing 20 individ]mlg) · FL Dia~onostic & Learnin~ Resource: Service, Youth with di~abil~ea (626/~), Outreach System · FL Lutheran Mini.~ries: Service & Housing, Youth emergency shelter (510/yr) 24 beds in Lee County · Guadalupe Family Center: Service, Childcare, supportive services (5,000/yr), food, clothes pantry, shower room, Immokalee Outreach · Guadalupe Social Services: Service, Food, supportive services, rent assistance, RX, legal, mental health, education, Immokalee Outreach (5,000b/r) · Habitat for Humanity: Housing, (100/yr/3 bdrm.), in Immokalee and Naples. · Harry Chapin Food Bank: Service, Food pantry · Immokalee Child Care: Service, Childcare (100/yr), Immokalee Outreach · lmmokalee Friendship House: Service & Housing Emergency shelter (44 beds, 6 cribs), food, supportive services, Immokalee Outreach · lmmokalee Multicultural Multipurpose Community Action Agency: Services including job training. placement, rent & utility assistance and other support services · lmmokalee Non-Profit Housing: Housin~ Immokalee Outreach · Inteilitran: Service, Transportation for disabled (125,000 trips/yr), lmmokalee outreach · Joe Logsdon AIDS Foundation: Support groups, advocacy, food bank, counseling transportation assistance, massage therapy, acupuncture (120/yr) · Literacy Volunteers: Service - Education (121/yr) · Lorenzo Walker Vo-Tech: Service, Education (5,800/~), Immokalee Outreach · Maverick House: Service & Housing - Male substance abuse treatment (12 beds) · NAMI: Service, Mental health, RX (1,300-1,500/yr), Provide support groups for individtu s (480/yr) J · Naples Community Hospital: Service,__Health, mental health, Health Care System 22 p~. 2003 CoC Consolidated Application · Neighborhood Health Clinle: Service, Health, RX · PACE Center for Girls: Service, Youth, education, mental health (70/yr), Immokalee Outreach · Redland=s Christian Migrant Service: Childcare, education, lmmokal~ Outreadl, Associatioll (980/yr), Charter School, serves K-5 · SALT/TRIAD: Service, Elderly, Outreach · Salvation Army: Service & Housing, Transitional Housing (35 beds), food, childeare capacity (49/yr), support services, rental assistance, utility assistance, clothing, furniture, RX Shelter for Abused Women: Service & Housing, Emergency shelter (40 emergency beds and 20 transitional beds), hotline, mental health, food, legal, supportive service, Elders, rental and utility assistance, relocation, furniture, clothing, housing advocacy, Court Outreach, Children Outreach, Immokalee Outreach, (7,000/yr) · Sr. Connections: Service, Elderly, food, Outreach, (meals on wheels) (360/yr) · Sr. Friendship Center: Service, Elderly Health, denlal (1,500/yr), vision, psychiatric, orthopedic and dermatology · St. Matthews House: Service & Housing, Emergency shelter (122 beds), food, supportive services, rent/utility assistance, POC clothin$, furniture, Outreach · St. Vincent De Paul Society: Service, Rent & emergency assistance, Elderly & disabled food (meals on wheels), clothing, furniture, gas vouchers. · Sunlight Home: Service, Housing & Emergency shelter for pregnant women (6 beds), food, supportive services · Veterans Homeless Outreach: Government Service, Vets, lransportation, housin~ mental health~ health (70 ~/yr), Outreach · WINGS: Service, Housing Adult female substance abusers and providing treatment (8 beds) · Wolfe Apariments: Service, P¢,-,anent Housing for residents lransitionmg out of emergency shelter (46 beds) · Youth Haven: Service, Child Care, infant emergency foster care, (NOTE: CLOSED 25 beds for youth in 2000) Services Planned: Connection to existing services will be significantly enhanced in time with the advent of a more efficient and computerized RMIS system as an adjunct to counectmg those in need to appropriate services. How Persons Access/Receive Assistance: Homeless persons learn about community emergency resources primarily through referrals thr, ugh social service agencies. In some cases, homeless persons are also referred to services by local faith based commumties and local law enforcement agencies. In the later case, law enforcement personnel may bring them directly to services. Some services provide transportation to their facility. Services are open to all homeless populations. 23 JUN 1 0 2003 2003 CoC Consolidated Application F. Homing Activity Chart How to Complete the Ho,sing Activity Chart · Starting with the information on the 2002 Homing Activity Chart, please update that information and show all housing activity on the following chart for 2003. Please provide information on each facility concerning: (1) the location of the facility/voucher program, u~ng HUD's geographic codes, (2) the target populations, and (3) each facility/voucher program under developmenL Ceo Code column: Indicate the Geographic Area Code (Geo Code) for the facility. Where there is only one geographic code for the Centmuum, check the box and indicate that ~ in the first facility listing oflly, ff the project is located in multiple jurisdictions, select the jurisdiction where the majority of the inventory is located. Target Population columns: Column A, Select the code that best represents your project: SM=ouly Single Males (18 years and over); SF=only Single Females (18 years and over); SMF=only Single Males and Females (18 years and over with no children); FC=Families with Child~ea; YM=only nnaccompamed Young Males (under 18 years), YF=only tmaccompamed Young Females (under 18 years), YMF-~maccompanied Young Males and Females (under 18 years), and O=Others. Column B, Indicate whether the facility serves these additional characteristics: DV=only Domestic Violence victimg, VET=ordy Vetcralls, and AIDS=only p~rsolls with I-Ii~/AID$. Current Inventory: List all facilities and voucher program.~ that are currently operating. Under Development: List all the projects that are fully funded but are not yet serving homeless people. (Although you may require multiple pages to respond to this item, your response will count as only one page towards the 30-page limitatiott ) Fundamental Components in CoC S},stem - Housin~ Activit~ Chart Component: Emer~enc~ Shelter Provider Name Facility Name Geo Target Bed Capacity Code Population Individuals Families with ~], Children Current Inventor)' A B 2002 2003 2002 2003 Immokalee Friendship Immokalce 129021 FC 19 19 25 25 House Friendship House Shelter for Abused Women Shelter for Abused 129021 FC DV 0 0 20 40 Women St. Matthews House I St. Mattl~ews House 129021 SMF 101 101 21 21 Lutheran Services - Oasist Lutheran Services - 129021 YMF 24 24 0 0 Oasis Subtotal 144 144 66 86 Under Development Subtotal 0 0 Component: Transitional H ousin~ Provider Name Facility Name Geo Target Bed Capacity Code Population Individuals Families with ~--], Children Current Inventot~ A B 2002 2003 2002 2003 Salvation Army Transitional Living 129021 FC 0 0 35 35 Center First Assembly of God Campus of Care 129021 SMF 20 20 0 0 Shelter for Abused Women Wings of Hope 129021 FC DV 0 0 0 20 Sunlight Home Sunlight Home 129021 YF 0 0 12 12 Subtotal 20 20 _ 47 d? a~,~~~ Under Development Subtotal 33-- 0 ~[J[ ] 0 2003 24 2003 CoC Consolidated A~plication Coml~onent: Penmment Sss~i~ortive Homin~" Provider N~e Fac~ Name ~ Ta~ ~ Capad~ C~e Population ~duals Famili~ ~th ~, Chfld~n Cu~nt ~vento~ A B 2~ 2~ 2~ 2~ Dahd ~m~ C~ Co~ Ho~g 12~21 S~ ~ ~ 0 0 Mt~ves Subtotal ~ 22 0 0 Under ~velopment St. ~ Ho~ Woffe A~ 12~21 [ S~ [ 46 0 I Sub~t~ 46 0 'CoCs that hst only one geographic code m their Apphcafion Summary sheet may check this box and should ideatif7 the Geographic Code. All other CoCs must identif~ the location of each facility by the geographic code. "Permanent Supportive ltousing is Shelter Plus Care (S+C), Section 8 SRO and Supportive Housing Program-Permanent Homing compon~at (SHP-PH). It also includes any permanent homing projects dedicated exclusively to s~ving homeless persons such as public hoUSing units that have been dedicated to housing homeless persons. 25 ! JUN 1 0 2003 2003 CoC Consolidated Application Continuum of Care: Housin~ Gaps Analyis Chart Current Inventory in 2003 Under [ Unmet Need/ Development in Gap 2003 Individuals Example Emeqlenc~J Sl~r 100 40 26 Emergency Shelter 144 0 196 Beds Transitional Housing 20 33 135 permanent Supportive Houain[~ 22 33 95 Total 186 66 426 Persons in Families With Children Emergency Shelter 86 0 117 Beds Transitional Housi~ 67 12 109 permanent Supportive Housin~ 0 12 34 Total 153 24 260 Continuum of Care: Homeless Population and Subpopulations Chart Part 1: [lnmeless Population Sheltered Unsheltered Total Emergency Transitional Example:. 75 (A) 125 (A) 105 (N) 305 1. Homeless Individuals 218 l 4 394 626 2, Homeless Families with Children 20 4 0 24 2a. Persons m Homeless Families 53 11 0 64 with Children 271 25 394 690 Total (lines 1 + 2a) Part 2: Homeless Subpopulations Sheltered Unsheltered Total l. Chronically Homeless 31 95 126 2. Seriously Mentally rll 30 3. Chronic Substance Abuse $9 4. Veterans 37 5. Persons with HIV/AIDS 3 6. Victims ofDomestic X/~olence 33 7. Youth 44 26 JUN 1 0 2003 2003 CoC Consolidated Application Homeless Management Information System (HMIS). (Your response to tids itoh ~ill nat count towards your 30-page liinifatiolt ) Congress has established a national goal that all communities should be collecting an array of data on the homeless, including unduplicated counts of the homeless, their use of s~atiees and the effectiveness of local assistanc~ sysamas. In order to achieve this objective, HUD has encouraged communities to develop a Homeless Management Information System (HMIS). Describe in a brief narrative your Continuum of Care (CoC) strategy to implement an HMIS, providlm~o a schedule for implementation and describing the progress you have made to date. iltdudi~ obtailling the participation of emergency shelter, transitional homing and McKinney-Vento permanent supportive homing provider~ HUD is mandating that all local Continunm.~ of Care implement a Homeless Management Information System by October 2004 in order to continue to receive funding. The funding received through the CoC is critical to Collier County because currently there is limited local funding of services for homeless and at-risk of homelessness persons, mainly through private and nonprofit sources. The Coalition did apply for and receive CDBG funding for HMIS, but there are no general revenue tax dollars available for this project. Projects like the EASF Immokalee Pcx,-~anent Housing, Collier County Department of Human Services Rental Assistance and Prescription Medication, Catholic Charities Mental Health Counseling program and The Learning Connection Project Education will suffer if Collier County becomes ineligible for funne funding and does not participate m an HMIS system. In addition, we will become ineligible for CoC sponsored State Challenge Grants and State Homeless Housing Assistance Grants through the Depamnent of Children and Families. The Collier County Hunger and Homeless Coalition has completed its "data gathering stage" of collecting information from adjacem communities and software providers on the implementation of an HMIS system in Collier County. Through the Continuum of Care process, this FIMIS system has been discussed for the past two years and an HMIS sub-committee was formed in Summer 2002. Thc HMIS sub-committee has facilitated presentations from three different service providers: Bowman Intemet Systems/ServicePoink Simplicity Computer Solutions and Radii Technologies. HMIS information has been presemed at every monthly Coalition general mecting to help educate the Coalition membership. An I-[MIS Listserv was created through the Naples Free Net to enhance commtmication and information sharing for those agencies interested in HMIS. The HMIS sub-commiuee surveyed members to determine which agencies were ready to participate. Six agencies have committed to participate as the pilot group to implemem the HMIS system. They are St. Matthew's House (providing emergency shelter and permanent housing for the homeless), David Lawrence Center (major mental health care provider in Collier County), Child Care of Southwest Florida (provides child care vouchers to the homeless; management and oversight of child care centers and child care development and training), Collier County Department of Human Services (provides rental assistance and prescription medications to the homeless), Catholic Charities (provides counseling, life- skills, prescription medications, food and clothing for the homeless) and the Immokalee Friendship House (provides emergency shelter and supportive services for the rural homeless). This pilot group joined the HMIS sub-committee and began it's Phase I meeting schedule from January 2003 through April 2003 to determine the following in preparation for the 2003 Continuum of Care and Summer 2003 State of Florida Challenge Grant applications: 1) equipment and data commuaication needs; 2) system configuration to determine what data to mack, what is shared and what remains confidential; 3) computer hardware needs of the participating agencies; and 4) computer training needs of participating agencies. Phase II of the HMIS process vail begin in August of 2003 with its wain goals to l) choose a software provider and 2) determine the job description and employment arrangements of the systems administrator. Phase III will begin in January 2004 and focus on the actual implementation of the HMIS in Collier County. The I-IMIS sub- committee will also begin developing a specific system implementation and training schedule with each participating agency to meet the goal of having the ~stem in place and r~mning no later ~han August of 2004. During this time period we will encourage other agencies to consider participation in the HMIS system as well, and the Coalition has notified all 2003 CoC applicants that HMIS participation is mandatoJ. · ff aw ' ' ' The Collier County Hunger and Homeless Coalition will be the umbrella organization to co~Vm!~j~ee~tij~[It~[~[~3 [ system as well as providing a systems admimstrator who will be available to each partic 2003 CoC Consolidated Application provide on-going Un_ ining ,'md technical assistance. Once the initial system has been purchased with available grant funding, the agencies will designate a staff person to be the agency administ~or who will work with the local systems administrator tO oversee each agency's ttMIS implementation. Pa~icil~_0ng agencies may be required to provide some annual funding as deemed necessary by the HMIS sub-committee including annual operator license fees and a contribution to the systems administrator salary. The HMIS sub-committee will determine these portions of the HM/S plan as they continue developing ~ Collier County system. Additionally, the SW FL Coalition for the Homeless is encouraging discussion of the pros and cons of a regio~ali?ed HMIS. This subject will be discussed at the anmml conference on May 29t~ and 30~. b. Please check one of the following which best reflects the status of your CoC in having a Coatimmm-~ ~ (~ Section O of ~e'e "Questions and Answers" supplement to the application before completing): The CoC has not yet considered implemealing aa HMIS. The CoC has been meeting and is considering implementing an HMIS. The CoC has decided to implement aa HMIS and is selecting needed software and hardware. Thc CoC has implemented a Continuum-wide HMIS. The CoC has implemented, but is seeking to utxtate or change its current HMIS. The CoC has implemented, but is seeking to expand the coverage of its current HMIS system. c. If)'our CoC has already implemented or is seeking to update or expand its FIMIS system. Not applicable. e Priorities. Having now assessed the need in your community and having compared it to your existing Continuum of Care system~ please provide the following: a. Using your gaps analysis findings, complete the Continuum of Care: Project Priorities chart that follows according to the instructions provided. (Refer to the chart for specific instructions and examples,) b. Describe the methods you use to determine whether projects up for renewal are: (1) performing satisfactorily and (2) effectively addressing the need(s) for which they were designed. Not applicable. We are not submitting any renewals this year. Describe how each project proposed for funding will fill a gap in your community's Continuum of Care system. (Although you may require multiple pages to respond to this item, your response will count as only one page towards the 30-page limita~n.) roject #1l Lead Applicant: Empowerment Alliance of SW FL Community Development Corporation Target Population: Homeless individuals and families Continuum Placement: Permanent housing with support services for person with disabilities Project Numbers to be served: 8 units with residential capacity of 16 Brief Description of Project: Project sponsor proposes ~o purchase land and construct four duplex structures for a total of eight umts for homeless persons and families with disabilities in Immokalee. The EAF~ has identified property adjacent to their current single-family housing development for this project. They will be overseeing the project development, acquisition of the site, site engineering, and construction of the project in cooperation with the Collier County Housing Authority (CCHA). Once completed, CCHA will manage the properties and assist the resident in accessing supportive services. 28 JUN I 0 2003 2003 COC Consolidated Application Lead Applicant: Collier County Hunger & Homeless Coalition Target Population: All Homeless Continuum Placement: HMIS Project Numbers to be served: 1,000- 1,200 Brief Description of Project: Project sponsor proposes to imptement the Homeless Management Information System (HlVlIS), a computerized data collection system specifically designed to capture client information data over lime on the characteristics and service needs of men, women and chil&-ea experiencing homelessness in Collier County. The U. S. Department of Housing and Urban Development is requiring all Contmmun of Care grant recipients to implement and HMIS by October of 2004. This project sponsor plans to have the I-IMIS fully implemented beginmng in August of 2004 with six agencies who have agreed to participate in the initial system implementation process. These agencies include: Catholic Charities of Collier County, Child Care of SW Florida, Collier County Department of Human Services, David Lawrence Center, Immokalee Friendship House and St. Matthews House. Lead Applicant: Collier County Department of Human Services Target Population: Homeless individuals and families needing rental assistance and prescription medications Continuum Placement: Supportive services Brief Description of Project: Project sponsor proposes two programg within this project. The first program component is to assist men and women who have received a formal notice of eviction from their landlord and are facing eviction with seven (7) days of application for assistance from the Collier County Department of Human Services. Thc second program component seeks to assist individuals who are currently homeless and being treated through the David Lawrence Center crisis stabilization umt and are in need of prescription medications to stabilize their symptoms to enable them to seek permanent housing in Collier County. For this component, the CC Human Semces Department will work collaborafively with the David Lawrence Center to administer the prescription medication program project g4 Lead Applicant: Catholic Charities of Collier County Target Population: Homeless Individuals and Families in Immokalee Continuum Placement: Supportive services Brief Description of Project: Project sponsor proposes to hire one bi-lingual mental health counselor who will provide therapy for homeless indivithml~ and families experiencing homelessness. Over sixty (60) percent of the clients served in this program will be individuals residing in and around the Inunokalee area. The balance of clients served will be from, but not limited to the East Naples or Golden Gate communities. The licensed climcian hired for this position will perform clinical assessments and treatment plans and referrals for additional services will be provided. It is anticipated that seventy (70) percent of the client referrals will come from area shelters such as the lmmokalee Friendship House, St. Matthews and the Salvation Army. The remaining thirty (30) percent will seek services as a 'walk-in' from the street or as a referral from other social service agencies. ~Project Lead Applicant: The Learning Connection Target Population: Homeless Youth and Adults Continuum Placement: Supportive services Brief Description of Project: Project sponsor proposes annually to provide educational supportive services to sixty student youth and thirty, adult homeless individuals Collier County. Project education is divided into two parts. The acronym ACTS stands for advocacy, consultation and tutorial services for children. LEAP stands for learning, empowering, adult potential for adults. Ninety percent of the clients will be referred through area shelters and the remaining ten perce~ will he referrall through the Collier County Public Schools, various social sendce agencies and word-of-mouth. AGEI~A ITEM _ JUN 1 0 2003 29 2003 CoC Consolidated Application d. Demonstrate how the project selection and priority placement processes were conducted fairly and imparlJally, and gave equal consideration to projects sponsored by nonprofit organi~tiolls. In doing so, (1) specify your open solicitation efforts for projects; (2) identify the objective rating measures applied to the projects and demonstrate that participants on the review panel or committee are unbiased; and (3) explain the voting system used. Finally (4), ff written complaints concerning the process were received during the last 12 months, please briefly describe them and how they were resolved. 1) Project Solidmiio~ Efforts: At the Sepiember 2002 meeting of the Collier County Hunger and Homeless Coalition it was announced that agencies should begin to develop their pl~an.~ for housing and support services for the next round of Continuum of Care funding. The membership of thc Hunger and Homeless Coalition was reminded at each monthly meeting about thc Continuum process and how their individual agencies could participate. An outside consultant was hired through a grant to hold three (3) CoC workshops in November 2002, ~md January of 2003. A wide cross section of agencies attended these Continuum workshops and discussed their plans for providing housing, services or other assistance to the homeless. City and County staff and nonprofits with CoC experience have been available to provide technical assistance to those agencies m need. As a result of regularly scheduled CoC meetings, technical assistance workshops, and release of the SuperNOFA, a number of agencies determined that they were not ready to apply for funding in 2003 or that their program.~ ghat did not fall within the guidelines of the SuperNOFA. As a result, five agencies decided to submit an application in thc 2003 cycle. 2) Objective Rating Measures Applied to Projects and Participants on Review Committee or Panel: In the 2001 cycle a separate grant application review committee was established to review the proposals. In 2002 it was determined that the CoC steering committee would review and rank the applications with each agency on the CoC steering committee having one vote. In 2003, a separate grant application review committee was again established to review proposals. See the attached ranking sheet for 2003. Each agency is allotted five minutes to provide a presentation to the steering committee. There is then an opportunity for questions and answers with each agency representative completing a ranking sheet. Upon completion of the presentations each agency will cast their vote to rank the three proposals. The ranking criteria were as follows: ~ Evaluation Component: Has the applicant taken a comprehensive and critical look at the program, assessed what was learned and made appropriate program adjustments? (10 points) ~ Explicit link to NOFA Goals: (10 points) ~ Leveraged Resources: Has the applicant demonstraled that it has gathered resources over and above the money requested from HUD? (30 points) Collaboration: Has the applicant demonstrated how the program/housing activity is related to other activities/strategies taking place in the commumty and will work in coordination with other providers/programs/housing? (20 points) ~ Relative Impact on Percent of Homeless Population Served: Percentage of people affected relative to the overall homeless sub-population targeteck (5 points) ~ Project Feasibility: Is it likely that funding will result m completion of the project? (5 points) ~ Accessibility of Project: Where services are located and how available to homeless populations targeted. (5 points) ~ Knowledge of Target Population: Ability to document the needs of the homeless and coordinate services to meet those needs. (5 points) ~ Organi?ational Capacity' Does the applicant have access to staffing and administrative resources necessary to successfully implem3nt the planned activities and manage the grant properly? (10 points) No renewals were submitted for funding m 2003, therefore no criteria were established. 3) Voting System Used: Each member of the Review Committee had one vote. At~er applicant presentations, each voting mem scoring sheet. A tally of the votes determined final ranking. 4) If written complains concerning the process were received during the last 12 months please des how they were resolved: There were no complaints received regarding this 30 2003 CoC Consolidated Application 8. Supplemental Resources. HUD funding is limited and, therefore, can provide only a portion of the resources needed to successfully address the needs of homeless families and ~i~. This being the case, please provide the following: A. Proiect Levera~in~ Fill out the Contimmm of Care: Project Leverafi~ chart. ~See instructions with chart~. Continuum ofC~are: ProiectLew ravin2 '~:~ ........ ' it '- - - - '~ =-= ......... - ................ ~ -':+'~ ..... :~ :'~:?C~----~- ~- '~ ~: ~ P~ ~h HO~ CD~ ~ $574,~ I H~g 2 ~i~C~H~S ~h CD~ ~ ~-~ f~ Se $50,~ Ho~l~s C~on 3 Re~ ~si~e md C~h CD~ ~& ~d~ to Se $38~80 M~i~on ~si~ce ~ C~ Hu~ S~ces ~m f~ ~w ~me ~nl Resid~ of Colli~ ~unty, ~o~ 4 M~ H~h C~nsei~g for ~h (~1~) f~ C~o~c C~ties of ~i~ $19,0~ Homel~sClients ~el~g ~d vouches ~y f~ a~ce to Positive P~ting ~m 5 ~e ~g Co~e~ai~ C~h ~vate ~n~ and Agency ~6,420 ~ofessio~ ~s, Volunte~ T~ md office S747~700 TOTAL *Please enter the $,aIue of the contribution for which you hmv a written commitment at time of application submissiot~ 31 JUN 1 0 2003 2003 CoC Consohdated Apphcation Enrollment ~nd Participation in M,.in~tream Programs. Describe your Contim~ttn of Care_~-wid¢ su'at¢~v currently in place ~o sv.stematicalI.y: (1) I~m~rrn~, ~t.xGmmrr~. of homeless perscas for mainstream programs. (2) tmu,_...._~o~ them in the following progmtm for which they are eligible: SSI, TANF, Medicaid, Food Stamps, SCI-lIP, Workt'orce Investment Act, and Veterans Health Care. (3) m~s~z ~ ~zcm~. a~isUmce under each of tbe prograx~ for which they ~e em'oiled- As an umbrella entity, the Collier County Continuum of Care does not have one process in place to assist families to obtain mainstream resources. However, many agencies participating within the Collier County Hunger & Homeless Coalition have their own internal mechaninmn for connecting clients to existing main~h-eam resources. The implementation of the HMIS system in the late s~mmer of 2004 is expected to facihtate client access to these services. As an example, the Shelter for Abused Women has two (2) Outreach Advocates who assist clients in receiving services including, but not limited to, TANF, Food Stamps, health care, legal assistance, Workforce Investment Act assistance or other services appropriate for thc victim of domestic violence and their family members. Thc Outreach Advocates go with the DV victim to seek out State and Federal assistance through the Department of Children and Families, Social Soctmty Administration or other approprime agencies. These Shelter employees are paid with TANF funds and "advocate" on behalf of their clients to ensure that they receive the services to which they are entitled. In addition to the two Outreach Advocates at the current Shelter for Abused Women facility, the new facility, "Wings of Hope", will provide expanded services including counselors who will assist DV victims transition into permanent housing. These counselors will also assist with referrals to Child Care of Southwest Florida voucher program, health resources, education and job training, counseling and any other support service that these families may need as the leave the emergency shelter or transitional housing components of the "Wings of Hope" facility.. Although the Shelter for Abused Women does have staff members and legal assistance that can act as an advocate for their clients, many of the other nonprofit organizations do not have this staffing capability. The case managers from St. Matthew's House, Salvation Army, David Lawrence Mental Health Center, County Veterans Services, Immokalee Friendship House and the other facilities that provide homeless assistance do not have sufficient staff and fimds to provide each client with a case manager/advocate who can assist them through the system. Case managers from these agencies, and others, will refer their clients to mainstream resources including Social Security Administration, Department of Children and Families, Veterans Administration health care programs, Medicaid/Medicare or other state or federal funded programs. However, under the current system these nonprofit agencies do not currently have sufficient resources for the extensive follow-up work generally required to ensure that each client gets the assistance that they are seeking and to which they are entitled. Since the Hunger & Homeless Coalition was able to hire a part-time coordinator who began in September of 2003, pan of her job will be to initiate targeted efforts to develop a system-wide approach that will significantly improve access to mainstream resources for homeless individuals and families throughout Collier County through a coordinated advocacy network targeted specifically to homeless populations. 32 JUN 1 0 2003 2003 CoC Consolidated Application C. Participation in Maimtream Programs and Employment. I~IPORTANT: If you are no..Jt submitting any renewals in this year's competition, provide the chart using the most recent APR for aH currently operating SHP and SPC projects in your continuum. Our Continuum is not submitting any renewals this year. We have only one current project that has completed an APR. This information is listed below and is for The Salvation Army. Participation in Mainstream Programs and Employment Chart What is the total number of projects represented in this chart? 1_ 1 2 3 4 5 6 7 Income Source Adults Who Source % wi Income Source % w/Income Entry/Exit Exited (All of at Entry of at Exit Difference Renewals) Income (Col 3+Col 2) Income (Col 5~-Col 2) (Col 6 - Col 4) at Entr~ at Exit a. SSI 8 I 13% 1 13% O e. TANF 8 3 38% 3 38% 0 h. Employment Income 8 1 13% 5 k. Medicaid 8 4 50% 7 1. Food Stamps 8 7 88% 7 88% 0 n. No Financial Resources - . _ 33 JUN 1 0 2003 2003 CoC Con~lidated Appli~on D. Use of Other lVhinstre~m Resource~ Using the following format, describe how thc identified mains~am_resourccs are [ currently (within the past 2 years) being used to assis3 homeless persons (see definition of "homeless person" in Glossary,): "Prevention" activities are n~ to be included. Please ensure that there is no overlap between the resource funds listed on your Project Leveraging Chart and the uses/project~ described below. (Allkough you may require mu/a/ac pagm to nwpond to t/as/t~m, y, mr rmpome ~ ca,mt as o~/y one/~e tm~m'ds tke 2003 Continuum of Care Mainstream Funding Resources ~¢;~ ~Ms~mm~nm use o~ Retowre inCoC Sptem for Hmsteleq ,, Specific l~oject ~ Amour ~ n~ber of homele~ ~ ~ CD~ Co~i~ Co~ H~ S~s- ~on ~ S18,0~. ~t C~t ~m~ ~o~ Hm~ ~ Homele~ C~fion-~~e Cons~fion $32,140. Subtotfl $S0,140. HO~ Hous~ Choice Voucben (~y ~ "pfiofiW' is ~v~ to homd~s) Public Hous~ (oMy ffm~ ~e d~ to homel~s) Mental H~itb Block G~t Substance Abme PACE- SpMt~ G~ls $21,000. Bilk G~nt ~t C~t ~4~s - ~v ~ Fr~ Com. ~t Subtotfl $21,~. Social ~cm Nei~rh~ H~lth Cl~c-~t Cli~t ~C~ $12,000. Block Grant Se~ices ~C~-Rent, f~ & ufi~a~-S~ifl Svcs. ~C~ $15,~. Bl~k ~t Subtotal $2~,~. Welfa~t~Work Nei~rh~ H~I~ Cl~c-~t Cliff Shelt~ for Ab~ $2~,545. S~i~s Women of Collier Co~t Subtotal S2~,545. State, deal Semor Solmio~o~lmg P~ Co~g $37,500. Pr~mms ~fid ~ C~t~M C~ts PA~ $102,0~. Nei~rh~ H~ CI~c-L~ ~f~ WMgs ofHo~ & $320,~. (1~ 1~) ~ct fees St Ma~exv's House ~o~1~ Ffien~p Ho~-Dk~t C~mt Svcs Gr~t ~ ~de $56,~0. Nd~rh~ H~ C~t of C~&~ ~ ~o~1~ $17~49. F~ly-Shel~ Wom~ ~ C~&n Ffi~Mp Hou~ PACE-~t C~t ~ces Life S~ ~. ~07,0~. DJJ~E-~<t C~t Svcs Life S~ ~. $185,0~. Nei~th~ H~ C~c-Smte To~-~t Shelt~ for Ab~ $5~,~. Cli~t S~i~s Wom~ of S.W. ~ ~ Wings of Ho~ Nei~rh~ H~I~ C~S~ ~ Rev.- WMgsofHo~ $850,~0. D~<t Cli~t S~s Sta~ded ~bly of ~-Ho~mg-~ &~t ~c~ Tml~ $710,0~. Pr~mms (cont) Shelt~ for Ab~ Wom~<t cli~t Shelt~ for Abu~ $117~00. ~ asa~-~~A Women~ll ~ ~o~s Shelt~forAb~ $52,0~. JUN 1 ] 2003 CoC Consolidated Application Shelte~' for Abused Women-Direct Client Women-all Assistance-Emergency Shelter Grant-HUD programs Shelter for Abused $1,000,000. Shelter for Abused Women-Direct Client Women-all Assistance-State of Florida Capital Grant programs Collier County Public Schools-Homeless Liason Collier County $48,450. StaffPosition-State Funding Public Schools St. ~s House-dim~ client assistance- Si. Matthew's $4,655. FEMA House Programs Subtotal $4,407,054. City/County The Learning Connection-Education tbr at Risk Phoenix $6,000. Funded Programs Youth Neighborhood Health Clinic Immok Friendship $14,000. House, Wings of Hope, Collier County Human Services-Medical Asst. & Medical Assr Prog. $750,000. Prescription Drug & Prescript_ Drug P. Shelter for Abused Women-Direct Client Shelter for Abused $15,000. Assistance-Victim's Compensation Women Subtotal $785,000. Private The Learning Center-Tutoring/Advocacy TLC $1,000. PACE-Direct Client Services-Individual Donors ZONTA $20,000. Immokalee Friendship House-Direct Client $300,000. Services-Individual Donors Neio~tborhood Health Clinic-Direct Client St. Matthew's Hse $162,000. Assistance(rent, utilities, & operating)-Private Immokalee Individual Donors Friendship Hse Guadeloupe Center of Immokalce-Direct Client Soup $60,000. Assistance Kitchen/Shower Program Churches-Direct Client Assistance (food, rental St. Matthew's Hse $185,000. assistmice, and operating) hnmokalee Friendship House The Salvation Army-Direct Client Assistance- TLC $439,549. Transitional Housing Mental Health Assoc. of Collier County-Direct All Programs $50,000. Client Assistance Assembly of God-Special Needs Transitional Special Needs $368,460. Housing, Food, Counseling, Education Transitional Housing First Assembly Ministries-Temporary Housing First Assembly $40,000. Ministries Collier County Health Dept-Direct Client Collier County $19,500. Assistance-HOPWA & HUD Health Department Catholic Charities-Mental Health Counseling, Family Counseling $4,339. food, prescription program, clothing, eyeglasses, Center and Elderly physical exams-Donations/Fundmisers Outreach Program; Family Resource Center' s Direct Private (cont.) Assistance Food Panlxy, Prescription Program; Back to Scliool Program; Undy Sunda~; Gift of Sight~ Ouadalupe Social Services~ vant y, Prescription 35 003 CoC Consolidated A ~li~_tion Shelter for Abused Women-direct client Shelter for Abused $3,353,000. assistance-Private Donations & Capital Campaign Women-all programs United Way Utilities, rent assistance and mass shelter St. Matthew's $46,546. (IZEMA) Hou~ Mass Shelter Mass Shelter SAWCC Rent Assist. ace Salvation Army Rent. Temp. Asst. Red Cro~ Rent. Utility Asst. GSS Food Cmadalupe Center Rent. Utility Asst. Catholic Charities Subtotal $5,02g,894. Foundations The Learning Connection-Community Tutoring PEG $1,000. (Identi~ by name) Neighborhood Health Clinic-Operating Shelter Wings of $$5,620. PEG Computers & Direct Services Hope, St. Matthew's House, & Wolfe Apts CommurLi~ M~tal H~alth Association of Collier County- All Programs $15,000. Foundation Summer Skil/s-CommmLity Foundation The Learning Connection-individual intervention Professional Giver's $2,000. Anonymous (PGA) Foster Care The Learning Connection-Foster Care Council of Collaborative $3,000. Council of SW. F1 S.W. Florida- Direct CLient Services United Way The L~arning Connection, Mental Health All Pro~ms $ lg2,000. A~so¢iation of Collier County, & Neighborhood Health Clime-United Way Training, Adult Consultation h-mnokalee Neighborhood Health Clinic-Direct Service to Immokalee $15,O30. Foundation Clients-Immokale~ Foundation Friendship House Shelter for Abused Women United Way Neighborhood Health Clinic-Client Services-two Salaries $75,000. (2) Salaries Naples Child_ Fncin PACE-Salary Adj.-Naples Children's Foundation Salary Adj. $100~000. Collier Foundation PACE-Literacy-Collier Foundation Literacy Project $30,000. PACE-Transitional Services-Immokale~ Transitional Svcs $15,700. Foundation Foundations Cont Various Immokalee Friendship House-Various Varies $100,000. Foundations Foundations (*note-mostly private average gl ,000.ea) PGA N~ ighborhood Health Clinic-Client Services-PGA Neighborhood $20~000. Health Clinic St. Vincent DePaul St. Vincent De, Paul-Food, Clothing, & Emergency Transitional $80,000. Transitional Housing Housing The League Club Professional Givers Anonymous, The League Family Resources $5,817A9 Club, United Way-food, prescriptions, mental Center's; Direct Pantry~, Prescription Program; Family Counseling Center, & Fathers Subtotal $700,137.19. Grand Total $11,240,270. 2003 CoC Consolidated Application Continuum of Care: Project Priorities O) C~) (z) (4) (~) (6) ~powerment ~an~ of ~Hi~ C~ ~d of~ S~hwe~ Flofi~ Co~ty I ~,~ ~~ ~velopm~t C~io~lee P~ H~ Collier Cou~y ~d of C~W Colli~ C~ Hung~ & Homeless 2 $155,5~ I ~iIS ~s~on~s ~litio~e~t~ HMIS Collier Co~ ~d of C~ Collier C~ty ~m~t of 3 $2~,970 2 ~SO Co~ssion~ H~ S~~ ~fi~ce~ion M~ion ~i~ce ~ 4 Collier Coun~ ~d of C~nW Ca~olic Charles of Collier $99,645 2 SSO Con.ion.s ~u~y/M~ml He~h ~unselmg ~or Homeless Cli~ts 5 Collier County ~d of CounW ~e ~ng Co~e~ion of S182.700 ~ SSO Co~io~ N~le~ojea E~caion ""Total Reques~d Amount: $1~8,914 37 JUN 1 § 2003 2003 CoC Consolidated Application Appendices JUN 1 0 200~1 ~ 0 C ~ 0 __~ E o ~ > COLLAR COUNTY HUNGER _A~ HOMELESS COALITION OFFICES AND STEERING COMMITTEE MEMBERS " 2003 Note: The Steerin,~ Committee operates as the Board of Directors OFFICERS: CHAIR: Mary Soucek, Collier County Housing Authority VICE CHAIR: Petra Jones, Mental Health Association of Collier County ~ SECRETARY: Teri Karp, Staff/Coordinator " TREASURER: Kelly Shaver-Hayman, St. Matthew's House STEERING CONEVIITTEE MENfBERS (acts as Board of Directors): Catholic Charities Family Counsehng Center 2210 Santa Barbara Blvd. Naples, FL 34116 drobinski &naples.net George DrobinskS/Loren Whipple Brian Bennett Phone: 455-2655 Fax: 455-7233 Collier County Housing Authority 1800 Farm Worker Way Immokalee, FL 34142 cchafl & aol.com Mary Soucek Work: 657-3649, Cell: 842-i026 Fax: 657-7232 Collier County Housing Authority-Sect. 8 237 Airport Road South Naples, FL 34104 cchaflsec8 &aol.com Angela Edison Work: 732-0732 Fax: 732-1002 David Lawrence Center 219 South Airport Road Naples, FL 34104 fredr &dlcmhc.com Fred Richards/Marcie Gillis Work: 261-5148, Fax 261-5348 Guadalupe Center, Inc. P.O. Box 1053 Immokalee, FL 34143 guadalupecenter&aol.com stanleyhboynton &netscape.net Immokalee Friendship House 602 W. Main St. Lmmokalee, FL 34 I42 elaudise & aol.com Stanley Boynton Work: 657-4361 Fax: 657-6816 John Lawson Work: 657-7711/Fax 657-7712 Ed Laudise Work: 657-4090 Fax: 657--5587 AC~ENDA ~ ! 1 Mental I-lealth Association of Collier County 2335 Ninth Street N Suite 404 Naples, FL 34103 ccmha @mindspring.com The Salvation Army PO Box 8209 Naples, FL 34104 robert rohland @uss.salvationarm¥.or~ St. Matthew's House 2001 Airport Pulling Rd. South Naples, FL 34112 S tmatthews @ naples.net Petra Jones W~ork: 261-5405 Fax: 261-2931 Bob RohlancYSally Braga Work:775-9447 Fax: 775-9732 Kelly Shaver-Hayman, Frank Meehan Annette Gover Work: 774-0500 Fax: 774-7146 Ex-Officio Members: City of Naples Planning Department 801 8r}t Avenue South Naples, FL 34102 s eotden @ naples,~ov.c om Collier County Government Dept. of Finance Administration & Housing 3050 Iq. Horseshoe Dr. #275 Naples, FL 34104 leecombs @ collier gov. Consumer Volunteer PO Box 494 Naples, FL 34106-0494 naplesrambow @ aol.com Teri Karp 862 7th Avenue South Naples, FL 34102 Tkarp242 @cs.com Susan Golden Work: 213-1041 Fax: 213-1045 Lee Combs Work: 659-5750 Fax: 403-2331 Janeen Person-Coale WOrk: 213-2901/Fax: 403-2331 Carolyn Alden Home: 239-417-4664 Teri Karp, CCHHC Coordinator/Staff Work: 434-0723 Cell: 357-4607 JUN 1 0 2003 COLLIER_CO TY H' G R COALI _T!ON_. *Denotes Steering Comrrfittee Member American Red Cross 2610 Northbrooke Plaza Dr. Naples, FL 341 I9 deborahhorvath @ hotmail.com Deborah Horvath Work: 596-6868 Fax: 596-6923 Audubon of Florida 109 Debron Drive Naples, FL 34112 mbauer @'audu b on. or e Michael R. Bauer Work: (239) 590-7213 Fax: (239) 34801522 Catholic Charities Family Counseling Center 22~0 Santa Barbara Blvd. Naples, FL 34116 drobinski @ naples.net *George Drobmski Work: 455- 2655 Fax: 455-7235 Catholic Charities Family Resource Center 4209 Tam/ami Trail E Naples, FL 34112 Lorenw 12 @ earthlink.net *Loren Whipple Work: 793-0059 Fax: 774-0523 Child Care of Southwest FL Inc. 269 S. Airport Road Naples, FL 34104 DonnaP @ ccsw fl. org Donna Philp Work: 643-3908 Fax: 643-4906 City of Naples Planning Department 801 8TM Avenue South Naples, FL 34102 sgolden@naplesgov.com Susan Golden Work: 213-1041 Fax: 213-1045 Collier County Government Dept. of Financial Administration & Housing 3050 N. Horseshoe Dr. #275 Naples, FL 34104 leecombs @ colliergov.net JaneenPersonCoale@ colliergov.net Collier County Government Social Services Department 3301 Tamiami Trail E Bldg. H, Room 211 Naples, FL 34112 barrywilliams @colliergov.net Lee Combs Work: 659-5750 Fax: 403-2331 Janeen Person-Coale Work: 213-2901/Fax: 403- Barry Williams Work: 774-8154 Fax: 774-3430 221 JUN ] 0 2003 Collier County Health Department 3301 East Tamiami Trail Bldg. H Naples, FL 34106 Nancy, Frees @ dob.state.fi.us Collier County Housin_g Au~ority 1800 Farm Worker Way ,~ Immokalee, FL 34142 Marvccha @ aol.com Collier County Housing Authority-Sect. 8 237 Airpo. rt Road South Naples, FL 34104 cchaflsec8 @ aol.com Edison @ acninc.net Collier County Public Schools: Migrant Ed 1880 Manatee Road Naples, FL 34114 fontdeca@email.com Collier County Vietnam Veterans 8080 Bayshore Drive Naples, FL 34112 Collier Harvest P.O. Box 11143 Naples, FL 34101-1143 lEIParrv @ aol.com Collier Housing Alternatives 4211 Thomasson Drive Naples, FL 34112 Nancy Frees Work: 732-2685 Fax: '732-2570 *Mary Soucek Work: 657-3649, Cell: 842-1026 Fax: 657-7232 *Angela Edison Work: 732-0732 Fax: 732-1002 Carmen Fontdevila Work: 417-4577 Fax: 417-4581 Joe Hayes Work: 775-9243 Fmc: l_n grid Parry Work: 2614525 (Collier Harvest Office) Fax: 593-7868 * Representative to be designated Work: 774-7821 Fax: 774-9435 Collier School Readiness Coalition 269 Airport Road S Naples, FL 34104 rrcollier@ aol.com Dorothy C. Ferguson Work: 643-3418 Fax: 643-4906 Community Foundation Of Collier County 2400 Tamiami Trail North #300 Naples, FL 34103. mebarrett @ art.net Mary Ellen Barrett (send Steering Minutes) Work: 649-5000, ext. 202 Fax: 649-5337 · Community Information & Referral of Immokalee (CIRI) Silvia Puente 417 N. 1st Street Work: (239) 657-6807 Lmmokalee, FL 34142 Fax: (239) 6574901 s puente @ coil/er-lib, org JUN I 0 2003 Consumer Volunteer PO Box 494 Naples, FL 34106-0494 naplesrainbow @ aol.co~ David Lawrence Center ' 2806 South Horseshoe Dr. 2n~'Floor Naples, FL 34104 rhi_onite @ aol. corn 219 S. Ah'port Rd. marcieg@dlcrnhc.com fredr @ dlcmhc.com Dept. of Children & Families Operational Progam Administrator 215 Airport Pulling Rd. N. Naples, FL 34104 kathleen mcphillips@dcf, state.fl.us Dept. Of Veteran Services Health & Community Services Bldg. 3301 Tam/ami Tr. East, Bldg. H, #212 Naples, FL 34112 veteranservices @ coller.gov.net The District School Board of Collier County 5775 Osceola Trail Naples, FL 34109 whinnede @ collier.k 12. fi.us isetrik @ collier.k 12.fl. us The Empowerment Alliance of SW FL 690 Ninth Street North lmmokalee, FL 34142 bcacchione @comcast.net easf@earthlink.net *Carolyn Alden Horn6:239-417-4664 Robert 1-1ignite Work: 643-6101 Fax: 643-7278 Marcie Gillis Work: 455-8500 ext. 7007 Fax: 261-5348 *Fred Richards: 261-5148 Fax: 261-5348 Kathleen McPhillips Work: 643-9405 Fax: 643-9469 Peter K_raley Work: 774-8448 Fmc: 774-1667 Dee Whirmery: 254-4262 Ike Isett: 254-4274 Work: 254-4264 Fax: 254-4265 Barbara Cacchione Dottle Cook Work: 867-5466 Fax: 867-5402 First Assembly of God/Assembly Center 3805 The Lords Way Naples, EL 34114 RABeckner@ aol.com Bigmals @msn.com Florida Rural Legal Services P,O. Box 219 Fort Myers, FL 33902 Lorraine.Thompson @ frls.org Pastor Mallory/Faye Adams Renee Beckner Work: 774-1165 Fax: 774-0538 Lorraine Thompson Work: 334-4554 Fax: 334-3042 JUt 1 0 2003 Guadalupe Center, Inc. P.O. Box 1053 lmmokalee, FL 34143 guadalupecenter @ aol.com stanlevhbovnton @netscape.net guadalupejohn @ aol.com ~ Guadalupe Social Services P.O. Box 5034 Immokalee, FL 34143 brian @ guadalupess, orr Habitat for Humanity of Collier Co. 11550 Tamiami Trail East Naples, FL 34113 habitatdev @ comcast.net Harry Chapin Food Bank 2126 Alicia St. Ft. Myers, FL 33901 www.HarrvChapinFoodBank.org. Immokalee Friendship House 602 W. Main St. Irnmokaiee, FL 34142 Elaudise @ aol.com Immokalee Multiculmral Multipurpose Community Action Agency P.O. Box 949 Immokalee, FL 34143 immcaaelaine @ naples.com Intelitran 3584 Exchange Avenue Naples, FL 34104 jpvanpelt @ atc-nec.com Joe Logsdon Foundation 2496 Kirkwood Avenue Naples, FL 34112 the jif@naples.net jesalic 1 @ yahoo, c om Teri Karp 862 Seventh Avenue South Naples, FL 34102 Tkarp242 @ cs. corn *Stanley Boynton WorE: 6574361 Fax: 657-6816 John Lawson' Work: 657-7711/Fax 657-7712 .*Brian Bennett Work: 657-6242 Fax: 657-7761 Lisa Lefkow, Mary Ann Durso Work: 775-0036 Fax: 775-0477 Tom Clark, Yale Freeman Work: 334-7007 Fax: 337-1399 *Ed Laudise Work: 657-4090 Fax: 657-5587 Elaine Antonacci Work: 657-2213 Fax: 657-2338 Jim VanPelt Work: 649-0228 Fax: 649-0464 Frank Caetta, Alicia Rodriguez Work: 417-8400 Fax: 417-1371 *Teri Karp, Coordinator Work: 434-0723 Cell: 3574607 JUN 1 0 2.003 The Learning Connection 279 A/a-port Road S. Naples, FL 34104 TLCNaples @ hotmail.com Lutheran Services Floi-ida 3615 Central Ave. Ft. Myers, FL 3390~ pledeckv@lsfnet.ore abeller @ lsfnet, org Mental Health Association of Collier County 2335 Nin'th Street N Suite 404 Naples, FL 34103 ccmha @ mindsprin.e, corn NAMI National Alliance for the Mentally Ill 5020 Tarn/am/Trail N #106 Naples, Fl. 34103 c ollierarm @ aol. corn NFN - Naples Free Net 2655 Northbrooke Drive Naples, FL 34119-7932 home.naples.net Neighborhood Health Clinic 120 Goodlette Road North Naples, FL 34102 kwilbom@nei~hborhoodhealthclinic.orE nlascheid@aol.com PACE Center For Girls 201 N. 1s~r Street Immokalee, FL 34142 paceimm@ gate.net Psychotherapeutic Services of Florida Collier County FACT Program 5278 Golden Gate Parkway Naples, FL 34116 Tickelc @ ao 1. c om Project HELP, Inc. PO Box 7804 Naples, FL 34101 projecthelpinc @ iuno.com Bev Hiltabidle Work'.' 649-0501 Fax: 403-0557 Dr. Peter Ledecky A1 Beller: 278-1140 Work: 278-5400 Fax: 278-7965 *Petra Jones Work: 261-5405 Fax: 261-2931 Kathryn Leib Hunter Work: 434-6726 Fax: 262-7886 Birgit Pauli-Huack Work: 513-0862 Fax: 513-9054 Ken Wilbom Dr. William & Mrs. Nancy Lascheid Work: 261-6600 Fax: 261-6582 Threasa Miller Work: 657-2400 Fax: 657-2409 Carol Craw, David Fekete & Carol Tickel Work: (239) 649-0733 Fax: (239) 649-6026 S andy Mummert Work: (239) 649-1404 Fax: (239) 649-5520 2003 Redland Christian Migrant Association 402 West Main Street Irnmokalee, FL 34142 shirley @ rcma. org Roommate Referral S~rvice" 3245 Connecticut Avenue Naples, FL 34112 The Salvation Army PO Box 8209 Naples, FL 34104 robert rohland @uss.s alvationarm¥.org St. Matthew's House 2001 A/rport Pulling Rd. South Naples, FL 34112 mail @ stmatthewshouse.com St. Peter the Apostle Church 5130 Rattlesnake Hammock Road Naples, FL 34113 Shelter For Abused Women P.O. Box 10102 Naples, FL 34101 kherrmann @ naplesshelter.org bleonard@naplesshelter.org Society of St. Vincent de Paul 2874 Naples Blvd. Naples, FL 34104 rlambchm@ipi.net Southwest FL Workforce Dev. Board 24311 Walden Center Drive, Suite 200 Bonita Springs, FL 34134 paterno joe @hotmail.com Unitarian Universalist Congregation Of Greater Naples Social Action Committee 1101 ! Linnet Lane Naples, FL 34116 wvonse ggern @ swfla.rr.com Shirley, Sloan Work': 658-3600 Fax: 658-3d08 Diane DeConit Work: 793-1959 *Bob Rohland/*Sally Braga Maribeth Shanahan Work: 775-9447 Fax: 775-9732 *Kelly Shaver-Hayman, Frank Meehan Annette Gover Work: 774-0500 Fax: 774-7146 Clayre Carr/ery, Cathy McGourty Work: (239) 774-3337 Fax: (239) 774-3077 Barbara Tarka Leonard Work: 280-1355 Fax: 775-3061 Rachel Lambert Work: (239) 775-1667 Fax: (239) 775-2412 Joe Paterno Work: 992-8000 Fax: 948-3359 Marilyn Von Seggern Home: 594-5018 Fax: same as home but call fa- JUN 1 0 2003 United Way of Collier County 852 1st Avenue South Naples, FL 34102 Veterans Health Administration Ft. Myers VA Outpatient Clinic 3033 Winkler Extensio~ Ft. Myers, FL 33916 Lor/.berldand-j ones @ me d. va:gov WlC 3301 E. Tamiam/Trail Naples, FL 34106 renee Williams @ doh. state, f. us Emie Bretzmarm Work:' 261-7112 Fax: 261-3955 Lori Berldand-Jones Work: 939-3939 ext. 6362 Cell: 470-1729 Fax: 931-6114 Renee Williams Work: 732-2528 Fa,c: 774-8221 JUN L wale 0 ~Dr'ID [] DDOOD A r.~r. NO A ITEM JUN 1 0 2003 naplesnews.com I Printed story Page 1 of 3 To pdnt this page. select File then Print from your browser. URL: htt~://www.naplesnews.com/O2/12/naples/d877983a.htm . Naples I C~ J~[ ~ Naples front I Naples archiv.~ I help Vigil held to to build awareness about homelessness Friday, December 20, 2002 By LIZ FREEMAN, epfreeman@naplesnews.com Lori Mamn considered her blessings Thursday evening as she enjoyed a cigarette after dinner in the balmy courtyard of St. Matthew's House, a homeless shelter in East Naples. In a few moments, Martin, 36, would join other shelter residents on the.courtyard lawn to listen to "Amazing Grace," light a candle and reflect. "It will help me realize how lucky I am to celebrate the holidays without extreme despair and agony," she said of a candlelight vigil in recognition of National Homeless Persons' Memorial Day. A drug addiction brought the 36-year-old woman to the shelter two months ago and she is getlin~ back on her feet. "I'm on my way out of the hole, not in it," Martin said. "By the grace of God, I'm still alive." The vigil, nationally recognized Saturday, Dec. 21, is held to build awareness in the community about homelessness. The event is sponsored by the Collier County Hunger and Homeless Coalition, with representatives from 51 social service agencies. About 100 people were expected to attend, including shelter residents, said Ted Karp, with the coalition. "It's a shame Collier County has such a population of homeless in such an affluent community,"' said Phyllis Doucet, an outreach coordinator for Cathohc Charities. Coalition members estimate there are more than 800 people homeless on any given day in the community and the number is increasing. They point to the lack of a livable wage, lack of affordable housing, transportation issues and the sour economy as some reasons for homelessness. Janice Powell, center, her husband Ed, right, and friend Jill Phipps, left, attend a candlelight vigil at St. .Matthew's House in Naples as a part o Homeless Persons' Memorial Day. The · of St. Matthew's House were just a few full of people to attend the event that ~ by the Collier County Hunger and Horn, £exey 5wail/Staff Frank Moritz, 52, who has lived at the shelter for a month, saw the vigil as a time of joy. of a No.urtyard I Mi fas sponsored 'ess.~it~o~ 2003 naplesnews.com I Printed story Page 2 of 3 "It's a time when everyone forgets about everything else," he said. Maybe for some, but coalition members had a mission Thursday [o get people to join forces to take action against the plight of the homeless. -- "Homelessness is very much a:reality,in this region of the country we refer to as paradise," said Mary Soucel:, chairwoman of the coalition~."All it takes is an instant for any one of us to become homeless." Statewide, an estimated 68,000 people are homeless on any given day, which is a 3.6 percent increase in the number of homeless from the year before. A similar candlelight vigil will be held Saturday at 6 p.m. in Centennial Park in downtown Fort Myers. The vigils come' on the heels of good news for shelters in both Lee and Collier counties, which are receiving grants from the state through the U.S. Department of Housing and Urban Development for transitional housing, job training and placement, counseling, and substance abuse treatment. St. Matthew's will receive $227,000, which will be used for its Wolfe Apartments, transitional apartments being built in Golden Gate for "graduates" of its homeless recovery program. The Shelter for Abused Women in Collier will receive $339,000. "We just found out (Wednesday)," said Kathy Herrmann, executive director of the shelter for abused women. "We're thrilled." The money, in three yearly installments of about $118,000 each, will be used for operating expenses at the new 60-bed shelter for abused women that opened in November in East Naples, and for hiring a life- skills training employee and a part-time substance abuse counselor, she said. Three Lee County agencies and the Lee County Commission likewise are receiving grants for homeless services. Renaissance Manor Inc. is receiving $386,000, The Salvation Army is receiving $229,069 and a second grant for $1 million, Southwest Florida Addiction Services was awarded $90,508, and Lee County government is receiving $119,722, according to the state Department of Children and Families. The smaller grant to The Salvation Army in Lee will be used for after-care programs to provide services to prevent a relapse of homelessness, said Meg Geller, executive director of the Lee agency. The larger grant is in its seventh year and provides housing and job placement help, vocational assessment, substance abuse counseling and life skills training, she said. E-mail this story to a friend. Format this story for orintina. Search our archive for related stories: ~: advanced search Navigation: Go to today's Naole5 section front Go to our 7-day Naples archive Go to another section... JUN ! 0 2003 ,,. National Homeless Persons' Memorial Day CANDLE LIGHT VIGIL Thursday December 19, 2002 St. Matthews lq'ouse Naples, Florida Solutions begin with Action ...Action begins with Awareness 6:00 p.m. Welcome & Messaqe ~¥Iary Soucek, Chairman Collier County Hungr), & Homeless Coalition Recoqnltlon of Coalition Members Proclamation Collier Coun~ Commissioners Liqhtlnq of the Candles Musical Reflections Dana Ellison, Lisa Coles & Dawn Bates Moment of Silence Final Thouqhts Hunger and Homelessness I~nmus no prejudice against race, creed, color, age or religion. Hunger and Homelessness impacts the one, the many, the family...and the community. Thank you for coming. Thank you for caring. National Homeless Persons Memorial Day Officially is recognized December 21, 2002 JUN 1 0 2003- WE NEED YOUR HELP! The COLLIER COUNTY HUNGER AND HOMELESS COALITION needs your help to Determine what services are available and what additional services we need to provide to better serve those who are home/ess and at-dsk of home/essness in Co/tier County Join us at a FREE Continuum of Care t01 Workshop: Thursday, November 7~h from lOam to Noon St. Matthew's House - 2001 Airport Pulling Road Naples, FL 34112 For reservations or information ca//(239) 434-0723 Your input is critical to assist us in providing the proper services to help each person in Collier County achieve se/f-sufficiency. JUN 1 0 2003 Do you have ideas about what types of programs can be d. eve/oped to end homelessness in Co/i/er County? Do you know what types of projects are eligible for funding in the 2003 Continuum of Care ? The Collier County Hunger and Homeless Coalition invites you to join us for Continuum of Care 101 Workshop--Part Two When' Tuesday, January 7, 2003 Noon to 2 p.m. (in lieu of General Meeting) Lunch will be provided Where: St. Matthew's House 2001 Airport Road South Naples, FL RSVP: e-mail: Tkarp242@cs. com (239) 434-0723 Your input is critical to assist us in providing the proper services to help each person in Collier County who is homeless or at risk of homelessness achieve seE-sufficiency. JUN 1 0 2003 Collier County Hunger & Homeless Coalition Presents: Continuum o~'Care WOrkshop Part 2 Tuesday January 7, 2003 Agenda Opening Remarks- Mary Soucek, Collier County Hunger and Homeless Coalition Introductions- Mary Ellen Saba, workshop facilitator Topic: COC part 2 Developing Programs to End Homelessness in Collier County Re-cap of Continuum of Care Workshop Part 1 and Review the Gaps Analysis Chart from Collier County Continuum 2002 · Guidelines for developing programs that are eligible for HUD SHP funds · Discuss and develop preliminary project proposals Final Remarks J UN 1 0 2003 April 28, 2003 Mary IC Soucek, Chair Collier County Hunger & Homeless Coalition P.O. Box 9202 Naples, Florida 34101-9202 SHERIFF DON HUNTER. COLLIE.R COUNTY 3,301 Tamiami Trail ~ Bldg - J, Naples, FL 34112 {239) 7744.434 wx~v. colllersheriff, org Dear Ms. Soucek: I am pleased to hear that the survey performed by the members of Collier County Hunger and Homeless Coalition and the members of the Collier County Sheriff's Office was a success. The statistics reported by the Coalition are quite remarkable, especially those related to number of juveniles in need. Identifying and assisting those with special needs in Collier County will remain a priority for the Sheriff's Office. I appreciate the oppommity to provide resources and participate in such a significant event and look forward to working with you again in the future. Please let me know [fi can be of further assistance. ~-...Sir~. erely, \ ',,, Don Hunter,',,Sii~ "C~, Florida DH:sis Cc: File JUN 1 0 2003 "The., ,.duty of the Collier County Sheriff's Office is to preserve..and protect. naplesnews.com I Printed story Page 1 of 4 To print ~ page, select File then Pzint from your browser. LrRL: http.J/ww w.n~_ l~snev,~.com/03/03/na~les/dg07628 a. htm Naples I ~ ~ ~) Na~les front I Na~les arch?e I ~ Volunteers seek accurate count of Collier's homeless Saturday, Februaq 22, 2003 By LIZ FREEMAN, epfreeman@naplesnews.com Todd Melkowits parked his bicycle outside the St. Matthew's House soup kitchen in East Naples and sat alone at one of the red picnic tables, reading a book he picked up at an area thrift store. "It's not that good, but I started it so I'll finish it," he said Friday. The 49-year-old has been coming to the soup kitchen for meals since falling on hard times. He used to work as a carpenter, but his shoulder was broken nine months ago in a hit-and-mn accident while he was riding his bicycle. "Doctors won't let me work," he said. "I can't swing a hammer anymore." He's applied for disability pay and is waiting. "They told me it would take a year," he said. For now, Melkowits fives in a tent in a friend's back yard. "I'm one of the lucky ones," he said. "I have a tent." IJ's plight is becoming more common in Collier County, a lush and wealthy community on the surface, but not far into the woods are homeless camps where some people wind up after a job accident, an illness, substance abuse, or just plain bad luck which put them out of a job and a place to call home. Volunteers with the Collier County Hunger and Homeless Coalition hit the streets at 4:30 a.m. Friday, going to the day labor pool sites, known homeless camps in the woods, shelters and abandoned buildings to conduct the community's Florida Gulf Coast University Spanish student and volunteer Aha Ray, left, talks with Eustor who said he lives on the streets of East N during the Collier County Hunger and Coalition's third annual homeless count afternoon. Looking on outside Personnel Daily Work & Daily Pay in East Naples is Lozano, a Vietnam veteran, right- Lozano local day labor services and has his own East Naples. Ray also passed out informa men about a help clinic for the homeless, by the coalition, to be held today at the C ": ......... Health Department from 10 a.m. to 2 p.m. L/sa naplesnews.com I Printed story Page 2 of 4 third annual homeless count. The count took place for 7!/2 hours Friday and continues today until 11 a.m. The volunteers asked the individuals their first names and birthdates, and the circumstances that led- to their homelessness. The vo_lunteers later will go through the survey sheets to eliminate any -- duplication. .. The volunteers also handed out hy~ene kits to those who needed them. A new service this year are "get help" clinics where the homeless can get basic health screenings. One clinic was held Friday at the Guadalupe Social Services Center in lmraokalee. Another will be held today from 10 a.m. to 2 p.m. at the Collier County Health Department, Building H, at the county government complex on U.S. 41 East. By getting as ~iccurate a count as possible of the community's homeless, the chances improve for social service agencies to receive grants to help the needy, said Maribeth Shanahan, director of community relations for the Salvation Army. "HUD looks at the numbers, especially with the push now to deal with the chronic homeless," she said, referring to the U.S. Department of Housing and Urban Development. "It's really, really important to make sure the number is as accurate as possible." The coalition, composed of representatives from 51 social service agencies, should have the final homeless figure tabulated in a week, said Ted Karp, the group's spokeswoman. Last year, the coalition counted 337 homeless people in greater Naples and 271 people in lmmokalee. The expectation is the number will increase this year because of the poor economy and increasing rents in the community. "The def'mition of homeless is when you don't know where you are going to be tomorrow," Shanahan said. In lmmokalee early Friday after a few hours, Susana Fetter, left~ interviews Percy Lama, centert and Samuel Fritz ~just before lunch Friday'morning at the St. Matthew's House soup kitchen. Volunteer countersf including Ferrer~ were working throughout Collier County on Friday t~ interview people as part of the Hunger and Homeless Coalition's third annual homeless count. David Ahntholz/$taff volunteers co ~nted more than 100 homeless people and figured they got about half of the true number, said Mary Soucek, coalition chairwoman. "We found a lot of people sleeping in abandoned buses, under trailers,' she said. "We found people sleeping outside on the street, laying on carpet to stay warm." Tony Tagariello, 18, came to Naples three months ago from West Palm Beach after a frien( about St. Matthew's House, which has a homeless shelter one block from its soup kitchen o Pulling Road. He's been living at the shelter for the past 10 days. Earher he was living in a "I was in foster care all my life and moved aroand a lot," he said of his situation. 1 0 2003 naplesnews.com I Printed story Page 3 of 4 Tagariello didn't finish high school but is now working toward his general education diploma. During the day, he gets work at one of the labor pools. "I filled out applications at the mall, so I should be getting calls soon," he said. Some transient people who c~)me to'Collier for the work and warmth in the winter months choose to live in the woods rather than pay f~ a temporary room. That's the case for Steve Caveny, 55, who came fi.om Billings, Mont., for construction work. He will head back to Montana before May. 'Tve got a place out in the bush where I sleep," he said. "I just wasn't going to shell out the money to stay in a motel'." ~J ~-mail this story to a friend. Format this story for Drinting~ ~earch our archive for related stories: J 0dvanced search Navigation: _GO to today's Naoles section front Go to our 7-day Naoles archive Also in today's Naples section: Brent Batten: Governor oreDares Floridians for war City aooroves contract ailowing concession service at Lowdermilk Park iZity outs final anDroval stamp on Hamilton Harbor marina Collier farmworkers call off hunoer strike at Taco Bell headouarters ~onvicted art thief Mood Convers receives six-year prison sentence Elections commission dismisses com01aint aoainst Halas ~iuliani t;ells Naples crowd we're safer now than before 9-~.~. Historic Tamiami Trail Dost restored bv Evemlades City students, community .M~rine contractors file intent to sue feds over manatee rules ~Na_oles to beain searching for new city manager by mid-March Photo: Ash Wednesday in Collier QOJJ_CL~ P~01ice Beat: Crime reports for Co, er Count'/ Small group of FGCU students takes oart in worldwide walkout movement T~rucker dies when tanker rolls over on Alliaator Alley Feedback: NEW ~;(~t the latest news in our "Conflict with ti-aa" section NEW PiCk; the Academy Award winners in our Oscar Contest ~-mail the naolesnews.com sl;D~ Write a letter to the editor View our directory of Daily News staff Sign uo to receive our free Digital Dioest by e-mail _Send a Daily News reporter a story sugoestJon A~A ITJ~d JUN 1 0 2003 SO0/ZOO'A ~ii-L ¥'H Ma¥-t4-ZO03 02:32pm ~nif~lnt ~ ~ were gMng her a ride ~ome. Lopez w~ fl~ ~ the victim. A ~arge ki~hen knit, a ~ bill and a ~mount of ~e.vJ~lm's hair were ~und in h~ vehicle. i On F~m~ 10, MiSsal I~ Al~mdo; 18, ~ at. ted ~r robbery and posse~lon of a sho~ b~l sho~un. Acm~ng sherl~s re~. ANamdo and ~o~er man am a~ of ~o~ ping t~ men dding bi.cica. The pair allegedN dem~ded the vic- tims' pmpe~ ~d ~rea~ned them. One of ~e ~ got aw~ and ~ll~ depose. A traffic stop-mm~ up A~md~ who w~ iden~ed W ~e ~m. A short b~l ~un and b~baE bat were ~und in his ~hicle. · On Februa~ 8 Ruben Ga~, Jr., 18,-was sneered ~: gr~d theft auto and grand [heft after deputies fo~d ~ trailers; true, ~o other vehicles, a jet ski ~d a rffie- ~1 reposed stolen. IOn Februa~ 11 Tom~ R~imz ~da, ~, w~ arree~ posse~ion of c~aine and open ~n~lner. After he wes arrested for having ~ open beer in front of Mis Tlerras bar, officers repo~- edly found a small pl~flc baggie of qm~ coca~e in his pocket. B On Februa~ 8 Ronnie Turner, ~, was arrayed ~r posses- sion of a controlled sub~tance with intent to 'sell (crock cocaine), possession of a contmll~ 8ubsmn~ (crock cocaine) and resisting arrest wi~ violence. Acco~ing ~ ~e sheriff's re~o~, members of the Immokalee vice and Nar~tl~ Bureau obse~ed Turner ~me from a dark alley and walk away, ~mwing down a green cigar Turner w~ a~prehended after a short foot pumult. Inveatlgatom located appmxlmste~ 73 plec~ of cm~ ~caine inside the cigar tube with an approximate sims1 value of $1,~. Homeless tlnued From Page 1 each person Includes: why they are hometess for how long: what services they have accessed tn the past; and what services they are In need of at the present and future. Volunteers were received well last year, and the count was carried out w/thout incident or injury. Of last year's homeless count, 464 were adtdt males; 76 were adult females; 21 were male chil- dren; 17 female children: a~d 7 were pregnant women for a total of 58-~. Three hundred fifty-two of these were [n some kind of shelter, the balance were on the street. In Immokalee, the :oral count was 130. , The Collier County Hunger and Homeless Coali- tion consists of over 30 social service and govern- menta/ agencies whose mis- sion Is to increase commu- nity understanding of the issues faced by the hungry and homeless, such as affordable housing, trans. portation, child care, Job training, education and medicaL/dental eaze. This year's homeless count and outreach is atlll in need of volunteers. Anyone wanting more information on the count or the coalition may call Coalition Chairperson Kelly Shaver Hayman at 774-0500, Count Chairper- son Carolyn Alden at 775. 3061 or Immoka/ee County coordinator Mary Soucek at 657-3649. +Z3g$f?TZ32 aectded ~at It 1~ oka~ for S~dl~ Napl~ ~a ha~ ~tnton m ~rcr~ft H~ili~ ~dus~ S~d~C. Mr, Con- requ~ed t6 sl~ a ~ver be!ore ~ey ~e .:&lowed to J~p, which p~te ;~ ~e ~r- ~, o~ ~p~:/ 9~ ~ do ou~ ~.- S~ve Naples ~ ~! ~ required t~, l~ve gen~ a~a~on t~ ~ ~d access the ~op zone us~g public ro~s to ~ ~ a~ · e drop zone. Th~.e th~ ~ll board ~e p~es, ~ ~ll l~d. They ~e lxohiblted ~om going ~om ti p~ncr~ a~a~on ~n~i t~ drop zone on ~rport land. H the skydlve comply a lows pas- ~engers to access the drop zone via ~port prope~, ~ey face ~e pos::lblllW of Health Continued From F'age 1 Participants also n entloncd how rewax'ding it 'Is to get involved with lmprc vlng peo- ple's health in the In imokalee community. Generation Excel been w/dely promol different apg Immokalee Middle once has ed using roaches. School and Lake Trafford Elemen- tary School offer, afb:r school exercise programs. Genera- Clean Continued From P~tge 1 'Skydlve Naples will be reopen a.~ ~aon as t~e airport authority g~ves the-okay.," sa. id Mr. Conger, 'hope~ m rune for the Harvest Festival Block Party.' The owners of the company have been in the skydiving business for the peat 22 years and assure their passengers that they have a perfect ~afcty record. They specialize in first' time Jumps and their Jurapm~.,- ters are highly experienced professionals who are licensed, certified and trained by the United States Para. chute Ass0clatton, the equip- ment manufacturers, and the FAA. Uon Excellence also provides a grant funded exercise pro- gram for seniors at the Roberts Center and free water aerobics and swimming class- es at the lmmokalee Sports .Complex. GeneraLton Excel- lence outreach staff conduct routine blood pressure and blood sugar screenings at des- Jgtlated cornmunlt~ sites. To obtain more about Generation Excellence, please call Koko DelisI, eratlon Excellence Program Coordinator at 658-7343. enforcemenfs new rules and restrictions. They offer this service to help them avoid fines. was due to the influ< of sea. If you have a vehicle sonal workers rt turning which needs-to be disposed and who have vehich~whlch of you can call Kay. yes she need to be disposed of. She drives the tow truck and will said they are also t ,Ting to be the one who comes to get work with the lmldl~rds and your unwanted vehicles, at land owners in an , ffort to Smith's. The phone nuxnber clean up due t{., code is 657-2560. Max-14-ZO03 OZ:3~pm From-C,C,H,X +Z396~?7232 T-II3 P.O04/O0~ Volunteer for homeless cou nt The Comer County Hunger and Homeless Coalition will be conducting it$ th/rd annual Point-in-Tlme or Homeless Count Survey, Friday, ~brnary 21, and Saturday, February 22. The purpose ofth~ survey La to not only count the number of homeless people living m Col- tier County on a glven day. but to determine their needs tn order to be able to acquire Continuum of Care Federa~ funding necessary to address to tdenHflsble gaps in services. Unlike other years, in adcli- t/on to the count, the Coalition will be ho.sttng two "Get Help Clinics' -- one in Naples and another in Immokalee. The coalition i~ in need of volun- tee. rs both in Naples and Irnznokalee to help conduct the count, a.s well ~ work the "Get Help Clt.~c.s," stons are scheduled for those interested in helping in the Immokalee area on Wednes- day, February 12. The first se~o sion will be fi'om 9-10:30 a.m.: a second mmsion will be held from 5:30-7 p.m. [bt ~ hose who are unable to make ~he mom- lng Lraining sesslo~. These t:rallltrlg sessions will 'oe held at the ItILrnokalee F~ tendshtp House, located at t;02 West M-a/n Street. A large number )f volun- teers la needed eal'ly in the morning {4-8 a.m.) th iday, Feb- rusty 21, to work ,n teams counting the homele,,,$ staying In the woods and outlying arenas, as well as thos~ gathered at labor poo} pick-,ap sites. Other volurtteers will be need- ed to work throughox t r_he day. as well as provide a~i~tance at the ~Get Help Clirac2 ind/v/du- als who axe bi.lin'~ual ace sirongly en¢.mtra~ed :q/n-up to vohlnteer, If you wou/d like ~o volun- teer or would like m ~re lrffor- marion abouX the actrvltles planned for this two-~ my acuvi. ty, you cmn contact $~ an Boyn- ton at Guadalupe Ce: tter (657o 43~1) or Mary Sou¢,~k at the Coil/er Cotmty Housing Authority {657-3649} JUN 1 0 2003 [] ~L ~) persaective frSnt I persz~ectJve archive I bela Letters to editor Saturday, March 1, 2003 Daily News Homelessness homework Editor, Naples Daily News: I am writing in reference to your recent article "Volunteers conduct annual census of homeless." Counting the homeless is an important task in order to provide needed funding to our social service agencies. It is also important for every citizen to learn about and take part in fighting the alarming increase of homeless people. Approximately 2.5 million to 3.5 million people experience homelessness at some time during a year. Families with children make up approximately half of the homeless population; 750,000 people are homeless each and every night in the United States. (National Alliance to End Homelessness, www.endhomelessness.org) Why do people become homeless? The U.S. Conference of Mayors released findings from a 25-city survey on hunger and homelessness in December 2002. An increase in housing costs a weak economy are found to be the major contributors to homelessnes,~ Lack of affordable health care is a contributing factor to homelessness. takes is for a family member to contract a serious illness or become dis; and it JUN I 0 2003 }led without adequate health-care coverage and they can find themselves facing unattainable prescription drug costs and mounting hospital bills. I urge everyone to get' involved. There ar~ several Web sites that provide information on homelessn~ss and how to get involved: National Alliance to End Homelessness: http://www.endhomelessness.org U.S. DePartment of Housing and Urban Development: http://hud.gov National Coalition for the Homeless: http://www.nationalhomeless.org Lea Leonard/North Naples 2003 HUNGER AND HOME, LESS iCOALITION OF COLLIER COUNTY All members of the C(~alit/o~ and interested citizens are asked to spread the word about the Homeless Count that will, be conducted for a 36 hour. period beginning 4:30 a.m. on February 21, 2003. This is a very important outreach project of the Coalition as well as a necessary step for securing grants to build housing and provide other services. The count is only one of the tasks we will perform. We will also be distributing hygiene kits and provide information on social service agencies that people in need can access. The media announcements just prior to the count will state that we would like many of the homeless to visit one of several locations such as St. Matthews House or lmmokalee Friendship House during the day of the count to provide us with data from a survey form we will be using. For those that don't come to us, we will be sending out four person teams to numerous identified homeless camps between the hours of 4:30 p.m. and 7:30 p.m. on the 21st and again on Saturday morning. Labor Pools will be counted on two occasions on the 21st. WE NEED APPROXIMATELY 100 VOLUNTEERS for this project to work smoothly. Volunteers can sign up for shifts from to 2 to 4 hours. We welcome any interested citizens and also request that our over 30 member agencies each provide two to three people (or more) from their organization to volunteer for one shift. A copy of the attached Volunteer Application should be given to those you have approached already or will approach. We especially need bi-lingual volunteers. Last year's count was successful largely due to the volunteers that worked it. Please provide some time for this years important endeavor. Thank you. COLLIER COUNTY HUNGER AND HOMELESS COALITION 2003 HOMELESS CENSUS & OUTREACH PROJECT VOLUNTEER REGISTRATION FORM (Please fill out both pages) INFORMATION ABOUT YOU: - Name: Phone: t~o.__.. N,,m.) JUN 0 2003 Address: S~t Ci~ State ~._ ~] E -Mhl Address: F~: Place of Employment: Occupation: Do you speak Spanish? Yes No Haitian Creole? Yes No Have you participated in any Human Service / Outreach activities before? No Yes If yes, what k/nd? ORIENTATION SCHEDULE Orientations will be conducted at St. Matthews House located at 2001 S. Airport Road in Naples and First Street Recreation Center in Immokalee. Please pick the date and time you are able to attend. To ensure the highest de~ee of volunteer safety and procedural accuracy an Orientation is mandatory. Tues., Feb. 4, 2003 ( Time TBA) General Orientation - Naples Thurs., Feb. 6, 2003 ( Time TBA) General Orientation - Naples Tues., Feb. 12, 2003 ( 12:00 p.m. to l:00p.m.) General Orientation - knmokalee I want to volunteer but am unable to attend either of the two hour general orientations. hq special circumstances, a video of the £n:st orientation can be provided at an alternate date and time. Page 2 Homeless Count Volunteer Application VOLUNTEER SHIFT PREFERRED Please pick one or more preferred date/time(s) l and one alternative. I would prefer to volunteer in: FEBRUARY 21, 2003 Naples Immokalee Preferred 4:30 a.m. to 8:30 a.m ...... Labor Pools 8:00 a.m. to 12:00 p.m ....... Shower Serv./Soup K/t.(lrnmok) 10:30 a.m. to 12:30 p.m.....Shelters and Soup Kitchens (Naples) 4:30 p.m. to 6:30 p.m ..... Shelters and Soup Kitchens (Naples) 3:30 p.m. to 6:30 p.m.~....Labor Pools 2 ' 4:30 p.m. to 7:30 p.m ...... E..R.'s, Shelters, homeless camps (Largest number of volunteer~ are needed during this shift) FEBRUARY 22~ 2002 8:00 a.m. to 11:00 a.m ...... Homeless Camps ( A significant number of contacts will be during this shift ) 1:30 p.m. to 3:30 p.m ..... Shelters and Soup Kitchens 12:30 p.m. to 4:30 p.m .... Data Compilation Please send, fax, or E-mail this Volunteer Registration Form no later than 12:00 noon on February 3, 2003. Call if you have any questions. In Naples, Mar/lyn Von Seggern - In Immokalee, ,Stan Boynton CC Hunger/Homeless Coalition P. O. Box 9202 Naples, FL 34101-9202 Telephone in Naples 239-594-5018 & in Immokalee 239-657-4361 FAX (239) 434-0723 Email in Naples wvonseggem@swfla, rr.com, & in lmmokalee stanleyhboynton @ netscape.net THANK YOU FOR YOUR TD~I/5 AND PARTICIPATION 2003 TO: HUNGER AND HOMELESS.'COAI,ITION OF COLLIER COUNTY FAX TRANSMISSION Hunger and Homeless Coalition Member C/O FAX NUMBER: FROM: DATE: Ter/Karp - (239) 434-0723 January 2003 HOMELESS COUNT VOLUNTEER APPLICATION All members of the Coalition and interested citizens are asked to spread the word abOut the Homeless Count that will be conducted for a 36 hour per/od beginmng 4:30 a.m. on February 21, 2003. This is a very important outreach project of the Coalit/on as well as a necessary step for securing grants to build housing and provide other services. The count is only one of the tasks we will perform. We will also be distributing hygiene kits and provide information on social service agencies that people in need can access. The media announcements just prior to the count will state that we would 1/ke many of the homeless to visit one of several locat/ons such as St. Matthews House or Immokalee Friendship House during the day of the count to provide us with data from a survey form we will be us/ng. For those that don't come to us, we will be sending out four person teams to numerous identified homeless camps between the hours of 4:30 p.m. and 7:30 p.m. on the 21~t and again on Saturday morning. Labor Pools will be counted on two occasions on the 21~t. WE NEED APPROXIMATELY 100 VOLUNTEERS for this project to work smoothly. Volunteers can sign up for shifts from to 2 to. 4 hours. We welcome any interested citizens and also request that our over 30 member agencies each provide two to three people (or more) from their organization to volunteer for one shift. A copy of the attached Volunteer Application should be given to those you have approached already or will approach. We especially need bi-lingual volunteers. Last year's count was sv largely due to the volunteers that worked it. Please provide some t~-ne for th important endeavor. Thank you. s ye~s ]~,/~ ~ JUN 1 0 2003 COl ,I%ER COUNTY HUNGER AND HoMEI,ESS COP- 1JTION 2003 HOMELESS CENSUS & OUTREA~ PROJECT VOLUNTEER REGISTRATION FORM - (Please fill ou't both pages) INFORMATION ABOUT'YOU: (Last Name) (First Name) Address.: Phone: Strut E -Mail Address: Place of Employment: Occupation: City Fax: Stat~ Zip Do you speak Spanish? IJ Yes [-] No Haitian Creole? [q Yes [-] No Have you participated in any Human Service / Outreach activities before? ~] Yes If yes, what kind? ~ No ORI'ENTATION SCI~,DULE Orientations will be conducted at St. Matthews House located at 2001 S. Airport Road in Naples and First Street Recreation Center m Immokalee. Please pick the date and time you are able to attend. To ensure the highest degree of volunteer safety and procedural accuracy an Orientation is mandatory. 0 Tues., Feb. 4, 2003 ( Time TBA) General Orientation - Naples ['] Thurs., Feb. 6, 2003 ( Time TBA) General Orientation - Naples ["] Tues., Feb. 12, 2003 ( 12:00 pm. to l:00p, m.) General Orientation - lmmokal [~ I want to volunteer but am unable to attend either of the two hour general orien In special circumstances, a v/deo of the first orientation can be provided at an a date and time. [lions. 1 0 2003 Page 2 Homeless Count V~lunteer AppliCation VOLUNTEER $ H l lei' PREFERRED Please pick one or more preferred date/time(s) one alternative. I would prefer to volunteer m: [~ Naples FI Immokalee FEBRUARY 21, 2003 Preferred Alternate 4:30 a.m. to 8:30 a.m ...... Labor Pools 0 8:00 a.m. to 12:00 p.m ....... Shower Serv./Soup K/t.(Immok) 10:30 a.m. to 12:30 p.m .... Shelters and Soup Kitchens (Naples) 4:30 p.m. to 6:30 p.m .....Shelters and Soup Kitchens (Naples). 3:30 p.m. to 6:30 p.m .....Labor Pools 2 4:30 p.m. to 7:30 p.m ...... E.R.'s, Shelters, homeless camps FI (Largest number of volunteers are needed during this shift) 0 0 0 0 0 0 FEBRUARY 22, 2002 8:00 a~m. to 11:00 a.m ...... Homeless Camps ( A significant number of contacts will be during this shift ) 1:30 p.m. to 3:30 p.m ..... Shelters and Soup Kitchens 12:30 p.m. to 4:30 p.m .... Data Compilation 0 0 0 O 0 Please send, fax, or E mail this Volunteer Reg/strat4on Form no later than 12:00 noon on January 3I, 2003. Call if you have any questions. In Naples, Marilyn Von Seggem - In Immokalee, Stan Boynton CC Hunger/Homeless Coalition P. O. Box 9202 Naples, FL 34101-9202 Telephone m Naples 239-594-5018 & in Immokalee 239-657-4361 FAX (239) 434-0723 Email m Naples wvonseggern~swfla.rr, com,& m Immokalee stanleyhboynton@netscape, net THANK YOU FOR YOUR TILDE AND PARTICIPATION JUN I 0 2003 n. EXECUTIVE SUMMARY REQUEST TO ACCEPT AN ALTERNATE SECURITY FOR THAT SUBDIVISION KNOWN AS EDEN ON THE BAY, AND ENTER INTO A NEW CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE NEWDEVELOPER OBJECTIVE: TO accept an alternate security for Eden on the Bay, and enter into a new Construction and Maintenance Agreement with the current developer. CONSIDERATIONS: On June 8, 1999 the Board of County Commissioners approved the final plat of Eden on the Bay, and entered into a Construction and Maintenance Agreement and accepted a Letter of Credit as security for the required improvements. A new developer has purchased the property and has provided a Construction and Maintenance Agreement and a Letter of Credit as the required security. This would be in conformance with Section 3.2.9.1.5 of the Land Development Code. The security document has been reviewed and approved as to form by the County Attorney's office. FISCAL IMPACT: The fiscal impact to the County is as follows: The security amount is $86,255.00. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center 138900 - Development Services Revenue generated by this project Total $13,571.84, reflected in the Executive Summary of June 8, 1999 GROWTH MANAGEMENT IMPACT: There is no growth management impact RECOMMENDATION: 1 ) That the Board of County Commissioners accept the alternate security and enter into a new Construction and Maintenance Agreement with the current developer. 2003. Executive Summary Eden on the Bay Page 2 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) Authorize the release of the existing security and return of the current Construction and Maintenance Agreement. PREPARED BY: John R. Houldsworth Senior Engineer Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director APeD BY: ~ ,,~q/seph K.Zc~mztt, Administrator · " Services mmunity Development & Environmensa± Community Dev. and Environmental Svcs. DIVISION JUN 1 0 2003. This Instr,menl Prepared By: ~,,..u ?. llopstetter, Esq. Young, ,,'an Assenderp, Varnadoe & Anderson, P.A. P.O. Box 791}7 Naples, FI 34101-7907 AMENDED CONSTRUCTION, MAINTENANCE AND SECURITY AGREEMENT FOR SUBDIVISION IMPROVEMENTS EDEN ON THE BAY THIS AMENDED CONSTRUCTION, MAINTENANCE AND SECURITY AGREEMENT FOR SUBDIVISION IMPROVEMENTS is entered into on the __ day of , 2003 by and between SUNNY DAYS, INC., a Florida corporation ("Developer"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter the "Board"). RECITALS mo REVCO/GE JOINT VENTURE, a Florida general partnership ("REVCO") and the Board previously entered into a Construction, Maintenance and Security Agreement for Subdivision Improvements for Eden on the Bay dated June 8, 1999 ("Original Agreement"). At that time REVCO was the developer of Eden on the Bay (the "Project"). A true copy of the agreement is attached as Exhibit "A" and made a part hereof. The Developer has acquired the Project from REVCO and is now responsible for completion of the performance required the Original Agreement. The parties desire to amend the Original Agreement in accordance ~vith the terms and conditions set forth herein. NOW THEREFORE, in consideration of the foregoing premises and mutual covenants herein set forth, Developer and the Board do hereby covenant and agree as follows: Developer is hereby substituted in the place of REVCO as the Developer under the Original Agreement as amended hereby (the "Amended A~,reement ). ° The parties acknowledge that the amount Developer is presently required to guarantee performance under this Amended Agreement concerning the Project is Eighty-six Thousand Two Hundred Fifty-five and No/100 Dollars ($86,255.00). Developer has obtained from Branch Banking and Trust a good and sufficient lette credit in the amount required to be posted pursuant to this Amended Agreement. Board acknowledges receipt and posting of the letter of credit. he JUN 10 2003 Developer will continue to maintain and shall cause to be constructed the water, sewer, roads drainage (and like facilities) and the Required Improvements to be constructed pursuant to specifications that have been approved by the Development Services Director, within twelve (12) months from the date of this Amended Agreement, unless further extended by agreement of the parties. All other terms and conditions of the Original Agreement are incorporated herein by reference to the same extent as if fully set forth herein. To the extent there is a conflict between the terms of the Original Agreement and this Amended Agreement, the terms hereof shall control. IN WITNESS WHEREOF, the Board and Developer have caused this Amended Agreement to be executed by their duly authorized representatives this .. day of ,2003. Singed, sealed and delivered in the presence off DEVELOPER: Witness Print Name: SUNNY DAYS, INC., a Florida corporation By: Damon W~3~l~President Attest: Dwight E. Brock, Clerk By: Deputy Clerk ~.~~ ~ .. f~al~gal sufficiency: Pat'rick G.'~h]te, Assistant County Attorney F:\users\DPH\Sunnydays\county-edenonbayagt030403.wpd BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. Tom Henning, Chairman 2003. IRREVOCABLE STANDBY LETTER OF CREDIT No. 2003-4 Issuer: BRANCH BANKING AND TRUST CO., a North Carolina banking corporation, 1410 Piedmont Road East, Tallahassee, FL 32308 Issued in Tallahassee, Florida on January 30, 2003 Place of Expiry is at Issuer's counters located at 8840 Tamiami Trail North, Naples, FL Date of Expiry: This Credit shall be valid until January 30, 2004, and shall thereafter be automatically renesved for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: SUNNY DAYS, INC., a Florida corporation (hereinafter "Applicant"), 1085 Business Lane Suite # 10, Naples, FL 34110-8470 BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") C/o Office of the County Attorney, Collier County Courthouse Complex Naples, Florida AMOUNT OF CREDIT: $86,255.00 (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER CERTIFYING THAT: Sunny Days, Inc., a Florida corporation has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision know as Eden on the Bay or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary" DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under Branch Banking and Trust Co. Credit No. 2003-4 dated January 30, 2003". The original letter of credit and ali amendments, if any, must be presented for proper endorsoment. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to documents, instrument, or agreement referenced to herein or in svhich this letter of c relates, and any such reference shall not be deemed to incorporate herein by referen~ document, instrument or agreement. C:~BBTDATA\fsb\DOCS',MYDEALS\Sunny Days\Sunny Days Letter of Credit-Eden-on-the-Bay042803.DOC 1 anv 'edit e an~*o. JUN 1 0 2003- Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this credit will be duly honored by Issuer if presented within the validity of this credit. This credit is subject to the "Uniform Customs and Practices for Documentary Credit (1993 Revision), International Chamber of Commerce Brochure No. 500". BRANCH BANKING AND TRUST CO., By:. Print Name: William T. Mattice Title: Regional President State of Florida County of Leon The foregoing instrument was acknowledged on '~/'~'" ,2003, by William T. Mattice, Regional President of Branch Banking and Trust Co., a North Carolina banking corporation, on behalf of the corporation. He is personally knosvn to me to be the Regional President of Branch Banking and Trust Co. Notary Public, State of Florida My Commission expires: C:~BBTDATA\fsb\DOCS\MYDEALS\Sunny Days~Sunny Days Letter of Credit-Eden-on-the-Bay042803.DOC 2 2003 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF ,,HAMMOCK ISLES", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE To approve for recording the final plat of "Hammock Isles", a subdivision of lands located in Section 8 Township 49 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Hammock Isles" These documents are' in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Hammock Isles" be approved for recording. FISCAL IMPACT: The project cost is $3,001,986.95 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 970,856.00 - $2,031,130.95 The Security amount, equal to 110% of the project cost, is $3,302,185.65 E~ecutive Summary Hammock Isles 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: $52,631.76 Fees are based on a construction estimate of $3,001,986.95 and were paid in February, 2003. The breakdown is as follows: a) Plat Review Fee ($500.00 + $5./ac)$ 979.15 b) c) Paving, Grading (1.3% const, est.) GROWTI~AG~NT IMPACT~ Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 4,854.28 Drainage, Paving, Grading (.42% const, est. $ 8,530.75 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $14,562.86 Drainage, - $26,404.72 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. There are no outstanding environmental IMPACT: There are no historical ENVIRONMENTAL ISSUES= issues or HiSTORICAL/ARCHEOLOGICAL archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION= That the Board of County Commissioners approve the Final Plat of "Hammock Isles" for recording with the following stipulations: 1. Approve the amount of $3,302,185.65 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. JUN 1 0 2003 ExecUtive Summary Hammock Isles Page 3 Approve the Agreement, and standard form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date APPROVED BY: Cornm~lty Development & Environ~,ental Services D~te! EXECUTIVE SUMMARY TO APPROVE A BUDGET AMENDMENT OF $25,000 FROM CURRENT PLANNING OBJECT CODE TITLED "OTHER CONTRACTUAL SERVICES" TO THE COMMUNITY REDEVELOPMENT OBJECT CODE ENTITLED "OTHER CONTRACTUAL SERVICES" FOR THE EXPENDITURE OF MONIES TO PREPARE A MAILOUT BALLOT FOR DISSEMINATION TO ALL NAPLES PARK PROPERTY OWNERS. OBJECTIVE: To approve a budget amendment of $25,000 for the expenditure of monies to prepare a mail-out ballot for dissemination to all Naples Park property owners to determine community plan priorities, to gauge positive and negative responses to improvements and ideas identified in the Naples Park Community Plan, and to identify funding alternatives that would be acceptable to Naples Park property owners that are necessarary to implement the Naples Park Community Plan or a portion thereof. CONSIDERATIONS: On April 13, 1999 the Board of County Commissioners (the "BOCC") created the ad hoc Select Committee on Community Character and Design (the "Select Committee') and charged the committee with overseeing the development of "The Community Character Plan For Collier County, Florida' (the ~Community Character Plan"). Pursuant to the recommendation of the Select Committee, in February 2000 the BOCC authorized the selection of Dover, Kohl & Partners to develop the Community Character Plan. On April 10, 2001 the BOCC adopted Resolution 2001-125 thereby Uaccepting the Collier County Community Character Plan and endorsing its general objectives." The Community Character Plan set forth one specific objective related to Naples Park in a section of the Plan entitled "Revitalizing Maturing Neighborhoods." More specifically, the Plan identified Naples Park as an "excellent example to study." The Plan noted that Naples Park was a good neighborhood that could be made into a great neighborhood. Dover, Kohl, in conjUnction with the Select Committee, set forth steps for revitalizing Naples Park in a ten-page section of the Community Character Plan that was accepted by the BOCC. In order to implement the Community Character Plan, Recommendation 6.a. stated that the BOCC should "Allocate $250,000 annually beginning next fiscal year from the unincorporated municipal service taxing district to fund community planning studies." In the spirit of this recommendation to implement the Community Character Plan, the BOCC allocated $250,000 in fiscal year 2002- 03 to fund the Naples Park Community Plan. The Naples Park Community Plan was based on the broad concepts from the Community Character Plan. From the inception of the community planning process, input was solicited from Naples Park property owners, residents, business owners and other affected parties. In order to facilitate community input in the Naples Park Community Plan process, Dover, Kohl & Partners asked the Naples Park community to share their concerns and ideas for the future. A weeklong community planning workshop was held in Naples Park in November 2002. The workshop included interactive design sessions where property owners, residents, business owners and affected parties worked in small groups and drew ideas for Naples Park. Furthermore, an on-site design studio was set up at the Naples Park Community Center wherein many residents provided input to help guide the development of the Naples Park Community Plan. Public presentations were held on February 6, 2003 and April 29, 2003 to allow owners, residents, business owners and other affected parties the opportunity to uric the draft plan that incorporated the ideas from the November weeklong community -1- 'rsti / annln~i ~ JUN 0 2003 wSrkshop. Furthermore, all attendees were given the opportunity to provide verbal and/or written support or critiques of the ideas set forth in the draft plan. The Naples Park Community Plan that resulted from this community planning process contains a menu of improvements. This menu contains both regulatory and physical changes, where detailed implementation strategies are set forth with specificity. Pdor to any implementation of the Plan, a formal polling process is delineated as a condition precedent to determine the preferences of property owners pertaining to the proposed regulatory and physical improvements. This formal polling process will take place prior to any decisions regarding implementation, financing alternatives and assessments to pay for any such improvements. The Plan is the Naples Park property owners' guidebook to help steer the future development of Naples Park. However, the polling process is the control mechanism that will allow property owners to determine which improvements are implemented and how these improvements are financed. In the spirit of the Plan's overall objective of allowing Naples Park property owners to steer the future development of Naples Park, Community Planning and Redevelopment Staff will develop the protocol for hiring an independent polling expertJconsultant. Upon receipt of the formal voting results, staff will then brief the BOCC of the preferences of the Naples Park property owners with respect to the implementation of any aspect of the Plan and the associated funding mechanism. FISCAL IMPACT: The total amount to be funded is $25,000 which will be used to prepare the consultant generated mail-out ballot, mailing expenses to approximately 3,500 property owners, and to tabulate the votes of Naples Park Property Owners. Funds will be moved from the Current Planning object code titled "other contractual services to the Community Redevelopment Agency object code titled "other contractual services". GRow'rH MANAGEMENT IMPACT: Objective 4 of the Future Land Use Element of the Growth Management Plan states that "[f]uture studies might address specific geographic or issue areas. All future studies must be consistent with the Growth Management Plan and further its intent RECOMMENDATION: Recommendation that the Board of County Commissioners (BOCC) approve a budget amendment of $25,000 from Current Planning object code titled "Other Contractual Services" to the Community Redevelopment object code entitled "Other Contractual Services" for the expenditure of monies to prepare a mail-out ballot for dissemination to all Naples Park property owners. RANDY COHEn, MANAGER COMMUNITY PLANNING & REDEVELOPMENT SECTION PLANN;NR~ERUv~IRcSES D~P~kRTMENT DIRECTOR -2- DATE DATE JUN 2003 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE -3- JUI,t 1 0 EXECUTIVE SUMMARY REQUEST FOR THE BOARD TO APPROVE AND AUTHORIZE THE CHAIRMAN TO EXECUTE A CONSTRUCTION AND MAINTENANCE AGREEMENT FOR WHIPPOORWILL LANE ROADWAY IMPROVEMENTS (AR-4185) AND FOR THE BOARD TO ALSO APPROVE THE PERFORMANCE BOND ATTACHED THERETO FOR THE HOLD HARMLESS INDEMNIFICATION AGREEMENT OBJECTIVE: Request for the Board to approve and authorize the Chairman to execute the Construction and Maintenance Agreement, (hereinafter "CMA"), for Whippoorwill Lane. Additionally, the Office of the County Attorney requests approval of the Performance Bond attached to the CMA for use as the bond requirement for the Hold Harmless Indemnification Agreement between Pulte Homes, PR IV, LLC and Collier County. CONSIDERATIONS: The roadway and drainage improvements associated with Whippoorwill Lane are part of an approved Master Plan, which has been approved by the Board. The developer is required to post a subdivision performance security to ensure completion of the improvements. On May 27, 2003 the Collier County Board of County Commissioners approved a Hold Harmless Indemnification Agreement between Pulte Homes, PR IV, LLC and Collier County. The Hold Harmless Indemnification Agreement involves, among other matters, the construction of Whippoorwill Lane and requires a Performance Bond in the amount of 120% of the estimated costs of construction. The CMA requires a Performance Bond in the amount of 110% of the estimated costs of construction. The developer has agreed to post a Performance Bond in the amount of 120% of the estimated costs of construction and that bond is attached as an exhibit to the CMA. The Performance Bond will include riders specific to the Hold Harmless Indemnification Agreement and will cover both the Hold Harmless Indemnification Agreement and the CMA. FISCAL IMPACT: Fees in the amount of $16,495.49 were paid in October 2002 as part of the review and approval process. Reference Transaction Number 364952. GROWTH MANAGEMENT IMPACT: There is no growth management Impact. Required Impact fees will be paid prior to the issuance of building permits for the adjacent subdivision(s). RECOMMENDATION: That the Board approve and authorize the Chairman to execute the Construction and Maintenance Agreement for Infrastructure Improvements associated with Whippoorwill Lane, including the Performance Bond attached as an exhibit, all identified as AR-418~5. IAGENDA JJ'EM JUN 1 0 2003 Pg*. I _ Additionally, staff requests the Board approve the Performance Bond in the amount of 120% of estimated costs of construction for both the Hold Harmless Indemnification Agreement and the CMA. PREPARED BY: John R. Houldsworth Senior Engineer DATE REV~IEWED BY: Thomas E. Kuck, P.E. Engineering Review Director DATE REVIEWED BY: County Attorney DATE Assistant County Attorney DATE APPROVED BY: /')os~ph K. Sclfmitt, Administrator, Cdmmunity Development and Environmental ,,..b4ervices JUN 1 0 2003. Document Prepared By Norman J. Trebilcock, AICP, P.E. Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS (Agreement) entered into this day of , 2003 between Pulte Home Corporation, Inc., hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board." RECITALS 1. Developer has, prior to the delivery of this Agreement, received the approval by the County of a certain roadway improvement plan known as: "Whippoorwill Lane Roadway Improvements Plans, sheets 1-17, Revision 9, prepared by Q Grady Minor and Associates P.A. and signed and sealed by Norman J. Trebilcock dated 4/28/03" and 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 County regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby convenant and agree as follows: Developer will cause to be constructed water, sewer, storm sewer, roads, landscaping and irrigation improvements within 36 months fi.om the date of approval of said roadway improvement plans, said improvements hereinafter referred to as the required improvements. Developer herewith tenders its performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $1,510,288.08 which amount represents 20% 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 L and Development Code Collier County, may call upon the improvements performance security to insure satisfactor ' completion of the required improvements. ~c,r=~, rr~ Page 1 of 3 JUN 1 0 2003. Page 2 o o o The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. The Engineering Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall, the Engineering Services Director tefuse preliminary approval of the improvements if the3 are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Engineering Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Engineering Services Director to inspect the required roadway improvements. The Engineering Services Director or his designee shall inspect the improvements and, if found to be still in compliance with Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the 10% of the improvements 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. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Engineering Services Director to reduce the dollar amount of the improvements performance security on the basis of work completed. Each request for the reduction in the dollar amount of the improvements 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 Engineering Services Director may grant the request for a reduction in the amount of the improvements performance security for the improvements completed as of the date of the request. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager may call upon the improvements performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under _the . improvements performance security, shall be liable to pay and to indemnify the Bo~~,. Page 2 of 3 JUN 1 0 2003 Page 3 completion of construction, the final cost to the Board thereof, including but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to carry out all of the provisions of this Agreement. All of 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 Agreement to be executed by their duly authorized representatives this __ day of .2003. Signed,. Sealed and lJ'~ivered in the?esence of:fl/ (Printed or Typed Name) (Printed or Typed Name) BY: BY: Pulte Home Corporation, Inc. Dire~td o~'Lar/¢l~ve~opment Steve Kemptoff Attest: Dxx4ght E. Brock, Clerk of Collier County, Florida Deputy Clerk to form and legal sufficiency: Pa~ick'"G. White Assistant County Attorney Board of County Commissioners BY: Tom Henning, Chairman Page 3 of 3 JUN 1 0 2003 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND BOND NO ILIFSU0353720 KNOW ALL PERSONS BY THESE PRESENTS: that Pulte Home Corporation, 9148 Bonita Beach Road. Suite 102. Bonita Springs, FL 34135 (hereinafter referred to as "Owner") and International Fidelity Insurance Company (,hereinafter referred to as "Surety") are firmly bound unto Collier County Florida Board of County Commissioners. 2800 North Horseshoe Drive, Naples, Florida 33942 (hereinafter referred to as "County") in the total aggregate svm of one million two hundred ninety four thousand six hundred sixty and 24/100 ($1,294.660.24) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators. successors and assigns, jointly and severally, firmly by these presents. O,~-ner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the County a certain Roadway Improvement Plan named Whippoorwill Lane and that certain construction shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). NOW. THEREFORE, if the O~vner shall ~vell, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County. and the O~vner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense xvhich the county may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Oxvner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment" whenever used in this Bond and whether referring to this Bond or other documents, shall include any alteration, addition, or modification of any character whatsoever. A~A ITeM JUN 1 0 2003 IN WITNESS WHEREOF. the parties hereto have caused this PERFORMANCE BOND to be executed this 19'h day of March. 2003. INTERNATIONAL FIDELITY INSURANCE COMPANY Bonnie d. Kruse Wimess: [<el lx~'da'c~ Countersigned by: '~[~,,--/.~'-jt~,:..~.¢ 3 Ke~in Wo3tom cz 4400 - 140th Ave., N., Ste. 110 Clearwater, FL 33762 PULTE HOME CORPORATION By Calvin R. Boyd Director of Treasury Operations Wimess: WimesZ Carol golterstein Marcia Howard JUN 1 0 2003 Te, 6: -7:00 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey. and having its principal office in the City of Newark. New Jersey, does hereby constitute and appoint ------------ ALICE RHOADS, KELLY A. JACOBS, ELAINE MA/~CUS, JAMES I. MOORE, PE~OY FAUST, BONNIE J. KRUSE, MARY BETH PETERSON, LEWIS JAMES SCHEER, STEPHEN T. KAZMER, JENNIFER J. MC COMB side, IL. · ehalf as sure any and all bonds and undertakings, contracts of indemnity and , .' . execute, seal and deliver for and on its b . ty: tu rule re ulation contract or otherwise', and its true and lawful attorna)ts) in fact to . be allowed required or rmltted b law,. sta re. . , ' INSURANCE · · ' rv ,n the nature thereof, which are or may ' ' i u n ~e said INTERNAT~g(~NAL FIDELIT~ . other wrmngs obJlgato. ...... : ........ f these nresents, shall be as b~th~,ng po ........... ,~,~.oa ~.,, · re~,ularlv elected officers at its the execution ot SUCh m. strum, em?_l_~z :_[.,~,..~,~a~n~e .,o,~,.r..,ses ~s if the same had been uuly executeu anu a~; ....... ~ ~r ~ts ~, ~ COMPANY. as fully an,a amply, tu a, m,~, ...... r-.r- · principal office. · ursuaht to and by authority of Article 3-Section 3. of the By-Laws ado ted by the Board of is Power of Attorney ts executed..a.nd ma.~,,~bee, r~ev~ok~ec,dl.P~c~n~al~rv, at ~ rneetin~ called and held on the 7th day of'February, ~74. DirThe~tors of INTERaNATIONAL FIDEt~ITY a'"a'~ .......... ~ ............ · ~ 7' ---: ..... e-~reta,',, shall have nower and authority The President or any Vice President. Executive Vice Presioent, aecreJary or ,n~., s in fact and to authorize them to execute on behalf of the Company. and attach the Seal of the Company thereto, bonds and (1) To appoint Attorney - - . , , · ' ' in the nature thereof and. undertakings, conwacts of mdernmty and other writings obhgatory {2) To remove, at any time, any such attorney-in-fact and revoke the authority given. · wer of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting Further, athni~ hP~ld on the 29th day of April, 1982 of which the follow~ng ~s a true excerpt. duly called Now tile __ · - w f attorney or certificate bearing s.uc.h fa. esi.mile s, ,,~ ........ :., -~,~ ~,;~mn,, u~,on the Comnany in ~e future with respect to facsu'mle, and an.,, such.po .er 0~.~._.~ ,...'c~..~;i. it, natures and iacsImlle seal snan such power so exgcutea ~q c~e~i¥Su.~L".% ........ s o bond or undertaking to v, fllcn It t~ LNSL~RANCE COMPANY has caused this instrument to be officer, this 31st day of August, A.D. 1998. signed and its corporate seal to be affixed by its authorized INTEI~NATIONAL~FIDE E STATE OF NEW JERSEY County of Essex uted the recedin~ instrument, to me ge_.rsonallv known, and, being by me duly On this 31 st day of August 1998. before me came the individual who e~RNA~i~NAL 'FIDELITY INSURANCE COMPANY; that the seal' affixed t$ sworn, said the he ls the therein described and authorized officer of the said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal. at the City of Newark. New ~'ersey the day and year first above written. A N~Y PUBLIC OF NEW JERSEY CERT~ICATION My Co~ission E~ires Nov. 21, 2~5 I, ~e unde~ign~ o~cer of ~A~ONAL ~E~ ~CE CO~ do hereby ceni~ ~at I have compa~d ~e foregoing copy of ~e ~wer of Auo~y a~ a~davit, and ~e copy of ~e ~ct~n of ~e By-~ws of ~id Company as ~t fo~ in ~id Power of ARomey, wi~ ~e ORIG~ALS ON IN ~E HOME O~CE OF SA~ COMPANY, ~d ~at ~e ~me ~e coffect ~fipm ~ereoL and of ~e whole of ~e ~id origi ,k_ .~A that the ~f ARo~ey has not ~en ~voked a~ is now M ~B fore and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 19th dayof March, 2003 ACKNOWLEDGEMENT BY PRINCIPAL STATE OF MICHIGAN ) COUNTY OF OAKLAND) )SS. On this 19th day of March, 2003, before me, the undersigned authorized employee, personally appeared Calvin R. Boyd, xvho acknowledges himself to be Director of Treasury Operations of Pulte Home Corporation, that he as such employee being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Corporation by himself as such employee. My Commission Expires: March 2/5, 2006 '-.!, :~'k. r- Notary Public, Marcia G. Howard Oakland County, Michigan MH 033 JUN 1 0 2003 ACKNOWLEDGMENT OF SURETY STATE OF ILLINOIS COUNTY OF COOK S.S. On Ma rc h 19, 2003 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Bonnie d. Kruse ., known to me to be Attorney-in-Fact of International Fidelity Insurance Company .., the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and ),ear stated in this certificate above. My Commission Expires on March 25, 2005 Notary p---gb'}i~ 2003. INTERNATIONAL FIDELITY INSURANCE COMPAN~__~.~~-----~--' To be attached to and form a part of Bond No. ILIFSU0353720 Effective Date: March 19, 2003 Bond Amount: S1,294,660.24 Executed by: Pulte Home Corporation , as Principal and by: International Fidelity Insurance Company (Surety) in favor of' Collier County Florida Board of County Commissioners in consideration of the. mutual agreements herein contained, the Principal and the Surety hereby consent to the changing: Increase dollar amount by $215,627.84 From: $1,294,660.24 To: $1,510,288.08 In second para~aph, second line, after "Whippoorwill Lane", add "Roadxvay Improvement Plans, Sheets 1-17, Revision 9, prepared by Q Grady Minor." Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective: May 29, 2003 Signed and Sealed: May 29, 2003 Principal: Pulte Home Corporation /] By' //~ /~'J~ff~ u 'Principal Calvii~ R. Boyd, DireCtor ofTreas ry Operations Surety: International Fidelity Insurance Company - I Bonnie J. KruseX,,.,_ , Attomeyqn-Fact JUN 1 0 2003 ATTORNEY ?' POWER OF INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 and appoint laws of the State of New Jersey, aha I~avmg tts pnnclpa~ u~.,,~ ........ · ' L ICE RHOADS, KELLY A. JACOBS, ELAINE MARCUS, JAMES I. MOORE, PEG(;Y FAUST, ONNIE J. KRUSE, MARY BETH PETERSON, LEWIS JAMES SCHEER, STEPHEN T. KAZMER, ENNIFER J. MC COMB side, IL. and all bonds and undertakings, contracts of indemnity and · ' for and on its behalf as surety: an ion contract or otherwise, and · true and lawful attorney(s!-m-fact to. execute, se. al and dill% be allowed required or permitte~b~ law..sta.,mr,~ ~m~l?i ~re~r~L 'FIDELITY INSURANCE tis .. . thereof which are o, ,,,-~ , n me sam ~lr.,~n~,/a,-,~n~, · other wrmngs obligatory, tn me ~tt~:e in u~ance of these presents shall be as binding upo ricers at Its the execution of such mstrume ( ) . .P _ .~ .J_' .... ho,~ h.,.. duly executed and acknowledged by its regularly elected of COMPANY. as fuUy and amply, to afl intents ann purposes, as it m= ~,:.,~ ......... ~ principal office. . . and b authority of Article 3-section 3, of the By-Laws adopted by the Board of This Power of Attome Is_e. xecuted, and maI~er~va,OkN?~.P~a~mt, to Y~eefing called and held on the 7th day ofYebruary, [974. ~. ' , ,-.~rOnrATIONAL FIDELITY ta~ ............. ANY at a _ The President or any Vice President. Executive Vice President, Secretary or Assistant Secretary. shall have power and authority To appoint Attorneys-in-fact. and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and (1) undertakings, contracts of indemnity and other writings obligatory in the nature thereof and. ~2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further. this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April. 1982 of which the following is a true excerpt: to an such oower of attorney or any certificate relating thereto by ore the S, natures o such officers an.d the seal o.f the COmPc~mYil?as{ n~at~rfefi~¢~ facsimile seal shall be valid and bin.dml/u .l~On the C..?n.p~.a~n~y~,an,~ aa~Y~ Now ~ere~ g. f ........... ,-~ ficate bearm such fa .. . g .... _o.~,:.~ ~.~ s.;~,~i,,,, -r~n the Company in me future wire facsimile, and any such powe_r?.~:auu,-~.v ,,- .~,.'.~ ionatures Ind facsimile seal snau o¢ va~ ............ ~, ~r~ such power so executed ~d. ~.rhfied by ~fa_?trml. s o bond or undertaking to wmcn tt is anacn~u.  IN TESTIMONY WHEREOF. INTERNATIONAL FIDELITY INSURANCE COMI'ANY has caused this instrument to be officer, this 31st day of August. A.D. 1998. signed and its corporate seal to be affixed by its authorized INTERNATIONAL~FIDE~CE 5 ~l~NY County of Essex . ecedin instrument to me ~rsonally known, and. being by me duly executed the r · llaANY, that the seal affixed to 31st da of August 1998 before me came the individual who iI~i, ERNA~r¥ONALI:IDELITY INSURANCE CO~, , of On this ~' . " orized officer of the sworn, said the he ts the thereto described and auth said instrument is the Corporat~ Seal of said Company; that the said Corporat~ Seal and his signature wer~ duly affixed by order of the Board of Directors said Company.  IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal. ~' A NOTARY pUBLIC OF NEW SERSE CERTIFICATION My Commission Expires Nov. 21. 2005 I, thc undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power 'of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 29th day of May, ACKNOWLEDGEMENT BY PRINCIPAL STATE OF MICHIGAN ) COUNTY OF OAKLAND) On this 29th day of May, 2003, before me, the undersigned authorized employee, personally appeared Calvin R. Boyd, who acknowledges himself to be Director of Treasury Operations of PuRe Home Corporation, that he as such employee being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Corporation by himself as such employee. My Commission Expires: March 2q/2006 -~,~,l.!,~.,.t ~;'~-. '= ,': .( t (, t ,' Notary Public, Marcia G. Howard Oakland County, Michigan MH 033 ACKNOWLEDGMENT OF SURETY STATE OF ILLINOIS } } S.S. COUNTY OF COOK } On May 29, :>003 .., before me, a Notary Public in and for said County and Sta(e, residing therein, duly commissioned and sworn, personally appeared Bonnie d. Kruse , known to me to be Attorney-in-Fact of Internat'ional Fidelity Insurance Company , the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My~~mmission Expires on March 25, 2005 Notary ~ PEGGY A, FAUST. ..... ~ NOTARY PUBLIC, STATE OF ILLIN_O!S_ ~ MY COh~.ISSION EXPIRES 03/2_.~_0.5_ JUN 1 0 2003 INTERNATIONAL FIDELITY INSURANCE COMPANY To be attached to and form a part of Bond No. ILIFSU0353720 Effective Date: March 19, 2003 Bond Amount: $1,294,660.24 Executed by: Pulte Home Corporation , as Principal and by: Intemational Fidelity Insurance Company (Surety) ./. in favor of: ~ Collier County Florida Board of County Commissioners in consideration of the mutual agreements herein contained, the Principal and the Surety hereby consent to the changing: Throughout the bond where "Land Development Regulations" appears, insert after "the May 27, 2003 agreement entered into betv,'een Collier County, PR IV, LLC and Pulte Home Corporation." Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective: May 30, 2003 Signed and Sealed: May 30, 2003 Principal: Pulte Home Corporatior} Principal Calvin R. Boy~'Director of Treasury Operations Surety: International Fidelity Insurance Company Bi~nnie d. ~ , Attorney-in-Fact ~A m~L . JUN I 0 2003 Tel (973)624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER. 20TH FLOOR NEWARK. NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey. and having its principal office in the City of Newark. New Jersey. does hereby constitute and appoint IALICE RHOADS, KELLY A. JACOBS, ELAINE MARCUS, JAMES I. MOORE, PEGGY FAUST, BONNIE J. KRUSE, MARY BETH PETERSON, LEWIS JAMES SCHEER, STEPHEN T. KAZMER, JENNIFER J. MC COMB Countryside, IL. · , cute. seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnit3' and its true and lawful, attorney(s)-in-fact to.exe - · - - ' ' w stature, rule. re~,ulation, contract or other'~eise..a_nd other writings obJlgato, ry. m the nat.ur? .meteor. wfuch a.~r ma_y__b.e__a.[Iow..e~d;~ r~?~7%?nr :d~n~muU~t~)dn bt~ela~-id INTERNATI'ONAL FIDELITY INSURANCE the execution ut SUCh instrument{s) in pursuance ol meSe pr=~,c.ta. ~.,~,, e ~' b its reou ar elected officers at its COMPAN~I'. as fully and amply, to all intents and purposes, as d the same had been duly executed and acknowledged y e Y principal office. rnev is executed and ma be revoked pursuant to and by authority of Article 3-Section 3. of the By-Laws adopted by the Board of ~.This Pow.er..o,f.~A~o~.,.. ...... ':T~TITY L~SURANC~'- COMPANY at a meeting called and held on the 7th day of February, [974. The President or any Vice President. Executive Vice President. Secre~ry or Assistant Secretary. shall have power and authority ('I) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and. {2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further. this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April. 1982 of which the following is a true excerpt: ~ ' uch officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by ~ow ~,erefor.e the sic,natures off .......... :¢:--te bearin- such facsimile signatures or facsimile sea/shall be valid and bindm$ u.pon the C..ompany anti a_n.y. tacsimi~e, aha any SUCh.pow, er oLartorncy u~ .~*L,,..,*~_~ * ' ' valid and binding upon the Company in me future wire respect to any such power so executeo ann certified by facsimll~ s~gnatures and facsimile seal shall be _ _ bond or undertaking to which it is attached. IN TESTIMONY WHEREOF INTEPuN,A, TIONAL. FI. DE. LI..TY IN.S,L ~rl~, NC, E C.O~IPA~.N'Y,h~)s' cla~d this instrument to be signed and its corporate seal to be affixeu oy its aumonzea omcer, mis .a tat {lay o~ ^ugust, ~. . . INTERNATIONAL FIDE~CE STATE OF NEW JERSEY ~ County of Essex On this 31st day of Aueust 1998. before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he Is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE CO,ViPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company.  IN TESTIMONY WHEREOF. I have hereunto set my hand affixed my Official Seal, ^ NOTA' Y P, .IC My Co~ission Expires Nov. 21.2~5 CERT~ICATION I. ~e undemigned o~cer of ~ATIONAL ~E~ ~CE CO~ do hereby ce~ ~at I have compa~d Power of ARo~y ~d a~davit. ~d ~ copy of ~ Section of ~e By-~ws of ~id Core,ny as ~t fo~ in ~id Power of ARome ~. wi~ ~ ORIG~A~ ON ~ THE HOME O~ICE OF SA~ COMPANY. ~d ~at ~e ~me are co~ect tmn<fip~ ~ereof. and of ~ whole of ~ ~id ori imls. and ~at ~e ~id Power of A~mey has not be~n revoked and is now in MB force and effect IN T~MONY ~EREOF. I have he~un~ ~t my hand ~is ~0~h ~y of ~fly, ~003 · Assistant Secretary ACKNOWLEDGEMENT BY PRINCIPAL STATE OF MICHIGAN ) COUNTY OF OAKLAND) )SS. On this 30th day of May, 2003, before me, the undersigned authorized employee, personally appeared Calvin R. Boyd, who acknowledges himself to be Director of Treasury Operations of Pulte Home Corporation, that he as such employee being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Corporation by himself as such employee. My Commission Expires: March 26, 2006 Notary Public, Marcia G. Hoxvard ' !. [~tX~~ .E)~.~.~ .~.,'.,,: .,:;,.e.-,,'- Oakland County, Michigan MH 033 A A ' JUN ./_ I 0 2003 ACKNOWLEDGMENT OF SURETY STATE OF ILLINOIS } } S.S. COUNTY OF COOK } On gay 30, 2003 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Bonnie d. Kruse ., known to me to be Attorney-in-Fact of International Fidelity Insurance Company , the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. MOmission Expires on March 25, 2005 JUN 1 0 2003 WHIPPOORWILL LANE OFFSITE IMPROVEMENTS PROPOSED SCHEDULE UPDATED: 5/29/03 PERFORMANCE BOND CALCULATION .(PHASE 1 & 2) SCHEDULE DESCRIPTION TOTAL PRICE A Earthwork $204,162.75 B Paving $496,121.55 C Wastewater Collection $76,241.30 D Potable Water J3istribution $126,982.80 E Storm Drainage $317,445.00 F Conduit $37,620.00 TOTAL $1,258,573.40 120% $1,510,288.08 Engineer's Cost Estimate calculated from: Q. Grady Minor & Associates, Whippoorwill Lane Roadway Improvements, Sheets I thru 17, rev.# 9 page 1 NORMAN ~-'t:Rt 81 ilX)C, K7 F. E~- /' 3800 VIA DEl. REY BONITA SPRiN(,/iS. FLORIDA FLORIDA REGISTRATION NUMBER 47116 JUN 1 0 2003 WHIPPOORWILL LANE OFFSITE IMPROVEMENTS PROPOSED SCHEDULE UPDATED: 2~5~03 EARTHWORK & PAVING - LEE MAR BID SCHEDULE SUMMARY PHASES 1 & 2 SCHEDULE DESCRIPTION TOTAL PRICE A Earthwork $169,892.75 B Paving $337,358.90 f TOTAL $507,251.65 page 2 JUN 1 0 2003 WHIPPOORWILL LANE OFFSITE IMPROVEMENTS PROPOSED SCHEDULE UPDATED: 1/28/03 EARTHWORK & PAVING - LEE MA~ BID SCHEDULE SUMMARY PHASE 1' *Phase 1 includes all work North qf Nighthawk Drive (Southernmost R/W) SCHEDULE DESCRIPTION TOTAL PRICE A Earthwork $87,787.50 B Paving $201,388.30 f TOTAL $289,175.80 Alternate Totals A Earthwork $34,270.00 B Paving $72,960.15 Bid Including Alternates TOTALI $396,405.95 page 3 JUN 1 0 2003 WHIPPOORWILL LANE OFFSITE IMPROVEMENTS PROPOSED SCHEDULE UPDATED: 5~29~03 SCHEDULE "A" EARTHWORK & SITE PREP PHASE 1' *~'hase 1 inchtde~ all work North qfN~hthawk Drive (Southernmost R/W) Clearing, grubbing and preparation of roadway fights-of-way, and easements areas as designated by the Engineer in the field including chipping and grinding of all matefials on the Owner's property and then disposal of all residue off the Owner's property, all as specified, per acre complete. All work in fight-of-way is subject to inspection by the owner, Collier County DOT and FDOT contingent on final acceptance of improvements as shown and specified on the contract documents. ITEM DESCRIPTION UNIT QTY NIT PRIC TOTAL PRICE A-1 Clearing and Grubbing AC 6 $2,495.00 $13,722.50 A-2 Off-site Fill (Truck Measure) CY 10,560 $6.25 $66,000.00 A-3 !Erosion Control -silt fence LF 8,065 $1.00 $8,065.00 ALTERNATE Sawcut and remove existing 'F' Curb A-4 at Pine Ridge Road (for ramp) LS 1 $100.00 $100.00 Remove existing curb,sidewalk & pavers at Reserve Way (to A-5 accommodate new drop curb) LS 1 $600.00 $600.00 Remove existing driveway north of A-6 Reserve way (rcgrade to match existing) LS 1 $600.00 $600.00 A-7 Remove Culverts SY 3297 $5.00 $16,485.00 A-8 Roadway removal & dispose of asphalt SY 3297 $5.00 $16,485.00 TOTAL $122,057.50 page 4 JUN 1 0 2003 WHIPPOORWILL LANE OFFSITE IMPROVEMENTS PROPOSED SCHEDULE 5~29~03 SCHEDULE "B" PAVING PHASE 1' *Phase 1 includes all work North of lVighthawk Drive (Southernmost R/W) Clearing, grubbing and preparation of roadway rights-of-way, and easements areas as designated by the Engineer in the field including chipping and grinding of all materials on the Owner's property and then disposal of all residue offthe Owner's property, all as specified, per acre complete. All work in right-of-way is subject to inspection by the owner, Collier County DOT and FDOT contingent on final acceptance of improvements as shown and specified on the contract documents. ITEM DESCRIPTION UNIT QTY NIT PRIC TOTAL PRICE B-1 2' Valley Gutter LF 1,914 $4.75 $9,091.50 B-2 Type "F" Curb LF 1,245 $5.80 $7,221.00 B-3 Type "D" Curb LF 150 $6.80 $1,020.00 B-4 Transition/F to Valley Gutter LF 120 $5.80 $696.00 B-5 1" Asphaltic Concrete (Type S-III) SY 10,276 $2.25 $23,121.00 B-6 1" Asphaltic Concrete (Type S-I) SY 8,220 $2.25 $18,495.00 B-7 Asphalt Overbuild LS 1 $13,000.00 $13,000.00 B-8 Excavation for ABC Black Base SY 443 $3.00 $1,329.00 B-9 10" ABC IH SY 443 $14.10 $6,246.30 B- 10 10" Limerock Base¢ompa~d a~a primed) SY 8,218 $7.90 $64,922.20 B-11 12" Stabilized Subgrade SY 9,170 $1.50 $13,755.00 B- 12 Road Prep & Final Grading (N.T.E.) SY 11,355 i $1.00 $11,355.00 B-13 Grind out walk ~ Pine Ridge Road LS 1 $1,000.00 $1,000.00 B-14 4" Concrete Sidewalk (5' wide) SY 1,963 $15.10 $29,641.30 B-15 !Shoulder Stabilization SY 330 $1.50 $495.00 ALTERNATE B- 16 Remove Culverts $1,100.00 $2,200.00 B-17 Final Grade $2.50 $1,950.00 12" Wide Drop Curb at Rescue Way (match exist $1,000.00 $20.80 $750.00 B-18 B-19 B-20 304 page 5 $1,000.00 $6,240.0O JUN 1 0 2003. I B-21 Signing & Pavement Markings NTE 1 $18,000.00 $18,000.00 B-22 {BahiaSod SY 12,541 $1.30 $16,302.65 B-23 !Maintenance of Traffic NTE 1 $14,500.00 $14,500.00 B-24 Swale Grading (Nighthawk Drive) LF 2,630 $2.25 $5,917.50 Stabilized Temp. Access B-25 (when required) NTE 1 $5,000.00 $5,000.00 TOTAL $278,498.45 page 6 JUN ~ 0 2003 WHIPPOORWILL LANE OFFSITE IMPROVEMENTS PROPOSED SCHEDULE UPDATED: 5/29/03 EARTHWORK & PAVING - LEE MAR BID SCHEDULE SUMMARY' PHASE 2* *Phase 2 includes all work South of N~hthawk Drive to Wh(~voorwil[ Woods SCHEDULE DESCRIPTION TOTAL PRICE A Earthwork $82,105.25 B Paving $135,970.60 TOTAL $218,075.85 Alternate Totals A Earthwork $0.00 B Paving $81,652.50 Bid Including Alternates $299,728.35 page 7 JUN 1 0 2003 WHIPPOORWILL LANE OFFSITE IMPROVEMENTS PROPOSED SCHEDULE UPDATED: 5129103 SCHEDI~E "A" EARTHWORK & SITE PREP PHASE 2* *Phase 2 includes all work South qf lYighthawk Drive to Whippoorwill Woods Clearing, grubbing and preparation of roadway rights-of-way, and easements areas as designated by the Engineer in the field including chipping and grinding of all materials on the Owner's property and then disposal of all residue offthe Owner's property, all as specified, per acre complete. Ali work in right-of-way is subject to inspection by the owner, Collier County DOT and FDOT contingent on final acceptanc,~ of improvements as shown and specified on the contract documents. ITEM DESCRIPTION UNIT' QTY NIT PRIC TOTAL PRICE A-1 ~Cleaxing and Grabbing** AC 4 $2,495.00 $9,980.00 A-2 Off-site Fill (Track Measure) CY 10,845 $6.25 $67,781.25 A-3 Erosion Control -silt fence NTE 4,344 $1.00 $4,344.00 TOTAL $82,105.25 ** 1.0 AC - additional area to be cleared within Whippoorwill Woods Site provided for staging area page 8 AC, ENOA tTE~ . JUN 1 0 2003 WHIPPOORWILL LANE OFFSITE IMPROVEMENTS PROPOSED SCHEDULE 5~29~03 SCHEDULE "B" PAVING PHASE 2* */Phase 2 includes all work ~outh of /Vighthawk Drive to grhippoorwill Woods Clearing, grubbing and preparation of roadway rights-of-way, and easements areas as designated by the Engineer in the field including chipping and grinding of all materials on the Owner's property and then disposal of all residue offthe Owner's property, all as specified, per acre complete. All work in right-of-way is subject to inspection by the owner, Collier County DOT and FDOT contingent on f'mal acceptance of improvements as shown and specified on the contract documents. ITEM DESCRIPTION UNIT QTY NIT PRIC TOTAL PRICE B-1 2' Valley Gutter .! LF 960 $4.75 $4,560.00 B-2 Type "F" Curb ' LF 2,080 $5.80 $12,064.00 B-3 Transition/F to Valley Gutter LF 60 $5.80 $348.00 B4 1" Asphaltic Concrete (Type S-III) SY 8,512 $2.25 $19,152.00 B-5 .1" Asphaltic Concrete (Type S-I) SY 8,512 $2.25 $19,152.00 B-6 10" Limerock Base(comp-,:ted ua primed) aY 8,604 $7.90 $67,971.60 B-7 Road Prep and Final Grading SY 12,723 $1.00 $12,723.00 ALTERNATE B-8 Stabilized Subgrade $1.50 $16,669.50 Driveway Turnout B-9 ~er FDOT index 515 (A-12) $20.80 $624.00 Curb Ramps w/5' sidewalk B-I0 per FDOT index 301 $750.00 $2,250.00 B-11 B-12 'Curb Ramp w/6' sidewalk ~er FDOT index 304 20:1 South of Arlington lakes & relocat~ gate to RW linc 20:1 (12' wide)stabilized transition at FPL B-13 easement $1,750.00 $I,750.00 B- 14 Signing & Pavement Markings $11,000.00 $ I 1,000.00 $1,000.00 $1,000.00 $1,750.00 $1,750.00 B- 15 Oe¢ soa summ~ for specmc a~as) $1.30 B- 16 Maintenance of Traffic $10,000.00 B-17 4" Concrete Sidewalk (5' wide) $15.10 TOTAL page 9 $12,298.00 $10,000.00 $24,311.00 $217,623.10 JUN 1 0 2003 WHIPPOORWILL LANE OFFSITE IMPROVEMENTS PROPOSED SCHEDULE Sod Area Summary. 5/29/03 Areas to be sodded with Bahia Sod unless directed by developer for installation of other: incl. irrigation, Floritam sod and/or trees and shrubs by Landscape Contractor AREA DESCRIPTION UNIT AREA NIT PRIC TOTAL PRICE phase 1 1 Sea Gate Babtist Church R/W SY 856 $1.30 $1,112.80 2 Pine View PUD R/W SY 470 $1.30 $611.00 3 Hospice R/W SY 1,350 $1.30 $1,755.00 4 Existing Single Family Home R/W SY 1,250 $1.30 $1,625.00 5 Arlington Lakes PUD R/W (phase 1) SY 1,815 $1.30 $2,359.50 7 Whippoor, vill Lakes (the Reserve) PUD R/W SY 1,357 $1.30 t $1,764.10 7 " ' "The Reserve (Floritam Sod) SF 7,000 $0.28 $1,960.00 8 Nighthawk Drive R/W SY 3,950 $1.30 $5,135.00 12 Pine Ridge Road Entry (change order #1) SY 3,650 $1.30 $4,745.00 phase 2 6 Balmoral PUD R/W SY 850 $1.30 $1,105.00 5 Arlington Lakes PUD R/W (phase 2) SY 3,685 $1.30 $4,790.50 9 Whippoorwill Pines PUD SY 1,300 $1.30 $1,690.00 10 FPL Easement R/W SY 750 $1.30 $975.00 11 Whippoorwill Woods R/W SY 2,560 $1.30 $3,328.00 NTE TOTAL 20,671 TOTAL $32,955.90 phase 1 total 12541 phase 2 total 8,130 20671 page 10 2003 WHIPPOORWILL LANE OFFSITE IMPROVEMENTS PROPOSED SCHEDULE UPDATED: 5/29~03 UNDERGROUND UTILITIES - GUYMANN BID SCHEDULE SUMMARY PHASES 1 & 2 SCHEDULE DESCRIPTION TOTAL PRICE C Wastewater Collection $65,026.30 D Potable Water Distribution $102,752.80 E Storm Drainage $287,445.00 F Conduit $16,600.00 TOTAL $471,824.10 page JUN 1 0 2003 WHIPPOORWILL LANE OFFSITE IMPROVEMENTS PROPOSED SCHEDULE UPDATED: 5/29/03 UNDERGROUND UTILITIES - GUYMANN BID SCHEDIJLE SUMMARY PHASE 1' *Phase 1 i~ qudes all work North qf N~hthawk Drive (Southernmost R/W) SCHEDULE DESCRIPTION TOTAL PRICE C Wastewater Collection $31,249.50 D Potable Water Distribution $48,650.80 E Storm Drainage $214,368.90 F Condult $13,100.00 TOTAL $307.369.20 Alternate Totals C Wastewater Collection $5,720.00 D Potable Water Distribution $20,760.00 E Storm Drainage $25,050.00 F Conduit $3,600.00 TOTAL $55.130.00 Bid Including Alternates TOTAL page 12 ITENI, 2003 WhIPPOORWIll LANE OFFSITE IMPROVEMENTS PROPOSED SCHEDULE UPDATED: 5~29~03 SCHEDULE "C" WASTEWATER COLLECTION PItASE 1' *Phase I includes all work North qfN~hthawk Drive (lYouthernmost R/W) Includes furnishing and handling of all required materials, joint restraint, thrust blocks, connections to other pipelines, all excavation (including rock and over-excavation if necessary), &watering, bedding material (if necessary), pipeline installation, back filling (imported fill if necessary), compaction, compaction testing in roadway areas, pressure testing, flushing, clean-up including resodding areas previously sodded, seeding all areas disturbed by construction, providing complete as-built drawings and other items necessary to complete the system and provide the Owner, D, EP and Collier County with a complete working waste~vater collection system as shown on the drawings arid specified in these contract documents. ITEM DESCRIPTION UNIT QTY [INIT PRICE ~ TOTAL PRICE }qemove 10" Plug & C-1 Connect to Existing FM LS 1 $500.00 $500.00 C-2 ~4" CL 200 PVC ('DR14) LF 63 $9.00 $567.00 C-3 10" CL 200 PVC (DR14) LF 1,275 $20.70 $26,392.50 C-4 4" Plug EA 1 $100.00 $100.00 C-5 4" Plug Valve & Box EA 1 $710.00 $710.00 C-6 6" Plug Valve & Box EA 1 $990.00 $990.00 C-7 10" Plug Valve & Box EA 1 $1,990.00 $1,990.00 ALTERNATE C-8 Auto Air Release Valve EA 1 $3,470.00 $3,470.00 Blasting or Mechanical C-9 Rock Excavation NTE 250 $9.00 $2,250.00 TOTAL $36,969.50 page 13 A A JUN 1 0 2003 WHIPPOORWILL LANE OFFSITE IMPROVEMENTS PROPOSED SCHEDULE UPDATE 5/29/03 SCHEDULE "D" POTABLE WATER DISTRIBUTION PHASE 1' *Phase 1 incl~tdes all work North o_fNighthawk Drive (Southernmost R/W) Includes furnishing and handling of all required materials, joint restraint, thrust blocks, connections to other pipelines, all excavation (including rock and over-excavation if necessary), dewatering, bedding material (if necessary), pipeline installation, back filling (imported fill if necessary), compaction, compaction testing in roadway areas, pressure testing, disinfecting pipelines, flushing, dean-up including resodding areas previously sodded, seeding all areas disturbed by construction, providing complete as-built drawings and other items necessary to complete the system and provi ,d/e the Owner, DEP and Collier County with a complete working water distribution system as shown on the d~awings and specified in these contract documents. ITEM DESCRIPTION UNIT QTY UNiT PRICE TOTAL PRICE D-1 12" Gate Valve & Vbox EA 3 $1,490.00 $4,470.00 D-2 10" CL 200 PVC (DR 14) LF 70. $20.90 $1,463.00 D-3 !12" CL 200 PVC (DR 14) LF 1339 $25.20 $33,742.80 D4 Install 12" x 10" tapping sleeve TV & box EA 1 $3,945.00 $3,945.00 D-5 Relocate Hydrant & Bact. Sample Point EA 1 $800.00 $800.00 Connect to gmstmg 12" WM (oa0 config, or D-6 t~mp BF at option of NNFCD) EA 1 $500.00 $500.00 D-7 Temporary Bacterial Sample Point EA 1 $370.00 $370.00 D-8 Permanent Bacterial Sample Point EA 1 $990.00 $990.00 D-9 Fire Hydrant Assembly Complete EA 1 $2,370.00 $2,370.00 ALTERNATE 6' Jumper Assembly Maintenance of Traffic Flowable Fill 12" Temp BO w/GV Church- 6"-10" Temp BO w/GV EA $3,100.00 $3,100.00 NTE $5,500.00 $5,500.00 NTE $150.00 $9,000.00 EA $1,710.00 $1,710.00 EA $1,450.00 $1,450.00 TOTAL $69,410.80 page 14 JUN 1 0 2003 WHIPPOORWILL LANE OFFSITE IMPROVEMENTS PROPOSED SCHEDULE SCHEDULE "E" UPDATED 5/29/03 STORM DRAINAGE PHASE 1' *Phase 1 includes all work North o_f N~hthawk Drive f~outhernrnost Includes furnishing and handling of all required materials, dewatering, bedding material (if necessary), rock removal and disposal off-site (if necessary), installation, backfilling, compaction, compaction testing in road- way areas, final grading, coordinating with other contractors and utility companies, flushing, clean-up, seeding, sodding of all areas disturbed by construction, repair of any damage caused by construction and other items necessary to complete the system and provide the owner, Collier County DOT and FDOT with a complete working drainage system as shown on the drawings and specified on these contract documents. Pipe measurement is to the outside of the structures. 1 IEM DIZ~CRIP lION UNI'I' QTY UNIT PRICE TOfAL PRICE E-! 15" RCP LF 299 $22.60 $6,757.40 E-2 18' RCP [ LF 1,286 $25.40 $32,664.40 E-3 24" RCP "LF 642 $33.90 $21,763.80 E-4 30" RCP LF 1,430 $41.80 $59,774.00 E-5 36" RC? LF 697 $49.90 $34,780.30 E-6 14"x 23" ERCP LF 60 $29.90 $1,794.00 E-7 14" x 23" IviES EA 6 $600.00 $3,600.00 Valley Gutter Grate Inlet complete w/grate E-8 (C bottom) EA 4 $1,885.00 $7,540.00 Valley Gutter Gram Inlet complete w/grate E-9 W bottom) EA 2 $1,885.00 $3,770.00 Yype 'C' Ditch Bottom Inlet complete w! E- 10 grate EA 5 $1,140.00 $5,700.00 ~'fype 'C' Modified DBI per FDO 1' index 282 E- 11 (uos) cmpttw/grat~ EA I $1,140.00 $1,140.00 E- 12 Type D DBI EA 1 $1,865.00 $1,865.00 E- 13 Type E DBI EA 2 $1,930.00 $3,860.00 E- 14 Junction Box (C mod. bottom) EA 1 $1,420.00 $1,420.00 E-15 Junction Box (D mod. bottom) EA 7 $1,980.00 $13,860.00 E- 16 Junction Box (E bottom) EA 1 $1,980.00 $1,980.00 E- 17 P-6 Throat Inlet EA 4 $2,200.00 $8,800.00 Remove Existing RCP and mitered El8 ends at Reserve Way EA 3 $1,100.00 $3,300.00 ALTERNATE E- 19 Rip Rap w/filter fabric S Y 75 $60.00 $4,500.00 /6lasting or Mechanical Roclc E-20 Excavation NTE 650 $9.00 $5,850.00 E-21 Flowable Fill NTE 50 $150.00 $7,500.00 E-22 Maintenance of TraHic NTE 1 $6,000.00 $6,000.00 E-23 Plug Pipe End EA 1 $200.00 $2ff ,.00 t,c~_nt ~rtlfi ~ E-24 Connect to exist. 18" RCP EA 2 $500.00 $I,0( 0.0(J~__ TOTAL $239/ I8'9. JN 10 2003. page 15 WHIPPOORWILL LANE OFFSITE IMPROVEMENTS PROPOSED SCHEDULE SCHEDULE "F" UPDATED 5129/03 CONDUIT PHASE 1' *Phase 1 Includes all work South of Pine Ridge Road to Nighthawk Drive Includes furnishing and handling of all required materials, dewatering, bedding material (if necessary), rock removal and disposal off-site (if necessary), installation, backfilling, compaction, compaction testing in road- way a~'eas, final grading, coordinating with other contractors and utility companies, flushing, clean-up, seeding, sodding of all areas disturbed by construction, repair of any damage caused by construction and other items necessary to complete the system and provide the owner, Collier County DOT and FDOT with a complete working drainage system as shown on the drawings and specified on these contract documents. 1'1 EM DlglSCRIP'IION UNI'I' QTY UNIT PRICE TOTAL PRICE F- 1 1 renclung Ior {2ondmt LF 400 $3.50 $1,400.00 1~'-2 Install Only 2" t2ondmt LF 1200 $1.00 $1,200.00 P'-3 Install Only 3" L:onclult bi~' 800 $1.00 $800.00 ~'4 instal only 4" tJonamt LP' 1600 $1.00 $1,600.00 F-5 Install Only Y' ~onamt LF 400 $1.25 $500.00 1-'-0 F&I 2" Condmt LI~' 1200 $1.50 $1,800.00 1~'-7 l~'&l 3" Condmt LF 800 $1.75 $1,400.00 1~'-1~ F&I 4" Condtut LI~' 1600 $2.00 $3,200.00 1~'-9 l~'&l 3" (dondmt Lt" 400 $3.00 $1,200.00 ALTERNATE Blasting or Mechanical F-10 'Excavation NTE 400 $9.00 $3,600.00 TOTAL $16,700.00 page 16 JUN 1 0 2003 WHIPPOORWILL LANE OFFSITE IMPROVEMENTS PROPOSED SCHEDULE UPDATED: 5/29/03 UNDERGROUND UTILITIES - GUYMANN BID SCltEDI~E SUMMARY PItASE 2* *Phase 2 includes all work South of Nighthawk Drive to Whippoorwill Woods SCHEDULE DESCRIPTION TOTAL PRICE C Wastewater Collection $33,776.80 D Potable Water Distribution $54,102.00 E Storm Drainage $73,076.10 F Conduit $16,600.00 TOTAL 5; 177.554.90 Alternate Totals C Wastewater Collection $5,495.00 D Potable Water Distribution $3,470.00 E Storm Drainage $4,950.00 F Conduit $4,320.00 TOTAL $18.235.00 Bid Including Alternates ~ : ~ 789 90 page 17 JUN 1 0 2003 WHIPPOORWILL LANE OFFSITE IMPROVEMENTS PROPOSED SCHEDULE UPDATED: 5/29/03 SCHEDI~E "C" WASTEWATER COLLECTION PHASE 2* *Phase 2 includes all work South o_f Nighthawk Drive to Whippoorwill Woods Includes furnishing and handling of all required materials, joint restraint, thrust blocks, connections to other pipelines, all excavation (including rock and over-excavation if necessary), dewatering, bedding material (if necessary), pipeline installation, back filling (imported fill if necessary), compaction, compaction testing in roadway areas, pressure testing, flushing, clean-up including resodding areas previously sodded, seeding all areas disturbed by construction, providing complete as-built drawings and other items necessary to complete the system and provide the Owner, .DEP and Collier County with a complete working wastewater collection system as shown on the drawings a~d specified in these contract documents. ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE C-1 6" CL 200 PVC (DR14) LF 102 $12.40 $1,264.80 C-2 10" CL 200 PVC (DR14) LF 1,310 $20.70 $27,117.00 C-3 6" Plug EA 1 $200.00 $200.00 C-4 6" Plug Valve & Box EA 1 $990.00 $990.00 C-5 10" Plug EA 1 $225.00 $225.00 C-6 10" Plug Valve EA 2 $1,990.00 $3,980.00 ALTERNATE C-7 Auto Air Release Valve EA 1 $3,470.00 $3,470.00 Blasting or Mechanical C-8 Rock Excavation NTE 225 $9.00 $2,025.00 TOTAL $39,271.80 page 18 JUN 1 0 213133 WHIPPOORWILL LANE OFFSITE IMPROVEMENTS PROPOSED SCHEDULE UPDATE 5/29/03 SCHEDULE "D" POTABLE WATER DISTRIBUTION PHASE 2* *Phase 2 includes all work South qf Ni_ehthawk Drive to Whippoorwill Woods Includes furnishing and handling of all required materials, joint restraint, thrust blocks, connections to other pipelines, all excavation (including rock and over-excavation if necessary), dewatering, bedding material (if necessary), pipeline installation, back filling (imported fill if necessary), compaction, compaction testing in roadway areas, pressure testing, disinfecting pipelines, flushing, clean-up including resodding areas previously sodded, seeding all areas disturbed by construction, providing complete as-built drawings and other items necessary to complete the system and provid~the Owner, DEP and Collier County with a complete working water distribution system as shown on the ddiwings and specified in these contract documents. ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE D-1 12" Gate Valve & Vbox EA 3 $1,490.00 $4,470.00 D-2 12" CL 200 PVC (DR 14) LF 1635 $25.20 $41,202.00 D-3 ~12" Plug EA 1 $250.00 $250.00 D-4 Permanent Bacterial Sample Point EA 1 $990.00 $990.00 D-5 Temporary Bacterial Sample Point EA 2 $370.00 $740.00 D-6 Temporary 12" Blowoff w/ gate valve EA 1 $1,710.00 $1,710.00 D-7 Fire Hydrant Assembly Complete EA 2 $2,370.00 $4,740.00 ALTERNATE D-8 Auto Air Release Valve EA 1 $3,470.00 $3,470.00 TOTAL $57,572.00 page 19 JU~ ~ 0 200~ WHIPPOORWILL LANE OFFSITE IMPROVEMENTS PROPOSED SCHEDULE SCHEDULE "E" UPDATED 5/29/03 STORM DRAINAGE PHASE 2* *Pha~e 2 includes all work South qf Nighthawk Drive to Whippoorwill Woods Includes furnishing and handling of all required materials, dewatering, bedding material (if necessary), rock removal and disposal off-site (if necessary), installation, backfilling, compaction, compaction testing in road- way areas, final grading, coordinating with other contractors and utility companies, flushing, clean-up, seeding, sodding of all areas disturbed by construction, repair of any damage caused by construction and other items necessary to complete the system and provide the owner, Collier County DOT and FDOT with a complete working drainage system as shown on the drawings and specified on these contract documents. Pipe measurement is to the outside of the structures. 1'1 EM DlaSCKIP 1 ION ~ UNII QI'Y UNII' PRICE rl'Orl'AL PRICE E- 1 15" RCP LF 73 $22.60 $1,649.80' E-2 36" RCP LF 1,187 $49.90 $59,231.30 Valley Gutter Grate Inlet E-3 complete w/grate (C bottom) EA 1 $1,885.00 $1,885.00 Valley Gutter Grate Inlet E-4 complete w/grate (D bottom) EA 2 $1,885.00 $3,770.00 E-5 lunction Box (G mod bottom) EA 1 $2,140.00 $2,140.00 E-6 P-6 Throat Inlet EA 2 $2,200.00 $4,400.00 ALTERNATE Blasting or Mechanical Rock E-7 Excavation NTE 550 $9.00 $4,950.00 TOTAL $78,026.10 page 20 JUN 1 0 2O03 WHIPPOORWILL LANE OFFSITE IMPROVEMENTS PROPOSED SCHEDULE SCHEDULE "F" UPDATED 5/29/03 CONDUIT PHASE 2* *Phase 2 includes all work South of Nighthawk Drive to tT~hi_~t~oorwill Wood$ Includes furnishing and handling of all required materials, dewatering, bedding material (if necessary), rock removal and disposal off-site (if necessary), installation, backfilling, compaction, compaction testing in road- way areas, final grading, coordinating with other contractors and utility companies, flushing, clean-up, seeding, sodding of all areas disturbed by construction, repair of any damage caused by construction and other items necessary tO complete thc system and provide the owner, Collier County DOT and FDOT with a complete working drainage system as shown on the drawings and specified on these contract documents. f 11'P__;M DE:SCRIP liON pNl I Q'I'Y UNIT PRICE TO'I'AL PRICE F- 1 Trenching for Conduit LF 480 $3.50 $1,680.00 F-2 Install Only 2" Conduit LF 1440 $1.00 $1,440.00 F-3 Install Only 3" Conduit LF 960 $I .00 $960.00 F-4 Install Only 4" Conduit LF 1920 $1.00 $1,920.00 F-5 Install Only 5" Conduit LF 480 $1.25. $600.00 F-6 Install Only 6" Conduit LF 160 $1.50 $240.00 F-7 F&I 2" Conduit LF 1440 $1.50 $2,160.00 F-8 F&I 3" Conduit LF 960 $1.75 $1,680.00 F-9 F&I 4" Conduit LF 1920 $2.00 $3,840.00 F-10 'F&I 5" Conduit LF 480 $3.00 $1,440.00 F-11 F&I 6" Conduit LF 160 $4.00 $640.00 ALTERNATE Blasting or Mechanical F-12 Excavation NTE 480 $9.00 $4,320.00 TOTAL $20,920.00 page 21 WHIPPOORWILL LANE OFFSITE IMPROVEMENTS PROPOSED SCHEDULE UPDATED: 5/29/03 BID SCREDULE sUMMARY PHASE * dl work North ~ £Nighthawk Drive t'Southernmost SCHEDI~E DESCRIPTION TOTAL PRICE A Earthwork $122,057.50 B Paving $278,498.45 C WastewaterCollection $36,969.50 D Potable Water Distribution $69,410.80 E Storm Drainage $239,418.90 F Conduit $16,700.00 [ TOTAL ~ Underground Utility Total $362,499.20 Earthwork and Paving Total $400,555.95 total $763,055.15 page22 WHIPPOORWILL LANE OFFSITE iMPROVEMENTS PROPOSED SCHEDULE UPDATED: 5/29/03 BID SC/IEDIJLE SUMMARY PHASE 2* *Phase 2 includes all work South o_£Nighthawk Drive to Whippoorwill Woods SCHEDULE DESCRIPTION TOTAL PRICE A Earthwork $82,105.25 B Paving $217,623.10 C Wastewater Collection $39,271.80 D Potable Water Distribution $57,572.00 E Storm Drainage $78,026.10 F Conduit $20,920.00 TOTAL Underground Utility Total $195,789.90 Earthwork and Paving Total $299,728.35 total $495,518.25 page 23 JUN 1 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT CANCELLING OR REDUCING TDC CATEGORY "A" PROJECTS, IN THE AMOUNT OF $3,213,390.84 OBJECTIVE: To obtain Board of County Commissioners approval of a budget amendment in the amount of $3,213,390.84. CONSIDERATIONS: On May 8, 2003, the Coastal Advisory Committee recommended the following projects be cancelled as they are no longer required. Wiggins Pass was dredged this past winter and the FL Department of Environmental Protection has recently agreed that the January 2003 post-construction report fulfills the annual monitoring requirement. The three monitoring projects for Marco Island, the breakwaters and Caxambas Pass were recommended for cancellation as annual monitoring is not required by any permit and the CAC recommends switching to every other year. Doctors Pass Monitoring 2002 was covered under the prolonged dredging effort and therefore this specific project is no longer needed. 90001, Wiggins Pass Monitoring 2003, $27,000 90008, Marco Island Beach Monitoring 2003, $22,000 90009, Marco Breakwater Monitoring 2003, $20,000 90017, Caxambas Pass Monitoring 2003, $20,000 90517, Doctors Pass Monitoring 2002, $9,500 The following projects have been completed with remaining balances: 90503 Annual Monitoring 2002 - County Beach Restoration, $159,21)0 90504 Annual Monitoring 2002 - Marco Island Beaches, $26,800 90007 Tigertail Lagoon Projection, $3,200 90010 Annual Beach Renourishment 2003, $400,000 50004 Wiggins Pass Emergency Dredging, $13,300 90260 Gordon Pass T-Groins, $12,390.84 The estimate to complete the following project has been substantially reduced: 90507 Incremental Beach Maintenance Activities 2002, $2,500,000 FISCAL IMPACT: Funding is available from the projects' budgets. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment returning $3,213,390.84 to the Reserves. JUN 1 0 2003 / SUBMITTED BY:~~~tStX~ Patty P~trow, TDC Cg~n~cts REVIEWED BY: Ron Hovell, Public Lltilities Engineering Department REVIEWED BY: Coordinator Date: Date: Date: REVIEWED BY: APPROVED BY: /'J/s~ph K. SciatiC, Administrator /~ommunity Development & Environmental Services ~k-'~~ire~ct°r Date: ~../C~ ~]/~.~ Denny Baker, Financial Admin. & Housing Director / EXECUTIVE SUMMARY, APPROVE THE DEFERRAL OF A TDC CATEGORY "A" GRANT APPLICATION FOR THE RENOURISHMENT AND REPLACEMENT OF TEMPORARY T-GROINS ON HIDEAWAY BEACH IN THE AMOUNT OF $4,577,000 OBJECTIVE; To defer approval of a TDC Category "A" grant application for thc renourishment and replacement of temporary T-groins on Hideaway Beach in the amount of $4,577,000, until a funding policy is approved by the Board of County Commissioners. CONSIDERATIONS: Engineering services have been ordered to design a phased beach restoration project on Hideaway Beach for an estimated 250,000 cubic yards of sand fill with erosion control structures at South Point and Royal Marco Point including an offshore sand search. This project will not be ready for construction any earlier than November 2004 and the current estimate is $4,577,000. The Coastal Advisory Committee recommended approval of $2,300,000 for the hydraulic fill portion of this grant application at their meeting on May 8, 2003. The structures portion of this project was recommended for consideration in the following budget year. On May 28, 2003, the Tourist Development Council recommended deferring a recommendation until a funding policy is developed. FISCAL IMPACT: $4,577,000 may be available for appropriation in the Tourist Development Tax FY2003/2004 budget depending upon the value of other grant applications that receive approval. GROWTH MANAGEMENT IMPACT: The Growth Management Plan Conservation and Coastal Management Element, Section 10.2 states "The County shall continue to insure that access to beaches, shores and waterways remain available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition." And "Evaluate appropriate public access intervals for renourished beaches considering the demand for recreation and the ability of the natural system to support the demand. If existing access is not sufficient, then the County shall acquire additional access points as a part of the renourishment project." RECOMMENDATION: That the Board of County Commissioners defer the TDC Category "A" grant application related to the renourishment of and replacement of temporary T-groins on Hideaway Beach, in the amount of $4,577,000, until a funding policy is approved by the Board of County Commissioners. SUBMITTED BY: Ron Hovell, P.E., Coastal Projects Manager REVIEWED BY: J~~tor REVIEWED BY: Date: Date: ~/C~'¢/~.~ Denny Baker, Financial Admin. & Housing Director APPROVED BY: ~~~ Date: / /Jgseph K: gc/h~nl'tt, Administrator -- j/Community Development & Environmental SerVices JUN 1 0 2003 P{. ~ EXHIBIT A Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance HIDEAWAY BEACH RENOURISHMENT e e 6. 7. 8. Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Contact Person, Title and Phone Number: Ron Hovell, Coastal Projects Manager Public Utilities Engineering Department Phone: 530-5342. FAX: 530-5378 Organization's Chief Official and Title: Commissioner Tom Hennine, Chairman Board of County Commissioners Project Description[and location]: Offshore renourishment of roughly 300,000 cubic yards of sand on Hideaway Beach. Estimated project start date: Estimated prOject duration: Total amount requested: October 2003 18 months $4,577.000 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) JUN 1 0 2003. Collier County Tourist Development Council Grant Application Page 2 PROJECT BUDGET HIDEAWAY BEACH RENOURISHMENT PROGRAM ELEMENT Engineering services Bid evaluation Construction Monitoring Post-construction surveys and report Construction Structures Hydraulic beach fill AMOUNT $32,000 $90,000 $85,000 $ 2,230,200 $ 2,139,800 TOTAL $4,577,000 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Organization's Chief Official or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(1-1)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineering effective October 1998 and is currently Director of Public Utilities Engineering. AOEI~A II'EM JUN 1 0 2003 pg. ]-71' EXECUTIVE SUMMARY,, APPROVE A BUDGET AMENDMENT AND TDC CATEGORY "A" GRANT APPLICATION FROM THE CITY OF NAPLES FOR SEA TURTLE MONITORING IN THE AMOUNT OF $7,558 OBJECTIVE: To obtain approval of a budget amendment and TDC Category "A" grant application from the City of Naples for Sea Turtle Monitoring related to the 2003 Gordon Pass Dredging Project in the amount of $7,558. CONSIDERATIONS: The FL Department of Environmental Protection permit for the dredging of Gordon Pass requires extensive monitoring for marine turtles. In prior dredging operations done by the Army Corps of Engineers, they have paid for any required monitoring but this time, that responsibility was shifted to the project sponsor, the City of Naples. The City has requested funding for the monitoring of half of the disposal area on Keywadin Island. One half is to be reimbursed by the developer on Keywadin Island, and the entire amount was put in the budget the Conservancy estimated. The Coastal Advisory Committee recommended approval of this grant application on April 10, 2003 and the Tourist Development Council followed suit on April 28, 2003. FISCAL IMPACT: The funds are available from the Tourist Tax Reserves. GROWTH MANAGEMENT IMPACT: There is no impadt to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment and a grant application from the City of Naples in the amount of $7,558.00. Patty l:retrow, TDC Contracts Coordinator REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Date: Date: Ron Hovell, Public Utilities Engineering Dept.  sm Director Denny Baker, Financial Admin. & Housing Director ~hmitt, Ad{ninistrator Date: ~/t~-2 d/community Development & Environmental Services AOF.,NI~A I~M . t JUN I 0 2003 EXHIBIT A Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass MaintenanCe Permit-Compliance. Marine Turtle Monitoring for the 2003 Gordon Pass Dredging Project e Name and Address of Applicant Organization: City of Naples 735 Eighth Street South Naples, Florida 34102 Contact Person, Title and Phone Number: Jon C. Staiger, Ph.D., Natural Resources Manager Organization's Chief Official and Title: Bonnie R. MacKenzie, Mayor Project Description[and location]: The most important component of the Gordon Pass Inlet Management Plan is periodic maintenance dredging of the Pass. Historically, the U.S. Army Corps of Engineers has been responsible for the dredging. The last two Presidential Administrations have withdrawn support for all but the largest navigation projects (maior cargo and passenger ports). Assuming local responsibility, a $250,000.00 grant for emergency dredging was approved in 1999. That _grant was cancelled in 2002 after the Corps received congressional authorization for the 2002/3 dredging proiect. The Department of Environmental Protection permit for the proiect requires extensive monitoring for marine turtles. The Conservancy of Sou~ ~ .... ~t Florida already monitors the Key Island beach during the nestin~ season, ;o tll~__ !rD_/-/. / ¥.. most reasonable approach is to have their staffcarry out the additional re°ny°ri ~gOl~ required by the permit. Collier County Tourist Development Council Grant Application Page 2 5. Estimated project start date: 01 April 2003 6. Estimated project duration: one year 7. Total amount requested: $7,558.00 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) PROJECT BUDGET Permit-Compliance Marine Turtle Monitoring for the 2003 Gordon Pass Dredging Project PROGRAM ELEMENT AMOUNT Please see appended budget provide by the Conservancy of Southwest Florida I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Organization's Chief OXffii~ or Designee* Date: tt l O g *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(H)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineering effective October 1998 and is currently Director of Public Utilities Engineering. nc.,rano,~ ny.M -- JCSAVordam/Gordon Pass 2002 dredging project/2003 monitoring TDC grant application.doc .JUN 1 0 2003 March 6, 2003 Dr. Jon Staiger Natural Resource Director City of Naples 735 8m Street South Naples, Florida 34102 THE CONSERVANCY Of Southwest Florida 1451) Merrihue Drive · Naples, Florida 341(12 ,_6_.0~, _ 941.262.0304 · Fax ~}41 n ~ ,-, www.consers ancy. org CIT~' MANAGERS Dear Dr. Staiger: Per our discussion this morning, I have attached a budget for monitoring sea turtle.activity on the northern portion of the Keewaydin Island beach during the 2003 reproductive season. The cost of this work reflects the monitoring requirements as stated in Permit No. 0176979-JC, Gulf Intracoastal Waterway Maintenance Dredging, Naples to Gordon Pass, Collier County dated September 12, 20O2. Monitoring is required for three years after this dredging project is completed. The figures here are indicative of the first year of monitoring. The annual cost for the additional two years would most likely be the same each year. If you have any questions or need any additional information, don't hesitate to contact me. Sincerely, David S. Addison Biologist J JUN102003 / 2003 Budget Gordon Pass Maintenance Dredging' THE CONSERVANCY Of Southwest Florida 1450 Merrihue Drive · Naples. Florida 34102 4,._6~.0304 * Fax 941._6_.1)6,_ Keewaydin Island Sea Turtle Activity Monitoring Personnel Supervisor Intern Equipment and Materials ATV gas and oil ($10/mo. for 7 mo.) Mileage (150 mi./mo, for 7 mo.) Report Preparation Total $3,40O 3,389 70 299 400 7,558 JUN I 0 2003. Leadi~t,g the challenge lO protccl and sttstain Southwest FIorida X' natural environmenl. EXECUTIVE SUMMARY APPROVE TOURIST DEVELOPMENT CATEGORY "A" BEACH RENOURISHMENT / MAINTENANCE GRANT APPLICATIONS FOR FISCAL YEAR 2003/2004 IN THE AMOUNT OF $1,463,100 OBJECTIVE: To obtain approval of Tourist Development Category "A" funding applications as recommended for approval by the Coastal Advisory Committee and the Tourist Development Council. CONSIDERATIONS: The following Tourist Development Category "A" grant applications were reviewed and recommended for approval by the Coastal Advisory Committee on April 10, 2003 and by the Tourist Development Council on April 28, 2003. Separate packages will be submitted for other grant applications. DESCRIPTION Clam Pass Monitoring (Pelican Bay Services Division) County / Naples Beach Monitoring (PUED) Hideaway Beach Monitoring (PLIED) Marco Island Monitoring (PUED) Project Management & Misc. Fees (PLIED / Tax Collector) Sea Turtle Monitoring (Environmental Services Department) Wiggins Pass Monitoring (PUED) Beach Cleaning Operations (Parks & Recreation Department) Annual Dune & Structure Maintenance (PUED) AMOUNT $9,900 $100,000 $95,000 $86,000 $400,000 $149,900 $26,000 $246,300 $350,000 TOTAL $1,463,100 FISCAL IMPACT: The total amount of $1,463,100 for FY2003/2004 is available for appropriation in the Tourist Development Tax FY2003/2004 budget. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve the attached grant applications for Tourist Development Category "A" projects in the amount of $1,463,100. JUN ! 0 2003 SUBMITTED BY: , REVIEWED BY: REVIEWED BY: APPROVED BY: Ron Hovell, P.E., Coastal Projects Manager Date: Date: /~~h~rt~ Director Date:OS~/6.~ Denny Baker, Financial Admin. & Housing Director /' Jggeph K. Schmitt, Administrator ,(~ommunity Development & Environmental Services AGE, NOA I'r~]~ JUN ] 0 2003 EXHIBIT A 1 Collier County Tourist Development Count! / GRANT APPLICATION Beach Renourishment and Pass Maintenance (Clam Pass Monitoring) 1. Name and Address of Applicant Organization: Collier County Board of Commissioners 3301 Tamiami Trail East Naples, FL 34112 Contact Person, Title and Phone Number: James P. Ward Division Administrator, Pelican Bay Services 597-1749 e Organization's Chief Official and Title: Tom Henning Chairman Collier County Board of County Commissioners Project Description [and location]: Annual monitoring of the Clam Bay Pass and Eco System to access the tidal flow conditions of Clam Pass. Monitoring includes the collection and analysis of survey and tide gauge data for the Clam Bay Pass and Eeo System. This provides the necessary information to determine when maintenance activities are necessary_ to provide sufficient flows for a healthy Clam Bay estuary system. Estimated project start date: Estimated project duration: Total amount requested: $%900 October 1~ 2003 365 Days JUtl 10 2003 Collier County Tourist Development Council Grant Application Page 2 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) PROJECT BUDGET (Clam Pass Monitoring) PROGRAM ELEMENT AMOUNT Annual Hydrographic Monitoring Engineering Fees $9,900 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Si~_/~ure~Orgmzation's Chief Official or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category applications on behalf of the Chairman of the Board of County Commissio~ Approved by Board of County Commissioners on August 24, 1993, Agenda 16(H)(2). Director of Office of Capital Projects Management position was renamet Director of Public Works Engineering effective Octobex 1998 and is currently Dircn of Public Utilities Engineering. to JUN 1 0 200'3 :or ~. L~ Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance COUNTY / NAPLES BEACH MONITORING EXHIBIT A e Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Contact Person, Title and Phone Number: Ron Hovell, Coastal Proiects Manager Public Utilities Engineering Department Phone: 530-5342, FAX: 530-5378 Se 6. 7. 8. Organization's Chief Official and Title: Commissioner Tom Henning, Chairman Board of County Commissioners Project Description[and location]: This proiect consists of monitoring activities associated with the county-wide beach renourishment permits including a review of existing structures such as storm sewers, groins, etc. Estimated project start date: October 2003 Estimated project duration: 12 months Total amount requested: $100~000 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaileryes (X) NoaWard?( ) I.~UN~.~I°'~ ~]~'~1 Collier CounW Tourist Development Council Category "A" Grant Application Page 2 Collier County Tourist Development Council Grant Application Page 2 PROJECT BUDGET COUNTY / NAPLES BEACH MONITORING PROGRAM ELEMENT AMOUNT Professional Services - surveys and report $100,000.00 TOTAL $100,000 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Organization's Chief Official or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(H)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineering effective October 1998 and is currently Director of Public Utilities Engineering. JUN 1 0 2003 ge 6. 7. 8. EXHIBIT A Collier County Tourist Development Council GRANT APPLICATION HIDEAWAY BEACH AND T-GROIN MONITORING Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Contact Person, Title and Phone Number: Ron Hovell, Coastal Projects Manager Public Utilities Engineering Department Phone: 530-5342, FAX: 732-2526 Organization's Chief Official and Title: Commissioner Tom Henning, Chairman Board of County Commissioners Brief Project Description: This proiect consists of monitoring activities associated with Hideaway Beach and T- Groin permits. Estimated project start date: October 2003 Estimated project duration: One {1) year Total amount requested: $95~000.00 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( X ) No ( ) 1 JUN102003 ! Collier County Tourist Development Council Category "A" Grant Application Page 2 PROJECT BUDGET HIDEAWAY BEACH AND T-GROIN MONITORING ACTIVITY AMOUNT Professional Services $95,000.00 TOTAL $95,000.00 I have read thc Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Organization's Chief Official or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(1-1)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineering effective October 1998 and is currently Director of Public Utilities Engineering. J 0 2003. Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance Marco Island Monitoring 2004 EXHIBIT A e Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East. Naples, FL 34112 Contact Person, Title and Phone Number: Ron Hovell, Coastal Proiects Manager Public Utilities Engineering Department Phone: 530-5342, FAX: 530-5378. e 6. 7. 8. Organization's Chief Official and Title: Commissioner Tom Henning, Chairman Board of County Commissioners Project Description[and location]: Survey of Marco Island FDEP monuments R-129 (north of Tigertail Park) to R- 148 (Caxambas Pass), breakwaters and Caxambas Pass includine nearshore wading depth profiles and bathymetric data. The final product will be an engineering report for the County, Coastal Advisory Committee and FDEP. Estimated project start date: July 2004 Estimated project duration: 4 months Total amount requested: $8&000 If the full amount requested cannot be awarded, can the program/ be restructured to accommodate a smaller award? Yes ( ) No ( X ) ~roject Collier County Tourist Development Council Grant Application Page 2 PRO,]ECT BUDGET Marco Island Monitoring 2004 PROGRAM ELEMENT AMOUNT Marco Island Beach Monitoring Caxambas Pass Bathymetry Monitoring Marco Island Breakwaters Monitoring TOTAL $30,000 $32,000 $24,000 $86,000 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Organization' s Chief Official or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(H)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineering effective October 1998 and is currently Director of Public Utilities Engineering. JUN 1 0 2003. 10 Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance PROJECT MANAGEMENT & MISC. FEES 2004 EXHIBIT A e 0 e 6. 7. 8. Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Contact Person, Title and Phone Number: Ron Hovell, Coastal Proiects Manager Public Utilities Engineering Department Phone: 530-5342, FAX: 530-5378 Organization's Chief Official and Title: Commissioner Tom Henning, Chairman Board of County Commissioners Project Description[and location]: This proiect consists of salaries and operational support to administer coastal proiects that qualify for TDC Category "A" funding as well as the administrative costs charged by the Tax Collector. It is currently envisioned to charge against this grant for portions of three Collier County staffpositions. Estimated project start date: Estimated project duration: Total amount requested: October 2003 12 months $400~000 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No ( X ) JUN 1 0 2003 Collier County Tourist Development Council Grant Application Page 2 PROJECT BUDGET PROJECT MANAGEMENT & MISC. FEES 2004 PROGRAM ELEMENT Salaries/benefits - portions of 3 positions Operational Support - travel, supplies, telephones, etc. Tax Collector / misc. TOTAL AMOUNT $240,000.00 $ 25,000.00 $135,000.00 $400,000 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Organization's Chief Official or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Comfissioners on August 24, 1993, Agenda Item 16(H)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineering effective October 1998 and is currently Director of Public Utilities Engineering. ~;.n~ ~-I JUN I 0 2003 n. IZ EXHIBIT A Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (Collier County Sea Turtle Protection Program - Sea Turtle Monitoring and Beach Studies Project) Name and Address of Applicant Organization: Collier County Board of Commissioners 3301 East Tamiami Trail Naples. FL 34112 e Contact Person, Title and Phone Number: Maura C. Kraus, Principal Environmental Specialist Collier County Environmental Services Department (239) 732-2505 Organization's Chief Official and Title: Commissioner Tom Henning, Chairman Collier County Board of Commissioners e Project Description[and location]: The State of Florida and the U.S. Army Corps of Engineers have specific permit requirements for beach renourishment and inlet management. The Environmental Services Department is responsible for monitoring the beaches of Collier County, the City of Naples and the City of Marco Island for sea turtle activities and related beach studies. Collier County Tourist Development Council Grant Application Page 2 The beaches included in the studies are Barefoot Beach, Vanderbilt Beach, Park Shore, Naples, Marco Island and Hideaway Beach. The duties and associated costs of the program are as follows: 1. Administrative/permitting 2. Reconnaissance and beach zoning 3. Daily monitoring (7 days/wk./beach) 4. Evaluation 5. Mapping 6. Data entry 7. Disorientation's (associated with beach profile) 8. Reports (Annual State Reports and Sea Turtle Protection Plan) 9. Mobilization/demobilization 10. Vehicle maintenance 11. Supplies 12. Beach compaction studies and reports 13. Dune vegetation monitoring and invasive exotic removal 14. Nest relocation in construction areas 15. Monitoring and reporting of escarpments 16. Additional studies required by StatefFederal permits (sand/nest temperature recording, ground/surface water monitoring). Estimated project start date: October L 2003 Estimated project duration: One (1) gear Total amount requested: $149~900 5 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No ( X ) ACaENDA ITEM .----I I JUN!02003 I Collier County Tourist Development Council Grant Application Page 3 PROJECT BUDGET (Collier County Sea Turtle Protection Program - Sea Turtle Monitoring and Beach Studies Project) PROGRAM ELEMENT Personnel Services Contract Services Operating Capital (ATV replacement) AMOUNT $120,500 $ 10,000 $15,400 $ 4,000 PROJECT TOTAL $149,900 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. .``% Signature of Organization's Chief Official or Designee* *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(H)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineering effective October 1998 and is currently Director of Public Utilities Engineering. JUN I 0 2003 Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance Wiggins Pass Monitoring 2004 EXHIBIT A 0 Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples. FL 34112 Contact Person, Title and Phone Number: Ron Hovell, Coastal Proiects Manager Public Utilities Eneineerin_q Department Phone: 530-5342, FAX: 530-5378 6. 7. 8. Organization's Chief Official and Title: Commissioner Tom Henning, Chairman Board of County Commissioners Project Description[and location]: Survey Wiggins Pass permitted dredee area alonff with the adiacent permitted beach disposal areas including nearshore wading depth profiles and bathymetric data. The final product will be an engineering report for the County, Coastal Advisory Committee and FDEP. Estimated project start date: Estimated project duration: Total amount requested: March 2004 3 months $26,000 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No ( X ) JUN Collier County Tourist Development Council Grant Application Page 2 PROJECT BUDGET Wiggins Pass Monitoring 2004 PROGRAM ELEMENT AMOUNT Collection of survey data for pass and beach Analyses of data and engineering report TOTAL $14,300 $11,700 $26,000 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Organization's Chief Official or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(H)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineering effective October 1998 and is currently Di ectorAe, ra~Aff~..~ of Public Utilities Engineering. ~..~{t~,,~] [,~ JUH 1 0 2003 0 6. 7. 8. EXHIBIT A Collier County Tourist Development Council Grant Application For Beach Cleaning Operation Name and Address of Applicant Organization: Collier County Parks and Recreation 3300 Santa Barbara Boulevard Naples, Florida 34116 Contact Person, Title and Phone Number: Marla Ramsey, Director Phone: 353-0404; Fax: 353-1002 Organization's Chief Official and Title: Tom Henning, Chairman Board of County Commissioners Project Description (and location): The project consists of the activities associated with the beach cleaning operations utilizing two (2) sets of beach raking equipment. Estimated project start date: October, 2003 Estimated project duration: One Year Total amount requested: $246,300 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes () No(X) JUN 1 0 2003 Collier County Tourist Development Council Grant Application Page 2 PROJECT BUDGET Beach Cleaning Operation EXHIBIT A PROGRAM ELEMENT AMOUNT 1. Salaries $170,900 2. Interdepartment Payment for Services (cartage) 5,000 3. Other Contractual Services (dumpsters) 17,300 4. Fleet Maintenance ISF Parts & Sublet 35,000 5. Fuel & Lubricants 8,000 6. Cellular Phone 4,200 7. Clothing Purchases (hats, jackets, safety shoes) 600 8. Clothing, Uniform Rental 800 9. Minor Operating Equipment 1,500 10. Other Operating Supplies 3,000 Total $246,300 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Organization's Chief Official or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(H)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineering effective October 1998 and is currently Director of Public Utilities Engineering. AC~.NDA ITEM JUN 1 0 2003 Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance ANNUAL DUNE / STRUCTURE MAINTENANCE 2004 EXHIBIT A e Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Contact Person, Title and Phone Number: Ron Hovell, Coastal Projects Manager Public Utilities Engineering Department Phone: 530-5342, FAX: 530-5378 e 6. 7. 8. Organization's Chief Official and Title: Commissioner Tom Henning, Chairman Board of County Commissioners Project Description[and location]: This proicct consists of activities associated with maintenance of existing facilities on Collier County, City of Naples and City of Marco Island beach and inlet proiects. Estimated project start date: October 2003 Estimated project duration: 12 months Total amount requested: $350~000 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No ( ) JUN I I) 2003 Collier County Tourist Development Council Grant Application Page 2 PROJECT BUDGET ANNUAL DUNE / STRUCTURE MAINTENANCE 2004 PROGRAM ELEMENT Engineering services Dune Maintenance Structure Maintenance - Marco Island Segmented Breakwaters - Hideaway Beach T-groins - Gordon Pass T-groins - Dune Walkovers Beach Tilling / Grading Post-Storm Clean-up TOTAL AMOUNT $ 50,000.00 $ 50,000.00 SI50,000.00 $ 50,000.00 $ 50,00O.OO $350,000.00 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Organization's Chief Official or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agend 16(H)(2). Director of Office of Capital Projects Management position was rena Director of Public Works Engineering effective October 1998 and is currently o f Public Utilities Engineering. ned& /t~ ~ [rector-""'---'--- JUN 1 O 2003 EXECUTIVE SUMMARY APPROVE A TDC CATEGORY "A" GRANT APPLICATION FOR THE RENOURISHMENT OF VANDERBILT, PARK SHORE AND NAPLES BEACHES IN THE AMOUNT OF $9,000,000 OBJECTIVE~ To obtain approval of a TDC Category "A" grant application for the renourishment of Vanderbilt, Park Shore and Naples beaches in the amount of $9,000,000. CONSIDERATIONS: The Coastal Advisory Committee has recommended the fast-tracking of the next major beach renourishment project originally projected for 2006. The last major renourishment, completed in May 1996, had an anticipated life of eight to ten years. However, the entire project was not constructed due to time constraints. Annual monitoring reports indicate that the beach has eroded beyond the design minimum and therefore renourishment is needed. In order to work toward a goal of renourishing as soon as possible, Coastal Planning & Engineering has been working on a sand search as well as designing the renourishment. The permit application is expected to be submitted in the early fall with construction beginning in November 2004. Due to the large equipment that will need to be mobilized, construction contract award is scheduled for the summer of 2004. The Coastal Advisory Committee recommended approval of $9,000,000 for this grant application at their meeting on May 8, 2003 and the Tourist Development Council followed suit on May 28, 2003. FISCAL IMPACT: $9,000,000 is available for appropriation in the Tourist Development Tax FY2003/2004 budget. GROWTH MANAGEMENT IMPACT: The Growth Management Plan Conservation and Coastal Management Element, Section 10.2 states "The County shall continue to insure that access to beaches, shores and waterways remain available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition." And "Evaluate appropriate public access intervals for renourished beaches considering the demand for recreation and the ability of the natural system to support the demand. If existing access is not sufficient, then the County shall acquire additional access points as a part of the renoudshment project." A separate executive summary will address beach access. RECOMMENDATION: That the Board of County Commissioners approve a TDC Category "A" grant application for the renourishment of Vanderbilt, Park Shore and Naples beaches in the amount of $9,000,000. JUN 1 0 2003 SUBMITTED BY: REVIEWED BY: Ron Hovell, P.E., Coastal Projects Manager REVIEWED BY: J~rector Date: Date: Date: Denny Baker, F.inan7 Admin. & Housing Director ~eP~ov~: ~~ D at~. ~/~ // /Joseph K. ~[~rnitt, Admin~trator .///Community Development & Environmental Services Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance COUNTY / NAPLES BEACH RENOURISHMENT EXHIBIT A m o e Name and Add~ ess of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples. FL 34112 Contact Person, Title and Phone Number: Ron Hovell. Coastal Projects Manager Public Utilities Engineering Department Phone: 530-5342. FAX: 530-5378 Organization's Chief Official and Title: Commissioner Tom Hennine. Chairman Board of County Commissioners Project Description[and location]: Offshore renourishment of roughly 1.000.000 cubic yards of sand on Vanderbilt. Pelican 6. 7. 8. Bay*. Park Shore. and Naples beaches. Specific areas within these beach semments will be determined as the desi..*n process moves forward. The en_o-ineerin~ firm will make recommendations on permeable ,m'oins for the Naples segment. Estimated project start date: Estimated project duration: Total mount requested: October 2003 18 months $10.000.000 (* plus Pelican Bav funding) If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) JUN 1 0 2003 Collier County Tourist Development Council Grant Application Page 2 PROJECT BUDGET COUNTY / NAPLES BEACH RENOURISHMENT PROGRAM ELEMENT Offshore sand renourishment, Vanderbilt Offshore sand renourishment, Park Shore Offshore sand renourishment, Naples Permeable groins, Naples AMOUNT $2,500,000 $1,600,000 $4,900,000 $1,000,000 TOTAL $10,000,000 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Organization's Chief Official or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(1-1)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineering effective October 1998 and is currently Director of Public Utilities Engineering. JIJN 1 0 2003 p~. EXECUTIVE SUMMARY, APPROVE A TDC CATEGORY "A" GRANT APPLICATION FOR THE RENOURISHMENT OF MARCO SOUTH BEACH IN THE AMOUNT OF $600,000 OBJECTIVE: To obtain approval of a TDC Category "A" grant application for the renourishment of Marco South Beach in the amount of $600,000. CONSIDERATIONS: The beach at the south end of Marco Island has been the only eroding section of the main Marco Island beach over the last ten years. In September 2001, Tropical Storm Gabrielle caused damage that the Federal Emergency Management Agency (FEMA) has deemed eligible for Public Assistance. The FEMA cost estimate is based on replacing approximately 50,000 cubic yards of sand by dredging a portion of Caxambas Pass. The Coastal Advisory Committee has recommended funding this grant application at their meeting on May 8, 2003. The Tourist Development Council recommended funding this grant application at their meeting on May 28, 2003. FISCAL IMPACT: $600,000 is available for appropriation in the Tourist Development Tax FY2003/2004 budget. GROWTH MANAGEMENT IMPACT: The Growth Management Plan Conservation and Coastal Management Element, Section 10.2 states "The County shall continue to insure that access to beaches, shores and waterways remain available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition." And "Evaluate appropriate public access intervals for renourished beaches considering the demand for recreation and the ability of the natural system to support the demand. If existing access is not sufficient, then the County shall acquire additional access points as a part of the renourishment project." A separate executive summary will address beach access. RECOMMENDATION: That the Board of County Commissioners approve a TDC Category "A" grant application for the renourishment of Marco South Beach in the amount of $600,000. JUN 1 0 2003 SUBMITTED BY: Ron Hovell, P.E., Coastal Projects Manager REVIEWED BY: ~rector Denny Baker, FinTci~dmin. ~rHousing Director / ~6seph K. Schrhitt, Administrfitor Community Development & Environmental Services Date: JUN 1 0 2003 Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance Marco Island South Beach Renourishment EXHIBIT A Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Contact Person, Title and Phone Number: Ron Hovell, Coastal Projects Manager Public Utilities Engineering Department Phone: 530-5342, FAX: 530-5378 6. 7. 8. Organization's Chief Official and Title: Commissioner Tom Henning, Chairman Board of County Commissioners Project Description[and location]: Placement of approximately 50,000 cubic yards of sand from Caxambas Pass on Marco Island South Beach between R-144 and R-148 (Caxambas Pass). Estimated project start date: Estimated project duration: Total amount requested: October 2003 7 months $600~000 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No ( X ) A~A ;TEM JUN 1 0 2003 Collier County Tourist Development Council Grant Application Page 2 PROJECT BUDGET Marco Island South Beach Renourishment PROGRAM ELEMENT AMOUNT Engineering services for construction monitoring and final report Placement of 50,000 CY of sand TOTAL $80,000 $520,000 $600,000 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Organization's Chief Official or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(H)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineering effective October 1998 and is currently Director of Public Utilities Engineering. 2003 EXECUTIVE SUMMARY APPROVE CITY OF NAPLES TOURIST DEVELOPMENT CATEGORY "A" BEACH RENOURISHMENT / MAINTENANCE GRANT APPLICATIONS FOR FISCAL YEAR 2003/2004 IN THE AMOUNT OF $79,756 OBJECTIVE: To obtain approval of Tourist Development Category "A" funding applications as recommended for approval by the Coastal Advisory Committee and the Tourist Development Council. CONSIDERATIONS: Thc City of Naples has submitted two Tourist Development Category "A" grant applications - one for the annual monitoring of Doctors Pass in the amount of $10,580 and the other for three years of annual monitoring of Gordon Pass in the amount of $254,320. On April 10, 2003, the Coastal Advisory Committee recommended approval of both grant applications. On April 28, 2003, the Tourist Development Council (TDC) recommended approval of $10,580 for the annual monitoring of Doctors Pass and $6%176 for the annual monitoring of Gordon Pass. The TDC did not recommend the second and third year monitoring nor the contingency sand fill placement related to Gordon Pass. Annual monitoring in prior years has been approved one year at a time. The recommended grant approvals are shown below. DESCRIPTION Doctors Pass Monitoring Gordon Pass Monitoring AMOUNT $10,580 $69,176 TOTAL $79,756 FISCAL IMPACT: The total amount of $79,756 for FY2003/2004 is available for appropriation in the Tourist Development Tax FY2003/2004 budget. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve the attached grant applications for Tourist Development Category "A" projects in the amount of $79,756. JUN 1 0 2003 J SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Ron Hovell, P.E., Coastal Projects Manager Date: a,e: Denny Baker, Financial Admin. & Housing Director J~seph K. Schn4'itt, kdministrator d/iUommunity Development & Environmental Services JUN 1 0 2003 EXHIBIT A Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance Semiannual Monitoring of Doctors Pass 1. Name and Address of Applicant Organization: City of Naples 735 Eighth Street South Naples, Florida 34102 Contact Person, Title and Phone Number: Jon C. Staiger, Ph.D., Natural Resources Manager Organization's Chief Official and Title: Bonnie R. MacKenzie, Mayor Project Description[and location]: The Doctor Pass Inlet Management Plan, formally adopted bv the Department of Environmental Protection in 1997, established a management timetable calling for maintenance dredging on a four-year cycle. To accomplish this a large impoundment basin was created in the outer approach to the pass. The long-term permit for maintenance dredging requires semiannual monitoring of the depth profile of the pass and its inner and outer approaches. This proiect satisfies that monitoring requirement. Estimated project start date: 01 October 2003 Estimated project duration: one year Total amount requested: $10,580.00 JUN 1 0 2(103 Collier County Tourist Development Council Grant Application Page 2 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No ( X ) PROJECT BUDGET Semiannual Monitoring of Doctors Pass PROGRAM ELEMENT AMOUNT Semiannual monitoring: Labor and overhead... Vessel, survey fathometer, precision positioning, miscellaneous field costs... Contingency... Project total $7,800.00 1.900.00 880.00 $10.580.00 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Organiz~.tion s C'hi~f~__~cial or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(H)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineering effective October 1998 and is currently Director of Public Utilities Engineering. l JCS/Wordata/MBTDAC/2003 monitoring TDC grant application.doc JUN 1 0 2003 L~w~on Chiles Governor Department of Environmental Protection Mar~ory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Virginia B. Wetherel) Secretary CERTIFIED - RETUR~ RECEIPT REQUESTED January 4, 1999 RECEIVED JAN I 1 199.9 Natural Resources Ivlanager City of Naples and Save the Bays Association, Inc. c/o Robert A. Crawford, P.E. Suboceanic Consultants Incorporated 26l Airport Road. South Naples Florida 33942 Permit Modification Doctors Pass Maintenance Dredging Permit No. 112032389 Dear Mr. Crawford: Your request to modify, this permit has been received and reviewed by Department staff. The requested modification was received on Januau' 20, 1998 and determined to be complete pursuant to rule on October 20.1998 upon receipt of additional information. The proposed permit modification is to 1) excavate approximately 125 cubic yards of rock boulders encountered between elevations -11 and -13 ft. NGVD in dredge area 1 and place the excavated boulders on the south jetty; 2) stabilize existing loose boulders located on the jetty: and 3) enlarge dredge area 3 to include the southernmost section of the flood tidal shoal and to extend the interior channels of dredge area 3 approximately 500 fl. further into Moorings Bay at a width of 50 ft. Removal of the rock boulders between elevations -11 and -13 ft. NGVD in dredge area 1 is to allow the hydraulic dredge operator to more efficiently excavate the impoundment basin to achieve the authorized design depth of-14.0 ft. NGVD. Placement of the 125 cubic yards of excavated boulders and stabilizing exist;ng loose boulders on the south jetty will replace the approximately 200 cubic yards of material lost over the previous 32 years and will not exceed the footprint, length, or elevation of the jetty as originally consmacted. Widening of the channel in dredge area 3 is to improve navigation and decrease sediment scour and undermining of seawalts bordering the channel. Existing depths in the proposed enlargement areas range from -7 to -3 ft. NGVD at the flood shoal and -7 to -5 ft. NGVD at the proposed interior channel widening and extension. The proposed channel extension follows +-h.e -": ~':-- "Prote~. Conserve an~ Manage Florida's r-nv.'onrnent and Natural Pnnted on recycled paper. JUN 1 0 20O3 Notice of Permit Modification City of Naples and Save the Bays Association, Inc. Permit No. 11-2032389 Page 3 The specific conditions shall be revised as follows: SPECIFIC CONDITIONS: 3. At least 48 hours prior to commencement of work authorized by this permit, the permittee shall notify the Department of Environmental Protection, E' ~ Bureau of Beaches and Coastal Systems in Tallahassee, and the South District office in Ft. Myers, in writing of this commencement. 4. Semiannual narrative progress reports shall be submitted to the B-~cz'.: cf x, Vzt!"=~ Rzr, c."~rze ~,~ ......... ~ .rnu.r.a~ ( ^ ~r~T · c'~-~ .... ~ Bureau of Beaches and Coastal Systems and the Deparunent's South District office in Ft. Myers, indicating the status of the project and including the following information: 5. Best management practices shall be used at all times during the activities authorized by this permit to minimize turbidity at both the dredging and spoil areas. At the dredging areas, these practices shall include using a hydraulic pipeline dredge. For excavation of rock boulders in dredge area 1~ a clam shell or dipper dredge is authorized. At the spoil areas, these practices shall include placing a baffling device at the end of the spoil discharge pipe to reduce the velocity.. The permittee shall be responsible for inspecting all submerged pipelines for leaks at least once a day during construction and keeping a log of these inspections. In the event of leaks, work shall be stopped and the leak(s) shall be repaired immediately. In addition, turbidity during construction shall be monitored as described in the monitoring portion of this permit. 10. The proposed channel ~ widths in doctor's Pass shall not exceed the dimensions depicted on the attached drawings dated September 22, 1998. 11. At least 30 days prior to the placement of pipelines, the petmittee shall submit to the Deparm~ent's c,-...~.~,~_. D;.~ct ~...~ ,~, ;~ .r:*~. x~...: ~-~ .... Bureau of Beaches and Coastal Systems in District office in Ft. Myers, maps that show all submerged pipeline corridors that will be used for this project. Consu'uction shall not begin until w-itten approval of the submerged pipeline corridor is received from the Department's $c,'.:~ ~'~"';"*~.~-.-. ~...~-~'~" ~'~. .r:*.. ---;---"s .... Bureau of Beaches and Coastal Systems in Tallahassee. 12(j). No blasting shall be allowed. DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of Beaches and Shores Bureau o~ Coastal Engineering and Re~lulation 3900 Commonwealth Blvd. - Mail Station 310 'ralmhassee0 Florida 32399-3000 {904) 488-3180 pERMIF NUMBE~,: DBS910290 CO City of Naples and Save The Bays Association, Inc. c/o Robert A. Crawford, P.E., President Suboceanic Consultants Incorporamd 261 Airport Road, South Naples, Florida 33942 PERMTF FOR CONSTRUCTION OR OTHER ACTIVIT]~ PURsuAN~ TO SECTION 161.041, FLORIDA STA~ FINDEqGS OF FACT: An application for authorization to conduct the activities below the mean high water line upon sovereignty lands of Florida which are indicated in the project description was filed by the applicant/perrnittee named herein on October 30, 1991. The application was held in abeyance pending completion of a draft inlet management plan. The apphcation was determined to be complete pursuant to role on March 6, 1995. The apphcation was considered by the Chief of the Bureau of Beaches and Coastal Systems on behalf of the · Department of Environmental Protection. OF LAW' After considering the merits of the proposal and any written CONCLUSIONS - ' -~-- ,-,--~-*,-,ent finds that on comphance with the permit objections from affected persons, me ~ep"'~-. ' .... icated in the project description are of such a nature that they will conditions, the acumlaes .md .... ~ .... ,~,, beaches of the state; are not expected to result in no significant at,verse ~mpacts to me ~,~,j adversely impact nesting sea turtles, their hatchlings, or their habitat; will not interfere, except during construction, with the use by the public of any area of the beach seaward of mean high water; are appropriately designed in accordance with Rule 16B-41, Florida Administrative Code; and are activities or types of construction which the Bureau Chief has authority to approve or deny pursuant to Administrative Directive DEP 140, effective July 1, 1993. Based on the foregoing considerations, the Bureau Chief approves the application; authorizes consUmction and/or activities at the location indicated below in strict accor lance with the project description; the approved plans (if any)' which by this reference are incorporated hereto; the conditions provided in Rule 16B41.015, Florida Administrative Code; and any additional conditions shown below, pursuant to Rule 16B41.015(2), Florida Administrative Code. EXPIRATION DATE: M~rch 29, 2005 JUN 1 0 2003 Permittee: Cit~ of Naples, Bays Association, Inc. Permit No. 112032389 Page $ Florida, and Save the incorrect in the permit application or in any report to the Department, such facts or information shall be corrected promptly. SPECIFIC CONDITIONS: 1. The Permittee is hereby advised that Florida law states: "No person shall commence any excavation, construction, or other activity involving the use of sovereign or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund or the Department of Environmental Protection under Chapter 253, until such person has received from the Board of Trustees of the Internal Improvement Trust Fund the required lease, license, easement, or other form of consent authorizing the proposed use." Pursuant to Florida Administrative Code Rule 16Q-14, if such work is done without consent, or if a person otherwise damages state land or products of state land, the Board of Trustees may levy administrative fines of up to $10 000 per offense. , 2. If historical or archaeological artifacts, such as Indian canoes, are discovered at any time within the project site the permittee shall immediately notify the district office and the Bureau of Historic Preservation, Division of Historical Resources, R. A. Gray Building, 500 S. Bronough St. Tallahassee Florida 32399-0250. , , 3. At least 48 hours prior to commencement of work authorized by this permit, the permittee shall notify the Department of Environmental Protection, Bureau of Wetland Resource Management in Tallahassee, and the South District District office in Fort Myers in writing of this commencement. , 4. Semiannual narrative progress reports shall be submitted to the Bureau of Wetland Resource Management in Tallahassee (ATTN.: Compliance) and the Departme~t,s South District office in Ft. Myers, indicating the status of the project and including the following information: Date permitted activity was begun; if work has not begun on-site, please so indicate. Brief description and extent of dredging completed since the permit was issued or since the previous report. Indicate on copies of the permit drawings those areas where work has been completed. Brief description and extent of dredging anticipated in the next six months. Indicate on copies of the permit drawings those areas where it is anticipated that work will be done. This report shall include on the first page, just below the title, the certification of the following stat :men~ JUN Permittee: ~ity of Naples, Plo=ida, Bays Assoc~at£on, Inc. Permit No. 112032389 Page 6 and Save the by the individual who supervised preparation of the report: "~,hi~s~ ~ ~_~ ~e~ents a ua nd acc rate desc ' t'on of activ'ties o ucted durin the two month e 'od covered b this o t." The first semiannual narrative progress report is due six months from the date of permit issuance. 5. Best management practices shall be used at all times during the activities authorized by this permit to minimize turbidity at both the dredging and spoil areas. At the dredging areas, these practices shall include using a hydraulic pipeline dredge. At the spoil areas, these practices shall include placing a baffling device at the end of the spoil discharge pipe to reduce the velocity. The permittee shall be responsible for inspecting all submerged pipelines for leaks at least once a day during construction and keeping a log of these inspections. In the event of leaks, work shall be stopped and the leak(s) shall be repaired immediately. In addition, turbidity during construction shall be monitored as described in the monitoring portion of this permit. 6. At least 60 days before each dredging event (except the first) in Cut Nos. 2, 3 and 4, the permittee shall supply sediment size analyses from the shoals to be dredged to the Bureau of Wetland Resource Management (BWRM) in Tallahassee for review. This information shall be used to determine if the dredged material may be disposed of in the nearshore sites (i.e., if it contains less than 10% silts) or if it must go to a self-contained upland soil disposal site. The BWRM shall respond in writing within 30 days of receipt of the analyses concerning the suitability of material for nearshore disposal. 7. Before each dredging event begins, the permittee shall clearly mark the limits of the waterward extension of Cut Nos. 3 and 4 with a series of buoys that are no more than 50 ft. apart, to protect the existing flood-tide shoal area within Moorings Bay, as shown on Sheet 2 of the attached permit drawings. 8. Dredged material shall not be directly disposed of outside of the limits of the nearshore disposal sites and it shall not shoal, after a disposal event, beyond the limits of the nearshore disposal sites, as shown on Sheets 2 and 3 of the attached permit drawings. To help ensure that this condition is met, the perimeter of Spoil Site No. 1 shall be marked with a series of buoys that are no ~re than 100 ft. apart, and the perimeter of Spoil Site No. 2 shall be marked with a series of buoys that are no more than 250 ft. apart. The permittee shall ensure that these buoys are maintained in place throughout the duration each disposal event. 9. The permittee shall leave a buffer of at least 500 ft. between any spoil disposal on Spoil Site No. 1 and the existing ha~i JUN I 0 EXHIBIT A Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance Semiannual Monitoring of the South Gordon Drive T-Groin Project Name and Address of Applicant Organization: City of Naples 735 Eighth Street South Naples. Florida 34102 Contact Person, Title and Phone Number: Jon C. Staiger, Ph.D., Natural Resources Manager Organization's Chief Official and Title: Bonnie R. MacKenzie. Mayor Project Description [and location]: This proiect consists of semiannual monitoring of the South Gordon Drive T- Groin proiect. The two T-groins and two permeable wood groins were installed in 2000, along the beachfront north of Gordon Pass, between 800 and 1,800 feet north of the Pass. The purpose of the project, which is a component of the 1998 Gordon Pass Inlet Management Plan. is to retard sand movement from the Naples Beach into Gordon Pass. The net annual transport of sand along the Naples Beach is to the south. The presence of the T-groin field does not change that. but it does prevent the severe fluctuations that historically occurred along that section of beach. The first two years of monitoring have been paid for bv TDC grants. This request is for the total estimated cost to complete the monitoring for years three through five. One of the major concerns addressed by the monitoring impact of the groin field on the beach between the groins and Gordon Pa there is downdrift erosion meeting the threshold limits and mitigation criteri 1S the JUN Collier County Tourist Development Council Grant Application Page 2 described in the ~roiect permit, fill must be placed in the eroded area to restore it to the preconstmction condition. To satisfy that criterion, the proiect budget contains three tasks (F through H) for contingency fill placement in the third through fifth years. The permit also states that "The contingency requirements will be terminated once the proiect has performed successfully without the need for structural modification or mitigative sand fill for a period of three years." Thus far, there has been no need for either activity. If the results of the monitoring delineated in Task A {36-month monitoring) show no need, the $118,680.00 for contingency fill placement will not be needed. Estimated project start date: 01 May 2003 Estimated project duration: three years Total amount requested: $254,320.00 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) The project can be accomplished based on a single multi-year purchase order or three individual annual purchase orders. PROJECT BUDGET Semiannual Monitoring of the South Gordon Drive T-Groin Project PROGRAM ELEMENT AMOUNT Please see the 05 March Humiston & Moore letter, which details all of the tasks and their costs JUN 1 0 2003 Collier County Tourist Development Council Grant Application Page 3 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. / Signature of Organization s ~hiefXOf~al or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(H)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineering effective October 1998 and is currently Director of Public Utilities Engineering. JCS ~Wordat&rr-Grom prolect/2003 TDC ~am a~pitcanon.doc JUN 1 0 2003 HUMISTON & MOORE ENGINEERS COASTAL ENGINEERING DESIGN AND PERMITTING 5679 STRAND CO(JRT NAPLES, FLORIDA 34110 FAX: 239 594 2025 PHONE: 2.'19 594. 2021 March 5, 2003 Dr. Jon Staiger, Natural Resources Manager City of Naples 735 Eighth Street South Naples, FL 34102 Re: Hand Delivered Contract Amendment for Remaining Project Monitoring 2003-2005 36-Month Survey with 3-Year Report (2003), and 42-Month and 48-Month Survey with 4-Year Report (2003/2004), and 54-Month and 60-Month Survey with Final 5-Year Report (2004/2005) HM File No. 9-062, South Gordon Drive Beachfront T-Groin Project Dear Jon, in response to our meeting yesterday, we are providing you with this proposal to amend our contract for professional services to complete the 3r~, 4~h and final 5th year monitoring (36, 42, 48, 54 and 60-month surveys) and the third, fourth, and fifth year reporting requirements associated with your State Department of Environmental Protection permit for the referenced project above. The first two years of monitoring and reporting have been completed, and authorization for the 30-month survey and analysis is being processed by the City staff separately. A description of the proposed monitoring services is provided below. We have provided an estimated cost for each category as well as a total not to exceed amount. We have structured this agreement in this manner at the direction of the City staff. Basic Services A. 36-Month Monitodn.a (Lump Sum) 1. Beach and hydrographic survey, (23 offshore profiles, $10,910.00 14 wading depth) ................................................................................. 2. Data reduction and analysis .................................................................... $4,710.00 ........................ $9,440.00 3. Report ..................................................... $2,130.00 4. Compaction ............................................................................................. 5. Coordination with adjacent property owners and their engineer ............. $2,522.00 $29,712.00 Subtotal for Task A: ............................................................................................ 1 of 3 JUN 1 0 2003 B. 42-Month Monitodn~ (Lump Sum) 6. Beach and hydrographic survey, 37 wading depth profile ......................$3,120.00 7. Data reduction and analysis .................................................................... $4,110.00 8. Coordination with adjacent property owners and their engineer ...............$2,522~00 Subtotal for Task B: ............................................................................................ $9,752.00 C. 48-Month Monitoring (Lump Sum) 9. Beach and hydrographic survey, (23 offshore profiles, 14 wading depth) ................................................................................. $10,910.00 10. Data reduction and analysis .................................................................... $4,710.00 11. Report ....................................................................................................... $9,440.00 12. Compaction ............................................................................................. $2,130.00 13. Coordination with adjacent property owners and their engineer .............$2,522.00 Subtotal for Task C: ............................................................................................ $29,712.00 D. 54-Month Monitodn,q (Lump Sum) 14. Beach and hydrographic survey, 37 wading depth profile ......................$3,120.00 15. Data reduction and analysis .................................................................... $4,110.00 16. Coordination with adjacent property owners and their engineer ...............$2,522.00 Subtotal for Task D: ............................................................................................ $9,752.00 E. 60-Month Monitodn,q (Lump Sum) 17. 18, 19. 20, 21. Beach and hydrographic survey, (23 offshore profiles, 14 wading depth) ................................................................................. $10,910.00 Data reduction and analysis .................................................................... $4,710.00 Final Report ............................................................................................... $9,440.00 Compaction ............................................................................................. $2,130.00 Coordination with adjacent property owners and their engineer ............. $2,522.00 Subtotal for Task E: ............................................................................................ $29,712.00 Total for Basic Services ...................................................................................... $108.640.00 Additional Services F. Contingency Fill Placement (T&M) following 2003 analysis 22. Full Survey, if needed ............................................................................ $10,910.00 23. Analysis and administration of fill placement, construction observation, wading depth surveys for post fill and payment review ....... $8,650.00 24. Fill placement of 1,000 cy at $15/yd plus site restoration~ ...................... $20,000.00 Subtotal for Task F: ............................................................................................ $39,560.00 ~ A budget of $20,000 is recommended for contingency fill placement on the downddfl shoreline (1000 cy at $15tyd, plus site access restoration) and within the structures, if deemed necessary by permit conditions and monitoring results. Next, ~ ~ 2 of 3 HUMISTON & MOORE ENGINEERS * NAPLES, FLORIDA JUN I 0 G. Contin enc Fill Placement &M followin 2004 anal sis $10,910.00 25. Full Survey, if needed, · .......................................................................... 26. Analysis and administration of fill placement, construction observation, wading depth surveys for post'fill and payment review ....... $8,650.00 27. Fill placement of 1,000 cy at $151yd plus site restoration ....................... $20,000.00 Subtotal for Task G: ............................................... ,' ............................................ $39,560.00 H. onfin en Fill Placement &M foliowin 2005 anal is $10,910.00 28. Full Survey, if needed, · .......................................................................... 29. Analysis and administration of fill placement, construction observation, wading depth surveys for po~;t fill and payment review ....... $8,650.00 30. Fill placement of 1,000 cy at $15/yd plus site restoration ....................... $20,000.00 $39,560.00 Subtotal for Task H: ........................................ Total for Additional Services: ...................................................................... I. Structure and buoy maintenance ('I'&M} 31 Maintenance of structure, rock re~ocation and/or buoys · $12,000.00 (T&M, $4,000/yr) .................................................................................... J. Contin.qency for Meetin,qs (T&M~ 32. Meetings with City, presentation to City or Beach Committee, and DEP ($5,000 per year) ................................................... $15,000.00 Total for Basic, Additional Services and contingency: ........................................ ~ As you are aware, should the 36-month survey to be collected in May 2003 indicate that no fill placement is required, then the contingency fill placement list under Tasks F, G and H, totaling $118,680.00 (Additional Services), will not be necessary per the DEP permit. We propose to provide services under Tasks A through E as lump sum and the remaining tasks as time and materials in accordance with the attached fee schedule dated January 1, 2003, included as part of this letter of agreement. Should services be requested which extend beyond the scope of services referenced above, such services will be provided as Additional Services in accordance with the current fee schedule and general conditions in effect at the time of work, upon written acceptance by the City. Should you have any questions regarding this agreement, please call. Sincerely yours, Brett D. Moore, P.E. Attachments ENGINEERS cc: Ann Marie S. Ricardi, Finance Director 3 of 3 HUMISTON & MOOR£ ENGINEERS * NAPLES. FLORIr')~'. Jeb Bush Governor Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Fioricia 32399-3000 David B. S~uhs Secretary CONSOLIDATED JOINT COASTAL PERMIT AND INTENT TO GRANT SOVEREIGN SUBMERGED LANDS AUTHOI~IT.&TION PERMITTE~A~O~ED ENTITY: City of Naples c/o Hurniston and Moore Engineers Brett Moore, P.E. 10661 Airport Road North, Suite 14 Naples, Florida 34109 Permit/Authorization No.: 0147224-001 -JC Date of Issue: January 24, 2000 Expiration Date: January 24, 2005 County: Collier County Project: Naples-Gordon Drive Groins This permit is issued under the authority of Chapter 161 and Part IV of Chapter 373, Florida Statutes CF.S.), and Title 62, Florida Administrative Code (F.A.C.). Pursuant to Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C., the Department is responsible for reviewing and taking final agency action on this activity. ACTMTY DESCREPTION: The authorized activity is to construct the following erosion control project: (1) reconfigure the existing rock and timber groin field and (2) place up to 25,000 cubic yards of beach-compatible fill material within the affected region, in two phases, and place beach-compatible fill material on a contingency basis as specified in the attached Monitoring and Contingency Plan. The project area extends fi-om approximately 600 feet north of the Department's range monument R-88 to approximately 100 feet north &the Department's range monument R-89. Within the project area, three der, lict timber groins, one L-shaped rock groin, and one rock mound will be removed. The two derelict timber groins at the north end of the project site will be replaced with adjustable porous timber groins approximately 120 feet in length with a cap elevation of +3.4 feet (NGVD). The third derelict timber groin and the rock mound will each be replaced with a rock and vinyl- sheetpile T-head groin using rock recovered from the removal of the existing structures in addition to rock obtained from an upland source. Each of the T-head groins measures approximately 180 feet, in the shore-rlormal direction, and approximately 150 feet "Protect, Conserve and Manage ~Florido's Environment and Natural Resource Pnnted on recycled paper. October 15, 1999 Gordon Pass, North Erosion Control Project Hydrographic Monitoring Program Annual Mor~itorinq Pro,qram: A total of 23 beach profiles, topographic and bathymetric, shall be surveyed immediately prior to and following construction, six months following construction, and annually following construction thereafter up to and including the fifth year following construction. The 23 profiles are shov~ on the attached exhibit. Beach profile lines 1 through 7 shall extend a minimum of 3000 feet offshore, or the minimum distance offshore to ensure profile closure. Beach profile lines 1, 3, 5 and 7 correspond to the DEP database and monument system. Profile lines 2, 4 and 6 are intermediate lines along profile azimuths averaged between the adjacent DEP profile lines. Beach profiles 8 through 23 shall extend a minimum of 1000 feet offshore. Profile lines 8 through 17 have the same azimuth as R-88, and lines 18 through 23 have the same profile azimuth as R-89. Additional wading depth profiles along the trunk sections of each structure and at 25 foot intervals shall be collected from profile lines 5 through 18. The wading depth profiles are intended to document nearshore changes in the immediate vicinity of the structures and wilt be limited to the seaward limit of the T-sections or -4 feet NGVD, which ever is further offshore. Intermediate Surveys at 6 month interval.s: The following wading depth surveys wilt supplement the monitoring program presented above. Following the first year after construction intermediate surveys on six month intervals between the annual surveys referenced above will be conducted at each station, consisting of wading depth profiles to a minimum depth of -3 feet NGVD offshore. Contin.qency Surveys: A contingency survey will be conducted in accordance with the attached exhibit and annual surveys ref.erenced above following the impact of a storm event or excessive erosion losses exceeding the cdteda in the Hydrographic and Contingency Plan. Page 4 of 4 JUN 1 O 2003 GULF OF MEXICO 4 lo 12 $7 GORDON PASS JL'TTY KEEWAYDIN ISLAND NOV 2 & 1999 i~UREAU OF L.. . s ~ DNR REFERENCE MONUMENTS ~ [~O~'J'~L ~'fSTE[~g NOT~ PROR~ 1 THRU 7 SH~ ~ND TO ~OOO ~ O~HORE PROR~S 8 THRU Z~ S~ E~END TO IOO0 FE~ O~HORE ~NI MON~ORING PROGRAM 1106el ~T ~. ".. S~ 14 EXECUTIVE SUMMARY AePaov n S TTI E T eaOeOSA[ gOa COMeaO VnSE OF A COI>E ENFORCEMENT LIEN IMPOSED IN BOARD OF COUNTY COMMISSIONERS V. CLEVELAND A. and CAROLYN BLOCKER AND PAYMENT OF $5,000. OBJECTIVE: To approve the settlement proposal made by Cleveland Blocker to compromise the code enforcement lien imposed by Order Imposing Fines/Lien in Board of CounQ' Commissioners, Collier County v. Cleveland A. and Carolyn Blocker, CEB Case No. 01-064, and accept payment in the amount of $5,000 in satisfaction of the lien. CONSIDERATIONS: An Order Imposing Fine/Lien was entered by the Code Enforcement Board on April 2, 2002 in Board of County Commissioners, Collier County v. Cleveland A. and Carolyn Blocker, CEB Case No. 2001-064. The Order arose out of the alteration of a structure on th~ Blockers' property without first obtaining all required permits. A copy of the Order Imposing Fine/Lien and original Order of the Code Enforcement Board are attached hereto. At the initial proceeding before the Code Enforcement Board on July 16, 2001, Mr. Blocker was represented by a planner from Wilkison & Associates, Vincent Cautero. In anticipation of obtaining a planned unit development to cure the violation, Mr. Cautero requested a six month period within which to bring the property into compliance. The Board ordered that compliance would be obtained by December 31, 2001, or the alteration removed by January 31, 2002. The alteration was eventually removed and the property brought into compliance on November 20. 2002. The fine accrued up through November 19, 2002, and amounts to $15.257.40. Mr. Blocker is proposing to resolve the outstanding fine by paying $5,000. In a letter, Mr. Blocker hats requested that the County waive the remaining $10,257.40 in light of his efforts to cure the violation pursuant to the Board's order and mitigating circumstances regarding his health and the difficulty in removing tenants then residing on the property. In support of his request. Mr. Blocker has provided staff with copies of invoices and copies of cancelled checks which evidence the fact that he paid approximately $12,000 to Wilkison & Associate n/k/a Wilson Miller for their professional services. In considering this offer, staff has weighed the costs to be incurred by the County in initiating and prosecuting foreclosure of the lien, the likelihood of obtaining a foreclosure judgment and the costs to the County in removing the current tenants and disposing of the property in the event it obtains title to the property at foreclosure sale. In addition, staff has considered the costs expended by the Blockers in attempting to cure the violation, the good faith efforts by the Blockers to address this vb lation from the initiation of its prosecution through compliance, and the need for safe and affordable housing for the Immokalee community. In light of the foregoing, staff is recommending acceptance of the settlement proposal on the condition that payment be made by the Blockers within sixty (60) days of the Board's approval. FISCAL IMPACT: The sum of $5,000 will be deposited into the "Code Enforcement Board Fines" Revenue Account MSTD General Fund 111. AGE~-;~L ,7 z~, ~ ~ GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: Authorize the acceptance of the proposal conditioned on receipt of payment within sixty (60) days, unless extended by staff for good cause; and Following payment in full of the sum of $5,000 to the County, authorize its Chairman to execute a Release of Lien; and o Authorize staff to record the Release of Lien in the Public Records of Collier County, Florida. Michelle Edwards Arnold, Director Code Enforcement Department Ellen T. Chadwell Assi,st~nt County Attornc.x ~ds~ph ScGitt. Administrator Community Dev. & Enx ironmental Services CODI.~ I?~NI:OI},£'I_:MIiN'[' B{)ARD COI,I,I[.!R COUNTY. I.'I,ORIDA Be ):\RI) ¢ )F (.'{ }1 :N'I'Y ('( ['1 )l.l.ll.~R L'[)I 'NI'Y. Fl.[)Rll)A. l'clitionc:'s. \5. ('/\SI.', NJ). Ct:,B 2001-1164 t?,[,( )('KI'iR. CI .I,i\'F,I.:\NI) :\. & C/\R()I,YN. l{,,zsptmdcnts ¢)RI)}-J{ IN. IP©5;INC, FiN!:..c,/C()NT54/I .I?,2 punic hearing I~cl'm'c :hz' Board ot~ March :',,t thc public hearing tm Juh' 16. 2001. thc [?,c. ard hz:u'd testimony under oath. received l-}xhibit ",,V') Said ()rdcr rCtluircd R,.2spondcnts to take certain correct, irc :~c:ion lo torte'ct thc x'it~latitms b,. a lime certain :ts lnorc spccifScal]y .set fin'th in this ()rdcr. _00=. h::s been filed .,\n/\fl'idavit o]'Non-C'(m:pli:mce, bearing Iht date of Fchrtmry 19." " g' xx'ith thc Buard hv thc Code I:.nlbrccmcnt ()flicial. which Affidavit certified under o;.llh that thc ~ - required corrective actior~ hns not bccn taken as ordered. Accordingly. it having bccn brought to thc Bu:n'd's attention th.'~t Respondents tmxc not ~cmnplicd with ~l~c ¢)rdcr cmcrcd on .hflv. 27.20~11. it is hcrcb.v OI,.Dt:.IxEI.. that thc Rcsptmdcnts pay lo (Jollier County a 15nc in linc itm()unt of txx'o llh,us;ind one htmdl'Cd lifly dollilrs {52,15().1)(11 li,r Ihg l~gl'iod ~1' t:cbrtti~r7 I. 2nu2 Ilmutgh ~lard~ 2002 al thc rate ol'550/day, plus six hunclrcd and fil~y-seven dollars and I~rtv cents {5657.4(~} fin' Iht opcrntional costs incurred in Ibc prosecutim~ ,,;'lhis case. IT IS FL JR'I'I II'~R ()RI)tCRIC[) TI IA'I' ;L linc ~1' 55{) per day gtHIlilltlC h~ aCgl'tlC ~mtit Rcspondcn~ comes into compliance wilI~ the Order or tmti] .ludgmcnl is rendered in a suit Io l'orcch,sc on a lien lilctl ptlrstI~mt Io Scclion 162.09. FIoritla SlattltCS. 'I'i~is Order m:,v be recorded and shall, pursuant Io Section 162.09. i.'lorid',~ Xlattllcs. cun:~titutc ',', lien ;~ahtsl imv real properly owned Iw )~cspontlcm. i)()Nti ..\NI) OILDIilLED TI IlS Cmmty. Florida. C'OI)['; I:'NI'()IxL L:Mi:NT !30.,\RI) COI. LIF. R COUNTY. FI.ORII).,\ .~ I.~ 1,, ()1: FI.OlliI)A ) SS: ('OUN'I'\' ()F COI.I..IER) · ~../ /. CliFf FIc~il. C!~irman Zg00 North l tt~rscshoc Drive Naples. Florida 34104 Thc Foregoing instrument was acknowledged bcl'm'c mc Ihis -~ ' day o1' _~.. -~ ,. , Q .2002. by ('lill'Flcgal. ('hairmlm ol'thc ('nde l.)~lbrccmcnl IMard ,d'L'~fllicr Cotllll5. Florida. ~vh() is ~ personally kllo~vll to hie t)l' ~ xx ho has produced a I.'h~l'id;t Drivers' I.iccnsc ;~s idclmllcation. N(}'I'AR Y PI H~,I,I(' My cmmnission expires: ....... JUN 1 0 2003 ! ! CI-2RTIFICA'I'F- OF SEI(V1CE 1 I II.'.RI:.IW t'F. RTI FY th:~ t~ true m~tl ct~rrec~ ct~py ~t' [h~s ()rder Imp~sh~ ~'osls/l.ien h~s A. ~md C. artflv~ I~h~ckcr. 1303 Chrisli:m 'l'crracc. been Ik~rnishcd I~y t;.S. Mail IO Cleveland . ~~_. 2t)02. Immok:flcc. l:h~rid:~ ~142 tiffs ~ day of ~4..lean i~'s~m. t:l~rida l~ar Nt~. 7~(~31 I Napl~s. l:i~,'ida 34102 (941 ) 263-g2()6 2834062 OR: 2867 PG: 0172 i~C01DID in Lhe 01HClAL BIC0RI)$ o! C0tI, Iil C01]ll'rl, CODE ENFORCEMENT BOARD COLLIER COUNTY, FLOR. IDA HC Il! 15.00 COPIIS 1.00 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLOILIDA, Petitioner, CEB NO. 2001-064 BLOCKER, CLEVELAND A. & CAROLYN, Respondents FINDINGS OF FACT, CONCI,IJSIONS OF I,AW AND ORDER OF ']'q~_I]O~BD_ TH,~S CAUSE came on for public hearing before the Board on July 16, 2001, and th~ Board having heard testimony under oath, received evidence, Nd heard arguments respective to ail appropriate matters, thereupon issues its Findings and Fact, Conzlusions of Law, and Order of Board, as follows: FINDIN'GS OF FACT 1. That CLEVELAND A. & CAROLYN BLOCKER are the owners o£record ofthe subject property. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing by their representative, Vincent Cautera. "',' 3.' ...... Th~'f Ihe..Respondents were notified of the date of hearing by certified mail and by OR: 867 PGe 017 4. That the real property located at 121 6'h St. N., lmmokalee, Florida, more particularly described as Folio No. 0000060182480009, Lots I and 2, Block 5 Miller's Park Subdivision, according to tl~e plat thereo£ recorded in Plat Book 2, Page 80, Public Records of Collier Count>', Florida, is in violation of'Section 104.1 .lof Orfiinance No. 98-76, the Collier County Building Construction Administrative Code, in the following particulars: alteration of a structure without first obtaining all required Collier County permits. CONCLUSIONS OF LAW That Cleveland A. and Carolyn Blocker are in violation of Section 104.1.1 of Ordinance No. 98-76, the Collie." County Building Construction Administrative Code. Based u>on the foregoing Findings of Fact and Conclusions of Laxv, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED' That ~he Respondent correct the violation of Section 104.1. l of Ordinance No. 98-76, lee Collier County Building Construction Administrative Code by: I. Obtaining compliance by December 31,2001, or removing the alterations gy January 31,2002; 2. That the Respondent pay all operational costs incurred in the prosecution of this case until he comes into compliance. January ~.I, 2'002. That if the Respondent does not comply with paragraph I of the Order of the ...Board tl~/:'re will be a fine of $50 per day, each day the violation continues past *** OR: 2867 PG: 0174 *** Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order nppealed. An appeal si~all not be a hearing tie nova. but shall be limited to appellate review of the record created witl',in. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this~ day of July, 2001 at Collier CountT, Florida. STATE OF FLO~DA ) COUNTY OF COLLIER) CODE ENFORCEMENT BOARD C OLLI E..~UNTY, FLORIDA Cli cf' ~egal, Chairmm{ 2800 North .Horseshoe Drive Napies, Florida 34104 TI~. £orz~,oing instrument was nckn,owi:dged before me ti~i ~y o1' v001 by P:t:r ~ehman. Vice- Chairman of the Code Enf~cement Board of Collier Count~ Florida, who is personally bnown tc me or ~who h~ produczd a Florida Driver's NOTARY PUBLIC ........... c~tmu b. Ur~no~.~.: My. commission expires: !~'~i ~t~, ~o~.~RTiFiC.&TE OF SERVICE I HEREBY CERTIFY that a tree and :oae:t copy of this O~ER has b=:n sent by U. Mail to Cleveland A. and Carolyn Blocker, I303 Christian Te~ace, Immokale~, Florida 34142 this of July, 2001, M. Jead. l~aw".on. Esq. Attorney for the Code Enforcement Board' 400 Fifth Avenue ,~.,, S,tea:3,00. - Naples, Florida 3~_ 02~..- ....... (041) 263,8206 , ..~.. Ellen T. Chadweli Assistant County Attomey Office of the County Attorney 3301 Tamiami Trail, East Naples, FL 34112 1650 O'Quinn Rd. Immokalee, FL 34142 December 23, 2002 Dear Ms. Chadwell: As was discussed in our meeting last week, I am asking Collier County to reduce the amount of code enforcement lien from $15,257.40 to $3080.00. In or about February of 2001, at the onset of the dispute, I hired Jackie Vvilliams, a local general contractor to bring the property to code and help resolve the issues with Collier County regarding this property. Mr. Vvilliams found that he would be unable to help and referred me to Vvilkison & Associates. After discussing the situation with them, they concluded that the property could likely be made legal by changing the zoning of the property to Planned Unit Development. They appeared before the Code Enforcement Board and told them what they would do to bring the property into compliance and the time needed to do so. VVilkison and Associates were unable to obtain compliance in the time period ordered by the Board but continued for many months to work on the zoning change. During this period, while Wilkison and Associates worked on the issue, I underwent emergency heart surgery and was disabled for several months. I was unable to involve myself with this situation during that time and had to rely on others, such as Wilkison and Associates for assistance. After several months of investigation, tI-::. /~ they informed me that I would have to install extensive amounts of sidewalks in the area. The sidewalks would have had a cost of approximately $15,000 to $20,000. Then there was a possibility that the project would still not meet the county's specifications. At this point, after having spent about $12,200, I decided that it was not economically feasible to continue to seek approval on the project and I removed the alterations to the building. I sincerely hope that you will understand that I made every possible effort to comply with county regulations and at some expense. I am asking that the Board offset the lien amount by the sum of money I paid to try and fix the violation. Please carefully consider my situation in the resolution of this matter. Sincerely, Cleveland Blocker EXECUTIVE SUMMARY TO APPROVE A BUDGET AMENDMENT OF $379,046 FOR THE EXPENDITURE OF FUNDS FROM FUND 187 BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT FOR THE STORMWATER MANAGEMENT AND INFRASTRUCTURE PROGRAM IN THE GATEWAY TRIANGI FISHADOWl. AWI~ NEIGHBORHOOD, OBJECTIVE: To approve a budget amendment of $379,046 for the expenditure of monies from Fund 187-Bayshore/Gateway Tdangle Redevelopment for the stormwater management and infrastructure program in the Gateway Triangle/Shadowlawn neighborhood. CONSIDERATIONS; September 30, 2002 the Community Redevelopment Agency approved a CDBG Subrecipient Agreement between Collier County and the Collier County Community Redevelopment Agency for the stormwater management and infrastructure program in the Gateway Tdangle/Shadowlawn neighborhood to reduce severe and dangerous flooding conditions involving Kirkland Avenue and Linwood Avenue. This is a reimbursement grant that requires the Bayshore/Gateway Triangle CRA to pay for improvements and then submit all necessary paperwork to the Collier County Financial Administration Housing Department for reimbursement from CDBG funds. Due to design delays, the Project Manager will be requesting a one-year extension of the grant pedod. FISCAL IMPACT: The total amount to be funded is $379,046 of which $329,046 will be reimbursed to Fund 187 in the form of CDBG funds. Funds will be moved from reserves to the object code titled "improvements general'*. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore/Gateway Triangle, that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. RECOMMENDATION: Recommendation that the Board of County Commissioners (BCC) approve a budget amendment of $379,046 for the expenditure of funds from Fund 187- Bayshore/Gateway Triangle Redevelopment for the stormwater management and infrastructure program in the Gateway Tdangle/Shadowlawn neighborhood. D. AARON BLAIR, URBAN DESIGN PLANNER COMMUNITY PLANNING & REDEVELOPMENT SECTION COMMUNITY PLANNING & REDEVELOPMENT SECTION -t- DATE. f[ /'' JUN 1 0 2003 'R~WED BY: ~ ~ M.~,RGARE~'~/U ~ R~;TLE, ,~ICP PLANNIN6~ERVlCES DEPARTMENT DIRECTOR REVlE~/~0 . DENTON BAKER DIRECTOR FINANCE ADMINIST~TION AND HOUSING DATE DATE APP VED BY: /~¢SEPH K. §C_HMI'I-r DATE / ADMINISTRATOR L/COMMUNiTY DEVELOPMENT AND ENVIRONMENTAL SERVICES JUN 1 0 2003 EXECUTIVE SUMMARY REQUEST BOARD APPROVAL OF INSTALLATION AND LANDSCAPE MAINTENANCE AGREEMENT BETWEEN WCI COMMUNITIES, INC. AND COLLIER COUNTY FOR BEAUTIFICATION ON SR 951; REQUEST APPROVAL OF A RESOLUTION AUTHORIZING THE BOARD TO ENTER INTO A LANDSCAPING INSTALLATION AND MAINTENANCE HIGHWAY AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) ON BEHALF OF WCI COMMUNITIES, INC.; AND APPROVAL OF EXECUTION OF FDOT MAINTENANCE AGREEMENT OBJECTIVE: To provide for landscaping along a portion of Collier Boulevard (SR 951) and to assure adequate maintenance for the enhancement. CONSIDERATION: At the Landscape Workshop held by the Board on September 5, 2002, there was a brief discussion initiated by a representative of WCI Communities, Inc., with respect to the issues of enhancing roadways adjacent to the Marco Shores development. Specifically, WCI Communities, Inc. inquired about providing landscaping enhancements for Mainsail Drive and a portion of Collier Boulevard (SR 951). At the workshop, WCI Communities, Inc. was directed to work with staff to develop the appropriate agreement(s). The landscape segment is approximately 0.7 centerline miles and is to be funded by WCI Communities, Inc. Since this is a State Road, Collier County is required to enter into agreements for the maintenance of landscaping improvements within FDOT rights-of-way. The Landscape Maintenance Agreement for SR 951 between WCI Communities, Inc. and Collier County (Attachment 1), the Resolution authorizing the Board to enter into a landscaping and maintenance highway agreement with FDOT on behalf of WCI Communities, Inc. (Attachment 2), and the FDOT Maintenance Agreement (Attachment 3) are attached to this Executive Summary. The Landscape Agreement permits the installation of enhanced landscaping and irrigation and provisions for ongoing maintenance of all improvements within the County's rights-of-way. The attached resolution fulfills this state requirement ensuring that Collier County will oversee and manage the terms of the agreement. WCI Communities, Inc. may assign its obligation under the Landscape Maintenance Agreement to the Hammock Bay Owners Association making it financially responsible for the cost of installation or maintenance of the improvements. The County has the right, under the Landscape Maintenance Agreement, to direct the developer of the property owner's association, the Hammock Bay Owners Association to make any necessary repairs or, if the County's direction is not complied with, to make the repairs and bill the developer or the Hammock Bay Owners Association. Further, the Agreement indemnifies the County from any action on the part of the developer or the property owner's association that might be detrimental to the County. Finally, the Agreement incorporates a set of Maintenance Specifications that the developer and the property owners association must comply with. 2003 Pg. EXECUTIVE SUMMARY SR 951 Landscape Maintenance Agreement Page 2 of 2 FISCAL IMPACT: There is no fiscal impact as a result of these Agreements. associated with the improvements and the related ongoing maintenance responsibility of the developer and the Hammock Bay Owners Association. All expenses shall be the GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve the attached Landscape Maintenance Agreement between WCI Communities, Inc. and Collier County; approve a Resolution authorizing the execution of a landscape maintenance agreement with FDOT; authorize the execution of a Highway Landscaping Installation and Maintenance Agreement with the FDOT and authorize the Chairman to execute the agreements on behalf of the Board. PamN Lulich' ~')~t' Pr°ject Manager' Alternative Transp°rtati°n M°deV / REVIEWED BY: !~N Date: Diane/.3.~Flag~ Alternative Transportation Modes/MPO Director .- APPROVED BY: , '//', LL(.../ Ii_ /,,d-.,t,u£~.i_~'~'(. j'g'; Date: Norman~/"l~. Feder, AICP, Transportation Administrator Attachments: I Landscape Maintenance Agreement between Collier County and WCI Communities, Inc. Exhibit A - Landscape and Irrigation Construction Plans Exhibit B - Landscape Maintenance Specifications FDOT Resolution FDOT Maintenance Agreement JUN I O 2003 LANDSCAPE MAINTENANCE AGREEMENT BETWEEN COLLIER COUNTY AND WCI COMMUNITIES, INC. THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this day of , 2003 by and bem'een COLLIER COUNTY, FLORII)A, a political subdivision of the State of Florida, whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, ("County") and WCI COMMUNITIES, INC., a Delaware corporation, whose mailing address is 24301 Walden Center Drive, Bonita Springs, Florida 34134 ("Developer"). WIINESSEIH: WHEREAS, Developer is the owner of certain tracts of real property in Marco Shores Unit One, according to the plat thereof recorded in Plat Book 14, Pages 33 through 38, inclusive, of the Public Records of Collier County, Florida known as Marco Shores and Hammock Bay (collectively the "Hammock Bay Property"); and WHEREAS, the Hammock Bay Property lies immediately east of Collier Boulevard (SR 951) and is accessed from Collier Boulevard (SR 951) by Mainsail Drive, a Collier County right-of-way; and WHEREAS, Developer desires to improve the appearance of the medians on Collier Boulevard (SR 951) at the Mainsail Drive intersection by installing la:qdscaping and specialty pavers at its sole cost and expense (hereinafter collectively referred to as "Improvements") as depicted on Exhibit "A" attached hereto ("Plans"); and WHEREAS, Developer is desirous of maintaining and replacing as necessary Improvements for an indefinite period of time, at its sole cost and e::?e:'.se: :.7:! WHEREAS, Collier Boulevard in the location of 5'~e Hammock Bay property is a State Road; and WHEREAS, Count3' has a~eed to enter i',',:,, a landscape agreement with the State of Florida on behalf of Developer; and WHEREAS, County finds a public purpose for the beautification of SR 951. NOW. THEILEFORE, in consideration of t;ne above premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Developer shall, with the participation of the Collier CounW Road Maintenance Department and the Collier County Airport Authority, complete the design work for the Improvements in accordance with Florida Department of Transportation standards. Prior to the commencement of installation of the Imprr'vements, Developer shall provide three (3) copies of the Plans to the County. 2. Developer shall, pay for the costs associated with the installation of the Improvements and the work shall be completed by January l& 2005. The Improvements shall be maintained and replaced as necessary by Developer, at no cost to County. Maintenance activities shall be in accordance with the standard Collier County Landscape Operations Section specifications, as detailed in attached Exhibit "B". o Improvements. If required by County, Developer shall obtain any permits needed from _Gonnty far tht~ AGE, ND& IT, EM No. - JUN 1 0 2003 Pg. ~ 4. Developer expressly agrees for itself, its successors and assigns, not to use Collier Boulevard (SR 951) in a manner which would interfere with or adversely affect the ~affic operation or maintenance of the Mainsail Drive fight-of-way by the County or the public. 5. County may remove or order removal of the Improvements if, in the opinion of County, a safety or operational problem is found to exist. Developer agrees that it shall not be entitled to compensation for the removal of the Improvements. 6. Should Developer, or its successors or assigns, as the case may be, fail to maintain the Improvements in accordance with the County approved Plans, County may provide notice to Developer or its assi~mas, in wfiting, specifying the nature of the deficiency. Within five (5) working days of receipt by Developer, its successors or assigns, of the notice, such party shall cause the appropriate repairs to be effected, at no cost to County. In the event damage to, or failure to maintain the Improvements results in a situation where public safety is at risk, County may, at its option, effect repairs to the Improvements itself. without the need for prior x~q-itten notice to Developer or its assigns, and present a bill to Developer or its assigns for all actual costs incurred in effecting the repairs together with invoices. Developer or its assigns shall reimburse County for these costs within forty-five (45) days of receipt of County's bills. 7. Should the State of Florida Department of transportation require removal of all or some of the Improvements, then County shall provide wr/tten notice to Developer. Developer shall have five (5) to remove the Improvements or County may remove the Improvements and present a bill to Developer for the actual costs. Developer shall reimburse County for the costs within forty-five (45) days of receipt of Olil~. $. Developer or its successors or assigns, shall indemnify and hold harmless the CounU; hereunder, from any loss or damages Count5., may suffer as a result of cIaims, suits, demands, damages, losses, c:~. . ~ ~ · ,.e=. penalties, interest, expenses, costs or judgments, including anorney's fees and costs of litigation, against them arising out of Developer's. i~s successors or assigns, use of Collier Boulevard (SR 951 ) for the purposes set forth in this A~eement. 9. The County a~ees to give Developer written notice of any claims files against CounU' in connection wiih this Agq:eement w/thin thirty (30) days of the date that Count, is aware of such claim. 10. way pern.~.it traffic flow performed. Prior to commencing the installation of the Improvements, Developer shall obtain a right-of- from County, which shall address, among other things, the timing of the work, maintenance of during construction, and the permissible lane closures, if any. dunng the time that work is to be 11. This agreement shall remain in full force and effect from the date it is recorded in the Public Records of Collier County, Florida, and until the earliest to occur of either (i) the County or State implements any plan that modifies Collier Boulevard (SR 951) or (ii) County determines that the Improvements cause a safer>, or capaci~ issue. 12. In the event the parties 'hereto shall institute legal proceedings in connection with, or for the enforcement of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees, at both trail and appellate levels. 13. This Agreement shall be effective upon recording in the Public Records of Collier County, Florida, and the benefits and burdens established thereby shall insure to and be the obligation of the parties and their respective heirs, successors or assig-ns. The parties expressly acknowledg: at, a ~** th=t Developer may assign all of its rights and obligations under this Agreement to the Hamn Association, inc. (the "Association"), which Developer intends to incorporate as a Flo~ corporation. Upon written notice to the County at the address set forth above that sucl occurred, the Association shall assume and Developer shall be released from, all of Devel. interest, duties, responsibilities and obligations under this agreement. Except for the above assignment, this Agreement shall not be assigned without the consent of County. Developer also represents that no property owners in Marco Shores shall be financially responsible under this Agreement. 14. This Agreement constitutes the entire understanding between the parties and may previous agreements, whether written or oral, are superseded by this Agreement. 15. This Agreement may only be amended by written agreement of all of the parties. 16. Provided the installation of the Improvements has not commenced, County may terminate this A~reement at any time by giving Developer. or its successors or ass/gms, sixty. (60) days x~Titten notice. 17. This Agreement shall be governed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, the day and year first written above. ATTEST: BO.~D OF COUNTY COMMISSIONERS OF COLLIER COUNT , FLORIDA By: Print Name: Print Nhme: WCI CO.,MNFU~-ITIES. iNC.. a Delaware Corporatior~~.~ By: Christopher J. Hanlon. Vice Presiden~ COU~'NTY OF LEE STATE OF FLORIDA The fore~oin~ instrument was acknowledged before me this ~.' ~ da>' of /[.//~ ~.- .2003. by Christopher J."Ha~lon, as Vic .~ President of WCI Communities, inc., a Delaware corporanon, on behalf of the corporation, who is personally known to me. Notary Public Print Name: My Commission Expires: .:'ay ~.,, ;,,8hella .*~.-:' ,~, ".~ ¢omrniss~on # -~"..~t~-= Expires June Jla AGENDA 1 0 2003 hru JU II ~ ~., Inc. Exhibit "A" State Road 951 Collier County, Plans Prepared for WCI 24301 Walden Center Dr. Bonita Springs, FL 34134 "Landscape Permit Planting and Irrigation Plans" Prepared by Bradshaw, Gill and Associates Landscape Architecture and Planning 4337 Seagrape Ddve Lauderdale-by-the-Sea, FL 33308 Available in Transportation Operations Department 2705 Horseshoe Drive South Naples, FL 34104 (239) 774-8494. JUN 1 0 2003 Pg. ~ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this ~ day of ,20 __, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT", and "COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS", hereinafter referred to as the "AGENCY". WITNESSETH WltEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 951 as part of the State Highway System; and WHEREAS, the AGENCY seeks to install and maintain certain landscape development improvements within the unpaved areas within the fight-of-way of State Road 951; Section 03030 from Mile Post 4.593 to Mile Post 5.293, hereinafter referred to as the "PROJECT"; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution dated is attached hereto and made a part hereof, has authorized its Agreement on behalf of the AGENCY; , a copy of which to enter into this NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY hereby assures the DEPARTMENT, that prior to submitting this Agreement, it has: (a) Ascertained the location of all existing utilities, both aerial and underground. A letter of notification and plan of the landscape development improvements was mailed on , to the following utilities/municipalities: (b) Complied with all permit (county, municipality, etc.) hereunder. requirements from the appropriate agencies in connection, with the activities described AGE, NDA4TE~ No. /(/~'~ t JUN 1 0 2003 Outdoor advertising is specifically excluded from this Agreement in accordance with Section 479.11, Florida Statutes. 2. The AGENCY hereby agrees to install the landscape improvements in accordance with the Landscape Development Plan included as Exhibit "A", attached hereto and by this reference made a part hereof. Such installation shall be in conformance with Rule 14-40, Florida Administrative Code, and the Highway Landscape Beautification and Plan Review Procedure (Topic 650-050-001-c), as they may be amended from time to time. 3. The AGENCY agrees to maintain the landscape improvements in accordance with the Technical Maintenance Plan included as Exhibit "B", attached hereto and by this reference made a part hereof. 4. Designated personnel as directed by the District Secretary or his designee may inspect and evaluate this project and issue a written report if a deficiency or unsatisfactory condition is noted. If deficiencies and/or unsatisfactory conditions are not corrected within thirty (30) days, the District Secretary or his designee shall have the option to do one of two things: (a) (b) Correct and maintain the landscape improvements with DEPARTMENT's contractor or DEPARTMENT's personnel and charge the AGENCY for the reasonable value of said work. Remove by DEPARTMENT's contractor or DEPARTMENT's personnel all landscape improvements, return the right-of-way to its original condition and charge the AGENCY the reasonable value for such work. 5. To the extent permitted by Section 768.28, Florida Statutes, the AGENCY shall indemnify, defend, save and hold harmless, the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the AGENCY, its officers, agents, or employees or due to any negligent act or occurrence of omission or commission of the AGENCY, its officers, agents, or employees. Neither the AGENCY, nor any of its officers, agents, or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of the DEPARTMENT or any of its officers, agents or employees. 6. The AGENCY covenants to keep in force during the period of this Agreement public liabili~ insurance, property damage insurance and worker's compensation insurance through an insurance policy(ies) or the AGENCY's self insurance program. 7. This Agreement shall remain in effect until such time the AGENCY or DEPARTMENT wishes to cancel said agreement and this shall be done in writing giving the AGENCY or DEPARTMENT thirty (30) days notice. All landscape improvements shall be removed by the AGENCY and the DEPARTMENT's right-of-way returned to its original condition. If, after thirty (30) days, the landscape improvements have not been removed, the DEPARTMENT may, at its option, proceed as follows: J UN I O, 2003 (a) (b) Maintain the landscape improvements within the limits of said project with DEPARTMENT's contractor or personnel and charge the AGENCY for the reasonable value of said work; OR Remove by DEPARTMENT's contractor or personnel all of the landscape improvements, return the fight-of-way to its original condition, and charge the AGENCY for the reasonable value of such work. 8. The term of this Agreement commences upon execution by both parties. 9. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 10. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 11. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida. In the event of a conflict between any portion of the Agreement and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: BY: TITLE: District Secretary ATTEST: (SEAL) ATTEST: TITLE: Executive Secretary Legal Review: District Legal Counsel G :fP LANNING/FDOT/I)IS-ONE/MOA/SR9 $1WCl.doc JUN 10 200 Exhibit "A" State Road 951 Collier County, Plans Prepared for WCI 24301 Walden Center Dr. Bonita Spdngs, FL 34134 "Landscape Permit Planting and Inigation Plans' Prepared by Bradshaw, Gill and Associates Landscape Architecture and Planning 4337 Seagrape Drive Lauderdale-by-the-Sea, FL 33308 Available in Transportation Operations Department 2705 Horseshoe Drive South Naples, FL 34104 (239) 774-8494. AG D IT JUN 1'0 2003 Pg. I U, _ RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT. WHEREAS, may median strips within the Florida Department of Transportation (FDOT) rights-of-way on SR 951 arc capable of receiving and sustaining landscape beautification features; and WHEREAS, the Collier County Board of County Commissioners desires to participate in thc beautification of median strips located on SR 951, Section 03030, from Mile Post 4.593 to Mile Post 5.293, a distance of 0.7 miles within Collier County. NOW, THEREFORE, BE IT RESOLVED, by thc Board of County Commissioners of Collier County, Florida that: l. The Chairman, or in his absence the Vice Chairman, is authorized to execute the State of Florida Department of Transportation Highway Landscaping Installation and Maintenance Agreement. 2. A certified cop3' of the Resolution shall be forwarded to the FDOT. ADOPTED with a quorum present and voting this the __ day of 2003. DATE: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk TOM HENNING, Chairman Approved as to form and legal sufficiency: Heidi F. Ashton, Assistant County Attorney ATTACHMENT #~. EXECUTIVE SUMMARY TO ENTER INTO A PURCHASE AGREEMENT FOR THE ACQUISITION OF RIGHT- OF-WAY REQUIRED FOR THE EXPANSION OF IMMOKALEE ROAD BETWEEN COLLIER BOULEVARD AND 43l~ STREET NORTHEAST. FISCAL IMPACT: $396,239.50 OBJECTIVE: To secure a portion of the right-of-way necessary for the expansion of Immokalee Road between Collier Boulevard and 43rd Street Northeast currently owned by Tree Plateau, Inc., and on which The Pelican Nursery is located. CONSIDERATIONS: The Pelican Nursery property, a wholesale tree farm and plant nursery under the ownership of Tree Plateau, Inc., is located within the Activity Center at the southeast corner of the intersection of Collier Boulevard and Immokalee Road. The right-of-way required from the nursery property (0.890 acres) in order to construct the proposed roadway~ improvements would have resulted in the loss of the farm ditch located along the perimeter of the property, which would have resulted in a damage to the entire drainage and irrigation system for the entire nursery unless costly curative measures were undertaken. An initial proposal for mitigating this damage required thc relocation of the farm ditch on the remainder property, along with the relocation of the internal farm road running parallel to and abutting the farm ditch. This proposal would have resulted in the loss of a large portion of the plant growing area, and it was anticipated that this "cure" would have probably resulted in a substantial claim for business damages. Also factored into this claim would have been the fact that the County's access management standards required that the median opening closest to the intersection of Collier Boulevard would be constructed 200 feet to the east of the nursery's existing entrance. This median location would require trucks leaving the nursery to head east and then make U-turns in order to head back towards the Naples or Bonita Springs area where most of the landscaping jobs are located. These U-tums would have been less than desirable from both a traffic safety and roadway capacity standpoint, but from a business standpoint as well. To solve these problems and preclude a business damage claim, it was decided that rather than relocating the farm road through the growing areas, the ditch would instead be piped under the existing farm road, and then the road would be rebuilt over the pipe. In addition, the nursery entrance would be relocated to line up with the new median opening. While these solutions were not inexpensive, they cost far less than the payment of a basiness damage claim on top of the cost to relocate the ditch and farm road. In fact, the relocation of the nursery entrance further to the east actually resulted in a net reduction in the amount of right-of-way required for the project. The Purchase Agreement sets forth all of the terms and conditions under which the property owners and business operator are fully and fairly compensated for the acquisition of the right-of- way and for the curative measures that they are being paid for, contains a No I J U N Page 2 of 2 from any and all further claims for severance or business damages, and from any and all claims for further compensation of any kind, including attorney fees or any other fees and costs. FISCAL IMPACT: The sum of $396,239.50 includes all land and improvements being purchased along with compensation for the curative measure to be undertaken on the remainder property by the property owner, including miscellaneous expenses such as recording fees. Source of funds for this purchase will be gas taxes (Fund 313). GROWTH MANAGEMENT IMPACT:.. As part of the County's Capital Improvement Element, the Immokalee Road Project (No. 60018) and this purchase is an integral part of the Collier County Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners of Collier County, Florida: 1. Approve the attached Purchase Agreement between Tree Plateau, Inc., The Pelican Nursery Co., Inc., and Collier County, and authorize its Chairman to execute same on behalf of the Board; 2. Authorize payment to the Owner in the amount as shall be specified on a Closing Statement approved by the office of the County Attorney; 3. Accept delivery of the Warranty Deed for the right-of-way as provided under the Purchase Agreement; 4. Authorize staff to close the real estate transaction, and to record said deed in the public records of Collier County, Florida; and 5. Authorize any and all budget amendments which may be required to carry out the will of SUBMITTED BY: - -Her~tri-- Ri-ght-(~W~t'y'2~uisition~n c~, ManagerDate: Transportation Engineering and Construction Management Department ~VIEWED ~. ~. . . Date: :.~453ynn Thorpe, P.E., Prinmpal ProJect Manager Transportation Engineering and Construction Management Department APPROVED BY: ._~ ~ ~ Date:_ ~3~/_.~ Gregg R. Strakaluse, P.E., Director Transportation Engineering and Construction Management Department APPROVED BY: / Norman Feder, AICP, Administrator/ i ~ .. Transportation Services Division / JUN 1 0 2003 MA¥.22.200~ y:bgAM NE). l{JbB ~. 2 s PROJECT: pA~CE~L No: F('~l_tr~ No: 6001 101 O01 I;~U RCi-I~$E AQRI=EMENT THIS PURCH/~$E AGI~'EEMENT (hereinafter rot[...ed to as the "AGr~-ement~) Is ma[tO and entered lnlo this day of ~ 2003. by and between TREI= p~TEAU CO., INC., and THE PELICAN NURBERY CO.. INC., both corpu~ti~ns of the 5~t¢3 u[ Delaware having ns their p~ncip[d cn~orate addrem~ C/O C, en~ M. p~nzo, 230 Pn~ Avenue, 26~ Flint, New Yofl[, NoW York ~lleuliv~ly ~fe~d to as "~wner"), and GOLLIER COUNt', ~ political subdlvislu~ nf the S~le ct Florida, I~ sum[:e~som and assi~lH[~ [herinafter mfo~ed tn as "Purchaser"); WHEREAS, put.assr ~ecp~i~s a fee estate i~ that land described in ExhlDit "A" (hereinafter ~ferrod to as the "Prope~"), which is afire:had hereto and made a pa~ of this Ag~ement; and WHEreAS, Owner d~si~s to convoy ltl~ Pmpe~ to purr:baser for the purpo~, on the terms and ~onditions set fo~h hi,rail1; and WHE~A~, purchaser hm~ agreed to comp~nsnte Owner for convuy~nce of the P~pe~: and WH~REA~, ~urchaser shell =:[3~st~ Improver~.~ntn to Immokaleo ~j[~[-I within the existi~Q fiohl,-[~r-way for Immo~too Hoed and within th~ p~=pe~; a~d WHEREAS, Purchc~ar has agreed to c~rnpensate ~ner Sot th~ ~ost tO Own~r'n existing entrance [q~pmximately 200 feet tc~ [l~e east of Its curr~nt location, that th~ n~w entrance may hn ~ed by the propu~od median opening on Immnkalee Road, t¢) b~ ~nstructed in ~rd~noe with the ro~dw[~Y plans a~ached hcrn[[3, and made ~ p~ hereof as Exhibit "B;" ~nd ~n.but';lin~ modifications to Own~'~ntarnal nu~e~ drain~[]~ system. Internal road and r~rm ~ad circulation system, parking areas, plant growi~R areas, peMmet~r secufl~ system, ~l~cl ~ignage, all of w~lch h[:[~ume necessa~ in order b3 .void negative impels to the num¢3~y business operating or~ Owner's. prope~, and which ~re r~qu[red as a ~sutt of the reluuaLion ~f the existing entranco ~u U3at it will align prope~y wit~ prnposed media~ opening; and WHFREAS, Owner desire~ Sot PtJr~haser to maintain vohiuular ingress and eg~as, to ~nd [{urn Owners remaining Iai}dh at all times during constru~Uun nt the Imp~vem>:~d~ to Immo~lee Road; and WH~EEA~, U~e ~onstructlon of the n~w ~nt~nce and internal accoss r~:,~d by Owner will r~quir~ the ~onst~ctlon of a potion o~ th~ relocated driveway within butl~ existing and tho p~upn~d rights-of-waY so thRt v[:hiuular ing~ss and egre~, t('~ ~m ~ne¢s ~mainin~ land~ i~ maintained aS all times, both during and uunstr[J~ion of the impmvemcnt~ lu Immokalee Road, NOW THEREFORE, in conalde~tion ur th~a p~mises, the sum nt T~ Dollars ($10.00), and u[13~r good and valuable ~nnsid~ration, the receipt arid ~ ~ffimen~y which Is hereby mu[Ually acknowledged, iS is ~g~ed by and baleen th~ i~[~ti~ as fo IIows: 1. The abovo ro~i[[~iR ~ ~e and co.eot and ~r(~ .~ade a pa~ of this 2. Owner shall ~n~y thn Pmpe~ to Purchaser ~ur She ~um of $396,220.00 (l"hree Hundred Ninety Six Ti~uusand, Two I tundred and Tw~nly Doltam, and NO c~nts) payable by Cou~ WBrrant (e;;~id t~nsa~lo~ hereinafter ~lermd the "Closin0"). Said payment shall b~ lull nompen~ation for th~ Pr~A N0. JUN I 0 2003 Pg. Purchas~ Agreement COH~N&GNIGW&¥ ~L). 1~8 ~. pnge 2 conveyod, including ell ln~dscaplng, t[e~-=s, shrubs, impr~3vementa, unfl fixtures located th~'..rc~-on, and for any damageB ~ulting to ~noKt) remaining ia~ds, and for all o~r damages, inoltJding busin(=~s damage=, in oonneotioT~ wffh ~nveyan~ ur ~aid p~pe~y to Pumhas~m, inoluding alt atb3meys' fees, w~ess fees ;Jrtd costs as pfnvidad for In Ch~p~r 73, Elorid~ StatUes. Se~id ~mpensaflon inoludes ~nds ko ~ver afl of (3wne~s costs ultfl expenses ~laked to: (a) i~stalla~un of undergmt~nd pipe where the inte~al fam~ mad is p~sently io~t~; (bi Ins~llatinn ~ d~tnao[~ inlets and piped eonnec~nu ba~n inlets and u~da~mund plp~ [ur ~e pu~o~e of d~i~lng a~r~ter and i~gafion mn- off from C)wne~s agriculLuml g~Wlng ames; (c) bac~ll ~td re~nst~c[ion of the inte~ai farm road over tho uncla~rou~d pipc~; (d) construu[ion of a ~ew e~rance mud though the exit;ting agrlcultu~e~l growing areas baleen the n~w inntaltatlon ut n~w perl~eter [~n~ing, along with auto~atlc ~ato ~nd security .. . · · to tho oxi~ting irrigation ny~Lem as requi~H within the ~gricul[u~ g~w-~u .... a~d at thc.~ ~ew ent~n~ on Immokalee ~u~d, ~nd Lh~ relocation of pi~. trees, si~r~uD~ and lighting aL Owners disc~tinn. ~aid fi311 ~ompensation ~lnn includes fM~d~ Lo cover all of Own~['s costs and ~xl3ense6 inuuFr~d for profe~siunal ~e~icee ml~t~d to the abuvc, r~eren~ed ' but nnl limited ~o, amhiLecturat, su~eY anu eng~neenng expenses includin~ fees for design, p~rmiffing, supervision and pu~haser shult permit a driveway ~;~nne~ion on immnkalee ~oad for ~located ent~r~, ~pp~ximately 2~[] rust to the east ut iLn ~u~nt location, ~hall COnSt~l~ thc3 tull median oper~i~O on Immokalee ~oad, in acco~ance with Lhe roadway pla~s Rff~hed hereto, end made a pa~ hereof ~ Exhibit "B." Th~ pa~es acknowledge Lh~t after constructin~ uf tl3e median op~ning, it may be bsmbays in the ~crc:i~ of ~s police p~wer ~nd based on safoLy or · -- - he County ~gr~n to provide docu[~nt~d info.etlon, sttJHit~u and ~.~uu5, _T ...... ;~ ..r ~,,~h actions, and th~ Cuun~ ag~es ~ uunsider p~Ul>nn~o plans Tor ~s~y ~. ~* reasor~blR ~ltematives. T~ls pn)vision shall su~ive ulosing and is not deem=d satisfied hV uunveyance of tEle. ~. Purchaser ~h~ll mnin~in vehicular Ingr~=u ~nd ~grass, to and '[ro~ ~wner's remaining lands [~[ =~ll times during constn~cliu- of the Imp~vemer]t~ lmmokalee ~. Prior to Closing, Owner ~t~11 ~ht~in f~m the holders of nrW li~ns, exceptions 'ohs encumhr=rir~u [l~e Prope~, Includin~ u~y t~nnnts and/or ~nd/or qUallfiCatl * execution of such businesses operating upor~ U,e I3mPe~, the whi[:h will F~move oF ~lease such ertuumb~noas f~m the ~rope~y upon [h~ir ~rdir~J in the public records of Gollior Cuunty, P'larida. Owner shell p~vide such Instrumu~, properly executed, to Purchr~(-=r On or before the date Closing, {~. Both Owner and Pumha=er ~gr~a ~at time is of the es~nn~=e ir~ rega~ to the closing, and that therefnm Mlusing s~all occur within =ix[y (Ri}) days from the d~t~ nf execution of ~ls Agmr=mant by ~e pum~ase~ p~vid~d, I~owever, that Puruhaser shall have the unilaL~mi right to e~end the te~ of this AO~am pt~nding re=eipt of such lnstrumun[5, property executed, whloh nithc3r remOVe or misuse any and ali such liens. ==n.umbrances or qualificaUuns PumhaseF~ [=rfiuyment of the Pmpe~. AL ~.~lnsing, Purchaser shall dotivo~ tl~,. CounW Wu=rant ~ T~e Plateau Co., Inc. c~nd ('~ner shall deliver thc= conveyance lnst~m~rtL to Pumhaser in a fo~ aoc~ptr]bl[e to Pumhaser. 7. Conveyance of the ~pe~y by Owner i6 contingent upor~ r~o nther provisions, ~r3diLiuns, or p~mlses other U~=n those so 6~ted he.in; arid th~ wdffen A~rnnment, including all exhibi[~ c4[~had he.to, shell con~titutc~ [1~ G~ir~ ~]~am~nt and undemanding nf th~ parUes, and the~ a~ r~o other prior AGEND~TE~ JUN I 0 2003 Pg, ~.n'~ ~y.MA~; 22, 2003 IO'OOAM · MP,~, '~1. ~gg'J 7- COH E N &~ R i ~ $ B y]oooooooo; ,,.,. ~/ NO. 1058 Pego 3 P, 4 purcb~e Agreemen! cntempnmneo~s wr~r~ot or oral ~reement~, uade~n~, promises, wa~. er ~ve~S~ ~ontai~ed "ff8~ ~ ~u~ase mp~sonted ~Y ~ls . --~ ,,ndem~nds ~at me 7 ..... , bu me Boa~ of Commies~em of ~:natu th~ Pum~ ~emon- on any of 1he p~pe~ to be sotd t~ the g. Owner hae no knowledge of a ly spill of envimnm~n~l law pmpe~ ~guous ~ er_~ the vlci~Y, ar ~n~ environment ~? purchaser. ~ne¢ has not m~ived no~e and othe~e ha. ~ ~ledge of a) any spin ~- "J~_ .. ~ a~v Jswsu~, p,u~%~--:~ .... ~n~ 8ubsmn~s on against t~e yrope~ ~'-~e~t, s~l or tm~er o, .. ....... sa~sfled by geflemUon, ~ge, p ...... su~We Closing and Is not deeme~ Prope~, This p~ion shall ~nveyance of title, 10- ~nor shall indemnify, defer, save and hoifl harmtese ~e pumhaser against a~d m reimburse the purchaser w~ r~pe~ to, anY and ~11 damage, and ~m, . ....... sis and ~pep ~ ..... ~.,her in ~u~, o~ · amle al an~ atte~ Y ~e ~sdtngs or o~ ~Pe~?,_[~'~ut ~n~ Jnc~.P[g~'~.~Mon under semuu - ...... ~e brea~ ot ~nu~ ,-~--- ~nveyance of su~e Closing and b not daeme~ ~a~sfl~ by ins~ment a, All o~er oosts ~ssoc~ated with thru ~1. ~e put.sar sha~ P~Y for att cos~ of reco~ing the convw~ce tl~er Count, Fbdd ..... ~, ~ and inta~i~ie ~e public E~orda of ~ not limited ~o ~ns]~, ~--me~b~ borne and and reco~lng ~s~ for any ~umtNe In~t~men~ shall n~ssa~ ~ convey a ~ar and ~Ie ~m~l[man[ ~ha~l be paid by pumh~er- 12. ~W Agreement and ~e te~s and pmvlslo~s hereof shall be after,Ye as oi the da~ ~is ~ent i~ cxocutod ~Y bo~ pa~ and shaJl inure to the benafi~ of ~nd be binding upon me pe~ hereto end ~eir respe~e heir, exe~um, p=~n~ tepmse~s[~es, su~essors, su~or tru;~S, and/or whenev~ [h~ con~ ~o requires or of a aAn~hiP, limited s · Pmpe~ in the fo~ P whe~oever ~r others, 13. Ir me Own~ hol~ ~ ~_ ~ ~f mo~sen~flve ~POCl~. ~..~r 286, FlOfldO ~'" ~shat[ ~ake a wfl~e~ pu~,o om~ ..... a ~ere~n ~ving a ~ ts St~qLea, und~ os~, of ~e name and address of ~ nd ass~ns (If the co~om~on benefi~t in~r~ In ~e pmpe~ before the PropeffY hel~ in such im c~m a ' ' r ~stered ed ~ Pur~aaer, su n · Core.salon o ~ ~nvey . · ...... ~ -~e~fl~ E~ g ..... ~- ~o ~e genera pum~nt ~ Chapter 517, Plorlaa p~bli~ It ts hereby ~empt from t~e pmv~ions of C~aptlr ~6, 14 ~ Agreement Is governed end ~nstmed ~ a~co~ance wi~ ~e laws oi the the pa~ her~o have ~ecuted t~s Ag~eme~ AG EN~A,i.~'EI~I3 ,r~er II~P~I") ~ JUN 1 0 2003 ~.t ~y.MA~Y;22. 2003 10'00AM COHENiGRIGSBY)°°°°°°°°; pumhase Agreernen! ~,,:, NO. 1058 page 4, AS TO p1JRO~EI~:_ ~ DATF. D:~ ATTEST; DW1GHT !~. BROCK, Clerk , Deputy Clark BOARD OF COUNTY COMMISSIONERS COLLIF..P, C,,,OUNTY, FLOP,1OA T~OM HENNING, Chairm8,1 TREE PLATEAU CO., INC., a Delaware company N--~m~ (P~nt or Type) THE PELICAN NUR.$ERY CO., INC,, a Delaware company Approved as ~ form and legal SUffi~eT~cy;, ~ ks~IstLnt ~unty A~rney AGENI;)A JUN 10 2003 Description: : A portion of the Northwest one-quarter of Section 2§, Township 45 South, Range 26 East, Collier County, Florida, being more particularly described os follows: Commence at the North Quarter Corner of said Section 26; thence South 02'16'52" East, along the 1/4 line of Said Section 26, for o distance of 100.08 feet, to o point on the Southerly Right-of-Way line of State Rood ~846 (Immokolee Road); thence North 89'58'08" West, along the Said Right-of-Way line, for a distance of 532.29 feet, to the POINT OF BEGINNING of the herein described parcel; thence South 02'27'24" East, for a distance of 44.19 feet; thence North 88'53'45 West, for o distance of 812.26 feet; thence South 00'01'44" West, for o distance of 15.00 feet; thence North 89'58'06" West, for a distance of 89.97 feet; thence Nor. th 00'01'54" East, for o distance of 5.94 feet; thence North 89'58'06" West, for o distance of 301.91 feet;. thence North 00'01'44" East, for o distance of 15.00 feet; thence South 89'58'06" East, for o distance of 138.58 feet; thence North 84'50'23" East, for o distance of 276.24 feet; thence South 89'58'06" East, for a distance of 788.38 feet, to the POINT OF BEGINNING; Containing .890 acres, more or less, Notes: 1. This is not o survey. 2. Basis of bearing is state plane coordinates, Florida East Zone. 3. Subject to easements, reservctions and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of o Florida registered Surveyor and Mopper. JUN I 0 2003 Oct 26, 200~' - 14:27'51 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH AND DESCRIPTION IH- I0 Z LINE OF ~,_~CTION 26 1157. I~. 7G4)~. -- (~ z l z JUN ! O 2~3 EXECUTIVE SUMMARY APPROVE SELECTION COMMITTEE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR RFP 03-3480 "FIXED TERM PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES" (ESTIMATED DOLLAR AMOUNT OF CONTRACT NOT TO EXCEED $500,000 ANNUALLY PER FIRM) OBJECTIVE: To obtain Board approval of Committee's ranking of firms for professional environmental consulting services, and authorization to begin contract negotiations for subsequent Board approval. CONSIDERATIONS: For the next five years and beyond, Collier County will be planning, designing and building a very aggressive program of an increased and improved roadway system. The County will require the services of planners, engineers, environmentalists and technicians in connection with the many facets of this program. In order to obtain the highest quality of expertise and experience on a continuing basis, it was determined that it would be most cost effective and efficient to have professional envirOnmental consulting firms on contract to assist the County by reviewing and commenting on our projects from an environmental compliance perspective. Representative services would include wetland delineation, wetland quality, mitigation, threatened and endangered species surveys, as well as other requirements that would be necessary for obtaining permits from the South Florida Water Management District and~or the U.S. Army Corps of Engineers. A Request for Proposal (RFP) was issued for the purpose of establishing a contract with firms capable of providing these services to the County. Although it is anticipated that the Transportation Engineering and Construction Management Department (TECMD) will be the primary user of this contract, the services will be available to all County departments. The RFP was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on February 11, 2003. Notices were sent to 172 firms and responses were received from 10 firms by the due date of March 14, 2003. A Selection Committee meeting was held on May 27, 2003, and after review, scoring and discussion of the proposals, by consensus of the members, the firms selected for the short list are as listed below (in no order). The number of firms selected is three, providing a diversity of size, experience, and abilities. With Board approval, negotiations will commence with all top ranked firms. 1. Johnson Engineering, Inc. 2. Passarella and Associates, Inc. 3. Scheda Ecological Associates, Inc. FISCAL IMPACT: There is no fiscal impact associated with the ranking of these firms. JUN 1 0 2.0'~] ! GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the ranking of these firms. RECOMMENDATION: That the Board of County Commissioners approve the Committee's selection of firms and authorize staff to begin contract negotiations with the top three ranked firms. SUBMITTED BY: REVIEWED BY: Dale A. Bathon, P.E., Principal Project Manager, TECMD ~/~, ~~ Date: Gregg R. Strakaluse, P.E., Director, TECMD APPROVED BY: APPROVED BY: Sieph~n Y. camell, Purchasing/General Se~ices Director No.an E. Feder, ~ICP, Transportation Division Administrator AGr-f, r',' 'TEM EXECUTIVE SUMMARY REQUEST BOARD APPROVAL OF TWO LOCAL AGENCY PROGRAM (LAP) AGREEMENTS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND THE REQUISITE RESOLUTIONS, AND APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $420,000 TO PROVIDE ADDITIONAL FUNDS FOR THE DAVIS BOULEVARD (S.R. 84)/COLLIER BOULEVARD (C.R.951) INTERSECTION IMPROVEMENT PROJECT. OBJECTIVE: To gain Board approval for Collier County to enter into two LAP agreements with the FDOT and approve a budget amendment for the construction of the Davis Boulevard/Collier Boulevard Intersection Improvement Project. CONSIDERATIONS: A LAP Agreement provides for the FDOT to participate with certified agencies to implement an integrated and balanced transportation system. What this basically means is that a certified agency, such as Collier County, may request reimbursement from the FDOT of funds expended for certain types of projects. On March 11, 2003, the Board authorized staff to negotiate an agreement with the FDOT for advancement of construction funds for this improvements project (Agenda Item 10 J). FDOT has prepared two LAP agreements in the total amount of $1,080,000 herein submitted for approval. After completion of the design phase of the project, the engineer estimated $1.3 million for the construction phase. This amount includes additional money for drainage improvements and paving. We also need an estimated amount of $200,000 for construction engineering inspection. As a result, additional funding in a total amount of $420,000 is required for the proposed intersection improvements. ¢TYFISCAL IMPACT: A Budget Amendment is needed to transfer funds in the amount of $420,000 from W the Transportation Supported Gas Tax Reserve Fund. GROWTH MANAGEMENT IMPACT: Accelerating this project will assist in relieving the interim development controls placed on this roadway segment by the Board to assure consistency with the Growth Management Plan. RECOMMENDATION: That the Board: Improvements Project; 2. Approve the requisite County Resolutions; and 3. Approve the necessary Budget Amendment. ~-~ ~ Ed~On Operations Director APPROVED BY: /" Z~~ ~j~5 Nora/mn E. Feder, AICP, Transportation Administrator Attachments: Enter into two LAP Agreements with the FDOT for the Davis BoulevarclYC.R. 951 Intersection b-DOT LAP Agr~ments (3 originals) Resolutions LOCAL State of Florida Department of Transportation AGENCY PROGRAM AGREEMENT 52~010-40 CONSTRUCTION OGC - 12/02 Page ! of 12 FPN No414874-1-58-01 Federal No:0581 007 P FPN No Federal No: Fund: XU Org. Code: 55014010106 Fund: Org. Code: FLAIR Approp: FLAIR Obj.: FLAIR Approp: FLAIR Obj.: County No. O3 Contract No: Vendor No.: E.,=,gR0005R81 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THiS AGREEMENT, made and entered into this day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and ¢.nlli~.r Cnunfv: 2671 Airnnr, Rn~d: N~nl~._~ Flnrid~ 34112 hereinafter called the Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transpodation system and is authorized under Section 334.044, Florida Statutes toenter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in ~nterim Intersection ImDrovemen and as further described in Exhibit "A" attached hepeto and by this reference, made a pa.,1 ,,er,.ma,,,.r ...... the ~ nereof, h o' ¢,,, ,.ot~,~ project, and to provide departmental financial assistance to the Aqency and state the term, s and conditions upon which such assistance will be provided and the understandings as to the manner in which the project wilt be undertaken and comp!eted. 1.01 Modifications and Additions: Exhibit(s) A and B are attached hereto and by this reference made a part, hereof. 2.00 Accomplishment of the Project: 2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines. manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 06/28/2005 If the Agency does not comple+e the project within this time period, this Agreement will expire on the last day of schedule~l completion as provided in this paragraph unless an extension of the time pedod is requested by the Agency and granted in writing by the Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of the Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to .~undertake the project hereunder, otto observe, assume or carry out any of the provisions of the ¢ill initiate and consummate, as provided by law, all actions necessary with respect to any such 2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedi~ Federal-aid requirements, to enable the Agency to provide the necessary funds for completion ol ~lreement~ the.A.,qency :he prj~t. 1 0 2003 Pg. ~ 525-010-40 CONSTRUCTION CCC- 1~/02 Page 2 of 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway 3.00 Project Cost: 3.01 Total Cost: The estimated total cost of the project is $ 890,000.00 This amount is based upon the schedule of funding in Exhibit "B" attached hereto and by this reference made a part he'reof. The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00 of this agreement. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation wilt be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; d) Department approval of the project scope and budget at the time appropriation authority becomes avaiJable. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in muJtiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See ,~,mbu ~ ~, L ...... S~ ,,s~nl year funds are" ' eligible for ,-xh~b~t B f~r funding leve!s by fiscal year. Project costs utilizing +~o ~ ~' ~ if incurred prior to funds approval being received. The Dep~rtment will ncti~ the Agency, in writing, when funds are available. 3.05 Multi-Year Commitment: !n the event this,Ag~ee~,, ,,,~,,, is ,,,;,~ ,~xc~ss~ ~ cf,~,~,~,~,~'~ nr, n and has a ~e ..... ~, a ~,~,,..~,~ of ,,,o,e than one year, the provisions of Section 339.1 35(6)(a), Florida Statutes, are hereby incorporated: "The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract o¥=,o~,,e for ~x .... d,tu ........ which, by its terms, involves the ~ .nan r~, of money, in excess '-~ *~-o amounts ~,~,~~'"'~"'~*"'~ as " expenditure during such fiscal year. Any contraot, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entedng into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods e.xceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed from the Department. 3.07' Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable federal and state law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost. (23 CFR 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately suppo shall notify the Agency in wdting citing the reasons why items and amounts are not eligible for Fe VVhere correctable non-compliance with provisions of law or FHWA requirements exists, federal f until compliance is obtained. Where non-compliance is not correctable, FHWA or the Departmen in parcel or project costs in part or in total. 525-010-40 CONSTRUCTION OGC - 122O2 Page 3 of 12 For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of wdtten notice. 4.00 Project Estimate and Disbursement Schedule: Pdor to the execution of this Agreement, a project schedule of funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual wdtten agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-Aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements established in Exhibit "B" of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five(5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the project records, together with supporting documents and records, of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs, if any litigation, claim, or audit is started before the expiration of the five(5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required approval of the Depad. ment shall not be considered eligible costs. 5.03 Documentation of Project Costs: Alt costs charged to the project, including any approved services contributed by ........ , ~,, uayro,,s, time records, nvoices, con,r,~c~ or vouchers the Agency or ~,h,~ sh¢~ be supported by properly executed" " .... evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria: Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency. In the event that a recipient expends $300,000 or more in federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular A-133. If a recipient expends less than $300,000 in federal awards during its fiscal year, an audit conducted in accordance with the OMB Circular A-133 is not required, if a recipient expends less than $300,000 in federal awards during its fiscal year and elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from non-federal funds. Reporting Packages and management letters generated from audits conducted in accordance A-133 shall be submitted to the awarding FDOT office, by tile recipient, within 30 days of rece items are to be received by the appropriate FDOT office no later than 9 months after the end 525-010-40 CONSTRUCTION C',GC. 12/02 Page 4 of 12 The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of pdor ye, audit findings, including corrective action and current status of the audit finding is required. Current year audit findings require corrective action and status of finding. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and the Office of the Auditor General. The recipient shall submit required audit documentation as follows: A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A-133 shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of the Federal H!~h'..,.~y Administration to inspect all work. workmanship, materials, payroiis, records and to audit the books, records and acco,.;"':s ?e~aining to the financing and development of the proiect. The Department reserves the right to unilaterally can_~.e~ ?!s Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access t-, ~. documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made o;-~-e_~eived in conjunction with this Agreement. (Section 287.058(1)(c), Florida Statutes) 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of way, the Agency must submit to the Deva, .,,u,,~~,, ................ ~.,u~ ~ ~,,..,~,. u~ its real ~., ~.~rtynr'-,n¢ acquisition a,*'~ ............ r~ ,~,-.~t~,, assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the formatp, e~.~,,~.~ ........ ;,,n,.="~ CFR 24, Appendix B and be submitted to the Deoartment, no later than October 15 each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (Section 287.058(1)(a), Florida Statutes) All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 Flodda Statutes and Chapter 3-Travel of the Department's Disbursement Operations Manual, Topic 350-030-400. (Section 287.058(1)(b), Florida Statutes) If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for wr any agreement which it has with the Agency owing such amount if, upon demand, payment oft ]e a~~.~e within sixty (60) days to the Department. Offsetting any amount pursuant to this section shall n of contract by the Department. JUN 1 0 2003 525-010-40 CONSTRUCTION OGC - 1 Page 5 of 12 7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in wdting not to make a payment if: 7,01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, this Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the A,qreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in ~ieu of the r~ Jw, may designate as ineligibie for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all project costs incurred --- by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration 3f the Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project, invoices submitted after the one hundred twenty (120) day time pedod may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Depar-tment may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency witiq a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. Suspension of the contract will not affect the time period for completion of this Agreement. If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as t the effective date of termination or specify the stage of work at which this Agreement is terminated. If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may ~ include any or all of the following: (a) necessary action to terminate or suspend, as the case rr ay be. DroiP. r.t R~tivifi~ .:ontracts and such other action as may be required or desirable to keep to the minimum the c( sts the financing is to be computed; (b) furnish a statement of the project activities and contracts, cost of which are otherwise includable as project costs. The termination or suspension shall b, carrie~ ,o~t inllcg~r~mity with the latest schedule, plan, and costs approved by the Department or upon the basis of tern ; andJ~dh'tlit~o'~uu'~ Pg. 525-0', 0-40 CONSTRUCTION OGC. 12,'02 Page 6 of 12 imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonat' time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which b, Department may otherwise have arising out of th is Agreement. 9.00 Contracts of the Agency: 9.01 Third Party Agreements: Except as otherwise authorized in wdting by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R. Part 26, as amended, shal! have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state regulations apply to !0.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in appiicable federal and state regulations, have the opportunity to participate in the performance of contracts and this A~reeme~t. tn +~;s~,,. regard, _.~il recipients and contractors shal! +~k,~,~, v ail negessa.w ~,,~'~'~ ,~.~n~.~,~r~'~ ~,.~,~ steps in agcorda~e with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the oppor'tuni~y to compete for and perform Contracts. The Agency shall not discriminate on the basis of race= color, national origin or sex in the award and p'~rCnrm~nr'~ of Department assistedcon,ra+ ,'~ .... 10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FH'¢,CA Funding is a part of this project, the Agency must comply with applicable federal and state regulations. "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings s~ Coverage sections of rules implementing Executive Order 12549. Contact the Department for; copy of those regulations. 11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all federal-aid contracts - 49 CFR 29) By signing and submitting this Agreement, the Agency is providing the certification set out below: The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in this covered transactkm. The Agency shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the Department's determination whether to enter into this transaction. However, failure of the Agency to furnish a certification or an explanPtion shall disqualify the Agency from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the Department determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous certification, in addition to other remedies available, the Department may terminate this transaction for cause of default. The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered "debarred," "suspended," ineligible," "lower tier covered transaction," "participant," "person," primary covered transaction," : out i~ql~N~.q,'~il,~an~ ssil~iilt~.n ce in JUN I 0 003 Pg. 525-010-40 CONSTRUCTION OGC. 12./02 Page 7 of 12 The Agency further agrees by executing this Agreement that it shall not knowingly enter into any contracts with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department. The Agency further agrees by submitting this Agreement that it wilt include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the Department, without modification, in all contracts and in all solicitations for contracts. The Agency may rely upon a certification of a prospective sub-contractor that the person or entity is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Agency may decide the method and frequency by which it determines the eligibility of its sub-contractors. The Agency may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Agency is not required to exceed that which is normally processed by a prudent person in the ordinary course of business dealings. Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available, the Department may terminate this agreement for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion: The Agency certifies, by execution of tills Agreement, that neither it nor its principals is presently debarred, suspended proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the Agency is unable to certify to any of the statements above, an explanation shall be attached to this proposal. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the performance of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision in all contracts modified only to show the particular contractual relatidnship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder, The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R., Part 21, and related statutes and regulations. ' I ' 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requ! iecy~pOp?~ the ADA, the regulations of the federal government issued thereunder, and assurance by the Age JU N 10 pg. 525010-40 CONSTRUCTION OGC- 12/C2 Page 8 of ' 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TVVO for a pedod of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134 Flodda Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, maintained by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer, or employee of the Agency or the locality dudng his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired any such interest prior to the beginning of his tenure, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in this subsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency or the iocaiity relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to "No member, officer or employee of the Agency or of the locality during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.07 Interest of Members of or Delegate to, Congress: No '~,~'~'~:'- '-¢ or '~ .... *'~ ................ ~,,,. to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be soleiy responsible for compliance with ail applicable environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for secudng any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it h: agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its appli, hereunder. JUN 10 2003 rI 525-010-40 CONSTRUCTION OGC - 1Z/02 Page 13,06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law, provided, that if any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13,07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the performance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this paragraph for any claim, loss damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Department or any of its officers, agents or employees during the performance of the Agreement. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes, or any similar provision of law. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System. the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department wi!l review al! plans and specifications and will issue to the Agency wri~en apprcval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the ,Agency written approval regarding the remainder of the project. Failure to obtain this written approval shall be su~cient cause for nonpayment by the Department. 13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right of way is required. 13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency, and that the project is accepted by the Agency as suitable for the intended purpose. 13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13,12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.13 Restrictions on Lobbying: Federal: The Agency agrees that no federally appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a member of Congress an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, ! ]e .en~--~{~l~Ol~.~l~Y cooperative agreement, and the extension, continuation, renewal, amendment or modification of a ly ~l.eral~c.~a[,~. .qrant, loan, or cooperative a.qreement. -- JUN 1 0 7.003 .g 10 525-010-40 CONSTRUCTION OGC - 1Z;,~2 Page 10 of 12 If any funds other than federally appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System, constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency i~) will O will not maintain the improvements made for their useful life. 13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order, or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Florida Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after rece!~t of the invoice and receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount to the Agency. Inte;est penalties of less than one $1 will not be enforced unless the An~n~v mq~e~ts p~ym~nf Invoices whinh h~¢~ ~n DC r¢,,~¢,~=a ~ ¢n AgeRcy N=~o,,c= n¢ A~ ........p,~Fa,a*;~- .......... = ....... s result in a delay in the payment. The invoice payme2: :equirements do not stad until a p¢operly completed invoice provided to the Depadment. A Vendor Ombudsman has been established wit;qin tnt F',o..'iCa Department of Financial Services. The duties of this individual include acting as an advocate for Agencies v,'ho m2y be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman m~y De :ontacted at (850)410-9724 or by calling the State Comptroller's Hotline at 1-800-848-3792. IN WITNESS WHEREOF, the parties ha,,,~,v caused these .~.. w~,"-o~'~n*s, to be executed the day and year first above wri~en. AGENCY '2, , r', , _~T~"T'- O=, FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Title: BoCC Chairman or Desginee Title: Director of Production Attest: Title: Clerk Attest: ' Title: Executive Secretary As to form: Attorney ,/~. As to form: District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. JUN 1 0 2003 FPN NO 414874-1 525-010-40 CONSTRUC'f~ON OGC - 12./02 Page 11 of 12 EXHIBIT A Project Description and Responsibilities This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of Transportation and Collier County Dated PROJECT LOCATION: Davis Boulevard (SR 84) and Collier Boulevard (CR 951). The project O is ~ is not on the National Highway System. ~'"~ project ~, is O is "~* ~ o,~, ,,: ........ PROJECT DESCRIPTION: intersection improvements on Davis Boulevard including an eastbound left turn onto Joyrose Place and an eastbound right turn lane onto southbound Collier Boulevard and a traffic separator restricting left turn movement. Intersection improvements on Colfier Boulevard include an additional southbound right turn lane from Collier Boulevard to Davis Boulevard and a northbound left turn lane and also extending the existing northbound left turn lane from Collier Boulevard to Davis Boulevard. SPECIAL CONSIDERATION BY AGENCY: See Attachment Page 1. SPECIAL CONSIDERATION BY DEPARTMENT: The Department shall reimburse the Agency, subject to funds availability, in the year programmed :urrently FY 03/04). AG E N ~/~2:~ F--,I~ ! JUN 1 0 2003 12-- Special Consideration by Agency: Ail work to be conducted within Department Right-of-Way shall adhere to the following: (1) The FDOT standard specification for road and bridge construction, 2001 edition as amended, and (2) The FDOT roadway and traffic design standard, 2001 edition as amended, and (3) For all projects the following will apply: a) Section 287.055, F.S. "Consultants Competitive Negotiation Act" b) FDOT 'Project Development and Environmental Manual,' where applicable c) The Local Agency Program Manual The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion of the project, the Department will have forty-five (45) days after receipt of the Agency's invoice to review, inspect and approve the project for payment. 525-010-40 ATTAr.,;HMENT PAGE I The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 03/04). JUN I O 2003 525-010-40 CONSTRUCTION OGC · 12/02 Page 12 of 12 AGENCY NAME & BILLING ADDRESS Collier County 2761 Airport Road Naples, Florida 34112 LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT SCHEDULE OF FUNDING FPN NO. 414874-1 PROJECT DESCRIPTION Intersection Improvements on Davis and Collier Boulevard Termini Adding turn lanes and a traffic separator Length Approximately.395 m Right-of-Way Construct[on TYPE OF WORK by Fiscal Year 2002-2003 2003-2004 2004-2305 TotalPE 2302-2003 2003-2004 2004-2005 20C2-23G3 23C3-2054 2004-2005 2C05-2235 Tota;Contraot Costs 2002-2003 2OO3-2OO4 2000-2005 Total Construction E~lneerl~G To[a]Constructlon Cost ESTIMA'F~D TOTAL COST OF THE PROJECT TOTAL ~.OJECT FUN~S $0 00 SO 00 $0 S8~000000 ~ SO 0O i 0,30 00 ~ S890,000.00I FUNDING f2) AGENCY FUNDS SO O0 $3 O0 $0 O0 S0 00 (3) STATE & FEDERAL FUNDS S0 00 $0.00 SO O0 S~gC C33 CO S890 GOO 00 $C, 00 S0 03 $000 I $0.00 $890,000.00 The Department*s fiscal year begins on July 1. For this project, funds are not projected to be available until after The Department will notify the Agency, in writing, when funds are available. July 1st each fiscal year. N o .A G ¥ ~i~D~-,,~ T E~/ JUN 1 0 2003 RESOLUTION NO. 2003- A RESOLUTION AUTHORIZING EXECUTION OF A STATE OF FLORIDA DEPARTM. ENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT FOR TIdE RESURFACING OF DAVIS BOL'LEVARD NEAR TH:E COLLIER BOL1.EVARD LNTERSECTION; PROVDLNG AN EFFECTIVE DATE. WHEREAS. the Collier CounD Board of County Commissioners (Board) wishes to improve traffic flow at Davis Boulevard and Collier Boulevard intersection; and WHEREAS, the State of Florida Department of Transportation (FDOT) has been grantgd the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 334.044. Flop. da Statutes. to enter into a Local Agency Program (LAP) A~eement with certified agencies. Collier Count.~ is a certified agency. WHEREAS. the purpose of the LAP Agreement is to provide for the FDOT's partic;pation in Collier CounD's "Resurfacing" pomon of the intersection ~mprovements project, further described in Exhibit .4.. WHEREAS, the Board :~cbe~es such an Agreement to be in the best interest of the citizens of Collier Co,~ntx NOW. THEREFORE. b~ :t rcs&xed Dx zlte Board that: SECTION ()NE: The B,~:3 doc~. 5er:b¥ authorize ~ts Chairman to execute an FDOT LAP .4.~reement :'er :heir part:c?anon in the -"Resurl'acing" portion of the intersection ~mprovements pro!oct und compieta tine p~o. iect ,m or before June 28. 2005. SECTION T\VO: Thus Re~,oiuuon :hail take eIfect immediatel.x upon its passage. This Resolution adopted after momm. second and majority vote faxor:ng same this __ da> of . 20(i3. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLOR[DA By: By: Deputy Clerk TOM HENNLNG, Chairman Approved as to form and legal st[fficiency:_ Heidi F. Ashton Assistant County Attorney 2003 I RESOLUTION NO. 2003- 2 3 A RESOLUTION AUTHORIZING EXECUTION OF .-X STATE OF 4 FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL .z~ AGENCY PROGRAM AGREEMENT FOR THE RESURFACE-NO OF DAVIS BOULEVARD NEAR THE COLLIER BOUI..EVARD LNTERSECIION; PROVIDING AN EFFECTIVE DATE. $ 9 WHEREAS, the Collier County Board of County Commissioners (Board) wishes to 10 improve traffic floa at Davis Boulevard and Collier Boulevard intersection; and 11 WHEREAS, the State of Florida Department 6f Transportation (FDOT) has be~n granted 12 the authority to function adequately in all areas of appropriate jurisdiction including the 13 implementation of an integrated and balanced transportation system and is authorized under 14 Section 334.04-4. Florida Statutes, to enter mto a Local Agency Program (LAP) A~eement with 15 certified agencies. Collier County ts a certified agenc). 16 WHEREAS. the purpose of the LAP Agreement is to provide for the FDOT's 17 partic:pauon m Coilier Counb's "Resurfamng" portion of the intersectmn improvements project, 18 further described in Exhibit A. I9 \VHEREAS. tile Board beliexes such an Agreement to be in the best interest of the 20 citizens of Co;J~er Count5. 21 LAP 24 improxements project and complete the pro)eot on or before June 28. 2005. 25 SECTION T\\O: F:-~s R,:solution sh,tl take effect ,.mmediatel.x upon its passage. 26 This Resoluuon adopted after mot~on, seconJ and matority vote favoring same this __ 2S 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 NOW. THEREFORE. bo it resolxed by the Board that: SECTION ONE: The Board does i~orebv authorize its Chairman to execute an FDOT .-X,?eernent for their p::rnc:panon ~n ~he "Resurfacing" portion of the intersection da~ ATYES'I: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Bx': Deputy Clerk TOM HENNING, Chairman Approved as to form and legal t,ufficien7 Heidi F. Ashton Assistant Count) Attorney No. JUN 1 0 2 03 Pg. RESOLUTION NO. 2003- A RESOLUTION AUTHORIZING EXECUTION OF A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT FOR TIiE LNTERIM INTERSECTION IMPROVEMENTS AT DAVIS BOULEVARD AND COLLAR BOULEVARD: PROVIDING AN EFFEC'IIVE DATE WHEREAS, the Collier County Board of County Commissioners (Board) wishes to improve traffic flow at the intersection of Davis Boulevard and Collier Boulevard: and WHEREAS, the State of Florida Department of Transportation (FDOT} has been gmnt~d the authority to function adequately in all areas of appropriate .iurisdict~on including the implementation of an integrated and balanced transportation system ant ~s authorized under Section 334.04-4. Florida Statutes, to enter into a Local Agency Program ~ L.-\P~ Agreement with certified agencies. Collier Count,',' is a certified agenc). WHEREAS. the purpose of the LAP Agreement is to provide for the FDOT's participauon m Coilier County's 'qntenm Intersection Improvements" Prolect, further described m Exhibit A WHEREAS. the Board beiiexes such an Ag:-eement to be :n ',~'~c _-'~,t :nterest of the c~tizens of Collier Coum.x. NOW, THEREFORE. be ~t resolved by the Board that: SECTION ONE: T~e Board does hereby authorize ::s c,_'5:.: q'._n :,~ exec,~te an FDOT LAP Agreement !or theu' p~rt~c;pauon in the "Interm~ Inters:'ct~on In,?:'o'.cments*' Project and complete the pr~,_~ect on or befor~ J.~ne 28.20!5. SECTION Tx. VO: This Resolution ~i~ll take e~fect ~mmc&at,: ', u5'~,:' ~ts ?assage. This Resolution adopted after ,motion. second and ma)ont.\ vote ia~ c'~':n: -:me :h~s __ da)' of 2003. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COt_ N'I'~ COMMISSIONERS COLLIER COUNTY. FLORDA B.~: Deputy Clerk TOM HENN1NG. Chairman Appro,..ed as to form and Heidi F. AsMon Assistanl Count)' Attorney JUN 1 0 2-do3 ~g. 1'7 ! ? $ lO II 12 15 17 1S ~0 32 ~3 3~ ~$ 4O 42 RESOLUTION NO. 2003- A RESOLUWION AUTHORiZiNG EXECUTION OF A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT FOR THE INTERIM LNTERSECTION IMPROVEMENTS AT DAVIS BOULEVARD AND COLLIER BOULEVARD: PROVIDING AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners (Board) wishes to improve traffic flog' at the intersection of Davis Boulevard and Collier Boulevard; and WHEREAS, the State of Florida Department of Transportation (FDOT) has been granted the authority to function adequately in all areas of appropriate iurisdiction including the implementanon of an inte~ated ,md balanced transportation system and is authorized under Section 334.044, Florida Statutes, to enter into a Local Agency Program (LAP) A~eement with certified agencies. Collier County is a certified agency. WHEREAS. the purpose of the LAP Agreement is to provide for the FDOT's pm'ticxpation m Collier CounLx's "Inter:m intersection Improvements" Project, further described in Exhibit A. WHEREAS. the Board behoves such an Agreement to be m the best interest of the ciuzens of Collier County NO\v, THEREFORE. be it resalxed by the Board that: SECTION ONE: The Board does inereb? aathorize its Chairman to execute an FDOT LAP .-Xgree:-nent for their participation m ti~e. "Interinn Intersection Improvements" Project and complete the projec: on or before June 25.2',)05. SECTION T\VO: This P.e~c, lunon shall take effect immediately upon ~ts passage. This Resolution adopted 2fret motiom second and majority vote favonng same this __ da3 of .200?. ATTEST: DWIGHT E. BROCK. Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNLNG, Chmrman Approved as to form and legal~u/ff'tciency: ! Assistant County Attorney AGENDA)ITEM No.~ EXECUTIVE SUMMARY APPROVE CONTRACT SUPPLEMENTAL AGREEMENT NO. 4 IN THE AMOUNT OF $830,720 FOR PROFESSIONAL ENGINEERING SERVICES BY WILSONMILLER, INC. FOR THE SANTA BARBARA/LOGAN BOULEVARD FOUR/SIX-LANING FROM DAVIS BOULEVARD TO PINE RIDGE ROAD AND THE FOUR-LANING OF RADIO ROAD FROM SANTA BARBARA BOULEVARD TO EAST OF DAVIS BOULEVARD AT ROBIN HOOD CIRCLE, COLLIER COUNTY PROJECT NO. 62081 OBJECTIVE: To receive Board's approval of the negotiated Supplemental Agreement No. 4 to the contract for Professional Engineering Services by WilsonMiller, Inc. for the Santa Barbara/Logan Boulevard and Radio Road design and permitting project. CONSIDERATION: On September 12, 2000, the Board approved the Professional Services Agreement, Agenda Item (16) (B) (22), with WilsonMiller, Inc. for the Santa Barbara/Logan Boulevard Design and Permitting. The Board of County Commissioners at the April 16, 2003, Santa Barbara/Logan Boulevard Corridor Workshop directed that the Transportation Engineering and Construction Management Department modify the design for the proposed improvements along the Santa Barbara/Logan Boulevard corridor between Davis Boulevard/SR 84 and Pine Ridge Road. The previous amended design scope was to design a six-lane arterial. divided roadway along the Santa Barbara Boulevard and Logan Boulevard corridor beginning at Davis Boulevard/SR 84 and ending just north of Pine Ridge Road/CR 896. This supplemental agreement addresses modifications to the original scope wherein the design now includes a six-lane arterial divided roadway from Davis Boulevarr/SR 84 to Golden Gate Parkway/CR 886; a four-lane divided roadway from Golden Gate Parkway/CR 886 to Green Boulevard, and intersection improvements at the intersection of Pine Ridge Road/CR 896 and Logan Boulevard. There will be no improvements to that portion of Logan Boulevard from Green Boulevard to Pine Ridge Road, with the exception of the intersections. The revised scope also includes the design of signalization systems for the proposed Emergency Medical Services facility, Calusa Park Elementary School, and the intersection of Santa Barbara Boulevard at Hunter Boulevard; additional services with respect to the modification of the right-of-way description/sketches and title reports for the proposed right-of-way takes; topographic survey and utility survey services for the proposed water management ponds and outfalls; preparation of construction plans for the relocation/modifications of the existing water, sanitary sewer, and reclaimed water mains, including the coordination of the proposed north-south interconnect force main. Further, the revised scope will include the improvements of a portion of Radio Road, beginning just east of Santa Barbara Boulevard to west of Davis Boulevard/SR 84. JUN 1 l This design will be for a four-lane divided roadway. This agreement also amends the payment method for post-design services from lump sum to time, material, and equipment. It is anticipated this Supplemental Agreement No. 4 to the design and permitting will be completed no later than October 15, 2004, for a total cost of $830,720. ,,%,FISCAL IMPACT: The total additional amount needed is $830,720 for a total cost of ' $3,735,963. Funds in the mount of $754,270 are budgeted in the Transportation Supported Gas Tax Fund. Funds in the amount of $38,225 are budgeted in the Utility Water System Development Fees Fund and $38,225 is budgeted in the Utility Sewer System Development Fees Fund. Source of Funds are Gas Taxes and Utility System Development Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No. 56 is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve Supplemental Agreement No. 4 to the contract and authorize the Chairman to sign Supplemental Agreement No. 4 to the County Professional Services Agreement. SUBMITTEDBY: (,'C c,~ ~'~( 9,/, c /, ? ~ ' Ewing ' SkiiS'l McMichael, Project Manager REVIEWED BY: . ? ... ,/".. ; ~ ~, .._ DATE: .... Dale A. Bathon, P.E., . DATE: APPROVED BY: G~egg R. Strakaluse, P.E., ' ' Director, Transportation Engineering & Construction Manageme~/D~p~ent ~~~/~ APPROVED BY: Ro~ Anderson, P.E. D/~rector, Public Utilities Engineering Department Stepher~ ¥. C~{nell, N~)rman Feder, Administrator Transportation Services Division JUN 1 0 2003 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Santa Barbara Boulevard PROJECT #: 62081 BID/RFP #: 16 (B) 22 MODIFICATION #: SA No. 4 CONTRACT AMOUNT: ORIGINAL $ 2~228,072 CURRENT $ 3,735,930 CURRENT COMPLETION DATE (S): ORIGINAL: May 17, 2002 CURRENT: October 15~ 2004 Last BCC Approved Amount $ 2~775,575 Date of Last BCC Approval February 13, 2001 Agenda Item # 16 (B) 6 SUMMARY OF PROPOSED CHANGE(S): Thc original design scope was to design a six-lane arterial divided roadway along the Santa Barbara Boulevard and Logan Boulevard corridor beginning at Davis Boulevard/SR 84 and ending just north of Pine Ridge Road/CR 896. This supplemental agreement addresses modifications to the previous amended design scope wherein the design now includes a six-lane arterial divided roadway from Davis Boulevard/SR 84 to Golden Gate Parkway/CR 886; a four- lane divided roadway from Golden Gate Parkway/CR 886 to Green Boulevard, within the right of way necessary to accommodate the addition of two additional lanes in the future, if so wan'anted; and intersection improvements at the intersection of Pine Ridge Road/CR 896 and Logan Boulevard. There will be no improvements to that portion of Logan Boulevard from Green Boulevard to Pine Ridge Road, with the exception of the intersection at Pine Ridge Road and Logan Boulevard. The revised scope also includes the design of signalization systems for the proposed Emergency Medical Services facility, Calusa Park Elementary School, and the intersection of Santa Barbara Boulevard at Hunter Boulevard; additional services with respect to the modification of the right-of- way description/sketches and title reports for the proposed right-of-way takes; topographic survey and utility survey services for the proposed water management ponds and outfalls; preparation of construction plans for the relocation/modifications of the existing water, sanitary sewer, and reclaimed water mains, including the coordination of the proposed north-south interconnect force main. Further, the revised scope will include the improvements of a portion of Radio Road, beginning just east of Santa Barbara Boulevard to west of Davis Boulevard/SR 84. This design will be for a four-lane divided ro~ tway. This agreement also amends the payment method for post-design services from lump sum to time, material, and equipment. JUSTIFICATION FOR CHANGE(S): The Board of County Commissioners at the April 16, 2003, Santa Barbara/Logan Boulevard Corridor Workshop directed that thc Transportation Engineering and Construction Management DeparUnent modify the design for the proposed improvements along the Santa Barbara/Logan Boulevard corridor limits to include a portion of Radio Road from east of Santa Barbara Boulevas ~ JUN 1 0 2003 Davis Boulevard/SR 84 was added as a result of discussions between the Transportation Planning Department, Transportation Engineering and Construction Management, and the Transportation Services Division Administrator. This was also presented to the Board of County Commissioners at the April 16, 2003 workshop. The current design included improvements on Radio Road for a length of approximately 0.285 miles, east of Santa Barbara Boulevard. With the recent improvements at the Radio Road and Davis Boulevard intersection, there remains only a 0.78mile section. There is sufficient existing right of way (150-feet) to build the four-lane roadway improvements for this portion of Radio Road. The design for relocation/modifications of the Collier County owned utilities was requested by the Public Utility Engineering Department. It was not included as a task in the original professional services agreement. PARTIES CONTACTED REGARDING THE CHANGE: Immediate supervisor Dale A. Bathon, P.E., Principal Project Manager; Transportation Engineering & Construction Management Department Director, Gregg R. Strakaluse, P.E.;_Purchasing and General Services Director, Steve Camell; County Attorney Office, Assistant County Attomey, Robert Zachary; Public Utility Engineering Department, Ron Dillard, P.E. IMPLEMENTATION STEPS (Verify each before proceeding with change) ~__ Proposed change is consistent with the scope of the existing agreement ~__ Proposed change is in fact an addition or deletion to the existing scope ~__ Change is being implemented in a manner consistent with the existing agreement ~ The appropriate parties have been consulted regarding the change _~ _Proposed prices, fees and costs set forth in the change are reasonable PROJECT MA~I?GER RECOMMENDATION: APPROVE ){.'(.'~[ ~ ~,~ ~.~~.£'(-- Date: DISAPPROVE: Date: COMMENTS: 5/13/03 N oAG E~0A~ L~" JUN 1 0 2{103 SANTA BARBARA BOULEVARD/LOGAN BOULEVARD COLLIER COUNTY PROJECT NO. 62081 PROFFESSIONAL SERVICES SUPPLEMENTAL AGREEMENT NUMBER 4 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT This Supplemental Agreement Number 4 to the Agreement dated September 12, 2000 (hereinafter referred to as the "AGREEMENT") is made and entered into this day of , 2003, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and (hereinafter referred to as the "OWNER") and WilsomMiller, Inc., authorized to do business in the State of Florida, whose business address is 3200 Bailey Lane, Suite 200, Naples, Florida 34104-8507 (hereinafter referred to as the "CONSULTANT"). WITNFSSFTH: WHEREAS, the COUNTY and CONSULTANT cun'ently have a valid Professional Services Agreement for the provisions of Professional Engineering Services for the Santa Barbara Boulevarct/Logan Boulevard (Davis Boulevarcl/SR 84 to Pine Ridge Roa&/CR 896). The COU,LNTY desires to modify the terms of said AGREEMENT, as a result of the Board of County Commissioners direction at the April 16, 2003 Santa Barbara/Logan Boulevard Corridor Workshop. The Board of County Commissioners directed that the Transportation Engineering and Construction Management Department modify the design for the proposed improvements along the Santa Barbara/Logan Boulevard corridor between Davis Boulevard/SR 84 and Pine Ridge Roa&"CR 896. The original design scope was to design a six-lane arterial divided roadway along the Santa Barbara Boulevard and Logan Boulevard corridor beginning at Davis BoulevardJSR 84 and ending just north of Pine Ridge Road/CR 896. This supplemental agreement addresses modifications to the original scope wherein the design now includes a six- lane arterial divided roadway from Davis BoulevarcFSR 84 to Golden Gate Parkway/CR 886; a four-lane divided roadway from Golden Gate Parkway/CR 886 to Green Boulevard, within the right of way necessary to acc¢ .v_rnodate the addition of two additional lanes in the future, if so warranted; and intersection improvements to the intersection of Pine Ridge Road,/CR 896 and Logan Boulevard. There will be no improvements to that portion of Logan Boulevard fi.om Green Boulevard north to Pine Ridge Road, with the exception of the intersection at Pine Ridge Road and Logan Boulevard. In addition, this supplemental agreement addresses additional scope to provide Professional Engineering Services for design of signalization systems for the proposed Emergency Medical Services facility, Calusa Park Elementary School, and tk ymt~,~qtt~ iq~f~ ~-: ~'~ Santa Barbara Boulevard at Hunter Boulevard; additional services with ra~pect to modification of the right-of:way description/sketches, title reports, and staking of the proposed fight-of-way takes; topographic survey and underground utility survey services for the proposed water management ponds and outfalls; preparation of construction plans for the relocation/modifications of the existing water, sanitary sewer, and reclaimed water mains, including the coordination of the proposed north-south interconnect force main; the scope includes design services for the improvements of a portion of Radio Road, beginning just east of Santa Barbara Boulevard to west of Davis Boulevard/SR 84. This design will be for a four-lane divided roadway to be constructed within the existing 150-foot right of way; and modification to the method of payment for post-design services from lump sum to time, material, and equipment, said services are more fully described in said Amendments thereto; and WHEREAS, COUNTY, and CONSULTANT agree the aforementioned services being contemplated under said AGREEMENT are necessau'; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those ser¥ices; and WHEREAS, the CONSULTANT reprcsc:,ts that it has expertise in the tFpe of professional services that will be required by the OWNER. ,ARTICLE ONE = r T ,.5 'N:T'< CONSULT ...... P~SPONSEBLL!TY 1. CONSULTANT shall provide to COU%'TY Professional Engineering Services in accordance with Exhibit "A" of this Amendment; as attached thereto. 2. COUNTY agrees to compensate CC x;SULTANT for services rendered hereunder as prescribed in Schedule B - Basis of Compensation, an amount not to exceed $830,720.00 for services as outlined in Exhibit "A". Contract fee adjustments: 2.1 Original maximum contract fee = $2,228,072 ^ AGENDA ITEi;¢,_ J UN 1 0 2003 pg ~- 2.2 2.3 2.4 2.5 Supplemental Agreement No. 1 (Extension of the project limits one-mile south from Radio Road to Davis Boulevard) Supplemental Agreement No.2 (Change Order Number 1, additional funds for subsurface utility engineering services for location of existing underground utilities) Supplemental Agreement No. 3 (Alternative intersection and roadway design concepts requested by the Board of County Commissioners.) Supplemental Agreement No. 4 New Contract Fee = $547,503.00 = $ 65,447.00 = $ 64,221.00 = S 830.720.00 = $ 3,735,963.00 Project Schedule Schedule C fi'on] the original AGREEMENT for said PROJECT, for Professional E:.-~gineering Services, is am. ended as follows: Assuming a Notice to Proceed date of June 23, 2003, the plaI~s submittal schedule shall be as follows: Reissue of the 60% Design Submittal - Submit no later than December 19, 2003. 90% Design Submittal - Submit no later than April 23, 2004. 100% Design Submittal - Submit no later than July 16, 2004. Final Plans and Specifications Package for Bidding - Submit no later than October 15, 2004. 4. The AGREEMENT, as amended, shall remain in ful. force and effect. JUN I 0 2003 3 Pg. ~ fin WITNESS WHEREOF, the parties hereto have executed this iProfessional Services A~eement for Professional Engineering Services for the Santa Barbara Boulevard/Logan Boulevard project limits extension and other scope as identified above the day and year first written above. ATTEST: Dwight E. Brock, Clerk BO.~_D OF COL.%'TY COMMISSIONERS FOR COLLIER COL"_~TY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORDA By: Dare: Tom Henning, Chaimlan Approved as to roma and leo~l sufficiency: Assistant Witnessed: By: V¢ILSONNIILLER, INC. / / Jobm H. De~V¢imkler, P.E., Senior V'ice President (CORPORATE SEAL) AGFNDP-. ~ TE k/._- No.~ JUN 1 0 2003 WilsOnMiller New Directions tn Planning. Design & Engineering May 20,2003 Mr. Ewing "Skip" McMichael, Project Manager Transportation Engineering and Construction Management Collier Coun. t~ Government 2675 S. Horseshoer Drive Naples, FL 34104 MAY 2 C 2003 Trani: sportatlon Services Divisio~ Subject: Amendment No. 4 Santa Barbara / Logan Blvd Boulevard Design and Permitting Collier County Project Number 62081 Dear Mr. McMichael: Based on our most recent negotiations, we are providing the revised amendments (Amendment No. 4) to the Professional Services Agreement for the above referenced project. Please find the enclosed Exhibit A to include the following proposed amendments to Schedule A, "Scope of Services"i Schedule B, "Basis of Compensation"; and Schedule C, "Project Schedule". WilsonMiller appreciates the opportunity to provide additional services for this important project. Please call me at 649-4040 if you have any questions. Sincerely, Wayne P. Hartt, P.E. Project Manager Enclosures Naples N6(~2-OO2-O1D- TPSA- 25470 Fort Myers Sarasota Tampa Tallahassee Panama 320~ Bailey Lane, Suite200 Nap/es, F/or/da 34105 941-649-4040 ~ 941-643-5716 ~ www. wilsonmiller, corn JUN 1 0 2003 ;ity Beach Pg. ~ __. SANTA BARBARA/LOGAN BOULEVARD Amendment May 20, 2003 Exhibit A Amendment ~ Addendum to Schedule A - Scope of Services Schedule A - Scope of Services dated September 12, 2000 is amended as follows: Section 1 - Project Description / Limits Services required of the CONSULTANT are amended to provide design and permitting services for the following roadway improvements: · Radio Road will be 4-1aned of from the recently completed intersection improvements at Davis Boulevard to the intersection with Santa Barbara Blvd. · Santa Barbara from Davis Boulevard to Golden Gate Parkway will be six laned as shown in the current 60% plans. North of Golden Gate Parkway, the roadway will transition from 6- lanes to a 4-lane roadway. · Santa Barbara Boulevard from north of Golden Gate Parkway to Green Boulevard will be designed as a 4-lane roadway within a curb-to-curb footprint that could accommodate 6 lanes in the future. The geometric design presented in the 60% plan (6-lane) submittal will remain to the degree that east side curb line and vertical profile grade will remain as currently designed. · Improvements at the intersection of Logan Boulevard with Pine Ridge Road that will transition to the existing Logan Boulevard (4-lanes). Section 7 - Desiqn Survey: 7.1.1 Provide topographic survey and underground utility survey services for the proposed water management ponds and outfalls as identified in the 60% Plans submitted to the County. These water management ponds and outfall areas were undefined at the time of the original Scope of Services. Section 9 - Utility Coordination / Design Sub-section 9.2 is deleted and replaced with the following scope of services with respect to COUNTY owned water and sewer facilities: 9.2 Meetings and General Consultation: 9.2.1 Prepare, attend, and follow up on items presented at each of the following four (4) anticipated milestone meetings: 1 ) Pre-design kickoff meeting, 2) County Water and Sewer District coordination meeting, 3) Preliminary plans review meeting, 4) Interim plans review meeting. 9.2.2 Coordinate design with County Water, Sewer, Public Utilities, and Client staff as needed. Coordinate with utility providers within the corridor and other County consultants as needed to obtain design information. 9.2.3 Coordinate with other County consultants regarding the alignment of the North and South County Force main interconnection. AGENDA No ~ JUN I 0 2003 SANTA BARBARA/LOGAN BOULEVARD Amendment May 20, 2003 Exhibit A 9.3 Utility Relocation Plans 9.3.1 Review the conflicts between the existing water, sewer, and reclaimed water mains with the proposed improvements. Determine areas of insufficient cover depth and determine which existing mains will be under the proposed pavement. 9.3.2 9.3.3 9.3.4 9.3.5 9.3.6 9.3.7 Make adjustments to the storm sewer design as appropriate to avoid conflicts with the existing water, sewer, and reclaimed water mains. Adjustments to the storm sewer will be reflected in the roadway plans. Prepare construction plans for the relocations/modifications consisting of plan and profile sheets and corresponding construction details. The scope herein includes the following relocations and new mains: 1. Design the water, sewer, and reclaimed water main relocations/modifications to avoid conflicts with the proposed improvements. 2. Relocate existing 16" water main to east right of way line between stations 288+00 and 311+00 and between stations 329+00 and 344+00 3. Relocate or accommodate existing water main at the intersection with Radio Rd. 4. Accommodate the new force main to interconnect the North and South County sewer service areas being designed by other County consultants. The Client will provide the electronic drawing file of the new interconnect to be incorporated into the relocation plans. 5. Relocate the existing water main in the vicinity of the intersection with Pine Ridge Rd. if necessary. Prepare and submit a Florida Department of Environmental Protection (FDEP) short form (Notice of Intent to Use General Permit) application for the water main relocations. Prepare and submit a long form application for the sewer and reclaimed water main relocations. Respond to no more than two (2) requests for additional information (RAI's) from FDEP during the permitting process. Any additional responses to RAI's will be billed as additional services. Prepare Technical Specifications for the water and sewer relocations. Prepare an opinion of probable construction costs for the proposed improvements. Section 12 Drainage Design For the segment of Santa Barbara Boulevard between Golden Gate Parkway and Green Boulevard, and where deemed practicable by county staff and permittable dy tnA(:~AJTEM- No. JUN 1 0 2003 SANTA BARBARA/LOGAN BOULEVARD Amendment ~4 May 20, 2003 Exhibit A Florida Water Management District, design a piped, shallow swale or back of sidewalk drainage system to accommodate off-site runoff along the west side of the roadway. The purpose of this piped, of'fsite drainage system will be to reduce the required right-of-way footprint that would otherwise be required of an off-site conveyance ditch. Section 16 Siqnalization Plans: 16.1 Provide signalization design utilizing mast arm supports at the following intersections with Santa Barbara BIvd: (1) The proposed EMS facility (Sra. 309+50); (2) the entrance to Calusa Park Elementary School (Sra. 316+00); and (3) Hunter Blvd. (Sta. 479+50). Section 17 Riqht-of-Way Sketch and Descriptions and Parcel Stakinq: 17.3.1 Prepare 85 certified sketch and descriptions in addition to the 85 contained in the original scope. Revise up to 73 sketch and descriptions along the west side of Santa Barbara Boulevard between Golden Gate Parkway and north of Pine Ridge Road. Provide approximately 177 title reports to county staff. Stake out 36 right-of-way parcels (one time each) for the proposed property acquisition and include the limits of existing right-of-way. Scheduling of the staking work is to be coordinated with the Transportation Engineering Department - Design and Right- of-Way Section. Section 18 Environmental Services 18.1.8 There will be three (3) separate Environmental Resource Permit (ERP) applications needed for this project. Each application will be processed as a modification to an existing permit as requested by the South Florida Water Management District (SFWMD). The three (3) existing SFWMD ERP's to be modified are: (1) the Logan Blvd 4-1aning project, (2) the Calusa Elementary School site, and (3) Radio Road improvements. 18.1.9 Design of the project will be in accordance with current SFWMD criteria. In the event that wetland impacts exceed 0.5 acres, redesign of the water management system to comply with the evolving parameters of the Environmental Protection Agency is possible. This redesign effort would be performed for additional fees under separate authorization. AGE~ DA..~TEI~__ No._ !¥ JUN 1 0 2003 SANTA BARBARA/LOGAN BOULEVARD Amendment//4 May 20, 2003 Exhibit A Amendment #,4 Addendum to Schedule B - Basis of Compensation This amendment will change the method of compensation and invoicing relating to Post Design Services from Lump Sum - Percent Complete to a Time & Materials - Not to Exceed Basis (NTE). Billing rates for each personnel classification shall be those shown in Exhibit A. Compensation for subconsultant services will be on a Time & Materials basis. Backup for the CONSULTANT"S invoice to the OWNER will include a copy of the subconsultant's invoice to the CONSULTANT. Compensation for CONSULTANT and subconsultant services will be provided in accordance with the Summary contained in Exhibit A. AG E~ I~t D,~! T E.J~- JUN 1 0 2003 SANTA BARBARA/LOGAN BOULEVARD Amendment #4 May 20, 2003 Exhibit A Amendment #.4 Addendum to Schedule C - Proiect Schedule Schedule C from the original Agreement for said Project, for professional engineering services amended as follows: Assuming a Notice to Proceed is issued by June 23, 2003, the Plans submittal schedule shall be as follows: Reissue of the 60% Design Submittal - Submit no later than December 19, 2003 90% Design Submittal - Submit no later than April 23, 2004 100% Design Submittal - Submit no later than July 16, 2004 Final Plans and Specifications Package for Bidding - Submit no later than October 15, 2004 2003 JUN 1 0 2003 JUN I 0 2111}3 .IUN 1 a 2003 JUN ! I] :L:~(~~ ~z~c~9 ~<~ m ~ ~ o o o o o o ~ ~ o o o o o Santa Barbara/Logan Blvd. Amendment No. 4 Basis of Sheet Estimate 60% Plans Status Santa Barbara Blvd Davis Blvd to l$20 ft north of Golden Gate Pkwy (Sta. 288+89 to Sta. 431+40) Davis Blvd (Sta. 156+29 to Sm. 181+85) Radio Road (west of Santa Barbara) (Sta. 245+36 to Sra. 264+34) Golden Gate Parkway (Sta. 583+57 to Sm. 602+55) Total 60% Plans Status 14,251 If 2,556 If 1,898 if 1,898 If 20,603 II Key Sheet Drainage Map scale: 1" = 200'; 14,251 If/2,800 ft/sht. Typical Section Sheets Main typical plus 1 for each side road Plan & Proffie Sheets scale 1"=50'; 20,603 ft/700 ft per sht Intersection Details 3 signalized intersections Cross Sections ~ 100 spacing 20,603 ft / 100 ft per x-sect (206 x-sects) 2 ponds, 8 x-sects each (16 x-sects) total 232 x-sects; 4 per sheet Drainage Structure Sheets 20,603 If (152 drainage structures) (Average 4.5 structures per sheet) Summary. of Drainage Str. 152 drainage slx., 45 per sheet Sheet Count 1 sheet 5 sheets 4 sheets 30 sheets 3 sheets 58 sheets 34 sheets 4 sheets JUN 10 2003 Santa Barbara/Logan Blvd. Amendment No. 4 Basis of Sheet Estimate 60%plans status (continued} Detention Pond Details 2 ponds with control structure details 2 sheets Traffic Control Sheets 48 sheets scale: 1"= 50' dbl ~acked 20,603 fl / 1400 ft per sht = 15 sheets per phase x 2 phases (30 sheets) plus 1 sheet per phase per intersection (6 sheets) plus 1 cross section per 1000 feet per phase (10 sheets) plus 2 typical details (2 sheets) Utility. Adjustment Sheets same as plaa/profile shts 30 sheets Signing and Marking Plans scale: 1"=50'; dbl stacked 20,603 ft/1400 ft per sbt tabulation of quantifies (4 shts.) general notes (1 sht) sig~ details (3 shts) 22 sheets Signalization Plans 4 intersection sheets I tabulation shts 1 general notes 4 Mast arm pole details 10 sheets Lighting Plans same as Signing & Mar~ng 22 sheets Santa Barbara/Logan Blvd. Amendment No. 4 Basis of Sheet Estimate 40% Plans Status Santa Barbara /Logan Blvd From 1320 fl north of Golden Gate Pkwy To 1000 ft. north of Green Blvd. (Sra. 431+40 to Sra. 518+00) 8, 700 If Drainage Map scale: 1" = 200'; 8,700 If/2,800 ff/sbt. Typical Section Sheets Main typical plus 1 for each side road Plan & Proffie Sheets scale 1"=50'; 8,700 ft / 700 ft per sbt Intersection Details 3 signalized intersections Cross Sections ~ 100 spacing 8,700 fl / 100 ft per x-sect (87 x-sects) 5 ponds, 8 x-sects each (40 x-sects) total 117 x-sects; 4 per sheet Drainage Structure Sheets 8,700 If (94 drainage structures) (Average 4.5 structures per sheet) Summary of Drainage SO'. 94 drainage str., 45 per sheet Detention Pond Details 5 ponds with control structure details Sheet Count 3 sheets 2 sheets 13 sheets 3 sheets 29 sheets 21 sheets 2 sheets 5 sheets Santa Barbara/Logan Blvd. Amendment No. 4 Basis of Sheet Estimate Traffic Control Sheets 20 sheets scale: 1"= 50' dbl stacked 8,700 ft / 1400 ft per sbt = 6 sheets per phase x 2 phases (12 sheets) plus 1 sheet per phase per intersection (2 sheets) plus 1 emss section per 1000 feet per phase (4 sheets) plus typical details (2 sheets) 40% plans statu, v (continued) Utility. Adjustment Sheets same as plan/profile shts 13 sheets Signing and Marking Plans scale: 1"=50'; dbl stacked 8,700 f~/1400 fi per sbt tabulation of quantities (2 shts.) sign details 2 shts) 10 sheets Signalization Plans (Includes EMS access, Calusa Park Elementary, Coronado Blvd., Hunter Blvd.) 4 intersect/on sheets 4 Mast arm pole details 8 sheets Lighting Plans Same as Signing & Marking 10 shee:s I Santa Barbara/Logan Blvd. Amendment No. 4 Basis of Sheet Estimate 40% Plans Status Santa Barbara/Logan Blvd From 1000 ft South of Pine Ridge Road To 1320 ft. north of Pine Ridge Road (Sra. 545+40 to to Sta. 568*60) Pine Ridge Road (Stm 1146+40 to Sra. 1178+00) Total 2,320 If 3,160 if 5,480 ff Drainage Map scale: 1" = 200'; 5,480 If/2,800 ff/sht. Typical Section Sheets Plan & Profile Sheets scale 1"=50'; 5,480 If/700 ft per sbt Intersection Details 1 signalized intersection Cross Sections ~ 100 spacing 5,480 If/100 ft per x-sect (55 x-sects) 1 ponds, (8 x-sects) total 63 x-sects; 4 per sheet Drainage Structure Sheets 5,480 lflf(35 drainage structures) (Average 4.5 structures p~r sheet) Summary of Drainage Str. 35 drainage structures, 45 per sheet Detention Pond Details 1 pond with control structure details Sheet Count 2 sheets 1 sheets 8 sheets 1 sheets 16 sheets 8 sheets sheet 1 sheets · AGENDA )TEM,~ ' JUN 1 O 2003 400/0 plans status (continued) Santa Barbara/Logan Blvd. Amendment No. 4 Basis of Sheet Estimate Traffic Control Sheets 14 sheets scale: 1''= 50' dbl stacked 5,480 If/1400 R per sht = 4 sheets per phase x 2 phases (8 sheets) plus details & notes (1 sheet) plus lsheet per phase per intersection (2 sheets) plus 1 cross section per 1000 feet per phase (3 sheets) Utility Adjustment Sheets same as plan/profile shts 8 sheets Signing and Marking Plans scale: I"=50'; dbl stacked 5,480 1I'/1400 ~t per sbt tabulation of quantities (1 shts.) sign details I shts) 6 sheets Signalization Plans 1 intersection sheets 1 Mast arm pole details 2 sheets Lighting Plans Same as Signing & Marldng 6 sheets Radio Road (Sta. 264+34 to Sta. 305+50) Santa Barbara/Logan Blvd. Amendment No. 4 Baaia of Sheet Estimate 4,116 Sheet Count Drainage Map scale: 1" = 200'; 4,116 lf/2,800 ft/sht. 2 shy'ts Typical Section Sheets Radio Road typical 1 sheets Plan & Prof'de Sheets scale 1"=50'; 4,116 If/700 ft p~r sht 6 sheets Intersection Details 0 sheets Cross Sections ~ 100 spacing 4,116 If/100 ft per x-sect (41 x-sects) 1 ponds, (8 x-sects) total 49 x-sects; 4 per sheet 12 sheets Drainage Structure Sheets 4,116 if (40 drainage structures) (Average 4.5 structures per sheet) 9 sheets Summary of Drainage Structures 40 structures, 45 per sheet 1 sheet Detention Pond Details 1 ponds with control structure details I sheets Traffic Control Sheets 9 sheets scale: 1''= 50' dbl stacked 4,116 If/1400 ft per sbt = 3 sheets per phase x 2 phases (6 sheets) plus details & notes (1 sheet) plus 1 cross section per 1000 feet per phase (2 sheets) Utility Adjustment Sheets same as plan/profile shts 6 sheets 30% plans status (continued) Signing and Marking Plans scale: 1"=50'; dbl stacked 4,116 If/1400 ft per sht tabulation of quantities (1 shts.) Signalization Plans Lighting Plans Same as Si~ning & M~rking Santa Barbara/Logan Blvd. Amendment No. 4 Basis of Sheet Estimate 4 sheets 0 sheets 4 sheets JUN 10 2083 SANTA BARBARA I LOGAN BLVD. 6 Laning Amendment ~_ Additional Title Reports odginal fee per Amendment #1 = $ 5500.00 Approximately 177 'rifle Reports are required to date $100 per Report x 177 reports = $17,700.0 $17,700.00 - 5,500.00 = Exhibit A $12,200.00 Additional Sketch and Descriptions 85 additional Sketch & Descriptions at $352.94/ea 73 Sketch & Descriptions to modify (GG Pkwy to Pine Ridge) at $150/ea $40,950.00 Right-of-Way Stake Out 36 Parcels (one time each) $10,960.00 Preliminary Water Management Survey Storm Water Management surveying fee as of 05/31/02 - Preliminary survey work provided for AJtemate Pond Site Evaluation. 2 person crew = 50.5 hrs @ $95.00 per hr = $4797.50 Office Support = $580.00 Storm Water Management Survey Requirements based on 60% Design Plans · Cross section existing 5.50+_ acre pond @ school site (cross sections at 50'foot intervals) · Topo proposed 7.0_+ acre pond @ school site & set site Bench Marks · Cross section 4000'_+ feet of existing swale south of school site and along Davis Blvd. · Cross Section 1000' feet of the Golden Gate Canal · Topo proposed 3.5+- acre pond site North of G.G.Canal & set site Bench Marks · Topo proposed 9.0+- acre pond site South of Copper Leaf Lane & set site Bench Marks · Topo proposed 6.0+- acre pond site South of Sea Grass Lane & set site Bench Marks · Topo proposed 3.0+- acre pond site South of Cedar Tree Lane & set site Bench Marks · Cross Section 1000' feet of GreenCanai · Topo proposed 4.0_+ acre pond site North of Green Canal & set site Bench Marks · Cross section existing 5.50+_ acre pond(s) South of 14t~ Ave S/W · Additional 5 acre pond site near Pine Ridge Road Intersection Survey crew = 40 crew days @ $880 per day = $35,200.00 Office Support = Survey Tech 16 hours @ $85 per hour = $1,360.00 PSM = 8 hours @ $125 per hour = $1,000.00 ACA Merge DTM files & regenerate DTM & Spot Check final DTM = $2,000.00 $44,937,50 Pine Ridge Road Topo (Roadway reconstructed since initial survey) $12,632.00 JUN ! § 2003 AIM Engineering & Surveying, Inc. Exhibi~ "A" 2'39 ~,~2-4,5~9 239-675-3696 ZIg-332-B734 31200 Bailey Lane ~ 20O Naples, 1~ ~4105-8507 Thank you for c~nsidering ~ HnSineerlng & $'urveyi~. Inc. to provide professional survey servic~ on the project above. The fees a.ssociatcd witlx ~ project arc ~ below: Description i. l~dlo Rod& Frmn 500' W,"-c of Bcrt~hir~ Pines Drive East t5 H~wly .Co~strac~-d 4-1a~¢ Typical Section Provide Topo~'aphy and DTM I',,.,us R.igl~t of Way to Right of Wa), pi,,* 20' outside of tl~ Right of Way on each sid~ 2. Ph~ Ridge Road From 2000' West of ~ lLarbarn Boulm'ard to L2/IO' Fast of Sa,.~ B~rbaxa Boulevm'd Pro'r/de Topography ~ DTM from Right of Way tv Right of Way plus 20' ou~ide of the Right of Way on each sid~ Locat~ the 50+/- Dralmg~ SWacmres shown on the Aerial Maps given to ~s at our meeting on Sune 11. 200e2. Locate all ~ a~d ge~ elmmfions on inverts, grates, r/ms, otc. 4. Goldc~ Gate C~I, Basin Ntmiber 2, Po~:l Nwmher 1: Outfall along German Woods Cotul from S~n~ Barbara Boulevard We~t so0' to Pond Sit-,. Provide Topography and DTM bom Right of Way to Right of Way plus 20' outside of th~ Right of Way on each side 5. Golden Gate ltmsin Number 3, ~outh Pond Outfall: From Sam~ Baxtm~ Boulevard Hast along proposed pipe to Coronado Ca~al Provide Topography and a DTM ora 60' wide strip centered on pipe and 3 Cross-gcclions of Coronado Canal. $ 5,490.00 Right of Way on ,'~_~_ side Total: Lehi~hA.~r~ (~O['flce) e ~ * Tampa e Plantation · Braoks,41~ Golden Gate Basin Number 3, North Pond Outfall: $ 7,045.00 Io5 From Santa Barbara Boulevaxd Hast along ~ 22~ Place and SW 55a' Street to Coronado Canal ~o,,iay 'fo. po~. ?~ ~a ,_D'm ~ ~a~ of way tv i~i~ o~ w~v ~us z0- o,~ide of ~i~ of way ,~- °'~ on cacn si~ ann ~ ~'oss-~ctions of Coromzlo Canal. ~or~ co~ ~ Provide Topography and DTM from Right of Way to Right of Way plus 20' outside of thc AIM Engineering &'Surveying, Inc. Leh~ ~:re~ Rc:~c~ 3..~70-1235 239-332-~569 80C-220-,4569 ['O~ 239 ,.3~ 2. fl 7 ,;,',',',',',',',',~4 August 6, 2002 Mr. W'~y~e Hm~ PE Wilsonlv~er, I~c. 3200 Bailey ~ Suite 200 Naples, FL 34105-8507 Subject: Santa B~rb~r-a Boulevard Sm'roy in Comer County Dear Mr. Hart: LLstec[ below are om' mt~ for ~e above ~ef~-a:ec[ project ~ ~M~ ~eld C~ $1,2~.~ ~r ~y Li~ ~eyor ~) $ 96.46 p~ ho~ 5u~ey T~i~ $ ~.~ per ho~ g~d you ~ve ~ ~fi~ or d~ffe a~fio~ ~o~oa, pl~e c~l me at (8~) ~569 or v~ mobile at (941) 872-2623. ob ~, PSM ~ey Manger o (D Pmj. 62081 Amend. #4 'I'BE Group Estimate for Utility Location · , ~ · (Rates as agreed wi~ Jason Stanley / TBE 4/30/03) GGB20utfall GGB3 South GGB3 North Subtotal Radio Road (German Woods) Outfall Outfall Logan Court Costs ($) Road / Outfall length (LF) 4,000 800 200 850 1,300 Utilities (LF) 24,000 2,400 600 2,550 3,900 Designating Days 4.4 0.4 0.1 0.5 0,7 5,500 If I day) Designating Cost $8,240.99 $824.10 $206.02 $875.61 $1,339.16 $11,485.88 ($1,888 36 / day) Vaccum excavation 80 8 2 9 13 holes(ea) @ lhol( / 300ft Locating Days @ 7.3 0.7 0.2 0.8 1.2 11 holes / day Locating Cost(S) $15,320.65 $1,532.07 $383.02 $1,627.82 $2,489.61 $21,353.16 $2,106.59 / day Survey Days (days) 1day / 2.5 1.7 0.2 0.0 0.2 0.3 designating days Survey Cost ($) $2,786.62 $278.66 $69.67 $296.08 $452.83 $3,883.85 $1,596.501day Survey Office I Time (hrs) @ 8 14.0 1.4 0.3 1.5 2.3 hrs/crew day Survey Office Costs @ $1,030.38 $103.04 $25.76 $109.48 $167.44 $1,436.09 $73.79/hr Total cost for $27,481.62 $2,748.16 $687.04 $2,919.92 $4,465.76 $38,158.98 Utility Location AGENDA Pg. May 5, 2003 FORGE ENGINEERING~ INC. Fox,Ns,s, GC-O~$'~N,~AL AND C~STRUCTION C, OI,4~ULTANTS Mr. Wayne Hartt Wilsonl~lier, Inc. 3200 Bailey Lane, Suite 200 Napes, Rodda 34105-a507 Telephone (239) 649-4O40 Fax (239) 643-5716 Revised Supplemental Services Santa Barbara/Logan Boulevard Six-Laning Davi~ Boulevard to Pine Ridge Road Collier County, Florida Wayne, as requested the following is a breakdown of the revised supplemental services anticipated of FORGE for me additional mast arm locations, and the adclitional water management ponds. TASK Water Mana.qement Ponds~ Soil Borings. Field Testing. Laboratory Testing, EvaJuation, and Report Preparation $5,500 Mast Arms Soil Bodngs, Field Testing, Laboratory Testing, Evaluation, and Report Preparation $6,500 Total of Revised Supplemental Fee $12,000 Previous Total $129.000 TOTAL PROJECT FEE ~141,000 Call me if you have any questions or need additional information. Sincerely, //~/Richard PAun~,~.E. --' L.. I 6200 s~ucY sT., sun~ 204, N~u,~s, FLc~ 34109 - (239) 514-4100 · FAx (239) 514-4161 · E~L: torgeQgate.net JENKINS & CHARLAND INCORPORATE-O Con,,ultin~ En~ine~m. StruCtural - Civil SERVICE AUTHORIZATION FORM Project Number:. 01-FTM402 Date: 5/1103 Billing Group: 1 Project Name: SANTA BARBARA/LOGAN BLVD iMPROVEMENTS ~3200 _~!~_!.~_~ Lane Suite 200 Naples, FL 34105-8507 A/Zentlon: Wayne Haxlt, PE Pursuant to our telephone conversarUon dated 5/1103 we understand that this office has been request~ a to perform We following pro~asional services: 1 ) 4 double mast arm designs 2) Revisions to Green Canal bridge design for 4 lane,, wl~ expandable to 6 lanes by use of the mad al, 3) Sound wall design, using prol3detary wall (650' and 564' lengths - approximate) 4) Additional services dudng bidding and const~action for the above For such work, our office shall bilia fixed fee of $t8,330 for Iterns 1 thru 3 and $3,000 f°r item 4' Expected completion date for this work Is: To be determined The terms and conditions of this proposal shall be 13er the project contzact for which this is a supplement. (Our ccntra~ dated January 24, 2001 ) If We Information Contained Herein Is Consistent with Your Understanding, Please Countersign or Hav~ this Form Countersigned by the Appropriate Person. This Signature Shall Constitute an Ar. Anowledgement e,f an Authorization to Proceed with this Work. If Worl( under this Service Authorization Proceeds Due to VerbaJ Authorization Listed below and You Do No~, Agree wil~ Information Contained Herein, You must Notif~ Us Within Two (2) Working Days of Such Disagreement. Jenkins & Char~and I~.. Accepted and Authoriz~ed: ~' Signature Signature Paul Carroll, PE Pdntecl Name Date: 5/1/'03 Verbal Authorization Provided Ch1 Se~vl~a Au~lm"lzaflen ~n Printed Name Date: On: lof3 12.381 Cleveland Avenue, ~¢2.04. Fort Myers FL 33g07 (23g) 939-1414 · Fax (239) 278-4289 E-mail: ft3T~jcengineer s. cam CA: 00000650 Fort Laudaraale FL · :art Pierce FL JacKsonvil,e FL -Tampa FL Saras~ )taFL EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO MOVE $126,000.00 FROM THE TRANSPORTATION ROAD & BRIDGE MAINTENANCE OPERATIONS CAPITAL BUDGET TO THE OPERATING BUDGET FOR THE PURCHASE OF LIME ROCK FOR THE REMAINDER OF THE FISCAL YEAR. OBJECTIVE: To obtain approval of a budget amendment to move $126,000.00 from the Transportation Road & Bridge Maintenance Operations Capital budget to the operating budget for the purchase or lime rock for the remainder of the fiscal year. CONSIDERATIONS: Funds are needed to purchase lime rock for the remainder of the fiscal year for the Road & Bridge Maintenance Operations department. Funds are currently budgeted in Road & Bridges Commitment Item and needs to be moved to Lime Rock Commitment Item for this purchase. FISCAL IMPACT: A budget amendment is needed to transfer funds from the Road & Bridges , commitment item to the lime rock commitment item within the same cost center budget. No additional funds are being requested or added to this budget.. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners authorize the necessary budget amendment to move the funds from Road & Bridges Commitment Item to the lime rock commitment item.. PREPARED BY: ./ /J/( ~-fl~/~x~lg~¢~ /Shar'~on Newman, Accounting Supervisor Transportation Services Division DATE: N6rman E. Feder, AICP, Transportation Administrator AGENDA ITEM No. JUN 1 0 2003 Pcj. / EXECUTIVE SUMMARY APPROVE A RESOLUTION TO ALLOW THE COUNTY MANAGER TO ENTER INTO A JOINT PROJECT AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO PROVIDE FOR THE COMPLETION OF PHASE ONE OF THE COUNTYWIDE COMPUTEtLIZED TRAFFIC SIGNAL SYSTEM BY COLLIER COUNTY. OBJECTIVE: To gain Board approval for the County Manager to enter into a JPA (attached) with the FDOT that will allow Collier County to finish the implementation of Phase One of the Computerized Traffic Signal System and be reimbursed by the FDOT for its costs in doing so. CONSIDERATIONS: In 1996, the FDOT, using federal funding, commissioned a Feasibility Study of the need and benefits of installing a countywide computerized traffic signal system in Collier County. The Feasibility Study documented that the benefits of such a system would far outweigh the costs, and upon agreement by Collier County to operate and maintain the signal system for traffic signals under its maintenance jurisdiction, the FDOT contracted for the design of plans and specifications for the first phase of the system installation. The FDOT let its plans for bid in September 2000, and awarded the project to the lowest bidder. Construction activities began in May of 2001, with scheduled completion in August of 2002. Although the on-street construction activities are now complete, the integration of the computer control of the system has not been accomplished by the contractor. The contractor, to date, has been incapable of bringing the system online with their own forces .and has also been unable to negotiate a contract with their system vendor to complete the integration. County staff and FDOT have been in negotiations with the system vendor, who has visited the site and compiled a parts list and an estimate of costs associated with completing the integration of the system and bringing all of the signals in Phase One under computer control. The FDOT has proposed that the most efficient and timely method for completing the system implementation is to remove their contractor from the project and allow the County to contract with the system vendor, at the FDOT's expense, to complete the project. FISCAL IMPACT: FDOT funding is available and programmed in this Fiscal Year (02/03) to reimburse the County for all costs of completing the integration of Phase One of the Computerized Traffic Signal System, limited to a maximum amount of $129,121.50, with payments made as they are invoiced by the County. The County's agreement with the system vendor will be limited to a maximum amount of $129,121.50 and funded by 313 Project 66065, with reimbursement from FDOT going back to that Project fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION:. That the Board approve the attached Resolution and authorize the County Manager to enter into a JPA with the FDOT for the completion of Phase One of the Computerized Traffic Signal System. SUBMITTED BY: REVIEWED BY: APPROVED BY: Edwara J. Kant,~ P~ o~on ~'" (', Operations, Dffector N~,'C~p,L T~r V/2o~io~n A~nist~ator DATE: <$'" ~" ~' DATE: JUN 1 0 2003 pg.. '/ FM NO: 195403-1-58-01 COUNTY: COLLIER JOINT PROJECT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COLLIER COUNTY FOR INTEGRATII~}N OF THE COLLIER COUNTY COMPUTERIZED SIGNAL SYSTEM PHASE I .~ This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT" and COI.I.mR COUNTY, FLORIDA, hereinafter referred to as the "COUNTY". WITNESSETH WHEREAS, the DEPARTMENT is prepared, in accordance with its Five Year Work Program to fund improvements to the Collier County Computerized Signal System Phase I in fiscal year 2002/2003, under FM Number 195403-1-58-01, hereinafter referred to as the "PROJECT"; and WHEREAS, said PROJECT is on and off the State Highway System, is not revenue producing and is contained in the tentative Five Year Transportation Plan; and WHEREAS, the COUNTY is willing to undertake the PROJECT and the DEPARTMENT is willing to compensate the COUNTY for costs directly related to the construction and implementation of the PROJECT as described in Exhibit A and attached herein as part of this agreement; and WHEREAS, the COUNTY by Resolution, dated the day of ,2003, a copy of which is attached hereto and made a part hereof, has authorized the Chairperson of the County Commission to enter into this Agreement. NOW THEREFORE, in consideration of the mutual benefits to be derived from joint participation in this Agreement, the parties agree as follows: 1. The COUNTY agrees to undertake the construction and implementation services for the PROJECT and the DEPARTMENT agrees to pay for said services, as stated in paragraph 5 herein, provided they are performed in accordance with the DEPARTMENT's plans and specifications and the terms and conditions in this Agreement. 2. The PROJECT consists of improvements, including construction and implementation of the Collier County Computerized Signal System Phase I. Said construction and implementation shall be completed on or before June 2004. AGENDA ITEM No._. I J U N __L__ Pg' 3. a) The COUNTY will be solely responsible for the total integration of the system and any final software and systems testing. This includes any necessary modifications to the hardware or software provided by the DEPARTMENT to fully integrate the system as shown in the Plans and Technical Special Provisions for the PROJECT. The COUNTY will be responsible for any additional hardware or software that may be required to integrate the system. The COUNTY will modify the controller databases and load the timing pattern parameters for the entire system as needed to complete the project. This shall include the controller timings, timing patterns, and traffic responsive parameters developed Or modified by the DEPARTMENT. It shall also include intersection configurations, comn~unications addresses and all monitoring and graphics configuration necessary for the operation of the system. In consideration of the payment made by the DEPARTMENT under this Agreement, the COUNTY shall be solely responsible to complete all construction, programming, synchronization, modifications, adjustments, and implementation, whether to hardware, software or otherwise, necessary to make the system,operational and fully functional. The COUNTY will document all changes needed to the project plans and specifications and will submit as built drawings to the DEPARTMENT documenting said changes. b) The DEPARTMENT through an existing contract with the design firm will complete the final implementation and adjustments for the off-season signal timing patterns and will provide an initial set of traffic responsive parameters for the system, which shall be implemented, modified, and finalized as needed by the COUNTY. The COUNTY will provide a representative during final implementation and adjustments to review the off-season signal timing patterns with the DEPARTMENT. A Final Timing Report will be provided by the DEPARTMENT under the design firm's existing post design services contract after all final implementation and adjustments are completed as outlined in the contract. The COUNTY will coordinate any signal timing changes with the DEPARTMENT until the final timing report is accepted. After acceptance of the final timing report, the DEPARTMENT will be responsible for documenting timing changes for signals located on the state highway system, and the COUNTY will be responsible for documenting timing changes at all signals within their jurisdiction. c) With regard to the COUNTY's undertaking and obligations as set forth in this Agreement, the COUNTY acknowledges that it has inspected and has all necessary information regarding the system in its present condition, including without limitation all hardware and software, and the COUNTY agrees to be solely responsible for completing all remaining construction, programming, synchronization, adjustments, modifications and implementation of the system in order to make it operational and fully functional. 4. The COUNTY will begin construction and implementation of the PROJECT after execution of this Agreement and upon receiving notification in writing by the DEPARTMENT to proceed. 5. The DEPARTMENT agrees to a maximum participation, including contingencies, in the PROJECT in the amount of ONE HUNDRED TWENTY-NINE THOUSAND ONE HUNDRED TWENTY-ONE AND 50/100 DOII.ARS ($129,121.50). 6. The DEPARTMENT agrees to pay the COUNTY in accordance with Section 339.12, Florida Statutes, and totally subject to legislative approval and appropriation, in accordance with paragraph 5 herein. Said payback will be made after receipt of an invoice from the COUNTY once the PROJECT has been finally accepted by the DEPARTMENT. The invoice and supporting documentation is to be sent to the Project Manager for approval and processing. In the event the COUNTY proceeds with construction of the PROJECT with its own forces, the COUNTY will only be reimbursed for direct costs (this excludes general and administrative overhead). 7. All tracings, plans, specifications, maps and/or reports prepared or obtained under this Agreement shall be considered works made for hire and shall become the property of the DEPARTMENT without restriction or limitation on their use. The DEPARTMENT will have the right to visit the site for inspection of the work and the drawings of the COUNTY at any time. 8. All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: TO COUNTY: Paul Theberge, P.E. Edward J. Kant, P.E. Resident Engineer Transportation Operations Dir. Florida Department of Transportation Collier County Post Office Box 789 2705 S. Horseshoe Dr. Fort Myers, Florida 33902-0789 Naples, Florida 34104 9. (a) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (b) Bills for travel expenses specifically authorized in this Agreement shall be submitted and paid in accordance with Section 112.061, Florida Statutes. (c) The COUNTY shall allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. (d) The DEPARTMENT agrees to pay the COUNTY for the herein described services at a compensation as detailed in this Agreement. (e) Vendors (in this document identified as COUNTY) providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the 3 JUN 1 0 2003 pg. ~r _ date the invoice is received or the goods or services are received, inspected and approved. (f) If a payment is not available within 40 days, a separate interest penalty at the rate established pursuant to Section 55.03(1), Florida Statutes, per day will be due and payable, in addition to the invoice amount, to the Vendor. Interest penalties of less than one (1) dollar will not be enforced unless the Vendor requests payment. Invoices which have to be returned to a Vendor because of Vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. (g) A Vendor Ombudsman h~s been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline, 1- 800-848-3792. (h) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the COUNTY's general accounting records and the project records, together with supporting documents and records, of the COUNTY and all contractors and consultants performing work on the PROJECT, and all other records of the COUNTY and its contractors and consultants considered necessary by the DEPARTMENT for a proper audit of costs. (i) The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. (j) No funds received pursuant to this Agreement may be expended for lobbying the Legislature or a state agency. (k) The COUNTY shall not sublet, assign or transfer any work under this Agreement without the prior written consent of the DEPARTMENT. (1) The DEPARTMENT shall not be obligated or liable hereunder to any party other than A,..qENDA 4 d the COUNTY. (m) In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the COUNTY, and the making of such payment by the DEPARTMFNT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. (n) A person or affiliate who' has been placed on the convicted vendor list following a conviction for a public entity crime may' not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with- a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (o) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. (p) Unless otherwise specifically stated herein, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida. (q) This Agreement shall not be renewed. Any extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. 10. a) The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the COUNTY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors. b) If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of (i) immediately terminating the Agreement, or (ii) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (iii) take whatever action is deemed appropriate by the DEPARTMENT. 5 AGENDA ! ~'r..EM., No.,,, JUN 1 0 2003 Pg.., c) If the DEPARTM-F~NT requires termination of the Agreement for masons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract.price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the COUNTY. 1 I. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 12. a) To the extent allowed by Section 768.28, Florida Statutes, the COUNTY hereby agrees to indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liabilities of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the COUNTY, its officers, agents, employees or subcontractors or due to any negligent act or occurrence of omission or commission of the COUNTY, its officers, agents, employees or subcontractors. Neither COUNTY nor any of its officers, agents, employees or subcontractors will be liable under this section for the negligence of the DEPARTMENT or any of its officers, agents or employees. The parties agree that 1% of the total compensation to the COUNTY for performance of this Agreement is the specific consideration from the DEPARTMENT to the COUNTY for the COUNTY's indemnity agreement. b) The COUNTY agrees to include the following indemnification in all contracts with contractors/subcontractors, consultants/subconsultants who perform work in connection with this Agreement: "The contractor shall indemnify, defend, save and hold harmless the DEPARTMF2qT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents or employees. Neither the contractor, nor any of its officers, agents or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents or employees." 13. This Agreement shall continue in effect and be binding on the parties until the PROJECT is completed, final costs are known and le~slatively appropriated reimbursements, if approved, are made by the DEPARTMENT. 14. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of'e. qual dignity herewith. IN WITNESS WHEREOF the COUNTY has caused this Agreement to be executed in its behalf this ~ day of ,2003, by the Chairperson of the County Commission, authorized to enter into and execute same by Resolution Number of the Board on the day of ,2003, and the DEPARTMENT has executed this Agreement through its District Secretary for District One, Florida Department of Transportation, this ~ day of ,2003. COUNTY COMMISSION COI.I.rFR COUNTY, FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: TOM HENNING, CHAIRMAN DISTRICT SECRETARY ATTEST: ATTEST: By: ,(Seal) By: DEPUTY CLERK EXECUTIVE SECRETARY Legal Review: Legal Review: J~2QUEI.XNE HUBBARD ROBINSON ASSISTANT COUNTY ATTORNEY By:. DISTRICT !.EGAL COUNS~.~. 7 JUN 1 0 2003 Pg.__ F ,. RESOLUTION NO. 2003 A RESOLUTION AUTHORIZING THE COUNTY MANAGER TO ENTER 1NTO A JOINT PROJECT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR COMPLETION OF PHASE ONE OF THE COUNTYWIDE COMPUTERIZED TRAFFIC SIGNAL SYSTEM BY COLLIER COUNTY. WHEREAS, the Florida Department of Transportation, (hereinafter "FDOT"), has substantially completed all of the construction activities and field wiring necessary for installation of Phase One of the Collier County Computerized Traffic Signal System, and WHEREAS, the FDOT's contractor is ten months past the scheduled project completion date and is apparently unable to complete the system integration and implementation work associated with bringing the signal system under computer control and monitoring; and WHEREAS, Collier County is the maintaining agency for the traffic signals and the computerized signal system, including the communications cabling, and has entered into an agreement with the FDOT for maintenance and operation of these improvements; and WHEREAS, Collier County has refused to accept further central control center work that needs to be performed by the FDOT contractor and/or subcontractors because of deficiencies in previous control center work; and WHEREAS, Collier County has agreed to do the work necessary to complete the traffic signal system project to ensure the timely completion of the system, and the FDOT has agreed to pay Collier County up to the sum of $129,000 to do the said 'rrork. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION 1. The Board of County Commissioners authorize the entry into a Joint Project Agreement with the FDOT for necessary work to the traffic signal system to bring it online and operating in the manner designed. Said work to be pefforf~ed by Collier County with payment for same to be made to Collier County by the FDOT. A copy of the proposed Joint Project Agreement with the FDOT is attached hereto as Exhibit "A" to this Resolution. SECTION 2. The Clerk to the Board is hereby directed to forward a certified copy of this Resolution to the Florida Department of Transportation, Barrow, Florida. SECTION 3. This Resolution shall take effective immediately upon adoption. Page I of 2 ADOPTED by the Board of County Commissioners of Collier County, Florida at regular meeting assembled this 10~" day of June ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. By:,. TOM HENNING, Chairman Approved as to form and legal sufficiency:. ~t~cq. ueline Hubbard Robinson A~ssistant County Attorney Page 2 of 2 J U i~ I 0 7.0{)3 EXECUTIVE SUMMARY, ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $24.00 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1991 Solid Wast. e Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1991 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1991 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 3 accounts that have paid in full for the 1991 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $24.00, which is to be charged to (Fund 408) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 3 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign these 3 Satisfaction of Liens for the 1991 Solid Waste Collection Services Special Assessment Liens. NO.~ JUN 1 0 ~003 P~. / Prepared by: Reviewed by: Reviewed Approved by: Pam Calling, Revenue Supervisor Utility B~ng an.d Customer Service Teresa A. Riesen, Revenue Manager Utility Billing ~d _~t._o{~r, Service by:~ b~ator, lities D~'sion Date: Date: Date: .~'~/z-.~_ ") Date: ),G£NOA IT£~ / i JUN ! 0 2003 RESOLUTION NO. 2003- A RESOLI.mON APPROVING SATISFACTION OF UEN FOR CERTAIN ACCOUNT THAT HAVE PAID IN FULL THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1991 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 93-29, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 38700 Account No. 57752 Account No. 75255 This Resolution adopted this second and majority vote ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and leggy: /% David C. Wc~g~l County Attorney day of ., 2003, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN JUN 1 0 2003 PG. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 36325720000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Stall, Jefferson A 1833 Courtyard Way Naples, FL 33962-0000 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Ninety Nine Dollars and Sixteen Cents ($299.16), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 6 BLK 227 LOTS 1 & 2 OR 1109 PG 1012 Folio No. 36325280003 Project No. 60000 Account No. 038700 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2003. A'I-rEST: DWIGHT E. BROCK, CLERK Approved as to form a~cienc~......-~ / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN JUN ? 0 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 51040600008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Reifsnyder, Jess E 1215 Tyler Ave I mmokalee FL 341423424 The Lien was recorded on the 19rn day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and No Cents ($102.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: HULL HGTS BLK 2 LOTS 27 & 28 Folio No. 51040600008 Project No. 60000 Account No. 57752 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 12003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form. and le_~qal sufficiency RO'BEaT ~ARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN AGCNDA ~£N .0. //. I JUN I 0 2003 PG. ~ This instrument prepared by: Robert Zacha~ Assistant County Attomey Office of the County Attomey 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 62101880002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Johnson, Billy M 5444 Martin St Naples, FL 339620000 The Lien was recorded on the 19'~ day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Ninety Nine Dollars and Seventy Two Cents ($99.72) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ADD BLK 13 LOT 12 OR 788 PG 222 Folio No. 62101880002 Project No. 60000 Account No. 75255 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ~ 20O3. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form. and le~q53[~iciency BOARD Of COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TOM HENNING, CHAIRMAN .0. /4 JUN I 0 2003 PS. ~.~ EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $42.00 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1992 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 94-668 adopted by the Board on September 13, 1994 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-668 was recorded on September 19, 1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 6 accounts that have been paid in full for the 1992 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $42.00, which is to be charged to (Fund 408) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 6 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign these 6 Satisfaction of Liens for the 1992 Solid Waste Collection Services Special Assessment Liens. F;repared by: Reviewed by: Pam Cal, Jjs, Revenue Supervisor Utility.19111ing and Customer Service Teresa A. Riesen, Revenue Manager Utility Billing and Customer Service Reviewed by: ~-.,c~'~'~~tor '",- John A,~.~onkos~7'~irec ~ Utility B~ing ap, d. C[~t'~mer Service Approved by: /J~'rne~ W. DeLony, ~E., Administrator, Utilities Division Date: Date: Date: ,.~/-z../~._~ Date: ~'~/"/"'~'.f'~'~' NO. //~ ,,"_ oz-.. JUN ! 0 2003 RESOLUTION NO. 2003 - A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 19, 1994 adopted Resolution No. 94-668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessm3nts for 1992; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 23100 Account No. 52605 Account No. 89050 Account No. 90052 Account No. 109859 Account No. 153009 This Resolution adopted this second and majority vote. day of ., 2003, after motion, ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and leg a I_J..,I..,I_s[~: ~David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN JUN ! O 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 01144280002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Smith, Kenneth C P O Box 50 Everglades City, FL 339290000 The Lien was recorded on the 19rn day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred One Dollars and Forty Eight Cents ($201.48) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 18 52 30 S1/2 OF 1 AC. DES IN DB 24-524.5 AC. OR 1769 PG 696 Folio No. 01144280002 PROJECT NO. 61000 Account No. 23100 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __day of , 2003. A'I-rEST: DWIGHT E. BROCK, CLERK Approved as to form and~iency ROBERT 7_A/C A~RY BOARD Of COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TOM HENNING, CHAIRMAN AG[NDA [T£M ~ NO o._~_~_~.~ JUN ! 0 2003 PG, ,Z~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 3632572(X)00 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Stall, Jefferson A 1833 Courtyard Way Naples, FL 339620000 The Lien was recorded on the 19rn day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Two Dollars and Twenty Two Cents ($302.22) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 6 BLK 227 LOTS 1 + 2 OR 1109 PG 1012 Folio No. 36325720000 PROJECT NO. 61000 Account No. 52605 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ~ 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TOM HENNING, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 52651240005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Filostin, Louis Ocepha Polite P O Box 2049 Immokalee FL 339340000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: JOYCE PARK BLK C LOTS 5 & 6 OR 1389 PG 571 Folio No. 52651240005 PROJECT NO. 61000 Account No. 89050 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~day of · 2003. A'FI'EST: DWIGHT E. BROCK, CLERK Approved as to form an~ncy BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TOM HENNING, CHAIRMAN JUN 1 0 2OO3 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 53350240004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mills, Namcy E 1259 8th Ave N Naples, FL 339400000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LAKE KELLY UNIT 2 LOTS 7 & 8 OR 1297 PG 994 Folio No. 53350240004 PROJECT NO. 61000 Account No. 90052 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ~ 2003. A'I-rEST: DWIGHT E. BROCK, CLERK Approved as to form BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN AGE#p~ ITl:lq #0, ~Z_..~ JUN 1 0 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774- 8400 Property Folio No. 62101880002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Johnson, Billy M 5444 Martin St Naples, FL 339620000 The Lien was recorded on the 19~ day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ADD BLK 13 LOT 12 OR 788 PG 222 Folio No. 62101880002 PROJECT NO. 61000 Account No. 109859 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of · 2003. A'i-I'EST: DWIGHT E. BROCK, CLERK Approved as to form R¥ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 51040600008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF cOUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Reifsnyder ET UX, Jess E 1215 Tyler Ave Immokalee, FL 339340000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: HULL HGTS BLK 2 LOTS 27 & 28 OR 345 PG 837 Folio No. 51040600008 PROJECT NO. 61000 Account No. 153009 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ~ 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form RO'B ER'~,Z~C~iARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TOM HENNING, CHAIRMAN JUN 1 O 2003 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF UENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $48.00 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1993 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 7 accounts that have been paid in full for the 1993 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $48.00, which is to be charged to (Fund 408) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 7 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 7 Satisfaction of Liens for the 1993 Solid Waste Collection Services Special Assessment Liens. "' I JUN 1 0 2003 [ Pam Call~; Revenue Supervisor Utility/Bfl'ling and Customer Service Reviewed by: ~/~ ~ ~~'"'~ Teresa A. Riesen, Revenue Manager Utility Billing and Customer Service Reviewed by: ~,-.-.. k'~ r~~ John A~r~ko~'ky~;;;~e~ ~ Utility Bj~ng and~C~u~_.~ Service Approved by: ~~ J~arhes~CV. DeLony, P.E~, Administrator, tilities Division~ Date: Date: Date: Date: JUN 1 0 2003 RESOLUTION NO. 2003-__ A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the recording of notices of liens for thu delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfactions of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-694, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County Account No. 4381 Account No. 10773 Account No. 17747 Account No. 17909 Account No. 20624 Account No. 21856 Account No. 306322 This Resolution adopted this second and majority vote. day of , 2003, after motion, A'I-~ EST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal ff' ' David ~;. V~g~l County Attomey BY: TOM HENNING, CHAIRMAN I Ju, ozoo lq This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, FIodda 34112 (941) 774-8400 Property Folio No. 01144280002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Smith, Kenneth C P O Box 50 Everglades City, FL 339290000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred One Dollars and Forty Eight Cents ($201.48) plus accrued interest and penalties, if any, and imposes certain obligations against real proper~y situated in Collier County, Florida, described as follows: 18 52 30 Sl/2 OF 1 AC. DES IN OR 24 524.5 AC. OR 1769 PG 696 Folio No. 01144280002 Project No. 63000 Account No. 4381 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN AGENDA IT£1'~ ~ JUN I O 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 Property Folio No. 36325720000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Stall, Jefferson A 1833 Courtyard Way Naples, FI 339620000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Two Dollars and Twenty Two Cents ($302.22) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 6 BLK 227 LOTS 1 + 2 OR 1109 PG 1012 Folio No. 36325720000 Project No. 63000 Account No. 10773 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency ROB RI ZACHA.~Y TOM HENNING, CHAIRMAN AGENDA ITEM JUN 1 0 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 52651240005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Filostin, Louis Ocepha Polite P O Box 2049 Immokalee, FL 339340000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: JOYCE PARK BLK C LOTS 5 & 6 OR 1389 PG 571 Folio No. 52651240005 Project No. 63000 Account No. 17747 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency ROBERT Z~ C,H'~ R~Y .0._/&, JUN 1 0 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 53350240004 SATISFACTION OF UEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mills, Namcy E 1259 8~ Ave N Naples, FL 339400000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LAKE KELLY UNIT 2 LOTS 7 & 8 OR 1297 PG 994 Folio No. 53350240004 Project No. 63000 Account No. 17909 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. ATTEST: · _...~.~.:,; ~ DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency RO/BER~'ZACHARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TOM HENNING, CHAIRMAN AG,[NDA IT£# ~ ! JUN 1 D 2003 ,G ....... Z_._ ....... _! This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 60181720003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Toombs, Allen C=& Merline P O Box 654 Immokalee FL 339340000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MILLERS PARK BLK 3 S 25FT OF LOT 15, LESS E 20FT & LOT t6, LESS E 20FT OR 1495 PG 79 Folio No. 60181720003 Project No. 63000 Account No. 20624 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROBER~F ~RY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN __ AG~.NOA IT£1'~ ~ / JUN 0 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62101880002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Johnson, Billy M 5444 Martin St Naples, FL 339620000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ADD BLK 13 LOT 12 OR 788 PG 222 Folio No. 62101880002 Project No. 63000 Account No. 21856 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency RC~BER¥ Z.,~ H~'R y BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN JUN 1 0 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 51040600008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Reifsnyder ET UX, Jess E 1215 Tyler Ave Immokalee, FL 339340000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: HULL HGTS BLK 2 LOTS 27 & 28 OR 345 PG 837 Folio No. 51040600008 Project No. 63000 Account No. 306322 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN ~-_...~._~,~.-.~* JUN 1 O 2003 PG. EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $54.00 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 8 accounts that have been paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $54.00, which is to be charged to (Fund 408) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDA'L'ION: That the Board of County Commissioners adopt the attached Resolution approving the 8 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 8 Satisfaction of Liens for the 1994 Solid Waste Collection Services Special Assessment Liens. ~G[~A ITEm, ! .0.. JUN 0 2003 PC,., / Pam Calli,~, Revenue Supervisor Utility B)4fling an, d Customer Service Reviewed by: /"~ ~'! T~r"esa A. Riesen, Revenue Manager Utility Billing and Customer Service Reviewed by: ~,. Yon~re~ JOhutilil .-IB..~_~ii~n.g~l~ ~/.u~d_.[~er Service Approved by: ..//Jam~ s W. DeLony,.~y., .P/E.,P , Administrator, (' Publ Utilities Dw~s~on Date: Date: Date: JUN RESOLUTION NO. 2003- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 3447. Account No. 4381. Account No. 9289 Account No. 10184 Account No. 16861 Account No. 20323 Account No. 20815 Account No. 25836 This Resolution adopted this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK day of , 2003, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and County Attorney BY: TOM HENNING, CHAIRMAN JUN ! 0.2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attomey 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property FoLio No: 01144280002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Smith, Kenneth C P O Box 50 Everglades City FL 339290000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Eight Dollars and Seventy Four Cents ($208.74), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 18 52 30 S1/2 OF 1 AC. DES IN DB 24-524.5 AC. OR 1769 PG 698 Folio No. 01144280002 Project No. 64000 Account No. 3447 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form a~cy BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By TOM HENNING, CHAIRMAN AG~DA ~T£1~ · ,o. II, d. uF-' JUN O 2003 PG. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No: 56401960007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Martinez, Salvador=& Antonia 312 Price Ave Immokalee FL 339340000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Eighty Dollars and Four Cents ($80.04), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MAINLINE SUB W35FT OF S 94.58FT OF E462FT OF TR A OR 850 PG 1269 Folio No. 56401960007 Project No. 64001 Account No. 4381 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this__ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK APproved as to form /( /~--~ R (~ B E-'I'I'I'I'I'I'I'I'I~T ,,~_,~, H A R y BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By TOM HENNING, CHAIRMAN · NO. /&¢_. c_~_~_ JUN I 0 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No: 36325720000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Stall, Jefferson A 1833 Courtyard Way Naples, FL 339620000 The Lien was recorded on the 14TM day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the princ, ipal sum of Three Hundred Thirteen Dollars and Eleven Cents ($313.11 ), plus accrued interest penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT6 BLK 227 LOTS 1 +2 OR 1109 PG 1012 Folio No. 36325720000 Project No. 64000 Account No. 9289 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form a~en~ RO~/BE~RT ~' H~ARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By TOM HENNING, CHAIRk'AN JUN 1 0 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No: 36561000005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Avila, Francisco=& Ana Maria P.O Box 131 Apo Miami FI 340020000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37), plus accrued interest penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 8 PART 2 BLK 281 LOT 7 OR 1074 PG 1176 Folio No. 36561000005 Project No. 64000 Account No. 10184 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this__ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form a~ncy BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By TOM HENNING, CHAIRMAN JUN O03 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 Property Folio No: 53350240004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mills, Namcy E 1259 8t~ Ave N Naples, FL 339400000 The Lien was recorded on the 14~ day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LAKE KELLY UNIT 2 LOTS 7 & 8 OR 1297 PG 994 Folio No. 53350240004 Project No. 64000 Account No. 16861 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as t~lerm a n~LJ~Ce~ ency ~--~ RdB E~IT :~'HARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By TOM HENNING, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No: 62040560001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Greenlin~, George=& Nancy H 2022 44u' Terrace Naples FL 339990000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37), plus accrued interest penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR UNIT 1 BLK 2 LOTS 5 & 6 OR 1600 PG 584 Folio No. 62040560001 Project No. 64000 Account No. 20323 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this__ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form an.~~/././ncy RO~ER'I: Z~C'HA RY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By TOM HENNING, CHAIRMAN NO./,~...~._ JUN 1 0 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No: 62150560506 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Morales, Reinol 5237 Warren St Naples, FL 339620000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37), plus accrued interest penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ANNEX BLK 2 LOT 10 OR 1493 PG 24 Folio No. 62150560506 Project No. 64000 Account No. 20815 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2003. ATTEST: DWIGHT E. BROCK, CLERK .Approved as to form BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By TOM HENNING, CHAIRMAN AG£elDA [T£,/ N0. //.~ ~- JUN I 0 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No: 69004500356 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Raphael, Hartwig G=& Jutta F IM Eichholz W-73345 Deggingen 2 Germany The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37), plus accrued interest penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: QUEENS PARK AT LAGO VERDE PH 4 LOT 103 OR 1785 PG 2041 Folio No. 69004500356 Project No. 64000 Account No. 25836 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK · ~ Approved as to form an d I.n,.~[.,~ency RO~ER~ 7.,A/C~ A RY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By TOM HENNING, CHAIRMAN JUN 1 0 2003 .G. // EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $100.50 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 15 accounts that have been paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $100.50, which is to be charged to (Fund 408) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 15 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 15 Satisfaction of Liens for the 1995 Solid Waste Collection Services Special Assessment Liens. Prepared by: Reviewed by: Pam Callis,,,~evenue Supervisor Utility Bi, l~hg. and Customer Service Tc=(-r~s'a A. Riesen, Revenue Manager Utility Billing and Customer Service Reviewed by' ~e',~'v · John ~YonkoS-~-'""Di~tor~ ~ity~i? ~d ~her~Service Approved by:,.,~:~ '[-~-~-~"~7 ' 'r ~ Oa~_es..vv.. DeLony, p,,,E., Administra[o, ,~lic Utilities Divisibn Date: Date: Date: Date: AGi~NOA ZT£N JUN I 0 2003 RESOLUTION NO. 2003- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier Cou'nty Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000-236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 3706 · Account No. 4763 Account No. 9768 Account No. 10618 Account No. 14274 Account No. 15480 Account No. 15794- Account No. 18050 ' Account No. 20695 ' Account N. 21542 Account No. 21979 Account No. 26246 Account No. 27407 Account No. 27449 Account No. 28396 This Resolution adopted this __ motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficie ' David C. Weigel - County Attorney day of , 2003, after BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN NO o ..~.~._~_ JUN I 0 2003 PG. ~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 01144280002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Smith, Kenneth C PO Box 50 Everglades City FL 341390050 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Five Dollars and Seventy Eight Cents ($205.78), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 18 52 30 S1/2 OF 1 AC. DES IN DB 24-524.5 AC. OR 1769 PG 696 Folio No. 01144280002 Project No. 65000 Account No. 3706 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. A'I-I'EST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN ! JUN 1 0 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 24981360007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Bartholf, Susan P 1840 Holiday Ln Naples, FL 341044223 The Lien was recorded on the 8:n day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: BROOKSIDE UNIT 3 PLAT 2 BLK F LOT 10 Folio No. 24981360007 Project No. 65000 Account No. 4763 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2003. A'FI-EST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN AGENDA ZTEM j JUN I 0 2003 PG.~ This instrument prepared by'. Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 Property Folio No. 36325720000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Stall, Jefferson A 1833 Courtyard Way Naples, FL 341129309 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Eight Dollars and Sixty Seven Cents ($308.67), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 6 BLK 227 LOTS 1 + 2 Folio No. 36325720000 Project No. 65000 Account No. 9768 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of .2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency R(~B E'R"f ZA~ H'A R Y BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TOM HENNING, CHAIRMAN AGENDA ITEM f NO. /~ Zt JUN 1 O 2003 7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36561000005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Avila, Francisco=& Ana Maria P O Box 131 Miami FL 340020000 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 8 PART 2 BLK 281 LOT 7 OR 1074 PG 1176 Folio No. 36561000005 Project No. 65000 Account No. 10618 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN .o. /& C JUN I 0 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 38506920009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Edter, Bernice 57 Crescent Hills Dr St Peters MO 633760000 The Lien was recorded on the 8t~ day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 36 E 150 FT OF TR 85 Folio No. 38506920009 Project No. 65000 Account No. 14274 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2003. A'I-I'EST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TOM HENNING, CHAIRMAN This instrument precared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 40929640006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Figueroa, Rogelio=& Marta J 431 Everglades Blvd S Naples FL 341173760 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County. Florida, described as follows: GOLDEN GATE EST UNIT 81 N 75FT OF S 150FT OF TR 88 Folio No. 40929640006 Project No. 65000 Account No. 15480 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2003. Al-rEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN JUN I 0 2003 This instrument prepared by: Robert Zachary Assistant Counly Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 41880160006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Spring, William J 1091 Cakes Blvd Naples, FL 341191374 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 96 N 165 FT OF TR 8 LESS THE W 24.21 FT Folio No. 41880160006 Project No. 65000 Account No. 15794 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN This instrument prepared by. Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 53350240004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mills, Namcy E 1259 8~ Ave N Naples, FL 341025619 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LAKE KELLY UNIT 2 LOTS 7 & 8 OR 1297 PG 994 Folio No. 53350240004 Project No. 65000 Account No. 18050 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency RO ERT Z~I'-I'ARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN ,0. ¢_... JUN ! 0 2003 PG.,, This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 60181720003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Toombs, Merline PO Box 654 Immokalee FL 341430654 The Lien was recorded on the 8t* day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MILLERS PARK BLK 3 S 25FT OF LOT 15, LESS E 20FT + LOT 16, LESS E 20FT + LOT 16, LESS E 20FT OR 1495 PG 79 Folio No. 60181720003 Project No. 65000 Account No. 20695 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROE[ERT-"ZACH~ClY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TOM HENNING, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 Property Folio No. 62040560001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Greenling, George=& Nancy H 2022 44TM Ter SW Naples FL 341166442 The Lien was recorded on the 8~h day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR UNIT 1 BLK 2 LOTS 5 + 6 OR 1600 PG 584 Folio No. 62040560001 Project No. 65000 Account No. 21542 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN A?~A ITEN f JUN I 0 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62101880002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Johnson, Billy M 5444 Martin St Naples FL 341137820 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ADD BLK 13 LOT 12 OR 788 PG 222 Folio No. 62101880002 Project No. 65000 Account No. 21979 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2003. ATTEST: ~IGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROE~ERT ~C~A~Iy BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 67183480001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Argenta Realty Corp 6556 Tamiami TRL N Naples FL 341082742 The Lien was recorded on !he 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County. Florida, described as follows: PINE RIDGE BLK C LOT 38 Folio No. 67183480001 Project No. 65000 Account No. 26246 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, CLERK -"BOARD OF"'~OUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency By:. TOM HENNING, CHAIRMAN JUN 1 0 2003 PG .... //. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 69004500356 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Raphael, Hartwig G=& Jutta F IM Eichholz 73345 Deggingen 2 Germany The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Ftorida, described as follows: QUEENS PARK AT LAGO VERDE PH 4 LOT 103 OR 1785 PG 2041 Folio No. 69004500356 Project No. 65000 Account No. 27407 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. A'I-I'EST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TOM HENNING, CHAIRMAN ,JUN ! 0 2003 ~,G. /7 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiam[ 'Frail Naples, Florida 34112 (941) 774-8400 Property Folio No. 69141840005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Von Staudach, Matthew L Grace Von Staudach 1010 Lindendale Dr Pittsburgh PA 152431936 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: REGENT PARK REPLAT BLK 1 LOT 43 OR 1398 PG 551 Folio No. 69141840005 Project No. 65000 Account No. 27449 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2003. ATTEST: BOARD OF COUNTY COMMISSIONERS- .. '-:" DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Approved as to form and legal suff~ By:. TOM HENNING, CHAIRMAN AGENDA ITEM/ JUN 1 0 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 74413880005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Freeman ET UX, Joseph 3504 Cherokee ST Naples FL 341125902 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SOUTH TAMIAMI HGTS BLK F S 15FT OF LOT 6 + LOT 5 OR 502 PG 114 Folio No. 74413880005 Project No. 65000 Account No. 28396 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. ATTEST: '~' ' DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $135.00 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-237 adopted by the Board on August 8, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 19 accounts that have been paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $135.00, which is to be charged to (Fund 408) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 19 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 19 Satisfaction of Liens for the 1996 Solid Waste Collection Services Special Assessment Liens. JUN I 0 2003 Prepared by: Reviewed by: Reviewed by: Approved by: Pam Calli~, Revenue Supervisor Utility Bj~fing and,Customer Service T~sa A. Riesen, Revenue Manager Utility Billing and Customer Service John A. 1 :)'nkosky, ~or .-/ Utility Bi¢ ~g and Cu~tox~ervice Ja~s V~ DeLony, P.E., A~inistrator, lities Division Date: ~"-~% ~,~,~, Date: ~///F~''~ Date: JUN ! O 2003 RESOLUTION NO. 2003- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier Counh/ Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COL.:LIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000-237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 3188 Account No. 3874' Account No. 5461 Account No. 6457 Account No. 10579 Account No. 11507. Account No. 15794 Account No. 17598- Account No. 19868 JUN 1 0 2003 Account No. 23595 Account No. 24183 Account No. 24235 Account No. 24329 Account No. 25221 Account No. 28723 Account No. 29175 Account No. 29997 Account No. 31273 Account No. 31435 This Resolution adopted after this __ motion, second and majority vote. day of ,2003 after DATED: A'I-I'EST: DWIGHT E. BROCK, CLERK BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN Approved 'as to form and Da~vid~. We~J~f County Attorney' JUN I 0 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 40746360006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Sepesi, Louis 4311 6th Ave NE Naples FL 341209047 The Lien was recorded on the 8TM day of August, 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seventy Eight Dollars and Ten Cents ($78.10) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: GOLDEN GATE EST UNIT 78 W 150FT OF TR 79 Folio No. 40746360006 Project No. 66001 Account No. 3188 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN JUN 1 0 003 PG. This instrument prepared by: Robert Zachary ,~.ssistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 01144280002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Smith, Kenneth C PO Box 50 Everglades City FL 341390050 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Eight Dollars and Twenty Six Cents ($208.26) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 18 52 30 S1/2 OF 1 AC. DES IN DB 24-524.5 AC. OR 1769 PG 696 Folio No. 01144280002 Project No. 66000 Account No. 3874 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency R~RY / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TOM HENNING, CHAIRMAN .o.. JUN 1 0 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 26530720009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Fergunson, Patricia R Nancy E Mills 4482 Burton Rd Naples FL 341044766 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: COCONUT CREEK UNIT 3 BLK B LOT 6 AND W 4FT OF LOT 7 Folio No. 26530720009 Project No. 66000 Account No. 5461 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. A'I'TEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROBERT ZACHARY ---- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 30681200008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Valdez, Ruth G Eliazar Valdez 1212 N 18th St Immokalee FL 341422146 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: EDEN PARK BLK 2 LOT 2 OR 794 PG 265 Folio No. 30681200008 Project No. 66000 Account No. 6457 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. A'CrEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN JUN 1 0 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36325720000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Stall, Jefferson A 1833 Courtyard Way Naples FL 341129309 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Twelve Dollars and Thirty Nine Cents ($312.39) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT6 BLK 227 LOTS 1 & 2 Folio No. 36325720000 Project No. 66000 Account No. 10579 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TOM HENNING, CHAIRMAN &C~ NDA ITEl,I/ JUN 1 0./.003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36561000005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Avila, Francisco=& Aha Maria P O Box 131 Miami FL 340020000 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 8 PART 2 BLK 281 LOT 7 OR 1074 PG 1176 Folio No. 36561000005 Project No. 66000 Account No. 11507 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. A'FI'EST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN JUN 1 0 ZOO3 / PG. I O _ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 38506920009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Edler, Bernice 57 Crescent Hills DR St Peters MO 633760000 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: GOLDEN GATE EST UNIT 36 E 150 FT OFTR 85 Folio No. 38506920009 Project No. 66000 Account No. 15794 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN JUN ! 0 ?.003 ~,r~___LL__ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 41880160006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Spring, William J 1091 Oakes Blvd Naples, FI 341191374 The Lien was recorded on the 6TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 96 N 165 FT ©FTR 8 LESS THE W 24.21 Hr' Folio No. 41880160006 Project No. 66000 Account No. 17598 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ., 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROBIRT ZACHARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN JUN 1 0 2003 ~c. / .A.-. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 53350240004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mills, Namcy E 1259 8th Ave N Naples FL 341025619 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LAKE KELLY UNIT2 LOTS 7 & 8 OR 1297 PG 994 Folio No. 53350240004 Project No. 66000 Account No. 19868 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN A~NOA ITEN/ JUN 1 0 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62040560001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Greenling, George=& Nancy H 2022 44~ TER SW Naples FL 341166442 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR UNIT 1 BLK 2 LOTS 5 + 6 OR 1600 PG 584 Folio No. 62040560001 Project No. 66000 Account No. 23595 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 20031 ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROBERT Z,A/C~.IA R Y BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN J U N 1 0 200,t This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62100240009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Martinez, Marlo=& Maria L 3229 Collee Ct Naples FL 341125917 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ADD BLK 12 LOT 5 OR 1959 PG 2156 Folio No. 62100240009 Project No. 66000 Account No. 24183 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. A'I-I'EST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN AGE#OA ][T[N · JUN 1 0?003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62101880002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Johnson, Billy M 5444 Martin St Naples FL 341137820 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ADD BLK 13 LOT 12 OR 788 PG 222 Folio No. 62101880002 Project No. 66000 Account No. 24235 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. A'I-I'EST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROBERT ZA(2F:JARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TOM HENNING, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62150560506 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Morales, Reinol 5237 Warren ST Naples FL 341138746 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ANNEX BLK 2 LOT 10 OR 1493 PG 24 Folio No. 62150560506 Project No. 66000 Account No. 24329 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:, TOM HENNING, CHAIRMAN A~.I[ I~II)A JUN 1 0 20O3 PG. t7 ..... This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attomey 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62416160006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Wedlock, Kevin M 856 104th AVE N Naples FL 341083231 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 1 BLK 8 LOT 46 Folio No. 62416160006 Project No. 66000 Account No. 25221 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. A'FTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TOM HENNING, CHAIRMAN AGENDA I T£1~. 'l JUN 1 0 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 67183480001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Argenta Realty Corp 6556 Tamiami TRL N Naples FL 341082742 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PINE RIDGE BLK C LOT 38 Folio No. 67183480001 Project No. 66000 Account No. 28723 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN AG~,N~ A ZT£~ JUN I 0 2003 .G../? This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 67985000223 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Glass, James O=& Mary J 958 Kumukoa ST Hilo HI 967204029 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PLANTATION HOMES A CONDOMINIUM BLDG C-200 OR 1652 PG 1973 Folio No. 67985000223 Project No. 66000 Account No. 29175 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2003. CLERK Approved as to form and legal sufficiency BOABJD OF.COUNTY COMMISSIONERS By: TOM HENNING, CHAIRMAN .o.. /(~ , JUN I 0 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 69004500356 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Raphael, Hah'wig G=& Jutta F IM Eichholz 73345 Deggingen 2 Germany The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: QUEENS PARK AT LAGO VERDE PH 4 LOT 103 OR 1785 PG 2041 Folio No. 69004500356 Pr~ect No. 66000 Account No. 29997 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2003. ATTEST:- DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROBERT ZACHARY BOARD ~(~F CO~ coM~NERS COLLIER COUNT~, FLORIDA By:. TOM HENNING, CHAIRMAN JUN I 0 2003 This instrument prepared by: Robert Zachanj Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 74413880005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the ~BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA was the owner and holder of a certain Lien against: Freeman ET UX, Joseph 3504 Cherokee ST Naples FL 341125902 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SOUTH TAMIAMI HGTS BLK F S 15FT OF LOT 6 + LOT 5 OR 502 PG 114 Folio No. 74413880005 Project No. 66000 Account No. 31273 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2003. ,ATTEST: DWIGRT'E. BROCK, CLERK' Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSION ERS COLLIER COUNTY, FLORIDA By:. TOM HENNING, CHAIRMAN AG£NDA IT[l'l ~, JUN 1 0 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 Property Folio No. 74960320005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Lieberfarb TR, Stanley 801 12t' AVE S Naples FL 341027336 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: STORTER LOT 8 + OUTLOT B OR 1336 PG 2383 Folio No. 74960320005 Project No. 66000 Account No. 31435 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2003. A'I-FEST: DWIGHT E, BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN JUN 1 0 2003 EXECUTIVE SUMMARY BOARD APPROVAL OF A BUDGET AMENDMENT RECOGNIZING POSITIVE CARRY FORWARD VARIANCE IN THE WATER POLLUTION CONTROL FUND (114) IN THE AMOUNT OF $444,400 OBJECTIVE: Board approval of a budget amendment recognizing a positive carry forward variance of $444,400 in the Water Pollution Control Fund (114). CONSIDERATIONS: As part of the annual budget process, available carry forward revenue within each fund is projected. Variances in budgeted and actual carry forward are recognized via budget amendment. The Pollution Control Department has a positive carry forward of $444,400. It is proposed that the carry forward be appropriated as follows: · Building improvements for the laboratory air handler. $50,000 · Computer for groundwater remodeling of wellfields. $5,000 Operational carry forward appropriations: · Minor operating supplies to operate the Quadrupole Inductively Coupled Plasma Mass Spectrometer (ICP) and the Gas Chromatography Mass Spectrometer (GC- MS) laboratory equipment. $20,300 · Travel arrangements and training for the ICP and the GC-MS laboratory equipment. $4,500 The Balance of $364,600 will be placed in reserve for contingencies. FISCAL IMPACT: Funds are available in the Water Pollution Control Fund (114). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners recognize the appropriate carry forward and approve the budget amendment. ne. JUN I 0 2003 pC,, / Executive Summary Page 2 SUBMITTED BY: Cor~lis~;Opemtions Supervisor Pollution Control & Prevention Department flay Smith, Dire~or Pollution Control & Prevention Department APPROVED BY: ~~~----'/~ r /,,~am~s W._D.eLo_ny, p:E//Administrato ,ffM~c Utilities Divisi~fn Date: Date: Date: EXECUTIVE SUMMARY AUTHORIZATION TO EXECUTE AND RECORD SATISFACTIONS FOR CERTAIN WATER AND/OR SEWER IMPACT FEE PAYMENT AGREEMENTS. FISCAL IMPACT IS $229.50 TO RECORD THE SATISFACTIONS. OBJECTIVE: Approval of and authorization for the Chairman to execute satisfactions for agreements to extend installment payment of water and/or sewer system impact fees. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as Ex-Officio the Governing Board of the Collier County Water Sewer District, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees executed by: SEE ATTACHED EXHIBIT "A" Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Satisfaction of these agreements has increased the cash flow in the water impact fee (Fund 411) by $5,825.00 and sewer impact fee (Fund 413) by $144,469.91. The fiscal impact for recording the Satisfaction of Liens is approximately $229.50, which is to be charged to (Fund 408) the County Water/ Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled. Authorize the Chairman to execute the Satisfaction of Notice of Promise to Pay ~n~r,,t. ~ J U N 1 0 Prepared by: ~ Pam Callis~ Revenue Supervisor Utility B~ng and/C. TCustomer Service Reviewed by: Teresa A. Riesen, Revenue Manager Utility Billing and Customer Service Reviewed by: John A. Yet ~osky, ~tor Utility !~11i~4 .~¢ 'C,u~.,mer Served ,..roved ?;~ Jams W. DeLony, ~/~E., Administrator, . 'ic Utilities Divis1'on Date: Date; Date: ~'¢'~,~ ~P JUN ! 0 2003 EXHIBIT "A" Pa2e 1 10. Everardo Arreguin and Audelia Arreguin, husband and wife, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66). Folio #26631080004 Edward M. Astraitis and Gale D. Astraitis, husband and wife, securing the principal balance of two thousand forty five dollars and sixty nine cents ($2,045.69). Folio #24981160003 Justine Batten, a widow (Seller) Michael J. Aultman and Patricia A. Aultman, husband and wife, (Buyer), securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05). Folio #63502360007 Lloyd L. Bowein, a single man, securing the principal balance of sixteen thousand four hundred eighty dollars and no cents ($16,480.00). Folio #71781320009 Sandra S. Combs, Trustee under the Elhanon Combs Trust, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05). Folio #51694000009 Flora B Cross, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #81630520005 Cheryl L. Dynice, agent for A.A. Amrhein, Trustee, securing the principal balance of one thousand five hundred dollars and thirty cents ($1,500.30). Folio #62041440007 Russell Lee Goldman and Lola Mae Goldman, husband and wife, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66). Folio #81731080004 George Faccone, securing the principal balance of one thousand eight hundred dollars and no cents ($1,800.00). Folio #67493600005 Fenton Davis Painting Inc., a Florida corporation, securing the principal balance of two thousand two hundred forty dollars and no cents ($2,240.00). Folio ~00255088107 EXHIBIT "A" Page 2 11. Rosemarie Fleet, a single person, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio g48486360009 12. Jesus Garcia and Isidora P. Garcia, husband and wife, securing the principal balance of one thousand one hundred twelve dollars and seven cents ($1,112.07). Folio #62251920003 13. Ramon Gonzalez and Martha Gonzalez, husband and wife, Grantors to Andrea Ramirez, a single person Grantee, securing the principal balance of one thousand one hundred ninety six dollars and twenty cents ($1,196.20). Folio g00769880008 14. Joseph E. Jackson and Lorry K. Jackson, husband and wife, securing the principal balance of three thousand nine hundred twenty dollars and no cents ($3,920.00). Folio #67080800001 15. Elaina Sue Iverson Johnson, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66). Folio #61431320000 16. Kurt W. Kramer, a single man, secunng the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66). Folio #61431160008 17. Abelardo Martinez, securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00). Folio #00276000009 18. Robert C. Moates and B. Jane Moates, husband and wife, as joint tenants with right of survivorhsip, securing the principal balance of five thousand five hundred seventy five dollars and no cents ($5,575.00). Folio #00240320003 19. Robert C. Moates, individually and as Trustee, securing the principal balance of two thousand two hundred forty dollars and no cents ($2,240.00). Folio g00246800006 20. Robert C. Moates and B. Jane Moates, husband and wife, asjoin tenants with right of survivorship, securing the principal balance of two thousand two hundred forty dollars and no cents ($2,240.00). Folio g00240320003 AGE NDe. IT[M ~ JUN i 0 2003 PG. EXHIBIT "A" Pace 3 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Russell D. Muller and Delia Ramos, now Delia Muller his wife, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1,259.66). Folio #81731560003 Paul E. Oren, a widower, formerly known as Paul E. Oren and Marsha A. Oren, husband and wife, securing the principal balance of two thousand two hundred forty dollars and no cents ($2.240.00). Folio g00242280002 Mafia Padilla, a single person, and Mafia Valencia, a single person, and Miguel Godinez, a single person, each as to an undivided 1/3 interest, as joint tenants with full rights of survivorship, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75). Folio #62254360000 Jeff S. Player, individually & Laurie E. Player Jr., as tenants in common (per Jeff S. Player, Laurie E. Player Jr., is a fugitive from the law and cannot sign), securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75). Folio//00271000004 Principle Ventures., a Florida Corporation, securing the principal balance of sixteen thousand five hundred twenty dollars and no cents ($16,520.00). Folio #82641240001 Joann Primavera, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #81627680000 R.O.P., Inc, securing the principal balance of five thousand five hundred dollars and no cents ($5,500.00). Folio #6960.0040003 Charles E. Smitley and Hamett Smitley, Husband and Wife, securing the balance of six hundred forty five dollars and no cents ($645.00). Folio #51590280004 Joseph J. Spagnola and Edwinna M. Spagnola, husband and wife, securing the balance of one thousand five hundred dollars and seventy five cents ($1,500.75). Folio #61780160005 George Vega, Jr., Thomas R. Brown, John F. Stanley, and Lawrence D. Martin, an undivided 25% interest in each, securing the principal balance of sixty six thousand eight hundred forty dollars and no cents ($66,840.00). Folio #61842240009 2003 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Everardo Arreguin and Audelia Arreguin, husband and wife Whose mailing address is 3961 Coconut Cir N Naples, FL 34104 Bearing the date of the 22nd day of June, 1992, recorded in Official Record Book 1728 Page(s) 001524, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Two Hundred Fifty Nine Dollars and Sixty Six Cents ($1,259.66) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 3, BLOCK D, COCONUT GROVE UNIT 2, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 26631080004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledCe that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUN'F'Y AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TOM HENNING, CHAIRMAN N0.~ JUN 1 0 2003 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY TH['SE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Edward M. Astraitis and Gale D. Astraitis, husband and wife Whose mailing address is 1794 Holiday Lane Naples, FL 33942 Bearing the date of the 25th of October, 1995,recorded in Official Record Book 2114 Page(s) 1809 in the Office of the Clerk of Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Two Thousand Forty Five Dollars and Sixty Nine Cents ($2,045.69) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5, BLOCK F, BROOKSIDE, UNIT 3, PLAT NO.2, ACCORDING TO PLAT IN PLAT BOOK 3, PAGE 99, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 24981160003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal 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 TOM HENNING, CHAIRMAN AG£NOA ] T£M e,~ JUN 1 0 ;?003 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Justine Batten, a widow (Seller) Michael J. Aultman and Patricia A. Aultman, husband and wife, (Buyer) Whose mailing address is 3433 Estey Ave Naples, FL 33942 Bearing the date of the 5th day of May, 1993, recorded in Official Record Book 1824 Page(s) 000889, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Two Hundred Sixty Dollars and Five Cents ($1,260.05) plus accrued interest ano penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 19, BLOCK D, NAPLES VILLAS, ACORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 63502360007 Collier County a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. A1-FEST: DWIGHT E. BROCK, CLERK Approved as to form and legal 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 TOM HENNING, CHAIRMAN NO. d_ /~ JUN 1 0 2Q03 PC,. g .. Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Lloyd L. Bowein, a single man Whose mailing address is 3367~3389 Bayshore Dr. Naples, FL 33962 Bearing the date of the 25th day of February 1992, recorded in Official Record Book 1691 Page(s) 000410, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Sixteen Thousand Four Hundred Eighty Dollars and No Cents ($16,480.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 1 & 2, BLOCK C, SABAL SHORES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 37, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 71781320009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal RO~ER~ZAC~F(Y day of ,2003. 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 TOM HENNING, CHAIRMAN I 1 0 2003 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Sandra S. Combs, Trustee under the Elhanon Combs Trust Whose mailing address is 2348 Jackson Ave Naples, FL 34112 Bearing the date of the 14th day of October, 1993, recorded in Official Record Book 1875 Page(s) 000481, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Two Hundred Sixty Dollars and Five Cents (S1,260.05) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: INOMAH, BLOCK K, LOT 6, ACCORDING TO PLAT THEREOF AS RECORDED AT PLAT BOOK 2, PAGE 82 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 51694000009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Cour[ is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal day ~ ,2003. 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 TOM HENNING, CHAIRMAN JUN 1 0 2003 P~. Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-840O SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Flora B Cross Whose mailing address is 280 Indian Key Ln Naples, FI. Bearing the date of the 26th day of June, 2000,recorded in Official Record Book 2766 Page(s) 0834, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT No. 263, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM AS MORE FULLY SHOWN IN OFFICIAL RECORD BOOK 630, PAGES 1883 THROUGH 1932, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TOGETHER WITH ALL UNDIVIDED INTERESTS IN A THE COMMON ELEMENTS OR SURPLUSES ACCRUING TO SAID PROPERTY. FOLIO NUMBER: 81630520005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal ROi~ER~ Z.~H~ R Y 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 TOM HENNING, CHAIRMAN No. /,G ~ JUN 1 0 2003 ~,~. I/ Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Cheryl L. Dynice, agent for A. A. Amrhein, Trustee Whose mailing address is 5311 Dixie Dr Naples, FL 33962 Bearing the date of the 22nd day of June, 1992, recorded in Official Record Book 1728 Page(s) 001516, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Five Hundred Dollars and Thirty Cents ($1,500.30) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 8 BLOCK 3, NAPLES MANOR, UNIT 1, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 3, PAGE 57, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 62041440007 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal day of ,2003. 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 TOM HENNING, CHAIRMAN AG~.~DA !TEN . ,0. //,, ~ JUN 1 § 2003 PG. Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: George Faccone Whose mailing address is 4007 - 4009 Rose Ave Naples, FL 33962 Bearing the date of the 14th day of October, 1993, recorded in Official Record Book 1875 Page(s) 000501, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Eight Hundred Dollars and No Cents ($1,800.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 41, BLOCK B, PINE VIEW VILLAS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 9, PAGE 49, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 67493600005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal RO~ E R:f~Z. ACI--~ Ff~ 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 TOM HENNING, CHAIRMAN AG[7~ ITEM NO. d'_ JUN 1 0 2003 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE T° PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Fenton Davis Painting Inc., a Florida corporation Whose mailing address is 5900 Taylor Road Naples, FL 34109 Bearing the date of the 14th day of October, 1993, recorded in Official Record Book 1875 Page(s) 000445, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Two Thousand Two Hundred Forty Dollars and No Cents ($2,240.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PARCEL 1 COMMENCING AT THE WEST QUARTER CORNER OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, RUN NORTH 89°-30'-40'' EAST ALONG THE EAST WEST QUARTER LINE 283.82 FEET TO A POINT IN THE CENTER OF A 60 FOOT WIDE RIGHT-OF- WAY (TAYLOR ROAD; THENCE RUN SOUTH 05°-09'-50'' EAST 164.92 FEET TO THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED; THENCE CONTINUE ALONG CENTERLINE OF SAID 60 FOOT ROAD 100.00 FEET TO A POINT; THENCE RUN NORTH 89°-31'-30" EAST 355.88 FEET TO A POINT; THENCE RUN NORTH 00°-24'-46'' WEST 99.44 FEET TO A POINT; THENCE RUN SOUTH 89°-31'-30" WEST 364.27 FEET TO THE POINT OF BEGINNING, LESS THE WESTERNLY 30 FEET FOR A ROADWAY. FOLIO NUMBER: 00255088107 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknrwledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. JUN 1 0 2003 PG. , /¢ ,,. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal RdBER¥ 7_.A~H,~RY 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 TOM HENNING, CHAIRMAN Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Rosemarie Fleet, a single person Whose mailing address is 37 North Olney Street Johnston, RI 02919 Bearing the date of the 25th day of May, recorded in Official Record Book 2563 Page(s) 3356, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: THAT CERTAIN CONDOMINIUM PARCEL COMPOSED OF UNIT NO.H- 304, GULF WINDS EAST, A CONDOMINIUM, AND AN UNDIVIDED SHARE IN THE COMMON ELEMENTS APPURTENANT THERETO IN ACCORDANCE WITH AND SUBJECT TO THE COVENANTS, RESTRICTIONS, TERMS, AND OTHER PROVISIONS OF THE DECLARATION THEREOF RECORDED IN OFFICIAL RECORD BOOK 508, PAGES 165 THROUGH 224, INCLUSIVE, AND AS AMENDED IN OFFICIAL RECORD BOOK 939, PAGES 1171 THROUGH 1236, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND SUBSEQUENT AMENDMENTS THERETO. FOLIO NUMBER: 48486360009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. AGEI~OA ITEH (-~ ~0. ~~_ JUN I 0 2003 ~,G._ //,,, ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal RdBEP~T 2~(~HARY 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 TOM HENNING, CHAIRMAN JUN ! 0 Pc._ /'7 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tarniami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Jesus Garcia and Isidora P.Garcia husband and wife Whose mailing address is 5237 Gilchrist Street Naples, Florida 33962 Bearing the date of the 22 day of January, 1996, recorded in Official Record Book 2142 Pages1890, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Twelve Dollars and Seven Cents ($1,112.07) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 17, BLOCK 3, NAPLES MANOR LAKES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGES 86 AND 87,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 62251920003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ,2003. A'I-rEST: DWIGHT E. BROCK, CLERK Approved as to form and legal 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 TOM HENNING, CHAIRMAN 2003 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tam/ami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Ab THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Russell Lee Goldman and Lola Mae Goldman, Husband and Wife Whose mailing address is 2805 Storter Ave Naples, FL 33962 Bearing the date of the 14th day of October, 1991, recorded in Official Record Book 001656 Page(s) 001145, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Two Hundred Fifty Nine Dollars and Sixty Six Cents ($1,259.66) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 10 AND 11, BLOCK B, WHISPERING PINES, ACCORDING WITH THE SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 4, PAGE 17, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 81731080004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal 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 TOM HENNING, CHAIRMAN AG£7~.~ JUN I 0 2003 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Ramon Gonzalez and Martha Gonzalez, husband and wife, Grantors to Andrea Ramirez, a single person Grantee Whose mailing address is 580 Auto Ranch Road Naples, Florida Bearing the date of the 7th day of December, 2000, recorded in Official Record Book 2770 Page(s) 2490, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Ninety Six Dollars and Twenty Cents ($1,196.20) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PARCEL3 THE EAST 62 FEET OF THE WEST 186 FEET OF THE SOUTH 145 FEET OF A TRACT OF LAND DESCRIBED AS "LOT 14: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 20, GO SOUTH 89 DEG. 27' 40" EAST 697.99 TO A POINT; THENCE NORTH 0 DEG. 2' 20" EAST 660 FEET TO A POINT, BEING THE POINT OF BEGINNING, THENCE SOUTH 89 DEG. 27' 40" EAST 637.3 FEET TO A POINT; THENCE NORTH 0 DEG. 08' 40" EAST 330 FEET TO A POINT; THENCE NORTH 89 DEG. 27' 40" WEST 636.94 FEET TO A POINT; THENCE SOUTH 0 DEG. 12' 20" WEST 330 FEET TO THE POINT OF BEGINNING. BEING 4.84 ACRES MORE OR LESS IN THE WEST 1/2 OF THE WEST 1/2 OF SECTION 20,TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA." TOGETHER WITH RIGHTS OF INGRESS AND EGRESS OVER,, ALONG AND ACROSS A STRIP OF LAND 40 FEET WIDE DESCRIBED AS THE SOUTH 40 FEET OF THE NORTH 185 FEET OF SAID "LOT 14". PARCEL4 THE EAST 62 FEET OF THE WEST 248 FEET OF THE SOUTH 145 FEET OF A TRACT OF LAND DESCRIBED AS "LOT 14: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 20, GO SOUTH 89 DEG. 27' 40" EAST 697.99 FEET TO A POINT; THENCE NORTH 0 DEG. 12' 20" EAST 660 FEET TO A POINT, BEING THE POINT OF BEGINNING, THENCE SOUTH 89 DEG. 27' 40" EAST 637.3 FEET TO A POINT; THENCE NORTH 0 DEG. 08' 40" EAST 330 FEET TO A POINT; THENCE 89 DEG. 27' 40" WEST 636.94 FEET TO A POINT; THENCE SOUTH 0 DEG 12' 20" WEST 330 FEET TO THE POINT OF BEGINNING. BEING 4.84 ACRES MORE OR LESS IN THE WEST 1/z OF THE WEST 1/= OF SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA". J 6 £/N~ ITF. N r-) JUN 1 0 2.003 TOGETHER WITH RIGHTS OF INGRESS AND EGRESS OVER, ALONG AND ACROSS A STRIP OF LAND 40 FEET WIDE DESCRIBED AS THE SOUTH 40 FEET OF THE NORTH 185 FEET OF SAID "LOT 14". FOLIO NUMBER: 00769880008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Uen. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal ¥ 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 TOM HENNING, CHAIRMAN AGENDA IT[H ,,0.. JUN I 0 2003 Prepared by: Robert Zachary Assistant County Attorney Office of County Attomey 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Joseph E. Jackson and Lor~K. Jackson, husband and w~e Whose mailing address is 4629 Outer Dr. Naples, FL 33962 Bearing the date of the 9th day of September, 1993, recorded in Official Record Book 1863 Page(s) 1498, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Three Thousand Nine Hundred Twenty Dollars and No Cents ($3,920.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 50 AND 51, PINELAND ON THE TRAIL, AS PER PLAT RECORDED IN PLAT BOOK 3, PAGE 60, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 67080800001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. · ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal SU ° ' ~ 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 TOM HENNING, CHAIRMAN JUN ! 0 Z003 Prepared by:. Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Elaina Sue Iverson Johnson Whose mailing address is 3032 Connecticut Ave Naples, FL 33962 Bearing the date of the 17th day of April, 1992, recorded in Official Record Book 1707 Page(s) 000647, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Two Hundred Fifty Nine Dollars and Sixty Six Cents ($1,259.66) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 19, BLOCK 3, NAPLES BETTER HOMES, RECORDED IN O. R. BOOK 638, PAGE 58, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 61431320000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of'the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ ATTEST: 'DWIGHT E. BROCK, CLERK Approved as to form and legal day of ,2003. 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 TOM HENNING, CHAIRMAN AG[I~OA .0.. JUN 1 0 2003 Prepared bT. Robert Zachary Assistant County Attorney Off'me of County Attomey 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-84OO SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Kurt W. Kramer, a single man Whose mailing address is 3090 Connecticut Ave Naples, FL 33962 Bearing the date of the 6th day of April 1992, recorded in Official Record Book 1703 Page(s) 001182, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Two Hundred Fifty Nine Dollars and Sixty Six Cents ($1,259.66) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 15, BLOCK 3, NAPLES BE'i'FER HOMES, A SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOUO NUMBER: 61431160008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier county, Flodda, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2003. · ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal Rd~/E~RT ZA~ARY''~? 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 TOM HENNING, CHAIRMAN JUN ! 0 2003 prePsred by:. Assistant County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Abelardo Martinez Whose mailing address is 4306 Progress Ave. Naples, FL Bearing the date of the 14th day of December 1993, recorded in Official Record Book 001895 Page(s) 000816, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Three Hundred Forty Dollars and No Cents ($1,340,00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: ALL OF THAT TRACT OR PARCEL OF LAND LYING & BEING IN THE NoE. 1/4 OF SEC. 36 TWSP. 49 S. RNG. 25E., COLLIER COUNTY FLA. & BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE N.E. COR. OF SAID SEC. TWSP. & RGE., RUN S.00-00-36"E ALONG THE E. LINE OF SEC. 36 FOR 1,298.32'. THENCE RUN S89-21-'02W"FOR 1817.86' TO THE P.O.B. THENCE RUN S00-04-'03" E FOR 324.63', THENCE RUN S89-21- '02"W FOR 165.23' THENCE RUN N00-04-'20" W FOR 324.63', THENCE RUN N89-21'-02"E FOR 165.26' TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PROPERTY IS SUBJECT TO AN INGRESS, & EGRESS EASEMENT OVER, ACROSS, & ALONG THE NLY. 30 FEET, AND A 10 FOOT EASEMENT OVER, ACROSS, & ALONG THE WLY. 10.0 FEET, AND ALSO SUBJECT TO ANY RESTRICTIONS, RESERVATIONS, AND REGULATIONS THAT PERTAIN TO THE ABOVE DESCRIBED PROPERTY AND ALSO ANY OF RECORD. FOLIO NUMBER: 00276000009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Flodda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. - JUN I 0 Z003 IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Uen, by action of the Board this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal RO~ER~ 7~CI~ARY 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 TOM HENNING, CHAIRMAN JUN 1 0 2(}03 Prepared by:. Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (~1) ~ SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owl'.er and holder of a certain Agreement with the following: Robert C. Moates and B. Jane Moates, husband and wife, as joint tenants with right of survivorhsip Whose mailing address is 4082 Belair Lane Naples, FL 33940 Bearing the date of the 25th day of October, 1995, recorded in Official Record Book 2114 Page(s) 1829, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Five Thousand Five Hundred Seventy Five Dollars and No Cents ($5,575.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PARCEL 1 J& C INDUSTRIAL PARK, TRACT B, COMMENCING AT THE WEST Y4 CORNER OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST AND WEST 1/4 LINE OF SAID SECTION 11, AS SURVEYED, N 89° 30' 40" E 992.70 FEET TO THE CENTERLINE OF A ROAD FOR A PLACE OF BEGINNING: THENCE ALONG SAID CENTERLINE N 0° 31 42" W 230.61 FEET TO THE CENTERLINE OF A ROAD: THENCE ALONG SAID CENTERLINE N 89° 28' 18" E 185.00 FEET; THENCE S 0° 31' 42" E 230.74 FEET TO SAID EAST AND WEST 1/4 LINE; THENCE ALONG SAID EAST AND WEST ~ LINE S 89° 30' 40" W 185.00 FEET TO THE PLACE OF BEGINNING, BEING PART OF THE NW 1/4 OF SAID SECTION 11, AND, SUBJECT TO A DRAINAGE EASEMENT OVER THE SOUTHERLY 30 FEET; ALSO SUBJECT TO A ROAD AND UTILITY EASEMENT OVER THE NORTHERLY 30 FEET AND OVER THE WESTERLY 30 FEET. FOLIO NUMBER: 00240320003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Fiodda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to r~ord this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal 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 TOM HENNING, CHAIRMAN NO. ~.~_~~_ JUN I 2003 Pmpmed by:. Reberl Z. Bchary A~istant County AttorneY Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 , SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Robert C. Moates, individually and as Trustee Whose mailing address is 4082 Belair LN Naples, FL 33940 Bearing the date of the 25th of October, 1995, recorded in Official Record Book 2114 Page(s) 1849, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Two Thousand Two Hundred Forty Dollars and No Cents ($2,240.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PARCEL 5 J &C INDUSTRIAL PARK, TRACT B, COMMENCING AT THE WEST 1/4 CORNER OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST AND WEST 1/4 LINE OF SAID SECTION 11, AS SURVEYED, N 89° 30' 40" E 1477.70 FEET FOR A PLACE OF BEGINNING: THENCE N 0° 31' 42" W 230.94 FEET TO THE CENTERLINE OF A ROAD; THENCE ALONG SAID CENTERLINE N 89° 28' 18" E 100.00 FEET; THENCE S 0° 31' 42" E 231.01 FEET TO SAID EAST AND WEST 1/4 LINE; THENCE ALONG SAID EAST AND WEST 1/4 LINE S 89° 30' 40" W 100.00 FEET TO THE PLACE OF BEGINNING. BEING PART OF THE NW I/4 OF SAID SECTION 11, AND SUBJECT TO A DRAINAGE EASEMENT OVER THE SOUTHERLY 30.0 FEET; ALSO SUBJECT TO A ROAD AND UTILITY EASEMENT OVER THE NORTHERLY 30.0 FEET. FOLIO NUMBER: 00246800006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Sat~faction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of CoL~ty Commissioners ot Coitier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this . day of ,2003. AG£NOA , JUN 1 I] A'I-I'EST: DWIGHT E. BROCK, CLERK Approved as to form and legal BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLUER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TOM HENNING. CHAIRMAN JUN 1 0 2003 Prepared by: Robert Zachary As~tant Oounty Attorm~ Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-84O0 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Robert C. Moates and B. Jane Moates, husband and wile, asjoin tenants with right of survivorship Whose mailing address is 4082 Belair Lane Naples. FL 33940 Bearing the date of the 25th day of October, 1995, recorded in Official Record Book 2114 Page(s) 1834, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Two Thousand Two Hundred Forty Dollars and No Cents ($2,240.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County. Florida, described as follows: PARCEL 2 J& C INDUSTRIAL PARK, TRACT B, COMMENCING AT THE WEST 1/, CORNER OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST AND WEST 1/, LINE OF SAID SECTION 11, AS SURVEYED, N 89° 30' 40" E 1177.70 FEET FOR A PLACE OF BEGINNING: THENCE N 0° 31' 42" W 230.74 FEET TO THE CENTERLINE OF A ROAD; THENCE ALONG SAID CENTERLINE N 89° 28' 18" E 100 FEET; THENCE S 0° 31' 42" E 230.81 FEET TO SAID EAST & WEST 1/4 LINE; THENCE ALONG SAID EAST AND WEST 1/, LINE S 89° 30' 40" W 100 FEET; TO THE PLACE OF BEGINNING, BEING PART OF THE NW 1/, OF SAID SECTION 11, AND, SUBJECT TO A DRAINAGE EASEMENT OVER THE SOUTHERLY 30 FEET; ALSO SUBJECT TO A ROAD AND UTILITY EASEMENT OVER THE NORTHERLY 30 FEET. FOLIO NUMBER: 00240320003 Collier County, a political subdivision of the State of Flodda, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien, The Cled( of the ~ircuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collie~ County, Flork:la, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, U~e Boan:l of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Se~er District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. JUN 1 0 2003 P~. ,.~/ A~FEST: DWIGHT E. BROCK, CLERK Approved as to form and legal 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 TOM HENNING, CHAIRMAN Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Russell D. Muller and Delia Ramos, now Delia Muller his wife Whose mailing address is 2505 Storter Ave Naples, FL 33962 Bearing the date of the 14th day of October, 1991, recorded in Official Record Book 001656 Page(s) 001149, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Two Hundred Fifty Nine Dollars and Sixty Six Cents ($1,259.66) plus accrued interest and penalties, if any, and imposes certain obligations against reat property situated in Coltier County, Florida, described as foltows: LOT 28 AND 29, BLOCK B, WHISPERING PINES, ACORDING TO PLAT IN PLAT BOOK 4, PAGE 17, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 81731560003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal ~R (~ B ER~. ZA C~i.(A R y'~'''''~ 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 TOM HENNING, CHAIRMAN .0. / ,cJ _ JUN 1 O 2003 PG., ~ Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Paul E. Oren, a widower, formerly known as Paul E. Oren and Marsha A. Oren, husband and wife Whose mailing address is 3200 70r~ ST. S.W. Naples, FL 33999 Bearing the date of the 22nd day of March, 1995, recorded in Official Record Book 2042 Page(s) 0295, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Two Thousand Two Hundred Forty Dollars and No Cents (S2,240.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: THE NORTH 1/2 OF THE NORTHEAST 1/, OF THE SOUTHEAST ¼ OF THE NORTHWEST 1/4 OF THE SOUTHWEST % OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 00242280002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal RdBER~ Z~'C'~-IA R Y 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 TOM HENNING, CHAIRMAN AG£NOA IT£14 No. //_,,~ ~ Prepared by: Robert Zachary Assistant County Attomey Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Maria Padilla, a single person, and Maria Valencia, a single person, and Miguel Godinez, a single person, each as to an undivided 1/3 interest, as joint tenants with full rights of survivorship Whose mailing address is 5338 Jennings St Naples, FL 33962 Bearing the date of the 1st day of December, 1992, recorded in Official Record Book 1775 Page(s) 001581, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Five Hundred Dollars and Seventy Five Cents ($1,500.75) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 17, BLOCK 6, NAPLES MANOR LAKES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3,PAGES 86 AND 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 62254360000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal '-7 R~BERT ZA~IA~Ry 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 TOM HENNING, CHAIRMAN A~:NDA .0. /./.,,"_. JUN ! O 2003 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Jeff S. Player, individually & Laurie E. Player Jr., as tenants in common (per Jeff S. Player, Laurie E. Player Jr., is a fugitive from the law and cannot sign) Whose mailing address is P.O. Box 2051 Naples, FL 33939 Bearing the date of the 27th day of October, 1994, recorded in Official Record Book 1999 Page(s) 0086, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Five Hundred Dollars and Seventy Five Cents ($1,500.75) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: A LOT OR PARCEL OF LAND LYING IN THE NW 1/, OF THE SE ¼ OF THE SE ~,4 OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SE CORNER OF SAID SECTION 36 RUN NORTH 89° 59' 16" WEST 656.47 FEET ALONG THE SOUTH LINE OF SAID SECTION 36; THENCE NORTH 0° 42' EAST 659.32 FEET TO AN IRON PIPE FOR A POINT OF BEGINNING; THENCE NORTH 89047, WEST 95 FEET TO AN IRON PIPE; THENCE NORTH 0° 13' EAST 35 FEET TO AN IRON PIPE; THENCE NORTH 23° 03' 40" EAST 92.77 FEET TO AN IRON PIPE; THENCE SOUTH 89° 18' EAST 60 FEET TO AN IRON PIPE; THENCE SOUTH 0° 42' WEST 120 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THE RIGHTS OF INGRESS AND EGRESS OVER, ALONG AND ACROSS THE EAST 30 FEET OF THE WEST ~/, OF THE SW % OF THE SE Y4 OF THE SE ¼ OF SAID SECTION 36 AND THE SOUTH 30 FEET OF THE WEST 263 FEET OF THE EAST 358 FEET OF THE NW ~/,~ OF THE SE ¼ OF THE SE Y4 OF SAID SECTION 36. FOLIO NUMBER: 00271000004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __. day of. ,2003. /4: d. 2003 ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal 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 TOM HENNING, CHAIRMAN AGENDA ITEM ~ NO._ /~,~ JUN ! 0 2003 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Principle Ventures Inc., a Florida Corporation Whose mailing address is 3115 Tamiami Trail E Naples, FL 33962 Bearing the date of the 21st day of Janua~ 1992, recorded in Official Record Book 1681 Page(s) 001796, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Sixteen Thousand Five Hundred Twenty Dollars and No Cents ($16,520.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 24 AND 25, BLOCK B, OF WILMER HEIGHTS SUBDIVISION, AS RECORDED IN PLAT BOOK 4, PAGE 9, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THAT PARCEL DEEDED TO THE STATE ROAD DEPARTMENT AS RECORDED IN OFFICIAL RECORDS BOOK 31, PAGE 571, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 82641240001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal AR¥ 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 TOM HENNING, CHAIRMAN //_,,_c_..__0_ JUN 0 20 q3 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Joann Primavera Whose mailing address is 201 Pine Key Lane Naples, FL 34112 Bearing the date of the 2nd day of August, 1999, recorded in Official Record Book 2582 Page(s) 2992, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 192, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM RECORDED IN O.R. BOOK 630, PAGES 1883 THROUGH 1932, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH 1975 IMPERIAL MOBILE HOME, 24' X 44', SERIAL NUMBERS 31-4008A AND 31-4008B. FOLIO NUMBER: 81627680000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of .., 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal Y 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 TOM HENNING, CHAIRMAN JUN 1 0 ?.003 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: R.O.P., INC Whose mailing address is 2811 Estey Avenue - Unit E4 Naples, FL 33942 Bearing the date of the 12th day of November, 1991, recorded in Official Record Book 001664 Page(s) 001768, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Five Thousand Five Hundred Dollars and No Cents ($5,500.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: A TRACT OF LAND BEING A PORTION OF LOTS 23 AND 24, NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS, NO. 2, AS RECORDED IN PLAT BOOK 1, PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHWEST CORNER OF SAID LOT 24, RUN N. 89"'37' 00" E. ALONG THE SOUTH LINE THEREOF FOR 230.6 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE N. 89°37, 00" E. FOR 277 FEET; THENCE N. 0°32, 20" W. FOR 572 FEET, MORE OR LESS, TO THE WATERS OF ROCK CREEK; THENCE WESTERLY 300 FEET, MORE OR LESS, ALONG SAID WATERS TO A LINE BEARING N. 0°32, 20" W. FROM THE POINT OF BEGINNING; THENCE S. 0032. 20" E. FOR 455 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SUBJECT, HOWEVER, TO ESTEY AVENUE RIGHT-OF-WAY OVER, ALONG AND ACRESS THE SOUTH 30 FEET THEREOF. FOLIO NUMBER: 69600040003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. -IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. AG£NDA IT£N ~o. /~ JUN ! 0 2003 ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal RdB ~'1' ZA~H~;~RY 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 TOM HENNING, CHAIRMAN N0 ..~ JUN 1 0 2003 ~. x// Prepared by:. Robert Zachary Assistant County Attomey Office of County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Chades E. Smitley and Harriett Smitley, Husband and Wife Whose mailing address is 14100 Tamaiami TR. E lot 169 Napes, 'FI. 34114 Bearing the date of the 1 day of December, 1999, recorded in Official Record Book 2626 Page(s) 0752, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Six Hundred Forty Five Dollars and No Cents ($645.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT 169, IMPERIAL WILDERNESS CONDOMINIUM, SECTION ONE, ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 1116, PAGES 1807 THROUGH 1859, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH AN UNDIVIDED SHARE IN THE COMMON ELEMENTS AND ALL OTHER APPURTENANCES TO SUCH UNIT AS SET FORTH IN SAID DECLARATION. SUBJECT TO ALL OF THE TERMS, PROVISIONS, CONDITIONS, RIGHTS, PRIVILEGES, OBLIGATIONS, EASEMENT S AND LIENS SET FORTH AND CONTAINED IN SAID DECLARATION OF CONDOMINIUM, ITS EXHIBITS, SUPPLEMENTS AND AMENDMENTS THERETO, AND ALL INSTRUMENTS REFERRED TO THEREIN. FOLIO NUMBER: 51590280004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ,2003. AGENDA ITEM ~ .o. /4 ~ JUN 1 0 2003 AI-I'EST: DWIGHT E. BROCK, CLERK Approved as to form and legal ROBERT ~,C~'~- 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 TOM HENNING, CHAIRMAN JUN Prepared by:. As,~s~t County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Joseph J. Spagnola and Edwinna M. Spagnola, husband and wife Whose mailing address is 3223 Caledonia Naples, FL 33962 Bearing the date of the 3rd day of May, 1993, recorded in Official Record Book 1822 Page(s) 000026, in the Office of the Clerk of the Cimuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Five Hundred Dollars and Seventy Five Cents ($1,500.75) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 8 AND 9, BLOCK A, NAPLES GARDENS, ACCORDING TO PLAT RECORDED IN PLAT BOOK 4, PAGE 13, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 61780160005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ,2003. ATTEST: 'DWIGHT E. BROCK, CLERK Approved as to form and legal 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 TOM HENNING, CHAIRMAN AGENDA IT£~'I ~ JUN I 0 2003 Prepared by:. Robert Zachary A.~istant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (g41) 774-84OO SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: George Vega. Jr., Thomas R. Brown, John F. Stanley, and Lawrence D. Martin, an undivided 25% interest in each Whose mailing address is 3131 E. Tamiami Trail Naples, FL 33962 Bearing the date of the 13th day of October, 1992, recorded in Official Record Book 1762 Page(s) 000643, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Sixty Six Thousand Eight Hundred Forty Dollars and No Cents ($66,840.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 18, BLOCK B, WILMER HEIGHTS, SUBDIVISION AS RECORDED IN PLAT BOOK 4 AT PAGE 9, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA PARCEL IN LOT 125 OF NAPLES GROVE & TRUCK COMPANY'S LITTLE FARMS NO. 2, ACCORDING TO A PLAT OF RECORD IN PLAT BOOK 1, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FROM THE NORTHEAST CORNER OF THE SAID LOT 125 RUN SOUTH ON THE EAST LINE THEREOF FOR 871.3 FEET TO ESTABLISH THE POINT OF BEGINNING. FROM THE DESCRIBED POINT OF BEGINNING RUN WEST ON A LINE PARALLEL WITH THE NORTH LINE FOR 277.5 FEET, TO THE WEST LINE OF SAID LOT 125; THENCE RUN SOUTH ON THE SAID WEST LINE FOR 734.56 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF THE TAMIAMI TRAIL (U.S. HWY 41) AS CONSTRUCTED AND MAINTAINED; THENCE RUN SOUTHEASTERLY ON THE SAID RIGHT- OF-WAY LINE FOR 108.15 FEET; THENCE RUN NORTH PARALLEL WITH THE AFORESAID WEST LINE FOR 67 FEET; THENCE RUN SOUTHEASTERLY FOR 198.91 FEET. TO A POINT ON THE EAST LINE OF THE SAID LOT 125, DISTANT 1449.3 FEET SOUTH OF THE SAID NORTHEAST CORNER, THENCE RUN NORTH ON THE SAID EAST LINE FOR 778 FEET TO THE POINT OF BEGINNING. THE DESCRIBED PARCEL CONTAINING 4.8 ACRES, MORE OR LESS. SUBJECT TO RESTRICmONS, RESERVATIONS OF RECORD, AND TAXES FOR THE CURRENT YEAR. INCLUDING BUT NOT LIMITED TO ALL PERSONAL PROPERTY LOCATED AT THE PALM LAKE MOBILE HOME COURT, ALL ASSETS, INCLUDING CASH ON HAND, ALL LEASES WITH TENANTS, AND ALL ACCOUNTS RECEIVABLE OF PALM LAKE MOBILE HOME COURT AND PALM LAKE INVESTMENTS. AG£NOA [T£H~ ) ~0. ~._~._~ JUN 1 0 20{)3 FOMO NUMBER: 61842240009 Collier County, a political subdivision of the State of Flodda, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2003. ATI'EST: DWIGHT E. BROCK, CLERK Approved as to form and legal ¥ 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 TOM HENNING, CHAIRMAN i AC.~NDA [TEll · NO. 14 <'_ ~ JUN 1 0 2003 EXECUTIVE SUMMARY APPROVE A CONTRACT AMENDMENT, UNDER CONTRACT # 02-3311, "FIXED TERM PROFESSIONAL GEOGRAPHIC INFORMATION SYSTEM SERVICES (GIS)" FOR COLLIER COUNTY, WITH WILSONMILLER, INC., PROJECT 50014, IN THE AMOUNT OF $69,600 OBJECTIVE: To obtain Board of County Commissioners approval of a contract amendment with WilsonMiller, Inc. for additional stormwater services in the amount of $69,600. CONSIDERATIONS: A contract with WilsonMiller, Inc. was approved by the Board on April 23, 2002, agenda item 16.C.10, for a total amount of $950,125. Nearly all of the tasks are 'time and materials' and of those tasks completed, most are well under the 'not to exceed' amount. Task 2.2, Stormwater Drainage Atlas, requires the delivery of a "Geodatabase consisting of Storrnwater Atlas features with relationships and networks, and a Maintenance Database structure". The FY 2003 budget for this project included an additional $1,816,900 that was approved by the Board of County Commissioners, along with the entire County budget, on September 18, 2002. The County Stormwater staff requested further refinement of the data, database implementation and training and model integration. WilsonMiller has submitted a 'time and materials' proposal for an additional $69,600. FISCAL IMPACT: The funding for this work order is available from the project budget. The source of funds is the County-wide Facilities Management Fund. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve Amendment 1 to Contract # 02-3313 with WilsonMiller, Inc. in the amount of $69,600 and authorize the Chairman to sign the County Attorney approved Amendment. JUN 1 0 SUBMITTED BY: Ron Hovell, p..~., Coastal Projects Manager REVIEWED BY: /~ ~~ - Da~:n 5///4/'/°3 Rc~B. Andenon, P.E., Public Utilities Enginee g Director Steph/e/x~ Y. C~ell, Purch~nVGeneral Se~ices DireCtor' ~~ Fe~T~n Administrator APPRO~D BY: ~~~. Date~~~  es W. DeLony, P.~lic Utilities Administrator AGENDA JUN 1 0 2003 EXHIBIT A-1 Contract Amendment # 01 "Professional Geographic Information Systems (GIS) Services for Collier County" This amendment, dated ~/~ ,2003 to thc referenced agreement shall be by and between thc parties to the original agrecment~ ~NilsonMiller, Inc. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 02-3313 "Professional Geographic Information Systems (GIS) Services for Collier County" In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as per the Supplemental Authorization Exhibit "A1-A" attached to this Amendment and incorporated herein by reference. The Contractor agrees that this amends the original. Contract and that the Contractor agrees to complete said services in the amount of sixty-nine thousand six hundred dollars ($69,600) as per Exhibit "Al-A" for a total amount of one million nineteen thousand seven hundred twenty-five dollars. ($1,019,725) The time for completion shall be increased by 160 calendar days due to this Amendment. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: Corporate Secretary/Witness By: 3;~tl~ fi/. ~.fl~f. Dated: 6//,ff/o ~ CONSULTANT Title: ~. Xl~C~. ~'e~t~enJC Dated: ~e-//~]D~ ATTEST: Dwight E. Brock, Clerk CORPORATE SEAL OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chairman Approved as to form and Legal sufficiencty~ ~1 Asslstar~t County Attorney AGET~ ITEM I JUN I 0 2003 PG. '~ CONTRACT AMMENDMENT (EXHIBIT Al-A) Date: March 18, 2003 Subject: Amendment to the GIS Implementation Services Contract ¢K)2-3313 for additional enhancements to Storm Water GIS System. 1.0 OVERVIEW As part of Collier County's enterprise wide GIS system, various divisions and departments have data layer and application development needs to enable them to use the system to improve their daily tasks. One of these is the Storm Water Department. This department is responsible for maintenance of all channels, pipes and structures pertaining to the storm water runoff for Collier County. In order to perform their duties more efficiently, they require further GIS development services, beyond the original scope of service proposed in contract 02-3313. The Storm Water Department has requested that WilsonMiller further develop the GIS database to increase the functionality of the system. As well as additional services requested there were several items outlined in the original scope of services that require additional effort to accomplish. This is due in part to internal changes within the department, inconsistencies found in legacy data, and incompatible formats of several required datasets. In order to provide the County with stormwater drainage maintenance tools they require these needs to be further addressed, with direct input from Staff, and followed by integration into the system. The following is a proposed amendment to four of the original services provided. The original scope item is listed in bold italic followed by the new numbered task(s) to accomplish these goals. 2.0 AMMENDMENT TO SERVICES Populate attribute data with feature type, and descriptive information taken from existing sources (record drawings, maintenance records) provided by the County. 2.2.1 Needs Assessment: Prepare needs assessment for the Stormwater Department to enhance'GIS Data Layers and additional data developed to date. Needs assessment will identify additional attribute items to be added to the stormwater geodatabase, data required by modeling software, relationships between data types, and geo-spatial data standards imposed by the County. 2.2.2 Additional Data Attributing: Identify and incorporate additional attribute information for structures, pipes, ponds and channels (canals) as identified in the needs assessment. Following initial data delivery, County Staff has a better understanding of the system and needs to be able to store all related data that is generated from their department. Data storage, formatting, naming conventions, and availability need to be a part of this organization process. This task will require direct input from Staff and require on-site installation and Geodatabases will be tested to ensure quality, usability and consistency. set-up. Create Maintenance Database for data population by County Staff 2.2.3 Maintenance Database Design and Implementation: Design and develop maintenance database incorporates information from Stormwater and Maintenance to enhance reporting requirements of NPDES. Due to internal re- structuring of these departments, common data entry forms need to be created and deployed that meet both group's data collection and reporting requirements. 2.2.4 Database Training: Train staff in the use of the new database. Training with selected County staff in editing, querying and statistical techniques to extract information for reporting necessary for system maintenance and NPDES. Develop links to existing databases 2.2.5 Data Normalization Techniques: Review and design normalization techniques for the existing geodatabase, legacy databases, and future maintenance database to be used by the system. Fields will be identified, or added, to tables to enable links between GIS databases and external databases. Normalization routine will be done prior to the implementation of the maintenance database to ensure compatibility with the system and applicability for user departments. 2.2.6 Database Editing Training: Train County Staff to populate databases and create new tables to be incorporated into the geodatabase. County staff requires training in adding and modifying existing records to allow for future growth and optimal use of system. 2.2.7 Usability Review and Testing: Review database design and developed techniques for optimal system usability by County Staff and for future enhancements as the new system is being deployed. Usability testing for a new system deployment should be used for quality control by the Staff to determine if the system does meet their needs. Create ArcFM Geodatabase with complete relationships and networks 2.2.8 Normalization of Data for Modeling Software: Review and design normalization techniques for the existing Geodatabase to allow it to be incorporated into modeling software chosen by the County. Fields will be renamed, or redefined, to correspond with those required by the modeling software. Most modeling software can import the Geodatabase once the data is formatted such that the model can recognize the data values N0.AG~,XT~_.. ~ JUN 1 0 003 WilsonMiller - Stormwater Addl. Services Page 2 4/8/2003 ... 2.2.9 Model Customization: Customize GIS hydrology model to allow for integration of specific structures found in the County's storm water system, but not found in the standard model. The standard Hydrology model developed for use with Geodatabases, is used for monitoring and analysis, and incorporates the drainage system, basins and hydrology data layers. The County's existing data cannot be used by the model without the creation of a custom Canal Style System. 2.2.10 Model Integration: Integrate developed geodatabase into working hydrology model within the GIS for optimal system monitoring and simulation· This will allow the staff to have new monitoring and analysis tools to help in the engineering of new pads of the canal system and make recommendations as growth in the County continues. JUN I 0 2003 WilsonMiller - Stormwater Addl. Services Page 3 pG4./8/2003 3.0 PROJECT FEES Based on the work effort involved in previous installations and consulting, this project should take no more than four months to complete, and requires an estimated fee increase to the existing Stormwater Drainage Task of $69,600. TASK EST. TIME TO COMPLETION EST. FEE (TME) 2.2.1 Needs Assessment 2 weeks $ 2,400 2.2.2 Continued Data Attributing 5 weeks $19,600 2.2.3 Maintenance Database Implementation 2 weeks $ 7,200 2.2.4 Database Training as needed $ 2,400 2.2.5 Data Normalization Techniques 1 week $ 3,600 2.2.6 Database Editing Training as needed $ 2,400 2.2.7 Usability Review and Testing 1 week $ 3,600 2.2.8 Normalization of Data for Modeling Software 3 weeks $12,800 2.2.9 Model Customization 3 weeks $ 8,400 2.2.10 Model Integration 2 weeks $ 7,200 3.1 RESOURCE ALLOCATION The following is a typical representation of resources that will be dedicated to each task, as listed below: 2.2.1 2.2.2 2.2.3 2.2.4 2.2.5 2.2.6 2.2.7 2.2.8 Needs Assessment - Project Manager 90%, GIS Analyst 10% Continued Data Attributing - Project Manager 10%, GIS Analyst 90% Maintenance Database Impl. - Project Manager 20%, Sr GIS Analyst 30%, GIS Analyst 50% Database Training - Sr. GIS Analyst 90%, Project Manager 10% Data Normalization Techniques - Project Manager 10%, Sr GIS Analyst 90% Database Editing Training - Sr. GIS Analyst 100% Usability Review and Testing - Sr Analyst 80%, Project Manager 20% Normalization for Data Modeling Software - Sr Analyst 90%, Project Manager 10% 2.2.9 Model Customization- Sr Analyst 90%, Project Manager 10% 2.2.10 Model Integration - Sr analyst 90% Project Manager 10% - JUN I 0 Z003 WilsonMiller - Stormwater Addl. Services Page 4 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Professional Geoqraphic Information Systems BID/RFP #: 02-3313 MODIFICATION #: 1 PROJECT #: .. 50014 NAME OF FIRM: WilsonMiller, Inc. CONTRACT AMOUNT: ORIGINAL $ .950~125.00 CURRENT COMPLETION DATE(S): CURRENT $950~125.00 ORIGINAL: April 22, 2003 CURRENT: April 22, 2003 SUMMARY OF PROPOSED CHANGE(S): The scope for WilsonMiller, Inc. includes Task 2.2 Stormwater Draina.qe Atlas. The Stormwater Section has requested further refinement of the data and the oriqinal scope. Tasks include database implementation (enhance reportinq requirements for NPDES), database traininq (work with staff in editin.q, queryinq and statistical techniques), usability review, & model inte.qration (inte.qrate .qeodatabase into hydroloqy model for system monitorinq & simulatrion). WilsonMiller has provided a proposal for an additional $69,600 (time & materials) for a new total of $1,019,725 with a new completion date of November 18, 2003. JUSTIFICATION FOR CHANGE(S): The Stormwater section is responsible for the NPDES permit and needs to further develop the GIS to aid in the reportin.q for thn permit. A contract was awarded to WilsonMiller Inc. for $950,125 on Apdl 23, 2002 with nearly all of the tasks on a time and materials basis. The estimated amount for Task 2.2 has been reached but Stormwater has continuinq needs for the baseline GIS data. PARTIES CONTACTED REGARDING THE CHANGE: Lyn Wood, PURCHASING, Will Walter, WilsonMiller Inc., Peter Hayden, Stormwater, Kelsey Ward, PURCHASING IMPLEMENTATION STEPS (Check each before proceeding with change) × Proposed change is consistent with the scope of the existing agreement __ Change is being implemented in a manner consistent with the existing agreement __ The appropriate parties have been consulted regarding the change PROJECT MANAGER R.~COMMENDA~ON: APPROVE: ~~ COMMENTS: Date: JUN I 0 2003 Pi;. 0~ EXECUTIVE SUMMARY. APPROVE FUNDING RELATED TO REVISING THE COLLIER COUNTY UTILITIES STANDARDS, PROJECT 70202, IN THE AMOUNT OF $26,000 ~ To update and consolidate the "Collier County Utilities Technical Standards Manual" and the "Collier County Standard Specifications for Water and Sewer Main Construction" into a Construction Standards Institute format document. This will facilitate future revisions and make it more technically up-to-date, organized and internally consistent. This will assure the quality of systems being constructed and provided to the Collier County Water and Sewer rate payers. CONSIDERATIONS: On September 18, 2002, the Board of County Commissioners approved the fiscal year 2003 Capital Budget for the Water User Fee Fund, Fund 412 as Agenda Item 2. A project exists in Fund 412, Water County Utility Standards, to allow funds to update the County standard detail drawings. That project is also included in the Water Master Plan as adopted by the Board on February 25, 2003 as Agenda Item 10.A. A new project was created in Fund 414, Wastewater User Fee Fund, Project 70202, Wastewater County Utility Standards, to balance costs evenly between the Water User Fee Fund, Fund 412, and the Wastewater User Fee Fund, Fund 414. The utilities standard detail drawings are part of the "Collier County Utilities Technical Standards Manual" (TSM); therefore, any revisions to the TSM are consistent with the Master Plan. The Public Utilities Department is in the process of updating the "Collier County Utilities Standards and Procedures Ordinance 2001-57" and the TSM, which is part of the Ordinance. Public Utilities has gathered comments from the Water Operations Department Staff, the Wastewater Operations Department Staff, the Engineering Department Staff, and the Public Utilities Division Operations Staff regarding the above two documents. After incorporating Staff's comments, Public Utilities will submit revisions to the above documents to the Development Services Advisory Committee (DESAC) for their approval, before submitting the Ordinance only to the Board of County Commissioners for approval; TSM revisions do not need Board approval. On May 6, 2003, the Public Utilities Engineering Department Director and several Staff Senior Project Managers convened to discuss the future direction of the updating of the TSM. The TSM outlines the guidelines fOr developers to follow when providing Water and Wastewater Systems in Collier County. The TSM includes standard detail drawings; however, specifications used in the design and construction of water and wastewater systems are not included. Rather, these specifications are maintained separately by the Utilities Engineering Staff in the "Collier County Standard Specifications for Water and Sewer Main Construction" (SSWSMC). Staff recommends, as a good business process that will save time and money in the long run, the TSM and SSWSMC be consolidated into one document following the Construction Standards Institute (CSI) format, which is an industry-wide standard format. The resulting document will be a "Collier County Utilities Standard Specifications" that would be made available to: AGENDA IT£M/ /~ N 1 0 2003 / Executive Summary Funding for Collier County Utility Standards Page 2 1) Developers and their engineers who build utilities then operational responsibility to Collier County, 2) Engineering consultants that design County utilities projects, 3) Construction inspectors, and 4) Contractors interested in bidding county utilities projects. turn over ownership and The final product will conform to, and be consistent with, the following documents: 1) "Collier County Utilities Standards and Procedures Ordinance," 2) "Collier County Manhole, Lift Station, or Wet Well Rehabilitation Specifications," and 3) "Collier County Sewer Rehabilitation Technical Specifications." Technical Staff estimates, based on experience with consultants on other similar Ordinance preparation work, $26,000 will be needed for this effort. Substantial effort will be required to provide technical updates because there has not been a comprehensive update of this manual since its inception fifteen years ago. On a final note, Public Utilities anticipates submittal of another Executive Summary for the June 24, 2003 Board of County Commissioners Meeting outlining the need for a Budget Amendment for the subject project number for an additional $17,000 in the updating of the utilities standard detail drawings. FISCAL IMPACT: Funds in the amount of$11,000 needs to be transferred from the CCDOT Utility Relocates project (700711) to the Water County Utility Standards project (702021) in the Water Capital Fund (412). Source of funds is Water User Fees. Funds in the amount of $15,000 needs to be transferred from the CCDOT Utility Relocates project (730651) to the Wastewater County Utility standards project (702022) in the Wastewater Capital Fund (414). Source of funds is Wastewater User fees. GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact related to this action. RECOMMENDATION: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve the necessary Budget Amendments in the amount of $26,000 related to revising the Collier County Utilities Standards. AGENDA iTEM JUi 'I 1 0 Executive Summary Funding for Collier County Utility Standards Page 2 P~ul Kwa, P.E~ Project Manager REVIEWED BY' /~~~*~ ~ Date: · Rol B. Anderson, P.D., Pgt~lijz/Utilities Engineering Director APPROVED BY: <~ ~--~'J~ /~.~~~----~7 - Date'~ ~ r~/~F'~dg'~ :s W. De~ny, P.E., P~ic Utilities Ad~nistrato NO o._~__~_~ JUN ! O 2003 PG. v~ ..... EXECUTIVE SUMMARy APPROVE WORK ORDER # UCo034 WITH DOUGLAS N. HIGGINS, INC. IN THE AMOUNT OF $543,010.00 FOR CONSTRUCTION OF A 16-INCH FORCE MAIN ALONG COLLIER BOULEVARD (CR-951) FROM SUMMIT PLACE TO IMMOKALEE ROAD (CR-846), PROJECT NUMBER 73086. OBJECTIVE: To obtain approval of Work Order # UC - 034 authorizing construction of a 16-inch force main along Collier Boulevard (CR-951) from Summit Place to Immokalee Road (CR-846). CONSIDERATIONS: On April 23, 2002, the Board of County Commissioners authorized implementation of a modification to the 2001 Wastewater Master Plan Update [Agenda Item 10 (B)]. Such included construction of a new 16-inch force main along Collier Boulevard (CR-951) from Immokalee Road (CR-846) to Vanderbilt Beach Road (CR-862). This project is also included in the 2002 Wastewater Master Plan Update approved by the BCC on February 25, 2003, Agenda Item 10 (B). Appropriations for the design and construction of this project are included in the budget for FY03 which was approved by the Board of County Commissioners on September 19, 2002. There is an immediate need to provide service to two developments along Collier Boulevard which are located within the limits of this proposed construction from Summit Place to Immokalee Road. Preparation of construction plans and specifications has been completed for this work and a request for proposals was solicited from contractors under the annual contract for Underground Utility Contracting Services [Contract # 02-3345, approved by the BCC on May 28, 2002, agenda item 16(E)(10)]. A summary of the proposals received is as follows: Contractor Amount · Douglas N. Higgins, Inc. $543,010.00 · Kyle Construction, Inc. 613,648.00 · Cross Country Underground, Inc. 661,263.50 · Mitchell & Stark Const. Co., Inc. 783,235.00 Based upon a review of the proposals by staff and the design professional, it is recommended that Work Order # UC-034 with Douglas N. Higgins, Inc. in the amount of $543,010.00 be approved for construction of a 16-inch force main along Collier Boulevard (CR-951) from Summit Place to Immokalee Road (CR-846). FISCAL IMPACT: The cost of the construction associated with Work Order # UC-034 is $543,010.00. Funding for this obligation is available in and consistent with the FY03 Capital Budget approved by the BCC on September 18, 2002. Current appropriations are identified in the Sewer Impact Fee Fund (413), CR-951 16-inch force main (Project Number 73086). The source of funds is Wastewater Impact Fees. JUN 1 0 21103 ,q._._ / . Executive Summary Work Order # UC-034 Page 2 GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the governing board of the Collier County Water-Sewer District: Approve Work Order # UC-034 with Douglas N. Higgins, Inc. in the amount of $543,010.00 for construction of a 16-inch force main along Collier Boulevard (CR~95 i) from Summit Place to Immokalee Road (CR-846): and 2. Authorize the Public Utilities Administrator to execute the Work Order. SUBMITTED BY: Harry Huber, Senior Project Manager Public Utilities Engineering Department Date: REVIEWED BY: REVIEWED BY: ~.~~ Date: William D. Mullin, P.E., Principal Project Manager Public Utilities Engineering Department ~~ D?re,ctor~'"~/~/~ Date: - Steve-darnel'l, Purchasing Department ' ~lic'uAt~l~tie ''" ' Department APPROVED BY: ~blic Utilities Di~,i'sioP-~' Administrator Date Date JUN 1 0 2003 WORK ORDER # UC - 034 "UNDERGROUND UTILITY CONTRACTING SERVICES" Contract #02-3345, Dated May 28, 2002 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: CR-951 16-Inch Force Main Construction The work is specified in the proposal dated May 23, 2003 from Douglas N. Higgins, Inc. which is attached hereto and made part of this Work Order. In accordance with terms and conditions of the Agreement referenced above, Work Order # UC - 034 is assigned to Douglas N. Higgins, Inc. Scope of Work: Perform services necessary to construct a 16-inch force main along Collier Boulevard (CR-951) from the Summit Place to Immokalee Road (CR-846) in accordance with the plans and specifications. Task I: 16-inch Force Main Improvements Schedule of Work: Complete within 90, Calendar days. Compensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Task I: $543,010.00 Total Fee: $543,010.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. NO. ~ JUN ~ 0 ZO0~ PG. ~ Work Order # UC-034 Page 2 PREPARED BY: Harry Huber, Senior Project Manager Public Utilities Engineering Department Date REVIEWED BY: Roy I~. Anderson, P.E., Director Pub/c Utilities Engineering Department Date APPROVED BY: James W. DeLony, P.E., Administrator Public Utilities Division Date ACCEPTED BY: Daniel N. Higgins, Vice President Date Approved as to Form and Loga~cy~&JjM~ Assistant County Attorney ,o. /~ c.. JUN z~O 2003 PG. COS~ PP~POSAL 05/09/03 E U. E. D. COUNTY: COLLIER DESCRIPTION: Collier Boulevard 16" Force Main '03 I~A¥ 23 ?E ~ 4 1 ITEM NO. DESCRIPTION QUANTITY UNIT UNITCOST COST PER ITEM 101-1 MOBILIZATION I LS /00CO, co /0.0~0, 101-1-1 PROVIDE/MAINTAIN 'AS BUILT' PLANS I LS 102-1 MAINTENANCE Of TRAFFIC 1 LS 102-3 COMMERCIAL MATERIAL FOR DRIVEWAY MAINTENANCE 50 CY _,~..q. ~o ~ ' 5'O O, ~"~' 121-70 FLOWABLE FILL 87 CY 104-13-1 STAKED SILT FENCE 6600 LF 110-1-1 CLEARING AND GRUBBING I LS 575-1-1 SODDING (BAHIA) 4400 SY 730- 76-107 DIRECT BURY 12' STEEL CASING (F&I) 24 LF 730- 76-116 DIRECT BURY 30' STEEL CASING (F&I) 420 LF / ~'~.2, oo A ~' ~3 <3 ~. c o 737-70-1 UTILITY LOCATE (UNDERGROUND) 10 EA .~..~'O. ,~o ~' 5'O O. o o 1020-1 PIPE(REMOVAL) (18' OR LESS) 4110 LF z~, ~o /~,' z~,O. oo 1070-114-107 VALVE PLUG (RJ-MJ1 (F&I) (ClI (4') 2 EA 7~-I~- 1070-114-108 VALVE PLUG (R J-M J) (F&I)(CI)(6") 6 EA 1070-114-109 VALVE PLUG (R J-M J) (F&I) (CI) (8') 4 EA / 1070-114-110 VALVE PLUG (RJ-MJ~ (F&I) (CI) (12') I EA 1070-114-113 VALVE PLUG (R J-M J) (F&I) (CI) (16") 3 EA 1070-128-213 AIR RELEASE ASSEMBLY(SEWER)(F&I)(16') 4 EA ~_~ 1090-136-07 PIPE PVC (C-900) (F&l) (PUSH-ON JOINT) (4") 60 LF 10g0-136-08 PIPE PVC (C-900) (F&I) (PUSH-ON JOINT) (6') 60 LF .? 1090-136-09 PIPE PVC (C-900) (F&I) (PUSH-ON JOINT) (8') 60 LF ,~t'P- oo /' ~Q~, o c 1090-136-13 PIPE PVC (C-905) (F&I) (PUSH-ON JOINT) (16') 6730 LF 1090-156-13 PIPE PVC (F&I) (C-905) (RESTRAINED JOINT) (16') 130 LF 1610-647-18 * FI'Fr'INGS DiP (F&I) (R J-M J) (ALL CONFIGURATIONS) 1 TON / ~ OOG. ~ ~ /'~ ooo.. ~:o 1598-700 SERV-SAN SEWER (ADJUST & MODIFY) 10 EA /.~ GRAND TOTAL ,~ z~.,~. O/O, oc I · iNCLUDES: FI'CI'INGS DIP (F&I) (RJ-MJ ELBOWS) (4') 1 EA PI I I INGS DIP (F&I) (RJ-MJ ELBOWS) (8') 1 EA FI'i-FINGS DIP (F&I) (RJ-MJ ELBOWS) (16') 2 EA FITTINGS DIP (F&I) (RJ-MJ TEE) (8"x4') 1 EA FITTINGS DIP (F&I) (RJ-MJ TEE)(16'x4') 1 EA FI'l-rINGS DIP (F&I) (RJ-MJ TEE) (16'x6') 5 EA FI'FrINGS DIP (F&I) (RJ-MJ TEE) (16'x8") 4 EA FITTINGS DIP (F&I) (RJ-MJ TEE) (16'x12') I EA DOUGLAS N. HIGGINS, INC. 2887 Tamiami Trail East, Suite 1 Naples, Florida 34112 Phone: 239-774-3130 Fax: 239-774-4266 NO JUN 1 0 ZOO3 PG.~ EXECUTIVE SUMMARY APPROVE FUNDING RELATED TO RAW WATER BOOSTER PUMPING STATION RELIABILITY IMPROVEMENTS, NOISE CONTROL, AND PROPERTY ACQUISITION IN THE AMOUNT OF $241,000 OBJECTIVE: To avoid potential water supply deficits and/or disruptions to water service by evaluating the reliability of the Raw Water Booster Pumping Station (RWBPS) and identifying ways to make this critical component .o the County's public water supply system more robust while also considering ways to make this facility more compatible with the neighboring residential community. CONSIDERATION: The existing RWBPS is located on 7th Street SW 'in an area of residential homes on estates sized-lots. The RWBPS is a critical link in the delivery of raw water from the Lower Tamiami wellfield to both the South and North County Regional Water Treatment Plants. Without the RWBPS, the Lower Tamiami wellfield cannot deliver water in sufficient quantities to satisfy the full treatment plant production capacity that is needed to meet peak season demands. A full-scale pumping system performance test is scheduled for June 2003. An engineering study to identify reliability improvements will follow the performance test. Residential homes are rapidly encroaching on the County's Raw Water Booster Pumping Station (RWBPS). The RWBPS facility consists of a large house-size building enclosed in a security fence and gate. Inside the building are four large pumps and motors, an air- conditioned electrical room, a diesel generator, and a radio antenna. Efforts have been made to enhance the architectural appearance of the building using painted stucco finishes and landscaping. However, noise issues need to be addressed. Although noise from the RWBPS is within the existing ordinance limits during normal operations, preliminary sound measurements indicate that noise levels approach the limits when the generator is operating. Alternatives to maintain noise levels within the County's ordinance will be developed and evaluated as part of this project. The study will begin with an assessment followed by a feasibility analysis of alternatives to muffle the noise, if needed, to comply with the noise ordinance. There are currently two vacant lots adjacent to the RWBPS. One vacant lot lies to the east of the RWBPS. The other lot lies west of the RWBPS. Acquisition of these properties is recommended given the ability to provide a visual and sound buffer. The requested funding will be set aside to acquire one of the vacant lots adjacent to the RWBPS in fiscal year 2003. The second lot will be acquired in fiscal year 2004. Upon successful negotiations of the land purchase agreement, another Executive Summary will be presented to the B.C.C. for approval. FISCAL IMPACT: Funds to identify reliability improvements to the Raw Water Booster Pumping Station are not budgeted in FY 2003. This funding request is consistent with the 2002 Update to the Water Master Plan as adopted by the Board on February 25, 2003 as A study to be completed in 2003 to identify reliability improvement~ for .......... .- agenda item 10(A). 1~ "~7'~ the pumping station was recommended as part of the 2002 Update to the Water Master P n. ti0. / / JUN 1 Executive Summary Funding for RWBPS Reliablity Improvements Page 2 A budget amendment is needed to transfer funds in the amount of $35,000 from Reserves for Capital Outlay in Fund 412 to project 71004, RWBPS Reliability Improvements. Source of funds is Water User Fees (412). A budget amendment is needed to transfer fimds in the amount of $206,000 from Reserves for Capital Outlay in Fund 412 to project 71008, Noise Control Remote Facilities. The estimated budget is broken down as follows: Engineering study to assess needs and identify noise control measures, $35,000; and property acquisition including all closing costs, $171,000. Source of funds is Water User Fees (412). GROWTH MANAGEMENT IMPACT: The recommended action will have no impact on the Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the necessary budget amendment related to Raw Water Booster Pumping Station reliability improvements, noise control, and property acquisition in the amount of $241,000. Karl W. Boyer, P.E., Utilities Engineering Principal Project Manager 'Roy B/Anderson, P.E., Utilities Engineering Director/ Paul Mattausch, Water Dire,~~ W DeLony, P.E., Public Ut)ffties Administrator IGi:NI)A ITCH ~.~ im JUN I 0 2003 EXECUTIVE SUMMARY APPROVE THE PURCHASE OF A 1.65-ACRE SITE ON IMMOKALEE ROAD FOR A WASTEWATER MASTER PUMP STATION AT A TOTAL COST NOT TO EXCEED $47,635 (PROJECT NO. 73153). OBJECTIVE: Request approval and execution of the Purchase Agreement (Agreement) between 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 (hereinafter referred to as the "Board"), and Katherine Crevier and her husband, Robert C. Crevier, Sr., for the purchase of a 1.65-acre portion of Tract 84, Unit No. 20, Golden Gate Estates (Site). CONSIDERATIONS: The purpose of this transaction is to acquire property to accommodate a proposed master pump station for the 16-inch force main being constructed along Immokalee Road to provide transmission of wastewater to the Northeast Regional Water Reclamation Facility at Orangetree. The need for this facility has been identified in the 2002 Wastewater Master Plan Updates approved by the BCC on February 25, 2003, Agenda Item 10(B). Our staff Real Estate Appraiser valued the 1.65 acres at $23,000 per acre. The Creviers will not sell for less than $45,969, based upon a $27,860 per-acre price that was paid to them by the Transportation Division in November 2002 for right-of-way for the widening of Immokalee Road. However, this price per acre falls within the current understanding between Real Estate Services and the Public Utilities Division that the greater of $5,000 above or 125% of the appraised value is justified as a purchase price whereby the cost of condemnation (estimated to be $40,000/parcel) and associated delays can be avoided. Because the purchase price is higher than the appraised amount, approval of this Agreement will require an affirmative vote of not less than four members of the Board (supermajority vote). Real Estate Services sent out inquiries to 22 property owners on the north and south side of Immokalee Road in the vicinity of the desired location for this facility. Responses from two (2) willing sellers were received and evaluated. The 1.65-acre site being presented for approval was selected based upon the following criteria: 1. Lowest price per acre. 2. Preferred location from an operational standpoint. 3. Suitable for providing necessary buffer from adjacent uses. 4. Affords potential for future use as a well site. Staff is awaiting a report from the County's Pollution Control Department advising of any environmental concerns at the site. If the results are unfavorable, the Agreement can be terminated with proper notice. The Purchase Agreement and Warranty Deed will be reviewed and approved by the County Attorney's Office and the Public Utilities Engineering Department prior to execution and recordation. JUN ! 0 2003 EXECUTIVE SUMMARY Purchase of 1.65 Acres, Master Pump Station Page 2 FISCAL IMPACT: The total cost of the transaction should not exceed $47,635 ($45,969 for the Site, $1,140 for an Environmental Task 1 Audit, and $525 for a title commitment, title policy and recording of documents). Funding for this obligation is available in and consistent with the FY 03 Capital Budget approved by the BCC on September 18, 2002. Current appropriations are identified in the Sewer Impact Fee Fund (413), Master Pump Station - Immokalee Road East and Area "B" (Project 73153). The soume of funds is Wastewater Impact Fees. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: Staff is recommending the Board of County Commissioners: Approve the Agreement and accept the Warranty Deed once it has been received and approved by the County Attorney's Office and Public Utilities Engineering Department; and 2. Waive the requirement for a formal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statutes; and 3. Authorize Chairman Tom Henning to execute the Agreement and any and all other documents related to this purchase; and 4. Authorize staff to prepare related vouchers and Warrants for payment; and Direct staff to proceed to acquire the subject site, to follow all appropriate closing procedures, and to record the deed and any and all necessary documents (once approved by the County Attorney' s Office) to obtain clear title to the property. PREPARED BY: <~,~.~~x~_~_~,~ DATE: Sharman Veger, Property Acquisition Specialist Real Estate Services Facilities Management Department REVIEWED BY: DATE: Toni ~. M~....~, Property Acquisition & Sales Supervisor Real Estate Services Facilities Management Department AG£1~ID~ JUN, 0 2003 EXECUTIVE SUMMARY Purchase of 1.65 Acres, Master Pump Station Page 3 REViEWED BY:~/~I~ 5¢ 5~v 1__~ DATE: Charles E. Carrington, Jr., SR/WA, Manager Real Estates Services ii,es Management Depart?At REVIEWED ~ FDaac~ilie~ieRs' ~l°adn;igegU'~ a r t r~;~;t°r Harry E. Huber, Senior Project Manager Public Utilities Engineering Department REVIEWED BY'.~/~~ - ~ DATE: Roy/l~.~Anderson, P.E., D~ector Pu~ic Utilities ~~~g Department APPROVED B~~~7 DATE: '-/~Ja~n~s _W:_D.eL~_n.y,.PA, Administrator . / Public Utilities Division JUN 1 0 2003 FACT SHEET FORMAT FACT SHEET DATE May 14~ 2003 SUBJECT: Master Pump Station - Immokalee Road East, Area "B" Purpose: The information herein is provided as justification for the purchase of a 1.65 acre site for placement of a Master Pump Station associated with transmission facilities serving the Northeast Regional Service Area as identified in the current Wastewater Master Plan Update. Background/Considerations: The Public Utilities Division and Real Estate Services have been actively pursuing the acquisition of a site for location of a Master Pump Station in the Northeast Region based upon the need as identified in the 2001 and 2002 Wastewater Master Plan Updates. The staff has completed negotiations and is presenting an Agreement for Sale and Purchase of a 1.65 acre site located along the south side of Immokalee Road approximately '/2 mile west of Wilson Boulevard (see attached location map). The site is consistent with the location identified in the Master Plan Updates. A site measuring 200 feet x 200 feet is considered to be the minimum area necessary to accommodate this facility. Purchase of the entire parcel (1.65 acres) is recommended whereby additional area will be available to provide buffering from adjacent residential uses. Future Actions/Considerations: A "Closing" date for this acquisition will be established upon approval of the A~eement for Sale and Purchase by the Board of County Commissioners. Such is tentatively set for June 13, 2003. Thence, a consultant will be selected to proceed with the design of the facilities to be located on this property. Coordination Required: Construction of this facility will need to be coordinated with placement into service of the 16-inch force main being constructed along Immokalee Road. Fiscal Impact: The total cost of this acquisition is estimated to be in the amount of $47,634.00. Funding for this purpose is appropriated in the FY03 budget. The appropriation is contained in the Sewer Impact Fee (Fund 413) under Project Number 73153, Master Pump Station-Immokalee Road East, Area "B". The source of funds is sewer impact fees. JUN ~ 0 2003 Options: During the pursuit of this proposed acquisition, another potentially viable site was considered but the unit price/acre exceeded the negotiated price for this parcel. Recommendation: That the Board of County Commissioners approve the purchase of a site for location of a Master Pump Station as presented herein. JUN 1 0 200,t EXECUTIVESUMMARY APPROVAL OF A LEASE AGREEMENT WITH NEW YORK NEWCO SUBSIDIARY, INC., FOR THE INSTALLATION OF A COMMUNICATIONS TOWER AT VETERANS PARK FOR A FIRST YEAR'S INCOME OF $35,000. OBJECTIVE: Approve a Lease Agreement with New York NewCo Subsidiary, Inc., for the installation and operation of a communications tower at County-owned Veterans Park. CONSIDERATIONS: New York NewCo Subsidiary, Inc. (NewCo) contacted the County's Parks & Recreation Department inquiring as to the possibility of installing a communications tower at Veterans Park on Immokalee Road. Parks & Recreation has identified an area where the tower will not interfere with the public's use of the Park and, therefore, recommends that the County go forward with a lease. The intended use and terms of a lease were advertised in the Naples Daily News, as required by Florida Statutes 125.38, and the only response came from NewCo. Staff has negotiated a lease with NewCo for the installation and operation of a one hundred forty foot, self-supporting communication tower and related improvements including, but not limited to, an equipment shelter and eight-foot-high block, stucco security wall. The initial lease term is for five years with NewCo having the right to extend the lease for four additional five-year periods. The rent for the first year is $25,000. Annually thereafter, throughout the initial term of the lease and extension periods, the rent will be increased by four percent over the previous year's rent. In addition to the first year's rent, NewCo will pay the County a one-time contribution of $10,000 for Parks & Recreation's use for improving their operations and services. NewCo will also be removing an array of baseball field lights from an existing pole and installing them on the tower. NewCo is responsible for all cost associated with the construction, operation, and permitting of its facilities at the Park. NewCo may terminate the lease if it is unable to secure all required permits. The lease also includes a non-exclusive easement across the Park for NewCo to access its facilities. At the termination of the lease, the communications tower and improvements will become the property of Collier County. The attached lease has been reviewed and approved by the County's Attorney Office and Parks & Recreation Department. FISCAL IMPACT: The first year's annual rent of $25,000, the one-time $10,000 contribution, and all future rents will be deposited into the MSTD General Fund (111). GROWTH MANAGEMENT IMPACT: There in no impact to the Growth Management Plan. Agenda I ~ e. la No. JUN I 0 200t EXECUTIVE SUMMARY New York NewCo Subsidiary, Inc. Page 2 RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with New York NewCo Subsidiary, Inc., and authorize its Chairman to execute same and the Memorandum of Lease. PREPA RED B y:/) _//~,.~/~_~_~L/'6- ~-~'-,,~. DATE: ' RMie~lhaEesltaHt~ D°Ws gr..vl~cnegs' r °~tY (M~nagement Specialist REVIEWED By:~, ~.~ ~ I, ')CLA~ vx. ~- ~ ,--- ~.~ ChriS'les E. Carrington, J~., SR/WA, Manager Real Estate Services REVIEWED FDaac~il;:ieRs. RM~dn~aigg~ ~n t ~ e p~a r tDn~en~t or REVIEWED ~la/mes F[tzek, O~perations Manager ~Parks & Recreations Department REVIEWED BY: ~Ia~l~v R'am~ey, Di~'ecto r/'/] Parks & Recreation DepVart/ment DATE: DATE: DATE: APPROVED BY: Joh~ Dunnuck, Administrator Public Services Division Agenda Itenl l JUN I O 2003 ORI$1NAL I.,e~e # LEASE AGREEMENT THIS LEASE AGREEMENT entered into this ~ day of , 200..~ between New York NewCo Subsidiary, Inc., a Delaware corporation, authorized to do business in the State of Florida and whose mailing address is One Allied Drive, Little Rock, Arkansas 72202, hereinafter referred to as "LESSEE', and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR'. WITNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. Demised Promises LESSOR hereby le~ses to LESSEE and LESSEE hereby leases from LESSOR approximately a forty foot by forty foot section of vacant prope~y in order to r~nnove and replace the existing Light Pole located at the Veterans Park and constructing a flee-standing communications tower, to be no higher than One Hundred Forty (140) foot above natural grade, at the base of the tower, with related improvements, to be located at Veterans Park, Naples, Florida, which is further described in Exhibit "A" and which is attached hereto and made a part of this Lease, hereinafter referred to as the "Demised Premises," situated in the County of Collier and the State of Florida. All improvements shall be approved by LESSOR applying, and subject to, the terms contained in Article 5 of the Agreement. LESSEE shall, according to LESSOR'S direction and specifications, construct and occupy a building or shelter to house LESSEE'S equipment on the Premises as more particularly described in Exhibit "A". All costs associated with the construction of the shelter shall be the responsibility of the LESSEE. LESSEE shall be responsible for all costs associated with the maintenance and replacement of the tower throughout the life of this Lease. Not withstanding any provision in this Lease, including Article 7 and Article 17, Upon the termination or expiration of this Lease Agreement, the Communication Tower and equipment shelter shall become the property of Collier County, Florida. LESSEE shall be required to obtain the required use permit(s) (conditional or othen~'ise) for constructing and operating the communications tower and the building or shelter at the Demised Premises pursuant to those terms outlined in the Collier County Land Development Code and all applicable ordinances. LESSOR does not make any representations or warranties with respect to the Demised Premises to the LESSEE. The LESSEE accepts the Demised Premises in "as is" condition and there shall be no abatement for defec~ in the Demised Premises or from violations of law with respect thereof and LESSEE shall not hold LESSOR liable for any defects in or defective conditions of the Demised Premises or to title thereto. LESSEE'S obligation to perform under this Agreement shall be subject to and conditioned upon: (a) LESSEE'S obtaining, at its option and cost, a title report or commilment for a leasehold title policy from a title insurance company of LESSEE'S choice which must show no defects or restrictions of title or any liens or encumbrances which may adversely affect LESSEE'S use of the Premises or LESSEE'S ability to obtain financing; Co) LESSEE'S obtaining, at its option and cost, a survey, geotechnical report and analysis tests which must show no defects which, in the opinion of the tenant, may adversely affect LESSEE'S use of the Premises; (c) LESSEE'S approval of the condition of the Premises, which may be subject to, at LESSEE'S option, an environmental audit of the Premises performed by an environmental consulting firm of LESSEE'S choice; (d) LESSEE'S securing appropriate approvals for LESSEE'S Intended use of its Equipment on the Premises from the Federal Communications Commission, the Federal Aviation Administrator, and any other federal, state or local regulatory agency having jurisdiction over LESSEE'S pwposed use of the Equipment; and In the event of a failure of any of the above referenced conditions precedent within 120 days of execution of this Agreement, LESSEE may terminate this Agreement through written notice to 2003 - Owner and by restoring the Premises to its condition as of the date of the execution of this Agreement. (f) LESSEE shall imeorm LESSOR, in writing, regarding the title report, geotechnical report and analysis, environmental audit, and obtaining required government approvals. LESSOR hereby grants to LESSEE a non-exclusive access easement throughout the life of this Lease for free ingress and egress and for the installation and transmission of utilities on the Demised Premises seven (7) days a week, twenty-four (24) hours a day. No aboveground structures shall be constructed in the access easement or outside of the Demised Premises. Said easement area is shown on Exh?oit "A.' Concurrently with the initial construction of the tower, at no cost to LESSOR, LESSEE shall relocate and install the existing lights from the existing light pole at the same height they are currently located to the new tower. ARTICLE 2. Term of Lease The initial term of this Lease Agreement shall be for a term of five (5) years commencing upon the date LESSEE is issued a permit to construct the tower and terminating at midnight at the last day of the fifth year following that permit issuance date, hereinafter referred to as "Initial Term." This Lease will be automatically renewed for four (4) additional terms of five (5) years each, hereinafter referred to as "Renewal Term", unless LESSOR or LESSEE notifies the other of its intentions not to renew at least ninety (90) days prior to expiration of the then current term~ LESSOR reserves the right to terminate this Lease, by providing LESSEE with written notice, if LESSEE shall violate any provisions of this Lease and not remedy such defaults as required in Article 11 herein. LESSEE shall terminate this Lease, at any time, with or without cause, by providing LESSOR with ninety (90) day advanced written notice. In addition, LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to he used or occupied for any purpose that is not authorized by this Lease or is contrary to law or rules or regulations of any public authority having jurisdiction over the Demised Premises. ARTICLE 3. Preoccupancy Rent and Annual Rem PREOCCUPANCY RENT Prior to, and until the first day of the month, whereby a permit to construct at the Demised Premises is issued, the annual rent shall be One Thousand Two Hundred Dollars ($1,200.00) for twelve (12) months (hereinafter referred to as "Preoecupanoy Rent"), of which shall he prepaid in advance thirty (30) days from the date in which this Agreement is executed by LESSOR. Any unearned balance shall be credited against LESSEE'S first payment of $25,000. In the event that LESSEE does not obtain a permit in order to construct upon the Demised Premises for the intended use prior to 365 days of the date specified on the first line of Page 1 of his Lease, LESSEE may either terminate this Lease upon written notice to LESSOR, without further obligation or liability; or may notify LESSOR of the date LESSEE obtains its permit to construct and allows this Agreement to remain in full force and effect, at which time, the $100.00 per month Preoccupancy Rent shall automatically increase to $25,000.00 per year on the Conunencement Date as defined below. Whereby said annual rent shall be payable in full The purpose of the Preoccupancy Rent is to allow LESSEE ample time to perform necessary testing on the site and sufficient time to obtain all permits in order to utilize the property as this Lease intends. ONE-TIME CONTRIBUTION LESSEE has agreed to provide 'LESSOR with a one-time payment of Ten Thousand Dollars ($10,000.00) to be paid in full and to he paid within thirty days from LESSOR'S execution of this Lease. Date"), the LESSEE hereby covenants and agrees to pay as rem for the Demised Premises the sum of. Twenty Thousand Dollars ($25,000.00), hereimfler referred to as "Annual Rent," as rent for the first year of occupancy and shall be forwarded to the Real Property Management Department at the address set forth in Article 13 of this Lease. The parties shall confirm this Lease Comn~ncemem Date by letter. PO, ~ ...... Following the first full year of Annual Rent, the Annual Rent set forth abo~e shall be increased by an amount equal to four percent (4%) over the Rent paid by LESSEE during the immediately preceding yearl (for example: the rent due on the first anniversary date shall he $26,000.00; the rent due on the second anniversary date shall be $27,040.00; the rent due on the third anniversary date shall be $28,121.60 etc; and the rent due on the fourth anniversary date shall be $29,246.46.). ARTICLE 4. Other Expenses and Char~es LESSEE shall pay all utility charges applicable to the Demised Premises including, but not limited to charges for electricity, air conditioning, water, telephone or other communication services used, rendered or supplied thereupon or in connection with the Demised Premises,. LESSOR shall pay all utility charges applicable to the lights that are to be relocated from the existing light pole and installed by LESSEE on the freestanding communications tower. ARTICLE 5. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE must provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing, and in meaningful detail, the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated staxting and completion time for such project. LESSOR or its designee will then have up to thirty (30) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. LESSEE agrees and acknowledges that it is solely responsible for obtaining all licenses, permits and variances that may be required for its contemplated use of the Demised Premises. LESSEE covenants and agrees in connections with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinance, rules, regulations, and requirements of the United Sates of America, State of Florida, County of Collier, and any and all other governmental agencies having subject matter jurisdiction. The execution of this Lease by LESSOR shall not be construed by LESSEE as a substitute for, or exemption from, those licenses, permits, or variances that may be needed by the LESSEE for its contemplated use of the Demised Premises, nor exempt the LESSEE fi'om its duties under Federal, State and local laws.. Notwithstanding anything to the contrary, LESSEE may upgrade its installation without the consent of the LESSOR. For the purpose of this Article, "Upgrade" shall refer to improvements or enhancements to the installation which would not increase the amount of leased space on the ground and would not otherwise require a permit. ARTICLE 6. Access tO Demised Premiss LESSEE, its duly authorized agents, contractors, representatives, employees and other tenants shall have the right to enter into and upon the Demised Premises twenty-four (24) hours a day, seven (7) days a week. ARTICLE 7. Assignment and SubteRi~ LESSEE may assign this Lease provided LESSEE promptly notifies LESSOR of such assignment and the assignment is subject to the provisions of this Lease. Further, LESSEE may, upon notice to LESSOR, mortgage or grant a security interest in this Lease and the Communications Facility, and may assign this Lease and the Communications Facility to any such mortgagees or holders of security interests including their successors and assigns (hereimRer collectively referred to as "Mortgagees"). In such event, LESSOR shall execute such consent to leasehold financing as may reasonably be required by Mortgagees. LESSOR agrees to notify LESSEE and LESSEE'S Mortgagees simultaneously of any default by LESSEE and to give Mortgagees the same fight to cure any default as LESSEE. LESSEE at its sole discretion shall have the absolute right to sublease or license the Premises or any portion to others for the purpose of radio transmission and communication service. LESSEE'S Agend,~. NO. UN 1 0 2003 Sublessee(s) shall be entitled to fights of inwess and egress to the Premises and Easement and the fight to install utilities on the Premises and Easement as if said Sublessee were LESSEE under this Lease. ARTICLE 8. Indemnity LESSEE shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, mits, demands, judgments, costs, interest and expenses (including, but no limited to, attorneys' fees and disbursements both at trial and appellate levels) arising directly or indirectly, from any injury to, or death of; any person or persons or damage to property (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting fi'om any default by LESSEE in the performance of LESSEE'S obligations under this Lease or otherwise, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding it'LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. ARTICLE 9. Insurance LESSEE shall provide and maintain general liability and property liability insurance policy(ies), approved by the Collier County Risk Management Department, for not less than One Million Dollars ($1,000,000.00) combined single limits during the term of this Agreement. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No/100 Cents ($100,000.00) each accident. Such insurance policy(les) shall list and continuously maintain Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, W. Harmon Turner Building, Naples, Florida, 34112, for approval prior to the cornrnencement of this Lease Agreement; and shall include a provision requiring not less than ten (10) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. LESSOR reserves the fight to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice LESSEE shall have thirty (30) days in which to obtain such additional insurance. ARTICLE 10. Maintenance LESSEE shall maintain the tower and all related ground equipment at its sole cost and expense excluding equipment of any subtenants of LESSEE. If by LESSEE'S use of the property, the Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within ten (10) days of the receipt of such notice, LESSOR may cause the same to be cleaned and corrected and LESSEE shall assume and pay all such necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incumxl by LESSOR. LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its employees, agents, independent contractors, guests, invitees, licensees, or patrons. If applicable, LESSEE, at its sole cost, shall remove from the Demised Premises in accordance with all applicable rules, laws and regulations, all solid, liquid, semisolid, and gaseous trash and waste and refuse of any nature whatsoever which accumulates or arises from LESSEE'S use of the Demised P,¢mises. Such trash, waste and refuse shall be stored in closed containers approved by the LESSOR. ARTICLE 11. Default by LESSEE in with provision or covenant of this Lease shall constitute a default whereby default LESSOR may, at its option, terminate this Lease by giving LESSEE thirty (30) days written notice to vacate the Demised Premises unless the default is fully cured within that thirty (30) day notice period If the default may not reasonably be cured within a thirty (30) day period, LESSOR may not terminate this Agreement if the defaulting party commences action to cure the default within such thirty (30) period and proceeds with due diligence to fully cure the default. However, the occurrence of any of the following events shall constitute a default by LESSEE and this Lease may be immediately terminated by LESSOR except to the extent then prohibited by law: (a) Abandonmem of Demised Premises or discontinuation of LESSEE'S operation. (b) Falsification of LESSEE or an agent of LESSEE of any report required to be LESSOR pursuant to the terms of this Lease. (c) Filing of insolvency, reorganization, plan or arrangement of bankruptcy. fumished to (d) Adjudication as bankrupt. (e) Making of a general assignment of the benefit of creditors. (f) If LESSEE suffers this Lease to be taken under any writ of execution. The LESSOR may, at its option, terminate this Lease after providing LESSEE with thirty (30) days written notice if a lien is filed against the leasehold interest of the LESSEE, and the lien is not removed within that thirty (30) day notice period, pursuant to the law or otherwise. If LESSEE fails to pay, when due, any rental paymem, or any other sm payable to LESSOR under this Lease, and frs,aid sum remains unpaid for more than ten (10) days past the due date, the LESSEE shall pay LESSOR a late payment charge equal to five (5) percent of any payment not paid promptly when due. Any amounts not paid promptly when due shall also accrue simple interest of one and one half (l~A) percent per month or the highest interest rate then allowed by Florida law, whichever is higher, which interest shall be paid by LESSEE to LESSOR. ARTICLE 12. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice to LESSOR by LESSEE properly and in meaningful detail specifying wherein LESSOR has failed to perform any such obligations. 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing delivered to the other party at the following addresses, or changes thereto which have been notified to the other party: LESSOR: Board of County Commissioners c/o Real Property Management Department 3301 Tamiarni Trail East, Administration Building Naples, Florida 34112 LESSEE: ALLTEL Wireless Holdings, LLC c/o ALLTEL Communications, Inc. P.O. Box 2177 Little Rock, AR 72203-2177 Attn: Property Management Department (501) 905-7375 Copy to: Park and Recreation Department Director Office of the County Attorney Copy to: ALLTEL Wireless Holdings, LLC c/o ALLTEL Communications, Inc. One Allied Drive Little Rock, AR 72202 Attru Property Management Department ARTICLE 14. Surrender of Premises At the expiration or termination of this Lease, at its sole cost and expense, LESSEE shall remove its antenna and any related equipment placed upon the Demised Premises throughout the life of this Lease within sixty (60) days fxom thc expiration, termination, or early termination, of this Lease. UN 1 20O3 ARTICLE 15. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the above-referenced Demised Premises is limited to that provided to any other business or agency situated in Collier County, and acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole respons~ility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself; its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities or otherwise. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all tax imposed on the leasehold interest or otherwise related to the rental of the Demised Premises to the extent applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes and other taxes, if any, that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 16. Environmental Concerns If after LESSEE takes possession of the Premises ba?ardous Materials are discovered to exist on, under or beneath the Premises, LESSEE may terminate this Agreement and LESSEE shall owe no further duties, obligations or liability to LESSOR. LESSOR shall be responsible for, and hold LESSEE harmless fi.om, any expenses incident to the abatement or compliance with the requirements of any federal, state or local statutory or regulatory requirements caused directly or indirectly by the activities of LESSOR and LESSOR'S agents, employees or contractors, or resulting fi.om the presence of Ha?ardous Materials hereafter brought onto the Premises by LESSOR'S or LESSOR'S agents, employees, licensees, invitees, tenants or contractors. LESSEE shall comply with all laws, ordinances, rules, orders or regulations applicable to Ha?ardous Materials. LESSEE shall not use the Premises or the Easement for treatment, storage, transportation to or fi'om, use or disposal of Hazardous Materials (other than petroleum products necessary for the operation of an emergency electrical generator to serve the Equipment). LESSEE shall be responsible for and hold LESSOR harmless fi.om, any expense incident to the abatement or compliance with the requirements of any federal, state or local statutory or regulatory requirements caused, directly or indirectly, by the activities of LESSEE or LESSEE'S agents, employees or contractors, or resulting from the presence of any Ha?ardous Materials brought onto the Premises by LESSEE, LESSEE'S agents, employees, licensees, invitees, or contractors. As used in this Agreement, "Hazardous Materials" shall mean any and all polychlorinated byphenyls, petroleum products, asbestos, urea formaldehyde and oth~ ba?ardons or toxic materia~ wastes or substances, any pollutants, and/or contaminants, or any other similar substances or materials which are defined or identified as such in or regulated by any federal, state or local laws, rules or regulations (whether now existing or hereinafter enacted) pemfining to environmental regulations, contamination, cleanup or any judicial or administrative interpretation of such laws, rules or regulations or any substance that at~er release into the environment and upon exposure, ingestion, inhalation or assimilation, either directly from the environment or directly through food chains will or may reasonably be anticipated to cause death, disease, behavior abnormalities, cancer or genetic abnormalities. ARTICLE 17. Interference LESSEE covenants and agrees that LESSEE'S communication equipment, its installations, operation and maintenance will: A. Not interfere with the operation of LESSOR'S radio equipment. In the event there is interference by LESSEE, LESSEE will promptly take all steps necessary to correct and eliminate same within a reasonable period of time. If LESSEE is unable to eliminate such interference mused by it within 48 · hours after receipt of written notice from OWNER, LESSEE shall temporari~ disconnect the electric power and shut down its equipment (except for intermittent operation for the purpose of testing, after performing maintenance, repair, modification replacement, or other action taken for the purpose of No. /~ JUN I 0 2003 correcting such interference) and if such interference is not corrected within 30 days after receipt of the written notice, Tenant agrees to remove the Equipment from the Communication Tower and this .Agreement shall terminate as if by expiration.. B. Not interfere with the maintenance of LESSOR'S operations at the Demised Premis~. C. Comply with all applicable rules and regulations of the Federal Communications Commission and electrical codes of the City and/or State concerned. LESSOR acknowledges that LESSEE intends to record a Memorandum of Lease with the appropriate recording officer upon execution of this Lease. LESSOR shall execute such a Memorandum promptly upon LESSEE'S request. ARTICLE 1 $. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. ARTICLE 19. Extent of Liens All persons to whom these presents may come are put upon notice that no interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by or through the LESSEE, also for improvements made by the LESSEE are specifically prohibited fi:om attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. ARTICLE 20. Effective Date This Lease shall become effective, for pre-occupancy purposes, upon execution by both LESSOR and LESSEE. The Effective Date of Commencement of the first lease year is the date the permit to construct the tower is issued to LESSEE. ARTICLE 21. Governing Law This Lease shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,Deputy Clerk BY: TOM HENNING, Chairman No /6; J ! 0 003 Pg AS TO LESSEE: DATED: q'{ I°~ WITNESS (signnture~ (print name) ' WITNESS (si~-mture) (print nameI Approved as to form and legal sufficiency: ~ ev'X A si~s~t County Attorney Thomas C. Palmer, ' JUN 1 0 20O3 pcj. /~ EXHIBIT "A' C~NET ON )~Jw'r~ A/c uNrrs I I HIGli WQQJ)EN (lt.42 x 28..0 x.li 1 {.o' ~ (12,.3' NOYO2~) 12' 8' HlOfl BLOCK ~ w/SIUCCO ~ PR~ 140° UONOPOLE U~HI~ AT 75' m'. (1~' 10 'riP) EI'¢~ ~{TE FI, AN Agenda Item,* NO._ /~h /' JUN 1 0 2003 ". ;; ~ ;,,x'm Pre~red By: ALLTEL Communications, Inc. One Allied Drive, P.O. Box 2177 Littie Rock. AR 72202 Atln: Property Management Depntlm,mt MEMORANDUM OF LEASE This Memorandum of Lease ("Memorandum") is executed this __ day of , 2003 by and between COLLIER COUNTY, ("Owner") and New York NewCo Subsidiary Inc., a Delaware corporation ("Tenant") and evidences that on the __ day of , 2003, a Communications Site Lease Agreement was executed for the Property as that term is hereinafter defined. 1. Lease Term. The Initial Term of the Lease shall be five (5) years commencing on the day of .2003 and terminating at midnight on the day of ,2008. Tenant has the right to extend the Lease for four (4) additional five (5) year terms. 2. Property. Subject to the terms of the Lease, Owner has leased to Tenant the use of a portion of the real property described in Exhibit "A" attached hereto ("Property"), and Owner has granted Tenant an easement for ingress, egress and utilities over that property described in Exhibit "B" attached hereto ("Easement"). 3. Notices. All notices, requests, demands, and other communications to the Owner or Tenant shall be made at the following addresses: If to Owner, to: Board of County Commissioners C/0 Real Property Management Department 3301 Tamiami Trail East, Administration Building Naples, FL 34112 If to Tenant, to: ALLTEL Communications, Inc. One Allied Drive P.O. Box 2177 Little Rock, AR 72203 Attn: Property Management Department Site Name or Number Talla*ee, AL/Montgomeo~ MSA L~gen da leen~ · o IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date first set forth above. W~TNESS: OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I~TNESS: By: TOM HElqNING, Chariman New York Nej~7.o Subsidi,~y, Inc. " Title: . Vice'President - Network Services ACKNOWLEDGMENT STATE OF F~-I~W/;/4 ) t , I, the undersigned, a Notary Public in and for said State and County, do certify that , personally appeared before me this day and acknowledged that they have executed the foregoing instrument for the purposes contained therein. WITNESS my hand and notarial seal this __ day of ,200~. My commission expires: Notary Public STATE OF ARKANSAS ) ) COUNTY OF PULASKI ' ) r',, "· '~ F4~laxv'x'~ Public of Pulaski County, State of Arkansas, certify that James E McDona day and acknowledged that he is Vice President - Network Services of ALLTEL Communications, Inc., a Delaware corporation, and that, by authority duly given and as the action of the corporation, the foregoing instrument was signed in its name by such officer thereof. WITNESS my hand and otTxcial seal, this .~ day offal./_., 20fl~ My commission expires: - ~ Notary Publicv ..~ -- Notary t't mc. State of Az-kansas No. 97-038296 Qualified in Pulaski County Commission Expires May 27, ~007 Site Nmm~ er N~mb~ Tallness, AL/blontlou~ry MSA J U FI 1 0 2003 pg. j3 _ EXECUTIVE SUMMARY PPROVE MODIFICATION TO PURCHASE ORER #103221 WITH J. ROLAND LAIEBER LANDSCAPE ARCHITECTS FOR GOLDEN GATE COMMUNITY CENTER EXPANSION ~: To increase the scope of work of purchase order #103221 with J. Roland Lieber Landscape Architects for the Golden Gate Community Center expansion. Considerations: In early 2001 the Landscape Architect Consulting Contract Award was pending award and no work orders were being issued. When landscape architectural services became necessary in the course of the Golden Gate Community Center expansion project, Purchasing Department staff issued a purchase order instead of a work order in order to avoid delay on the project. On January 9, 2001, purchase order #103221 in the amount of $19,500 was issued to J. Roland Lieber Landscape Architects for landscape architecture consulting services. On May 13, 2002 staff approved a purchase order modification in the amount of $5,403.05 for site redesign. Staff is now requesting an additional modification in the amount of $1,900 for additioe~ construction inspection services. The cumulative amount of the original purchase order and the modifications is $26,803.05. Because this cumulative amount exceeds $25,000, staff is requesting that the Board approve the additional modification. ~: The necessary funds are budgeted in the Golden Gate Community Center expansion project (#80163). Source of funds for this project is Community Park Impact Fees (Fund 368). Growth Mana.clement Imoact: The value of the expanded facility will be inventoried in the Growth Management Plan. Recommendation.: That the Board of County Commissioners approves purchase order modification #2 in the amount of $1,900 to purchase order #103221. '- AmandaO.'T0wnse d, p ' ,-,y-,~ ' i// Pa~and ~ecre!tli~n Department ./ Parks and Recreation tJetmrtment AGENDA IIEM JUN 1 0 2003 Pg. / Reviewed by: Approved by: t/~rchasing Department tm Durmuclc, Administrator vision of Public Services AGENDA ITEM ,o._ JUN 1 0 2003 Pg. EXECUTIVE SUMMARY APPROVE MODIFICATION TO PURCHASE ORER #103221 WITH J. ROLAND LIEBER LANDSCAPE ARCHITECTS FOR GOLDEN GATE COMMUNITY CENTER EXPANSION ~: To increase the scope of work of purchase order #103221 with J. Roland Lieber Landscape Architects for the Golden Gate Community Center expansion. Considerations: In early 2001 the L~ndscape Architect Consulting Contract Award was pending award and no work orders were being issued. When landscape architectural services became necessary in the course of the Golden Gate Community Center expansion project, Purchasing Department staff issued a purchase order instead of a work order in order to avoid delay on the project. On January 9, 2001, purchase order #103221 in the amount of $19,500 was issued to J. Roland Lieber Landscape Architects for landscape architecture consulting services. On May 13, 2002 staff approved a purchase order modification in the amount of $5,403.05 for site redesign. Staff is now requesting an additional modification in the amount of $1,900 for additional construction inspection services. The cumulative amount of the original purchase order and the modifications is $26,803.05. Because this cumulative amount exceeds $25,000, staff is requesting that the Board approve the additional modification. ~: The necessary funds are budgeted in the Golden Gate Community Center expansion project (#80163). Source of funds for this project is Community Park Impact Fees (Fund 368). Growth Mana.qement Impact: The value of the expanded facility will be inventoried in the Growth Management Plan. Recommendation: That the Board of County Commissioners approves purchase order modification #2 in the amount of $1,900 to purchase order #103221. ~'~ . -- ~-- Submitted by: ~.._._ Am'a~da O.-~wnsend, Operations C~ordinator Pa/~and ~ecregl~In Department ./ Reviewed by: lq.la O. Rarnsey, Dir_t0Ct'or I / // -' Parks and Recreation Department AGENDA ITEM No ..... JUN 1 0 2003 Pg. / Reviewed by: Approved by: S , Director ~/~rchasing Departmen~t~ J~hn Dunnuck, Administrator I~ivision of Public Services Date: Date: AGENDA ITEM .o._ '16; ~ JUN 1 0 2003 Pg._ ~_ EXECUTIVE SUMMARY RENEWAL OF BID NO. 00-3091, "FLEET VEHICLES", WITH TAMIAMI FORD, INC., FOR THREE YEARS, AT AN ESTIMATED CONTRACT VALUE OF $3,600,000. OBJECTIVE: Obtain Board approval to renew Bid No. 00-3091, "Fleet Vehicles", with Tamiami Ford, Inc., for three years, beginning October 1, 2003, and ending September 30, 2006. CONSIDERATION: The current fleet vehicle bid with Tamiami Ford, Inc., for automobiles and lighffmedium trucks expires September 30, 2003. The contract has been in effect three years and has been very successful from the aspects of giving our business to a local dealer and acquiring our vehicles at extremely low prices, mostly below State contract prices. Inquiries for the original bid were sent to 34 dealers in the South Florida area including all local qualifying dealerships. The bid covers purchases of automobiles, vans, sport utility vehicles, and light/medium-duty trucks up to 20,000 pounds Gross Vehicle Weight Rating (GVWR). It was effective October 1, 2000, for three years, with a renewal option for an additional three years. The three-year renewal option was presented to encourage participation and best pricing. The only bidder was Tamiami Ford, Inc., of Naples. Buying small vehicles solely from Ford the last three years has had the positive effects of reducing required parts inventory, tools, and technician training. Those positive effects are expected to continue with renewal of this contract. Tamiami Ford has agreed to renew the contract under the original terms. FISCAL IMPACT: Approximately 180 vehicles are expected to be purchased from this contract during the next three years with an estimated cost of $3,600,000. Funds will be budgeted in the capital budgets of various departments with replacement and expanded vehicle requirements. GROWTH MANAGEMENT IMPACT: No growth management impact will result from this contract renewal. RECOMMENDATION: The Board approve renewal of Bid No. 00-3091, "Fleet Vehicles", with Tamiami Ford, Inc., for.three years beginning October 1, 2003, and ending September 30, 2006. SUBMITTED BY: REVIEWED BY: /~'/ Date: ~D~n Croft, Fleets, ~~-~/M~nag4n{entcDirect°r r Date:steve CamellTPurchasing Directo Date: ~inistrative S ervices-~dmi~isti'ator APPROVED BY: EXECUTIVE SUMMARY APPROVE CONTRACT AWARD FOR RFP 03-3470 "NETWORK SECURITY ASSESSMENT" (CONTRACT AMOUNT OF $32,640.00) OBJECTIVE: Obtain Board's approval of Committee's selection of firm for professional Network Security Assessment services and authorization to sign contract. CONSIDERATIONS: The Information Technology Department was budgeted in FY03 to perform a security assessment of the Collier County Computer Network and associated facilities. The consultant services selection process has been utilized to generate a request for proposals (RFP). The RFP was publicly advertised on January 9, 2003. Notices were sent to 89 firms with 69 firms requesting full packages. Fourteen responses were received by the due date of February 7th 2003. Selection Committee meetings were held, and after review and discussion of the proposals, and by consensus of the members, the committee made its selection based on a wide range of criteria. It is the recommendation of the committee to award the contract to: Guarded Networks A contract has been successfully negotiated with the recommended firm, which calls for an initial assessment of the Collier County network, however, pricing was included in the contract for the following assessment areas to be done at the option of each agency in the form of a purchase order: Clerk of Courts, EMS, Libraries, Supervisor of Elections, Wastewater Departments SCADA application. FISCAL IMPACT: Funds are budgeted for the Collier County assessment in the current FY03 budget within the 001-121143 cost center. The amount of the awarded contract is $32,640.00. The funds for each optional assessment will be budgeted by the appropriate using agency. GROWTH MANAGEMENT IMPACT: No foreseeable impacts are anticipated. RECOMMENDATION: That the Board of County Commissioners: (1) Approve the contract with Guarded Networks, Inc.; and (2) Authorize the Chairman to sign the standard, County Attorney approved contract. Barry Axyv~d, L2ffrector Information Technology Department -1- Date: JUN 1 0 2003 / REVIEWED BY: . Steve Camell, Director Purchasing/General Services Department REVIEWED BY~ Acting Administrator, Administrative Services APPROVED BY: James V. Mudd, County Manager Date: -2- ,JUN 1 0 2003 / TABULATION' FOR RFP #03-3470 "Network Security Assessment" DATE OF RFP ADVERTISEMENT: 01/09/03 RFP DUE: 02/0'7/03 at 3:00 p.m. NO. OF NOTICES SENT: 89; VENDORS REQUESTED FULl., PACKAG] ++++++++++-H-+ H-+++++++++++ !: ', ~-+ ~ ~ ~ ~.++++++++++++-H-+++-H-++ Proposer City, State Original +' Pomero¥ Consulting Group Polar Cove Westin Guarded Networks, Inc. Enterprise Technology Partners 1 LC VC Con-qulting, 1 CompServ Axiom Corporation ~KPMG The Signature Group, Inc. Data Industries, Ltd. Avaya, Inc. IBM Co~poration -DynTek Mi ami Lakes, FL Providence, RI Rancho Cordova, CA 7_.ooper City, FL Orlando, FL Pompton Plaln.% NJ O_e_a,-water, FL Atlanta, GA Tampa, FL Vienna, VA New York, NY St. Petersburg, FL Coral Gables Irvine, CA Yes Ye.__.___.~._s Ye.____...L.._s Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 69 No No No No No No No No No No No e enedby Witness AGENDA ITEM ~ No -~L~ JUN 1_0 2003 EXECUTIVE SUMMARY,, RECOMMENDATION TO AWARD BID NO. 03-3466, GENERATOR REPAIR, MAINTENANCE & INSTALLATION, TO AAA GENERATOR, INC. FOR COUNTY- WIDE MAINTENANCE OF EQUIPMENT IN THE ESTIMATED ANNUAL AMOUNT OF $300,00O OBJECTIVE: To award Bid No. 03-3466 for Generator Repair, Maintenance & Installation for use on a County-wide basis. CONSIDERATIONS: Several departments within the County utilize generators of vadous sizes and horse power in their operations, which require the services of an outside vendor for repairs and maintenance. The majority of departments are not equipped or trained to perform major repairs or maintenance and, therefore, require the services of an outside vendor. Bid #03-3466 was posted on January 3, 2003. Thirty-three (33) inquiries were sent to vendors. Six (6) bids were received. Staff visited the Iow and second iow bidder. Superior Power Equipment Co. (SPE) was the Iow bidder and AAA Generator, Inc. (AAA) was the second Iow bidder. Staff has concerns about the SPE facilities, number of personnel, and apparent lack of inventory on site. Staff checked references and none of the references seem to be comparable in size or number of generators to Collier County Staff does not consider SPE to be a qualified bidder and recommends that the Board award this bid to AAA. AAA has held this contract for the last nine (9) years and has performed satisfactorily over that time period. FISCAL IMPACT: These services will be used by several different departments, Each user department has budgeted funds for pump and motor repair. GROWTH MANAGEMENT IMPACT: There is no growth management impact resulting from this decision. RECOMMENDATION: Maintenance & Installation to AAA Generator, Inc. SUBMITTED BY: REVIEWED BY: REVIEWED BY: That the Board award Bid No. 03-3466 for Generator Repair, ~~ ~/~ ~)/~" Date: ~'Ly/rf)(4. Wobd, Purchasing Agent Stev~ Carnell,~urchasing/General Services Director ~ Date: ~./~, '~'~ 'np, Interim Iministrative Services Adrriimstrator JUN Pg. / ,. J U N 1 0 EXECUTIVE SUMMARY APPROVE CONTRACT AMENDMENT INVOLVING CONTRACT #02-3364, "LIVINGSTON ROAD FROM IMMOKALEE ROAD TO LEE COUNTY LINE", TO CLARIFY THE LANGUAGE REGARDING THE ACCUMULATION AND SUBSEQUENT RELEASE OF CONTRACTOR RETAINAGE. OBJECTIVE: To obtain the Board of County Commissioner's approval of a contract amendment, which cladfies the current language regarding accumulation and subsequent release of contractor retainage. CONSIDERATIONS: Collier County is presently under contract with Bonness, Inc. for the Livingston Road from Immokalee Road to Lee County Line Project (No. 65041). The contract was awarded by the Board on May 14, 2002, Agenda item (16)(B)(9). The attached amendment outlining Article Four- Progress Payments, Section 4.4 Paragraph Four, was written to clarify the terms and conditions as written under the contract for language covering cumulative retainage and subsequent release of contractor retainage thereof. This amendment is in correlation with FDOT Technical Specifications, Section 9.6.1. On May 13, 2003, the Board approved a recommendation to clarify current purchasing policy guidelines regarding the accumulation and subsequent release of contractor retainage (Section XIV, Article J), Agenda item (16)(E)(13). As a result of the approval by the Board, future contracts, that require accumulation and release of retainage language, will utilize Section XIV, Article J of the Collier County Purchasing Policy. FISCAL IMPACT: There is no fiscal impact with respect to this Amendment. GROVVTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the contract amendment and 2. Auth~odze the Chairman to sign the amendment. L~i'd~. Jean'S, Contracts Agent REVIEWED BY: g/~ .~ ' Stephen Y. Carne~', Purchasing/General Services REVIEWED BY~~-~ DATE: V/S~-p ~a"rn-p, Intedn~ A-drn~nistrative Services Ad No./~'-~'-T JUN I 0 2003 EXHIBIT A-1 Contract Amendment No. 1 Contract # 02-3364 "Livingston Road from Immokalee Road to Lee County Line" This amendment, dated April 14, 2003, to the referenced agreement shall be by and between the parties to the original Agreement, Bonness, Inc. (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding # 02-3364 "Livingston Road from Immokalee Road to Lee County Line" By signing below, the Contractor agrees to amend the above referenced Contract as follows: Amendment To Article Four - Progress Payments, Section 4.4 Paragraph four to read as follows: Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the project schedule. The discretion of the project manager to reduce the percentage of cumulative retainage shall be subject to the following: That the term "cumulative retainage" is def'med to mean "the dollar total of the funds retained from all payments issued under the contract divided by the gross dollar total of all monthly pay requests (or the total of all payment mounts deemed allowable by the project manager, whichever is less)". That the project manager's decision shall be formally communicated in a letter to the Contractor's appropriate representative and that the letter affirmatively states that the contractor has performed the contract work in a satisfactory manner. 3. That the cumulative retainage not be adjusted until at least 50% of the work has been completed and paid for. 4. That the project manager's letter expressly sets forth the percentage of cumulative retainage to be held for the remaining pay requests. All other terms and conditions of the agreement shall remain in force. NO. [t./-(.~ - J U N 'J 0 200 1 Pg. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSULTANT (contractor) ATTEST: Corporate Secretary/Witness Dated: Title: Dated: CORPORATE SEAL ATTEST: AWI'R}TP: Approved as to form and Assistant County Attorney OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chairman, Tom Henning !Afi£NO~ ITEM, ti 2003 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD RFP NO. 03-3469, FIRE SPRINKLER TESTING, MAINTENANCE, AND INSTALLATION. (ESTMATED VALUE $102,000.00) OBJECTIVE: To award a Contract for Fire Sprinkler Testing, Maintenance and Installation to be used for the repair, maintenance and new installation of fire sprinkler systems. CONSIDERATION: The Department of Facilities Management is responsible for the maintenance and repair of all county facilities. Outside contractors are used by Facilities to provide proper testing and maintenance to our fire alarm systems. On March 11, 2003, notice of request for proposals were posted in the lobby of the Purchasing Building and RFPs were distributed to 13 f'u'ms who provide these services. On April 25, 2003, bids from one (1) f'u-m were opened. A Selection Committee meeting was held on May 15, 2003, and after review, scoring and discussion of the proposals, by consensus of the members, BSE was considered to be well qualified to provide these services to the County. FISCAL IMPACT: Fire Sprinkler Testing, Maintenance and Installation expenses average $102,000 annually. Funds are budgeted in Facilities Management Department operating and capital cost centers. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award RFP No. 03-3469 for Fire Sprinkler Testing, Maintenan~ and Installation to Building Systems Evaluation, Inc. dba BSE. SUBMITTED BY: /~¢,4d~ ~ Date: Scott D. Johnson, Purchasing Agent/t~, P3jreha~ing Department ~, /// / REVIEWED BY: bTmiel I~,. Kc~driguez, ~a~'~"~f~ector Date: Facilities Managem,~t"Dep~6-tment Styh~n Y. Cat'Il, DirectOr Purchasing/General Services APPROVED BY: ~SKi~trator Administrative Services Division JUN 1 0 2003 ! EXECUTIVE SUMMARY APPROVAL TO AWARD BID #03-3493 TO VANDERBILT BAY CONSTRUCTION, INC. AND TO ENTER INTO A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,650,406.00 FOR THE CONSTRUCTION OF THE GREY OAKS PUBLIC SAFETY FACILITY. OBJECTIVE: To obtain approval from the Board of County Commissioners to award Bid #03-3493 and to enter into a Construction Contract with Vanderbilt Bay Construction, Inc., for the construction of the Grey Oaks Public Safety Facility to be located on Airport-Pulling Road on the South corner entrance to Poinciana Elementary School. CONSIDERATIONS: Seven bids were received in response to request for bids (Bid #03- 3493) for construction of the Grey Oaks Public Safety Facility. Staff removed one bidder, Gary Wilkes, Inc., from consideration because the bidder did not include pricing for an add alternate (roofing system). Vanderbilt Bay Construction, Inc., had the lowest responsive bid at $1,650,406.00, which included the Base Bid of $1,619,855.00 and Add Alternate #3 for $30,551.00 for a total of $1,650,406.00 (see attached bid tabulation sheet). FISCAL IMPACT: This project was approved and budgeted for $2,100,000.00 by all three Commissions representing the owners. The ownership of the proposed facility will be 1/3 EMS, 1/3 N. Naples Fire District and 1/3 E. Naples Fire District. The project construction cost and associated maintenance will be distributed equally among the three owners for payment. The EMS and Fire District funds for construction will come from their respective impact fees. The construction cost of $1,650,406.00 is well within the project cost of $2,100,000.00. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATIONS: Award Bid #03-3493 and a Construction Contract to Vanderbilt Bay Construction, Inc, for the construction of the Grey Oaks Public Safety Facility, and authorize the Chairman to sign the Contract after review and approval by the County Attorney's Office. e Ck Crognale~'-Prin~:ipal Project Manager partment of Facilities Management REVIEWED BY: . Daniel Rodriguez, Department of F~ties Management DATE: DATE: 2003 Executive Summary Bid # 03-3493 Page 2 REVIEWED BY: Stev~-~. ~a~nell,v Director Purchasing Department DATE: APPROVED BY: ~ 4/Skip Ca'rip, Interim Administrator Administrative Services Division DATE: j EXECUTIVE SUMMARY APPROVE A DONATION BETWEEN GUY L. CARLTON, COLLIER COUNTY TAX COLLECTOR, AND COLLIER COUNTY FOR REAL PROPERTY HOUSING THE DRIVER'S LICENSE OFFICES ON AIRPORT ROAD, THE COST OF WHICH SHOULD NOT EXCEED $50. OBJECTIVE: Request approval and execution of the attached Donation Agreement (Agreement) between Guy L. Carlton, as Collier County Tax Collector, and Collier County for real property located at 725 Airport Road South. CONSIDERATIONS: The Collier County Tax Collector has assumed the responsibility for drivers' licensing operations from the State of Florida. The previous licensing facility on U.S. 41 East was inadequate and not well located in terms of service provision to the public. In order to acquire a suitable site and construct a building that would meet the needs of the Tax Collector by summer of 2002, it was agreed upon by then County Manager Tom Olliff and Tax Collector Guy L. Carlton that Mr. Carlton would purchase a site and construct a building and transfer title to Collier County upon completion. A four-acre site on Airport Road South was purchased and a 6,208 square-foot building constructed for this purpose (the Property). The Property is being donated to the County with the provision that the Tax Collector retains the right to use of the Property as along as the Tax Collector deems it necessary. Collier County will be responsible for the ongoing maintenance of the building and premises. FISCAL IMPACT: The total costs of acquisition should not exceed $50 for recording of documents. The funds shall be withdrawn from the General Fund (001). GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Donation Agreement; and 2. Authorize its Chairman to execute the Donation Agreement; and Direct staff to proceed to acquire the Property, to follow all appropriate closing procedures, and to record the deed and any and all necessary documents (once approved by the County Attorney's Office) to obtain clear title to the property. EXECUTIVE SUMMARY Tax Collector Property Page 2 PREPARED BY: Cindy M. E~, Sr. Property Acquisition Specialist Real Estate Servic~'s Facilities Management Department Toni A. Mott, Real Property Supervisor Real Estate Services Facilities Management Department REVIEWED BY: Charles E. Carrlngton, Jr, ~;Ra;WA, Manager Real Estate Services Facilities Management Department RE VIEWEDBY:~~-~J~~/ DATE: ,.~---_,.~;L-~...~ D~niel ~drigue'z, I-nte~Di~t~or - ' Facilities Manag~ Depdrtment Guy L.~arlton, Collier County Tax Collect APPROVED BY: ~~'~ (Sk i,, fimi,'tnter m Adminlstrato Administrative Services Division DATE: AGENOA ITEM .,~ No :/~--~'---- / JUN 1,0 2003 PROJECT: FOLIO: Driver's License Property 26430740008 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between GUY L CARLTON, AS COLLIER COUNTY TAX COLLECTOR, a governmental authority, (hereinafter referred to as "Owner"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as 'County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH: WHEREAS, Owner is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference; WHEREAS, Owner is desirous of donating the Property in fee estate to Collier County for the perpetual use by the Collier County Tax Collector for the purpose of (i) a Driver's License office, (ii) related offices that might assist or complement the issuance of Driver's Licenses (including but not limited to (a) an office for the Clerk of Court and (b) an office for the Sheriff's Department; and (iii) other offices to carry out the Tax Collector's official functions, as deemed necessary by the Tax Collector, in its sole discretion; WHEREAS, Owner desires to convey the Property to the County subject to the use by the Tax Collector for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Warranty Deed to County at no cost to the County, unless otherwise stated herein. 2. So long as Owner elects, Owner will have perpetual use of Property for the purposes of operating and maintaining (i) a Driver's License office, (ii) related offices that might assist or complement the issuance of Driver's Licenses (including but not limited to (a) an office for the Clerk of Court and (b) an office for the Sheriff's Department; and (iii) other offices to carry out the Tax Collector's official functions, as deemed necessary by the Tax Collector, in its sole discretion. The County shall not use the Property in any manner that would interfere with the above stated uses. The Property, and all improvements currently existing thereon, was acquired and constructed by Owner solely from Owner's funds which were budgeted in compliance with state statute. It is specifically the intent of the parties hereto that the Property and all permanent improvements thereon is being donated to County at no cost so that the Property will become County property, but be available for use by the office of Tax Collector in accordance with this paragraph so long as the Tax Collector's office elects to so utilize the Property. To the extent that this paragraph may now or at some point in the future violate the rule against perpetuities or a similar rule, or any constitution or law, whether state or federal (a "Violation"), it is the parties intent that this paragraph be interpreted in a manner to avoid such Violation but still carry out the intent of this paragraph. Therefore, the parties agree that if at any time such a Violation occurs or is deemed to be threatened or imminent, the parties agree to enter into a new agreement to carry out the intent of this paragraph that will not be a Violation, whether such agreement involves a long term, renewable lease for nominal consideration, or some other arrangement to carry out the intent of this paragraph. 3. For so long as the Tax Collector's office is occupying the Property, the County shall maintain the building and all other permanent structures located thereon, all equipment and fixtures necessary for the occupancy of the building and any other structures on the Property, (such as HVAC, plumbing and electrical equipment and fixtures), the parking lot(s) located on the I -i-'E M ,~,,'! 2003 Property, and.all landscaping located on the Property, and shall comply with any governmental permits pertaining to the ownership of the Property, including but not limited to any water management permit issued by any governmental authorily. For so long as the Tax Collector's office is occupying the Property, the Tax Collector shall be responsible for maintenance and replacement of all other equipment and furnishings necessary to carry out the business conducted on the Property (such as computer software and hardware, copying machines, photographic equipment, desks, and olher furnishings). 4. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Flodda. Owner shall provide such instruments, propedy executed, to County on or before the date of Closing. 5. This Agreement shall be null and'void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall Have the unilateral right to extend the term of this Agreement pending receipt of such instrumenls, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 6. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 7. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of any mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreemenls, undertakings, promises, warranties, or covenants not contained herein. 11. Owner does not hold the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others. 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: ,Deputy Clerk TOM HENNING, Chairman AS TO OWNER: WITNESSES: Witness (Signatu~) Name: O.J./t.~e- ~~- (Print) ~J ~-tne~a:~ignature) (Prin0 GUY L. COLLIER'COUNTY TAX COLLECTOR Approved as to form and legal sufficiency: Thomas Pal~er Assistant County Attorney EXHIBIT "A" DESCRIPTION OF COMMERCIAL TRACT ALL THAT PART OF LOT 15, COCONUT CREEK, UNIT NO, 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 108, COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST lA CORNER OF SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST AND WEST ~ LINE OF SAID SECTION 1, NORTH 89o25'50.' EAST 67.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF STATE ROAD 858 AND THE SOUTHWEST CORNER OF SAID LOT 15 AND THE POINT OF BEGINNING OF THE TRACT HEREIN BEING DESCRIBED; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE AND THE WEST LINE OF SAID COCONUT CREEK, UNIT NO. 1, NORTH 00o29'00" WEST 608.24 FEET; THENCE NORTH 89°24'10" EAST 467.78 FEET; THENCE SOUTH 31°18'41" WEST 574.13 FEET; THENCE SOUTH 00°34'10" EAST 120.95 FEET TO THE EAST AND WEST lA LINE OF SAID SECTION 1; THENCE ALONG SAID EAST AND WEST ~ LINE OF SAID SECTION 1, SOUTH 89°25'50" WEST 165.47 FEET TO THE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; CONTAINING 4.00 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. loll i EXECUTIVE SUMMARY APPROVAL TO AWARD CONTRACT #03-3448, ARCHITECTURAL SERVICES, TO HARVARD JOLLY CLEES TOPPE ARCHITECTS, IN THE AMOUNT OF $1,859,400, FOR THE DESIGN OF THE EMERGENCY OPERATIONS CENTER. OBJECTIVE: To Award Contract # 03-3448, design of the Emergency Operations Center to Harvard Jolly Clees Toppe Architects. CONSIDERATIONS: A selection committee comprised of representatives from Facilities Management, Emergency Operations, Purchasing, Sheriffs Department and the County's EMS Department reviewed the five proposals that were received by the due date of November 15, 2002. An initial ranking was made subject to a formal presentation by each of the five firms on January 15, 2003. The Selection Committee, by consensus, short listed the following firms: I. Harvard, Jolley, Clees, Toppe 2. Architects Design Group 3. Barany Schmitt Summers Weaver and Partners, Inc. On March 11, 2003, the Board approved the short list for architectural services for the design of the Emergency Operations Center and authorized staff to negotiate a Professional Services Agreement with the top ranked firm, Harvard Jolly Clees Toppe Architects. The total not to exceed fee negotiated for design services for the Emergency Operations Center is $1,859,400, which is approximately 7.6% of the estimated project budget of $24,528,000. To accommodate the availability of funding, the design will be divided into two phases, Phase 1 to be done in FY '03 and Phase 2 will be funded in FY '04. FISCAL IMPACT: $500,000 has been budgeted in FY '03 for Phase 1 of the design. The balance of $1,359,400 will be budgeted in FY '04 for the remaining design services. Funds for construction will be budgeted in FY '05. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan and especially Goal 12 of the Conservation and Coastal Management Element, which requires that the County shall make every reasonable effort to ensure the public safety of people and property from the effects of disasters. RECOMMENDATIONS: That the Board award Phase 2 of Contract # 03-3448 to Harvard Jolly Clees Toppe Architects and authorize the Chairman to sign an agreement with Harvard Jolly Clees Toppe Architects after review by the County Attorney's Office. PREPARED ~ C;ognale, Const~ction Manager //~epartment of Facilities Management DATE: JUN 102003 ,,o. ? ! Executive Summary, Bid #03-3448 Page 2 Department of F[cilities management REVIEWED BY: - ,, .. t Steve Carnell, DJ?rector Purchasing Department DATE: Pineau, Director Emergency Management REVIEWED BY: ~ Sl~n~, Interim'Administrator Administrative Services Division DATE: JUN 1 0 2003 EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT TO THE GROUP HEALTH AND LIFE PLAN TO FUND CLAIMS PAYMENTS AND TO MAINTAIN RESERVE REQUIREMENTS THROUGH SEPTEMBER 30, 2O03. OBJECTIVE: To fund health insurance claims costs and maintain fund reserves through September 30, 2003 through the approval of a budget amendment to Fund 517, Group Health and Life. CONSIDERATIONS: The Board of Commissioners offers a self-insured group health insurance program to provide health insurance to its eligible employees, their dependents and those of participating Constitutional Officers. The Board of Commissioners is required by Florida Statute 112.08 to complete an actuarial study as of September 30th each year to assure the proper funding of the plan. Staff has utilized the actuarial evaluations of the County's consultant, Willis Corporation, to project future plan costs for reserving, budgeting and rating purposes. An updated actuarial estimate of claims expenditures as of June 1, 2002 indicated that the claims costs were expected to be $14,500,000 in FY 03. However, actual claims expenditures have outpaced estimates. Claims expenditures through April 30th were $9,650,580. An updated actuarial estimate as of February 2003 projects claims to be $18,357,395 through September 30, 2003. Willis undertook a study of the County's claims payments and determined that the reasons for this increase in cost is due to a significant increase in the number of catastrophic claims exceeding $45,000 in cost. In 2002, the County had 49 claimants with claims exceeding $45,000 compared to 36 in 2001. Therefore, it is estimated that $3,750,000 is needed to fund claims expenditures and to maintain statutory Incurred But Not Reported (IBNR) reserve levels. To address this issue, the County Manager directed that each department find funds within their operating budgets that are available for transfer to the Group Health Fund. The participating Constitutional Officers were also requested to do the same. The total amount of additional revenue to the fund as a result is $3,000,000. Due to favorable Workers' Compensation experience, it is also recommended that $750,000 be transferred from Fund 518, Workers' Compensation reserves for this purpose. In order to avoid a delay in the release of claims payments due to a potential funding insufficiency, it is requested that a budget amendment be approved to fund claims and expenses through September 30, 2003. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. FISCAL IMPACT: Funds will be transferred from the various departmental operating budgets and/or contingency reserves to Fund 517, Group Health and Life for this purpose. Additionally, a transfer from Fund 518, Workers' Compensation will supplement the funding necessary to make claims payments and support required reserves. RECOMMENDATION: It is recommended that the Board approve budget amendments as described herein to fund Health Insurance program costs for the remainder of FY 02. AGENDA ITEM No. /¢ ~. ~/~ JUN 1 0 ; 003 Pg._ / PREPARED BY: DATE' ,. ///~'"-~ J~ff ~Valker, CPCU, ARM, Director, Risk Management Department SkOr C~'mp, 'Interim Administrative Services Administrator JUN 1 0 2003 Pg. ~ EXECUTIVE SUMMARY,, APPROVE A BUDGET AMENDMENT TRANSFERRING $45,600 FROM GENERAL FUND RESERVES TO THE EMERGENCY MANAGEMENT ADMINISTRATION BUDGET FOR FISCAL YEAR 03. OBJECTIVE: Board of County Commissioners approval ot'a Budget Amendment transferring $45,600 from General Fund Reserves into the Emergency Management Administration budget. CONSIDERATIONS: The FY 03 Emergency Management Administrative budget has incurred the following unbudgeted expenses totaling $45,600: During the 2002-03 budget cycle, the Emergency Management Director's salary was calculated at $11,000 less than what was approved on October 1, 2002. The increase was due to the reorganization and dissolution of the Emergency Services Division which resulted in placing the two dependent fire districts and the Medical Examiner's Office under the supervision of Emergency Management. Airfare and hotel expenses for the director candidate interviews. The new Director commenced employment on May 27th at a negotiated salary above entry. Relocation expenses for the new Director are also being reimbursed. Additionally, there is a one month salary overlap for the incumbent director and the new director. Both of the Emergency Management Coordinators and the Emergency Management Technician have completed all requirements for career path progressions and have received salary adjustments that were unbudgeted. FISCAL IMPACT: Transfer of $45,600 from General Fund Reserves (001) to the Emergency Management Administrative budget Fund 001. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary RECOMMENDATION: That the Board of County Commissioners approve a Budget Amendment transferring $45,600 from General Fund Reserves to the Emergency Management Administrative Budget for Fiscal Year 03. APPROVE ~DB ~~~~~~_ Date: .~7 _~.~ 0.9 Kenneth F. t~neau, CEM, FPEM, Emergency ManagementX)ir~ctor JUN 10 2003 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD BID #03-3520 IN THE AMOUNT OF $44,800 FOR PURCHASE AND DELIVERY OF PINE STRAW MULCH TO FORESTRY RESOURCES, INC. OBJECTIVE: To award Bid #03-3520 in the .amount of $44,800 for Purchase and Delivery of Pine Straw Mulch to Forestry Resources, Inc. CONSIDERATIONS: 1. On April 24, 2003 invitations to bid were sent to 44 vendors. The Bid opening was held May 7, 2003 and one proposal was received. 2. Staff has reviewed the one proposal received and finds that this proposal meets all specifications of the Bid. Therefore, staff recommends that Bid #03-3520 for Purchase and Delivery of Pine Straw Mulch be awarded to Forestry Resources, Inc. FISCAL IMPACT: The Fiscal Impact for Bid #03-3520 is $44,800 with funds available in the Pelican Bay Operating Fund (109). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid #03-3520 in the amount of $44,800 for Purchase and Delivery of Pine Straw Mulch to Forestry Resources, Inc.....~-.) /~ c 6S P. Ward, Division Administrator an Bay Services Division ~d~ APPROVED BY: James V. Mudd, County Manager Date: AGENDA ITEM JUN I 0 2O03 .o: Pg / ITEM IUN 1 0 2003 EXECUTIVE SUMMARy APPROVAL OF A BUDGET AMENDMENT TO UPGRADE TELEVISION BROADCAST AND PRESENTATION CAPABILITIES IN THE COMMISSION CHAMBERS OBJECTIVE: To purchase and install video and computer equipment upgrades that will improve the public's ability to view and understand the various presentations made in the Board of County Commissioner's chambers during various public meetings. CONSIDERATIONS: The use of visual aids (video, still photos, computer generated graphics, etc.) in presentations made during County Commission meetings and workshops have become an increasingly important tool in communicating the purpose and intent of a project to both the Board of Commissioners as well as the viewing audience. In order to maximize the utility of these visual aids, staff is proposing a series of upgrades to the broadcast capabilities in the Commission Chambers. Specific improvements include upgrades to the computer systems, television cameras and monitors and presentation equipment housed in the speaker podiums. These planned upgrades will help meeting participants and the viewing audience better understand the information being presented to the Board and the public for consideration and action. Improvements are planned to occur in August to avoid any interruption of scheduled meetings. FISCAL IMPACT: The total cost of these enhancements is approximately $190,000. Funding will come from surplus cable television franchise fees available in this year's budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the budget amendment authorizing the upgrades to the Commission Chambers outlined in this SUBMITTED BY: REVIEWED BY: Assistant~o the~County Manager fieborah L. ~g~t ~ '~eo E. Ochs, Jr.f~_ / ~ Deputy County l~.a~ger JUN I 0 2003 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of June 10, 2003 MSTD General Landscape Projects (Fund 112) Budget Amendment//03-348 Operating Water & Sewer Reserves Reserve for Contingencies Total: Explanation: $10,000 (10,000) -0o Funds are needed to pay for water and sewer charges for the remainder of the fiscal year. MSTD General Landscape Projects (Fund 112) Budget Amendment//03-349 Operating Water & Sewer Reserves Reserve for Contingencies Total: Explanation: $3,000 (3,000) Funds are needed to pay for water and sewer charges for the remainder of the fiscal year. MSTD General Landscape Projects (Fund 112) Budget Amendment #03-350 Operating Water & Sewer $10,000 Reserves Reserve for Contingencies (10,000) Total: -0- Explanation: Funds are needed to pay for water and sewer charges for the remainder of the fiscal year. JUN 1 0 2003 Pg. / __ BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE June 10, 2003 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: mo Clerk of Courts,: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for May 17, 2003 and May 23, 2003 Districts: Key Marco Community Development District- Minutes of Meeting held August 1, 2002; Adopted Budget FY 2003 and Unaudited Financial Statements dated June 30, 2002. o Golden Gate Fire Control & Rescue District - Offical Audit FY 2002 and Management Letter Fiddler's Creek Community Development District - Minutes of Meeting held on December 2, 2003; District Map and Summary of Bonds. ° Port of the Islands Community Improvement District - Minutes of Meeting held on March 21, 2003 and Financial Statement dated January 31, 2003. Key Marco Community Development District - Minutes of Meeting held 11/7/02 and 11/25/02. Collier Soil and Water Conservation District - Audit for year 2002; Management Letter and Management Rebuttal. Tuscany Reserve Community Development District - Minutes of Meeting held on January 9, 2003. Co H:Data/Format Minutes: 1. Enterprise Zone 2003- Development Agency - Draft Minutes of March 26, AGENDA ITEM No. JUN 1 0 2003 Pg._ / Do 2. Radio Road Beautification M.S.T.U. - Agenda for May 20, 2003, Minutes of May 4, 2003. 3. Golden Gate Beautification Advisory_ Committee - Agenda for May 13, 2003; Minutes of April 8, 2003. 4. Lely Golf Estates Beautification Advisory Committee - Agenda for May 15, 2003; Minutes of April 17, 2003. 5. 1-75 Golden Gate Ad Hoc Landscaping Beautification Committee - Agenda for May 28, 2003; Minutes of April 9, 2003. 6. Park and Recreation Advisory Board - Agenda for May 21, 2003, Minutes of April 16, 2003. 7. Collier County Hispanic Affairs Advisory Board - Agenda for May 22, 2003. 8. Collier County Airport Authority - Agenda for May 12, 2003, Minutes of April 14, 2003. Other: 1) Collier County Sheriff's Office submitted their Certification of Proposed Budget for FY 2004 H:DatafFormat AGENDA ITEM No.__/~ Z' ¢~) 2003 EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened from May 17, 2003 through May 30, 2003 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDERATIONS: To ensure compliance with State law, the Clerk's Office has prepared a detail list of all purchase orders that have not previously been approved by the Board of County Commissioners that were opened for the period May 17, 2003 through May 30, 2003. This report is available for inspection and review in the County Manager's Office. FISCAL IMPACT: The goods and services included in the aforementioned report have all been previously appropriated. GROWTH MANAGEMENT IMPACT: related to this item. There is no Growth Management Impact RECOMMENDATION: That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. Prepared By JQ.~nes L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Reviewed /C7~ Approved ': r~°""l~ J~l~nss'en ./General Accounting Manager Date: Date: A,:,~N,..,~, ITEM No. [ JUN 10 200] Pg. / EXECUTIVE SUMMARY TO PRESENT TO THE BOARD OF COUNTY COMMISSIONERS THE STATE REVENUE SHARING APPLICATION FOR FISCAL YEAR 2003-2004 AND TO OBTAIN APPROVAL FOR THE CHAIRMAN TO SIGN THE APPLICATION. OBJECTIVE: To present to the Board of County Commissioners the State Revenue Sharing Application for Fiscal Year 2003-2004 and to obtain approval for the Chairman to sign the application. CONSIDERATIONS: Each unit of local government is required to file an application in order to be considered for any funds to be distributed under the Revenue Sharing Act. The application requires the signatures of the Law Enforcement Official, Fire Official, Chief Fiscal Officer and Chairman of the Governing Body. This application must be submitted annually by June 30. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Proper submittal of the application will enable the County to continue to receive funds under the State Revenue Sharing Act. RECOMMENDATION: That the Board of County Commissioners approves the application and authorizes the Chairman to sign on behalf of the County. Prepared By: '~~~"~~ ~~' Date: ,~_~r~k .M.. Johnssen, CPA General Accounting Manager Reviewed By: .~~~~-'~'~ J.a.~. L. MitChell, CIA, CFE, CBA Director of Finance and Accounting Date:~/~ No. /a~"' ~ JUN 1 0 2003 Pg. DE PARTMENT OF REVENUE Application must be received by the Department of Revenue prior to June 30, 2003 Please TYPE or PRINT all entries except those requiting a signature. Part One Name of County ~n_l_ 1_ j er DR-700218 R. 05/03 Name of Municipality Telephone Number ( 239 .) Fax Telephone Number ( 239 .) Mayor or Chairman of Governing Body OR County 774-8404 774-6179 Thomas K. Ho_nn~ng Chief Fiscal Officer Dwight E. Brock, Clerk of tho Circuit Court Official Mailing Address 3301 East Tamiami Trail Naples, Florida 34112 ~ Check here if the address represents a change from the previous application. Federal Employer I.D. Number (required for new participants only). Part Two To be eligible to participate in Revenue Sharing beyond the minimum entitlement as defined in s. 218.21(7), F.S., for any fiscal year, a unit of local government is required to have fulfilled certain requirements set forth in s. 218.23, F.S., including certification requirements. Signatures by the appropriate official in the signature blocks, where applicable, shall constitute fulfillment of the certification requirements set forth in s. 218.23, F.S. Consistent with the requirements of s. 218.23, F.S., has the applicant: Note: Question 1 and 2 pertain to financial audit requirements. If a financial audit was required, report on the most recently completed audit period. Fiscal year ending 09/30/01 will be sufficient for this purpose. 1. Reported its finances for its most recently completed fiscal year to the Department ol Banking and Finance, pursuant to s. 218.32, F.S.? ~ Yes [] No 2. Made provisions for annual postaudits of its financial accounts in accordance with s. 11.45, F.S.? J~Yes J--'-] No DR-700218 R. 05/03 Page 2 Levied, as shown on its most recent financial report, pursuant to s. 218.32, F.S., ad valorem taxes, exclusive of taxes levied for debt service or other special millages authorized by the voters, to produce the revenue equivalent to a millage rate of three (3) mills on the dollar based on the 1973 taxable values as certified by the property appraiser, pursuant to s. 193.122(2), F.S., J~Yes [---"] No OR In order to produce revenue equivalent to that which would otherwise be produced by such a three (3) mill ad valorem tax: (A) to have received a remittance from the county pursuant to s. 125.01 (6)(a),F.S.; (B) collected an occupational license tax; (C) collected a utility tax; (D) levied an ad valorem tax; (E) received revenue from any combination of these four sources? F'--] Yes ~ No 4. Certified that: (A) Law enforcement officers, as defined in s. 943.10(1), RS., employed by this Unit meet the qualifications for employment as established by the Criminal Justice Standards and Training Commission? Yes ~ No (B) The salary structure and salary plans for law enforcement officers meet the provisions of Chapter 943, ES.? ~-~ Yes ~ No (C) All law enforcement officers, as defined in s. 943.10(1 ), F.S., are compensated at an annual salary rate of six thousand dollars ($6,000) or more? Yes ~ No [If the answer to (C) above is (NO), please state in an addendum to this application any reason you may have for waiver of sUch requirement (one of which must be that you are levying ten (10) mills of ad valorem taxes).] "~ A~¢ropriate Law ¢.nforce¥~ne~t Officer % " [If you have no police department, etc., please check the block to the left side.] 5 -- fi -cL. JUN I 0 2003 pg. '~ ., DR-700218 R. 05/03 Page 3 Certified that persons in its employ as firefighters, as defined in s. 633.30(1), F.S., meet the qualification for employment as established by the Division of State Fire Marshal pursuant to the provisions of ss. 633.34 and 633.35, F.S., and that the provisions of s. 633.382, F.S. are met? [-~ Yes [---] No Additionally, please answer lhe following: (A) Does the addressed unit of goverr~.rnent employ any full-time firefighters which currently possess either a bachelor's degree or associate degree from a college or university which is applicable to fire department duties, provided that degree is not required for their current position? [~ Yes r---] No (B) If so, are these firefighters currently receiving supplemental compensation for those degrees? _~_ y~ /~ ~ No r--] Does Not Apply Date: --T~' ,~ 0,~ Sign~~- Appropriate Fire Offici~ / Jif you have no fire depaRment or if you have a strictly volunteer fire depa~ment, etc., please check the box to the left side.] o Certified that each dependent special district that is budgeted separately from the general budget of the local governing authority has met the provisions for annual postaudit of its financial accounts in accordance with the provisions of s. 218.39(1), F.S.? Yes ~ No Signed: Date: Does Not Apply / Certified to the Department of Revenue that the requirements of s. 200.065, F.S., if applicable, were met? (The certification shall be made annually within 30 days of adoption of an ordinance or resolution establishing a final property tax levy or, if no property tax is levied, not later than November 1. The portion of revenue sharing funds which, pursuant to this part, would otherwise be distributed to a unit of local government which has not certified compliance or has otherwise failed to meet the requirements of s. 200.065, F.S., shall be deposited in the General Revenue Fund for the 12 months following a determination of noncompliance by the department.) Signed: ~"~ '~~ J~ Date: D~rectm' of Hanageaent and Budget T~ A~F. NDA I. ~_M No. /z ~-"' ~.,, JUN 1 0 2003 pg. D R-700218 R. 05/03 Page 4 Part Three I hereby certify that all of the foregoing information is accurate and true to the best of my knowledge. I further certify that I will promptly report to the Department of Revenue any changes in the above information. I also realize that failure to provide timely information required, pursuant to the administration of this Act shall, by such action, authorize the Department to utilize the best information available or, if no such information is available, to take necessary action including DISQUALIFICATION, EITHER PARTIAL OR ENTIRE, and shaft further, by such action, waive any right to challenge the determination of the Department to its share of funds, if any, beyond its minimum entitlement, pursuant to the privilege of receiving shared revenues from the Revenue Sharing Trust Funds. Do you believe that you have complied with ALL eligibility requirements as set forth above? ~] Yes ~ No If the answer to the above question is (NO), please provide as an attachment to this form the amount of revenue necessary to meet your obligations as a result of pledges or assignments or trusts entered into which obligated funds received from revenue sharing. Signed: Signed: Date: Mayor or Chairman of Governing Body Mail completed original application to address shown below. DEPARTMENT OF REVENUE REVENUE ACCOUNTING SUBPROCESS PO BOX 6609 TALLAHASSEE FL 32399-6609 AGENDA ITEM JUN 1 0 2003 Pg.. 3" EXECUTIVE SUMMARY NEW PRECINCT BOUNDARIES AND NUMBERS TO REFLECT COMMISSION DISTRICT BOUNDARIES OBJECTIVE: To eliminate precinct splits caused by County Commission and School Board boundaries, to renumber precincts to reflect their districts, and to create new precincts and adjust boundary lines to respond to the growth in the number of electors. CONSIDERATIONS: Pursuant to the requirements ofFS 101.00! (1), the Supervisor of Elections is recommending changes in the numeric designation of all precincts. The first digit of the new precinct numbers will reflect the County Commission and School Board District in which the precinct is located. This is designed to assist Collier County electors in determining the district in which they reside. When the change is implemented all electors in District #1 will vote in precincts numbered between 100 and 199 and this will apply to each district. The specific changes are outlined in the accompanying conversion table (Exhibit A). The Supervisor of Elections also proposes such changes as necessary to precinct boundaries in Collier County so as to eliminate splits based upon County Commission and School Board District lines (Exhibit B). In addition the Supervisor proposes to create such new precincts as are necessary to accommodate the growth in the number of electors within Collier County and to balance the size of existing precincts. These changes are shown in the accompanying documents and maps (Exhibit C). The legal descriptions of these new boundaries will be available at the office of the Supervisor of Elections. The Supervisor of Elections will mail new voter registration cards to all voters indicating the changes and use additional means as necessary to educate the electorate. Collier County's minority populations were given proper attention in the formulation of this proposal and care was given to avoid splitting minority concentrations. The Supervisor of Elections will record the legal descriptions of the precincts with the Clerk of Courts and submit the changes to the U. S. Department of Justice for preclearance. FISCAL IMPACT: There is no fiscal impact. RECOMMENDATION: That the Board authorize the chairman to sign the appropriate resolution adopting the precinct changes. () ' J%l[nifer 6l~g~ward; Su/per:isor of Elections Ramiro hafiali~h-- -- Chief Assistant CounW Attorney Date: ~ ~ 69..~.~ EXHIBIT A New Precinct Designation Numbers Jun-03 ol_....~a Number 250 251 253 254 255 256 257 258 291 292 4O7 409 410 412 413 551 552 553 554 555 601 6O2 6O3 6O4 605 6O6 6O7 6O8 609 610 611 612 613 614 615 616 618 619 62O 621 622 623 625 626 627 628 629 Polling Place Elections Office (administrative only) E. Naples Community Park E. Naples Methodist Church St. Peter's Catholic Church Lely Palms Retirement Living Center E. Naples Library E. Naples Public Safety Building Manatee Middle School West Wind Estates Community Building Everglades City Game Room Pelican Marsh Insperation Studio Naples Christian Church Vanderbilt Presbyterian Village Walk Community Center Vineyards Community Park Bonita Shores Clubhouse Bentley Village Clubhouse St. John the Evangelist Life Center St. John the Evangelist Life Center Community Congregational Church NHC Healthcare-Imperial N. Naples Fire Headquarters St, Monica's Episcopal Church Naples Park Community Center Hammock Oak Center/Pelican Bay St. William's Catholic Church Covenant Presbyterian Church Veterans Park Veterans Park North Naples Baptist Church St. Katherine's Greek Orthodox Vineyards Community Park Oakridge Middle School Faith Lutheran Hampton Inn Moorings Park Clubhouse N. Naples United Methodist Naples Board of Realtors 1st Church of the Nazarene Civil Air Patrol VFW Post 7721 G. G. Community Center G.G. United Methodist Church Manatial de Vida Church Messiah Lutheran Church Carpenter's Union 1st Chirstian Missionary Alliance Church New Address Number 3301 Tamiami Trail East 150 3500 Thomasson Drive 451 2701 Airport Rd. S. 153 5130 Rattlesnake Hammock 154 1000 Leley Palms Dr. 155 8787 Tamiami Trail East 156 11121 Tamiami Trail East 157 1920 Manatee Rd. 158 301 Joseph Lane 501 205 Buckner Bid. 502 1505 Pelican Marsh Blvd. 252 8000 Goodlette Rd. North 253 1225 Piper Blvd. 210 3200 Village Walk Circle 342 6231 Arbor Blvd. 343 315 West Ave. 221 561 Bentley Village Ct. 222 625 111th Ave N. 223 625 111th Ave N. 254 15300 Tamiami trail N. 205 900 Imperial Golf Course Blvd. 201 1885 Veterans Park Dr. 202 7070 Immokalee Rd. 303 655 103rd. Ave North 204 8960 Hammock Oak 255 601 Seagate Dr. 256 6926 Trail Blvd. North 257 1900 Immokalee Rd. 258 1900 Immokalee Rd. 259 1811 Oakes Blvd. 310 7100 Airpor[ Rd. N. 251 6231 Arbor Blvd, 312 151 Collier Blvd. 313 4150 Goodlette Rd. 414 3210 Tamiami Trail N. 415 120 Moorings Park Dr. 416 6000 Goodlette Rd. N. 418 1455 Pine Ridge Rd. 419 3100 Bailey Lane 420 360 Aviation Drive 421 800 Neff's Way 322 4701 Golden Gate Parkway 323 4300 21 st Ave Sw 32,5 5990 Golden Gate Parkway 326 5800 Golden Gate Parkway 327, 3427 Enterprse Ave 428J 2501 Estey Ave. 429! No. EXHIBIT A 63O 631 632 634 635 637 638 639 64O 641 642 643 644 645 646 650 651 652 653 654 655 660 662 664 667 668 671 672 674 675 677 679 689 690 691 692 693 694 695 790 791 792 794 ]New Foxfire Clubhouse Berkshire Lakes Clubhouse Unity of Naples Church Independent Bible Church Glades Community Center St. Paul's Episcopal Mayflower Congregational Riviera Golf Estates Knights of Columbus Hitching Post Comm. Center Isle of Capri Comm. Center Falling Waters Clubhouse Naples Estates Clubhouse Shepherd of the Glades Lutheran Church American Red Cross Headquarters Quality Inn Golf & Country Club Max Hasse Park Community Center Cypress Wood Presbyterian Henderson Creek Clubhouse Golden Gate Fire Station #71 Max Hasse Park Community Center Naples United Church of Christ St. John's Episcopal Moorings Presbyterian Emmanuel Lutheran Grace Lutheran Church Naples Branch Library Macedonia Baptist Church Cambier Park Rec. Center Naples Utilities Building St. Ann Catholic Church Fleischman Park Comm. Center Goodland Community Center Marco Presbyterian Church St. Mark's Episcopal Church Frank Mackle Park United Church of Marco Marco Lutheran Church Jewish Congregation Of Marco County Agricultural Center County Agricultural Center Immokalee Community Park Immokalee Community Park Not Assigned (formerly part 692) Not Assigned (Island Walk) Not Assigned (Vineyards) Not Assigned (Eastern Part 628) 1030 Kings Way 430 495 Belville Blvd. 331 2000 Unity Way 332 3801 Guilford Rd. 434 186 teryl Rd. 135 3901 Davis Blvd. 137 2900 County Barn Rd. 338 425 Charlemagne Blvd 139 6120 Golden Gate Parkway 340 111550 Tamiami Trail E 141 Capri Blvd. 142 7275 Falling Waters Blvd. Deleted 400 Palm Haven Blvd. 144 6020 Rattlesnake Hammock Rd 345 2610 Northbrook Plaza 203 4100 Golden Gate Parkway 550 3390 Golden Gate BIvd.W. 551 3380 Golden Gate Blvd. W 552 18 Sonderhen Circle 503 100 13th St. SW 554 3390 Golden Gate Blvd.W. 555 5200 Crayton Rd 460 500 Park Shore Dr. 462 791 Harbor Dr. 464 777 Mooringline Dr. 467 860 Banyan Blvd. 468 650 Central Ave 471 1003 3rd Ave. North 472 755 8th St. South 474 380 Riverside Circle 475 985 3rd St. South 477 1600 Fleischman Blvd 479 417 Mango Ave. 189 875 Elkham Circle, 190 1101 N. Collier BIvd 191 1361 Andalusia Terrace 192 320 N. Barfield, 193 525 N. Collier BIvd 194 991 Winterberry Dr 195 14700 Immokalee Rd. 590 14700 Immokalee Rd. 591 321, N. First St 592 321, N. First St 594 196 315 317 319 EXHIBIT B Description of Proposed Precinct Boundary Changes. 251 To follow a natural and logical boundary, the portion of Precinct 258 610 612 613 628 629 643 645 652 692 251 North of Haldeman Creek is added to Precinct 634. The new designation for this precinct is 434. (See Map I of 9) The portion of Precinct 258 South of the boundary line formed by House District 112 and Fiddler's Creek Community Development District will be combined with Precinct 642 to balance size and minimize splits within 258. The remainder of 258 shall be designated as Precinct 158 and the newly configured 642 shall be designated as 142. (See Map 2 of 9) To eliminate the split between County Commission/School Board Districts 2 and 3 the portion of Precinct 610 West of Interstate 75 is combined with Precinct 410. The new designation for this precinct is 210. (See Map 3 ofg) The portion of 612 within the boundaries of the Vineyards Development will form a new precinct. This change is being proposed to balance the size of the existing precinct. The designation for the new precinct shall be 317. (See Map 4 of 9) Because of the growth in the number of electors a new precinct shall be created following the boundaries of the Island Walk Development. The designation for this precinct shall be 315. (See Map 5 of 9) The portion of Precinct 613 North of Island walk shall be combined with the balance of Precinct 610. The designation for this precinct shall be 310. The remaining portion of Precinct 613, East of Island Walk shall be designated as 313. (See Map 5 of 9) To eliminate the split between County Commission/School Board Districts 3 and 4 the precinct is split at San Marcos Blvd. The new precinct formed in the Eastern portion shall be designated 319. The precinct formed by the Western portion shall be designated 428. (See Map 6 of 9) To balance size the existing precinct shall be split along 'Rock Creek'. The Northern portion will be combined with Precinct 428 (see 628). The portion South of 'Rock Creek' shall be designated as precinct 429. (See Map 6 of 9) To eliminate the split between County Commission / School Board Districts 1 and 3 the portion of Precinct 643 West of County Barn Road is combined with Precinct 637. The new designation of this precinct is 137. (See Map 7 of 9) To eliminate the split between County Commission / School Board Districts 1 and 3 the portion of Precinct 645 contained in CC/SB #1 is combined with Precinct 644. The new designation for this precinct is 144. (See Map 7 of 9) The portion of Precinct 645 contained in District 3 is combined with the portion of Precinct 643 East of County Barn Road. The new designation for this precinct is 345. (See Map 7 of 9) To balance size the portion of 652 West of 13th Street NW and North of White Blvd. is combined with Precinct 651. The new designation for these precincts are 551 and 552. (See Map 8 of 9) To Balance size Precinct 692 is split at San Marco Rd. The Northern ortion becomes 192, the Southern portion becomes 196 (See Map ~ of 9,~,. P ' ~ Exhibit C (1 of 9) Weeks A~q Bayview Dr Shoreview Dr Gulfv~ew Dr Riverview Dr Areca Ave Exhibit C (2 of 9) ~/e Marc° Exhibit C (3 of 9) are being altered as listed in exhibits A, B, and C and made part of this Resolution. The Office of the Supervisor of Elections is hereby requested to prepare legal descriptions corresponding to the changes described in the exhibits attached and incorporate into this Resolution for review and approval by the County Attorney. This Resolution adopted after motion, second and majority vote. DATED: BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: Rami~o Mafialich ' -- -- Chief Assistant County Attorney EXECUTIVE SUMMARY Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance manufacturing facilities for The March Group LLC and March, Inc. OBJECTIVE: To accomplish the necessary approvals to authorize a proposed revenue bond issue by the Collier County Industrial Development Authority to be used to finance manufacturing facilities for The March Group LLC and March, Inc., d/b/a March Performance. CONSIDERATIONS: The Industrial Development Authority has been requested to issue its bonds to finance certain qualifying manufacturing facilities. The March Group LLC, as owner, and March, Inc. ("March Performance"), as lessee and operator, propose to borrow approximately $3.5 million to construct and equip the new plant facilities. March Performance is presently located in Michigan and is a manufacturer of high precision automotive components. The company is planning to locate a plant in Collier County. The EDC has been working with March for several months, and the proposed location is the new research and technology park on Old 41 just south of the county line. The March plant will be the anchor tenant and first occupant of the research and technology park. The company, with assistance of EDC has been the recipient of State of Florida incentive grants as a Qualified Target Industry that total $360,000. The project is expected to create 40 new jobs with an average wage of $54,500. The purpose of the financing is to construct and equip a new facility which will house all the manufacturing under one roof. The company estimates that the expansion will create an additional 40 jobs over the next four to five years. The Authority held a meeting and advertised public hearing May 22, 2003 to preliminarily consider the proposal, and heard a presentation from the Company. There were no adverse comments from members of the public. Following the meeting the Authority adopted a preliminary approval resolution, a copy of which is attached to the proposed County Resolution. In addition to Authority approval, federal tax law requires that the County Commission, as the local governing body, must also approve the issuance of the Bonds. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. A resolutions for the Board to adopt is attached. As are all revenue bonds of this type, these bonds are based on revenues of the project and are not obligations of the County, therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of the Borrower. Neither the County, the Board, nor any officer of the County is liable for their payment. Further, the Resolution expressly provides that this C:~.MyFilesVIocument'dDA-M~,~h Pefformatge~ExeeSumm to BCC.wlxl AGENDA ITEM JUN 1 0 2003 I approval by the Board does not abrogate any County regulations, including land use regulations. The Authority recognizes that at the time of its hearing for preliminary approval zoning Petition PUDZ-2003-AR-3569, the petition to rezone certain property, including the property under contract to March, Inc., had not yet been approved by the Board. The petition had been recommended for approval by the Collier County Planning Commission and was scheduled for the BCC on May 27. Since the Authority has a policy of not giving final approval to a bond issue unless the applicant has the proper zoning for the facility, the approval resolution contains a specific condition that no further approvals for the financing will be given until the rezoning petition has been approved by the Board. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. The Bonds are not liabilities of the County, and the County is not liable for payment in any way. On the other hand, the issuance of bonds for manufacturing facilities has a positive fiscal impact on the community, and the statutes authorizing the Authority to issue such bonds declare that such issuance is for a public purpose. The issuance of these bonds will have no impact on the County's ability to issue "bank-qualified" debt or any other type of bonds for the remainder of 2003. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution will have no adverse growth management consequences. The facilities are located in the unincorporated area of the County and are subject to the LDC, the Growth Management Plan, concurrency requirements, and the payment of impact fees. As noted above, no final financing approval will be considered until the necessary rezoning has been granted. RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution. Prepared by: Collier County Industrial Development Authority Approved by: l~tvid C. Weigel, County Attorney -2- NC). JUN 1 0 2003 -.RESOLUTION NO. 03- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE OF REVENUE BONDS BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AS REQUIRED BY SECTION 147(0 OF THE INTERNAL REVENUE CODE, AS AMENDED; PROVIDING FOR OTHER RELATED MATTERS. Whereas, the Collier County Industrial Development Authority (the "Authority") is a body corporate and politic of Collier County, Florida created by Collier County Resolution No. 79-34 duly adopted by the Board of County Commissioners on February 27, 1979 pursuant to Part III of Chapter 159, Florida Statutes, as amended, with the power to issue revenue bonds for the purposes of financing a "project" as defined in Part II of Chapter 159, Florida Statutes, as amended; and Whereas, The March Group LLC , a Florida limited liability company (the "Borro~ver") and March, Inc., a Michigan corporation (the "Corporation") have applied to the Collier County Industrial Development Authority (the "Authority") to issue its Industrial Development Revenue Bonds (March, Inc. Project), Series 2003 in an ag~egate principal amount not to exceed $3,500,000 (the "Bonds"), for the purpose of making a loan to the Borrower, for the purpose of providing funds, together ~vith other available funds, to (a) finance a portion of the cost of constructing and equipping a building of approximately 42,500 square feet, which will be used for certain manufacturing operations of the Corporation (the "Project") and (b) pay certain expenses incurred in connection with the issuance of the Bonds, including certain fees and expenses incurred in connection with credit enhancement for the Bonds; and Whereas, Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the elected legislative body of the governmental unit which has jurisdiction over the area in which the facility financed with the proceeds of tax exempt bonds is located is to approve the issuance of such bonds after a public hearing; and Whereas, the Board of County Commissioners of Collier County, Florida (the "Board") is the elected legislative body of the County; and Whereas, the Authority held a meeting and public hearing on May 22, 2003 pursuant to a notice published on or before May 8, 2003 in the Naples Daily News, a newspaper of general circulation in the County, a copy of said notice being attached to the Inducement Resolution adopted by the Authority at said meeting; and Whereas, at the conclusion of the meeting and public hearing the Authority adopted Resolution No. 2003-01 (the "Inducement Resolution") a copy of said resotuti, on' ,being ....... JU ll 0 2803 attached hereto as Exhibit"A", approving the project, authorizing the issuance of the Bonds, and directing the Chairman and officers of the Authority to seek approval for the issuance of the Bonds in accordance with Section 147(0 of the Code; and Whereas, for the reasons set forth above, it appears to the Board that the approval of the issuance and sale of such Bonds as required by Section 147(0 of the Code is in the best interests of Collier County, NOW, THEREFORE, Be It Resolved by the Board of County Commissioners of Collier County, Florida, that: Section 1. Approval of Issuance of the Bonds. This Board hereby approves the issuance of the Bonds by the Authority for the purposes described in the Inducement Resolution and the notice attached thereto pursuant to Section 147(0 of the Code. The Bonds shall be issued in such aggregate principal amount, bear interest at such rates, mature in such amounts and be subject to such optional and mandatory redemptions as are approved by the Authority xvithout the further approval of this Board. The Bonds shall not constitute a debt, liability or obligation of Collier County., its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefor, and neither the faith and credit nor any taxing power of Collier County or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier County or any officer or employee thereof shall be liable personally on the Bonds by reason of their issuance. This approval shall in no way be deemed to abrogate any regulations of Collier County applicable to the Project and the Project shall be subject to all such regulations, including, but not limited to, the Collier County Gro~vth Management Plan, all concurrency requirements contained therein, and the Collier County Land Development Code. Section 2. Severability. If any section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision. Section 3. adoption. Effective Date. This Resolution shall take effect immediately upon its PASSED and Adopted this 10th day of June, 2003. 2 AGr-r~D4 ;~ ::-,: ',,. JUN 1 0 z pg. ~ ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk Tom Henning, Chairman [SEAL] Approved as to form a~ legal sufficiency: David C. Weigel, Cbunty d~tomey J u~'~ I g 2.893 j ~g. .5". RESOLUTION 2003-01 AN INDUCEMENT RESOLUTION OF THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY REGARDING THE OFFICIAL ACTION OF THE AUTHORITY WITH RESPECT TO THE PROPOSED ISSUANCE BY THE AUTHORITY OF ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS (MARCH, INC. PROJECT) SERIES 2003 IN AN INITIAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,500,000 FOR THE PRINCIPAL PURPOSE OF FINANCING CERTAIN COSTS TO BE INCURRED BY THE MARCH GROUP, LLC (THE "BORROWER") IN CONNECTION WITH TI-IE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN MANUFACTURING FACILITIES; AUTHORIZING THE EXECUTION AND DELIVERY OF A pRELIMINARY AGREEMENT BY AND AMONG THE AUTHORITY, THE BORROWER, AND MARCH, INC.; AND PROVIDING FOR RELATED MATTERS. WHEREAS, The March Group, LLC , a Florida limited liability company (the "Borrower") and March, Inc., a Michigan corporation (the "Corporation") have applied to the Collier County Industrial Development Authority (the "Authority") to issue its Industrial Development Revenue Bonds (March, Inc. Project), Series 2003 in an aggregate principal amount not to exceed $3,500,000 (the "Bonds"), for the purpose of making a loan to the Borrower, for the purpose of providing funds, together with other available funds, to (a) finance a portion of the cost of constructing and equipping a building of approximately 42,5000 square feet, which will be used for certain manufacturing operations of the Corporation (the "Project") and (b) pay certain expenses incurred in connection with the issuance of the Bonds, including certain fees and expenses incurred in connection with credit enhancement for the Bonds; and WHEREAS, the Borrower and the Corporation have requested that the Authority loan the proceeds of the Bonds to the Borrower pursuant to Chapter 159, Parts II and III, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act") in order to accomplish the foregoing purposes; and WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the Authority did on the date hereof hold a public hearing (the "Hearing") on the proposed issuance of the Bonds fi EXHIBIT A TO COUNTY RESOLUTION >f t,h,e: p,u,~oses J,U5 1 ~ 2~,~3 herein stated, which date is 14'~ys following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County and which public hearing was conducted in a manner that provided a reasonable op .portunity for persons with differing views to be heard, both orally and in writing, on the issuance of the Bonds and the location and nature of the Project, as more particularly described in the notice of public hearing attached hereto as Exhibit A; and WHEREAS, the issuance of the Bonds and the loaning of the proceeds thereof to the Borrower to f'mance the costs of the Project under loan agreements or other financing agreements, and pursuant to the terms thereof which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Borrower and Corporation and promote the public purposes provided in the Act; and WHEREAS, the Borrower and the Corporation have submitted a certain Preliminary Agreement (the "Preliminary Agreement") relating to the issuance of the Bonds; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations in addition to any other action that may have heretofore been taken by the Borrower and the Corporation; NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, THAT: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act and other applicable provisions of law. SECTION 2. PRELIMINARY STATEMENT. This Resolution is entered into to permit the Borrower and Corporation to proceed with the financing of the costs of the Project and to provide an expression of intention by the Authority, prior to the issuance of the Bonds, to issue and sell the Bonds and make the proceeds thereof available for such purposes, all in accordance with and subject to the provisions of the Act, the Constitution and other laws of the State of Florida and the laws of the United States of America, including the Code, and this Resolution, but subject in all respects to the terms of the Preliminary Agreement. SECTION 3. APPROVAL OF THE FINANCING. The financing of the costs of the Project by the Authority through the issuance of the Bonds, pursuant to the Act, will promote 2 JUN 1 0 r"3 .... the economic development, p~;~perity, health and welfare of the citizens of Collier County, will promote th~ general economic structure of Collier County, and will thereby serve the public purposes of the Act and is hereby preliminarily approved, subject, however, in all respects to the Borrower and the Corporation meeting ihe conditions set forth in the Preliminary Agreement to the sole satisfaction of the Authority. SECTION 4. EXECUTION AND DELIVERY OF PRELIMINARY AGREEMENT. The Chairman or the Vice-Chairman is hereby authorized and directed to execute, for and on behalf of the Authority, the Preliminary Agreement submitted by the Borrower and the Eorporation, providing understandings relative to the proposed issuance of the Bonds by the Authority to finance the costs of the Project in an aggregate principal amount not to exceed the lesser of (a) $3,500,000 or (b) the amount determined by the Authority, the Borrower and the Corporation to be necessary to accomplish the foregoing purposes. SECTION 5. AUTHORIZATION OF THE BONDS. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Borrower and the Corporation and subject in all respects to the conditions set forth in the Preliminary Agreement, in an aggregate principal amount not to exceed $3,500,000 for the principal purpose of financing the costs of the Project as described in the Preliminary Agreement. The rate of interest payable on the Bonds shall not exceed the maximum rate permitted by law. SECTION 6. GENERAL AUTHORIZATION. The Chairman and the Vice-Chairman are hereby further authorized to proceed, upon execution of the Preliminary Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required or necessary in order to cause the Authority to issue the Bonds subject in all respects to the terms and conditions set forth in the Preliminary Agreement authorized hereby. SECTION 7. OFFICIAL ACTION. This resolution is an official action of the Authority toward the issuance of the Bonds, as contemplated in the Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. SECTION 8. LIMITED OBLIGATIONS. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenues pledged therefor pursuant to a loan agreement or other financing agreement entered into by and' among the Authority, the Borrower and the Corporation prior to or contemporaheously with the issuance of the Bonds. The Authority has no taxing power. SECTION 9. LIMITED APPROVAL. The approval given herein shall not be construed as an approval or endorsement of approval of any necessary rezoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of Collier County or to have estopped Collier County from asserting any rights or responsibilities it may have in that regard. This approval is expressly conditioned upon the approval of rezoning petition PUDZ-2003~AR- 3569 currently pending before the Board of County Commissioners of Collier County. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately. ADOPTED this 22nd day of May, 2003. [Signature Page Follows] 4 Secretary COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY NapLes DaiLy Neus NapLes, FI. 3~102 Affidavit of PubLication NapLes. Dai I PZCKt~OR11~, I)ONALD P.A. 5150 T~ZAJlZ TRL N //602 NAPES FL ~1(~ REFERENCE: 010784 5~55718 ~K)TICE OF SPECZAL NE State of FLorida County of CoLLier, Before the undersigned authority, personaLLy appeared B. Lamb, uho o~ oath says that she serves as Assistant Corporate Secretary of the NapLes DaiLy Neus, a daily newspaper pubLished at NapLes, in CoLLier County, FLorida: that the attached copy of advertising was published in said neuspaper on dates Listed. Affiant further says that the said NapLes DaiLy Ne~s is a newspaper published at NapLes, in said CoLLier County, FLorida, and that the said newspaper has heretofore been continuousLy published in said CoLLier County, FLorida, each day end has been entered as second class mail matter at the post office in NapLes, in said CoLLier County, FLorida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor ~ -omised any person, firm or corporation any scount, rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHED ON: 05/00 AD SPACE: 160.000 ZNCH FILED ON: 05/08/03 Signature of Affiant .' Sworn to and Subscrib~ PersonaLLy known by ~e Notice of Spin:iai Meeting and Pubfic Hasting ~otl.cg. is her~.by g yen that the Collier County In- ustnal Oeve opment Authority (the 'Auth. orltT-) wlll..cond__u~t__a__~, iai meetlpg and publl~ headna on naay z~ ~me~ at ~:oo a.m. rathe Econemi~ Oev~ ~'~ Cotaleil Of Colller Cou .n~ ct- ~.._N~....Ho~ Or~., .Su,~e a~O, Napl~,, Flcwi ~_~_~_~_e?~m~ m~. p ,re'pose 91' recelvln~ poblk: corn mem~..ana neanng .91s~ssjon concerning the pro _po?~ea tssuan .co ct m.a .Aumorlty'a revenue eomLq _such.revenue eemts ~elng .daslgnated as Industrla .Oe~v~._~ _oL~Len3 Reve~ue.. Benes (_March, ~ Prolect), ~la~anananananananan~. ~ ~ simll~ ld~_, .gn~on. u may be emrrnmea, m an aggregate principal ~ouflt ~ axe. ced $3tS00,000 .(the 'BonUs'), for the p,,r1~ose .o.1' m.a~...ng, a_loan or io..aris to. The March Group, LL¢, :ne ImClal Dwller enamor nnaroh, Inc., a Michigan corporation, the principal User, tor the purpose of provi.dl.ng funds to ~ a Ix~tton of the cost of acqmnng certain real oroperty and the building the.re, on.gf_ a manufacturing facility of approxt- .mate~y 4~,5oe square Teat which will be used to .n. ous_e th9 manufacturing and support functions of me erinmpai User (the 'Project') and to pay certain exl~enses Incurred in connection with the issuance of the Bonds. S1~oe ProJect Is located In.Section IO, Township 4a uth, Range 25 East aha consists of a parco of 4.2.8 .a. cr.es, more or less which is pa~t of a largeraar- cat mac nas a common address of !$~7! Old4! North and is _l~c_~___~ in Collier County, Florida. The tnitlal Ovwlet' is The Merci1 Groulx LL:, a Florida limited llabiHtycompany. The Principal User is March, Inc, a Michigan oo~oratJon, which, among other things, manufactures automobile ~arts, par- ticularly high performance pulleys and brackets. Collies of the a~ol~l cat on for financing a~e available for inspection and copying at the office o~ the Au- ~ority set forth below. A nterested ~ersons are tnvited to submit written comments or attend the hem-lng, either ~ersonally or through their repre- sentative, and will be given an or~aortunity to ex- press their views concerning the project or the fi- nancm~l. Anyone desJrJngto rna~e written com- ments tn advance of the~earing may send such comments to: Collier County Industrial Development Authority C/O Economic Oevelo0ment COLInOil 30S0 North Horsesiqoe Drive Suite !20 Nables, F odcla 34!04 SHOULD A~Y PERSON DECIOE TO APPEAL ANY DECI- SiON MADE aY THE AUTHORITY WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH HEARING. SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR THAT PURPOSE. SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO- CEEDINGS IS MADE, WHICH RECORD INCLUOES THE TESTIMONY AND EVIDENCE UPON WHICH THE AP- PEAL IS TO BE BASED. In accordance with the Americans with Disabilities Act, persons needing a s;ec a accommodation to participate in this hearing should contact Oonald A. Plckworth, General Counsel, at (g4~) 2G3-80G0 no Later than seve~ (7) days prior to the hearing. This notice is given pursuant to Section ~47(f) of the internal Revenue Code, as an~ended. Collier County Industrial Development Authority /s/Donald A. Piokworth Assistant Secretary and General Counsel Mav~ EXHIBIT A TO AUTHORITY RESOLUTION (2~9) 263- 80~0 DONALD A. PICKWOHTH, ATTORNEY AT LAW SUITE 502 NEWOATE TOWER 5150 ~ORTH ~MI T~A.- NAPLES,' FLOHIDA ~103 e-~ pic~e~M~k *~ FAX (239) 598-lt6t May 23, 2003 David C. Weigel, Esquire Collier County Attorney Collier County Courthouse/Bldg F Naples, FL 34112 Re: June 10, 2003 Agenda Dear David: I am enclosing the following documents for inclusion in the June 10, 2003 agenda: Collier County Industrial Development Authority Executive Summary relating to approval of Collier County Industrial Development Authority bonds to finance the construction of manufacturing facilities for March, Inc., a manufacturer of precision automotive components. Resolution to be adopted by the Board of County Commissioners at the Board meeting of June 10, 2003. Exhibits consisting of the Inducement Resolution adopted by the Authority at its meeting on May 22 and including as an exhibit the Affidavit of Publication for the required TEFRA hearing conducted by the Authority. Housin~ Finance Authority of Collier County: Executive Summary relating to approval of Housing Finance Authority of Collier County bonds to refinance the bonds issued by the Authority in 2000 for the Wild Pines of Naples Phase II Aparlments. Resolution to be adopted by the Board of County Commissioners at the Board meeting of June 10, 2003. Exhibits consisting of the Inducement Resolution adopted by the Authori~ [~i]~ .meeting on May 23 and including as an exhibit the Affidavit of Publication for the required TEFRA hearing conducted by the Authority. Since we have been placing these items on the Consent Agenda recently, I would request that this also be on Consent. Should there be any questions or concerns, please give me a call. Thank you for your assistance in this, and ffyou have any questions or need further information, please contact mc. Enclosures EXECUTIVE SUMMARY Request by the Housing Finance Authority of Collier County for approval of a resolution authorizing the Authority to issue refunding bonds to be used to refinance bonds issued in 2000 for Wild Pines of Naples Phase II Apartments. OBJECTIVE: To accomplish the necessary approvals to authorize a proposed refunding bond issue by the Housing Finance Authority of Collier County (the "Authority") to be used to refmance bonds issued in 2000 for Wild Pines of Naples Phase II Apartments. CONSIDERATIONS: The owner and operator of Wild Pines of Naples Phase II Apartments (the "Project") has requested the Authority to issue its bonds to refinance bonds issued in 2000 for the construction of the Project. Wild Pines of Naples Phase II consists of 104 one bedroom units and is located off Linwood Avenue in the Davis Boulevard/U.S. 41 "triangle". The Project was financed by bonds issued by the Authority after Board approval in 2000 and was completed and leased up by mid-2001 and operates at almost 100% occupancy. Like all Authority projects, the apartments must be rented to persons whose income does not exceed 60% of the Area Median Income. The Authority requires all projects financed with Authority bonds to enter into a Compliance Monitoring Agreement with a company specializing in monitoring compliance with tenant income regulations and the Authority receives regular reports of compliance or non-compliance. No reports of non-compliance have been received for Wild Pines. The purpose of the bond issue is to take advantage of current low interest rates to get better terms on outstanding debt. In this case, the existing bonds, which carry a relatively high interest rate, will be refunded and new bonds will be issued and directly placed with Fannie Mae under Fannie Mac's Direct Fixed Rate Bond Purchase Program. The lower interest rate will significantly reduce debt service and thus strengthen and stabilize the Project financially. The Authority, as a matter of policy, encourages such actions since it lessens the risk of default and thus provides greater assurance that housing facilities for persons of lower to moderate incomes will remain available. C:XMyFilcs~togum~m~HOFA-Wild Pines 2003~e~tecsum.wpd The Authority met on May 23, 2003 and considered the proposal. The meeting was noticed by publication in the Naples Daily News in the manner required by the Internal Revenue Code, and members of the public were given the opportunity to comment on the financing, either in writing or orally at the public hearing. No adverse public comments were received. The Authority received an extensive oral and written presentation by the applicant. At the conclusion of the public hearing, the Authority approved the issuance of the bonds and adopted the attached Resolution to evidence this approval. JUN I 0 Although by law the bonds are not debt or obligations of the County, federal tax law requires that the County Commission, as the local elected legislative body, must also approve the issuance of the tax-exempt bonds. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. A Resolution for the Board to adopt is attached. As are all revenue bonds of this type, the bonds are based on revenues of the Borrowers and are not obligations of the County, therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of Cleveland Clinic Obligated Group. Neither the County, the Board, nor any officer of the County is liable for their payment. Further, the Resolution expressly provides that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. The bonds are not liabilities of the County, and .the County is not liable for payment in any way. On the other hand, the issuance of bonds for housing facilities for persons of lower to moderate income has a positive fiscal and social impact on the community, and the statutes authorizing the Authority to issue such bonds declare that such issuance is for a public purpose. The Authority has checked with the County's Financial Advisor and has been advised that the bonds will have no adverse impact on the County's bonding capacity. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution will have no adverse growth management consequences. The apartments are located in the unincorporated area of the County and are subject to the LDC, the Growth Management Plan, and any applicable concurrency requirements. The Authority has checked with County Code Enforcement and there are no code violations outstanding. There will be a positive Growth Management impact in that housing for lower to moderate income persons is a stated Growth Management policy. RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution. Prepared by: Donald Al. pickw0rth, Xs~stant Secretary and Counsel Housing Finance Authority of Collier County Approved by: David C. Weigel, Cotfi~ Attorney -2- JUN RESOLUTION NO. 03- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE OF REVENUE BONDS BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, AS REQUIRED BY SECTION 147(0 OF THE INTERNAL REVENUE CODE, AS AMENDED; PROVIDING FOR OTHER RELATED MATTERS. Whereas, the Housing Finance Authority of Collier County (the "Authority") is a body corporat~ and politic of Collier County, Florida, created by Collier County Ordinance No. 80- 66 pursuant to Part IV of Chapter 159, Florida Statutes, as amended (the "Act"), with the power to issue revenue bonds for the purposes of financing a "project" as defined in the Act; and Whereas, Wild Pines of Naples Phase II, Ltd.,a Florida limited partnership (the "Borrower") has applied to the Authority to issue its revenue bonds in an aggregate principal amount not to exceed $6,000,000 (the "Bonds") to be used to refund all or a portion of the outstanding principal amount of its $4,000,000 Multifamily Housing Revenue Bonds, Series 2000A (Wild Pines of Naples, Phase II Apartments Project) and, if deemed desirable by the Borrower, its $300,000 Taxable Multifamily Housing Revenue Bonds, Series 2000B (Wild Pines of Naples, Phase II Apartments Project), (collectively, the "Prior Bonds"), which Prior Bonds were used for the purpose of financing the acquisition, construction, equipping and development of multifamily residential housing facilities for persons or families of Iow, middle or moderate income located in Collier County (the "Project"), and (ii) to loan the proceeds of the Bonds to the Company pursuant to the Act or such other provision or provisions of Florida law as the Authority may determine advisable; and Whereas, Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the elected legislative body of the governmental unit which has jurisdiction over the area in which the facility financed with the proceeds of tax exempt bonds is located is to approve the issuance of such bonds after a public hearing; and Whereas, the Board of County Commissioners of Collier County, Florida (the "Board") is the elected legislative body of the County; and Whereas, the Authority held a meeting and public hearing on May 23, 2003 pursuant to a notice published on or before May 8, 2003 in the Naples Daily News, a newspaper of general circulation in the County, a copy of said notice being attached to the Inducement Resolution adopted by the Authority at said meeting; and Whereas, at the conclusion of the meeting and public hearing the Authority adopted Resolution No. 2003-01 (the "Inducement Resolution") a copy of said resolution being attached hereto as Exhibit "A", approving the project, authorizing the issuance of. the Bonds and directing the Chairman and officers of the Authority to seek approval for the[ issfian~:e'oL JUN 1 0 the Bonds in accordance with Section 147(0 of the Code; and Whereas, for the reasons set forth above, it appears to the Board that the approval of the issuanc~ and sale of such Bonds as required by Section 147(t:) of the Code is in the best interests of Collier County, NOW, THEREFORE, Be It Resolved by the Board of County Commissioners of Collier County, Florida, that: Section 1. Approval of Issuance of the Bonds. This Board hereby approves the issuance of the Bonds by the Authority for the purposes described in the Inducement Resolution and the notice attached thereto pursuant to Section 147(f) of the Code. The Bonds shall be ~ssued in such aggregate principal amount, bear interest at such rates, mature in such amounts and be subject to such optional and mandatory redemptions as are approved by the Authority without the further approval of this Board. The Bonds shall not constitute a debt, liability or obligation of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefor, and neither the faith and credit nor any taxing power of Collier County or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier County or any officer or employee thereof shall be liable personally on the Bonds by reason of their issuance. This approval shall in no way be deemed to abrogate any regulations of Collier County applicable to the Project and the Project shall be subject to all such regulations, including, but not limited to, the Collier County Growth Management Plan, all concurrency requirements contained therein, and the Collier County Land Development Code. Section 2. Severability. If any section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision. Section 3. adoption. Effective Date. This Resolution shall take effect immediately upon its PASSED and Adopted this 10th day of June, 2003. [Remainder of page left blank, signatures on next page] ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk Tom Henning, Chairman [SEAL] Approved as to form aj~l legal sufficiency: David C. Weigel, ~ounty~ttorney RESOLUTION 2003-01 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $6,000,000 TAX-EXEMPT MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF CURRENTLY REFUNDING CERTAIN PREVIOUSLY ISSUED BONDS OF THE AUTHORITY, SAID BONDS HAVING BEEN USED FOR ACQ[SRING, CONSTRUCTING AND EQUIPPING MULTIFAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODERATE INCOME; AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT BETWEEN THE AUTHORITY AND THE COMPANY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Wild Pines of Naples Phase II, Ltd., a Florida limited partnership (the "Company") has applied to the Housing Finance Authority of Collier County, Florida (the "Authority"), to (i) issue its tax-exempt multifamily housing revenue bonds in a principal amount not to exceed $6,000,000 (the "Tax-exempt Bonds") and such taxable multifamily housing revenue bonds (the "Taxable Bonds", and, collectively with the Tax-exempt Bonds, the "Bonds") as the Authority may authorize by subsequent resolution to be used to refund all or a portion of the outstanding principal amount of the $4,000,000 Multifamily Housing Revenue Bonds, Series 2000A (Wild Pines of Naples, Phase II Apartments Project) and, if deemed desirable by the Company, the $300,000 Taxable Multifamily Housing Revenue Bonds, Series 2000B (Wild Pines of Naples, Phase II Apartments Project), (collectively, the "Prior Bonds"), which Prior Bonds were used for the purpose of financing the acquisition, construction, equipping and development of multifamily residential housing facilities for persons or families of low, middle or moderate income located in Collier County (the "Project"), and (ii) to loan the proceeds of the Bonds to the Company pursuant to Chapter 159, Part IV, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act"); and WHEREAS, subject to the terms hereof and the terms of the Preliminary Agreement between the Authority and the Company, a determination by the Authority to issue the Bonds under the Act, if so requested by the Company, in one or more issues or series not exceeding an aggregate principal amount of $6,000,000 and to loan the proceeds thereof for the foregoing purposes under a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and WHEREAS, pursuant to Section 147 (f) of the Internal Revenue Code of 1986, as amended (the "Code"), the Authority held a public hearing on the proposed issuance of the Tax-exempt Bonds for the purposes herein stated on May 23, 2003 which date is more than 14 days following INDUCEMENT RESOLUTIONS- 19-03.DOC EXHIBIT A TO COUNTY RESOLUTION the publication of notice of'the hearing in the Naples Daily News, a newspaper of general circulation in Collier County and which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on both the issuance of such Tax-exempt Bonds and the location and nature of the portion of the Project, as more particularly described in the Notice of Public Hearing attached hereto as Exhibit A; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Tax-exempt Bonds witCh,in the meaning of the applicable United States Treasury Regulations along with any other action that may have heretofore been taken by the Company: IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, THAT: 1. Preliminary Statement. This Resolution is entered into to permit the Company to proceed with the f'mancing and to provide an expression of intention by the Authority, prior to the issuance of the Bonds, to issue and sell the Bonds and make the proceeds thereof available for the aforesaid purposes, all in accordance with and subject to the provisions of the Act, the Constitution and other laws of the State of Florida and the laws of the United States of America, including the Code, and this Resolution. 2. Authorization of the Bonds. Subject to the terms hereof and the terms of the Preliminary Agreement, there is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Company, in one or more issues or series in an aggregate principal amount not to exceed $6,000,000 and such Taxable Bonds as the Authority, at the request of the Company, may authorize by subsequent resolution. The Bonds shall be designated "Housing Finance Authority of Collier County Multifamily Housing Revenue Bonds, Series 2003 (Wild Pines of Naples, Phase II Apartments Project)" or such similar designation as the Authority may deem advisable. The rate of interest payable on the Bonds shall not exceed the rate permitted by law. 3. Recommendation for Approval to Board of County Commissioners. The Authority hereby recommends the issuance of the Bonds for approval to the Board of County Commissioners of Collier County (the "Board"). The Authority hereby directs the Chairman or Issuer's Counsel, either alone or jointly, at the expense of the Company, to seek approval for the issuance of the Bonds by the Board as the applicable elected representatives of Collier County under and pursuant to the Act and Section 147(0 of the Internal Revenue Code of 1986, as amended. 4. Affirmative Action. This resolution is an affirmative action of the Authority toward the issuance of the Bonds, as contemplated in said Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. iNDUCEMENT RESOLUTIONS- 19-O3. DOC 5. Approval of Notice bf Public Hearing. The form of notice of public hearing attached hereto as lExhibit "A" is hereby approved and the publishing thereof ratified by the Authority. 6. Appointment of Counsel. The Authority appoints Nabors, Giblin and Nickerson, P.A., Tampa, Florida to act as bond counsel to the Authority in connection with the issuance by the Authority of the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 7. Limited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenue pledged therefo~ pursuant to a loan agreement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. 8. Limited Approval. The approval given herein shall not be construed as an approval of any necessary zoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of the County or to have estopped the County from asserting any rights or responsibilities it may have in that regard. In addition, this Resolution is conditioned upon and subject to receipt of any necessary volume cap tax exempt allocation from the State of Florida, Division of Bond Finance. This Resolution shall take effect immediately. ADOPTED this 23rd day of May, 2003. HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA By: ATTEST: IHDUCEMENT RESOLUTIONS* 19..03,DOC v3,. NapLes DaiLy News N~Lu, FL~410~ Affidavit of I~Jl~tication Naples' Daily News PZCIGK)RTH, OONALD P.A. 5150 TMI[Mt! TRL N #602 NAPLES FL 36103 REFERENCE: 010786 58655717 NOTZCE OF HEETZ~G A State of FLorida County of Collier' Before the undersigned authority, perK~aLLy appeared B. LameD, who on oath says that =he serves ss Assistant Corporate Secretary of the NapLes DaiLy News, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, FLorida, and that the said nevspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class ~aiL ·atter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertiseeent; and affiant ._,further says that she has neither paid nor -omised any person, firm or corporation any .scount, rebate, co~issicn or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHED ON: 05/08 AD SPACE: 202.000 INCH FILED ON: 05/08/03 Signature of Affiant Sworn to and Subscribed b?foce se th. is~ Personally knoun by ~ ~.. -,... My Com~n~s~on DD05~336 Notlct of Meeting iai Public Hearing Housing Rnance Aufllorlty of Collier County NAOt!ce.ls h.er_eb~v, given that the .H. ou..sing. FLn. anc..e. utnonty ct comer county (th.e AAutnority~) Will conduct a sp~al rneetln, g anti public heafl.n~_.o.n May Z1, ~ at ~00 ~ mn the City Attorr~s conference Koom, secona noor, na~es . city Hail, 735 Eighth S. tr~. et South, N .spies Florida .for the purpose ct rec.eivmg comments and hearlnq discussmn concermng the proposed issuance ct the A~ Multlfamlly Housin; Revenue Bonds In a mlnclmd amoum 'not to exceed ~,000,000 to be e~ M' ~eslrable~, for. all or.any of me TOIIOv~..ng pumo~es: (D ~funa and/or remu.e...all o..r a. po~.on of the Authorlty's $4,000,000 Multnam,y ~.o. us.mg · Revenue ~ Serle~ 2000A (Wild Plne~ of Na~es, Pha~e II AI)a~ment~ Prolect) and the Authority's $300,000 Taxable Multlfamily Housing Revenue Bond~, Serle~ 2000B (Wild Plne~ of Naple~, Phase II Apartments Project) (collectively, the ."Prior Bond~*): (11) pay or.re,inhume the ~on-owers m.r..the cost~ of the anqmsition, renovation, remoos,ng and _~luipping of thelz exlst~qg mu~famlly housing factlit~ In Collier COu~_ (tl~ "l~oject")~ (iii) a debt sewlce ~ fuhd, If deemed nece~'y or desirable ~ the ~3m3w~.' and (Iv) I~Y certain ex-. ~ Inc~l In com~ecaon with the L~uance the Bond~ ~nd the refunding of the Prtor Bonds, In- cluding th.e cost of .an~. ?edit e. nhancsrnent or.li- quidity ennancsmem, n aeeme~ necessary or siral31e by the Borrowers. The oroceeds of me PHor Bonds were used to fi- nance the acquisition, construction and equipp~lng. of certain mu~tifamily housing facilities descr~oea a~ follows: Name of ProiecC Wild Pines of Naples Apartments, Phase II Initial Owner:. Wild Pines of Naples, Ph~e II, Ltd. Fina~.cing Requested: $6,000,O00 Number of Umts:.~.04 Size of Site: 4.Tacres Location: 258O Wild Pines L~ne, Naples, ~ 34t~2 (west side of Shaclowlawn Ave., north of Linwcod ancl 5outl"l of D~vis Blvd. All Interested persons a~e Invited to submit written comment~ or a~end the hearing, either personally or through their representative, and will be given an opportuniW to express their views c. onc.erning the project or the financing. Anyone aesirmg to make written comments in advance of the hearing may send such comments to: Housing Rnance Authority of Collier CounW c/o General Counsel 5~50 N. Tamiamt Trail, Suite 502 Naples. Florld~ 34~03 Written comments received in advance of the hear- ing ·nd oraJ comments macle at the nearing are for the consideration of the Authority and will not bind the Authority. Copies of the a,oplicatlon for flnanci.n_g ara &vailable for inspection and copying at the omce of the Gen- eral Counsel set forth ai3ove. Other matters to be discussed by the Authority at this meeting a~e: ]..Guidelines for the 2004 Multifamily Program 2.Gra~t requests f~om Sr. Matthews House and Hal31t~t for Humanity 3.Authority a,~rninL~tr4tive rnattef~ ~OLI~ ANY PERSON DECIDE TO APPEAL ANY DECI- SION MADE BY THE AUTHORITY WITH RESPECT TO ANY MATTER CONSIDFJ~ED AT SUCH HEARING, SUCH P£R~ON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR THAT PURPOSE SUCH PERSON MAY NEED TO F. NSUR[ THAT A VERBATIM RECORD OF THE PRO- CEEDINGS IS MADE. WHICH RECORO INCLUDES THE TESTIMONY ANO EVIDENCE UPON WHICH THE AR- PEAL IS TO BE BA~ED. . In accordance with the ArnertcarL~ with DlsablllUes Act, ~ersons needing asp .ecial accommodation to . participate in this he,ring snould contact Donald A. Plckworth, General Counsel, at (94Z) 263-8O60 no later than ~wen (7) days prior to the hea~ing. This notice is given pursuant to Sect[on ~47(f) of . the Internal Revenue Cede, a~ Amencled. /s/Gary D. Lind, Chairman May 8 N~. I~R71S EXHIBIT A TO AUTHORITY RESOLUTION (a39) 263-8060 DONALD A. PICKWORTH, p._A- ATTORNEY AT LAW SUITE 50~ NEWOATE TOWER 5150 NORTH T. AMLAM! T~Art NAPLES, FLORIDA 34103 e-msil? piclr~w~sea2.thlink net May 23, 2003 David C. Weigel, Esquire Collier County Attorney Collier County Courthouse/Bldg F Naples, FL 34112 Re: June 10, 2003 Agenda Dear David: I am enclosing the following documents for inclusion in the June 10, 2003 agenda: Collier County Industrial Development Authority Executive Summary relating to approval of Collier County Industrial Development Authority bonds to finance the construction of manufacturing facilities for March, Inc., a manufacturer of precision automotive components. Resolution to be adopted by the Board of County Commissioners at the Board meeting of June 10, 2003. Exhibits consisting of the Inducement Resolution adopted by the Authority at its meeting on May 22 and including as an exhibit the Affidavit of Publication for the required TEFRA hearing conducted by the Authority. Housing Finance Authority of Collier County: Executive Summary relating to approval of Housing Finance Authority of Collier County bonds to refinance the bonds issued by the Authority in 2000 for the Wild Pines of Naples Phase II Apartments. Resolution to be adopted by the Board of County Commissioners at the Board meeting of June 10, 2003. Exhibits consisting of the Inducement Resolution adopted by the Authority at its meeting on May 23 and including as an exhibit the Affidavit of Publication for the required TEFRA hearing conducted by the Authority. Since we have been placing these items on the Consent Agenda recently, I would request that this also be on Consent. Should there be any questions or concerns, please give me a call. Thank you for your assistance in this, and if you have any questions or need further information, please contact me. Enclosures EXECUTIVE SUMMARY APPROVE THE MEDIATED SETTLEMENT AGREEMENT AND A STIPLATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT RELATIVE TO THE ACQUISITION OF PARCF~LS 105 AND 106 IN THE LAWSUIT STYLED COLLIER COUNTY V. FAITH BIBLE CHURCH OF NAPLES, INC., ET AL., CASE NO. 99-2165-CA (IMMOKALEE ROAD, PROJECT NO. 69101). OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement A~eement as full and final compensation to be paid for the acquisition of the fee simple interest on Parcels 105 and 106 for the Immokalee Road Project (I-75 to CR 951) in the lawsuit styled Collier County v. Faith Bible Church of Naples, Inc., et al., Case No. 99-2165-CA. CONSIDERATIONS: On August 27, 1999, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of fee simple interests for the Immokalee Road Project No. 69101 (I-75 to CR 951). On September 9, 1999, Collier County deposited with the Registry of the Court the sum of $16,700.00 for Parcels 105 and 106 in accordance with the Order of Taking. A Mediation Conference was held on May 19, 2003 in which the parties, reached a settlement agreement whereby the property owner, James M. Goldie, individually and as trustee successor to Respondent, Dominick DiBlase, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 97-356, amended by 99-80, amended by 99-249). The terms of the Mediated Settlement Agreement (attached as Exhibit "A") will be incorporated in the Stipulated Final Judgment to be presented to the Court for entry. The Mediated Settlement Agreement provides for $38,850.00 to be paid to Respondent in full settlement of all claims for compensation including statutory interest, attorney's fees, experts' fees and costs. The Mediated Settlement Agreement requires Collier County to deposit an additional amount of $22,150.00 with the Registry of the Court.  -~IS_CAL I_.._.~ACT: A budget amendment is needed to transfer funds in the amount of $22,150.00 ~ Gas Tax Reserves and appropriate in the project, Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. approve the expenditure of funds as stated; .. approve the necessary budget amendment; approve the attached Mediated Settlement Agreement; and approve the Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry. He~d'~ F.~s~O~, Assista~unty Attorney REVIEWED BY: e~,~-r~r~,~h'~s,"R-OW A~ ~'u~it' Manager REVIEWED BY: REVIEWED BY: APPROVED BY: Gregg Strakaluse, P.E., Director Transportation/ECM Norm Feder, Administrator Transportation Division David C. Weigel, County Al:~rney Date: Date: Date: Date: Date: h: Li tXE mDornai nXFa i th B i b I e\E x S u m - M ed ia ti on AGENDA iTEM _ NO. ~ JUN I O 2003 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, V. FAITH BIBLE CHURCH OF ~ INC., A Florida corporation, et al. / Case No.: 99-2165-CA Pm:cd Nos.: 105 and 106 MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on May 19, 2003, the parties reached the following Settlement Agreement: 1. Petitioner will pay to ~nat a~ ~u~ a~ ~~r ~ ~f~~, ~a~)~/~ ~/'~.' the sum of ~3g~ ffffO. ~ao in ~11 senlement of ill clams for compensation ~om Petitioner whatsoever, including statuto~ interest, ~ut ~x;~u~g anomey's fees, experts' fees, ~d costs. 2. Petitioner is entitled to a credit in the amount of}t lO.~ ?00. which was previously deposited in the Registry of the Court in this case by Petitioner. 3. Counsel for Petitioner and ~ will jointly submit to the Court for signature a mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter. within aforesaid Stipulated Final Judgment from the Court. A. cc~u..-,/-o~ C::~¢'a ~). g~,~dc~; ~sb. 5. This Agreement Commissioners of Collier County. 4. Petitioner will pay .}gefendmax~the balance due of days of ~e acmfl date of receipt by Petitioner's co~sel of a ~ copy 'of ~e is subject to approval by EXHIBIT the Bbard of County Attached hereto is an addendum to this Agreement. Yes No 8. This Agreement and the attached addendum, if any, contain(s) all of the agreements of the parties. Petitioner, t~,, f~?'or~ t~,! u 5~ Attorney for Petitioner ~e.'d.' F. ~shn ~ Defe~t M~tor A~omey for Defend~t 2 EXECUTIVE SUMMARY APPROVE THE MEDIATED SETTLEMENT AGREEMENT AND A STIPLATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT RELATIVE TO THE ACQUISITION OF PARCEL 102 IN THE LAWSUIT STYLED COLLIER COUNTY V. TREE PLATEAU CO., INC., ET AL., CASE NO. 03-0519-CA (IMMOKALEE ROAD, PROJECT NO. 60018). OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of the fee simple interest on Parcel 102 for the Immokalee Road Project (Wilson to Collier Boulevard) in the lawsuit styled Collier County v. Tree Plateau Co., Inc., et al., Case No. 03- 0519-CA. CONSIDERATIONS: On May 22, 2003, an Order of Ta~ng will be entered in Collier County Circuit Court regarding the acquisition of fee simple interests for the Immokalee Road Project No. 60018 (Wilson to Collier Boulevard). Collier County will deposit with the Registry of the Court the sum of $157,800.00 for Parcel 102 in accordance with the Order of Taking. A Mediation Conference was held on May 20, 2003 in which the parties reached a settlement agreement whereby the property owners, Kristai Ferguson, Ferguson Golf Center, Inc., Ferguson's Practice Facility, Inc., and Nextel South Corp., will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002-511). The terms of the Mediated Settlement Agreement (attached as Exhibit "A") will be incorporated in the Stipulated Final Judgment to be presented to the Court for entry. The Mediated Settlement Agreement provides for $250,000.00 to be paid to Respondents in full settlement of all claims for compensation including statutory interest. The Mediated Settlement Agreement provides for $25,938.00 to be paid to Respondent, Kristal Ferguson, for attorney's fees pursuant to Section 73.092(1), F.S.; and the aggregate sum of $24,000.00 for expert fees. The Mediated Settlement Agreement requires Collier County to deposit an additional amount of $142,138.00 with the Registry of the Court. .,~FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of ~ 1~.0"~ fr-~m ~ Tax Reserves and appropriate in the project. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None. .... RECOMMENDATION: 2. 3. 4. That the Board of County Commissioners: approve the expenditure of funds as stated; approve the necessary budget amendment; approve the attached Mediated Settlement Agreement; and approve the Stipulate~! Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry. H~~nty Attorney REVIEWED BY:,~evi~7,fq~._~,.c~' ~3~Vk~xli~tion Manager Date: .~--' Tran spo[fati on/~CIX,~R)W ~ '~-/~(~~ Date: REVIEWED BY: Gregg Strakaluse, P.E., Director Tr~ion/ECM REVIEWED BY: Nom~ede'r, Administrator Transportation Division APPROVED BY: . David C. Wei~el~ C'o-untydi~tomey Date: Date: h:Lit\EmDomain\TreePlateauXExSum-Mediation IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Vo Petitioner, Case No.: 03-0519-CA Parcel No.: 102 TREE PLATEAU CO., INC., a Florida corporation, et al. Defendants. MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on May 20, 2003, the parties reached the following Settlement Agreement: 1. Petitioner will pay to Defendant(s), the sur~ of t~'o~5'O, 002. °°,/oo in full [ettlement of all claims for compensation from Petitioner whatsoever, including statutory interest, ~"~,~,~ zxcluding 2. Petitioner is entitled to a credit in the amount of pre,.'ie~l~ly d~pn~itod ip the ~o;~t~, of tho On,,~ ;~ th~3 c&s~ by rcut~un,.r. 3. Counsel for Petitioner and Defendant(s) will jointly submit to the Court for signature a mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter. 4. Petitioner will pay Defendant(s) the balance due uf--,~~ within 30 days of the actual date of receipt by Petitioner's counsel of a~ copy of the aforesaid Stipulated Final Judgment from the Court. 5. This Agreement Commissioners of Collier County. "/A0s ~boa.~ o~ is subject to approval by the Board of County 6. The Court will retain jurisdiction herein as to the matter of Defendant's(s) attorney's fees, experts' fees, and costs. Attached hereto is an addendum to this Agreement. J Yes No o agreements of the parties. This Agreement and the attached addendum, if any, contain(s) all of the Petitioner 6~.,i,i.5~t,,~ ~t£crr~ .&ttorn~y ~or Petitioner MEdiator Attorney for Defendant ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT DATED MAY 20, 2003 BETWEEN COLLIER COUNTY, KRISTAL FERGUSON, FERGUSON PRACTICE FACILITY, INC, FERGUSON GOLF CENTER, INC. AND NEXTEL CORP. 1. Within 20 days of the approval of the stipulated final judgment, Respondent Nextel Corp. agrees to provide current construction/utility plans which depict the location of any underground power and telecommunications equipment and conduits owned by Respondent Nextel South Corp. County agrees to complete the construction of the roadway project pertaining to Parcel 102 without disturbing said facilities. In the event a conflict is identified on the part taken for Parcel 102, the County will notify Nextel Corp and County agrees to pay to Nextel South Corp the reasonable cost of relocating said facilities upon submittal of actual invoices. If the county damages any facilities of Nextel South Corp in the area taken for Parcel 102 which have been depicted on the current construction/utility plans provided by Nextel South Corp, the county a~ees to pay to Nextel South Corp. the reasonable costs of repairing said damage upon the submittal of the invoices of actual costs. 2. Respondent Kristal Ferguson agrees to provide continuous access which is reasonably acceptable to Respondents Nextel South Corp, Crown Castle GT Company LLC and Omnipoint Holdings Inc. from Immokalee Road to the cell tower and equipment located on the remainder property. The parties agree to execute any additional documents necessary to effectuate the intent of this paragraph. 3. Within 20 days of the execution of this Mediated Settlement Agreement, Respondent Kristal Ferguson shall notify the County in writing whether the driveway access to Respondent's property shall remain in its existing location or move up to 200 feet to the east as depicted on the county's construction plans for Immokalee Road. County agrees to move the median opening to the selected driveway location. Said driveway shall be located between Stations 229+00 and 231+00 and shall be 30 feet wide with radial returns. After construction of the median opening, the County may alter, modify or close the median opening and or any turn bays in the exercise of its police power and based on safety or capacity issues. 4. Respondent Kristai Ferguson may have extended possession to August 1, 2003. 5. Respondent Kristal Ferguson's attorneys fees are Twenty-Five Thousand Nine Hundred Thirty Eight Dollars and XX/100 ($25,938). Respondent waives any claims to non-monetary benefits. 6. Respondent Kristal Ferguson's expert fees are $10,000 for appraisal fees and $14,000 for engineering fees. There are no other expert fees in this matter. Gregg Strakaluse, TECM director KrisXta.~Ferguso-n, individually ~nd as officer of Ferg~sofl Golf Center, Inc. and Ferguson Practice Facility, Inc. Heidi Ashton, Assistant County Attorney Fred Werdine, Attorney for Nextel South Corp. J. ghn'f---eK~ouf[Attom e y for~stal ->Ferguson, Ferguson G°lf Center, Inc. and Ferguson Practice Facility, Inc. JUh' 1 ~ 2003 "- {o EXECUTIVE SUMMARY AUTHORIZE APPLICATION FOR TAX DEEDS FOR 129 COUNTY- HELD TAX CERTIFICATES AND AUTHORIZE NOTICE TO PROCEED TO THE TAX COLLECTOR OBJECTIVE: That the Board authorize the County's application for tax deeds for a total of 129 county-held tax certificates, pursuant to § 197.502(3), Fla. Stat., and authorize the forwarding of a written notice to proceed with tax deed applications to the Tax Collector. CONSIDERATIONS: As fully outlined in the attached memorandum, the Board is statutorily required to provide the Tax Collector with a written notice to proceed to initiate an Application for Tax Deed for all tax certificates held by the County, except deferred payment tax certificates. Pursuant to § 197.502(3), Fla. Stat., the County must make application for tax deeds on those properties with an assessed value of more than $5,000.00. Section 197.502(3), Fla. Stat., however, gives the County the discretion to apply for tax deeds on those properties with an assessed value of less than $5,000.00. On February 12, 2002, the Board approved a notice to proceed to make application for tax deeds on all County-held tax certificates for 1999 (a total of 258), and such tax deed applications have been made for all of those tax certificates which have completed the tax deed process. The County currently holds one hundred and twenty-nine 2000 tax certificates which are eligible for tax deed application. Eighty of the 2000 county tax certificates concern properties with an assessed value less than $5,000.00. Consequently, tax deed application on these properties is discretionary with the County. The costs associated with the tax deed application process, which includes application through issuance of a tax deed, amount to approximately $361.00 per property. These costs are itemized in the attached memorandum. Should the County make application on all 129 properties, the cost would be approximately $46,569.00. The current unencumbered funds available in the General Fund for tax deed applications is $109,879.00. Given this surplus, a budget amendment is unnecessary for the 2000 tax deed applications. Additionally, many tax certificates are redeemed before the County completes the tax deed application process, which is as evident by the surplus from prior years. The Board has been and will continue to be reimbursed for all costs and delinquent taxes plus interest on all county tax certificates when the property is sold at public sale. It is important to note that the County recovers not only the specific year of taxes when a tax deed is sold, but also recovers all subsequent years of taxes for those properties (since it is a requirement of the sale) plus interest at the rate of 18% on the delinquent taxes. For example, if taxes are delinquent for 2000, 2001 and 2002, the minimum bid at the tax deed sale will include the taxes for all three years, even though the County had only initiated the notice to proceed for the 2000 tax certificates. However, there exists the slight possibility of no bidders at the tax sale, in which JUN 1 Executive Summary 2000 County Tax Certificates Page 2 event, no sale is made and the property is placed on a list entitled "Lands Available for Taxes." The County recovers none of its costs until the property is purchased. The County may, during the ninety days after the public sale, purchase the property. And if the property is not purchased within three years after the date the property was offered for public sale, title to the property will escheat to the County and all tax certificates and liens will be canceled. FISCAL IMPACT: There is currently $109,879.00 in unencumbered funds budgeted for deed applications in the General Fund. If the Board decides to take all 129 county tax certificates to tax deed sale, the total application cost is approximately $46,569.00. Accordingly, no additional funds should be required for the 2000 tax deed application process. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners authorize a notice to proceed to the Tt(x Collector for.tax deed applications for all County-held 2000 tax certificates Prepare Date: ~ Ellen T. Chad(veil Approved by: ~~~ Date: David C. Weigel County Attorney h:ellen/tax deed applications/2000 DATE: TO: FROM: RE: MEMORANDUM May 21, 2003 Board of County Commissioners Ellen T. Chadwell, Assistant County Attorney County Held Tax Certificates; May 27, 2003 BCC Agenda Real estate taxes are payable on November 1 of each year and, if not paid by April 1 of the next year, the taxes become delinquent. The Tax Collector, after publication of the Delinquent Tax List, conducts a sale of tax certificates on the delinquent tax parcels. Section 197.432, Florida Statutes, provides that if there is no buyer of a tax certificate, the tax certificate is issued to the County at the maximum rate (18%) of interest. Section 197.502, Florida Statutes, states that the County shall make application for a tax deed on all certificates on property with an assessed value of $5,000.00 or more 2 years after April 1 of the year of issuance of the certificates. The Florida Statutes also set forth a limitation on liens of tax certificates and provide that after the expiration of 7 years from the date of issuance of a tax certificate, if a tax deed has not been applied for and there is no other administrative or legal proceeding of record, the tax certificate shall be null and void and the Tax Collector shall cancel the tax certificate. On February 12, 2002, the Board of County Commissioners approved making tax deed applications on all tax certificates held in the name of the County for 1999 for a total of 258 certificates. All but three of these tax certificates were discretionary as to the Board's application for tax deed. Tax deed applications and sales have been made on these tax certificates and sales continue to be held on these tax certificates. The 2000 tax certificates were issued to the County in May, 2000. On October 7, 2002, Guy Carlton, Collier County Tax Collector, notified the Board of County Commissioners, pursuant to Section 197.502, Florida Statutes, of all tax certificates held in the name of the County that were eligible for the County's application for tax deed (a copy of the Tax Collector's letter is attached). On November 6, 2002, the office of Collier County Tax Collector, provided the Office of the County Attorney with a updated listing of all 2000 tax certificates held in the name of the County which certificates were eligible for tax deed application. The list indicates that of the two hundred thirty-nine certificates for 2000, there are one hundred twenty-nine unpaid outstanding certificates that are not pending under a tax deed application or otherwise not eligible for tax deed application. It is recommended that the Board of County Commissioners authorize tax deed applications for the one hundred twenty-nine tax certificates presently held by the County for 2000. JUN 1 O 201 'i .... ' -" 7 '72;-.--~ - May 21, 2003 Board of County Commissioners County Held Tax Certificates Page 2 The statutory procedure for the County to make application for tax deed is as follows: a) The Tax Collector gives notice to the Board of all tax certificates held by the County which are now subject to tax deed application (Tax Collector's letter of October 7, 2002). Pursuant to §197.502, Florida Statutes, we are concerned with only tax certificates held by the County for more than 2 years, which Jn this case are the 2000 tax certificates. b) The Board of County Commissioners gives a written notice to proceed to the Tax Collector to initiate an "Application for Tax Deed" for the tax certificates held by the County, accompanied by a check in the amount of $125.00 per certificate for title search, and pursuant to §197.502, Florida Statutes, the Tax Collector shall be allowed a tax deed application fee of $15.00 per certificate. c) The Tax Collector files the application for tax deed with the Clerk on behalf of the County. d) The County deposits the following fees and costs with the following entities when the notice to proceed is given to the Tax Collector: 1) Tax Collector - $125.00 per tax certificate for title search. 2) Tax Collector's application fee - $15.00 per tax certificate. 3) Clerk - fees for processing the application after the title search is completed by the Tax Collector: a) Clerk's fees - $60.00 per parcel for processing application (includes sale, issuance of tax deed, preparation of deed and disbursement of funds). b) Advertising cost - approximately $I 11.00 per parcel. c) Mailing costs - approximately $20.00 per parcel. d) Sheriff service - $20.00 --40.00 per parcel. Total fees per parcel are approximately $361.00. e) The Tax Collector prepares and furnishes to the Clerk for each parcel a certificate showing a list of all tax certificates held by individuals, all County-held tax certificates, all omitted years' taxes and the amount of interest eamed by each tax certificate or omitted years' taxes as of the date of the tax deed application. UpOn receipt of a completed tax deed application, the Tax Collector shall have an abstract or title search made which provides the ownership and encumbrance reports for a o._n,-.~,., ...... " .... JUi'-t ! u May 21, 2003 Board of County Commissioners County Held Tax Certificates Page 3 minimum of 20 years for each parcel, a list of all tax certificates and omitted years' taxes on each parcel of property, and the names and addresses of all persons or firms that the Clerk is required to notify prior to the tax deed sale. g) Delivery and posting of notices of the tax deed sale. h) A public tax deed sale is then held: 1) A tax deed is issued immediately upon receipt of full payment of all applicable fees, costs, the amount of taxes owed, interest on the taxes, and all tax collector's fees. 2) If no bids are received at the tax deed sale, then the property is entered on a list entitled "Lands Available for Taxes". 3) The County can purchase the property on the list of Lands Available for Taxes after 90 days, for the opening bid amount. 4) If the property on the list of Lands Available for Taxes is not purchased after 3 years, then the land escheats to the County and becomes County property. i) The Clerk immediately disburses the monies collected from the tax deed sale to the Tax Collector. The Tax Collector then issues checks to the Board of County Commissioners for reimbursement of the costs and the taxes recovered less the Tax Collector's fee, plus the 18% interest on the tax certificates. The 2000 tax certificates were issued to the County in May, 2000, therefore, the Board of County Commissioners should take appropriate action to provide the Tax Collector with a written notice to proceed by making applications for tax deeds for all of the 2000 County-held tax certificates. ETC/jak Attachments cc: Guy Carlton, Tax Collector h:ellen/tax deeds/2000 certificates/memo to BCC OCTOBER 7, 2002 COLLIER COUNTYTAXCOLLECTOR HONORABLE JIM COLETTA, CHAIRMAN BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY GOVERNMENT CENTER HARMON TURNER BUILDING NAPLES, FL 34112 C. F.C. OFFIC£ OF-' THE COUNTY ATTORNEy OCT - 9 P,~ 3:15 DEAR CHAIRMAN COLETTA:- FLORIDA STATUTE 197.502 STATES THAT THE COUNTY SHALL MAKE A~PLICATION FOR TAX DEED ON ALL CERTIFICATES ON PROPERTY VALUED AT $5,000 OR MORE ON THE PROPERTY APPRAISER'S ROLL, EXCEPT DEFERP. ED PAYMENT TAX CERTIFICATES, AND MAY MAKE A~PLICATION ON THOSE CERTIFICATES ON PROPERTY %PA.LUED AT LESS THAN $5,000 ON THE PROPERTY APPRAISER'S ROLL, TWO YEARS AFTER APRIL 1 OF THE YEAR OF ISSUANCE OF THE CERTIFICATES. A SUMMARY OF TAX CERTIFICATES SO INVOLVED AS OF SEPTEMBER 30, 2002 FOLLOWS: 1993 CERTIFICATES - TAX YEAR 1992 INITIALLY ISSUED - MAY, 1993 ISSUED - MAY, 1999 REDEMPTIONS, CANCELLATIONS & T.D.A.'s BA/4-KRUPTCY DEFERRED 2,036 $113,618.31 1 34,362.11 2,036 113,618.31 -0- -0- -0- -0- 1 34,362.11 1995 CERTIFICATES - TAX YEAR 1994 INITIALLY ISSUED - JUNE, 1995 ISSUED - MAY, 2001 REDEMPTIONS, CANCELLATIONS & T.D.A.'s BANKRUPTCY DEFERRED 781 1 779 --0-- 1 2 $ 99,459.58 28.26 98,260.43 --0-- 547.35 680.06 1996 CERTIFICATES - TAX YEA/~ 1995 INITIALLY ISSUED - MAY, 1996 ISSUED - MAY, 2001 REDEMPTIONS, CANCELLATIONS & T.D.A.'s BANKRUPTCY DEFERRED 627 1 620 --0-- 1 7 $ 68,079.83 27.00 62,770.06 --0-- 532.67 4,804.10 1997 CERTIFICATES - TAX YEAR 1996 INITIALLY ISSUED - MAY, 1997 ISSUED - MAy 2001 REDEMPTIONS, CANCELLATIONS & T.D.A's BANKRUPTCY DEFERRED 778 1 777 --0-- 1 COURTHOUSE-BLDG. C-1 · NAPLES, FLORIDA 34112-4997 www. colliertax.com $ 56,579.50 24.88 55,938 · 63 --0-~ 640 .~ - JUN 1 u 2QIB 1998 CERTIFICATES - TAX YEAR 1997 INITIA/~LY ISSUED - MAY, 1998 REDEMPTIONS, CANCELLATIONS & T.D.A.' S BANKRUPTCY DEFERRED 1,646 1,640 --0-- 1 5 $ 50,684.53 49,533.00 --0-- 688.54 462.99 1999 CERTIFICATES - TAX YEAR 1998 INITLALLY ISSUED - MAY, 1999 ISSUED - MAY, 2001 REDEMPTIONS, CANCELLATIONS & D.T.A.' s BANKRUPTCY DEFERRED 1,599 1 1,593 --0-- 2 5 $659,271.52 14,068.08 486,120.40 --0-- 3,809.78 183,409.42 2000 CERTIFICATES - TAX YEAR 1999 INITIALLY ISSUED - MAY 2000 REDEMPTIONS, CANCELLATIONS & T.D.A.'s BANKRUPTCY DEFERRED 1,583 1,570 --0-- --0-- 283 $546,025.63 345,441.39 --0-- --0-- 200,584.24 THE AFOREMENTIONED REMAINING TAX CERTIFICATES ARE IN OUR VAULT. SINCERELY, GLC/rej CC: HONORABLE DONNA FIALA - DISTRICT ONE HONORABLE JAMES CARTER - DISTRICT TWO HONORABLE TOM HENNING - DISTRICT THREE HONORABLE FRED COYLE - DISTRICT FOUR DAVID WEIGEL - COUNTY ATTORNEY JUN EXECUTIVE SUMMARY APPROVE A PROPOSED SETTLEMENT AGREEMENT PROVIDING FOR ABATEMENT OF VIOLATION AND COMPROMISE OF LIEN IN TWO CODE ENFORCEMENT LIEN FORECLOSURES ENTITLED COLLIER COUNTY v. ANTHONY J. VARANO, Case Nos. 99-4226-CA and 00-3430-CA. OBJECTIVE: That the Board of County Commissioners approve the proposed settlement agreement with Anthony J. Varano, Jr., which provides for the abatement of code violations and compromise of lien amounts in two separate lien foreclosures entitled Collier County v. Anthony J. Varano, Jr., Case Nos. 99-4226-CA and 00-3430-CA. CONSIDERATIONS: These cases originated from two separate code enforcement proceedings against property owned by Varano. (CEB Case Nos. 94-005 and 97-029). After finding the existence of a violation in each case, the Code Enforcement Board entered an Order Imposing Fine/Lien, the recording of which imposed a lien against the violated property and all other real and personal property of Varano. After authorization of the Code Enforcement Board and pursuant to § 162.09, Fla. Stat., the Office of County Attorney initiated two actions to foreclose the County code enforcement liens. Varano's attorney, Mr. Shapiro, has raised numerous affirmative defenses, including a medical disability which allegedly prevented Varano from defending against the code enforcement prosecution and taking appropriate action to abate the violations when found. Varano claims a financial inability to abate either violation, but has the opportunity to sell one of the properties as a means of abating the violation. Varano has presented certain documentation to support this claim, including an affidavit describing his financial condition. This documentation was presented to the Board on May 13, 2003, along with Varano's previous settlement offer. The Board rejected Varano's previous offer (5-0) and directed staff to reject all future offers below $50,000. On May 15, 2003, Mr. Varano authorized his attorneys to settle this matter with the County for the sum of $50,000. The proposed settlement agreement (attached hereto) will permit Varano to sell the Golden Gate Estates property so long as the contract purchaser is required to abate the violation within 60 days. Upon closing $25,000 will be escrowed for the benefit of the County. When the violation is abated, the County will receive $25,000 and release the Golden Gate Estates property from its lien. Thereafter Varano has 120 days to satisfactorily abate the violation on the other violated property (Washington Avenue). Once satisfactorily abated, Varano will pay the County another $25,000 and the County will release the second property from its code enforcement lien. The settlement amount reflects a large compromise in the lien amounts. The fines in these cases have been accruing since February 2, 1998, and June 4, 1994, at $250 per day. The total combined lien amount in these cases exceeds 1.26 million dollars, an amount clearly not recoverable by the County through successful foreclosure in these cases due to the value of the properties. Cl'he total assessed value of these properties is $160,000.) Notwithstanding the compromise of a substantial portion of the fine described above, it is staff's recommendation that the Board approve the proposed settlement in consideration of the costs to be incurred by the County through continued litigation, potential recovery (which includes the amount of recovery, likelihood of success, a~ d.~the-probability.xff.._, AGEI'~E~A IT. F_~A4! JUN I 0 2003 continued litigation and ultimate recovery through a foreclosure proceeding and sale), the relative strengths and weaknesses of each party's claims, and policy concems. In the event the Board rejects this proposed settlement, the County will incur additional expenses in pursuing foreclosure and, in the event the County prevails in the foreclosure actions, in bidding on the property so as to insure a reasonable recovery. Should there be no reasonable bids on the properties at time of sale, the County will obtain title to the properties and will thereafter be responsible for correcting the existing violations on both properties. Cleanup would include the demolition of an abandoned structure and removal of numerous vehicles, litter and debris. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Payment to the County, in two installments and upon conditions being met pursuant to the terms of the proposed Settlement Agreement, in an amount not to exceed Fifty Thousand Dollars ($50,000.00) to be deposited into the "Code Enforcement Board Fines" Revenue Account MSTD General Fund 111. RECOMMENDATION: That the Board of County Commissioners: Approve the terms and conditions set forth in the Settlement Agreement, which provide for the compromise of over nine hundred thousand dollars worth of accrued fines by the County; and Authorize its Chairman to execute the original Settlement Agreement; and Direct staff to take all steps necessary to ensure performance of both parties pursuant to the terms of the Settlement Agreement, including recording of satisfactions; and Authorize the Chairman to execute the Satisfactions/Releases of Lien upon submittal by staff. SUBMITFED BY: Ellen T. Chadwell, Assistant County Attorney Date: REVIEWED AND APPROVED BY: Michelle Edwards Arnold, Director Code Enforcement Department Date: AGENDA iTeM ,o. JUN 1 0 2003 David C. Weigel ~ County Attorney Date: Date: 3 20'33 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is entered into and made on this ~ day of , 2003, by and between Collier County (the "County") and Anthony J. Varano, Jr. ("Property Owner"), with respect to Case Nos. 99-4226-CA and 00- 3430-CA, filed in the Circuit Court of Collier County and originating from Code Enforcement Board Case Nos. 94-005 and 97-029. WITNESETH: WHEREAS, the County has filed two actions in the Circuit Court of Collier County, Case Nos. 99-4226-CA and 00-3430-CA, to foreclose the code enforcement liens created by orders arising out of Code Enforcement Board Case Nos. 94-005 and 97-029; and WHEREAS, an Order Imposing Fine/Lien was recorded on March 13, 1998, in Official Record Book _098, Page 893, et. seq., in CEB Case No. 97-029, which created a lien on certain properties owned by the Property Owner in Collier County, Florida and described in Exhibit "A" to this Agreement: WHEREAS an Order Imposing Fine/Lien was recorded on February 6, 1995 in Official Record Book 2028, Page 30, et seq., arising out of CEB Case No. 94-005, which order created a lien on certain properties owned by the Property Owner in Collier County and described in Exhibit "A" (attached hereto); WHEREAS, a Clerk's default was entered against the Property Owner on June 23, 2000, in Case No. 99-4226-CA; and WHEREAS the property owner has not abated the violation which is the subject of CEB Case No. 97-029; and NO. lB .IU N 1 0 2003 WHEREAS the Property Owner has not abated the violation which is the subject of CEB Case No. 94-005; and WHEREAS the Property Owner has asserted his financial inability to abate the violations on both properties; WHEREAS the lien created by the Order Imposing Fine/Lien in CEB Case No. 94-005 amounts to approximately $816,750 (accruing from January 9, 1995 to May 15, 2003) and continues to accrue at $250 per day until the violation is abated or a foreclosure judgment is entered; WHEREAS, the lien created by the Order Imposing Fine/Liens in CEB Case No. 97-029 amounts to approximately $477,000 (accruing from February 25, 1998 to May 15, 2003) and continues to accrue at $250 per day; WHEREAS the County recognizes the unlikelihood of recovering the full amount of the liens by proceeding through foreclosure and desires to compromise the amount of the liens imposed against the Property Owner's properties in the interest of obtaining abatement of the violation: and WHEREAS the parties to this Agreement recognize that it is in their best interest to compromise the lien and achieve abatement of the violation on both properties. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement, the sufficiency of which is hereby acknowledged by Parties and with the intent to be legally bound hereby, the County and the Property Owner mutually agree as follows: 1. The parties agree that the foregoing recitals are true and correct and said recitals are incorporated by reference into the terms of this Agreement. 2003 ] !. 2. The Property Owner shall market the property more particularly described as the East 160 feet of Tract 116 and the East 165 feet of Tract 116 of that certain sub-division known as Golden Gate Estates, Unit No. 3, and identified by Folio No. 36716961009 (hereinafter "Golden Gate Parcel") for sale. The Property Owner shall obtain a Contract for Sale within thirty (30) days of the effective date of this Agreement and shall provide the County with a copy of the fully executed sales contract within this time period. The contract shall provide for a closing date within seventy-five (75) days of execution of the contract. The Property Owner's inability to obtain a binding contract for sale, or provide County with copy of fully executed contract within that time period will constitute the breach of a condition precedent to the remaining obligations of this Agreement, and the County shall have the option to terminate this Agreement and proceed with the foreclosure actions. 3. Any contract for sale of the aforedescfibed property shall include a condition requiring the contract purchaser of the property to abate the existing violation within sixty (60) days. The contract purchaser shall be required to remove all debris and litter from the property and either (a) obtain a valid building permit for completion of the structure and certificate of occupancy or (b) obtain demolition permit and remove structure. The Golden Gate Parcel will remain encumbered by the County's liens until such abatement is obtained. 4. The County agrees that upon satisfactory abatement of the violation on the property described in Paragraph 2, it will execute a Release of Lien as to that property in accordance with Paragraph 5 below. The County shall be notified of the abatement and given an opportunity to inspect the property to determine if the violation has been satisfactorily abated. 5. At closing on the sale of the Golden Gate Parcel the sum of $25,000 shall be held in an interest-bearing escrow account for the benefit of Collier County .... Upon' County's 1 0 2003 ] 3 ~ ' '~' determination that the violation has been abated, the Property Owner or its closing agent, shall disburse the $25,000, plus any accrued interest, to Collier County. Upon receipt of those funds the County shall execute a Release of Lien and Partial Release of Lis Pendens as to the Golden Gate Parcel and shall record the same within thirty (30) days thereof. 6. The Property Owner agrees that the proceeds from the sale, other than those funds ~o be escrowed as provided herein, shall be used to abate the violation existing on property located on Washington Avenue, more particularly identified Parcel No. 13, of Section 11, Township 49 South, Range 25 East, and identified by Folio No. 00250800005 (hereinafter "Washington Avenue Parcel"). 7. The Property Owner shall have one hundred and twenty (120) days from closing on the Golden Gate Parcel to satisfactorily complete abatement of the violation on the Washington Avenue Parcel. The County shall inspect the property after notice from the Property Owner of abatement and determine whether the violation has been corrected. After notice from the County to the Property Owner that the violation has been corrected to the satisfaction of the County, the Property Owner shall pay to the County the sum of $ 25,000. 8. Upon receipt of the sum of $25,000, the County shall release the Washington Avenue Parcel and execute a satisfaction of the remaining code enforcement lien and shall dismiss both pending foreclosure actions with prejudice. 9. The parties agree that this Agreement supersedes and replaces all prior Agreements and the understanding that it constitutes the entire Agreement between the Property Owner and the County and that there exists no other Agreements, oral or written, between them relating to any of the matters covered by this Agreement or any other matter whatsoever. In executing this Agreement, the Property Owner does not rely upon any inducements, promises, or representations, other than those expressed in this Agreement. 10. In the event that the violation on the Golden Gate Parcel is not abated by the contract .purchaser within the sixty (60) days, or the Golden Gate Parcel fails to close, or the Property Owner fails to make any payment to the County as directed by this Agreement, or the Property Owner fails to abate the violation of the Washington Avenue Parcel, or any of the conditions set forth in this Agreement are not met, the County may, at its option, terminate this Agreement and continue to foreclose on the Properties. the entering into this Agreement shall in no way enforceability of the code enforcement liens currently pending against the properties. 11. The Property Owner acknowledges and agrees that it is ultimately The Parties acknowledge and agree that impair or compromise the validity or his responsibility to ensure that the violation existing on the Golden Gate Parcel is corrected, and that any contract for sale must provide adequate provisions enabling the Property Owner to take action to correct the violation or recover possession and control of the property for the same purpose in the event the contract purchaser fails to correct the violation to the satisfaction of the County. In no event shall a conveyance of title to a third party or a failure or breach of contract obligations by a third party constitute an excuse to performance under this Agreement. 12. The Property Owner expressly agrees that the County may proceed to enforce these liens through the foreclosure in the event the Property Owner or the contract purchaser fails to comply with the provisions of this Agreement. The Property Owner agrees that if he fails to comply with the provisions of this Agreement or the contract purchaser identified in Paragraph 2 fails to abate the violation, and the County proceeds with its foreclosure actions, he shall be deemed to have waived all defenses to the foreclosure actions other than the defense o'f payment. - Under no conditions shall the County's acceptance of the $25,000 (plus interest) payment in accordance with Paragraph 5 of this Agreement be construed as satisfaction of the code enforcement liens but rather shall only entitle the Property Owner to a release of the Golden Gate Parcel from operation of the liens. 13. This Agreement has been entered into freely and voluntarily by the Property Owner after having been apprised of all relevant information concerning this Agreement and the consequences thereof and after having received advice from his legal counsel, Marc L. Shapiro. 14. The Property Owner acknowledges and agrees that the terms of this Agreement are subject to the approval of the Board of County Commissioners at a duly noticed public meeting of the Board and that the terms hereof shall not be binding on any party until formally accepted and approved by the Board of County Commissioners. 15. This Agreement shall be governed by the laws of the State of Florida. 16. The Parties agree that this Agreement may not be modified except by the mutual consent of the Parties and in writing, executed in the same formality as this Agreement. 17. Both parties to this Agreement have participated fully in the negotiation and preparation of this Agreement. Accordingly, this Agreement shall not be more strictly construed against either one of the parties hereto. 18. The parties agree and acknowledge that this Agreement is not intended to, nor shall it create any rights or obligations in any parties not signing this Agreement, nor shall this Agreement create any benefits in third parties, in particular, any contract vendee of the properties described herein. No party other than the undersigned shall have standing to enforce the terms of this Agreement. 19. This Agreement shall become effective upon execution by the last signifig party to >~'~t'~~ ~ r,:o. 6 J 1 0 2003 the Agreement. IN WITNESS WHEREOF, the Property Owner, Anthony J. Varano, Jr., and Collier County have executed this Agreement consisting of pages on the day and year first written above. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: THOMAS HENNING, Chairman Date: Approved as to form and lega, Jssufficiency: ELLEN T. CHADWELL Assistant County Attorney Witness Print: Anthony J. Varano, Jr. Date: Witness Print: Reviewed by: 7 ju 41 o 2oo3 STATE OF FLORIDA COUNTY OF COLLIER MARK L. SHAPIRO, ESQ. Attorney for Property Owner, Anthony J. Varano, Jr THIS SETTLEMENT AGREEMENT between Property Owner and Collier County, was acknowledged before me, the undersigned authority, by Anthony J. Varano, Jr., this day of ,2003. Signature of Notary Public Commissioned Name of Notary Public (Please print, type or stamp) Personally Known Produced Identification T3~pe of Identification Produced My Commission expires: NO._ /~, ~L..~ftO JUN 1 0 2003 Sh~t I of 2 AVPLAT2003-AR3995 EXECUTIVE SUMMARY PETITION AVPLAT2003-AR3995 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 20 FOOT WIDE LAKE MAINTENANCE EASEMENT LOCATED ALONG THE REAR OF LOT 2, ACCORDING TO THE PLAT OF "DAVINCI ESTATES" AS RECORDED IN PLAT BOOK 35, PAGES 33 THROUGH 37, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate a 6 foot wide portion of the 20 foot wide Lake Maintenance Easement located along the rear of Lot 2, according to the plat of "DaVinci Estates." CONSIDERATIONS: Petition AVPLAT2003-.ML3995 has been received by the Engineering Services Department from Bill Slavich of Empire Builders, as agent for the petitioner, Joseph Smith, requesting the vacation of a 6 foot wide portion of the 20 foot wide Lake Maintenance Easement located along the rear of Lot 2. The Lake Maintenance Easement is used for the purpose of providing access for maintenance of the adjacent lake. Maintenance of the lake is the responsibility of the DaVinci Estates Neighborhood Association. A 6 foot wide portion of the easement is being requested to be vacated because the Petitioner wants to construct a pool and pool deck in this area of the Lake Maintenance Easement. The pool setback in the rear of the lot is 10 feet, so a variance is not needed. There will be a distance of 22 feet between the proposed pool and the edge of the water in the lake. This easement vacation will not affect the platted 20 foot wide Lake Access Easement and the platted 15 foot wide Drainage Easement along the northeast lot line. Letters of no objection have been received from the following Collier County Departments: Public Utilities, Engineering Services, Stormwater Management and Transportation. Letters of no objection have also been received from DaVinici Estates Homeowners' Association, H B Holdings of SW Florida, LLC, (owner of Lotsl, 3, 4, 57, 59, and 60) and Arthur Rutenberg Homes (owner of Lot 58). Zoning is P.U.D. This Executive Summary was approved by Greg Garcia in Transportation on May 1, 2003 and by Jacquelyn Johnson in Public Utilities on May 6, 2003. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. JUha I 0 2003. Sheet 2 of 2 AVPLAT2003-AR3995 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ENGINEERING SERVICES STAFF RECOMMENDATION: Recommendation that the Board of County Commissioners: 1. Adopt the Resolution for Petition AVPLAT2003-AR3995 for the vacation of a 6 foot wide portion of the 20 foot wide Lake Maintenance Easement along the rear of Lot 2, "DaVinci Estates"; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: ~', ~_t~' _ Rick Grigg, P.S.M. Engineering Services Thomas E. Kuck, P.E. Engineering Services Director DATE: APPROVED BY:~-~r~¢'~ /~o/eph K: Sc?nitt, Administrator (/6mmunity Development & Environmental Services DATE:,..mF~- ¢5 JUN 1 0 2003 RESOLUTION NO. 2003- RESOLUTION FOR PETITION AVPLAT2003-AR3995 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 20 FOOT WIDE LAKE MAINTENANCE EASEMENT LOCATED ALONG THE REAR OF LOT 2, ACCORDING TO THE PLAT OF "DAVINCI ESTATES" AS RECORDED IN PLAT BOOK 35, PAGES 33 THROUGH 37, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Bill Slavich of Empire Homes, as agent for the petitioner, Joseph Smith, does hereby request the vacation of a 6 foot wide portion of the 20 foot wide Lake Maintenance Easement located along the rear of Lot 2, according to the plat of "DaVinci Estates" as recorded in Plat Book 35, Pages 33 through 37, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a 6 foot wide portion of the 20 foot wide Lake Maintenance Easement located along the rear of Lot 2, according to the plat of "DaVinci Estates," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the 20 foot wide Lake Maintenance Easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: A~~ See Exhibit "A" attached hereto and incorporated herein. No._ . .. JUN 1 0 2003 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this after motion, second and majority vote favoring same. day of ,2003, DATED: ATFEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: Tom Hem'ting, Chairman Approved as to form and legal sufficiency: Patrick O. White, Esq., Assistant County Attorney 1 RADIUS 555.00' CURVE TABLE DEL TA ARC TANGENT 10'I 5'4 9' 99.42' 4 9.84' 99,~9' 06 '45'59' BF..6 7' 41.38' 4Z'53'13° 44.91' Z~57' 4~87' CHORD N.51'Z$'14 'E. A~ 4 9'4 ~'I 8'F~ $.31 EXH1B rr " A~ SHEET I OF ! AVESMT2003-AR399~ 1~* ~0' 30' 40' ' mAY HA~E ~ ~ TRACT L-1 (u~/~) LOT2 J LOT1 U.F.. PLS I_la.F. I~.E. LEGEND U~ ~? COUNIh' UllLITY ~T \\% \ ~.RGAL DESCRIPTION ~cc~ rs r~ PL4T T~RE~, REC~EO iN PLAT ~ 35. P~g 33 t~ 37 ~ t~ PU~LIC REC~E ~ COLLIER ~TY, NOT VALID IItlHOUT SEAL Of' A FLOR~A UCENSE'D SKETCH AND LEGAl. DESCRIPTION x""" ,~.' ,'7;;~,~, PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLAT~ OF SUBDMDED LAND Date Received:_._,~-,~,.-~>,~ . . . Petition Telephone** Zip Code:.~.~~ Agent:, AddreH: ._~~____ _~~ ~-.~"~' Cit,/State: ./L//~ ~/zz <, ~-? ~///O Address of Subject ProperW:, Location: Section_ ~/ Township ,~/.~ Legal Description: Lot ~-- Brock Current Zoning:_ ~. L/. ~. ZIp Code: I hereby authorize Agent above to represent me for this petition: [] Ye. [] No Print Name ('nde) Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Fhts of Subdivided Loud" for the list of supportive materlab witch must accompany this petition, and deliver mail to: Community Development & Environmental Servleu Dlvtdou Planning Services Department 2800 North Horse.boo Dr. Naples, Florida 34104 (1) (2) (3) (4) If al~pllcant is a land tru~ Indicate tho name of beneficiaries. If applicant is a corporation other than a public corporation, Indicate the name of officers and major smddmider& i~A A trod Ir applicant b a partnersMp, limited partnership or other business entiW, inJlicaT~.the name~f p~inelpalL List ali other ownerL .JUN 1 0 2003. Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number I Date Post Date 396997 1 4/14/2003 11:11:40 AM 4/14/2003 IPayment Slip Nbr AR 3995 Appl Name: EMPIRE BUILDERS Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 5660 STRAND CT, NAPLES FL 34110 Proj Name: DA VINCI ESTATES IN OLDE CYPRESS Type: TAZ: 31 Subdiv Nbr: 3276 Project Nbr: 19990327 Payor' EMPIRE BLDRS Fee Code 12TRVC Fee Information Description GL Account REV ACCT/VAC EASEMENT-ROW 11313832032910000000 Total Amount Waived $1000.00 $1000.00 Payments Payment Code Account/Check Number I Amount CHECK 17778 t $1000.00 Memo: Total Cash $0.00 ] Total Non-Cash $1000.00 1 Total Paid I $1000.001 Cashier/location: GARRETT_S / 1 User: MONROIG_I Collier County Board of County Commissioners CD-Plus for Windows 95/NT Print JUN 1 0 2003 03/1B/1996 02:54 19142780878 u~-lY-c.4/i,~.,, lb:4:.,' ~IRST Ar~E~ICgkN TITL~ ', 07~ 2A.a Adze S~j -, ,, ,' .,. : ' pleplm, ~L JL SMITH PAGE 62 P. r,d~ ! rl-i C~ 0 f~l 0 0 0 0 r~ nj o o JUN I 0 2003 ,"oPY ~i: J::;'~_~T DR V~J~c..I DEDICATIONS AND RESERVATIONS STATE OF FLORIDA COUNTY OF COUJER KNOW ALL MEN BY THESE PRESENTS THAT HB HOLDINGS OF SOUTHR~ST FLORIDA, LLC. A flORIDA UtdlT[D UABJUTY COMPANY. (BY ITS MANAGER, EURO FLORIDA/FUNDINGS, INC.) THE OWNER OF THE LANDS DESCRIBED HEREON HAVE CAUSED THIS PLAT OF daVINCl ESTATES, A PORTION OF THE NORTHWEST 1/4 OF SECTION 21, T0WNS~flP 48 SOUTH. RANGE 28 EAST, C0UJER COUNTY, FLORIDA, TO BE MADE AND 0DES HEREBY DEDICATE AND RESERVE AS FOLLOW~ RESERVE TO HB HOLDINGS OF SOUTHWEST FLORIDA, LLC, A FLORIDA MtdlTED UABlUTY COMPANY, THEIR SUCCESSORS AND ASStGN~' 1. TRACT R FOR ROADWAY PURPOSES, SUBJECT TO EASLr~ENTS HEREIN SETFORTH. SAID .TRACT R IS A ROAD RIGHT-OF-WAY. ALL ROADS, STREETS, LANDSCAPING AND OTHER IIdPROVEIdENTS NOW OR HEREAFTER LOCATED IMTHIN TRACT R SHALL BE AVAILABLE FOR THE USE AND BENEFIT OF THE PROPERTY OWNERS, THEIR GUESTS AND INVI~r. ES, ANO ARE NOT INTENDED FOR USE BY THE PUBUC-AT-LARGE. COLLIER COUNTY SHALL HAV~ NO MAINTENANCE RESPONSISIUTY WITHIN TRACT R. 2. TRACT R AND ALL DRAINAGE EASEMENTS (D.E.) AS SHOWN ON THIS PLAT FOR THE COi~STRUCTION AND MAINTENANCE OF DRAINACE FACtUTIE$ WITH NO RESPONSIBlUTY F'OR MAINTENANCE. 5. TRACT R AS A UTIMTY EASEMENTS (U.E.) FOR THE PURPOSE OF CONSTRUCTING, INSTALLING, MAINTAINING AND OPERATING WATER, SE~R AND IRRIGATION FACILITIES, WlTH NO RESPO~SIBILJTY FOR MAINTENANCE. ALL USES SHALL BE SUBJECT TO AND NOT INCONSISTENT WITH USE BY COLUER COUNTY OR THE COCLIER COUNTY WATER- SEWER DISTRICT AS A COUNTY UTILITY EASEMENT (C,U.F-). 4. ALL UTlUTY EASEMENTS (U.E.) AS SHOWN, FOR THE PURPOSE OF INSTALLATION AND MAINTENANCE OF THE RESPECTIVE FAClUTIES' WITH NO RESPONSlSIUTY FOR MAINTENANCE, PROVIOED ALL USES SHALL BE SUBJECT TO AND NOT INCONSiSTENT WITH, USE 8Y COLLIER COUNTY OR THE COLLIER COUNTY WATER-SE1/fl"R DISTRICT AS A COUNTY UTIUTY EASEMENT (C.U.E.). DEDICATE TO[dgV1NC1 ESTATES NE1GHOORHOOD ASSOCIATION~ THEIR SUCCESSORS AND ASSiGNS, WITH F~JLL RESPON~BILJTY FOR MAINTENANCE: 1. TRACT R FOR NON-EXCLUSIVE ROADWAY PURPOSES, SUBJECT TO EASEMENTS HEREIN SETFORTH. AND FURTHER SUBJECT TO THE TERMS AN0 PROVISiONS OF ~ DECLARATION OF COVENANTS. CONDITIONS, RESTRICllONS AND EASEMENTS FOR daV1NCl ESTATES. SAID TRACT R IS ROAD RIGHT-OF-WAY. ALL ROADS, STREETS. LANDSCAPING AN0 OTHER IMPROVEMENTS NOW OR HEREAFTER LOCATED WITHIN TRACT R SHALL BE AVAILABLE FOR THE USE AND BENEFIT OF THE PROPERTY OWNERS, THEIR GUESTS AN0 INVITEES, AND ARE NOT INTENDED FOR USE BY THE PUBUC-AT-LARGE. COLLIER COUNTY SHALL HAVE NO MAINTENANCE RESPONSlBIUTY WITHIN TRACT R. 2. TRACT R AND ALL DRAINAGE EASEMENTS (0.E,) AS SHOWN ON THIS PLAT FOR THE CONSTRUCTION AND MAINTENANCE OF DRAINAGE FACIUTIES. TRACT R AS UTlUTY EASEMENTS (U.E.) FOR THE PURPOSE OF CONSTRUCTING, INSTALLJHGo MAINTAINING AND OPERATING WATER, SEWER AND IRRIGATION FACIUTIES. AU. USES SHALL BE SUBJECT TO AND NOT iNCONSISTENT WITH USE BY COLLIER COUNTY OR THE COLLIER COUNTY WATER-SEWeR DISTRICT AS A COUNTY UTIUTY EASEMENT (C.U.E,). 4. ALL UTIMT'f EASEMENTS (U.E.) AS SHOWN, FOR THE PURPOSE OF INSTALLATION AND MAINTENANCE OF THE RESPECTIVE FAClUTIES, PROVIDED ALL USES SHALL BE: SUBJECT TO AND NOT INCONSISTENT WITH, USE BY COUJER COUNTY OR THE COLUER COUNTY WATER-SEWER DISTRICT AS A COUNTY UTIlJTY EASEMENT ALL LAKE MAINTENANCE EASEMENTS (I..Id,E,) AS SHOWN, FOR THE PURPOSE LAKE; MAINTENANCE. ALL LAKE ACCESS EASEMENTS (L.~.E.) AS SHOWN, FOR THE PURPOSE OF LAKE ACCESS. ALL LANDSCAPE BUFFER EASEMENTS (L.B.E.) AS SHOWN. FOR THE PURPOSE OF INSTALLATION AND MAINTENANCE Of' LANDSCAPflfl0, FENCING AND ~E pR£S~V~ TR^C~S P-~, P-2. P-3. P-4. P-B. P-e. P-?. P-~. P-e AND P-~O, AS SHOWN. AS N^~UR~ PR£SE.~ AREAS ~TH RESPON~S~TY ~OR M..TE.~CC ~ ~.L P.ESE.~ E~TS (PZ.) AS SHO~ for ~ PUR.OSE OF D[mcATE Tel coLuER COUNW. I~TS SUCCESSORS OR AS=GN~ 1. ~ DRAINAOE EASEMI::NTS (D.[) AS SHOWN. ruTH NO R[SPONSII31UTY FOR MAINTENANOE. 2. A BLANKET DRAINACE EASEMENT (D.F_) OVER ALL OF TRACT R, AS SHOWN ON THIS PLAT ~MTH NO RES~O~SIBILJTY FOR MAIHTENANCF_ 3. ALL I.~KE MAINI~.'NANCE EASEMENTS (LM.[) AS SHOWN, ~MTH NO COUNTY .~ RESPONSIBlUTY FO~ MAINIENANGL 4.ALL LAKE ACCESS EASEMENTS (i.A.E.) AS SHOWN. WITH NO COUNTY RESPONSJBJUTY FOR MAINTENANCE. 6. 7. & N NOT TO SCALE DEDICATIONS AND RESERVATIONS, DEDICATE TO FLORIDA POWER & LIGHT COMPANY Ah PROVIDER, AND THE CABLE TELEVISION PROVIDER= 1. TRACT R AS A U~UTY EASEMENT FOR THE PU AND MAINTENANCE OF THEIR R£SPECTIVE FACIL BE SUBJECT TO AND NOT INCOnsiSTENT WITH : COLUER COUNTY WATER-SEWER DISTRICT AS A 2. ALL NON-EXCLUSiVE UTIUTY EASIDdENTS (U.E.) THE PURPOSE: OF CONSTRUCTION. INSTALL~~ OF ELECTRIC, TELEPHONE, AND CABL~ TEL CONSTRUCTiON. INSTALLATION. MAINTENANC,, SHALL INTER[rE:RE WITH THE FACIIJTIES 0~' ANY EVENT ANY SERVICE COMPANY DAMAGES THE I SHALL BE SOLELY RESPONSIBLE FOR THE DAM, SUBJECT TO AND NOT INCONSISTENT WITH USE COCUER COUNTY WATER-SEWER DISTRICT AS ~ WITNESSES: PRINTED NAME OWNER: HB HO A FLOr BY: EURO CORPORATE ACKNOWLEDGEIdEN JUN 1 0 200 . .. ltd ., :.. Ii, ., · '__ :i a Ii i j. ,ii . ~ _ -- :::...I i,.,¥ . , .,, : ii :[[,I :~ ,Ii Iii i: :" I '[ ,ill ,.., :,. : Ll.d, .,, :u,: i. , l, ,i. [,Il ,: IV ! Ill I ~! !] Il [ II I!is i ' I IIII '1 ' lI :: ,]i~: ih:h: i,I d:,: .d :! il.t.,,i i, iii,: :l h,ll , , , Il O0/aL/O~ AGENOA ~ JUN 1 0 2003. c~lzo Z /\~\ I oo/gc/ · J UN l0 2003' ,,._ia, tO o oo/oz/,~ JUN 1 0 2003, JUN 1 0 2003. TRACT L-4 -L 41 31 TRACT C PARCEL IGOI.F COUR~ TRACT L-1 TRACT L-3 MONA LISA BLVD 11~AC'T R TRACT L-2 P.B PG. 32 I - 11 32 66-68 32 84 - 86 33 I · 2 34 8 - 9 NO. 6. 7. SUBDIVISION SANTORINI VILLAS AT OLDE CYPRESS DA VINCI ESTATES JUN 1 0 2003. Map Output Page Iot I CCPA GIS - HiML Ma JUN 1 0 2003. http://gis~c~~~i~rappraiser.c~m/serv~~t/c~m.~sri.~srimap~Esrimap?ServiceName=ccpa--design''- 11/18/02 Details Page 1 of 1 I Fo,o.No.l129734000328 [~ Prope~Add~lI NO srrE ADDRESS [ HOLDINGS OF SW FL LLC BONITA SPRINGS FL I 21 ~ 48 I 26 ~ 0.3e I 3B2t I 262750 13B21 I SuhNo." '~tl =~=750 I ~us,'Cod,:~ql o I[DA VINCI ESTATES 2002 Final Tax Roll (Subject to change) [ Land Valu .~..- t(+) Improved I'"" (=) ' M" r kef: V~il'u~?: -'~, ~?~ ~ I(') SOH Exe~t~a I (') H°meSr~d a~'ot~r EXe~V~ SOH = "Save Our Ho~s" exempt value due to cap on as~ss~nt increa~s. $ 221,483.00 $ o.oo $ 221,483.00 $ 0.00 $ 221,483.O0 $ 0.00 $ 221,483.00 Sales History ~;~ -~":,?~:1I.'::?;" Book-,aU.: ,, II. ' Amoun~ The Information is Updated Weekly. Details Page 1 of I [ ' ' Folio N0.1129734000360 I[" Pr°Pert~ Add~ell NO SITE ADDRESS t: ~-.*:.'.~: ow,,,,,,-II H B HOLDINGS OF SW FL LLC ! '~?! :': ~'ddre~l13521 BONITA BAY BLVD.. I "; ~'~'"'{~!':,":"~iCItTJl BONITA SPRINGS ~:~:~':*~??r~ll ~L 34134- 1624 . , .-. !2,~: :::~!~!:-,'Legalp DA VINCI ESTATES : "- :":~ ...... "]ILOT3 I so~.o..-I1'Townlhlp.-~1[_~: ".~-.'11': I 2~ II 48 I 26 ~ o.3,r Sub NO, 262750 ~ r : I~p NO' II Strip NO' 3B21 II 262750 33B21 I 12.2 II 13.5679 2002 F/nal Tax Roll (Subject to change) ['~ Land VelUe':~'·~"":~:' -.-. '~"~:~'~- - ~:~ "~;':.~ ":""~-'il (+) ImprOved va~..?;~.::.~:.~'-~ ~ I" (=) Market ¥°lu~:?-':-~'~/~'~' ~:~i~:-~ I (') SOH'Exempt~'- mimi~;~-i:~:'~:~ I (') H°me~ead °hd.'other EXemPt V° ,~.11 I "(=~ Taxabl. d Value ::-"-<~':~.~',~ SOH = "Save Our Homes" exempt value due to cap on assessment increases. $ 209,580.00 $ o.0o $ 209,580.00 $ 0.00 209,580.00 $ 0.00 209,580.00 Sales History Amou.t I The Information is Updated Weekly. JUN 1 0 2003. Details Page I of 1 I Fo,,o No:l129734000386 H:" Pr°p~rty Addr~lff NO srrE ADDRESS { o-...,..-II H B HOLDINGS OF SW FL LLC ^~r'""ll 352~ BONrr^ SAY BLV~ · - ... DA VINCI ESTATES I :" ' :~"~:~ LOT4 I 2~ I 48 II 26 II o.2~ I 3B21 I 262750 43B21 i I~' .sub.~;+.ql 2~2~=oII DA VINCI ESTATES ~'~. l: ~ o-~tl o IIVACANT RESIDENT~L I 2002 Final Tax Roll (Subject to change) I Land Valu'e I (+) Improved ValU~:i:?::~' I (') SOH Exemp~..ValU~ ~.:.><~,~ I (=) AsseSsed Valu~ ~"~! ~ !c t(') Homestead and~°ther:Exempt Vame'~l (=) Ta~abre' Value!' SOH = "Save Our Homes" exempt value due to increases. 190,310.00 $ o.oo 190,310.00 $ o.oo 190,310.00 $ 0.00 190,310.00 cap on assessment Sales History The Information is Updated Weekly. JUN 1 0 2003. Details Page 1 of 1 Fo.o ND.Il 29734001440 Il' Pr°perry Addr'llll NO SITE ADDRESS Owner Namell H B HOLDINGS OF SW FL LLC Addm~ll 3521 BONITA BAY BLVD ' ~:'~:~'~',.:~:~=.:'"'~'CaYll BONITA SPRINGS ~~:~11 FL I~:~~r~ll 34.134, 1624 t DA VINCI ESTATES LOT 57 I 21 II 48 II 26 II 0.46 , 3B21 I 262750 573B21 I : SUb:'N°'~'~;{~;~?tl 262750 ~DA VINCI ESTATES I '~0 USe'C~<le '?-':'II 0 Ij VACANT RESIDENTIAL 2002 Final Tax Roll (Subject to change) I LandValU~:?' ::.?,:-:~: ~'::::.'-.i:~!:i~ [ (+) Improved.Valul.~':~; .... ~:::.'~.:.- I(-~ so,-Ex,.~ v,~_ ~.~ ~ (-) Ho~ead a~ Diner ExemPt:VM~ SOH = "Save Our Homes" exempt value due to ~p ~ as~s~nt increases. $ 202,944.00 $ 0.00 $ 202,944.00 $ 0.00 $ 2O2,944.OO $ 0.00 $ 2O2,944.OO Sales History e°°k~l'a-l~le"~:;!-: .-t1' The Information is Updated Weekly. AGEI~A~ JUN 1 0 2003. http://www.collierappraiser, com~ecordDetail.asp?FoliolD=0000029734001440 11/1810_2_. Details Page 1 of 1 I ~o.o No:Il 297a400~4ee i¢i : p~n~.~a~ll NO srrE AOO,ESS I "~,=m. II A ," C CORP DA VINCI ESTATES LOT 58 2002 Final Tax Roll (Subject to change) I Land ValUe.:: ~ : ~: . ".:, ~!.?,:-~- ;;~ $198,996.00 I (+) Improved ValUe:-:.: :./;: ;:..:::~?.': i'"~:~ ~11 $ 0.00 I (=) MarketYahi~ ::;?: :: ;:¥: :.' '~:::;J'4~ $198,996.00 I(') SOH Exeml~/al~; :,;~:;~>~ $ 0,00 I~ ' (=).A~il'V~l~f~~ $198,996.00 I(-) Ho~,~,d:,",~r ~.?'~. ~ ~ o.oo ~ 12} T~ble Va~'~:?'~}~'*~~ 198,996.00 SOH = "Save Our Homes' exempt value due to ~p on as~smct increa~s. Sales History I o2/2oo, I 2779-820 II S 2~8,000.00 I The Information is Updated Weekly. JUN 1 0 2003. ~_~://www. collierappraiser, com/Recor~emil.~p?Folio~O090.~97_3400146~ 11/18/0_2.2., Details Page 1 of 1 I Folio NO.I129734001482 If~.~ .P;~r~;Aaa~l12906 LEONARDO AVE I Owner Nimeii H B HOLDINGS OF SW FL LLC AddreSSe'II 3521 BONITA BAY BLVD ~: :~: -~ :::~'//:'-.- .: .Clt~Yll BONITA SPRINGS ~~I~ ~1i~ FL DA VINCI ESTATES LOT 59 21 II 48 II 26 II 0.3" I 3B21 I 262750 593B2t l- ':::' 'SI]b N<~.[~i~l 262750 DA VINCI ESTATES I; "~:~?"ii'!Jl 0 i VACANT RESIDENTIAL , 1221 13.5679 2002 Final Tax Roll (Subject to change} I(+) Improved Vi I(') SOH Exempt! ~ ~"..? ~'~-~r'~ I (')'H°mesteadln~l °ther Eximpt,~ SOH = "Save Our Homes" exempt value due to cap on assessment increases. $ 228,766.00 $ o.oo $ 228,766.00 $ 0.00 228,766.00 $ 0.00 228,766.00 Sales History The Information is Updated Weekly. AGENOA JUN 1 0 2003. htt~://www.collierappraiser.com~ecordDetail.asp?FolioID=0000029734001482 11/18/02 Details Page 1 of 1 I Fo.o ND.II 29734001505 I[ Propert~ Addr~il NO SITE ADDRESS [ .... OwnerNameJt H B HOLDINGS OF SW FL LLC 3521 BONITA BAY BLVD BONITA SPRINGS *:~-~*~-r*~.~?'_~;l~.,'~ FL 34134-1624 DA VINCI ESTATES LOT 60 24' II 4. '1 26 "" I 0.,, I 3a~ '" l''2627506~3B2i I 1~:.~-::-="~"~-: ~:"":11 262750 ~ DA VINCI ESTATES l,~'---~ o~ ~:11 o ~ VACANT RESIDENT~L ! '" I ~"~ 1 2002 Final Tax Roll (Subject to change) I ' Land Value{ ~: ' :::'"'" ~"-"~":~'~1l $ 238,930.00 I (+) Improved Value"-'-': ': .: ·" -~:~':'-~11 $ 0.00 [ (=) Market Value :~ : ~- :- .'--'.~::~:~ $ 238,930.00 I(') SOH Exempt ValUe?~'~: ~'~'"~;,~; ~:~qt $ 0.00 I -(=) Assessed Value.. : :-~.; , ~.,~.-~ $ 238,930.00 I*' ~:::'(=}'~'axable. Valt~,~~~ $ 238,930.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Sales History The Information is Updated Weekly. JUN 1 0 2003- l"l I | ,i II II II II II I JUN I 0 2003, COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES DIVISION December ! 1, 2002 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (941) 732-2526 Kelly Bryan Empire Builders 5660 Strand Court Naples, Florida 34110 Re; Da Vinci Estates, Lot 2 Olde Cypress Easement Vacation Dear Ms. Bryan: This office has reviewed your request to vacate a portion of the Lake Maintenance Easement along the north-west border of Lot 2, Da Vinci Estates, Olde Cypress. The Collier County Water-Sewer District has no facilities in the area and therefore has no objection to the vacation of the above referenced easement. Should you have any further questions, please feel free to contact me at 732-2571. Sincerely, Jacquelyn R-,-Johns~ Engineering Technician CC: Paul Mattausch, Water Director Joseph Cheatham, Wastewater Director Rick Grigg, Land Surveyor, Community Development g:\engineering tech\easement-r.o.w, vacation\da vinci estates, lot 2.doc JUN I 0 2003 COl IJER COUNTY GOVERNMENT 'COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION April 4, 2003 Engineering Services Department 2800 N. Horseshoe Dr. · Naples, Florida 34104 · 239-659-5744 · Fax 239-643-6968 wv~w. co.collier~.us Mr. Bill Slavich Empire Builders 5660 Strand Court Naples, FL. 34110 RE: Lot 2, Da Vinci Estates Dear Mr. Slavich: Please be advised that based on your approval from July Minor, P.E. with the Collier County Storm-water Department, we have "no objection" to the vacation of six feet of the Lake Maintenance Easement on Lot 2 of Da Vinci Estates in Olde Cypress. Since this lot is in the comer of the lake, it may not have an adverse effect on the maintenance of the lake. This shall not set a precedent for other lots in this development. If other lots intend to encroach into the Lake Maintenance Easement, the lake should be modified to relocate the easement. If I can be of any further assistance to you in this regard, please let me know. Sincerely, John R. Houldsworth Senior Engineer C 2003. COLI. R COUNTY TR SPORTATION DMSION 2685 Horseshoe Drive South, ~ 212 · Naples, Florida 34104 · 23%732-2501 · Fax 239-659-5790 ENGINEERING & CONSTRUCTION MANAGEMENT DEP NT · ~.Right. of-WayAcquisition .~.$torrnwaterManagement .~.Design & Engineering ~.Cona'tmction Management January 7, 2003 Ms. Kelly Bryan Empire Builders 5660 Strand Corm Naples, Florida, 34110 Subject: Lot 2, da Vinci Estates Letter of No Objection Dear Ms. Cheffy: The'Collier County Stormwater Management seCtion'has reviewed.the.information showing an encroachment into the 20' Lake Maintenance Easement that envelopes the rear yard of the property. The information as provided shows the pool enclosure to be about 83' long and encroaching no more than 10' within the 20' Easement. The existing easement is not being utilized by this Section, therefore, this Section has no-objeCtion to vacating 10' of the 20' Lake Mainteannce Easement. If you have any questions regarding this matter, do not hesitate to contact me. ~or, P.E. Engineer, Senior JCAlVl/jcam CC:Robert C. Wiley, P.E., Principal Project Manager. Stormwat~r Management seCtion: Gregg Ga'cia, Transportation Planning Department Reading Pile ~ ~ F:\ Easement Encr0iiL;hment~la ~ ' s " · C o t ':'JUN ! 0 2003. ¥-':': ":' :'?/ : . .-~ '-~C U S TO M i ~¢:.i~'::.~5~ "':'~ ' !- ,~ : L'. ': '~ " "4 _ - -:~ _'D'~emb~~2~:? ~':.. 12-1 'i-02 29:43 ..,. .... ~.- ~. ~ '~'~.- ,:;$~' ~: Vacation of E~ement, ~t 2 DaVinci Estates, Olde C~ress q:.:, .., . .~.}~:. :': F ~: }~. ~mpke Builders will be submittinE a Petition for Vacation of E~ement for ':~'5 .~ '~'>' ~t ~,,~yinci Estates in Olde C~ress. We ~e requesting approval to encroach 10 ~7~?¢.:.¢5~..~ ~:~- ~L 'f~t ~e L~e Mainten~ce E~ement for a portion of ~e pool d~k ~d scre~ 75:'":":~'" "' ~' eh. cl~s~nly' I m requesting that yom dep~ent review ~e infomation ~d!3- '~ ": :~'~)J;}~:;: ..... :". i~ia'a~d issue a "~aer of No Objection." I have includ~ a second copy for ..... }¢~'~(~' ':.~},}~ y~:'~~d to Julie at Collier Coun, Water M~agement, per o~ conv~sation on ~¢ ~ Nq~ ~¢r'8,2002. ~ order for our petition to be reviewed ~d filed with the Board, ":':': .." .. ~ ~ ': ~: *~ ~ge m~t be complete ~d in compli~ce wi~ ~e Resolution, which includes ' "::'-: ...- ~ ~:~No Objection ~om all pertinent complies or usem Plebe feel ~ee to .. :-_...-.-:':7. C~ ~¢ at 566-3204 ifI c~ be of~sist~ce. Yo~ prompt r~ly ~d . . : ~-..- conslde~n is ~eatly appr~iat~. -:~:~: ~: '-'' '~:~' ~'-~:?'::: ':~,: '.% ~- ~S~, ...... ~lly B~ Z .' -~". ' ~ 7: ~..~ : '~. ? ?. A~A_iTEI~ JUN 1 0 2003. 5660 STRAND COURT NAPLES, FLORIDA 34110 WWW. BUILTBYEMPIRI ,:OM[~'~ " PHONE (239) 566-3204 FAX (239) 566-2538 CGC 037380 04/~/2093 ~0:27 94194eB778 ~ ~TATE PAGE: DA VINCI ESTATES HOMEOWNERS' ASS ATION 2kpti130, 2003 ~uny~n Empire. B~,ader~ 566O Strand Court Naples, FL 34110 Vacadon of Easement, Lot 2 Da Vinci Estates, Olde Q~press Deaz M.r~. M~Ison, The Da Vinci Estates Homcowncrs' Assochtion~ Inc. is the Homeownem' Aesochcion for Da Vinci Es~te~. Please consider this to be a "lem:r of No Objecffon" concerning the v~:~fion o~ ~--~eme_,~t, Lot 2 Da V~ci Esr~ 7our arc curr~ l~i~/o,;,~ Collier Coun~ for. :~ch~el B~ :President ]Da V'md Estates Homeowners' Assoch~n, Inc. lJUN 1 0 2003 d9! :!0 E:O 0~: -~alH HB HOLDINGS OF SW FLORIDA, L.L.C. December 12, 2002 Mr. Bill Slavich Empire Builders 5660 Strand Court Naples, Florida 34110 RE: Vacation of Easement, Lot 2 Da Vinci Estates, Olde Cypress Dear Mr. Slavich, Please consider this to be a 'Letter of No Objection~ concerning the vacation of easement, Lot 2 Da Vinci Estates y~u are currendypetitioning Collier County for. If we can be of more assistance in this matter, please contact us. Sincerely4 Michael Bahlm President Euro Florida Fundings, Inc. Management of HB Holdings of SW Florida, LLC 3521 BONITA BAY BOULEVARD · BONITA SPRINGS ' FLORIDA 34134 PHONE: (239) 948-0014 · FAX: (239)948-0778 JUN 1 0 2003 Arthur Rutenberg Homes Empire Builders 5660 Strand Court Naples, FL 34110 Re: Vacation of Easement, Lot 2 DaVinci Estates, Olde Cypress Dear Sir or Madam: We have reviewed the proposed encroachment of 10 feet into the Lake Maintenance Easement and have no objection. If we can be of further assistance please feel fi'ee to contact me at the location listed below. ~ Glo~oetti ///~resident A.R.B.C. Corporation ,, An Indefmndent Franchise 5675 Strand Court ,, Naples, FL 34110 · 941-597-1120., Fax 941-597-4517 CBC047719 · LicensedRealEslaeBrokm' · www.arhomes.com JUN ! 0 2O03 EXECUTIVE SUMMARY CU-2003-AR-3730 DAVID A. TITSCH, OF TITSCH & ASSOCIATES ARCHITECTS, INC., REPRESENTING EAST NAPLES FIRE CONTROL DISTRICT, REQUESTING CONDITIONAL USE 11 OF THE "C-4" ZONING DISTRICT TO ALLOW A FIRE STATION. THE PROPERTY IS LOCATED ON THE SOUTHEAST CORNER OF BAYSHORE DRIVE AND JEEPERS DRIVE, FURTHER DESCRIBED AS LOT 107, NAPLES GROVE & TRUCK COMP.~,NY LITTLE FARMS NO. 2., IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING oF 0.634- ACRES. OBJECTIVE: Staff is requesting that the Board review staff's findings and recommendations along with the recommendations of the CCPC regarding the above referenced conditional use petition and render a decision regarding the petition. CONSIDERATIONS: The Petitioner requests Conditional Use "11" of the General Commercial District (C-4) zoning disti'ict to allow a three-bay fire station that will house fire and EMS personnel. The site plan shows one structure with one access point from Bayshore Drive and one from Jeepers Drive. The Bayshore Drive access point will be limited to entry only. No vehicles will be permitted to exit the site onto Bayshore Drive. All exiting vehicles will utilize the Jeepers Drive access point. The site plan indicates that 15-foot wide type "B" buffers that include a six-foot high wall will be provided along the east and south property boundaries. FISCAL IMPACT: The principal fiscal impact to Collier County occurred at the time the property was purchased. In addition, with the subject acreage being developed as a fire station the potential residential density and resulting tax base will not be developed. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban Mixed-Use District, Urban Coastal Fringe Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban designation permits non-residential uses including, essential services as defined in the Land Development Code. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition. JUN 1 0 2003 G:\Current\Deselem\Conditional Uses\E Naples Fire Station, CU-2003-AR-3730\EXECUTIVE SUMMARY.doc Page I of 4 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or waiver of Historic and Archaeological Survey & Assessment is required. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the site size does not meet the threshold to require that review. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the May 1, 2003 CCPC meeting. Mr. Strain motioned to forward petition CU-2003-AR-3730 to the Board of Zoning Appeals with a recommendation of ^PPROV^L WrrH CONDITIONS~ Mr. Schiffer seconded the motion. The MOTION PASSED UNANIMOUSLY 6-0. PLANNING SERVICES STAFF RECOMMENDATION: Staff has recommended conditions to be attached to any approval for this petition. The conditions are listed below: 1. The conditional use approval to allow a fire station is limited to what is depicted on the Conceptual Site Plan, entitled, "East Naples Fire Control Jeepers Drive Station," last revised March 17,2003, which is a two-page set of plans prepared by Titsch & Associates Architects, Inc, stamped received March 20, 2003, except as further conditioned below. 2. The fire station is the only use of Conditional Use "11" that is allowed on this site. Any other uses that require conditional use approval would need to seek and receive separate approval. 3. The front setbacks for the fire station use along Bayshore Drive and Jeepers Drive are established at 25 feet. Any other use developed on this site must comply with the requirements of the LDC, as amended, for that use. 4. The project must be developed in accordance with all other requirements of the Bayshore/Gateway Triangle Redevelopment Overlay of the GMP as it may be in effect when development approvals and building permits are sought. 5. The developer(s), its successor(s) in title, or assignee(s), will be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), or as in this particular case at the intersection of Bayshore Drive at Jeepers Drive, when determined warranted and approved by Collier County Transportation staff. When warranted, upon the completion of the installation, aal(s), said inspection, bum-in period, and final approval/acceptance of any and all traffic sig traffic signal(s) shall be turned over (for ownership) to Collier County, and will then and maintained by Collier County Transportation Operations. Any negotiations rele' share" payment(s), or reimbursement(s), from any and all other neighboring & G:\Current\Deselem\Conditional Uses\E Naples Fire Station, CU-2003-AR-3730\EXECUTIVE SUMMAF ~e opoltli~bA ~/1 ~t lliid'fair 1 ~ veloper(s)/ JUN 2003 f.do(l~.Page 2 of 4 property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage/impact. 6. Architectural Conditions: a. The conditional use site plan submittal does not meet architectural standards for primary facade requirements, sidewalks along roads and buildings, and facade/wall transition elements. The SDP site plan must be in compliance with all requirements of LDC Division 2.8. Project site plans are subject to review for compliance with LDC § 2.8. at the time of SDP submittal. b. The petitioner may apply for deviations at the time of the SDP submittal, in accordance with the provisions of LDC Section 2.8.2.5. c. No variances or deviations from the architectural standards are implied or approved as part of the conditional use process. d. No deviations for non-commercial development are implied or approved as part of the conditional use process. 7. Prior to approval of a Site Development Plan, the site plan is subject to review and approval by Alternative Transportation Modes/Landscape Operations staff for compliance with Bayshore MSTU requirements relating to landscaping and irrigation plans. As of the date this executive summary was prepared, there had been no input either in support of, or in opposition to, this petition. JUN 1 0 2003 G:\Current\Deselem\Conditional Uses\E Naples Fire Station, CU-2003-AR-3730\EXECUTIVE SUMMARY.doc Page 3 of 4 PREPARED BY: SELEM, AICP PRINCIPAL PLANNER 5-14-&~ DATE REVIEWED BY: /SUSAN MURRAY, AICP / CURRENT PLANNING MANAGER DATE PLANNING SERVICES DIRECTOR APPROVED BY: DATE /' /x` .,j~)SEPH KZ ~CHMIT'--' '--T ' D~TE ' - ( ~OMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Executive summary/CU-2003-AR-3730 JUN 1 0 211113 G:\Ourmnt\Deselem\Oonditional Uses\l:: Naples Fire Station, GU-2003-AR-3730\EXEGUTIVE SUMMARY.doc Page 4 of 4 AGENDA ITEM 8-E TO: FROM: DATE: SUBJECT: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION March 26, 2003 CU-2003-AR-3730 PROPERTY OWNER/AGENT: OWNER: East Naples Fire Control District 4798 Davis Boulevard Naples, FL 34104 AGENT: David A. Titsch Titsch & Associates Architects 13710-2 Ben C. Pratt/Six Mile Cypress Parkway Fort Myers, FL 33912 REQUESTED ACTION: The Petitioner requests Conditional Use "1 I" of the General Commercial District (C-4) zoning district to allow a fire station. LOCATION: The subject parcel is an undeveloped 0.63-acre tract that is located at the southeastern comer of Jeepers Drive and Bayshore Drive. DESCRIPTION OF PROJECT: The petitioner seeks a conditional use for a three-bay fire station that will house fire and EMS personnel. The site plan shows one structure with one access point from Bayahore Drive and one from Jeepers Drive. The Bayshore Drive access point will be limited to entry only. No vehicles will be permitted to exit the site onto Bayshore Drive. All exiting vehicles will utilize the Jeepers Drive access point. The site plan indicates that 15-foot wide type "?' },,,¢¢,,,~ thn, include a six-foot high wall will be provided along the east and south property b und~e~..~~ JUN 1 0 2003. Fire Station, CU-2003-AR-3730 pg., 5 Page 1 of 7 SURROUNDING LAND USE & ZONING: SUBJECT: Undeveloped land; with a C-4 zoning designation SU1LKO~ING: North: East: South: West: Jeepers Drive, then developed land with a C-2 zoning designation developed mobile home uses with a VR zoning designation undeveloped RMF-6(3) zoned tract Bayshore Drive, then the entrance drive for the Windstar PUD residential project GROWTH MANAGEMENT PLAN CONSISTENCY: In a memo dated March 6, 2003, Comprehensive Planning staff offered the following comments: The subject property is designated Urban (Urban Mixed-Use District, Urban Coastal Fringe Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban designation permits non-residential uses including, essential services as defined in the Land Development Code. FLUE Po/icy 5.4 provides that all new development must be compatible with the surrounding/and uses. Comprehensive Planning/eaves the determination of compatibility to Current Planning staff as part of their review of the petition in its totality. CONCLUSION: Based upon the above analysis, staff concludes the proposed use for the subject site can be deemed consistent with the Future Land Use Element. This site is within the GIMP Bayshore/Gateway Triangle Redevelopment Overlay area. The fire station use would be permitted pursuant to GMP IV.D.3. which allows certain: · . . Non-residential/non-commercial uses a/lowed within this Overlay include essential services; parks, recreation and open space uses; water-dependent and water-related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. HISTORIC/ARCHAEOLOGICAL IMPACT: event that archaeological or historically si~ificant matter be unearthed in the d, this site, LDC {}2.2.25.8.1 establishes the criteria that must be followed to handling of such items. Staff analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability, as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. In the unlikely ,~ proper }'~ Page 2 of 7 Fire Station, CU-2003-AR-3730 2003. TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: The proposed impact of a fire station on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. STAFF ANALYSIS: Before any conditional use is forwarded to the Board of Zoning Appeals for action, the Planning Commi~ion must make a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met by the Petitioner and that satisfactory provisions and arrangements have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code (LDC) and the Growth Management Plan. The parcel is within the General Commercial "C4" zoning district designation, which is described in the LDC Section 2.2.15.1. as follows: The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of comrnercia/ activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are a/so permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on-site such as, but not limited to, automobile sa/es, marine vessels, and the renting and/easing of equipment. LDC 6.3 defines a Conditional Use as follows: A use that would not be appropriate generally or without restriction throughout a zoning district, but which if controlled as to number, area, location, or relation to the neighborhood would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or the general welfare. Such uses may be permissible in a zoning classification or a district as a conditional use if specific provision for such a conditional use is made in this Land Deve/opmnent Code. A fire station is allowed in the C-4 zoning district pursuant to Conditional Use #11, which allows "justice, public order and safety ([SIC] groups 9221, 9222, 9224, 9229)" uses. A fire station is enumerated in SIC 9224, Fire Protection. Although not currently located within in the Bayshore Drive Mixed Use Overlay District, the site is within the proposed expansion area of that Overlay District (LDC amendments proposed for adoption on June 15, 2003), which would make development of the site subject to the overlay provisions when development approvals are sou },* Mare specifically, the subject property would be designated as a Neighborhood Subdistrict within the Overlay. The LDC has special requirements for develo this Subdistrict. The use would be allowed, however the structure as propos Fire Station. CU-2003-AR-3730 Page 3 of 7 meet the 5-foot maximum front setback along Bayshore Drive. The petitioner's agent states that the fire trucks cannot negotiate the left turn from Bayshore Drive into the garages within the five-feet setback distance. At best, the trucks would be required to make an increased "swing" into another lane of traffic, or make numerous attempts to align with the garage. A traffic flow and convenience issue could arise if the trucks were required to maneuver into a structure constructed at the five-foot setback. LDC §2.7.4.4 requires satisfactory provisions to be made for the conditional use concerning: Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The site access and egress cannot be altered so that emergency vehicles exit onto Bayshore instead of entering from Bayshore, because that would require the fire tracks to make a U- turn at Jeepers Drive to respond to a call in a southbound direction, creating undue delays for the trucks and confusing traffic movements. The C4 zoning district requires a 25-foot front setback, which would allow the required maneuvering room. The site plan that accompanies this conditional use petition shows the 25-foot front setback along Bayshore Drive. Staff has included a condition that sets forth the front setback requirements (for Bayshore and leepers Drives) at 25 feet for this fire station use. Any other use developed on this site would need to meet the setbacks in effect when development approvals are sought, i.e., full compliance with the Overlay requirements if it is amended to include this site. The C-4 zoning district requires a 25-foot yard setback along any side that abuts a residential parcel. The Overlay area would allow a 15-foot side yard setback for a commercial use abutting a residentially zoned parcel. The site plan complies with the 25- foot building setback requirement along the east property line, but only shows a 15-foot building setback to the south. If the subject property is not included in the overlay, the site plan would need to be revised to comply with the required 25-foot setback to the south. Staff believes this conditional use is in compliance with the LDC. Since a fire station is recognized as an allowable conditional use of land in the Urban GMP land use designation, this conditional use request has been determined to be consistent with the Future Land Use Element of the Growth Management.Plan. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Fire Station, CU-2003-AR-3730 The fire station will be located at the intersection of two paved roadways and the access has been designed to prohibit emergency vehicles from exiting directly onto Bayshore Drive, in response to neighborhood concerns raised during the' Neighborhood Information Meeting and concerns raised by Transportation Planning staff. Discussion of the ingress and egress issues relative to proposed amendment to the LDC and the Bayshore Drive Mixed Use Overlay District requirements is included above. ~e~r~nl~ JUN 1 0 2003 Page 4 of 7 pg. H Additional conditions have been added to address other Transportation Staff concerns. A Traffic Impact Statement (TIS) may be required as part of the Site Development Plan submittal. Analysis oftbe TIS may result in a requirement for other improvements. 3. The effect the Conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. Personnel will be stationed in the structure ready to respond to an emergency. Day-to-day operations for the fire department will include the cleaning and maintenance of the equipment, which are relatively quiet operations. When the station personnel and equipment are called upon to respond to an emergency, vehicles must leave the site, which can create noise from fire engine sirens, and vehicle noise of the fire engines themselves, and headlight glare. Fire Department officials have indicated that in 2002 there were 1200 calls within a four-mile radius of this site, which is an average of less than four calls per day, which in staffs opinion should not create a particularly busy fire station. Walls and landscaping will be provided to soften the effects of the negative impacts created by this 4. Compatibility with adjacent properties and other property in the district. Surrounding properties are either undeveloped (south) or used residentially (east). The commercial uses that would be permitted by right in the C-4 zoning district could have more negative effects than the fire station. For example, in the C-4 zoning district (and the Overlay), a motel or a restaurant would be permitted uses. Those uses could generate more noise than the fire station and could be open 24 hours a day as well. In comparison to what would be permitted by right on the subject site, staff does not believe the proposed use would have any more impact than some of the other uses permitted by right. Building setbacks and landscape buffers are required to ameliorate any effects the fire station would have on its neighbors, therefore ensuring the compatibility of the properties. EAC RECOMMENDATION: Since the site is below the size threshold to require an Environmental Impact Statement, the Environmental Advisory Council did not hear the petition because it was not required. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2003-AR-3730 to the Board of Zoning Appeals, subject to the following conditions: 1. The conditional use approval to allow a fire station is limited to what is depicted on the Conceptual Site Plan, entitled, ,"East Naples Fire Conlxol Jeepers Drive Station," last revised March 17,2003, which is a two-page set of plans prepared by Titsch & Associates Architects, Inc, stamped received March 20, 2003, except as further conditioned below. 2. The fire station is the only use of Conditional Use "11" that is allowed on thi other uses that require conditional use approval would need to seek and rece approval. Fire Station, CU-2003-AR-3730 Page 5 of 7 . site~rr~ JUN 1 0 200 3. The front setbacks for the fire station use along Bayshore Drive and Jeepers Drive are established at 25 feet. Any other use developed on this site must comply with the requirements of the LDC, as amended, for that use. 4. The project must be developed in accordance with all other requirements of the Bayshore/Gateway Triangle Redevelopment Overlay of the GMP as it may be in effect when development approvals and building permits are sought. 5. The developer(s), its successor(s) in rifle, or assignee(s), will be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), or as in this particular case at the intersection of Bayshore Drive at Jeepers Drive, when detem~ed warranted and approved by Collier County Transportation staff. When warranted, upon the completion of the installation, inspection, bum-in period, and final approval/acceptance of any and all traffic signal(s), said traffic signal(s) shall be mined over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developer(s)/property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage/impact. 6. Architectural Conditions: a. The conditional use site plan submittal does not meet architectural standards for primary facade requirements, sidewalks along roads and buildings, and facade/wall transition elements. The SDP site plan must be in compliance with all requirements of LDC Division 2.8. Project site plans are subject to review for compliance with LDC § 2.8. at the time of SDP submittal. b. The petitioner may apply for deviations at the time of the SDP submittal, in accordance with the provisions of LDC Section 2.8.2.5. c. No variances or deviations from the architectural standards are implied or approved as part of the conditional use process. d. No deviations for non-commercial development are implied or approved as part of the conditional use process. 7. Prior to approval of a Site Development Plan, the site plan is subject to review and approval by Alternative Transportation Modes/Landscape Operations staff for compliance with Bayshore MSTU requirements relating to landscaping and irrigation plans. CONDITION DISCUSSION: The first condition identifies the site plan for future reference. Condition #2 limits the conditional use to what the petitioner has sought and what staff has reviewed. Condition #3 clarifies the required front setbacks for the proposed use. Condition//4 reminds the petitioner that this project will need to comply with the overlay that is in place on the subject site. Condition #5 addresses Transportation Planning staff concerns regarding a possible traffic signal at Jeepers Drive and Bayshore Drive. Conditions #6 and #7 Architectural and raised while reviewing the proposed Transportation Operations review staff concerns conditional use petition. Parle 6 of 7 Fire Station, CU-2003-AR-3730 JUN 1 0 2003. PREPARED BY: KA~SELEM, AICP PRINCIPAL PLANNER REVIEWED BY: DATE DATE APPROVED BY: /JqSEPH K. s~HMITT, ADMINISTRATOR D~tTE ' JD~ITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: KENNETH L. ABERNATHY, CHAIRMAN DATE Staff report for the May 1, 2003 Collier County Planning Commission Meeting Tentatively scheduled for the June 10, 2003 Board of County Commissioners Meeting JUN 10 2003 APPLICATION FOR PUBLIC HEARING FOR: CONDITION~IL USE Petition No.: Commission District: Date Petition Received: Planner Assigned: CU-2003-AR-3730 - PROJECT 112002120049 DATE: 2/10/03 KAY DESELEM ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) East Naples Fire Control District Applicant's Mailing Address City Naples State Applicant's Telephone # 239-774-7111 Applicant's E-Mail Address: N/A Name of Agent David A. Titsch 4798 Davis Blvd. FL Fax # Zip 34104 239-774-1782 FLrmTitsch & Associates Architects, Inc. Agent's Mailing Address City Ft. Myers, Agent's Telephone # Agent's E-Mail Address: 13710-2 Ben C. Pratt/Six Mile Cypress Parkway State 239-936-4875 FL Fax # staff@t-a-architects.ccm Zip 33912-4324 239-275-4151 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOI~ PUBLIC HEARING FOR CONDITIONAL USI; - 02/200C_ JUN 1 0 2O03- ~omplete the following for all Association(s) affiliatvxl with this petition. sheets if necessary) (Provide additional Name of Homeowner Association: Mailing Address N/A City State Zip Name of Homeowner Association: Mailing Address City State Zip. Name of Homeowner Association: Mailing Address City State Zip Name of Master Association: Mailing Address N/A City State Zip Name of Civic Association: Mailing Address City State , Zip Disclosure of Interest Information: ao If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). N~n~ .-d Address East Naples Fir~_ Control D] strict Percentage of Ownership 1 00% ~.PPI, ICATION FOR PUBLIC HEAKllNG FOR CONDFFIONAL USE - 0~d2000 JUN 1 0 2003. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. N~me, Address and Office Pcrcentat¢ of Stock Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address ~/A Percentage of Interest If the property is in the name of a GENER.AL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address N/A Percentage of Ownership eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Addresz ,.'/A Percentage of Ownership Date of Contract: No. f. If any contingency clause or contract terms involve additional pl individuals or officers, ifa corporation, partnership, or tna~ JUN ! 0 2003. ~yPLlC,~TIO~ FOR PUBLIC HEAR,I~G FOR CoNDmONAL USZ - 02/2000 ~. g~ __ Name and Address N/A go Date subject property acquired (0 leased ( ):~ N/A Term of lease September 30, 1997 If', Petitioner has option to buy, indicate date of option: N/A terminates: N/A , or anticipated closing date N/A N/A yr./mos. and date option ho Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property covered by the application: (If space is inadequate, at~ach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each dis~'ict. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions m'ise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 14 Township: 50 s Range: 25 E Lot: 107 Block: Plat Book 1 Page #: --- Subdivision: Naples Grove & Truck Company Little Farms No. 2 27 Propen~I.D.#: 61 840720000 Metes & Bounds Description: See Attached Exhibit "A':' Size of properW: 200 fLX 136.5 ft. = Total Sq. Ft. 27,300 Acr~0-63 Address/general location ofsubiect property: SE Corner of Bayshore Drive and Jeepers Drive 6. Adiacent zoning and land use: Zoning Land use ~,ruc^v, or~ ros ~,v. uc .~.,uu-~c fOR CO~VmONA~ VS,~- AGENDA IT~iA I'1 /'5 JUN 1 0 2003. N C-4 c~x~mercial S RMF-6 ( 3 ) Vacant g ~ ~r~_'+t ~./q~'~ ~ 1 ~r Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: N/A Township: Range: Lot: Block: Subdivision: Plat Book__ Page #: . Property I.D.#: Metes & Bounds Description: Type of Conditional Use: This application is requesting conditional use # 1 1 [he C-4 disU~ct for ~vPE oF usE) Fire Station Present Use of the Property: Vacant of Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made coneernlng the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request i: co~~r~ with the applicable section or portions of the future lancl~x use element): The fire station not only provides security and well-~i'~'Nau for a co.inanity, but also falls into the essential services ne tied for ,4Jl'I~LICAT1ON FOR PUIILIC ltEARING FOR CONDITIONAL USE -02.;1000 the Bayshore Gateway Triangle Redevelopment Overlay. be Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: The fire station itself ~enerates very little traffic resulting only in station manpower shift changes and normal emergency runs. Ingress will be off the less traveled Jeepers Drive while emergency run egress alone will occur on Bayshore. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: There will be no detrimental affects on adjacent properties. The essential ser~ce and snorter response time for emergency crews will benefit not only adjacent properties but the entire area as well. Describe the site's and the proposed use's compatibility with adjacent properties and other prqpertiesin .the d. istrict: The fire 'station being both a conmaercial use arx~ resioen~iai occupancy D£ends well w~n the goals of the Bayshore Drive requirements. e. Please provide any additional information which you may feel is relevant to this request. As a symbol of coramunity pride and to achieve a feeling of local well-being, fir_e stations should be prcminent.,.yet .blen~..with .loc. aX s .c~l. e. a re$'0en ial cu s le is o ~ ur_mo ~ .c . ~ve utl~lz~ res~ ~a~e~U~ln~stucco ~m~lng ~ res~~a~ scum we fenestration) providing a "homey,secure" appe~_rance of a single ~am~ly home while acccmmx~lating the logistic requirements of a fire station. By utilizing massing and residential design cues, the ~lre s~at~on Iits into the local fabric, providing the feeling of security by its very D .ag~ea~rgn.qe and~re~cg. eeo rtestrlcnons: l ne coun~ is legally precluded from enforcing deed. restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is bein order to ascertain whether or not the request is affected by existing deed 10. Previous land use petitions on the subject properW: To your hearing been held on this property within the last year? If so, what was the hearing? N/A APPLICATION FOR PIJBLIC ItEARrNG FOR CONDITIONAL USE - 02t2000 e CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED V~ITH APPLICATION PACKET! REQUIREMENTS # or pOT COPIES REQUIRED REQUIRED 1. Completed Application ....... 16' 2. Copy of Deed(s) and list identifying Owner(s) and all Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 2* 4. Pre-application notes/minutes 16' ~.: 5. Conceptual Site Plans (including (1) 8-1/2 X 11 copy) 16' 6. Environmental Impact Statement- (ELS) 4 7. Aerial Photograph - (with habitat areas identified) 5' 8. Completed Utility Provisions Statement (with requir.ed 4 attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee, Data Conversion Fee, Check shall be . made payable to Collier County Board of Commissioners i4. PUBLIC PARTICIPATION MEETING: APPLICATION SUBMITTAL: :- "~-'.'~,,~ .-' Copy of Affidavit attesting that all property owners~ civic associations & property owner associations were notified. "" ~ Copy of audio/video recording of public meeting Written account of meeting. _ -, ~ ................ :" -"~ CU-2b03-AR-3730 15. Other Requirements - .~ PROJECT #20021:20049 ~ DATE: 2/10/03 ....... ~ KAY'DESELEM * Documents required for Long-l~a-_~¢ P!~r. inE Review . As the authorized agent/applicant for tl~ P~fifion, I attezt that all ofth~ infonmtion ;~;-- -- ~ ~b included in this submittal package. I unde,,t,~l that failur~ to includ~ all n _~za~y ~..~ inform cia_ ss' of this tition. ..L~;.'::.:~,.~,~.;.~,~_i:-,,~:.' ~.'?,~ ~,,i ~~ ~ p,: ' ................... "~:- ' '---~'-jUN '1--0 2003. /~ ~E IV Applicant/Agent Signature 'L'.. i~*'.~~''' ~. i'"'~:]' D~ite t~pPLICATION FOR PUBLIC HEARING FOR CONDITIONAL U~ - 02/2000 CU-2003-AR-3730 PROJECT #2002120049 DATE: 2/10/03 KAY DESELEM AFFIDA FIT We//, Thomas Cannon being ,first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge "and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. ~4s property owner YYeff further authorize David A. Titsch as our/my representative in any matters regarding this Petition. to act Signature of Property'Owner Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this ~. ~/ day 20 O ~, by 7-/,~ ¢ ~.~..$/ who 'fs~ me o~/has produced as identification. State of Florida County of Collier JUN I 0 2003. of Notary bUc - Stye of Florida) (Print, Type, or Stamp Commissioned APPI~I~ATION FOR PUBLIC HEARING FOR CONDITIONAL USE- 0//2000 BASS & CHERNOFF Atlomcys at L~w 2335 T~niami Trail Norlh, Suite 409 Naples, Florida 34103.4459 CU-2003-AR-3730 PRO~rECT #2002120049 DATE: 2/10/03 KAY DESELEM Raymond L. Bass, .Ir. Holly B. Chcmoff Fu (94 !) 262-4025 Telephone (941) 262-45:55 March 10, 1998 East Naples Fire Control & Rescue District Attn: Bob Shank 4798 David Boulevard Naples, FL 34112 RE: Purchase from Belmonti Dear Bob: Enclosed herewith please find the original recorded Warranty Deed conveying title from the Belmontis' to East Naples Fire Control & Rescue District. This document has been recorded in the Public Records of Collier County for perpetuation and is not a valuable document, but is forwarded to you for your reference only. Please also find enclosed the Owner's Title Insurance Policy #OPM-1394373 issued through Attorneys' Title Insurance Fund of Orlando, Florida, in the amount of $116,025.00. This is a valuable document and should be stored in a place of safekeeping. Abstract No. 97-5659 has been sent to Lawyer's Abstract Service, Inc., for safekeeping. Should you desire this abstract, simply contact my office and my secretary will make arrangements to have it delivered to you. HBC/pb Since[ely, q. JUN 1 0 2003. 2234337 OR: 2353 PG: 1300 illl& (~lllOf! IIC~I~II Il ~ O[flCDO, U~OI~$ o[ COtLIII C0~11~, IL I~C-.TO l12.1J THIS DEED, made this '~0f~ day of September, 1997, between MICHAEL A. BELMONTI and FRED BELMONTJ, JR. Joint Tenants With Full Rights of Survivorship and Not As Tenants In Commons, Grantors and EAST NAPLES FIRE CONTROL & RESCUE DISTRICT whose tax identifiEation number is: 59-10OO-230, and whose post office address is 4798 Davis Blvd., Naples, FL 34112, Grantee. Grantors for and in consideration of the sum of Ten dollars ($10.00), and other good and valuable consideration to said Grantors in hand paid by said Grantee, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described real property with tax identification number 81840720000, situate, lying and being in Collier County, Florida, to wit: SEE ATTACHED LEGAL DESCRIPTION subject to restrictions, reservations arid easements of record, and taxes for current and subsequent years. This property is not homestead property. Grantors' homestead is located at ~//-'<~/-f Grantors do hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoeyer. IN WITNESS WHEREOF, Grantors have set Grantors' hands and seals the day and year first above written. Signed, sealed and delivered .in our presence: MICHLAE'L A. BELMONTI R E~D~BELMONTI, JR. ' STATE OF ~//~ ~. COUNTY OF This instrument was prepared by: Holly B. Chernoff, Esq. 2335 N. Tamiami Trail North Suite 409 Naples, FL 34103 (941) 262-4555 Before me personally appeared Michael A. Belmonti and Fred Belmonti, Jr. known to me personally or identified to mo ~.~v, sL~,~'i~4,~ , as the persons described in and who, after being sworn and under oath given by me, executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expressed. Seal: Commission No. ' · ~ c r ,~C~_' *** .OR: 2353 PG: 1301 *** LEGAL DESCRXPTtOtq Commencing a= the Southeast corner of Sectton 14, Tov~shtp 5u South. R~ge 2~ E~st, CoXtter County. an~ runntng North ·toni the FJsc ttne o~ said Seccton for 1334.72 ftec co · concrete m,~flumdnt, sa,d monument be~n~ the Southeast co,er o~ Tr~cc ~o. 107 o~ satd So,cron, chtflce Vest along the South boundar~ o~ satd Tract No. 107 ~or t095.26 ~eec co z concrete ~n~enc, and cooctflue ~esc for 200.~ ~eec co SCatS ~oa~ S-358 and ~0.00 [eec ~sC'o~ c~e ortStflit Souchvesc corner o~ sz~d T~mcc No. t07, s~td concrete monument, sec on the bsce*Xy o~ ~zy Xtne beths the Potnc o~.Bes~nntfli: From the potnc o~ beitflntni run ~orch along the right o~ ray line o~ S~/ce ~oa~ S-8~8 ~or t]6.50 geeC co a concrete ~numeflC, thence ~sc for 200.00 feet co a concrete ~n~ent, thence South ~ot ~36.~Q [eet :o · co,crete nonuuenc set on the South boundary o~ a~oresatd ~racc ~o. t07, thence ~sc aLofls said South ~undary o~ ~racc No. ~07 for 200.00 feet co a concrete monument, the Potn: o~ Beatnn~n;· AtT accordtn; co PXat tn P~ac Bouk I, Page 27, ~ubZtc Records o~ CoXXZer County, FZortda. .JUN I 0 2003. . ~4 ';t~' '-". . . 2. Fo~o ~rope~ ID) number(s) ofa~v¢ (attach to, or m~ociate wit~ legal de$~i~tion ~mbre t~an one) ~ 3. Street address or addresses (at applicable. if already ~signed) 4. Location map, showing exact location ofproject/site in r~lation to nearest public road right-of-way (attach) 5. Copy of survey CNEEDED olXrL,y FOR UNPLATI'ED PROPERTIES) 6. Proposed project name (ifapplicablO 7. Proposed Street names (ifa,~lMicabl~) S. Site Development Plan Number (FOR. EXISTING PROJECTS/SITES ONLY) SDP - 9. Petition Type - (Complete a scparat~ Addressing L-'heeklist for each Petition Type) [] SDP (site Development Plan) El SDPA (SDP Amendment) [] SDPI (SDP Insubstantial Change) [] SIP (Site Improvement Plan) [] SIPA (SIP Amendment) [] SNR (Street Name Change) [] Vegetation/Exotic (Veg. Removal Permits) ~IiLLand Usc Petition (Variance, ~:onditional Use, Boat Dock Ext., Rezone, PUD rezone, etc.) [] Othe~- Describe: 12 PPL (Plans & Plat Review) [] PSP (Preliminary Subdivision Plat) 12 FP (Final Plat) [] LLA (Lot Line Adjustment) [] BL (Blmting PermiO [] ROW (Right-of-Way Permit) t'l EXP (Excavation Permit) r'! VRSFP ('Veg. Removal & Site Fill Permit) 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 11. Please Check One: l~[ Checklist is to be Faxed Back El Personally Picked Up 12. Applicant Name ~.,q-,r' /'~g!:le:; Ff~,,e_ Ph'one 77¢- 7/// Fax 77Y/- / 7.pTz 13. Signature on Addressing Checklist does not co~titute Project and/or Street Name appro~ral and is subj .e~,.. to fu.~er review by the Addrcssin~ Section. . .~ r · r, - r Fl .= FOR STAFF USE ONLY ~ .... Primary Number ~ ~ Address Number b~~~ ~ ~,.~i. Address Number Address Number Approved 4 .( (> .~,'~ate --- .no0 .,~ txprLICRTION FOR PUBLIC II£ARINGFOR CO.'~I'rIO~&L l~_-~t I-OZ'_ _ JUN 1 0 2003. CU-2003-AR-3730 PROJECT #2002120049 DATE: 2/10/03 KAY DESELEM 3806 Exchange Avenue - Naples, Florida 34104 · (941) 403-1780 · Fax (941) 403-1787 East Naples Fire Control & Rescue District Jeepers Dr. Station TIS Waiver The proposed, project is a new Fire & EMS station, located at the intersection of Seepers Dr. and Bayshore Dr. The station will be manned by a seven (7) member crew during each shi~. Other than the shift changes, traffic at the station will be generated on an emergency basis. At each shii~ change, it would be expected that there would be 7 entering and 7 exiting vehicles. , Due to the nature of the project (emergency services) and the small number &normal trips generated, we request a waiver to the TIS requirements for this project. JUN1 O 2003 ST~TElVlEN¥ OF UTILITY PROVJSIONS FOR CONDITIONAL USE REQUF~T 0 NAME OF APPLICANT: MAILING ADDRESS: Naples' CITY East Naples Fire Control and REscue 4798 Davis Blvd Florida ZIP 341Q4 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4401 LEGAL DESCRIPTION: Section: 1 4 Township: Lot: j 0 7 Block: Plat Book 1 Page #:2 7 r)r~ v~. 50S Range: 25E Subdi~sion:~epl~- a~e,,o~ ~ mr,3ck Ce' s Little Farms #2 Property I.D.#: 6 ~ e A ~ ~ ~, ~- ~ Metes & Bounds Description: o~^ -,-,--~.---,- ,'-" District (GPD TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check app~able system): &. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANC1TISED UTILITY SYSTEM FI PROVIDE NAME d. PACKAGE TREATMENT PLANT C'] capacity)_ e. SEPTIC SYSTEM [-'[ TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCfflSED UTILITY SYSTEM PROVIDE NAME d. pRIVATE SYSTEM (WELL) 0 ~.PPLICATION FOR pUBLIC HEARING FOR CONDITIONAL USE - 07./2000 CU-2003-AR-3730 PROJECT #200212 DATE: 2/10/03 KAY DESELEM JUN I 0 2003. December 31. 2002 P.82 DEPARTMENT OF DEVELOPMENT SERVICES East Naples Fire Control And Rescue District 4798 Davis Blvd Naples. FL 34104 RE: 44~01 Bay Sh9re Drive, Naples FL 34112 Dear Sirs: This letter attests that the subject project is within the City of Naples water service area. As such. allocation of capacity will be assured when the project has received City approval and all required fees have been paid. if there are any questions please contact me at 213-5008. CITY OF NAPLES Paul McAIlister Engineering Plans Review FACSIMS.E (~41) 213-54~10 T~.EPHC)NE (G41J 213-5000 ~ 717-543QQ JUN 1 0 2003. ..... I u I I,.IL Titsch & Associates Architects, lnc March 19, 2003 Kay Deselem Collier County Community Development Planning Services/Current Planning 2800 N. Horseshoe Dr. Naples, FL 34104 RE.SUBMITTAL CU-2003-AR-3730 PROJECT #2002120049 DATE: 3/20/03 KAY DESELEM RE: East Naples Fire - Jeepers Station AR-3730 Dear Kay: Attached are ten (10)copies of the reduced site plar~ and elevations for the conditional use. These plans reflect the following clarifications: 1. Reversed flow of equipment to allow trucks to enter the apparatus bay .from Bayshore and exit the site via Jeepers Ddve. - 2. Added sidewalks and Crosswalks along Jeepers DriVe and showed the existing Bayshore side walks on the plan. .- .... 3. Noted the addition of a right turn lane and signalization of the BaYsh0re/Jeepers intersection. - 4. Revised parking calculations to rep,resent Shift changes rather than .be. ds as requested. ' 5. Noted there will be a maximum of three_(3) bays for the fire station per the neighborhood informational meeting discussion. -" -. ~ 6. Noted that building will not be more than two stores per the neighborho, od informational meeting discussion. '" "' 7. Added a location map as requested 8. Provide vertical dimensions on the elevations." These items should cover all the outstanding comments. If there are any questions, please call. Sincerely, RCHITECTS, INCi' SSM:kf CC: Nick Biondo "" ~ ::'' ' '::';: ~'~''''': (239) 936-4875 · FAX (239) 2.75,-.4.15'1"!.L.'ic:'I#':AA.0003606 ! 3710-2 Ben C. Pratt/Six Mile Cypress · Fo'rt'My. ers; Florida 33912. JUN 1 0 2003, I ! il, OOOOOOOQOQOOOODO CU-2003-AR-3730 PROJECT #2002120049 DATE: 2/10/03 KAY DESELEM CONDITIONAL USE PETITION PRF_~AP/'LICATION MEETING NOTES & SUBMITTAL CHECKLIST l~roJect Ntme: ~ ~ Project Addr/Loc*tion: ~.~ 0~'~. Firm: Type of Petitioa: Owner l~ame: ~'t_~'~. Owner Address: Phone: ,,El-.,ApplicaMon. completed ~ C..k.~ ~sr- [--' .... _ ~ Addressing Checklist signed by Addressing Dept Co ~ ~ C~ .,~ ,,e..app,cation meeting notes . ~ ~. ~-CXrL ,~. 16 copies of Conceptual Site Plan 24' X 36 plus (one 8 ~ X 11 copy) '~ cop~ of Oeed(~) ~ Coml ~/ Envlr~ previous 12 months) * Completed Owner/Agent Affidavits, Notarized Environmental Impact Statement Photograph (taken wi{bin the Statement of utility provisions (with a~ required attachments & sketches) JUN 1 0 2003. J ,,. NAR.ES F IRI~ ~ 77& 1782 P. 3 ,~~~/ Tramc Impact Staterrm. nt (TIS), or ~w'~tver Hist.orical and Amheological S~iver Coi~es of State and/m Federal Permits Archltec[ural Rendering of proposed Structure(s) ri I~ol'P~re-~pplic~fiop Fee $300,1:)0 (to be credited toward application fee below) ri Fees:. $2000.00" AppFgation Fee 25.00 Dala Conversion · $300.00 if filed in conjun~on with a rezone pefittorl OTHER REQUIREMENTS: o ~ ~ -', L,~.' " !:3 NOTES: · cr,_A,bl.. - ...... Agent/Owner Signature 2 Date[ JUN 10 2003, ~.~ , EAST NAPLES FIRE CONTROL AND R'E CUE DISTRICT 4798 Davis Blvd. Telephone (941) 774-711! Naples, FL 3410-~ Fax # (941) 774-1782 CU-2003-AR-3730 PROJECT #2002120049 DATE: 2/10/03 KAY DESELEM 1/07/03 Dear Property Owner, Please be advised that it is the sender's intent to make a formal application to Collier County for a Conditional Use of the following described property: 4401 Bayshore Drive, south of ]eepers Drive, Naples, FL. .. We intend to ask the.County to approve a Conditional Use that would allow us to construct a new satellite fire station on the described property. We are planning for a station with two or ti'tree bays, fronting on 4401 Bayshore Drive, which would house approximately five on-duty firefighters. We are requesting your support in order to provide your area with faster response times to alarms. We will also serve to provide Advanced Life Support along with rescue and fire protection. Recognizing that East Naples continues to grow and develop, this station is to be paid for by current and future impact fees that the East Naples Fire Department is already collecting. There will be no additional cost to you, the property owner. In order to provide you an opportunity to become fully aware of ortr intention to construct the new fire station and to give you an opportunity to influence the form of development intended, we are holding a Public Information meeting on ]'anuary 22, 2003, at the East Naples Community Park at 6:00 p.m.The park is located at 3500 Thomasson Drive, Naples. At this meeting we .,,viii make every effort to illustrate how we intend to develop the property. Sincerely, Assistant Chief Rob Potteiger East Naples Fire District ' (239) 774-7111 JUN 1 0 2003- PUBLIC HEARING jANUARY 22, 2003 Kay Deselem from CCES/Planning Services explained how the hearing would be ran. Kay introduced Rob Potteiger, Assistant Chief of the East Naples Fire Control and Rescue District. A/C Potteiger introduced Nick Biondo, our Fire Marshal in charge of the Fire Prevention Bureau; Leo Davis in charge of the operations of the fire department; Thomas G. Cannon who is Chairman of the Board, East Naples Board of Fire Commissioners; Bob Hughes and Rich Gibbons, Commissioners. A/C Potteiger stated we encompass 156 square miles and serve approximately 50,000 people. At the present time we are doing that with three stations that are located at 951, Naples Mag. or on 41, and Davis Blvd. by King's Lake. We ar~ proposing two more stations, one would be the Grey Oaks Stb. tion that would be on Airport Road right in front of Poinciana School, and the other is Jeeper's Drive. We acquired the property approximately three years ago with the intention of building a fire station there. In 2002, we ran approximately 1200 calls in a four- mile radius of where Jeeper's Drive is. Our response times in that area were approximately six and one-half to seven minutes for arrival time. We would like to cut that down to an average of four minutes. By putting a station there, we can achieve that goal. Our total number of runs for the year is approximately 5,500 calls so that is a pretty big amount of calls for that area. We have ran structure fires, vehicle fires, and vehicle accidents to that area. Last year alone there were eleven vehicle fires, ten structure fires, approximately five hundred and eighteen medical calls, and approximately one hundred and ten vehicle accidents in that area. What we are proposing at the station will be an Advance Life Support Engine and approximately three people. At this time, we are still under discussion with EMS to bring them in as part of the station, but this is still preliminary. Our plans are to try to include them, but if we can't due to lack of space, we would still be providing advanced life support with our ALS Engine. We run an ALS Engine out of Station 20, Davis Blvd., and it has worked out very well. We have nine to ten paramedics who can administer advanced life support. A/C Potteiger advised Dave Titsch, our architect, was pres brought a preliminary rendering. When Mr. Titsch went to' permit he found out we had to have a Conditional Use. Fortunat ge our . .ly/Igic~ JUN I 0 2003, u. B5 Biondo, our Chief of Prevention decided he was going to take the lead on that. The reason we are here tonight is to answer any questions or concerns that one might have for that station. What we are intending to build is a two story structure with three bays. The three bays are for storage of our trucks, which ,.viii consist of two reserve engines and a brush truck that we acquired from a grant from the United States Fire Service. Through that grant we were able to build a $200,000.00 brush truck for literally pennies to the taxpayers. This station will be built with impact fees, which means the ad valorem taxes will not be used to build this station. The total amount of calls in that area will be numerous as this is a busy part of the town. We have many vehicle accidents on Thomasson Drive and at 41 and Bayshore. With this station, we hope to reduce our run time so we can get on the scene quicker. A/C Potteiger said he brougi~t his staff and the architect to answer any questions anyone may have. This is still in the discussion stage; there have been no final plans. Our Board still has to vote on it and Mr. Titsch still has to finish a few things. Mr. Titsch explained the plans for the station. He explained each floor and what it would be used for. The exterior would mesh with the desires of Collier County. The Facilities Committee has requested a metal roof. Our plans have to conform to the county's request. The final okay would be from our Board of County Commissioners. (Name not audible) asked what kind of warning signals we would have for traffic, pedestrian, bicycles, and cars or trucks. Potteiger advised we have to do a traffic impact study and the traffic light would be a DOT decision. She said she lives at Windstar and at certain times of the year there are probably one thousand people living there and coming in and out of the driveway right across from where the station is to be built all day long. They have a lot of bicycles and many kids walking up and down the street and she was concerned there would be something to warn everyone when a truck would pull out. She also asked, when we ~vent south, how would we pull out. Pott advised the road would have to be reworked and DOT would be involved in this, as they would be changing some of the medians. Aubr7 Swartz, representing the 154 owners of Moorehead Manor, said they support the fire department. He asked if the department could pull out on Jeeper's, as a traffic light there would help with traffic control in that area. He thanked the fire department for their efforts to help get their security gate back in place. JUN 1 0 2003 ~.~J . A/C Potteiger said he has been with the fire department twenty-four years and fortunately deals with our Chairman, Tom Cannon, and the staff would' agree that if there is something to help the people in respect to traffic studies and traffic lights, our Board has bent over backwards to rectify a situation. He said our Board would be sympathetic to the request. Port said he received a phone call from a gentleman who wants to put some condominiums between the apartments and our station. Gomer Tare, 699 5th Avenue, S. said he owns the land next to us and will be developing a very nice condominium complex and he was hoping to take the whole corner and landscape around the corner. He asked if there were any irrigation problems there and Pott said right now we are just trying to get through the preliminary. He said this will all come into it later. It was questioned as to what'a "Conditional Use" is. A Conditional Use is basically a use that has been identified as may be appropriate in the district but requires additional scrutiny. A discussion concerning which direction the station would face followed. Pete {last name not audible) said Collier Enterprises did a presentation at Windstar last week talking about the shopping center and other things going on. One of the items Chuck mentioned was donating land for a fire station by the new Publix. He asked if this would be considered before making a decision on the Jeeper's site. Tom Cannon, Chairman of the East Naples Fire District, said that donation was about a $130,000.00 donation for a new fire station. When they say donation, they are not really donating, they want to sell it for that. Tom said we felt we wanted a station closer to 41 and Thomasson. We felt the Publix site was too. close to the Naples Manor Station and deeper's would be a more ideal location. A discussion concerning this item followed. It was asked what the cost of the station would be and Potteiger said between $650,000.00 to $800,000.00. He said there are several factors that would determine the price and the number one factor is if EMS was l~oused with us. EMS would pay rent, which would bring our cost down. With just our department in there, we would be doing the cost for the whole station. Jeff (last name not audible} asked about the noise factor. Potteiger said the noise factor would be less. Right now you have two trucks coming from two directions, Station 20 on Davis and Station 21 at Naples Manor, and with this station they would be first out so if it is in Win will be going across the street, if it is down Bayshore to the n be a straight shot. D/C Davis said the guys don't have to turn ~le ~h ~0 - JUN I 0 2003 on if they can get out safely for themselves and the citizens. At intersections they do have to run the sirens. With the influx of people, it is taking us longer to get to our destination. A/C Potteiger said Winter Park has never complained of noise from Station 20. Don (last name not audible) said he lives at 182 Jeeper's, right behind the proper.ty. He said his main concern is drainage. When it rains, it floods through there. He asked if we were going to build the property up, and where was the water going to go. There is a manmade pond on the property and if that is filled in there is no place for the water to go. Dave Titsch said there will be regulations anywhere in the State of Florida and across the nation, that we need to handle water retention/detention and we will. We will be meeting all the requirements of South Florida Water Management and Collier County regulations with regard to collecting the one-inch of rainfall at the beginning of any rainfall. It is unlawful for anyone to dump water on someone else. Don said that was his main concern, he has no problems with the fire station being close. Dave pointed out there ,are fifteen ~'eet abutting your property, that is where we have to do some water management, and observe the grade of your property and the grade of Mr. Mcabe's property. There is a lot to be done yet. It was reported on the basis of the County Commission working on this, they are back there on the access creek cleaning it out so that may solve part of the water problem. They have earthmovers opening up the ditch, there used to be a nice lake there but it is all grown up. They are opening up the access to the creek. (The next part was not audible.) It was questioned as to when we will build this station and A/C Potteiger advised we have direction from our Board to build it as soon as possible. It should be completed within a year to a year and a half. Eighty percent of it is working with the county and going through all the steps. The procedure requires ENFD to go back and submit the application. Once the application is submitted it will be distributed to the various reviewers and once they are confident they have a complete application, the following hearings will be scheduled and letters will be sent to the property owners. These meetings will also be advertised in the paper. There will be two meetings, the first before the planning commission (Next part not audible). Titsch was congratulated on the style of the building and it was pointed out these are artist renderings and are subject to change. Dave Titsch said all of this is necessary because of the process. He said under C4 zoning, would a fire station be approved as a conditional use. _ He said they will meet with Mr. G arc ia from Transportatiol na~~~ they can change the direction from which the trucks exit and 4 1 0 2003 DeputY Chief Davis said we will be good neighbors and the citizens may talk to anybody there. " A/C Potteiger thanked everyone for coming and advised the citizens if they have any questions to contact him and he will do his best, with the help of Leo and Nick, to answer them. Meeting closed. JUN 1 0 2003. Pt. ~ F3:~M EAST NAPL.E~ F'II:~ 2~9 774. 1782 (~ ARR~.TT ,S T R li:'K T ' LAN&': : .® .® JUN BOARD OF ZONING APPEALS RESOLUTION 03- A RESOLUTION OF THE COLLIER COUNTY BOARD OF ZONING APPEALS PROVIDING FOR APPROVAL OF CONDITIONAL USE "1 I," FOR A FIRE STATION IN THE "C-4" ZONING DISTRICT PURSUANT TO SECTION 2.2.15.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 14, TOWNSH1P 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND PROVIDING FOR RECORDING AND AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing at, er notice as in said regulations made and provided, and has considered the advisability of conditional use "11" of Section 2.2.15.3 of the Collier County Land Development Code in an 'C-4" Zone for a fire station on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered ali matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition, identified as CU-le03-AR-3730, filed by David A. Titsch, of Titsch and Associates Architects, Inc., representing the East Naples Fire Control District with respect property hereinafter described in Exhibit "B" attached hereto and incorporated by nee herein, is hereby approved for Conditional Use "! !" of LDC Section 2.2.15.3 to allow station in the "C-4" Zoning District in accordance with the Conceptual Master Plan (Exhibit and subject to the conditions found in Exhibit 'D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED ttmt this Resolution be recorded in the minutes of this Board and this Resolution will become effective upon adoption. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Deputy Clerk BY: TOM HENNING, CHAIRMAN Approved as to form and ~'I'~'~'~sufficier~y: .~ / Patrick G. White Assistant County Attorney Exhibits (attached): Findings of Fact Legal Description Conceptual Site Plan, entitled, "East Naples Fire Control Jeepers Drive Station,' last revised March 17, 2003, which is a two-page set of plans prepared by Titsch & Associates Architects, Inc, stamped received March 20, 2003 Conditions CU-2003-AR-3730/KD/Io FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-3730 The following facts ar~ found: 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~/~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in ease of fire or catastrophe: Adequate ingress & egress Yes V/' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or ~ Affect mitigated by ~ Affect cannot be mifigatexl D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~/ No Based on the above findings, this conditional use should, with stipulation% (copy attached) I~ recommended for approval to the Board of Zoning Appe, als. EXHIBIT A JUN FINDING OF FAC'F BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-3730 The following facts are found: 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional us~.. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes /,,,"' No~ Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~'/ No Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by .... Affect cannot be mifigat~l ! Compatibility with adjacent properties and other property in the district: Compatible use within district Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. MEMBER: EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COM2VlISSION FOR A CONDITIONAL USE PETITION The following facts are found: 1. 2. CU-2003-AR-3730 Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes X No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes .y: No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or __ Affect mitigated by X' Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No A' Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. £XHIBIT A JUN 1 0 2003 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-3730 The following facts are found: 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. Crranting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency wfth the Land Development Code and Growth Management Plan: / Yes 'J No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress / Yes 9' No Affects neighboring properties in relation to noise, glare, economic or odor effects: / v No affect or ~ Affect mitigated by Affect carmot be mitigated j Compatibility with adjacent properties ana other property in the district: Compatible use within_ district Yes v/ No Based on the above findings, this conditional use should, witt recommended for approval to the Board of Zoning Appeals. DATE: ~'~)q ~ 2C~,-~ MEMBER: EXHIBIT A / ;tipulations, (copy attached) be JUN 10 2003, FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDmONAL USE PETITION CU-2003-AR-3730 The f'ollowin~ facts are foun& 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. e Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes / No Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~/ No Affects neighboring properties in relation to noise, glare, economic or odor effects: //No affect or ~ Affect mitigated by Affect cannot be mitigated ./ ). Compatibility with adjacent properties and other property in the district: Compatible use within district Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. MEMBER: EXHIBIT A JUN 10 2003. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-3730 The following fi~ts are found: 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because o~ Yes ~ No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e~gress Yes JNo Affects neighboring properties in relation to noise, glare, economic or odor effects: / -~No affect or ~ Affect mitigated by Affect cannot be mitigated / Compatibility with adjacent properties and other property in the district: Compatible use within district Based on the above findings, this conditional use should, with stipulations, (copy attached) be A C-. -. -. -. -. -. -. -. ~ A I'11~/~ I :: :: ExHmrrA JUN10200~- L~GJ~ · ' ! Section l&, Tovnsh£p 5u South. _ . Souchea$l: corner o .__ u_,.~, ~1 t chi ~sc XLne be~n~ ~ - -~- ~ou~b bound~cY o~ satd. __ ._. ~00.00 ~eec co Sc=ce ~es~ I~o~J CO & cO~CCICl ._ and 50.00 ~oad S 358 . o[ ray z~s.- _ :~. ,tehc oi ray ~tne u, ~ .~ n~ ~..c CO a concrc~- f-ac co a cou~---: South ~und~r~ JUN 1 0 2003. BB,LVIOOB~Y · I I It! VGT~O'M 'BI'iZIrK ._.--.--. OQOQQnnQQQQO JUN 1 0 C CU-2003-AR-3730 Page I of 2 -Exhibit C Page 2 Exhil East Naples Fire Station CONDT]'iONS FOR APPROVAL 1. The conditional use approval to allow a fire station is limited to what is depicted on the Conceptual Site Plan, entitled, "East Naples Fire Control Jeepers Drive Station," last revised March 17, 2003, which is a two-page set of plans prepared by Titsch & Associates Architects, Inc, stamped received March 17, 2003, except as further conditioned below. 2. The fire station is the only use of Conditional Use "11" that is allowed on this site. Any other uses that require conditional use appro~,al would need to seek and receive separate approval. 3. The front setbacks for the fire station use along Bayshore Drive and Jeepers Ddve are established at 25 feet. Any other use developed on this site must comply with the requirements of the LDC, as amended, for that use. 4. The project must be developed in accordance with all other requirements of the Bayshore/Gateway Triangle Redevelopment Overlay of the GMP as it may be in effect when development approvals and building permits are sought. 5. The developer(s), its successor(s) in title, or assignee(s), will be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), or as in this particular case at the intersection of Bayshore Ddve at Jeepers Drive, when determined warranted and approved by Collier County Transportation staff. When warranted, upon the completion of the installation, inspection, burn-in period, and final approval/acceptance of any and all traffic signal(s), said traffic signal(s) shall be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developer(s)/property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage/impact. Architectural Conditions: a. The conditional use site plan submittal does not meet architectural standards for. pdmary facade raquirements, sidewalks along roads and to buildings, ar, d facade/wall transition elements. The SDP site plan must be in compliance with all requirements of LDC Division 2.8. Project site plans are subject to review for compliance with LDC § 2.8. at the time of SDP submittal. b. The petitioner may apply for deviations at the time of the SDP submittal, in accordance with the provisions of LDC Section 2.8.2.5. c. No variances or deviations from the architectural standards are implied or approved as part of the conditional use process. d. No deviations for non-commercial development are implied or approved as part of the conditional use process. 7. Pdor to approval of a Site Development Plan, the site plan is subject to review and approval by Alternative Transportation Modes/Landscape Operations staff for compliance with Bayshore MSTU requirements relating to landscaping and irrigation plans. C Revised: 4/11/03 Exhibit D