Agenda 03/17/1998 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, March 17, 1998
9:00 a.m. ,
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH TIlE COUNTY ADMINISTRATOR
PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA
MUST BE SUBMITYED IN WRITING WITH EXPLANATION TO THE COUNTY
ADMLrNISTRATOR 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 PERTAINI~'G THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTLMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAHABLE IN THE
COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. LNVOCATION - Pastor Olsou, Shepherd of the Glades Lulherzn Church
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA AND CONSENT AGENDA
4. APPROVAL OF MINUTES
Februar7 24, 1998 - Regular meeting.
PROCI.~MATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
B. SERVICE AWARDS
1) Pedro Moutero - Pelican Bay Servlce~ - $ ycan
C. PRESENTATIONS
I
March 17, 1998
11.
1)
Presentation of a check in the amoont of S7000.00 from the Cool Cruisers to
benefit the Golden Gate Community Center. To be presented by Oeork. e
Medlin of the Cool Cruisers and accepted by Keith Larson and Janice Elliott
on behalf of Golden Gate Community Center.
APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
PUBLIC PETITIONS
A. Alfred Luckerbauer regarding the hies of Capri Advisory Committee.
COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICF. S
1)
2)
Recommendations relative to Ordinance 92-82, as amended, a/k/a The Golden
Gate Health Park PUD which, according to the required PUD Status Report,
hu not commenced construction as defined in Section 2.7.3.4 of the CoiBer
County L~nd Development Code. (Continued from the meeting of 3/3/9~)
Petltioa C-98-4, Golden Gate Area Chamber of Commerce requesting an after-
the-fact permit to conduct the Golden Gate Frontier Days Festival on February
27 through March 1, 1998.
3)
Approval of the FY 97/98 Bicycle and Pedestrian Program project llst for
countywide sidewalk construction.
B. PUBLIC WORKS
Co
1) Rescind Award with R & L tndustrie~ for the Recycling of Agricultural Plastic
at the Immoktlee Landfill and negotiate a Contract with Sunshine Excavation
for the burial of the material.
PUBLIC SERVICES ~?= r
SUPPORT SERVICES
L COUNTY ADMEN'ISTRATOR
F. AI~PO RT AUTHORITY
COUNTY ATTORNEY'S REPORT
BOARD OF COUNTY COMMISSIONERS
Appointments to the U.S. Army Corps of Engineers Alternative Development Grmnp
(ADG).
OTHER ITEMS
A. CONSTITUTIONAL OFFICERS
B. PUBLIC COMMENT ON GENERAL TOPIC
PUBLIC IlEAl:LINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12.
13.
14.
15.
A. DVT, RTISED PUBLIC LIEARI]~GS - BCC
A. COMPREHENSIV~ PLAN AMENDMENTS
I)
{~ONTINUED FROM THE ME£TIENG OF MARCH 10. 1~ ~
~ER CON~D ~O DA~} - P~i~ P~7-18, ~ ~ ~
~q~in~ a ~e f~ ~F~, ~-12(~, ~d ~-I~T(~ ~ F~ ~ ~
~ u ~ ~ ~ Unit ~~t for a m~mm ~ ~1 ~
fmily dw~ling unJ~ for p~ ~at~ ~ ~ ~w~ ~ 111~
Avenue No~h ~luebill A~nue ~a ~ ~ ~d V~t D~ (~
C. OTHER
BOARD OF ZONI~NG APPEALS
A. ADVERTISED PUBLIC HEAR/NGS
B. OTHER
STAFF'S CONLMUNICATIONS
BOARD OF COUNTY COMMISSIONERS' COMMIJNICATIONS
I6.
CONSENT AGENDA - All marter~ Ii~ted under this item are ccm$idered to be rtmtine and
actio~ will be taken by one motion without separate discussion of each item. If discussion la
desired by · member of the Board, that item(s) will be removed from the Conoent Agenda and
con~idered separately.
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICT~
1) Approval for recordinI tbe final plat of "Marker Lake Villas".
~)
Approval of Budget Amendments reducing the budget for the CDBG Grant for
Sbell·bxrger Park (Fund 121, Cost Center 13875S, Pro~cts 330Z0 and 33021)
by L583,0o0.
a)
Deferral d 100% of the impact fees for a 124 u~t alYordabs, e Irdr~img project to
be [milt by a Florida limited partnership icuowu u Sa·os Mmmr Isles
Apartments affordable ten·sd units fred suburdi~ of lien.
4) Approval of a refund of r~ad Impact fee in t~e amount of $4,032.7~.
3
M.~h 17, 1998
Do
6)
Approval of £zcavatlon Permit No. 59.634 Tim Jacobsen ezcavat~on located
Sec. 32, T48S, R28K, bounded on the north by 16~ Ave. NE right-of-wa~y; on
the east by Golden Gate canal right-of-way; and on the ~th and west by
vacant lots.
Appointment of a reprt~entative to the Scmthwest l. zme~ Grtmp (SWIG) of the
Governor's Commi~ion for a Sustainable South l;3orlda.
7) Approval for recording the final plat of "Glen Eden, Pheee One".
PUBLIC WORKS
1)
2)
3)
T'n|s item bee been deleted.
Approve a Cooperative Agreement with ~ South Tlorida Water Management
District for the Maintenance and Operation of Three Replacement Bridge~ at
Bay We~ Nurser'y, Rose Lane and Nursery Lane over the Cocohatchee Canal.
Recommendation for the addition of equipment to the Auction f~st ~cbeduled
for March 21, 1998.
4)
Cooperative Agreement with Big Cypre~ Beein/Soutb Florida Water
Management District for Cost-Sharing Design of Phase 1 Lely Area
Stormwater Improvement Project.
PUBI.IC SERVICES
1) AuthorLze a youth basketball team to represent the Collier County Midnight
Basketball League in a national tournament.
2) Approve the purchase of playground equipment for Sugden Regional Park.
SUPPORT SERVICES
1)
A Resolution approving the Satisfaction of Liens for certain residential
accounts wherein the County bee received payment and said liens ,re satld'~ed
in full for the 1994 Solid Waste Collection and Dispo~l Services Special
3)
Modification of a Gra~t Agreement extending the compi~ion time for
instxll~tion of a NOAA Weather Trznsmitter from March 31, 1998 to
Septemher 30, 199~.
Rescind prevk~s contra~ award and award Bid No. 9%2751 for wates'prxg~finl
of Administration Building to Aerial Restoration Contrxctor%.
4)
A ges4~lution appro~4ng the Satisfaction of Liens for certxin residential
accounts wherein the County bee received payment and slid llen~ are satisf'~.-d
in full for the 1994 Solid Waste Collection and Dispcv~l Services Special
A.t.w.~men ts.
COUNTY ADMINISTRATOR
1) Budget amendment reeort.
March 17, 1998
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
1)
Sati~a¢fion of Li¢~: NEED MOTION authorizing the Chairman to sign
Satldactlon of ~n for ~c~ of the ~bl~ ~en~r br em N~: ~911~
M~, 9~1031~M~, ~976~M~ ~27-~ 9~7~~ ~
0~2-CFA, 9~2929-M~ 97-108~, ~I~~ 97-$1~~ 97-
2592-M~, 97-121~ 97-~~ ~2~ 97~~ 97-
~~, ~9~7-M~ 97-~7-~ 97~1-~ 97-$1~~
97-11~F~ 97-2191-~, 975~ 97M20~-~ 97-7~~
97~~, ~1~12-~, 97-1629~ 97-7~7-~
97-337~MMA, 97-3~7~, 97-357~M~, 97-9a79-M~ 97-777~
97~08~M~, 97~7~M~, 97~1-~
2)
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION A~.
DIRECTED.
OTHER CONSTITUTIONAL OFFICERS
L COUNTY A'VTORNEY
I)
Recommendation that the Board of County Commiaaioner~ aa ex-officio the
gover'alng body of the Collier County Water-Sewer District approve the
Stipulated Final Judgment r~lative to the ea.~ment acquisition on parcel nos.
702, 703, 902 and 903, Wayson Underground Utilities, Inc. in the lawmlt
entitled Collier Count)' v. W'dliam A. Kinsley, ~. aL, Case No. 96-1315-CA-01-
DRNL (North County Regional Water Treatment Plant g-MGD Wellf'~eld
Expansion Project).
j. AIRPORT AUTHORITY
17. ADJOURN
!NOUIRIES CQti~ERNING CHANGES TO THE BOARD'S AGENDA SHQULD BE MAD£ TQ THE
{~0UNTY ADMINISTRATOR'S OFFI(~E AT ?7.b. SaSa.
March 17, 1998
dGENDA CHANGES
M.~RCH 17. 1997
B~ARD OF CO~ COM'M!_..V. qlOIVEI~' MEETING
ADD: ITEM 7(B) - HOWARD E.' RICE, SECRETARY OF THE MARCO
LIONS CLUB REQUESTING A WAIVER OF PERMIT FEE. (STAFF'S REQUEST).
ADD: ITEM 8(BX2) - APPROVE THE ACQUISITION OF SERVICES ~ARY
FOR THE DESIGN AND CONSTRUCIION ASSOCIATED WITH TH~ DREDGING OF
CLAM PASS PRIOR TO MAY 1, 1998. (STAFF'S REQUEST).
CONTINUE ITEM 12(B)(I) TO 3/24 MEETING: PETITION PUD-97-18, REQUESTING
A RET~NE FROM RMF-6, RMF-12(6) AND R_MF-12ST(6) TO PUD TO BE KNOWN AS
THE DUNES PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED ON THE
NORTHWEST CORNER OF 111TM AVENUE NORTH (BLUEBILL AVENUE AND
VANDE~T DRIVE. (PETITIONER'S REQUEST).
CONTIHUE ITEM 16(AXT) TO 3/24 MEETING: APPROVAL FOR RECORDING THE
FINAL PLAT OF "GLEN EDEN, PHASE ONE". (STAFF'S REQUEST).
March 4, 1998
COLLIER COUNTY ADMINISTRATOR'S
OFFICE
3301 E. TAMIAM! TR.
NAPLES. FL 34112
(941) 774-8383
FAX (941) 774-4010
A CERTIFIED BLUE CHIP COMMUNITY
Mr. Alfred Luckerbauer
9 E. Pelican Street
Naples, Florida 34113
Re: Request for Public Petition - Isles of Capri Advisory Committee
Dear Mr. Lucl.:erbauer:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of March 17, 1998 regarding the above referenced subject.
Your petition to the Board of County Commissioners v-ill 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 ofyour concern and the need for action by
the Board at a future meeting.
]'he meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor ofthe
Administration Building (Building "F') of the government complex. Please arrange to be present
at this meeting and to respond to inquiries by Board members.
Ifyou require any further information or assistance, please do not hesitate to contact this office.
Very truly yours,
County Administrator
RFHbp
County Attorney
Support Se.,'vices Division Administrator
Co tier Couq~y Admin slra~of
...~0, T .... i ...... fa,,
Naples, FL 34112
~I~,,S of C3pd. FI3~es. FL 34113
Tel/fa=: 941-642
Fet:.uary 1.3. 1998i.' .... .~ ' '-'~
Dear M:. Femrndez.
as a foliow up from our col~versation on Feb. 17'"'. I would like [o make a request [o speak at Ihe
meeting of the ColLier County Board of Commissioners on March 3'~ 98 to present a pubic petition on
the subject: ISLES OF CAPRI ADVISORY COMMIT'TEE.
As a resident and laxpayer of isles of Capri came to my attention the process of contracting our distdct
v~th Ea~ Naples. My research and the attendance of all public meetings of the ad'vi.sow committee
irrd~cate severa~ violations, which are under investigation.
This advisory committee, appointed by Ihe board of county commissioners (Sec. 122-60-3)
demonstrated to me and to the public a destructive interference with the day to day operation of our fire
District and the recruitment ar,'J training of our volunteer fire fighters.
Please admi!, several people to speak and r. resent the evidence on this issue.
I would like to approach the Board and request I~e appointment of new members of lite
advisory committee.
I beiieve the o¢,co;'ne of this issue could impact any future decisions regarding the Isles of Capri fire
district. I can be reached at the address and phone number on this letter.
Sincerely .
. A~red Luckerbauer
MARCO ISLAND LIONS CLUB
P.O. BOX 173 , MARCO ISLAND, FLORIDA ,33969
COLLIER COUNTY CC~MISNERS
~arch 10, 1998
MAR 1 !
Board of County Commissioners
Dear Sirs,
The ~arco I~land Lions Club will be holding our annual pancake
breakfast April 4 , 1998. The funds are used by our Lions
club to help local peoplewho are in need of glasses or have
other eye problems. We are a completely not for profit organization
and work at a local level helping people.
We will be holding the breakfast April 4, 1998 at the Bavari~
Inn, located at 960 Winterberry Drive. We will be using our
~obile cook trailor.
Collier county has a 75.00 dollar permit fee for this type
of outdoor function.
The ;6arco Island Lions Club would like for you to wave this
fee as we are a community service organization.
Thanks for your consideration.
Very sincerely yours,
'Howard E. Rice
Secretary
Howard E. Rice
1283 Treasure Ct.
Marco Is. FL. 34145
Telephone 9413892903
EXECUTIVE SUMMARY
STAFF REVIEW AND RECOMMENDATIONS RELATIVE TO ORDINANCE 92-82, AS
AMENDED, ALSO KNOWN AS THE GOLDEN GATE HEALTH PARK PUD, WHICH,
ACCORDING TO THE REQUIRED PUD STATUS REPORT SUBMITTED BY TtIE
PROPERTY OWNER/AGENT, tlAS NOT COMMENCED CONSTRUCTION, AS
DEFINED IN SECTION 2.7J.4 OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE, RESULTING IN SEVERAL POSSIBLE COURSES OF ACTION FOR THE
BOARD OF COUNTY COMMISSIONERS TO CONSIDER.
Staff is requesting that thc Board review staff's findings and recommendations regarding the
above referenced PUD.
CONSIDERATIONS:.
This PUD was originally approved on October 27, 1992. Section 2.7.3.4 of the Collier County
Land Development Code requires that the project developer submit an annual report on the
progress of development, commencing on the fifth armiversary of thc PUD approval by the Board
of County Commissioners. The singular purpose of this report is to evaluate whether or not the
project has commenced in earnest in accordance with the criteria set forth in Section 2.7.3.4. The
conditions set for'th in Section 2.7.3.4. are applicable as of October 27, 1997.
The above referenced PUD has been identified as a project which was approved and which has not
commenced cor~.struction as defined in Section 2.7.3.4. Staff has utilized thc required PUD status
(monitoring) reporL suppiemented by field observation and review of in house records to verify
the current status of the PUD and as the basis of a recommendation to the Board consistent with
the options provided in Section 2.7.3.4 (1) & (2). Section 2.7.3.4 reads as follows:
2.7.3.4.
Time. Hmits far approved PUD master plans. In the event that a PUD
ma~ter plan is given approval, and the landowner(s) shall:
Fail to obtain appro~,al for improvement plans or a development order for
all infrustructure improvements to include utilities, roads and similar
improvements required by the approved PUD master phrn or other
development orders for at least 15 percent of the gross land area of the
PUD site every five years of the date of approval by ttte Board of County
Commissioners; and
Fail to receive final local development orders for at leatt lS percent of the
total ~tumber of approved dwelling untt.~ in the PUD, or tn the cate of
PUD, consisting of nonresidential uses, 30 percent of the total approved
gross leasable floor area within the PUD every
aFproval by the Board of County Cmnmissionera
MAR 1 7 1998 MAR 8
:.
PROJECT~
--crr'r LOCATJ, ON
.i
PROJECT:
APPLIC,~J',i'r:
GOLD'?N GATE HEALTH PARK
GOLDEN GA'rE INVESTMENTS, LTD,
~ILSON, MILJ.,F.R. BAP, TON & PEEK. INC.
:EMBER
The project developer shall submit to the Planning Services Director a
status report on the progress of development annually commencing on the
fifth anniversary date of the PUD approval by the Board of County
Commissioners. Tire singular pur£ose of the report will be to evaluate
whether or not the project has commenced in earnest in accordance with
the criteria set forth above.
Should tlre Planning Services Director determine that the development
has commenced itt earnest, then the land shall retain its existing PUD
approval attd shall not be subject to additional review and consideration of
ttew development standards or use modification.
Should the ?fanning Services Director determine that the development
has not commenced in earnest, then upon review and consideration of the
report provided bp' the owner and an)' supplemental information that may
be provided, the Board of CounO' Commissioners shah elect one of the
following:
To extettd the cttrrent PUD approval for a maximum period of two ).ears;
at the end of which time, the o~vner will again submit to the procedure as
de. fin ed h er,in.
Require the owner to submit an amended PUD in which the unimproved
portions of the original PUD shah be consistent with the Growth
Management Plan. Tile existing PUD shah remain in effect until
sttbsequent action by the Board of the submitted amendment of the PUD.
If the owner fails to submit att amended PUD within six months of Board
action to require such att amended submittal, then the Board may initiate
proceedings to rezone the unhnproved portions of the original PUD to an
appropriate zoning classification consistent with the Future Land Use
Element of the Growth Management Plan.
I): the case of developments of regional impact, time limit restrictions shall
be saperseded by the phasing plan and/or time limits contained within the
application for development approval and approved as part of a
development order in conformance with F.S. ~ 380.06~
Synopsis of Approved Land Uses: This PUD was approved for two hundred eighty (280) mixed
residential dwelling units, and 289,000 square feet of medical and medically related us~s including
a 100 bed hospital. The gross density for thc residential portion of the PUD is ~ven (7) dwelling
-- ~ t · ·
Coll$is~encv with Compr~h_ensive Gro~ah Manaeemen:
GMP. Hospitals
urban residential on the Future l..aad Use Element of th _
medical and medical support office space. Based on staff review of the approved land uses, the
PUD has been determined to be consistent with the Collier County Growth Management. The
PUD is deemed consistent with the following GMP Elements (FLUE, Traffic Circulation Element,
Open Space/Natural resource Element, and Other) applicable elements.
Consistency with the Collier County Land Development Code: The PUD has been distributed
to the appropriate jurisdiction review entities specifically for review of the PUD for consistency
with current land development regulations. Based on that review, the following inconsistencies
have been identified:
Transportation: (Traffic impacts, access management, etc.) Currently, development stipulations
leave to the discretion of the owner entity of this property at the time of development whether or
not they wis.h to connect the development to an east/west undeveloped County road easement. In
the event they do then th:y must pay for a proportionate share of the cost of developing the road
from the point of access to C.R. 951. The County fight-of-way easement has the potential to
provide a continuous east xvest right-of-way from Santa Barbara Boulevard via Recreation Lane to
C.R. 951 which could very well function as a major collector road particularly in the absence of an
interchange at Santa Barbara Boulevard and 1-75. These issues were raised when the PUD was
first approved. Staff is of the opinion that this matter should be reviewed again to require
interconnection to the County access easement and development of said easement from the point
of access to C.R. 951. Any amendment to this PUD should require these improvements to be
made when the residential portion of the PUD is developed.
Landscape: (Buffers/Green Space) Provisions in the PUD require compliance with LDC
requirements for landscaping and open space prese~,ation.
Environmental: (Protected species, green/open space) Environmental staff has recommended
certain revisions to the PUD to assure compliance with current regulations and to provide updated
environmental information.
Engineering/Site Development: (Sewedwater, drainage issues) Engineering stipulations relative
to sexver, water and drainage are appropriate for current conditions.
PLANNING ASSESSMENT: The PUD text (Section 2.6 Project Density) and the Master Plan
are somewhat confusing in the sense that the ldaster Plan lacks the degree of specificity required
to assure that the area for determining the amount of housing units is 40 acres as advised at
Section 2.6. the PUD regulations provide for capturing the full amount of the available number of
dwelling units per acre, namely seven (7) for the alleged forty (40) acres of residentially
designated area, which allows 280 dwelling units..
Thirty-four (34) acres of the total area is designated for a 100 bed hospital (i.e. 105,000 sq. ft.) and
289,000 sq. ft. of medical offices and related commercial space). In the opinion of staff some of
the uses stretch the envelope intended for medically related uses particularly in stand alone
conditions, such as drug stores and proprietary stores, medical equipment rental an ~,-'--; .....:---: "
services professional memberships, restaurants, con feet i o! ely s..~iF s t6'rt ~~~
dealers and newsstands, accident and health insurance, peru ion a~d,~d w~
~AR 1 ? 1308 mm~.n~o
Revisiting the PUD in the form of an amendment will provide an opportunity to reass~s land uses
and their intensity and density of development as well as update development stipulations.
FISCAL IM.P_.ACT;. An amendment to this PUD, as recommended by staff will have no fiscal
impact on Collier County as the appropriate PUD amendment and other applicable fen will cover
the cost of staff time associated with review of said amendment, and the cost of' advertising and
public notice.
STAFF RECOMMENDATION: Based on a comprehensive review of this PUD document, staff
recommends that the Board of County Commissioners direct the property owner/agent to return to
the Board within six months with an amended pLrD, addressing the items noted in the attached
resolution.
PREPARED BY:
CHIEF PLANNER
REVIEWED BY:
DATE
ROBERT J. MULHERE, AICP DATE
CURRENT PL,~2qNING MANAGER
A. CAUTERO, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
IlEAl. TH PARK SUNSET EX SUMMARY/md
-4-
I AR 1 7 1 98
r-- c--
ORDTNAHCE H'O. 92-~
co ,
~~ ~OSPIT~ ~D ~S~IAT~
AP~OX~T~ xsoo ~z~ ~o~ or
NOR~ 1-75 ~, ~T~ IN SE~ION
~EHIP 49 SO~, ~IGE 26 ~ST~
CO~I~ CO~Y, ~RIDA, CONSISTING OF
74.23 A~ES~ ~D BY PROVIDING
EFFE~IVE DATE.
W~RFJtS, Golden Gate Investments Limited, Inc., through
its representatives Barbara Cawley ~f Wllso~=Hiller, Bar=on
& Peak, Inc., and Donald A. Pickvor1:h, petitioned =he Board
of County commissioners =o change the zoning classification
of the herein described real prope~y;
NOW, T14EREFORE BE IT ORDAINED by =he Board of County
Commissioners of Collier County, Florida:
The Zoning Classification of the herein described real
proper=y located in Sec=ion 34, Township 49 Sou=h, Range 26
East , Collier County, Florida,is changed from #A# =o "PUD"
Planned Uni= Development in accordance with the Golden Gate
Health Park PUD Document, attached hereto ae Exhibit "A# and
incor~oraKed by reference herein. The Official Zoning Atlas
Map Nu~r 9634N, as described in Ordinance Number 91-102,
=he Collier CoUnty Land Develoe~en= Code, is hereby amended
accordingly.
r-- { ·
This ordinance shall become effective upon receipt of
noticu from the Secretary of State that this Ordinance has
been' filed with the secretary of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this ~7'4~_ day of
MARJ0k~IE H. STUDENT
ASSISTANT COUNTY ATTORNEY
PUD-92-4 ORDINANCE
~b/7593
1998
GOLDEN GATE tlEALTH PARK
A PLANNED UNIT DEVELOPM~F-.NT
Prepared By:
Barbara Cawlcy, .,~dCP
Wilson. MiDcr, Bu'~m &Pcck, Inc.
3~0 Br~lcy L~nc
Naplcs, Floridz 3]942
A.PPROVED BY CCPC: $¢otcmb~r 17. 1992.
APPROVED BY BCC: Q~-~o{;xpr 27, t992
ORDINANCE I'.FO'I,4BER: 9 2- 8 2
MAR 1 7 1998
PO._ ~;~ --o--.
r'-- r'"-
TABLE OF CoN'rENTS
List of Ex/~ibirs
Sta~ment of Compliance
Sec~on i - Pn:)perty Ow~ersh.ip md Legal Description
$~ion II - l:~roject Development
Se.~on ITt. Zone A - Hospital, Medical Center,
Medical-ReNal Office/Re~i.I
Section IV - Zone A.B - Merllcal. Relamd Office a.nd
Group Hou$~g
Section V - Zone B - Re$id~nfia.I
Section VI - O]~n Space A. reaz
Sec~on VII - Development Commitments
Exhibiu
Table I . Ph~ng Schedule
Table 2 - Development $tanflar~, Zone B Residential
Page ii
Page [ii
Page I-I
Page 12.1
Page III-1
Page IV.I
Page V-I
Page VI.I
Page VII-1
Page E-I
Page II-3
Page V.4
1998
LIST OF EXHIBITS & TABLES
Er2~ibit A PUD Master Pla~
Ex. bit B - Aerial Pho~ographA~cation Map
Exhibit C 1 - Topogrzphic Map
~bit C 2 - Vege~o~So~s
~bit D ' ~~ Wa~gcmcnt ~
~bit E - ~mu~ Se~s Map
~bit F S~ey .
Table I - ~Mg Sc~e
Table 2 - ~l~ment ~,
~ne B ~si&nfi~
ii ~ '
eRR :~ 7 lgg8
STATEMEN"T OF COMPLIANCE
The purix~se of this scion is to express thc ~tu'm of Naples Communi~ Hos'pi~.l. Inc.,
Gokkn G~ invcsu'ncnts. Limiu:d, hcr,:irai%r r~ferr~ to as thc Developer. ~o cr~a~ a Pl~'med
Urfi~ Developmcm (PUD) on 74± ~r~s of l,xnd loc,_~_~ in Section ~4. Township 49 Sourly. R~n~
2t~ East, ColLi~ County, Florid~ Th~ n~ne of this proposed Projec~ ~ be GOLDEN GAT]~
HF.~.TH PARK. The development of GOLDEN GATE HEALTH PARK ~ · PUD will be ia
compliance wi~h ~he pla~.ning goals arid objeclives of Collier Cotm~ as r~ for~ in the
M~nagemcnt Pl~n. The ck:velopment ~ be consis'~n~ with tho ~ policies ~ld ~
ch:velopme~t r~g~.i:ions ~dop~d ther~u.nder of the ~ ~,~lg~men[ Plxzl Fumr~ La~d U~
F.2eme~ ~nd o~her ~ppllc~ble reg~d~ions for t~ followin~
1. The subje~ prelim! i$ wifl~in thc Urban Mi~d I.I~ Dis~icl. as id~nfi/ied on du~ Fu
La~ Use Map as rvquirrd by Objective 1, Policy 1.1A of thc Futurr Land Use Elem
2. T~e subjec~ Frop~r~ is in the Urban Rr$identizl ~ub-distr~ of the Furore Land Use lv~p
whcr~ the majoriD, of thc population growth and new in~:nsive land uses ~e intended to
local.
The hospiu. I/medical center use of subject p~'cel complies with thc non-r~sidenti,xl use in
Urban Mixed Use DLsuict because it is considered an essential service ~s clefmed by th~
Land Development Code. The medical r~la~ci uses ~ therefore consistent with thc Fumr~
Land Use Design·zion, Description Section since they will be co. mattel either concurrcafly
wi~ or subsequent to, the construction of thc hospit, al/medical cen~r use md fl~y will
be located within 1/4 mile of · hospital or · medical center.
The Project will rcsuh in an efficient ~ economical extension of communi~ facilirles
se.,'~es, as requiz~d in Policies 3. I.H. ~ 3.1.]- of d~ Futur~ Land Use Element.
The Project is in compliance with Policy 5.1 of the Trail'sc Circul~on Element since k will
not significantly impact · roadway segment ~r~ady opcra:ing and/or projected to opemt~
within one year at ·n unacceptable level of service.
The Projecx is in compliance with the goals, objectives and policies of the Conservation and
~ M,~gemcnt Element.
7. Th~ Project is compatible ~ complemcnue, ry to existing and future surrounding land uses,
as required in Policy 5.4 of the Futur~ Land Use Element.
The Project is designed m incor
by the Land Det'elopment Ccx$
Public Facilities Element.
9. Tlxe G~up Hou~tn~ in thc Project is compafibl~ with l%licy ~.8 of tl..e Fmut~ Land Use
Element. '1'~ Pr~je. gt is locat~ in th~ UVoan Designated A~x of th~ County andt thc
~ dettsity doe~ not cx__re~__ thc permitted density of 26 urdts per ac~.
10. The proposed density of ? traits per g~os$ ac~ Ls consistent with the number of units
allowed under the d~nxity rating system of the Futur~ Land Use Element. This lamject is
perrnit~i · base deasity of fo~ (4) dwelling traits per gross acm and a bonus density of
~ (3) u~it~ p~r g~'o$$ ac~s for being locau:d within one mile of an Activity Center.
I AR ! 7 19 !8
SECTION I
1.!
PROPERTY QWNERgHI~ t~ND LE(~AL DF_~(~RIPTIQ~N
1.2
1.3
The purpose of this Section h ~ set forth t~ location and ownership of the property,
mci to ~scribe the existing conditions of the property proposed to be developed uncl~
the n~.me of the Golden Ga~ Health ~
Pm~tv Ownership
The subject propem/is c=rently owned by Golden Gat~ tnves~nent, limited, 3451
Boniu Bay Bo~evard S.W., Suit,. 202, Bonit~ Springs, FL 33923 (hetein~t~' r~fen~d
~ ~ 'Applic~t" or "Developer").
The subject property is described ~s follows:.
Legal Descripff. on as furni.shed
(Deed. O.R. Book 826, Page 89 & 90)
Thu portion of the North I/2 of the Northeast I/4. et' Section 34,
Tow·skip 49 South, R~ge 26 ~ lying North of the '60 ft. e~emcnt
known as Access Road #2 said e.~sement being described as follows:
COMMENCE at the Southeast corm~ of the N.E. 1/4 of said Section 34,
Township 49 South, R~nge 26 East; thence, run South 88*48'27" West,
a ctis~,x:e of I00.01 feet m th~ We~u:rty Right of Way Line of C.R. S-
951; th:ncc. North 0°29'15" We~t, along said Right of Way lLne. ·
cLLstance of 1.355.48 feet for the POINT OF BEGINNING; thence, South
g7',~2'$2" West, a distar~ of 2~31.44 feet: th·ace, North
West, · disc·ce of 60.03 feet; thence, North 87*42'52' East, · distance
of 2~31.28 feet; thence, South 0*29'15' Fast, · distance of 60.03 feet
to the POINT OF BEGINNING.
The E~.st I00 feet of the above described propem/is except, x1 from this
conveyanc~ said E~t 100 feet l~ving been previously conveyed to the
Stale of Florida by special Wtrraaty Deed dated July 8, 1957 a~d
rr. cord~ in the recon:ls of the Clerk of the Circuit Court in nad for
CoUier County, Florida in OR Book 13, Page 77. This conveyance is
also subject to road right-of-way easements, dmirtage easements Md all
other easements, restrictions, ~ reservations or
1.4
1.5
Generul Description of Property At~n
The gener'~l locadon of ~be subjc~ pmpcm/is as follows:
A. The p~-~.cl of land locau'.xi on ~e w~s~ side of CR-9SI dirucdy sou~h of the Golden
Gate C~al.
B. The sim is curruntJy undeveloped ~nd t~e existing vcgc~fion consists of
woods with palmc.os.
C. The zonin{ classi~ica~on prior to ~h¢ dau: of ~s approved PUD was A.
Shgrt
Thim Ordin~ce shall be known a~ ~nd ci~..d ~ the "Golden Gate Health Paxk Pla.n.,'~d
Un,it Development Ord. h'~ancc".
..
MAR ! ? 1998
2.1
2.2
2.3
SECTION
P.ROJE~r DEVELOPMENT
The purpose of ~J~is scc~on is to del/neatc and generally describe tM pla~ of
development, and its relationship ~o applicable Collier County ordinances.
General Pl~n of Development
h is the developer's intention to create a Health Park with a full range of compatible
and complimentary land uses including residential, medical-r~late4 retail and offic~
a~sist~d con~p'cgarc Uving faciUrics and g~'oup housing, hospital and medical cent'
buildings. These uses ar~ pla,-mcd a.nd in,grated for compatibility to support long rc~m
development of the hospital and health cazc ~ch~ activities. It is thc pm'pose of this
d~-umcnt to provide the rcquL,~.d standa~l~*.and to se['f6Rh guidelines for thc fut~
d~velopmer, t of thc Proiec~.
.Qpmpliance wkh Applicable O~inanc¢$
Rcguladons for development of Golden Gate Health Park sl'~ll be in
with thc contents of this document. AcklifionaUy, se~o~ of the CoLUcr
La. nd Development Code am/~ in effcc~ a/thc
order application sh.all apply m t~ extent that appl~bl~ caMinanees or codes cio
not cord'lJct with de'v~lopment rights and dev~lop~mmt camditiotts co~ in
this document. Wher~ this documem f~ to provide developm~t
provisions of the most similar ~ in the Land Dt'vtl~-,pmem Cod~ ~ apply.
Ualess otherwise defined het~n, or as nctr. tsarily implied by conw. z~ th~
g~mitions of all ten'ns shall b¢ rig same as thc definiticms set forth m thc Laz~
D:velopment Code ia effect al d~ rimg or' t~,i~!n$ pcrm~ app '-Iieam~
Co
All ['mai local dev~, orders for this Project am s~fie~t m ~ ~
Counq~ ^docluam Public Faci~i~ Ordir. m:e.
All coaclitiotu imixa~ nad all gralmic mamml Frgsmm~ ~ resmcmms
for t~ dewalt cfi Gaifca Gag ~ Park ~ ~ Fart
regulations which govern th= mariner ia whic~ dm PUD sim ~ be ~
Unless modified, waived or c~_~ by ~is PUD. d~ ~
tO the development of th~ la~ ~ ct~ II~ PUD.
17
2.4
2.5
Subdivision A pprov a.I
The review and approval of ~I1 subdivisions within t~e Project shall follow the design md
Aevelopment sta~Lu~ ~ renew proced~s in Article 3 of the ~ Development Code
in effect at ~he time of ~velopment approval T~e developer r~serves the right to request
substitution of ~dgn ch,tnges pu~ua~t to Sub-Section 3.2.7.2 LDC to the stznd~'ds set
fcrah in appLb:able mgu~a~ons,
C.
Roads and o~r tn~zsmamne my be either p~btic or private, deper~Rng on
icc~aion, c~:~ty, and d~ign. T~e ~:un'mina~ion ~s to whether a road shall be
pubL'~c ~r I~iv-am shall be ma~ by the developer at the t~ne of subdivision
q~v~ Develo~ shah c~e~.m appmpri,ue associ~ which will be
mspcxisible for mnlm-~i.~,~ the roacts, struts, d.,'nJnage, water and sewer
improv~menu where rac~ syskm~s are not dedicated to the Comity. Standards for
roads shah be in compli~n~e with the ~pplicabie provisions of County Code
r~'guJJJ~nI subdivisions, u_~Je_~_~ od,.erwise approved a,s an exception during
subdivision approv'4L Developer reserves the right to request substitutions to
Coc~ d~l~n standm~ in ~_._-._-~-Ga,nce with Section 3.2.'/.2 of the Land
Development Code.
II . q
MAR 1 ? t998
TABLE, 1
F.~MATED ^BSQ~'.P'nON SCH~DUL~
Yc~r Medical OfficcfRet~Ll l~.esid~nti~I Hospital J Medic.! C~n~r
(Squaxe F~t) (Units) B-,~ls or Squ~re FeetJ Squ~e feet
! 14,000 s.f.
2 J 30.000 63
3 20.000 70
4 20,000 70
5 20.000 70
6 20,000 50 beds~65.000 s.f. .
8 20.000 50 bects/40,O00 s.f. -
9 20,000
I[-3
MAR 1 7 1998
, MAR 1998
r--- ["--
2.6
proi¢ct Density.
Thc toter lc~agc o[ thc Gol~cn GI~ He~th P:u'tc is lpptoxima~cly '/~,+_. Kris. Thc non-
rcsi~nti~ uses occupy approximucly :34 ~c~s a~t am set for~s on ~e PUD Muter
Pla~ ~bit A. ~ msi~nu~ us~s r ~ ~
' ' ~3 U~ ~S BOt CX~u us~ ~
~C0~S ~O ~C ~ Of hOUS~ p~ On ~h p~ci of 1~
2.7
2.8
2.9
£.~¢mcnts fgr Uritirie~
All n~cessary cucmcnts, d~Licafions, or othe~ insrrumcn~"s~all be granted to insu~ the
conri~ue, xi oi~ntion ar~ mainten~nc~ of all scndc~ urilif~s ia compli~ncc wi,h
~ppllc~blc regulations Ln effect at the time approvals ar~ requested.
~L~m:~orgrv WaS~wa~er TppatrnCnl ~lanu
Thc location z~t opcnttion of th~ tcmpor~ry wuucwa~ct trcatmcnt plan shaG be in
compLLmcc wiuh thc ~pplica.blc sections of thc Collier County land Development Cod~
~ Samitary Scwcr tP. cmcnt of the CoBicr Counp/ Comprchensivc Plan and Florid~
Dcpa:tmcnt of Envbonmcnt~ Rcgu~tLo~ ttguls~ior, s.
A~ depic~l on the PUD ~ Plm, Lz~s ~ ~u p~min~y si~ ~ g~ of
~s ~ P~ is ~ ~ ~ ~ acs~c c~ for ~ ~c~ ~o ~it
~ ~ of ~ 1~ ~ ~ i~ ~c cfficic~ of ~ ~ m~gcm~t
~l~mcnt ~ may ~ ~ ~ ~ zPP~ ef ~c ~ufl~ ~.
A~ off-s~ ~flg ~ i~ng f~fics shall ~ ~signcd in ncc~cc ~
Di~s~n ~3 of ~ ~ ~l~cnc C~
2.12
MAR 1 7 1998
2.13 AmendmenTs to PUD Document or pl~,tD Ma~ter P13n.
Amenc~rnenu may be mille to the PUD ~s provide4 ia A.~cle 2, Division 2.7. Section
Z7.3.5.1, of the Coll~er County ~ Development Code.
2. t4 Limitations ,Of Planed UnR Devciooment Apprgval
As provicl~.4 for within Arricic 2. Division 2?. Section 2.7.3.4. of the Collier Coumy
lo.nd Development Ccx~.
2.15
Pollin~ Places
PoLEng places shall be proviflcck in accor~xacc with Article 3. Division 3.Z Secfic~
3.2.8.3.14, of the CoRier County Land Development Code.
2.16
fqdD Monitoring -~_... ~
An annuzl mordtoring report shlU be submittal pu~u~t to ,Auxicle 2, Divisioa
Section 2.7.3.6, of thc CoLlier County Lind Development Code.
2.17
~ provisions of Arricl~ 3, Division 3.3 of the Collie' Cotmty ~ Development Coc~
sh~JLl apply to the ck-v~lopment of plaue4l tracts or pazr4:ls 9f land prior to t/m issuance
of ~ bulking pcrmit or other ck-a,~ioip~nt ortlc~.
2.18
Development within ~ Project shall be subject to all lavWuLly adopted Lmpact fc~
g~rupria~, for e.~ch la.ad u~e in effect at the rime of development
2.19 A~r~'v SuriWictio~
TI~ Applicant has co~__,__,,:~fl sim inspections wid,.i.n tJ~ U.S. Army Co~s
~t~ ~ Dep~-uuc~ of Envinxu'ncu~ Rcgulafion, ~xl ,.he Sou~h Florida
lVL~r~ent District. Them a~_~ have confu'mcd that the size coat:fins no wctl2f'4s
2.20 D~ic~.tign .ar~ Maintcnan~ 9f Facilidg$
The Developer shall c-~.at~ appropriam homeowner or property owner assocuuons which
will be n:sponsible for m~nuJning fl~c ro~$. strecu, drainage, w~cr and sewer
improvements when: such systems ~m not dedicau:d to the County.
MAR 1 7 1998
SECTION ILl
Z NE A - H SPIT\L MED AL NTER MEDI AL-RELATED OFFICFJRETA
3.1
The pu.~pose of ~ s~cdon is to delineate and generally describe the Zone A plan of
d~velapment, the r~spective land uses included in Zone A. and thc development crit~ia
for Z~ne A.
3.2
Reffulafions for development in Zone A shall be in accordance with the contents of this
d~ctunent-
3.3
P~a-mirt~d U}e~ anit ~a'uc
~ hosp{~, m~ic~ cent~. ~d m~c~-~la~ offi~ u~$ ~ ~n~ A ~
i~n~ in ~is P~ by ~e n~ s~m ~ ~ S~ ~us~ ~ (SI~
ei~ by ~dus~ Group ~ by ~us~ N~. ~ne A ~es ~ ~d ~m
~ p~ipg uses ~ ~ ~ ms. ~ u~ ~s~ ~ ~
~dp~ uses ~ S~on 3.3A s~ ~ ~ ~ ~ne A of ~e P~. P~md
~ uses lis~ ~ S~on 3.3B ~ uses only ~o~ ~ s ~p~ s~
w~ ~e maj~ty of ~e s~ ~ ~upi~ or ~se~ f~ ~i~ p~P~ ~
wamr u~ ~ whole ~ M p~ f~ o~ ~ ~ foBo~ng:
Zone A prin¢ival
5912 - Drugstores ~ PropticmT Stores (Drugston:s and Pharmacies, only)
5~.5 - Op6c~l Go<xis
7352 - Medical Equipment R~ntal and Lea~ing
7991 - Physical Fitne~ Facilities
S0** - Health ~
gOll - Offices md Clinics of Doctors of Medicine
~321 - Offices md ~ of Dent~try and Health Insurance
8031 - Offices md ~ of Doctors of Osteopath)'
~41 - Offic~ and Clizdcs of
S042 - ~ md CErn'cs ef Optome~su
8043 - OiT~c~ s.nd Clinic~ of Podiatris,z
8049 - Ofl'~x~ md Clinics of Health Practitioners
8062 - General Medical md Surgical Hospitals
8069 - Specialty HospitaL~
Ill- !
MAR 1 7 1998
r--' f--- r
8249 -
83" -
8621 -
R071 - MedicM Labo~'.ories
80'/2 - Den~l Labo:'atori~s
8082 - Home He~ C~ Se~iccs
8~2 - ~ey Di~ysis Cen=n
8~3 - S~c~w Ou~z~ent Facili~es
8~ - He~ ~d Alli~ Se~iccs
V~a~on~ Sch~ls (N~in~ Sch~ls - ~c~c~ o~y)
S~ Sc~s
83~ - ~du~ ~d Fam~y S~i~ Sc~ccs
8351 - ~d Day C~ Se~ices
83~ - S~ S~ces
~fcssion~ Mcm~nhips ~enmL Me~c~ & ScienCe Ass~ia~o~
o~y)
g?31 - Co~e~ ~ysi~ ~ Biolo~c~ Rese~ch (Biolo~c~, Chc~
~ Physic~ Re~ o~y)
8733- N~-~mm~ ~h'~m~t'(Biolo~
Sden~c ge~ ~y)
Tem~ Waste~ T~ent
Any other use or service which is compazabl¢ in natu~ with the foregoLn~ us~
and which thc E)c~clopmcn[ Services Director d~termincs to b~ compatible in Om
district.
~ne A Ancilla.rv Uses
5~41 -
5.~12 -
5942 -
5947 -
5992 -
5994-
6321 -
6324 -
6371 -
C2.,~y, Nut znd Confectionery Stor~s
Ea~g Places (Coffe~ shops, grills, lunch co~. s~ch s~
o~y)
B~k S~s
N~ ~ ~ N~wss~
~ ~ ~ Ins~
P~nsio~ ~ ~ Wclf~ Fun~
Any other usc or service which is comparable in nature with the foregoing
and which thc E)cv~lopmcnt Services Db'cc:or dc~rrnincs to bc compatible ia
district
MAR 1 7 1998
3.4
Minir~um Lot Arr~ Tcn thousand (10.000) square feel
Maximum Height: F'~y (50) feet, except ~ th~ maximum hci~ht f~
buildings north of th~ main entry ro~d sh~l be 35'.
Building heights shaJ! be del'reed ~s the vertical dist. ancc measuroc[ from
thc h finished floor to thc ldghe~ point of thc mol sttrfac~ of · ~
or Bermuda rcof, to the deck tine of a ma~$a,'d roof and to thc mean
height level between eaves and ridge of gable, hip and gambrel roofs.
Where rnh',hnum floor elevations in flood prone nz~ lure been
estabtishcd by htw, the building height shn]l be mca~u~d from such
~ minimum floo~ elevations.
M~'num Lot Wid~ Seventy-five (75) feet.
Minimum Yard Setback Rcquh~mcn~:
a. Frc, nt Yn. rd - Twenty-five (25) feet.
b. Side Yard - Fifteen (15) feet.
c. Rear ¥~rd - Fifteen (15) feet.
] 1998
NL R171998 m
[ C-- r---
La. front - Z,cro (0) fee~. providr.,d architeaural bank tr~atraent i$
incorporated into the d~sign, otherwise twenty (20) feet to
elevaUon. Setbacks of I;$$ than twenty (20) fe~t sh~.ll be
spccii'lcally appro~d by Project Review Services with r~$1x:ct to
c. Canal Maintenance Easement - Fifteen (15) fec~.
Buffers - All buffer setbacks shall be measured from plarte~ lot
boundaries. The largest siz~ buffer shall be lecauM on the property
with the most iht:nsc land us~. When the land uses a~ of equal
intensity, each parcel shall be required to provid~ the minimum buffer.
Exm'nal - All external buffer% shall comply wkh thc buffer
provisions of Section 2.4.7 of thc Land Development ~ ~
thai thc minimum buffer bctwccn thc offm~/r~tail usc ~ L~C
adjacent golf cou~c shall be twcn~.4~20) fe~'t
1)
,Minimum buffer between internal offr. e/rcml parcels shall
tm five (5) feet
2)
Minimum buffer bctwecn imcmal hospital parcel and
officeY~il shall be ten (10) tect
3)
Minimum buffer between imernal officedr~ml and SIC
number 8051, 8052, 8059, and 8361 uses shah be fffu:en
(15) fect
4)
,Minimum buffer between internal officrdr~tail p~'~cL~ and
internal fishu-of-way shall be ten (10) feet
1 7 1998
SECTION IV
Z~QNE AB - .MEDI(~AL-REL,~TED OFFICE AND GROUP HOUSING
4.1
~ose,
Thc p~rposc of uh~s r,~cfion is to cicLin~t~ anti ge~y ~ ~ ~ne ~ pl~ of
~elopmenL ~e ~fivc l~d uses ~t~ ~ ~ ~ ~d ~e ~l~ent ~
f~ ~ne ~.
4.2
4.3
Rcg-uJ. a6ons for cb:vclopmcnt in Zone AB shall be, in accord.a,ncc with ~he contents of ~s
doc',.u'n c n L
Permitted Use,$ and Stract~'es.
The med~ca.l-r~l~d office and special-needs housing uses in Zone AB ~rc
tJ~is PUD by ~hc nu~berin~ system in thc St~l.~d Indus~al Ccx~ (SIC') eiliscr by
lndusw! Crroup or by Indus~y N~mbo'. All uses list~l in ~hcse lnd~swy Groups or
In~usm/Nm. nbers sl~ll be pcrmit~xi uses wi~hln ~6s PUD. No building or s~rucmrc.
or pa~ ~he~of, shall be erccwA,
pa~, for o~hcr ~han ~h¢ following:
A. Zone A.B Uses
6321 -
6324 -
6371 -
7991 -
$0'* -
tdAR 1 7
pg. ~._.~_/Z~. _._.
F-- I F---
8069 - Spccial~ Hospitals
g071 - Medical Laboratories
8072 -
8~3 - S~c~ Ou~adent F~e~
8~ - H:~ ~ ~ S~ce~
~249 - V~adon~ Sch~ ~n~ Sch~ls - ~c~c~, only)
8361 - Resi~nfi~
Tempo~ Wastewa~er Tre~em PI~
Any otMr use or service which is comparable in namn: wi~h ~he fort~o~ng uses
~ w~ch ~e Development Se~s D~ ~es ~ ~ compa~ble ~ ~
~s~c~
B. P~'mir~d Accessory Uses ~'~d S~'ucn~es
I. Customa:y accessory uses and s~ctu:~s?';:
Pa~kLng ganges.
Si~s. Ln acco:~lance with Section 2.5 of the ~ Development Code.
C~z:ta. kers residence(s).
Comme~l Eanhmining in accorcLmce w/th Section 7.2 of ~tgs
d~-umem.
Water m~nagement fac~ties; essentizl services, in accord:race wi~h
Set, on 2.6.9 of tJ~ ~ Development Co~.
4.4 Dcvelopm~5~ S ~.,n ~'"d ~
A. MeklJ cai-Related Office
1. Minimum Lot Ar~a~ Ten Thousand (10,000) square feet.
Maximum Hcigh~ Fifty (50) fc~t. c~pt that thc m~imum height for
buildings north of zh¢ ma.in entry ro~ sh:tll I~ 35'.
Building heights shall be defined ~s ~e vertical disc,.ncc measured from
the fa'st finished floor to thc highest point o~' thc roof '-uffaee of a fiat or
Bermuda roof, to th~ dcek line of a mansan~ naof and to the mcan height
r F-- F
level between eaves an~ ridge of gable, hip ~nd g~.mbn~l roofs. Where
rniz~mum floor clcva~ms in floo~ prone a.n~as have been cs~ablL~hed by
law, thc building heisbt ~ be measu.~'d from such ~qu~ m~num
fioo~ elevations.
Minimum L~t Width: Seventy-five
Minimum Y~t Setback Requi~menu:
a. Front Yard - Twenty-five (25) feet.
b. S~ Ya~ - F'ffu~- (15) feet.
c. Rea~ Ya:d - Fff~n (15) fee~
e. Canal Maintenance ~.sement - F~fz~en (15) fce~.
B~ffers - All buffer setbacks sh~U be measured flora planed lo~
bound,vies. The lzrg~st ~ buffer shall be Ioc~xi on thc prope~ wi~h
the most intense Lted ~ When the land uses ~re of equal inmnsity,
e~ch parcel shall be required ~o provi~ th~ minimum buffer.
Exm'n~l - All exmmal buffers shall comply wi~h g~e I:mffer
provisions of Sec~on 2~4.7 of the Lm~d Development Code except
that the m!~rnmn buffer between the officeTgroup housing use
azxi the residential units across the canal shall be twenty (20)
b. Internal -
1)
Minimum buffer between intcm:~l office p;~cels sh~.ll be
five (5) f~
2)
Mirdmum buffer between inzem~l hospil~l peru:el and
office shdl be ten (10) feet.
3)
MAR 1 ? 1998
Minimum buffer between internal office and SIC number
8051, 8052, 8059, and 8361 uses sh;ll be fifieen (15) fee~.
M~nimum buffer bcc~v~en ~memal office pen:els and
[nmrnal righu-of-w~y sh~ll bc five (5) feet
SIC Nurr. bers 8051, 8052, 8059, and 8361 (Group Hous~)
Mdnimum Habi~ble Floor ~ 1.500 ~,quaz~ feet plus 200 square fe~t
1:~ live-in person, be~,L,u',ing with dm ~:venth l~ve-in l:~rson.
Mdnimum Lot Area: 6,000 squa~ feet plus 1,500 squa~ feet per live.ln
per~on, beginning with tl~ seventh live-in-person.
3. Pazking R~ui~-menu: 2 parking spa~'s p~' 5 bc~
No sm:cmrc shall be crtcttA within 20 fret of ~y abu~n~ multi-fataLly
rcskt:nt~l lot or paz~L
No structure shall b¢ crewed ~ithJ~ 2~ fe~t ~f a roa~ right-of-way.
6. Setback from Canal lvta~tc~a~ce Basement: Ten (10) fee~.
'7.
Th~ maximum d~r~ky fo~ the SIC Nuznbcrs 8051. 8052, 8059 ~d 8361
(Group Hous~g) ~u ~ ~ 26 ~a ~ ~ F~cgh ~ of G~
Hous~g, ~e ~ o~ ~u~ f~ge ~o~ ~ ~ p~ject ~ ~
~u~ by I0,~ ~ f~ F~ e~p~ ~ 4 ~a of G~p
Housing uM~ ~ ~ ~c offi~ ~ f~c ~ ~ ~ by
~,~ ~u~ feec ~e m~um n~ of a~s wMch may ~
Landscaping Requiizments: As r~quired in Division 2.4 of thc ~
Development Code, unl~ss othcrwisc stated in this PUD.
MAR 1 7 1998
, po.
5.1
5.2
5.3
SECTION V
ZONE B. RE~IDEN~IAL-
Thc purpose of this section is ~o d~linezm and generally describe d~¢ Zone B pi~n of
d-veloprncnt, the respective h~.d uses incim~ed in Zone B and the devdopmem crimda
for Zone B. Th~ concep~ for thc r~sid~ndal componcm of ~c pmjec~ is ~o provid~
flcxib~ty in r~sid~ntial uses. w/~h flae speci/i¢ character of the r~sidendal use or us~s
to be ~t~rmined by mark~~. condi6ons and by [he specific nztm'c m'~d chaz'acmr of
medical uses d~veloped w/thin Oold~ Gain Hcakh Park. Thus it is important 0.,at
r~sid~nrlal component be broad ~d flexible enough m accommoda~ fl'ds propose. Thg
project pn:sents a unique d~si~n conce~ in daat it affords ~he opportunity for uses of
facilities, or employees, or combina6ons t~emof to t~side in close pmximiP/ to
med/cal facilities. :...
Thc areas desiDnat~l as Zor~e B on ~he M~ster Land Use Plan az~ designed
accommodat~ r~sidenl:ia.l dw~LLin~ units.
P,crrnined .Usei and S~c~u~
A. Zone B Uses
1. Single.family dwellings.
2. Mulfplc-f~i/y dwellings.
Duplexes.
G:oup Housing (in zccord~nce v4th Section 2.6.26, Lin',4 Dcvclopmcm
~).
~us~cr D~lopmem ~ 2.6~?. ~d Dcvclopmcn~ ~.
M~I H~es (in ac~c~ ~ S~fion 2.6.33, ~ ~vclo~nt
7. Child c:u~ centers.
Vol
MAR I 7 1998
r-- F'-- c
8. Any other use which is comparablc L'~ naru~ with the foregoing uses an6
which thc Colli~ Count/plmnin~ Services Manager cm:rmines to ~
compa~blc in ~e ~s~c~
Uses A~ess~ ~ Pe~it~ Uses
1. ~m~ ~c~s~ u~s ~ s~s.
' Z Si~, ~ ~c~ ~ Sec6on 2.5 of ~ ~ ~velopmen~ ~
~lopmenL
4. Non<omme~ ~at laugh fac~s;
5. ~e<i~ ~~g ~;'~c~'~ Section 7~ of~
~ent
5.4
.[~velolpmcn~ S la. ndard$
A.
Table 2 sets forth the d~v~lopment su~tardi for land uses within the Z~r~ B
Residential District
Site d~v~lopmcnt staadards for category 1, 2 and 3 urns as ~cflcctc~ in Tabl~ 2
a~ly to individual lot boundaries; standards for category 4 uses apply to plamai
~.-v~iopment parcel boundaries.
1. Front yard setbacks for the above-~fcrcnced categories shall be mca.sured
· s follows:
If thc pan:el is r~rvcd by a plstle, d County dcdi~tcd public right°
of. way, setback is measured from thc exis~inl[ richt-of-waY lir~.
If thc pagccl is served by a platted privam drive, selbaek is
m~astm:d from fl~ road easement or pm~l line.
If I1~ parcel is stated by a non-planed privam drive, setback is
measured from hack of curb or edge of pavement, whichever is
closer to the str, ictur~
MAR 1 ? 1998
Co
'3.
Standards for pa.,'k~g, landscaping, signs, ~uard houses, enu'anc~ gates
~ o~ !~ u~ n~ ~ h~ ~ to ~ in ~c~ce wi~
~U~ ~ ~ ~cl~mcnt ~ns ~ cff~ zt ~c fimc ~
1~ ~vclopmcnt ~ ~ ~s~ u~css o~ s~ h~.
U~css o~sc ~ ~b~ ~igh~, ~ fl~ ~a s~
lis~ M Table 2 a~ly o~y to p~dp~ s~c~s.
Development staadard~ for the Group Housing units shall bc in
accordance with Section 2.6.26 of thc Land Development Cock: and
development standa~s for Cluster Development units shaU b~ in
ac~ with Table 2 of this document
Accessory Structure Setback - Subjec~ to Section 2.61 of the Land Development
Cod~.
'.~%.
Thc m~.ximum ~nsiry for thc Group Housing units sh~L1 b~ 25 units per
For each Group Housing unit, thc total rcs~k:nfial units aUowcd in tim l:a'ojec~
will bc reduced by .4 of a rcsidm~ dwelling urdc For ex,staple, it 100 Group
Housing units arc provi~ thc maximum total nm-Group HousinI ~cside~tial
units will bc rcd,__-rcd_ 6'cfm 2'/3 uniu to 233 units. This r~o is based on aa
octuiv~lcnea of impacts bcrv, ccn Group Housing and rcsick:ndal units. Tim
maximum number of Group Housing units pcrmirrcd shall bc 200 total units.
No attached single fm~ly homes (no~ including zcm lot line homes) may !~
located bctw~n two dc~achcd sin$1c family homes which a~ lcss ~,n 300 fear
~p~a'r ff t~cy arc pan of d~ sa~c plaru~ block.
MAR ! 7 1998
F'--
TABLE
Z_OSE ~ - a~sr~E
pERM.FFTED USES I SIblGLE PATIO HOMES 1 DUPLEXES/
STANDARDS FAMILY /'ZERO LOT TOWN- MULTI-
DETACH ED Li2~ HOUSES FA~tI.LY
Category I 2 3 i 4
}~n. Lmum Site Area 6000 SF 4500 5F/Lot 4500 SF/D.U. i I Acm
vfinimum Lot Width Imterior / 60' 45' 90' 150'
ML-fimum Lot Width Corner '70' 50' 100' I 150'
Front Ya;~ Setback 25' 25' 25' 30' Wit. h
Setback for
Each Foot
Si~ Y~x~ Setback 7.5' 0 or 5' '/.5' I Same ,.-~
- Y~t
principal&Accessory t
Rc. tr Ya.,'d Setb~k " 20' 15' 20' Same ,,,
'
Principal
i;34sta,'~ be~n Principal 15' lO' 15' 15' o~
SBH,~
Su-ucmrcs ,
Hoar Ar~ Minimum 1000 SF t000 SF 750 SF
4.50 SF
a. F_.fl'tcicncy 600 SF
b. One
~ '/$0 SF
c. Two or morc B~$ , ,
Building heights ,,hall bc ~fmcd ~s thc vcrfi~ diatancc mcasured from the f~t finished floor to t
tfighcst point of thc roof surface of a fl~t o~ Bcrrnud~ roof, to thc dcck line of a m~.nsatd roof ~
the mca, n height Icvc! b~tw~cn caves and ridgc of gitbl¢, hip and gambrel roofs. Whet~ minim,t~ flo
e~vations in flood prone m l~vc bccn established by law. thc tmildinI height shall be meas~
fi'om such rcquLrcd minimum floor ¢Icv~tions.
No building or $~r~ctum shall excc~d a heisht of 35' or 3 habitable storics within 200 fcet of L
norxhcm boundary of Zone B.
SBH - Sum of building heights.
MAR 3. ? 998
!--
SECTION Vl
6.1
The objective of fl~is Section is to set for~ ~he r~gulafions for ~'~s designz~d on
F.x.~bh A Planned Uait Development (PUD) lV~'r Plan, ~s open sp~c~. Open
arr.~z a~ i~clud.~d as a p~'x of fl~ PUD Zone~ A, AB ~nd B; however, ~ey sl~ll
fur~cr I.kniw~d ~n use a~:rzx~g U~ !~ s~on.
6.2
permitied U~e$ and $t~c9~ - O~e. Space Ar~a~
No building or s~c~, ~ P~ ~f, sh~ ~ e~ ~ or u~ ~ lind ~
- wi~r usc~ ~ whole or ia p~ f~ o~ ~ ~c fo~o~g:
A. p~, p~sive ~~ ~, ~w~, ob~don plzff~s.
B. B~i, ~g, h~ ~ ~ ~:.~et ~.~g picm ~ 1~
~ s~ge.
compagblc ~ ~ in~ ~ ~s
6.3
MAR, 1 7 1998
SECT1ON VII
DEVELOPMENT (~O M M ITM EN'r__~.~
?.2.
^. Shouter the South Florid~ Water Ma~gcrncm Dis~c~ or ~y o~her agency,
d~ i~s ~vicw p~ c~ c~ ~ ~ m~ to ~c si~ pl~ or ~n~
~ h~vc it brought ~f~ ~ ~~n~ A~o~ Bo~
A m~cc c~mcnt v~n~ ~n 0' ~A 20' ~ ne~ss~ b~ on ~
s~cy~ pm~ ~c of ~ ~ s~ ~ ~ m ~cr ~ ~on~
~c sou~cm si~ of ~c Gol~ Ge~ ~. ~ cn~ lcn~ of ~ pm~'s
' -- oo~cm p~ ~c. ~ c~cnt s~ ~ ~obs~ ~d ~ssiblc ~ ~c
co~'s m~ ~dpmm~ ~c ~j~'s ~ m~a~cnt ~ m~y ~
l~c~ ~ ~c c~mcnc so lon$ ~ it ~s n~ ~ ~c~ss of m~n~
c~mcnL ~c l~e~on of ~ ~cmcm ~ ~c ~ sh~ ~ ~c~d ~
ap~v~ by ~j~c ~cw S~ccs ~d Bi~ ~ Bu~ p~ m
cons~cdon pl~ ~d pta~
C. A 20 ~L m~n~cc e~mcnc s~ ~ pm~d ~ ~c ~c~ of ci
l~ ~on~ ~ ~ ac~ss c~mcm to ~h l~c.
~sion fgr Off-ibc Rcmovel of ~cn
~ cxcevz~on of c~cn m~ ~d io s~k p~ in ~p~ o~ ~
ma~ccmcnt f~cs ~ m o~ ~i~ wa~ ~cs is ~by
~ ~ncs A. ~ ~ B. ~ ~ ~ or r~'~d6cs ~ ~osc b~
~ons of ~c pmj~ si~ ~ ~h ~t ~ is a s~lus of c~n m~
~cn i~ off-site ~sd ~ ~ h~by ~i~ sub~ ~ ~ ~o~
con. dons:
I. Excave~on a~cs s~ c~ply ~ ~c ~r~on of z
cxceva~on" p~t m Dillon 3.5 of ~c ~ ~clopmcnt ~
m~um of ~.~ ~bic ~.
L ~ o~ ~ of ~ Di~sion 3.5 ~ appliobl~
7.3
^. Prior to fin~l construction plans and pl:~t approval:
l. A gopher tortoise m~=~ement pI:m sh=ll bc submittal ~o ~d~
~ Fresh Wa~r Rsh ~missi~ ~ ~llicr Coun~ ~oj~t Re~cw
VII- I ~ t · _
MAR17199 /
Pp. ~._..~
7.4
MAR 1 7 1998
.o._ ~f -__J
i"'- [
'/.5
amended w~th the stipul=tlon that payment sh~ll occur ar ~h¢ umc oE bu~l~
~it issuance o~ in acco~ce ~[h ~¢ mqu~men~ of ~he Adequate Public
Facilities Division 3.15. of ~e Col~cr Coun~ ~d Development C~e.
Exccp~ in ~c c~ of ~ conn~6on ~qu~ or ~cm~ by ~ovcmmcn~
~u~ohw. when ~c ~vcl°~r conners on¢ of the cut-~-sac's in t~c project
~y county m~ ~t may ~ cons~ct~ on ~ cxis6n~ ~' county
~mcn~ on ~c sou~ si~ of ~e project, hc wi~ bc :cqu~ ~o
sh~ conmbu~on to cov~ ~¢ cost of cons~c~cn o[ that 7o~on o~
c~mcnt used by ~c pmjccL ~v~d however ~=t a f~ sh~ con~bcSon
sh~ only b~ rcqu~d ~ ~ m~ is cons~c~d by [un~ dc~v~
~ssmcn~ or o~cr ch~[cs lc~ atdnst propcmcs in acco~cc
ap~o~cnt of ~nc~a.
Udlidcs
A. Wac: ~s~bu6on. sewage coll~ccion ~d ~.nsmission a~d Mm~ w~ ~or
s~w~gc ~cn~ f~c~6cs m sc~e ~ P~J~ ~ m ~ d~sign~ cons~
convcy~ owned ~d m~ ~ ~co~ce ~ Co.er Co~ ~co
No. 88-76. as ~cn~ ~d o~er app~cable Coun~ ~les ~d ~a~ons.
B. h ~ ~cipa~ ~t ~e ~ U~cs Di~sion ~ ~a~ly supply
w~r to meet ~c con~pdvc ~m~d ~or ~ivc ~ ~at ~
gene~d by ~s pmje~ Shoed ~c ~W ~/~m not ~ ~ s
supply po~ble wa~r ~o ~ ~j~ m~ ~ive ~e pmj~'s w~wat~
~e ~velopment commen~s, ~c ~velo~r, at ~s ex~:nse, ~1
o~ ~ wz~ supply md on-sim ~a~eni face,es ~or ~m~ on-si~
sewage ~ent md ~ f~fies ~uam to m~t t~ ~men~ of
Co,~ ~d ~e Develop, b~ on ~c ~vclo~r, ~s ~si~ns or suc~so~
~ ~y ~ ~m~t f~cs lo ~ u~ ~e ~cmcn~ mu~
Icily sufF~icn~ ~o ~e ~un~, ~ m ~e ~ppmv~ of cons~c~on
for thc pmjec~ ~ ~ ~ co~ce ~ ~e ~q~men~ of Co.er
C. ~ ~ ~ on-si~ w~ ~pply, ~cn~ ~ ~smission f~c~l~ is
~amcs~c ~m~n~ ~ ~on m F~ flow domed n~ ~ ~ ~pprovc~ by
D. ~e ~ cons~on ~.men~s for ~he ~rojcc~'s sc~m~e system
~p~ ~ ~n~ ~e ~d~ ~ cons~c~on of ~he on-si~ fore m~n ~hic~
~li ui~m~tdy co~ ~e pmj~ to ~e f.~ ccn~ ~e f~c~i~es of
~ ~s~ ~t~f'~Y ~ of ~ g5 I. h mus~ ~ in~~ m ~ F~mp
s~on ~ ~pp~ly l~ vnlves m ~it for simple ~cc~on of
pm~'s ~w~e when co~c~on m the Coumy's ccn~i sewer f~cili~es
I AR 1 ? 1998
Pg. ~
1-- i--- r
Off. Site Utilities Improvements:
Waj..._r
Thc existing off-rite wate~ facilities of thc district must be evaluated for
h~lgaulic capacity to serv~ tl~ pr% · and reinforced as requizr, d. if
necessary, consistent -,vith th~ county's Water Master Plan to insu.r~ that
thc district's wat~ ryszm ¢aa hydraulically provid~ a sufficient quantity
of was~r to meat th~ ~ti~ipcw. d clea~m~ of mc project and thc District's
existing committ~
The existin~ off-rite ~gc u.'a.nsmission faciliti~ of ~e DA~ must
~ ou~ ~ ~'~ ~ to ~ ~ cap~
~ c~g ~~n f~cs.
Vll- 4
~AR 1 ? 1998
GOLDEN GATE HEALTH PARK
MAR 1 ? 1998
I
GOLDEN ,ATE HEALTH PAR1<
MRR ! T 1998
MAR I ? 1998
.is.
MAR i 7 1898
:Ili:::
QOLDEN GAT"" HEALTH PARK
.o. :,.,,,,.,
MAR 1 7 19.q8
pg.
l
,
. ll:'I~
,
· ~, ,i Ilk
' l li~ ill,ltl
i~ii~!',
I1 ,Ih ~J~, I
i I,ll,l].',J
A
/
RESOLUTION 98-
A RESOLD~ION BY T~.iE BOARD OF CCL%~Y
CC:~ISSiONERS OF COLLIER CSb,~rT'~f,
FLORIDA, PURSUANT TO SECTION 2.7.3.4
OF ~E COLLIER CO%74TY LAND
DEVELOPMENT CODE AFFECTING ORDINANCE
92-4 ALSO KNOWN AS GOLDEN GATE HEALT/4
PARK PUD, REQUIRING THE SUBMITTAL OF
A PUD ~MENDMENT; ~\~ PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Golden Gate Health Park Pb~, Ordinance 92-4
adopted cn C~tcber 27 , 1992, is sublect t~ the prcv:slcns cf
Sec:ton 2.7.3.4., cf the Land revelcpment Code
for Approved P'JD Master Plans; and
~HEREAS, the Board of County Commissioners has reviewed th~
PUD and has determined that the current PUD Zoning is
inconsistent with certain provisions of the Growth Management
Plan (GMP) and the Land Development Code; and
::OW, THEREFORE BE IT RESOLVED, by the Board of Zoning
Appeals of Collier County, Florida that:
1. The above recitals are adopted herein by reference
as if fully set forth herein.
2. This Resolution shall constitute evidence of
compliance with the review requirements of Section
2.7.3.4 of the LDC.
3. Pursuant to said section of the LDC, the property
owner or agent shall submit an amended PUD to the
Planning Services Director prior to September 8,
1998 in order to cause said PUD to become
consistent with the Collier County LDC.
This Resolution shall become effective i.~nediately upon its
approval.
BE IT FURTHER RESOLVED that this Resolutlon he recorded in
the minutes of this Board and in the records of the Pet/tion for
which ,h. extension is granted.
MAR 1 7 i
This Resolu=ion adopted after motion, second and majority
vote.
Eone this day of , 1998.
BOARD OF CO~TY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, Clerk
BAJ~BARA B. BERRY, Chairman
A~prsved as tc Form and LeFai Sufflzlency:
Mar]o~le M. S=Udenc
Assistant County Attorney
MAR 1 7 '~998
EXECUTIVE SUMbIARY
PETITION NO.C-98-4, GOLDEN GATE AREA CH~dVIBER OF COMMERCE REQUESTING AN AFTER THE FACT
PERMIT TO CONDUC~ THE GOLDEN GATE FRONTIER DAYS FESTIVAL ON FEBRUARY 27m THROUGH
NL~RCH l, 1998, AT THE GOLDEN GATE COMI~,CLINITY CENTER ON GOLDEN GATE PARKWAY:
OBJECTIVE:
Geraldine Gravel of the Golden Gate Area Chamber of Comrmrce is requesting that the Board of County Commissioners
approve an after-the-fact perrn/t to conduct a festival on February 27~ flnxmgh Ma,ch 1, 1998 at the Golden Gate
Con'~"nunity Center on Golden Gate Parkway.
CONSIDERATIONS:
The Golden Gate Area Chamber of Co.unerce ha~ met all the requi~-rm-nt~ of the carnival permit procedures other than
those provided for within their request for waiver of the Caroival Fee.
HSCAL IMPACT:
The applicants request for S200.00 permit application fee has been previously granted in past y~ar~. Should the Board of
County Commissioaers be inclined to waive the application fee, it will be necessa.~ to account for the fee through
general fund Ad Valorem tax dollars..
GROWTH MANAGEMENT IMPACT:
None
RECOMMENT)ATION:
That the Board of Coumy Corrar~ssioners approve the permit to conduct the festival subject to consideration of waiver for
the carnival fee,
RONAED 1~. ~INO, AICP DA
ACTING PLANNING & 'I'ECHNICAL SERVICES MANAGER
REVIEWED BY:
PLA. NI~ SERVIC'F~$ DEPAII.TMENT DIRECTOR
/
~ . , A. A ., .aB,'5~CTOR
COr~M'LrNI'IW DEV. AND ENVIRONMENTAL SVCS.
F/EX SLrMMARY/C-g84
DATE
DATE
1 7 1998
PII. "~-'- -
.NOTE: Please read reverse sid~ copy: Zoning Director
~ef__ore comp~etlnq this copy: Petitioner
~ Copy: (2) County Manager
C_~RNIVAL O_~PERATION PETITION_
PROPERTY O~ER' S NAME:
. ~~~,:.~- ,~ .~ ,..~. ...t,
PROPERTY O~ER'S ADDRESS: ~'~' ~ · ' ~" ' ' /
TELEPHONE:
.,..
THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION.
TION, SEE REVERSE SIDE.)
3.a. 3.e.1)
3.b. 3.e.2)
3 .c. 3.e.3)
3. d. Comments:
(FOR EXPLANA-
3.e.4) 3.e.7)
3.e.5) 3.e.8)
3.e.6)_ 3.e.9)
,,X/ / /
-.:
~-~URE/of ~T'~IONER
DATE REVIEWED by Board of County Commissioners:
Approved: .__ Disapproved:
Conditions of Approval:
~IGNATUR£ OF
MAR 1 7 1998
~PONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS:
Name of event
Address of event
Date(s) of event Hours of operation
Sponsor of event
Address of Sponsor
Person in charge of food service
Phone '
Number of food and beverage booths ,
Estimated number of.~.at~t.enders.~_xpected at the event at one time?__
Number of toilets to be provided:
Portable: Male ( ) Female ( )
Permanent: Male ( ) Female ( )
Describe method of liquid kitchen waste disposal:
Describe containers and method of solid waste disposal (garbage):
Number of solid waste disposal containers provided:
Describe facilities and method of hand washing:
Describe facilities and method of utensil washing, rinsing and
sanitizing:
Source of potable water:
For information and assistance contact:
Environmental Health & Engineering Department (813) 643-8499.
MAR 1 7 1998
3
flAPPLICATION FOR
':f SPECIAL EVENTS
LI )UOR LIABILITY INSUFIANCE
1. [~]"NEW APP. [] RENEWAL APP. '
If Renewal, Old Policy #
AGENCY MARKETING SERVICES
P,O, Box 4! 786
~'T. PETERSBURG, FLORIDA 33743 ~
(81~) ~8~I036
Contact
,~r '--on Judy Amodeo
.: ........ , .... ..... ;--%.-.~.-~Z..,.,.jT,.,.jF,..;o;..,o.;..Z .... . . , . _ .
All questions must be answered fully, Incomplete or inaccurate answers will cause delay in processing and may cause
coverage to be declined or rescinded after issuance. Use "NONE" or "N/A" where applicable. Attach brochure/flyer if
available. APPLICATION MUST BE COMPLETED, SIGNED AND DATED BY A PRINCIPAL OFTHE FIRM OR ENTITY
APPLYING FOR COVERAGE.
---' '' ' ' ...... ~ , , ..... jZ&i--..-;..o.-...... .... :.:.._.:°,.: .... :. .... ,.,.,.,% ..... ,.,.,..,.,
HOURS EACH DAY
2. DATES OF EVENT: From 2/26/9t~ To 3/1/98 Day T'nuI's From 6~Dm To
3. LIMITS OF [] $50,000 [] S100.000 [] $200,CX)0 [] $300.000 Day Fri. From6[:rn To ll[:xn
INSURANCE [] $500.000 [-~ $1.000.000. Day Sat. From[,,]C(::x
Limits apply on an Each Comm6n Cause and Aggregate ~asis.Sun. tN~ - 9[::~T~
~ APPLICANT. Frontzer Days, Inc. dba The Golden Gale Festzvak " .... """'"'"'"
ALL NAMES
(LEGAL & DBA)
£/o C~lden Gate Chamber of Commerce
3847 Toll Gate Blvd.
~aples~ FL 34114
5. MAILING
ADDRESS
6. EVENT SiTE
ADDRESS
;' 7. FORM OF
BUSINESS
ORGANIZATION
hot 115z b'~ 4r Golden Gate Parkway (adjancet to Golden Gate ~n=uty LT..r)
[] Individual [] Joint Venture
[] Psctnership [] Corporation
[] Other
DESCRIPTION
OF EVENT
(Include age of crowd,
type crowd & any
unusual exposure,
e.g.. races, mechanical
rU,. ~.~* p.~. ,! ,.~ad, Corrrmmnity fair wi~ Carnival rides fo
_~xDth$ Qfferinq food, crafts, gamesr displays. Event geare~ ~or £amilies.
Live entertainment provided by both local groups & individuals and a
country singer be_ing hired for one night
rides, etc.)
9. DESCR)BE
ENTERTAINMENT:
# Ye~ Event Held 13
r~cal youth groups to perform (dance, karate, etc), country singer,
If musical entertainment, describe type of music: E] Rock ~ Country;Western [] Pop
~ Other (d,scriD~)
Disco
10. DANCING ALI.OWED? [] YES ~ NO. Size of floor/area __Sq. Ft.
11. T~'PE ALCOHOL [] 'aEER/ALE $ 12. EST]MATED TOTAL ATTENDANCE
SERVED & PRICE I~J WINE $ AT THIS EVENT 15,000 total for
PER DRINK [] -entire
$ ,'
SALES/ I --- ~,.,~1.1.~; ! "'~-- ~./ I i~I
14 LIOUOR LICENSE ~ YES
16, TRAINING REC'D [~ YES
BY SERVERS [] NO
Yes. E,~.olein Beer vendor trains volunteers
17. IS ALCOHOL SERVING [] YES
AREA SEPARATE
FROM OTHER AREAS? [] NO
£xplaFn , ·
has its own booth on fair grounds
18. DESCRIBE SECURITY Armed Collier County deputies patrol d~urin9 entire event
TO BE USED:
19. OTHER ALCOHOL
SERVERS
In addition to the applicant, will Ihere be any other operations serving alcoholic beverages?
[] YES [] NO II Yes. How Many:
20. OTHER INSURANCE: Does the applicant carry General Liability Insurance? [] Yes [] No. Special event lieD.
]/]/98
21. LIOUOR LIABILITY
INSURANCE:
Has the applicant carried Liquor Liability Insurance which covered lhis event in prior years?
[] Yes [] No.
Limit oI Liability $
HAS ANY COMPANY CANCELLED OR DECLINED ANY SIMILAR INSURANCE TO THE APPLICANT IN
THE PAST THREE YEARS? [] YES [] NO /f Yea, Explain
22_ LIOUOR
LIABILITY
CLAIMS
AND
INCIDENTS
23 ADDITIONAL
INSURED
NEEDED?
Has applicant or any owner, partner, officer or licensee incurred any claims or incidents for Liquor Liability
in the past 5 years, whether insured or nol?
[] Yes [] No If yes. how many:. ~ and give detzil&' b~Jow.
(attach separate sheet if more than 2 claims/incidents or need addt'l space):
Is there a separate sheet attached on which claims or incidents are described? ["1 Yes
DATE
DATE OF OF AMOUNT AMOUNT
OCCURRENCE CLAIM' PAID RESERVED
A)
B)
(Circumstances which may give rise to a claim is an incident.)
~ YES [] NO. If Yes. List Name. A~fdr~$$ and RelatiOnship:
Collier Co~nty
3301 Tam/ami Trail E.
~] No
STATUS
DESCRIPTION OF modem. Open
INCIDENT OR CLAIM 0, Closed
34112
.24. ANY OTHER PER. T1N.ENT INFORMAllON OR EXPA,NSION ON. ANY OTHER quEslloN(s):
~,ve?, fz:~..~, aclmissi~ and fe?s paid w.venoors zor right t6 participate. P
;~u~.._~__~td~v,_~_~_~a~,_~r~o~r regular operations of the Chamber of Co~u~_rce IS prc~veo Dy
~uzcu~_~ ~. ~u 1~ odes not ccy~erage ~nls event. -------------
BY SIGNING THIS APPLICATION, THE APPLICANT:
)~ Oe~lifie$ the! the information contained in this application Is true and acCUnlte
~, ~ges lha?f.~he I?sucer iss~S a~quor Llablllly ~ti~ and If I~ Informaft~
CERT1FIC. ATE OF INSUR.~dYCE
P.O.AOORfS$ 3{47 ~DY_~T£ ~ ~].~_S I~C~-DA ,]4114 m-- m
/K~..K:? ~MJP,41£R ~.~O$ OF MSUR~,~Q LIJ, M?S
72~'135193
One F,rl)
Au'to Only
C] D~rec~ Primary
~ ~ Auto
S
2-23-98
4701
MAR 1 7 1998
I
Crump Insurance Services of Florida, Inc.
1211 Semoran Boulevard. Suite 227. Casselben'y. FIo~da 32707
Telephone (4071 57~-4552. In-Slate WATS (800) 678-4552. Telex 71.272706. Fac$~mde (407) 678-4678
Short Term or Special Event General Liability Application
Frontier Days, Inc. dba The Goldeh
4~"J~anrs Name ~=atc
~ngAddress __3847 'T'r-~]lq~t-~ Blvd_
Naples, FL 34114 .
Locaoon Lot adjacent to 4701 Golden Gate
Naples, FL 34116
I entName Collier Insurance.Services, Inc:l
,e~ 2335 Tamiami Trail No., #401
Naples, FL 34103
~}~'OPOS~ EFFECTIVE DATE:
2/23/98 To 3/3/98
Applicant is: D Indiviclual ~ Corporation D Partnership -~ Joint Venture "3 Other(Specify)
LIMiTS CF LIABILITY REQUESTED
General Aggregate $ 1 , 000,000
PRE~UM$
Premtses..Coerat~ons
S
Procucts & Comptetecl Oceral:ons Aggregate $ Exclude(:1
Procluc~.~Com~leteO Operations
Personal & AOven,s,r'~ ;nlucy S ~clud~
L~aCn Occurrence $ 1 ~000~000 S
Damage (any one [irel Excluded
~4eO:r~31 ExDense {any one pe~$onl $ Excluc~ed
Other Coverages. Resmcl~ons. ancot =.noorsements
DeductiVe
$
TOtal
$
F_~mnted a~endance 1 5,000
54,165 in 1997
Esllmateclpartlc~pants 30-35 Ve-n~O~zlmumcapecllTatlocatlonofevent lOt000
C. Detailed description ol even! (allach advertising brochures, flyers, etc., if any) Amusements (rides, game_s, crafts),
entertainment (singer, band, local you.~h groups)t food & beverages
D. Imticate approximate age bracket of public atlendlng event geared for family attendance
'3 Ir.:~oo~ Indicate ~.~etlnq: Reserved % General admt~skan %
_X~ Outdoor~ Have local I'~ dep~rt~'~'ff code~ ~ deten'ntm~ regarding res, room facfliUe~? X~J Yes ;3 No
Have arrangements besn made to comp(y wffh such codea?
30Ye~ '~No
F. Crowd corm'oh Type end a~.'-mxlrr~te number of: 3 Ushare__
I1 hir.~l -.e, ecuMly, are certlflc~l'e~ o! Insurance requlmd? '3 Yes
Dc~3 apl~l¢~S have Worke~l"
~ Pflvate security ~ ~ potk~ a~ ~ Guard dogs,
MAR 1 7 ~998
Applic3nl's exper,ence in conducling event= of this or similar nature (number, dates, etc.)
Thi_____._~s is ~he 14~ e~r for this _e~
j. Will bleacher= or platforms be involve<l? )O',Ye=
Constt'uClion: ~: Wood .~- Steel '3 Concrete
K. I= liquor s~-ved or sold by the insured?
non-profit organizations.
-~ No Typ~: 30~ Portable '') Permanent 8ack and side railing provided? '~ Yes ~ No
Constructed for the
' ~ Age: .-------- ~
Height: __~L~_----- event
~! so. explain Beer booth is mann lunteers of local
The beer vendor trains the volunteers.
Is liquo~ served or sold by others? __se~ above
___~the fesitval for this event
0o they have their own liquor I~ cov~r~?_Liquor liability is purchased
M. Will first aid facilities be provided by applicant? ~ Yes L] No
I! yes. who will be in charge of the facilities? ") 0octors ~ Nurses
N. if applicant i= sponsor, does operator have liability insurance?
~ Other=: (3-~,e-t' volunteers
$ __ ._ Limits ;3 No
Name of company
Have certificate= of insurance been oblained 1rom operalor? '~ Yes '3 No
Hold-Harmless Agreements (/! answer rD I. o; 2. ~$ yeS. attach cc, Dy ol contrac:s.~,
1. Oo~s applicant agree to hold harmtes= any third party? DYe-s ~z/No
7_ is applicant held harmless by others? "'1 Ye= No
; er' ,
3reviou= Insurer: Indicate pr~nium and ID=Se= tot the past three yelr~. D~scrlb~ Ill Io$~e~ LOSSES
CCMPANY
PREMIUM
LOSSES
PAIO RESERVED
OE.~,RIP130~
95 Burlin~on Ins. Co. B0164G400194 1 932. No losses
96 Buriing~.on Ins. Co. B0164G10441 $1,557.15 No losses
~ B.ur 1 i ncr~ on ID_S~~
a ~ oe [s~,Je~ FLORIDA FRAUD STATEMENT
WHG KNOWINGLY AND WIT~ fNTEN?_I'9
APPUC~hN~STA INJURE, O~ ~,~E OR AN APPLICATlUm
STAtEMEnT . .~r..~ ~nMPL~E OR MISLEADING
GLS-AP P.9~ fz.g'2)
-- U,,e:'ORTANT NOT~..E - - -~ ~ em,mm ]
~J,~SwER N.j. QUES"TXbNS -- iF THEY tX:) NOT APP
S~rl Te~rn o~ ~
MAR 1 7 19 8.
Lease ~ OOl
I.IMITED USE LICENSE AGREEMENT
lA.SIlTED USE LICENSE AGREEMENT BETWEEN TIlE BOARD OF COUNTY
CO.XlMISSIO.NERS, COI.LIER COUNTY, A POLITICAL SUBDI~'ISION OF TIlE STATE OF
FL@RIDA A.N'D TIlE GOLDEN GATE AREA CIIAMBER OF COMMERCE, INCORPORATED, A
,NON-PROFIT FLORIDA CORPOR,ATION~ APPROVING Tile USE OF COUNTY-OWNED
PROPERTY FOR TIlE PURPOSES OF IlOLDING ACTIVITIES FOR TIlE GOI.DEN GATE
FESTIVAL (FOfLMERI.Y K.NOWN AS FRONTIER DAYS)
This Limited Use License Agreement entered into this day of
1998 by and betxveen the Board of County Commissioners, Collier Cou--"-'~ty, Florida, whose mailing address i~
3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Board", and the Golden Gate Area
Chamber of Commerce, Incorporated, a non-profit Florida corporation, *,'hose mailing address is 38.17 Tollgale
Boulevard, Naples, Florida 34114. hereinafter referred to ~s "Chamber'.
\V~iEREAS, the Chamber requests the usc of County-owned I~d for the purpose of holding activities for the
Chamber's annual event beginning February 27 through M~rch 1, 1998 in which the procccdx generated will
benefit the community; and
WHEREAS, the Board is willing to approve the use of Coumy-owned land for such purposes;
.x.'OW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
I. ~he Board herein approves the use of County.o'.vned property identified as that portion of Tract 11 $. Golden .
Gate Subdivision. Unit .1, as recorded in Plat Book .5, Page 109, of the Public Records of Collier County,
Flo~da, which lies ,.,.'est of the Golden Gate Community Center on Golden Gate Parkway and eas~ of the Golden
Gate Emergency Services Complex, hereinafter referred to as 'Property", for the purpose of holding activities
for the Chamber's annual exent.
2. The appro,.al of the use of the Proper~y by the Chamber shall extend from sunrise to sunset Febmar?' 26
through March 2.1998. These dates include one (I) day for set.up and one (I) day for take.do:,, n.
3 The Chamber shall monitor, control and assume responsibility for all activities, vendors, licensees, and
invitees associa:ed with holding, of such an event, such responsibility not being limited to trash collection and
cle~n-up of the Property. Board shall not be obligated or required to improve, repair, or maintain the Property or
any pan thereof in any manner
· :. The Chamber shall acquire an)' and all permits required by Collier County :,nd ~y other governmental entity
to conduct such an event and related activities on the Prope~'. The Chamber shall post a Five Hundred and.
No'100 Dollars (SS00.00) cash bond with the Collier County Finance Department to insure adequate clean-up of
the property a~ the termination of this Limited Use License Agreement. It is understood and agreed that this
bond is not intended to replace Chamber's obligation to clean up the ?ropetay at the completion of its activities
under this Limited Use License Agreement. The Finance Department shall return such bond to Chamber if said
Property is cleaned up in a tiraely and proper manner as required herein.
5. Prior to making any changes, alterations, additions or improvements to the Proper~y, the Chamber will
provide to Board, in writing, all proposals and plans for alterations, improvements, changes or additions to the
Property. The Chamber covenants and agrees in connection wi~h any maintenance, repair work, erection,
construction, improvement, addition or alteration of ~y authorized modifications, additions or improvements to
~he Properxy, to observe and comply with all present ~nd future laws, ordinances, rules, regulations, ~d
requirements o f ~he United States of America, State of Florida, County of Collier, and any and all goverru-'nental
agencies. All alterations, improvements, and additions to the Property shall, at once, when made or installed, I~
deemed as attached to the freehold and to have become the property of Collier County ~nd shall remain for
benefit of the County at the end of the term set forth in this Agreement in g good order and condition ~ they
wece installed, reasonabie wear '~nd tear excepted; provided, however, if Board so directs, the Chamber shall
promptly remove the additions, improvements, alterations, fixtures and installations which were placed in,
or upon the Property by ~he Chamber, and repair any damage caused to the Property by such removal.
MAR ? 19 o8 IVI. 8
,,, Pg-.-//~:~
6. Thc Chamber shall provide and maintain general liability insurance policy(les), approsed by the Collier
Count)' Risk Manager, for not less than One Million Dollars and No.'Cents ($1,000,000.00) combined single
hmhs durins the term of this Agreement. Such insurance polic)'(ies) shall list Collier Count,.' as an additional
insured thereon. E,,idcncc of such insurance shall be provided to the Collier Cobnty Risk Manager..~.~01 East
Tamiami Trail. Administration Building. Naples, Florida, 34112, for approsal prior to Fcb,"u~?' t. 1995; and
sha!l include a provision requiring ten (10) days prior written notice to Colhcr County c.'o Count' l:Lisk Manage
in the event oFcancellafion.
This Limited Usc License Agreement shall be administered on behalf of thc Board by and th:ough the
Colticr Count.'.' Real Property Management Department.
8. The Chamber a~'ces to hold harmless and defend Collier County, thc Board of Count'..' Commissioncrs of
Collier County, Florida and their agents and employees, from any claims, assertion or cause of action for any
loss, injury or damage to persons or property arising from or associated whh the C'hambcr's activities or use of
the Property. The Chamber further a~ees to indemnify Collier County and the Board of Count' Commissioners
of Collier Count>' for any costs, expenses or fees, including attomc)s' fees, arising from an)' claims or cause of
act:on for loss, injury or damage to persons or property arising from or associated with thc Chamber's activities
or usc of the Property.
9. Thc Chamber covenants and a~'ces not to assi.~'n this Limited Use License A~ecmcnt or to pcrrait an)' other
p.:rsons to occupy same without the written consent of Board.
The Board resen'¢s the right to cancel and,'or reschedule any or all of the above-describ~ a:tivities,
schcd.led for an)' or all of the abo,,e-lis~ed days, upon I$ days amice to the Chamber of BoaM's ir, tent to
r:schedule and'or cancel.
I 1. The Board and Chamber specifically a~ee that this A~Teement represents a license for the Chamber's use of
O.e Property and does not convey an}' es:ate in the Propert.v or create an.'.' in:crest whatsoever.
12. The Chamber represents and v, arrants to the Board that no hazardous ma:eri'qs ,,,.ill be
d'i.:charged to the air. grounds, sewer, or to a septic s)'stem on the Property.
13 'l'he Chamber shall be responsible for pa.s'in.~ all sales taxes, if applicable, and all other taxes .',.~d char$~l
associated xx itl", or resulting from the holdin.~ of this event.
I-: The sate of alcoho~e p,~rt.v during this event, f To ~';' A~c'~
15 This A~eement shall become effe~ti,.'e upon execution by both the Count)' and the Chamber.
16. This Agreement is governed and construed in accordance with the la~,,'s of the State of Florida.
i'~' XV'ITNESS WHEREOF, the patties hereto have made and executed this Limited Use License
Agreement as of the day and year first above written.
CHAMBER:
THE GOLDEN GATE AREA CHA.MBER
OF COMMERCE. I'NCOP, POR. ATED
GEOI~E DROBINSKI, President
AS 30 THE BO.-~'):
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as Io form
and legal sufficiency:
Heidi F. Ash~on
Assis:ant Count)' A~lorney
BOAR~:
BOARD OF COUN~'Y COMMISSION"ERS
COLLIER COUNTY, FLORIDA
BY:
BARBARA B. BERRY, Chairman
MAR 1 7 1998
Permit No.
PEPJ~.IT FOR CARNIVAL EXHiBiTION
STATE OF FLORIDA :
COUNTY OF COLLIER:
WHEREAS, Golden Gate Area Chamber of Commerce, has made
application to the Board of County C¢~issioners of Collier County,
Florida, for a permit to conduct the Golden Gate Frontier Days
Festival; and
WHEREAS, Golden Gate Area Chamber of Com~.erce, has presented to
the Board sufficient evidence that all criteria for the issuance of
Fermit to conduct a carnival or exhibition as set forth in Cha~ter !0,
Article il, A.~usements and Entertair~ent$, of the Collier County C:de
have been satisfied and that such carnival cr exhibition will
conducted according to lawful requirements and conditions; and
WHEKEAS, said Golden Gate Cham~er of Co~T. erce, has requested a
waiver of the Carnival Fee; and
::Ow, THEREFORE, THiS PEP~i? iS HEAEBY GPANTED IO Golden Gate Area
Charber of Cor.~erce tc conduct a carnival or exhibition on February
27th threugh March I, 199~, in accordance with the terms and
set forth in the petitioner's application and all related documents,
attached hereto and incorporated herein for the following describe~
property:
(See attached Exhibit 'A~)
WITNESS my hand as Chairman of said Board and Seal of said Cou~t~,
attested by the Clerk of Courts in and for said County this
day of , 1998.
ATTEST: BOAJ. D OF COUNTY COMMISSIONERS:
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA:
Approved as to Form
l~qal Sufficl~ncy:
Marjorie M. Student
Assista,.t County Attorney
tlC.gl-4
BAR3ARA B. BERRY, Chairman
MAR 1 ? '19.q8
Tract 115, Golden Gate CID', Unit 4. according to the plat thereof recorded
in Plat Book 5. Page 109, of the Public R~ords of Collier County. Florida.
EXHIBIT "A"
MAR 1 7 1998
L
COMMUNITY DEVELOPMENT ENVIRONMENTAL SERVICES DIVISION
BUILDING REVIEW AND PERMITTING DEPARTMENT
MEMORANDUM
DATE:
TO:
FROM:
RE:
Fcbruar2,' 26, 1998
Vincent A. Cautero, AICP, Administrator
Community. Development & Environmental Services Division
Ed Pcrico, Director
Building Review and Permitting Department
Golden Gate Festival
On Thursday, Fcbruarv 26. 1998 Al Compton, Electrical Building Inspector signed offon
all electrical inspections.
MAR 1 ? 1998
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE THE FY 1997/98 BICYCLE
AND PEDESTRIAN PROGRAM PROJECT LIST FOR
COUNTYWIDE SIDEWALK CONSTRUCTION
OBJECTIVE: To secure the Board's endorsement of the FY 1997/98 Bicycle and
Pedestrian Program project list and to authorize funding of these projects.
CONSIDERATIONS: Every year the Bicycle and Pedestrian Program and the
Pathway Advisor), Committee, in conjunction with the Transportation Services
Department, review deficiencies in the existing pathways network and compile a list
of the most pressing needs to be addressed. This list is ranked and forwarded to the
Board for their approval. The following list is illustrated on the attached maps.
Project recommendations for 1~' 1997/98 are:
Location [~roiect limits $id~ of road Estimated cost
(1) Thomasson Dr Dominion to Bayshore north S27,400
(2) White Blvd. CR 951 to First Bridge south $51,300
(3) Sixth St 91st Ave to Illth Ave west $64,000
(4) Cardinal St North Rd to Estey Ave west $20,000
(5) 19th Ct SW 50fh Ter SW to 52nd Ter SW south $22,000
(6) Pine St US 41 to Becca Ave west $28,600
(7) Becca Ave Pine St to Bayshore Dr north $18,000
(8} Jackson Ave Palm St to Pine St north $15,000
(9) 91st Ave Vanderbilt Dr to US 41 south $48~$00
$294,800
FISCAL IMPACT: Funds in the am:~unt of $250,000 are budgeted for FY
1997/98 in Road Construction Gas Tax Fund (313-163673-.763100-69081).
Costs are estimates which will uRimately be determined by contractor's bid. It is the
intention of the Bicycle and Pedestrian Program to construct aa many projects as is
fiscally feasible. Spending shall not exceed $250,000. Should this list not be
exhausted, remaining projects will roliover to FY1995/99.
GROWTH MANAGEMENT IMPACT: Conforms with Collier County
Gro~vth Management Plan, Transportation Element, Sec. E, Intermodal and Multi-
modal Transportation.
RECOMMENDATION: That the Board of Collier Count~ Commissioners
endorse the FY 1997/98 Bicycle and Pedestrian Program project list Is
recommended by the Pathway Advisor~ Committee and authorize construction of
said projects in an amount not to exceed $250,000.
PRFfPARED BY
~E~¥ ~. BA~'~S, M.C~. / D~d£' '
m,o B~CVC~.r. ^~D Pr. Dr. STm~ COO~m~ATO~
DATE
DEV. AND ENVIRONMENTAL SVCS.
EDWARD J.
TRAN
}N SERVICES DIRECTOR
ED ILS(:
PUBLIC WORKS ADMINISTRATOR
DATE
ltlAR 1 7 1998
PROJECT RANKINGS DISTRICT
1
o ~ooo ~ I:HAL COLHTY RA~I~ .,~
~C~L~
PROJECT RANKINGS DISTRICT 2
BICYCLE AND PEDF~TRIAN PIO~I~AM
". ~,~ ' ~ ~r~ ~ ,. ! !~ ~1
..'~ .~ ~ , , ~ ~ , ~
,,~'i ~ ~" ~-~ I~ ' ~ ~I ~
,,., ,. ~.~*' ~ . ~
',~ ~ . ~ -.~___. . ~
~, ~, '~"' ~a.L~-~!~ ~1 /
' .~ - ~ FINAL COUNTY RANKINI ~171998
PROJECT RANKINGS DISTRICT 3
.... FINAL COUNTY RAI~I~G ~
MAP, 1 7 1998
PROJECT RANKINGS DISTRICT 4
BlC~Cl.~ ~O IPLI)I~TIlA~ PEOGL~M
I
FINAL COUNTY RAN~ING
MAR 1 7 1998
I
I
I
I
I
I
I
I
EXECUTIVE SUMMARY
RESCIND AWARD WITH R&L INDUSTRIES FOR THE RECYCLING OF
AGRICULTURAL PLASTIC AT THE IMMOKALEE LANDFILL AND
NEGOTIATE A CONTRACT WITH SUNSHINE EXCAVATION FOR TIlE
BURIAL OF THE MATERIAL.
OBJECTIVE: To meet the Florida Department of Environmental Protection
requirement to address the approximately 55,000 tons of agricultural plastic stockpiled at
the Immokalee Landfill.
CONSIDERATION:
On February 21,1997 RFP# 97-2649 for the recycling or disposal of Agricultural plastic
was issued to address the plastic stockpiled at the landfill from 1986 through 1995. The
material was stockpiled with the approval of the Florida Department of Environmental
Protection (FDEP) in order to develop a means to recycle the material. Numerous
attempts to recycle the material did not meet with success. The FDEP has now required
the material to be removed or buried in place. RFP//97-2649 was issued to meet the
FDEP requirement. A single response was received offering to bury the material in place
at a cost ofS353,875. Since tipping fees totaling $1,247,355 were collected for the
plastic as it was received, adequate funds for the project are available in fund 470 reserves.
Subsequently staff',vas notified that a recycling proposal could be offered if additional
time was provided. Staff informed FDEP ofthe situation and on May 20, 1997 the Board
of County Commissioners approved a reissue of the RFP. RFP# 97-2682 was issued on
May 20, 1997. A single response was received from R&L Industries (P-~&L). R&L
proposed to remove and recycle the material at no cost to the County in exchange for the
material. On June 24, 1997 the Board authorized staffto negotiate an agreement with
R&L. On August 26, 1997 the Board approved an agreement with R&L and authorized
the Chairman to sign the agreement.
As of this writing, the Contract has not been forwarded for the Chairman's signature due
to the fact that R&L has not provided the payment and performance bonds or the
certificates of insurance that were required in the RFP. After numerous inquiries and
discussions over the last several months regarding the status ofth~ items, (including
agreement by staff to accept a letter of credit as alternative surety and to have the contract
re-assigned to a different corporate entity so as to facilitate acquiring the surety) R.&L has
not been able provided any form of surety or insurance coverage for the project.
FDEP contacted County staffby telephone in February 1998 to advise the County that
they were concerned about the project and considering isming a consent order to the
County. R&L had advised the County and FDEP that they had made substantial
commitments valued at $500.000. Staff requested that R&L provide documentation on
the equipmem commitments in order to provide FDEP substantive evidence that R&L
was committed to the project. R&L has not provided the requested documentatio l
H,A.R 1 7 1998
I'G.
Given that the required contract surety and insurance documents have not been provided
and given that the County is facing possible punitive damages from the FDEP if'this matter
remains unresolved, staff would recommend that the Board rescind the previous award to
R & L Industries and also that the Board direct staffto enter into negotiations with
Sunshine Excavators to bury the material in place at or close to the same cost as
previously bid by Sunshine. Upon completion of negotiations, staffwill return to the
Board for approval of a contract for these services.
FISCAL IMPACT: The agreement with R&L provided for the removal ofthe material
at no cost to the county. The previous P,,FP# 97-2649 response proposed to bury the
material in place at a cost of $353,875. Funds for this expenditure are available in
operating reserves for fund 470.
GROWT}I MANAGEMENT II~IPACT: N/A
RECOM M ENDATION: Staff recommends that the Board of County Commissioners
rescind award of RFP 9'7-2682 to R&L Industries. waive the formal competitive process
and authorize staff to enter into negotiations with the respondent to the original RFP (97-
2649) to secure a contract to bury the material in place in order to comply with the FDEP
requirements as soon as possible.
PREPARED BY:
David W. Russell, Director, Solid Waste Department Date
Steve C~'t-neli, Purchasing Director
Ed llschner, Public Work~ Administrator
Date
Date
PUBLIC WORKS DMSION
DWR:ad
MAR 1 7 1998
APPROPRIATE ~EADIMG (CIRCLE ONE): (4) ~o~1 of mln~es/'(5) Pr~~ & Pre~~, (6) CleA, ~ Pubic
Petition~, (SA).Commun~ Devel~ment & En~r~nt~.Se~s, (SB) Pub~C'W~, (8C) P~ Se~s, (SD) Sup~
Se~s, (8E) ~n~ ~ge~, (9) A~o~,' (10) ~:~(11) ~r ~M~onM ~, (12) P~ H~s, (13A) B~ Public
HeaAngs, (13B) ~dAi~ U~, (14) BCC ~t~tions, (15) S~ff ~mmunl~ons, (16) ~ A~a
.. ASSOCIATED WI~ ~E D~GING ,OF :..C~M PASS PRIOR TO,~Y,;1,'.1998.
Ust of Documents Attached
1. Executive Summary (required)
&/95-S13
EXECUTIVE SUMMARY
APPROVE THE ACQUISITION OF SERVICES NECESSARY FOR
THE DESIGN AND CONSTRUCTION ASSOCIATED WITH THE
DREDGING OF CLAM PASS PRIOR TO MAY 1, 1998
OBJECTIVE: To obtain approval for the acquisition of design and construction
services which will be necessary to perform an additional one-time maintenance dredging
of Clam Pass prior to May 1, 1998.
CONSIDERATION: On March 25, 1997 and April 7, 1997, Collier County
received authorization from the Florida Department of Environmental
Protection (FDEP) and the Department of the Army (DOA) respectively to
perform a one-time maintenance dredging of Clam Pass prior to May 1, 1997
with a stipulation that an application for a restoration plan and long term
management plan for Clam Bay be submitted for review and approval. Such
has been done, however, pursuant to a conversation on March 5, 1998 with
Ted Brown who is dh-ecting the development of the Clam Bay Restoration
and Management Plan, receipt'of permits to implement this plan will not be
received in sufficient tirade to enable another dredging activity to be completed
prior to May 1, 1998.
The pass is approaching closure and getting it opened one last time before
implementation of the Clam Bay Restoration and Management Plan is viewed
as essential to enhancing the prospects for long term Plan success.
The permitting agencies (FDEP & DOA) agree ~at it is necessary and
appropriate to dredge the entry to Clam Pass before the start of the sea turtle
nesting season and are entertaining a request to do so as a minor modification
to the permits previously issued.
To accomplish this objective, it will be necessary for the BCC to waive
several procedures that would normally be followed if time permitted. Those
are as follows:
NO. 8X ,~
HAI~ ! 7 1998
PO. ! .?.
Executive Summary
Dredging of Clam Pass
Page 2
Formal Bidding Procedure.
Review and recommendation for approval by the Beach
Renourishment/Maintenance Committee and the Tourist Development
Council.
The anticipated services necessary for this activity and estimated costs
associated with same are as follows:
1. Construction $100,000.00
2. Professional Services 33,800.00
3. Admirdslxation (OCPM) 5,200.00
TOTAL $139,000.00
Another matter related to this activity is presented as follows for
consideration and approval:
*Hours of Operation and Noise Level
Due to the nature of this construction and critical time constraints for
completion of this project, it may be necessary for equipment to operate
outside the normal daylight hours, 7 days each week. Due to the uncertainty
of complying with the noise level requirements during the hours of 6:00 p.m.
to 7:00 a.m. as set for'& in Subsection 54-92 (2) of the Code of Laws and
Ordinances of Collier County, Florida, a time of day waiver is requested in
conformit'y w/th Section 54-89 of the Code. In an'effort to minim/ze the
impacts in Sis regard, the contract specifications require that all equipment
used on 'this work shall be equipped with satisfactory mufflers or other noise
abatement dev/ces.
FISCAL IMPACT:
Cost:
Fund:
Cost Center:
$139,000.00; to be obligated in the budget for FY 97/98.
(195) Tourist Development - 60%
(110406) Beach Renour/shment & Pass Maintenance -Cat__egory A
Executive Summary
Clam Pass Dredging
Page 3
Project Number: (80222) Clam Pass Inlet Management $200,000.00 has been
included in the budget projection for TDC expenditures during
FY 97/98, however, approval of a budget amendment will be
necessary whereby funds will be transferred from the reserves of
Fund 195 to the appropriate expenditure categories for the
proposed obligations.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners:
Authorize acquisition of those services described herein to enable the dredging
of Clam Pass prior to May 1, 1998.
2. Grant a time of day waiver according to Section 54-89 of the County Code.
3. Waive the formal bidding procedure.
4. Waive the procedure for review and recommendation for approval by the
Beach Rencourishment/Maintenance Committee and the Tourist Development
Council.
5. Authorize a Work Order ABB-FT-98-6 with Agnoli,-Barber & Brundage under
contract #95-2422 in the amount of $33,800.00 for professional engineering
services related to this activity and authorize the OCPM Director to execute the
Work Order.
d.
6. Approve the necessary budget amendments.
Executive Summary
Clam Pass Dredging
Page 4
PREPARED BY: /~~
~/mroid E. H~er, OCPM
Project Manager I~
Date:
REVIEWED BY:
Steph"eh Y. Cifi'uell, Directr~r
Purchasing Department
REVIEWED BY:
REVIEWED
Ed Ilschner
Publi~ Works Administrator
Date:
Date: ~-'/$-- ~'"~
attachment
Beach Renottr/shment/Maintenance Committee
Purchasing Department
Exzr. Sum. HEH.lh. 01
1998
EXECUTIVE SUMMARY.,
APPOINTMENTS TO THE U. S. APd~Y CORPS OF ENGINEERS ALTERNATIVE
DEVELOPMEN~I' G~OUP
OBJECTIVE: Collier County Board of Commissioners Appointments to the U.S. Army Corps
of Engineers Ahemative Development Group (ADG)
CONSIDERATIONS: At the February 11, 1998 meeting between the U. S. Army Corps of
Engineers, the Lee County Commission and the Collier County Commission, it was agreed that
both counties would participate in the U.S. Army Corps of Engineers Environmental Impact
Statement (EIS). Both counties agreed to make staff and information readily available to the
U.S. Army Corps of Engineers.
Further discussed was each Board's role in appointing members to the Alternative Development
Group (ADG). After some lengthy conversation, it was suggested that all three bodies, the Lee
County Board of Commissioners, the Collier County Board of Commissioners and the U.S.
Army Corps of Engineers would appoint one third of the membership. Each county would
appoint its members and the U.S. Army Corps of Engineers could use its appointments to equal
out an5' perceived imbalance. No objections were raised and each Board voted to accept the
concept.
The U. S. Arm>' Corps of Engineers has announced it plans to reveal the scope of the ElS on
Wednesday, March 18, 1998. In an effort to keep the 18 month target calendar intact and to hit
the ground running, it has been suggested that the Board of County Commissioners appoint its
members to the ADG in advance.
l'he Lee County Board of Commissioners has discussed two scenarios. Each has five appointees,
one from each Commissioner (15 member ADG). Th. eir second scenario includes two additional
appointments, the County Planning Director and a representative of the County Attorney's office
(creating a 21 member ADG).
RECOMMENDATION: That the Board of County Commissioners determine its preferred
format, appoint i:s members to the ADG and tbrward the list to the U. S. Army Corps of
Engineers in preparation for the March 18, 1998 announcement.
Agenda Date: MARCH 17, 1998
No._/_t./ t '
MAR $ 7 1998
Pg. /
Names submitted by John C. Norris:
Edward Griffith, P.E. - Director of Planning.
Florida West Coast, WCI Communities
801 Laurel Oak Drive, Suite 500
Naples. FL 34108
Earl Kegg, Retired Attorney
189 St. James Way
Naples, FL 34104
Names submitted by Timothy L. Hancock:
Timothy Durham, Envirenmental Permitting
Wilson, Miller, Barton & Peek, Inc.
3200 Bailey lane, Suite 200
Naples, FL 34105
Names submitted by Timothy J. Constantine:
Whit Ward, Executive Vice President
Collier Building Industry Association
4627 Arnold Avenue
Naples, FL 34104
Mark Strain, Interested Citizen
3675 3rd Avenue, N.W.
Naples, FL 34120
Names submitted by Pamela S. Mac'Kie:
Dr. Jon Staiger
City of Naples
735 Eighth Street, South
Naples, FL 34102
Mr. David Guggenheim
The Conservancy
1450 Merrihue Drive
Naples, FL 34102
Nmnes submitted by Barbara B. Berry:
Rick Barber, Engineer
Agnoli, Barber & Bmndage, Inc.
7400 Tamiami Trail, North
Naples, FL 34108
Tom Com'ecode
The V Group of Florida, Inc.
5150 Tamiami Trail, North, Suite 303
Naples, FL 34103
CITIZENS INTERESTED IN SERVING ON THE ADG COMMI'FI'EE:
Whit Ward, Executive Vice President
CBIA 2465 Trade Center Way
Naples, FL 34109
Ty Agoston, TAG
360 10th Avenue, N.W.
Naples, FL 34120
Gil Erlichman, Retired
Chemical Engineer
5980 Amherst Drive, #D105
Naples, FL 34112
Kate Zichella
Homemaker
1509 Nottingham Drive
Naples, FL 34109
Klm Boyd, Owner & President
Boyd & Company - Public Relations
975 6th Avenue South, Suite 104
Naples, FL 34102
NAMES SUBMITTED BY THE BONITA SPRINGS AREA CHAMBI~R OF COMMERC~
R/ck Barber, P.E., Principal - Agnoli, Barber & Brundage, Inc.
Thomas E. Conrecode, P.E. - Principal, The V Group
David Graham, Vice President of Planning & Development, Bonita Bay Properties
Edward Griffith, P.E. - Director of Planning, Florida West Coast, WCI Communities
VILLAS"
EXECUTIVE SUMMARY
TO APPROVE FOR RECORDING TKE FINAL PLAT OF
"MARKER LAKE
To approve for recording the final plat of "Marker Lake Villas", a
subdivision of lands located in Section 2, Township 49 South, Range
25 East, Collier County, Florida.
CONSIDERATION:
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of "Marker Lake
Villas". These documents are in compliance with the County Land
Development Code and Florida State Statute No. 177. All fees have
been paid. It is the intent of the developer to record the plat
prior to construction of the improvements. The security in the
amount of 110% of the total cost of the required improvements is
being covered by Construction, Maintenance and Escrow Agreement.
This would be in conformance with the County Land Development Code -
Division 3.2.9.
Engineering Review Section recommends that the final plat of "Marker
Lake Villas" be approved for recording.
FISCAL IMPACT:
The fiscal impact to the County is as follows.
The project cost is $469,703.80 (estimated) to be
borne by the developer.
/'he cost breakdow~ is as follows:
a) Water & Sewer
b) Drainage,
Paving, Grading
- $178,414.25
- $291,289.55
The Security amount, equal to 110% of the
project cost, is $517,000.00
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $8,993.44
Fees are based on a construction esti
$469,703.80 and were paid in December, 19
MAR ! ? 1998
_...to:..?-
Executive Summary
Marker Lake Villas
Page 2
The breakdown is as follows:
a) Plat Review Fee ($425.00 + $4./ac)-$ 473.24
b)
c)
Paving, Grading (1.275% const, est.)
GROW'fH ~AGEMENT IMPACT:
Construction Drawing Review Fee
Water &
Sewer (.50% const, est.) - $ 892.07
Drainage,
Paving, Grading (.425% const, est- $1,237.98
Construction Inspection Fee
Water &
Sewer (1.5% const, est.) - $2,676.21
Drainage,
- $3,713.94
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of
"Marker Lake Villas" with the foil. owing stipulations:
Accept the Construction, Maintenance and Escrow Agreement as
security to guarantee completion of the subdivision
improvements.
o
Authorize the recording of the Final Plat of "Marker Lake
Villas"
Authorize the Chairman to execute the attached construction
and maintenance agreement.
Yhat no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
MAR 1 ? 1998
Executive Summary
Marker Lake Villas
Page 3
PREPARED BY:
John R. Houldsworth, Senior Engineer
Engineering Review
REVIEWED BY:
Thomas E. Kuck, P.E.
Engineering Review Manager
Donald-W:- Arnold '. .... ~-,:: ,',,-~
Plaru~ng Services Director
Vincent A. Cautero, Administrator
Community Development & Environmental Services
Community Dev. and Environmental Svcs. DIVISION
JRH/ew
Date
Date
Date
Date
MAR ! 7 1998
LOCATION MAP x x
NOT TO sc'ALE
DESCRIPTION OF LA. D.> PLATTED
MAR 1 ? 1998
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
TH]IS CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION ].M. PROVEM]ENTS is entered into th. is 13th . day of February_ . 1998 by
MARKER LAKE VILLAS, INC., a Florida corporation (hereinafter "Developer"), the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinat~er the "Board") and
SOUTHTRUST BANK, N.A., a national banking association (hereinafter "Lender").
A. Developer has, simultaneously with the delivery &this Agreement, applied for approval by
the Board ora certain plat ora subdivision to be known as Marker L~e Villas, Inc.
B. The subdivision will include certain improvements which are required by Collier County
ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Blair A. Foley, P.E. of
Coastal Engineering Consultants, Inc., a copy of which is attached hereto and incorporated herein as
Exhibit "1". For purposed of this Agreement, the "Required Improvements" are limited to those described
Jn the Estimate.
C. Sections 3.2.6.5.6 and 3.2.9.1 &the Collier County Subdivision Code Division ofthe Land
Development Code requires the Developer to provide appropriate guarantees for the construction and
maintenance of the Required Improvements.
D. Lender has entered into a construction loan with Developer dated November 6, 1997 (the
"Construction Loan") to fund the cost of the Required Improvements.
E. Developer and the Board have acknowledged that the amount Developer is required to
guarantee pursuant to this Agreement is $517,000.00, and this amount represents 110% ofthe Developer's
engineer's estimate of the construction costs for the Required Improvements.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants
hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows:
I. Developer will cause the water, sewer, roads, drainage and like facilities, such facilities
constituting the Required Improvements, to be constructed pursuant to specifications that have bee, n
approved by the Development Services Director within 24 months fi.om the date of approval oft, he
subdivision plat referred to hereinabove.
2. Developer hereby authorized Lender to hold $517,000.00 from the Construction Loan, in
escrow, pursuant to the terms of this Agreement.
3. Lender agrees to hold in escrow $517,000.00 from the Construction Loan, to be disbursed
only pursuant to this Agreement. Lender acknowledges this amount shall not constitute a draw against the
Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this
Agreement or the Construction Loan documents, sha~l accrue interest.
Construction, Maintenance, Md E..~-~row Agreement
for Subdivision Improvements - Page 1
Marker Lake Villas, Inc.
MAR 1 7 1998
4. The escrowed funds shall be released to the Developer only upon written approval ofthe
Development Services Director who shall approve the release ofthe funds on deposit not more than once a
month to the Developer, in amounts due for work done to date based on the percentage completion ofthe
work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of
the work the Development Services Director shall approve the release of any remainder of escrowed funds
except to the extent of $47,000.00 which shall remain in escrow as a Developer guaranty of maintenance
of the Required Improvements for a minimum period of one (I) year pursuant to Paragraph 10 of this
Agreement. However, in the event that Developer shall fail to comply with the requirements of this
Agreement, then the Lender agrees to pay the Board immediately upon demand the balance of the funds
held in escrow by the Lender, as ofthe date of the demand, provided that upon payment of such balance to
the Board, the Board will have executed and delivered to the Lender in exchange for such funds a
statement signed by the Development Services Director to the effect that:
(A) Developer, for more than sixty (60) days after written notification ofsuch failure, as hailed to
comply with the requirements of this Agreement;
(B) the Board, or its authorized agent, will complete the work called for under terms ofthe
above-mentioned contract or will complete such portion of such work as the Board, in its sole discretion,
shall deem necessary in the public interest to the extent ofthe funds then held in escrow.
(C) the escrow funds drawn down by the Board shall be used for construction ofthe Required
Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either
direct or consequential, which the Board may sustain on account ofthe failure of the Developer to carry
out and execute the above-mentioned development work; and
(D) the Board will promptly repay to the Lender any portion of the funds drawn down and not
expended in completion of the said development work.
5. Written notice to the Lender by the Board specifying what amounts are to be paid to the
Developer shall constitute authorization by the Board to the Lender for release of the specified funds to the
Developer. Payment by the Lender to the Developer or the Board ofthe amounts specified in a Letter of
authorization by the Board to the Lender shall constitute a release by the Board and Developer of'the
Lender for the funds disbursed in accordance with the letter of authorization for the Board.
6. The Required Improvements shall not be considered complete until a statement of'substantial
completion by the 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
Subdivision Regulations and the Development Services Director gives preliminary approval of the
Required Improvements.
7. The Development Services Director shall, with/n sixty (60) days of'receipt ofthe statement of
substantial completion; either: a) notify the Developer in writing of'the preliminary approval ofthe
improvements; or b) notify the Developer in writing of the refusal to approve the improvements, therewith
specifying those conditions which the Developer must fulfilI in order to obtain preliminary approval from
the Development Services Director of the Required Improvements. However, in no event shall the
Construction, Maintenance. md Escrow Agreement
for Subdivision Improvements - Page 2
Marker Lake Villas, Inc.
MAR 1 7 1998
Development Services Director refuse preliminary approval of the improvements ifthey are in fact
constructed and submitted for approval in accordance with the requirements of the Agreement.
8. Should the funds held in escrow be insufficient to complete the Required Improvements, the
Board, after duly considering the public interest, may at its option complete the Required Improvements
and resort to any and all legal remedies against the Developer.
9. Nothing in tl'ds Agreement shall make the Lender liable for any funds other than those placed
on deposit by the Developer in accordance with the foregoing provisions; provided, that the Lender does
not release any monies to the Developer or to any other person except as stated in this Agreement.
10. The Developer shall maintain all Required Improvements for one (1) year meter preliminary
approval by the Development Services Director. Alter the one (I) year maintenance period by' the
Developer and upon submission ora written request for inspection, the Development Services Director
shall inspect the Required Improvements and, if found to be still in compliance with the Code, as reflected
by final approval by the Board, the Lender's responsibility to the Board under this Agreement is
terminated. Lender may thereafter release all funds remaining in escrow to Developer. The Developer's
responsibility for maintenance of the required Improvements shall continue unless or until the Board
accepts maintenance responsibility for and by the Board.
11. All of the terms, covenants and conditions contained herein are and shall be binding upon the
Board, Developer and Lender, and the respective successors and assigns of the Board, Developer and
Lender.
IN
WITN'ESS WHEREOF, the Board, the Developer and the Lender have caused this Agreement
to be executed bytheir duly authorized representatives this 13th dayof February., 1998.
SIGNED, SEALED AND DELIVERED
IN TH3E PRESENCE OF:
Print or Type Name
Print or T~e Name
MARKER LAKE VILLAS, INC. a
'~Eugene~l~shman, President
Print or Type Name '
Print or Type Name
SOUTHTRUST BANK. N.K
Frank N. W~oodward,
Vice President
Con_xtm¢lion, Maintenmce, ~nd E~crow Agreement
for Subdivision Improvements - Page 3
Marker Ltke Vill~, Inc.
MAR 1 7 1998
P~. 7
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Approved as to form and legal sufficiency:
Print Name Below
Collier County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY:
Chairman
Construction. Maintenance, and ~ Agmem~mt
for Subdivision Improvements - Page 5
Marker Lake Villas, Inc.
MAlt 1 7 1998
EXHIBIT "~'
ENGINEER'S COST ESTIMATE SUMMARY
I. Potable Water System
II Sardtary Sewer System
III Drainage
IV Paving, Concrete, Miscellaneous
SubTotal
Total (rounded to nearest 5; 1,000)
10% of Total
~ 110% Letter of Credit amount--
5; 47,683.00
$130,731.25
$ 61,860.00
5;;469,703.80
$470,000.00
5; 47.000.00
S517,000.00
Construelion, M,,intenenee. ~nd ~ow A~t
for Subdivision Improvements - Page 4
M~'ker L~ke Vill~s, Inc.
~AR 1 ? 1998
~, P~. ~ _
EXECUTIVE SUMMARy
BOARD APPROVAL OF BUDGET AMENDMENTS REDUCING
THE BUDGET FOR THE CDBG GRANT FOR SHELLABARGER
PARK (FUND 121, COST CENTER 138755, PROJECTS NUMBERED
33020 AND 33021) BY $583,000.
OBJECTIVE: To have the Board of County Commissioners approve a Budget
Amendment reducing the budget for the Shellabarger Park CDBG Project (Fund 121-Cost
Center 138755, Projects Numbered 33020 and 33021) by $583,000.
CONSIDERATION: During the budget preparation process for FY 97/98, the funds
allocated for this project inadvertently doubled. Funds for projects of this type are
automatically rolled over from one fiscal year into the next. During budget preparation,
funds were requested for FY 98 which, when coupled with those funds that were rolled
over from FY 97, caused a doubling ofamounts in this budget.
FISCAL IMPACT: Approval of this Budget Amendment will cause a reduction of the
budget in Fund 121, Cost Center 138755 by $583,000.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATIO.N: That the Board of County Commissioners approve a Budget
Amendment reducing the budget in Fund 121, Cost Center 138755, by $583,000.
Community Development and Environmental Services
MAR 1 7 1998
EXECUTIVE SUMMARY
DEFERRAL OF ONE HUNDRED PERCENT OF THE IMPACT FEES FOR A 124 UNIT
AFFORDABLE HOUSING PROJECT TO BE BUILT BY A FLORIDA LIMITED
PARTNERSHIP, KNOWN AS SAXON MANOR ISLES APARTMENTS AFFORDABLE
RENTAL UNITS, AND SUBORDINATION OF LIEN.
To have the Board of County Commissioners approve deferral of the Library System Impact
Fees, Parks and Recreational Impact Fees, Road Impact Fees, Emergency Medical Services Fees,
Water Impact Fees, Sewer Impact Fees, and Educational Facilities Impact Fees for 124 units of a
124 unit rental affordable housing project to be constructed by Saxon Manor Isles Apartments II
Limited Partnership.
CONSIDERATIONS:
On January 8, 1998 Saxon Manor Isles Apartments II Limited Partnership filed an impact fee
deferral application to provide for 124 &,veiling units to be rented by tenants with incomes not
exceeding 60% of median household income for Collier County.
Under the Terms of the impact fee waiver and deferral ordinances Saxon Manor Isles
Apartments II Limited Partnership is eligible for the following impact fee deferrals:
a) Librz.ry System Impact Fees
b) Road Impact Fees
c) Parks & Recreation Impact Fees
Corr, munity Parks
Regional Parks
d) Emergency Services Impact Fees
e) Sewer Impact Fees
f') Water Impact Fees
g) School Impact Fees
22,384.48
18,048.00
49,476.00
22,196.00
248.00
166,160.00
11,600.00
TOTAL iMPACT FEES DEFERRED $ 592,660.48
Impact fees totaling $592,660.48 would be deferred until August 1:5, 2004. These impact fees
would be repaid and available in the appropriate impact fee funds for the riscal year 2004 budget.
The proposed fiscal impact fee deferral is not budgeted. On March 30 1994 impact fee
ordinances were amended to not require reimbursement to the impact fee funds for Affordable
Housing Impact Fee Deferrals granted fora six year period. "' "'~~)
MAR 1 ? 1998
,._
Executive Summary
Saxon Manor Isles Apartments
Page Two
GROWTH MANAGEMENT IMPACT:
Deferral of impact fees will provide relief to a developer of housing for very low and Iow income
Families in compliance with Policy 1.5.2 of the Housing Element of the Growth Management
Plan.
RI~X)~F.~AT I 0 N S:
The Board of County Commissioners approve the deferral of impact fees for 124 of 124 units of
Saxon Manor Isles Apartments to be built in Collier County by Saxon Manor Isles Apartments II
Limited Partnership. The Board of County Commissioner,s can delay the contribution for impact
fee deferrals for up to seven years from the date of deferral. This impact fee deferral is due and
payable on August 15, 2004.
GM/id
03/04/98
PREPARED BY:
Gre~M~ic, Director
Itousing and Urban Improvement
Date
APPROVED BY:
Vincent A. Cautero, AICP, Administrator
Community De','. And Envimmmental Svcs.
Date
jcl/c/sax onmanor/¢ x ecsu m
MAR 1 ? 1998
Po'. _.9..
RESO[.UTION NO. 98-
A RESOLUTION OF TIlE BOARD OF COUNTY
COMMISSIONERS, COI.LIER COUNTY, FLORIDA
AUTilORIZING Tile DEFERRAl. OF LIBRARY
SYSTEM IMPACT FEES. PARKS AND RECI~,EATIONAI.
FACILITIES IMPACT FEES. ROAD I.%IPACT FEES.
',v %TER IMPACT FEES, SEX', ER IMPACT FEES.
EMERGENCY .MEDICAl. SERVICES IMPACT
FEES, AND EDUCATIONAl. FACILITIES SI STEM
I.%IPACT FEES FOR SAXON .MANOR ISLES APARTMENTS,
A 124 UNIT AFFORDABLE RENTAL llOUSING
PROJECT, AND SUBORDINATION OF LIEN.
WHEREAS. Collier Count.,,' has recognized and attempted to address the lack of adequate and
affordaMe housm.g for moderate, Iow. and ','er:,.' low income households in Collier County and
:he need for crca::xe a~d m~o',a::',c prov:rams to asses: :n the pro,,:s;on of such housing by
;nch;d:ng s¢',c:a! ptos:s:c,r., m ?,cc Colkcr C,~.;z:'.. Gre,~lh M.m,:..'.':::em Plan. including
c,b3ec;~e 1 '-. po;cc:, i -: :.oF;celtic i 5. pol;c} ~ ? ' i',,hc} I 5 ". pot:c} ] 5.4. pohc)' 155.
po]cc? 1.56. oh)et: I o. ?e. hc} I 62. objecl:xc 2.1. pohc) 21.I. pohcy 21.2, pohcy 2.1.3.
?ohc? 2 I 5. a~d pohc) 2.I.6 or'the Ho:.'smg Element; and
WHEREAS. Sa\or, .',lanor Isles Apanmcr, ts 11 Limited Partnership x¥ill undertake the
developmem et' Saxon Manor Isles Apartments. a o,~e hundred and t~enty-four (12,1) unit
2.: afl'ordabl¢ rcnIal housme tomnmn:l', on a site located m Cother Ceui:t). Florida, of ',%t'uch
:.: Sa,.on Manor Isles .-~.p;:.~mer:::; II Lm~;ed Pa~ne:~h;V ~ o',~ m.'r. and
25 WHERE ~,S. or: J-a::ua,~: ~. 1995. an apphca::or, x~ as riled ~ ~i!~ ~!~c Count} Administrator
26 for th: de£err, al of Colher Count.',' impact fees for thc Saxon .Manor Isles Apartment consistent
27 v.~,,h the rcquiremzms of thc Count)' impact fee ordinances; and
2S \\'HERE.-\S. m accordance w:th Section 3.-: or' the Librarx System Impact Fee
2'.; O:dmance. Orchnance Nc~. $$-97, as amended; Section 4.05 ef the Parks and Recreational
:~r Facilh~es Impact FccOrdtnance. OrdmanceNo. 85-96. as amended. Section 3.0-1 oflhcRoad
: I impact Fee Ordinar~ce. Ordinance No. 92-22. as an:en&.'d. Collier County Ordinance No 90-86.
'~2 aa amended, ~he Collier County \rater System hnpact Fee Ordinance; Collier Count}' Ordinance
33 No. 90.87, as amended, thc Collier County Sewer S%,,'~tem Impact Fee Ordinance; Section 3.05
3-:' of :he Emergency Medical Sen'ices System Impact Fee Ordinance, Ordinance No. 91-'/I, as
35 amended; aad Section 3.05 of the Educational Facilities System Impact Fcc Ordinance.
~G
.,.
MAR 1 ? 1998
p~. 3
II
Ordinance No. 92-33, as :,mended. an applicant ma)' obtain a defcrr:,l of one hundred percent
(100%'~ of impac: fees for a period of six (6) years by quali lying for said deferral; and
WHEREAS. Saxon Manor Isles Apartments has qualified for an impact fee deferral
based upon zhc following rcprcscmafions made by Saxon M~nor Islcs Ap~nmems II Limited
Pann¢rship:
A. The Dwelling Unit shall bc ~hc pc~ancnt residence of~hc occupant,~cnam.
B. Thc ho~sehold renfin~ thc Dwelling Uni~ must have a very Iow or Iow income
a~ ~he commenccmcn~ of ~he leasehold and durulion ~hercof. as lha~ te~ ~s defined in
d~e Appendices to thc respective Impact Fee Ordinances and the momhly renl must be
xxi~hm the affordable housing guidelines established in ~he Appendices to the
respective impact Fee Ordinances.
C. The Dx~ ell[ns Uni~ shall remain affordable for at least fifteen ~ 15) years from the date
~hc ccmfic,~c of occupancy ~as issued.
The Board oFC*oum) C'ommtss~oncrs hcreb5 a~:hot~/ed the dcfcmd i,x ( ,,',her ('o~mt)
lbliox~ ~n~ :mp,~ct fees m lt~c amounts hstcd hclo'.~ I6: the one i;u:M; c,: ,;~d ;'.x c~lt)-t~ur ( 1241
affordable housing umts ~o be dexclopcd b) Saxon Manor Is:cs Apam~ents II Limited
Partnership as Mcnnfied in Exhibit "A":
! $ Each Unit
_',~ a) L~bn~r": System impact Fees $ 15¢).52 $
22 b) Ro.~.J Iz~'~pact I c..:s 952~$.~ IIS.048.00
2."
24 c~ Perks& Recreation lmp~ct Fees
25
26 Commurm5 P~rks 399.~
27 Regional ['arks 179.~ 22.196.~
2S
29 d) Emergency Sca'ices Impact Fees 2.~ 248.~
30.
31 e) Sewer Impact Fees 1.340.~ 166,160.~
32
33 Q Water Impact Fees 9~.~ I II.6~.~
34
~5 g) School Impact Fees 827.~ 102.548.~
36
37 TGTAI. AblOUNT I?,IPA~ FEES DEFE~ED $ 592,660.48
3S
30 2. A) In comphancc ~,,,th thc provision of thc Collier County impact fee ordinances. Saxon
40 Manor Isles Apanmcn:s I~ Limited PannershJp has demonstrated to Ibc County that a
41 subordinaHon of thc County's rights, in:crests and lien is necessaD' to obtain financing for the
2
A~ D
MAR 1 ? 1998
PI~,
3
Saxon Manor Isles Apartments. an affordable housing projt¢! consistin§ of one hundred and
~wcn~y four mulu.family dwcH~n~ unhs; and
BI In comph~ncc ~ith tl~c provisions office impdcl f~c ordinances. ~t~¢ O~ ncr will dcliv~ to
thc County subsmme collateral in the fo~ of cash and a cash cquivalen~ Rn~cial
ins~mcnt pa?b',c m thc Count)' whkh tosc~hcr will y~cld ~ thc Coumy thc full ~ount
or the ~crcnc~ impac~ fees. Lc., thc sum of Five Hundred Ninety Two ~ous~d Six
Hundred ~n~ Sixty Doll.s ~ 4gq~ (559L660.4~) at the ~xpkation of the p~ of
thc d~f~nal. AuSus: 15. 2~4. i c. a United Sta~cs Tre~suO' Zcro Coupon Bond ~hich
and pa} ab lc p.;:su~nt to th: ~c~s of ~h: Agrefmcnl for I~Y)~, Dc~%~al of Colh~ County
lmpac~ Fccs and that al! mono5 s recoxcd b) ncgo~iauon of ~ha bond ~hall be apphad to
~h~ pasmcnt of said dc2ncd impact f:c obhgation owing by Saxon Manor Isles
Apanmcnts II Lim~::d Paancrsh~p
C) Thc C'oun:5 hcrcb) co~cn~nts and consams and agrees tha~ ~ts nghls. ~nlcrest$ and lien
pursuam to the A?ccmcnl shall be subordinated ~o thc l:cn of fl:e Nlon~a~ and Sccuhl>'
18 Agrr~m:m t"Mo~gagc") and o~h~r documents ~xecu~cd b} O~vncr in consM~rafion
19 ~hcrc~ i~h from S:xon Manor Isles Apartments II kimi~ed Panncrsh~p to Colli~r Counly
20 Housing Finance Authority or other phm~' lenders in the principal amount of up ~o Six
21 Million Four Hundred Thous~d Dollars (S6.4~,0~). plus accrued inlcrcst ~d all
22 advances authcrizcd under the provisions of such mortgages. Th~ County will execute
such subordination agreements as may bc reasonably rcqmrcd b5 said mongJgccs.
3. Dcf:~al or said m~pact fees is subj~t lo and commgcm upon cxcctmon and recordation
o~an Agreement for Dcfcnal ofColhcr Coum) lmpac~ Fccs v. hich shall bc cm¢r{d imo
26
between thc applicant and County.
27
28
29
MAR 1 ? 1998
$
{0
{0
This Resolution '~doptcd al'ret molion, second and majority vole favoring same.
DATED
ATTEST:
Dwi.~ht E. Brock. Clcrk
BOARD OF COL.~TY CO.MMISSIONERS
COLLIER COU.XTY, FLORIDA
Barbara B. Bcrr'y, Chairman
Appro~ ed us :o fom~ anJ
Ic~a{ st, fli¢icncy:
Hcidi F. Ashton
Assistant Count>' At~emcy
MAR 1 7 1998
EXHIBIT
SAXON MANOR ISLES APARTMENTS II
C~ O; S~S 5~:T. ON 6. FO~ · D;STA~,C~ CF ~g.~l FEET TO A
Cr · ~ I ~o rrr- tC -~E Fr.,.'T rr ri.r, ..j-; CF l~E P~RCEL CF
MAR 1 7 1998
AGREEMENT FOR 100% DEFERRAL OF COLLIER COUNTY IMPACT FEES
This Agreement for the Deferral of Impact Fees entered into this~ of
t99S, by and between thc Board of County Commissioners of Collier Count)', Florida.
hereinafter referred to as "COUNTY" and Saxon Manor Isles Apartments II Limited Partnership
hereinafter referred to as "OWNER".
\\'HEREAS. Collier County Ordinance No. 88-97, as amended, the Collier Count.','
Library System impact Fee Ordinance: Collier Counp, Ordinance No. $$-96. as amer~ded, the
Collier Coumv Parks and Recreational Facilities Impact Fee Ordinance: Collier County
Ordinance No. 91-71. as amended, the Collier Cot, nty Emergenc.v Medical Sen'~ces System
h'npact Fee Ordi~ance; Collier Count>' Ordinance No. 92-22, as amended, the Collier County
Road Impact Fee Ordinance; Collier Count>' Ordinance No. 90-86, as amended, the Collier
County Water System Impact Fee Ordinance; Collier county Ordinance No. 90-87, as amended,
the Collier cotmtv Sewer S.vstem Impact Fee Ordinance; and Collier Corral>' Ordinance No.
92-33. as ame~:dcd, the ('oilier County Educational Facilities System Impact Fcc Ordinance. :is
they may be further amended from time to time hereinafter collectively referred to as "Impact
Fee Ordinance". provide for deferrals of impact fees for ne,,,,' owner-occupied dwelling tm;ts
quailS'inS as affordable housing; and
\VItEREAS, SunCoast Corp. of Delav,'are is the duly authorized general partner with
Jack J. Bachmann as President; and
WHEREAS, Jack J. Bachmann as President of SunCoast Corp. of Delaware. has applied
for a deferral of impact fees as required by the Impact Fee Ordinance. a cop)' of said application
is on file in the Housing and Urban Improvement Department; and
WHEREAS, the Count)' Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing
deferral; of impact fees as established in the Impact Fee Ordinance; and
MAR 1 7 1998
\\'HEREAS, the impact fee deferral shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligiNe for an impact fee deferral; and
WHEREAS, the COUNTY approved a deferral of impact fees in the amount of Five
Hundred Ninety Two Thousand .Six Hundred and Sixty Dollars and 48/100 (S592,660.48) for six
years from date of certificate of occupancy for Saxon Manor Isles Apartments embodied in
Resolution No. 98- , at its regular meeting of and
\VHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NO\\', THEREFORE. in consideration of the foregoing recitals, the parties covenant and
agree as £ollows:
1.
A
RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be
incorporated by reference herein.
LEGAL DESCRIPTION. The legal description of the dwelling units (the "Dwelling Unit")
is attached hereto as Exhibit "A" and incorporated by reference herein.
TEI:LM. OWNER agrees that the Dv~'elling Unit shall remain affordable and shall be
offered for rent in accordance with the standards set forth in the appendix to the Impact Fee
Ordinance for a minimum of fifteen (15) years commencing from the date a certificate of
occupancy is issued for the Dwelling Unit.
REPRESENTATIONS ANq2) WAR.RANTIES.
following:
a)
b)
OWNER represents and wan'ants the
The Dwel ling Unit shall be the permanent residence of the occupant/tenant.
The household renting the Dwelling Unit must have a very Iow or Iow income level, at
the commencement of the leasehold and duration thereof, as that term is defined in the
Appendices to the respective Impact Fee Ordinances and the monthly rent must be within
the affordable housing guidelines established in the Appendices to the res
Fee Ordinances.
~ective Impact
AGE~D,A ~TEM ~
MAR I ? 1998
____%?
c) The Dwelling Unit shall remain affordable for at least fifteen (15) years from the date the
certificate of occupancy was issued.
SUBSEQUENT REN'TAL OR TRANSFER. IfO\VNER rents the Dwelling Unit subject to
the impact fee deferral to a subsequent renter, the Dwelling Unit shall be rented only to
households meeting the criteria set forth in the Impact Fee Ordinance. The impact fees
deferred shall be immediately repaid to the COUNTY upon the discontinuance of use of the
Dv,'elling Unit as affordable housing, or six years from the date such impact fees are deferred,
whichever occurs first. OW'NER agrees that even though the impact fees have been repaid to
the COU%'TY, the OWNER will utilize the Dwelling Unit for affordable housing for at least
fifteen (15) years from the date the certificate of occupancy was issued for the Dwelling Unit.
LIEN. The deferred impact fees shall be a lien upon the property ,.vhich !ien may be
foreclosed upon in the event of non-compliance ,.vith the requirerr~ents of this Agreement.
The COL."N'T'~' acknowledges and agrees that:
(a) In compliance with the provisiou of the Collier County hnpact Fee Ordinances, O\~,%'ER
has demonstrated to the COUNTY that a subordination of the County's rights, interests
and lien is neccss;~rv to obtain financing for Saxon Manor Isles Apartments, an affordable
housing project consisting ofone hundred twenty-fort (I 24) units: and
(b} I~ complim~ce with thc pro,.'isio~s of the Impact Fee Ordinances. the O\VNER ,.,,'ill
deliver to fi'~e COUNTY' substitute collateral in the form of cash and a cash equivalent
financial instrument payable to the County v,'hich together will yield to the COUNTY the
full amount of the deferred impact fees, i.e., the sum of Five Hundred Ninety Two
thousand Six Hundred Sixty Dollars and 48/100 (5592,660.48) at the expiration of the
period of the deferral, August 15, 2004, i.e., a United States Treasury Zero Coupon Bond
which ..,,'ill mature at the end of the deferral period, August 15, 2004 and, upon maturity,
would yield an mrtount equal to the amount of the deferred fees. COUNTY covenants
and agrees that it will not negotiate the bond unless and until the deferred impact fees
become due and payable pursuant to this agreement and that all m~
IAR 1 ? 998
,.~egotiation of the bond shall be applied to the payment of said deferred impact fee
obligation owing by Saxon Manor Isles Apartments II Limited Partnership.
(c) The County hereby covenants and consents and agrees that its rights, interests and lien
pursuant to this agreement shall be subordinated to the lien of the Mortgage ~nd Security
Agreement (".Mortgage") and other documents executed by O\\',~ER in consideration
therewith from Saxon Manor Isles Apartments II Limited Partnership to Collier County
Housing Finance Authority, or other primary lenders in the principal amount of up to Six
Million Four Hundred Thousand Dollars ($6,400,000), plus accrued interest and all
advances authorized under the provisions of such mortgages. The COUNTY will execute
such subordination agreements as may be reasonably required by said mortgages.
7. ANNUAL REPORT. Annually, the O\VNER of the Dwelling Unit shall provide to the
County Administrator an affidavit of compliance with the affordable housing qualification
criteria and standards set forth itl the Impact Fee Ordinance. Said affidavit must be filed
within thirty (30) days of the anniversary date of the issuance of the certificate 05 occupancy.
if the income of an.,,' unit renter which originally qualified as low income level as defined in
the respective Appendix to the Impact Fee Ordinance increases by more than forty percent
(40%) above the low income level described in the appendix, then the per unit deferred
impact fee on lhe non-compliance unit shall become immediately due and payable by
OWNER or. i~ thc alternative, the OWNER shall have ninety (90~ days to comply with tile
Affordable Housing guidelines set fortl~ in the respective Appendices.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements, and
upon paymen~ of the deferred impact fees, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing such payment, including but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement,
their heirs, successors and assigns. In the case of sale or transfer by gift of me Dwelling
4
MAR 1 '7 1998
Unit, the original O~,\q,~ER shall remain liable for the impact fees deferred until said impact
fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of O;~ER in
the Official Records of Collier County, Florida within sixty (60) days after execution of this
Agreement by the Chairman of the Board of County Commissioners.
I1. DEFAULT. O\~,%'ER shall be in default of this Agreement (I) where OWNER fails to rent
the property in accordance with the affordable housing standards and qualifica,.ion criteria
established in thc Impact Fcc Ordinance and thereafter fails to pa5' thc impact fees duc ,a ,thru
thirty (30) days of notice of' sa~d non-compliance, or (2) where O\~,.~ER violates one of thc
affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen
(15) days after notice of violation. However, with respect to the Annual Report,
shall not be in default of this Agreement until a fifteen (15) day grace period from tile due
date of the report has lapsed in the event the O~, ,'NER is in default.
12. REMEDIES. Should :he O\~,%'ER of the property fail to comply with the said qualification
criteria at any time during the fifteen (15) 3'ear period or should OWNER violate any
provisions of this Agreement, tile impact fees deferred shall be paid in fifli by OV~%'ER
within thin.,,, (30) days of said non-compliance. OWNER agrees that the impact fees deferred
shall constitute a lien on the property commencing on the effective date of this agreement
and continuing until paid. Except as set forth in Section 6, such lien shall be superior and
paramount to the interest in the Dwelling Unit of an.'.' owner, lessee, tenant, mortgages, or
other person except the lien For County taxes and shall be on parity with the lien of any such
County taxes. Should the OWNER be in default of this Agreement and the default is not
cured v,'ithin thirty (30) days after written notice to the OWNER, the Board may bring a civil
action to enforce the Agreement. In addition, the lien may be foreclosed or otherwise
enforced by the COUNTY by action or suit in equity as for the foreclosure ora mortgage on
real property. This remedy is cumulative with any other right or remedy available to the
COUqNTY. Notwithstanding the foregoing, the COUNTY shall realize upo thc~~a)
5 MAR 1 7 1998
given to it by OWNER as described in Section 6c prior to exercising any rights to recover
against property. The Board shall be entitled to recover all fees and costs, including
attorney's fees, plus interest at the statutory rate for judgments calculated on a calendar da.,,'
basis until paid.
IN WITNESS \VHEREOF, the parties have executed this Agreement for deferral of Impact Fees
on the date and year first above written.
(2) \Vimesses:
, ./
l~rin~.Xame ' ,
O~,\,~ER:
SAXON MANOR ISLES APARTMENTS II
LIMITED PARTNERSHIP
By: SL'NCOAST CORP. OF DELAWARE Its General Panner
achman~, President
DATED:
ATTEST:
D\VIGHT E. BROCK, Clerk
(CORPORATE SEAL)
COL,~TY:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY:
Barbara B. Berry, Chairman
Approved as to form and
legal sufficiency
I-ieidi F. Ashton
Assistant County Attorney
6
MAR 1 7 1998
__Pi/. ,,/''~
STATE OF FLOtLIDA
COUNTY OF ("~ze'.., c, r-
The foregoing instrument was acknowledged before me this ,D-/~ day of ,,~'. .
1998 by Jack J. Bach. mann, President of SunCoast Corp. of Delaware, General Partner of Saxon
Manor Isles Apartments II Limited Partnership. He is personally known to me.-e~aa-Ih'~uood-
(type of identification) as identification.
Sfgfiature of person taking acknowlI~edgment
Name of Acknowledger Typed, Pflinted or Stamped
MAR 1 ? 199~I
/
EXHIBIT "A"
SAXON MANOR ISLES APARTMENTS II
A POR~ON C? ,~E EAST ~,/2 OF THE EAST ~,/2 OF 'g-lE EASI' 1/2 OF
i-M£ NOR¥~EAST I/4 OF SEC~ON 6. TO't,NSMIm 50 SOU~. RANGE 26
L~Ac~¢,, COPIER COUNTY. ~0,RIOA. ~BNO ~ORE PAR~CU~RLY
DESCRIBE0 AS ¢OLLOWS:
UCM~JENCE AT ;NE WORi'HEAST CORNER OF SECTION 6. TO~?,IS,~IIP 50
SC~'~. RA~;C[ 25 EAST. COLLIER ~ , '
~CdN~. FuSR[OA; ~ENC[ RUN
S. G0'07'54' w., ALONG ~ EAST ~h'E CF ~E NO~EAST
QU~R~R OF SA~0 SES~0N 6, FOR A 0ISTANC[
PO?~T ON ~E SOUTHERLY RIGHT-OF-WAY [I.N'E CF RADIO ROAD (C.R.
855); ~['JCE CCN1]NUE S. 00'07'54' W.. ALONG THE EAST LID;E
vt THE ' ~ ' '~ -
~' ~uR,,-cAS, CJAR~R OF SAID SEC~ON 6. FOR X DISTANCE
OF :263.79 F~ET TC ~E P0~NT CF gEC;J~4~,,S OF TmE PARCEL OF
LANO HERE~N D[SCP:BED; THENCE CC~T'NUE S.00'07'54' W.. ALONG
~[ EAST L,~ 'Of r~c NOR~EAST S~AR%; CF SA;D SEC~CN
FOR A C:S-$'4CE Cr *395.05 FEE1 '0 ~I'F EAST OJAR%R CORNER
0~ SAID SEC;~O'~ 6; ~ENCE RUN S 89'29'!D"
LIN'[ CF T~ r, OR~'EAST QUAR~R CF SAID SEC~0N 6, FOR A
OISTANC[ ~29 92 FEeT TO ~f SCU~WEST COR~ER OF THE EAST
HALF CF ~[ EAST HALF OF ~E EAST HALF OF
CUARTER Of SAI0 SEC~ON 6; ~ENCE RUN N. 00'07'22' E., ALONG
THE w~ST LINE O~ ~;6 EAST HALF OF THE EAST HA~ Of ~E ~AST
HA~ OF T~E NOR~EAST CUAR~R OF 5AID SEC~0~ 6. FOR A DISTANCE
OF 1254.00 FEET; ~ENC[ RUN S. 8~'52'06" E. FOR A 01STANCE OF
6S.74 F~T; THENCE ~UN S. 00'07'54" W. FOR A DIST.'CE OF
~0.60 FEET; ~ENCE RUN 5. 89'52'06' E. r0R A DISTANCE OF
205.00 ~ET; ~ENCE RUN ~. 00'0~'54' E. FOR A O~STANCE OF
55.C0 FEET: ~ERCE RUN S. 89'52'06' E. FOR
52.55 FEET: THENCE RUN N. 00'07'54" E. FOR A DISTANCE OF
82 78 FEET: ~EN'CE RUN N. 89'52'06' W. FOR A DISTANCE OF
23~.32 FEET; ~HENCE RUN N. 00'07'22' E. FOR A D~STANCE OF
7G 24 FEET; ~HEHCE RUN S. 89'52'06' E. FOR A 01STANCE OF
~80,57 FEE~: ~x~EHCE RUN S. 00'07'~4" W. FOR A DISTANCE OF
59 24 FEET :t4ENCE RUN S. b9'52'06' E. FOR A DISTANCE OF
~5 ~2 rEE~ TO THE
8
MAR ! ? 199I
.._
EXECUTIVE SUMMARY
REQUEST THE BOARD REVIEW AND APPROVE A I~FI.IND OF A ROAD LMPACT FEE ENI
Tt~ A.MOUN'T OF $4,032.73.
OB,rE--rE:
To have the Board re,,-iew and approve a request from Harvey Brothers Fsrms, Inc. for a Road Impact
Fee refund in the amount of S,~,032.73.
CONSIDERATIONS:
In 1997, Harvey Brothers Farms, Inc. obtained a Building Permit (Permit No. 97-060519) for an office
trailer on their farm.
The or/gNa[ Road Impact Fee calculation was based on office use (1644 SF ~ S24531/1000 SF =
54,032.73). The fee was paid and subsequently .Mr. Harvey contacted Tramportation Sm, ices and
requested that the officw'farm trailer be exempt from Road Impact Fees.
Transportation Services concurs with Mr. Harvey's request that thc traffic gee:crated by the office
trailer should be considered incidental to the overall farming operation other ~han stand-alone office
use. (see attached l~er from Edward J. Ka.at, Sen/or Engineer in the Tramponafion Department).
Ba~ed on the incidental usc of the farm trailer and on the recommendation fi-om the Transportation
Depeatment we request consideration for a refund in ac¢orda,"tce with Section 3.07.B.(1) of the Road
Impact Fee OrdL"tance.
FISCAL I~,IPAC'T:
The amount of the reimbursement will bo $,1,032.73. The transa~on will be: posted as a debit
(decrease in year-to-date receipts) age/mt Road Impact Fe~ R,v~ues, Road Impact Fee District 1
(331).
GROWTH MANAGEMENT LMPACT:
N/A
KECObIM~NDATION:
Recommend the Board review this request ,-md approve a refund to Harvey Brothent Farms, Inc. in the
mount of S4,032.73; the Board authorize slaffto procc.ss the neceasary tramsfers and ~ ~ ch~ck
issued to ttarvey Brothers Farms, Inc. for that amount. AGENDA ITEM
HAR f7
PREPARED BY
.!
· :.'_ (THOMAS E. KUCK, P.E.
PLAN REVIEW MANAGER
DATE
REVIEWED BY:
-'ROBERT J./MULHERE, AICP
~N~S~VICES DEPP~. TMENT DIRECTOR
VI~ENT A. CAUTERO, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
ED ILSCItNER
PUBLIC WORKS ADMINISTRATOR
DATE
DATE
DATE
HARVEY BROTHER REFUND EX SUMMARY/md
September 8, 1997
Mr. Rodney Harvey
Har~,ey Brothers Farms, ]ne.
900 North Logan Boulevard
Naples, FL 34119
Re: Building Permit No. 97-060519
Dear Mr. Harvey:
Thank you for your letter dated August 27, 1997, requesting reconsideration of the road impact fee for the
office trailer on your farm. h was also good to meet you this morning during my site visit·
The imposition and collection of road impact fees is governed by ordinance 92-22, as amended. In that
Ordinance, the County is required to collect the appropriate fee from ,,li cons
which adds traffic to the C ................... traction or use ofproperty
· · . .... ,.r · ,,,,;~zaE ana couec~or roaaway network. The Ordinance is also very clear
~.~..s_e~n_u__me~ranon .of tho.se, ca. ses..where exemptions may be applied for and granted. Unfortunately, the
,.,,,~,,,a,,:c uoes not provme mr ~taffdiscretion in abating a road impact fee.
Given the location of the trailer and the proposed staffing level and use as you explained to me during our
short meeting, we concur that the bulk of the traffic using the trailer is more likely to be considered as
incidental to the overall farming operation rather than as a stand-alone office use. Given the set of facts in
this case, this Department would not object to a petition to the Board of County Commissioners for a rebate
of the fees.
The responsibility for collection of road impact fees lies with the Community Development Services
Division. '~l, te are requesting, by copy of this letter to that Division, that they prepare a request for the
refund in accordance with Section 3.07.B.(i) of the Ordinance. If there are any questions, or if you need
additional information, please contact me at 774-8260.
Very truly yours,
Edward J. Kant, P.E.
Senior Engineer
CC:
David F. Bobanick, Interim Transportation Sen'ices Director
Ed llschner, Public Works Administrator
Tom Kuck, P.E.,. Project Plan Review Director (with backup materials)
1998
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE EXCAVATION PERMrr NO. $9.634 TI3! JACOBSEN
EXCAVATION LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 28 EAST: BOUNDED
ON THE NORTH BY 16th AVENUE NE R/W, ON THE EAST BY GOLDEN GATE CANAL R/W, ON
THE SOUTH BY VACANT LOT AND ON THE WEST BY VACANT LOT.
To issue Excavation Permit No. 59.634 for the Tim Jacobsen Excavation in accordance with County Ordinance
No. 91-102 as amended, Division 3.5.
CONSIDERATIONS:
The petitioner proposes to obtain a commercial excavation permit to allow fill material totaling 18,652 C.Y. to
be hauled off-site.
FISCAL IMPACT:
The fiscal impact to the County is none. The County will realize revenues as follows:
Fund: 113
Agency: County Manager
Cost Center 138900 - Development Services
Revenue generated by this project
Total $964.00
The breakdown is as follows:
a) Excavation Review Fee - $850.00
b) Excavation Permit Fee - $114.00
GROV,"TH bLauNAGEMENT IMPACT:
None.
RECOMMENDATION:
That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.634 for the Tim
1acobsen Excavation with the following stipulations:
The cxc:~vation shall be limited to a bottom depth of 12' below the wet reason water table. All
distributed areas proposed for lake excavation shall be excavated to a minimum depth of 6' below
the cio' season water table.
2 Off-site removal of material shall be subject to "Standard Conditions" imposed by the
Transportation Services Division in document dated 5/24/88 (copy attached).
3. The lake littoral zone shall be created and planted as indicated on the Plan of Record.
4. All prov;sions of Collier County Ordinance No. 913102, Division 33 shall be
5. Groundwater shall not be pumped during the excavating operation.
6. No blasting will be permitted unless issued a separate permit by Collier Count,/Engineering
Review Services.
7. Stockpile side slope shall be at a maximum of 4:1 tmle~ fencing is in~lalled ~tound
entire perimeter of the stockpile area.
8. Any stockpile in place for a period exceeding 60 day~ shall be .seeded and mulched and
erosion control device installed.
9. No excavation permit shall be issued until all impact fees have been paid. These fees will be
determined by Transportation Services Division.
l 0. The excavation operation shall be limited to two years maximum.
PREPARED BY'
ENGINEERING
,- .E.~EN-IOR ENGINEER
REVIEW
~ ~DATE
REVIEWED BY:
/ / ,/
"'~:.TOM KUCK, P,.E,
ENGINEERING REVIEW MANAGER
ROBERT/F. MULHERE, AICP' ,
P~~VIC~NT DIRECTOR
VINCENT A. CAUTERO, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
DATE
DATE
DATE
Permit 1'4o.59.626 EX SUMMa*,RY/S.~'dcn
MAR 1 '7 1998
2
COLLIER COUNTY TRANSPORTATION SERVICES
"STANDARD CONDITIONS"
EXCAVATION PERMIT APPLICATIONS~INVOLVING
OFF-SITE REMOVAL OF MATERIAL
The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of
conditions which may affect their projects and which should be taken into consideration during all
stages of project development:
Haul routes between an excavation site and an arterial mad shall be private with property
owner(s) approval or be a public collector road built to standards applicable to handle the
resulting truck traffic. Where residential areas front collector roads, appropriate nun lanes,
buffer and bikepath shall be required as minimal site improvements and if recommended for
approval, shall be so with the condition that the Transportation Services Administration
reserves the right to suspend or prohibit off-site removal of excavated material should such
removal create a hazardous road condition or substantially deteriorate a road condition; such
action by the Transportation Services Administration shall be subject to appeal before the
Board of County Commissioners.
Haul routes utilizing public roads shall be subject to road maintenance and road repair or an
appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-I02
as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64.
Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road
Impact Ordinance). A traffic and road impact analysis shall be made by the County to
determine the effects that off-site removal of excavated material will have on the road
system within the excavation project's zone of influence. If appropriate, road impact fee~ in
accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation
permit. ·
The Transportation Services Administration rezervea the right to establish emergency weight
limits on public roadways affected by the off-site removal of excavated material; the
procedure for establishment of weight limits shall be the presentation of an applicable
resolution before the Board of County Commissioners. Should weight limits be ir~tituted,
the perrniuee shall be responsible to impIement meazure, to assun: that all heavy truck
loadings leaving the permit's property conform to the applicable weight restriction.
Thc Excavation Performance Guarantee shall apply to excavation operationa and aim thc
maintenance/repair of public roads in accordance with em'rent ordinancea and applicable
permit stipulations.
EX]-II'~ IT "B"
Page One of Two
1 7 1998
,
o
Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit
may be appropriate. Should a blasting permit application be submitted and should
residential areas exist within one mile of the excavation site, the County reserves the fight to
deny a blasting permit based on concerns for off-site impacts from blasting at an excavation
site. Should a blasting permit be considered and approved, the minimum conditions of
approval in addition to conditions per Ordinance No. 91-102 as amended are as follows:
Ao
Structure inventory/monitoring and applicable property owner release as required by
the Development Services Director.
B. Security bond applicable to private property damage acceptable to the County.
Control of size/depth/number of charges per blast by the Development Services
Director.
Do
The right of the County to suspend and/or revoke blv. sting permit authority should it
be determined that blasting activities are creating unacceptable off-site conditions
either in terms of private property damage and/or related physical effects of blasting
operations.
No excavation permit shall be issued until receipt of a release from the Transportation
Services Administration applicable to proper mitigation of off-site impacts, meeting of
applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No.
91 - 102 as amended.
Reference to letter of 5/24/88
Revised I/I 3/98
Page Two of Two
MAR 1 7 1998
;0
APPOINTMENT OF A REPRESENTATIVE TO THE SOUTHWEST ISSUES GROUP (SWIG) OF THE
GOVERNOR'S COMMISSION FOR A SUSTAINABLE SOUTH FLORIDA.
OBJECTIVE: To have the Board of Count7 Commissioners approve the appointment of a representative
and an alternate representative to the Southwest Issues Group (SWIG).
CONSIDERATIONS: The Governor's Commission for a Sustainable South Rodda was created by
Executive Order in April of 1994 and established to make recommenda~ons for both achieving a
sustainable Everglades Ecosystem and a prosperous economy in south Florida. The Commission
released an ini,"ial report in October 1995 and a conceptual plan for the comprehensive review study of the
central and south Florida flood control system in September 1996.
Following completion of the conceptual plan, the Commission began work to identify areas not addressed
adequately in their initial report As a result, the Commission created SWIG to consider environmental,
economic, and social issues and to make recommendations for promoting sustainability in the area.
The swIG is staffed by the Southwest Florida Regional Planning Council and is co-chaired by Robert
Duane, AICP, of Hole, Montes and Associates and Jim Mudey, Secretary of the Flodda Department of
Community Affairs. The group meets monthly in the Southwest Flodda Region.
On June 16, 1997, Richard Pettigrew, Chairman of the Sustainable Commission, wrote to the Board and
invited the Count~, Commission to designate a representative to participate on the SWIG. Additionally,
Bonnie Kranzer, Ph.D., AiCP, Executive Director of the Sustainable Commission, wrote a letter to then
Chairman Hancock dated November 25, 1997, reiterating the Sustainable Commission's work and the
work of the SWIG. Finally, at the February 2 SWIG meeting, Wayne Dai'o'y, AICP, Executive Director of the
SWRPC, asked ;,f Collier County had appointed a representative to the SW1G.
Staff has atlend,?.d these meetings in the past and plans to continue attending future meetings to ensure
proper representation for Collier Coun~ and to secure voting privileges. It is recommended that the
Ccunh' appoint a representative and an alternate to the SWIG. Commissioner Mac'Kie was appointed to
the Sustainsble Commission. Due to this appointment, it is appropriate to appoint Commissioner Mac'Kie
to the SWIG. Since Vincent A. Cautero, AiCP, Administrator of Community Development and
Environmental Services, has been attending the SWIG meetings, it is appropriate for the Board to appoint
him as the alternate (or Commissioner Mac'Kie's designee if she cannot attend meetings}.
GROWTH MANAGEMENT IMPACT; The SWIG will be discussing many issues that may impact Collier
Coun.h/'s Growth ,Management Plan including, but not limited to, the Environmental Impact Statement that
will be undertaker~ by the U.S. Army Corps of Engineers. All issues discussed will be analyzed to
determine consistency with our Plan and potential impacts.
FISCAL IMPACT; Travel costs to and from meetings can be absorbed by existing budgets. No additional
~scal impacts are anticipated.
MAR 1 ? 1998
RECOMMENOATION: That the Board of Count'/Commissioners appoint Commissioner Pamela Mac'Kie
as the official county representative to the Southwest Issues Group and Vincent A. Cautero, NCP, as
alternate (designee).
PREPARE~Y:
~ nc ~t~A./~C~P/, 'A~ mi ni~
Community Development and Environmental Services
REVIEWED BY:
Robed F. Fernandez, County Administrator
DATE:
~XEC~rr~v~
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "GLEN EDEN, PHASE
ONE"
OBJECTIVE:
To approve for recording the final plat of "Glen Eden, Phase One", a
subdivision of lands located in Section 9, Township 48 South, Range
25 East, Collier County, Florida.
CONSIDERATION:
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of "Glen Eden,
Phase One". These documents are in compliance with the County Land
Development Code and Florida State Statute No. 177. All fees have
been paid. it is the intent of the developer to record the plat
prior to construction of the improvements. The security in the
amount of 110% of the total cost of the required improvements is
being covered by construction, maintenance and escrow agreement.
This would be in conformance with the County Land Development Code -
Division 3.2.9.
Engineering Review Section recommends that the final plat of "Glen
Eden, Phase One" be approved for recording.
FISCAL IMPACT: The fiscal impact to the County is as follows.
The project cost is $361,351.00 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a} Water & Sewer $160,039.00
b) Drainage,
Paving, Grading - $201,312.00
The Security amount, equal to 110% of the
project cost, is $397,486.10
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: $7,214.64
MAR 1 ? 1998
Executive Summary
Glen Eden, Phase One
Page 2
Fees are based on a construction estimate of
$361,351.00 and were paid in December, 1997.
The breakdown is as follows:
a) Plat Review Fee ($425.00 + $4./ac) -$ 591.56
b)
c)
Paving, Grading (1.275% const, est.)
GROW~ M~AGE~N~f IMPACT:
Construction Drawing Review Fee
Water &
Sewer (.50% const, est.) o$ 800.20
Drainage,
Paving, Grading (.425% const, est.)-$ 855.57
Construction Inspection Fee
Water &
Sewer (1.5% const, est.) $2400.59
Drainage,
- $2566.72
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
RECOMP{ENDATiON:
That the Board of County Commissioners approve the Final Plat of
"Glen Eden, Phase One" with the following stipulations:
Accept the construction, maintenance and escrow agreement as
security to guarantee completion of the subdivision
improvements.
o
Authorize the recording of the Final Plat of "Glen Eden,
Phase One."
Authorize the Chairman to execute the attached construction
and maintenance agreement.
That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
MAR 1 7 1998
Executive Summary
Glen Eden, Phase One
Page 3
PREPARED BY:
John R. Houldsworth, Senior Engineer
Engineering Review
REVIEWED BY:
Thomas E. Kuck, P.E.
Engineering Review Manager
Rgbert Mulhere
ervicas D i~~
Vincent A. Cautero, Admini~_~
Community Development & Environmental Services
Community Dev. and Environmental Svcs. DIVISION
JRH/ew
Date
Date
Date
Date
MAR 1 1' 1998
AGEHDAJTEM ~.
NQ. ~
15:31
COASTAL ENGItJEERING COil5 INC ID=l 941 643 2324
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS AGREEMENT entered into this 16th day of January, 1998 by REVCO/GE Joint Venture,
a Florida general partnership (hereinafter "Developer"), THE BOARD OF COUqq'TY
COMM'ISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter "The Board) and BARNETT
BANK, N.A. (hereinaRer "Lender").
RECITALS:
A. Developer has, simultaneously with the deliver)' of this Agreement, applied for the
approval by the Board of a certain plat of a subdivision to be known as Glen Eden.
B. The subdivision will include certain improvements which are required by Collier County
ordinances, as set for'& in a site construction cosi estimate ("Estimate") prepared by Coas~ Engineering
Consultants, Inc., a cop3' of which is attached hereto and incorporated herein as Exhibit 1. For purposes
of this Agreement, the "Required Improvements" are limited to those described in the Estimate.
C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the
Unified Land Development Code requires the Developer to provide appropriate guarantees for the
consu'uction and maintenance of the Required Improvements.
D. Lender has entered into a construction loan agreement ~a4th Developer dated January 16,
998 (the "Construction Loan"), and incident thereto caused Developer to deposit funds with Lender in
an amount sufficient to fund the cost of the Required Improvements.
E. Developer and the Board have acknowledged that the mount Developer is required to
guarantee pursuant to this Agreement is $398,200, and this mount repre~nts 110% of the Developer's
engineer's estimate of the construction costs for the Required Improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer, the Bo~d and the Lender do hereby covenant and agree as follows:
Developer will cause the water, sewer, roads, drainage and like facilities, the Required
Improvements, To be construmed pursuant to specifications that have been approved by the
Development Services Director with. in six (6) months from the date of approval of said
subdivision plat.
Developer hereby authorizes Lender to hold funds Developer has this date deposited with Lender
in the amoun! of $398,200, in escrow, pursuant to the terms of this Agreement.
Lender agrees to hold Developer's funds in the amount of $398,2.00 in escrow, to be disbursed
only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute
a draw against the Construction Loan fund. nor the Loan Monies.
The escrowed funds shall be released to the Developer only upon written approval of the
Development Services Director who shall approve the release of the funds on deposit not more
MAR 1 ? '1998
lb:b2 ~JOA~f'FAL ENGINEERING COHS [NC ID"I 941 643 22324
than once a month to thc Developer, in amounts due for work done to date based on the
percentage completion of the work multiplied by the respective work costs less ten percent (10%);
and further, th. at upon completion of the work, the Development Services Director shall approve
the release of any remainder of escrowed funds except to the ex'tent of $395,200 which shall
remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a
minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the
event that Developer shall fail to comply with the requirements of this Agreement, then the
Lender agrees to pay to the County immediately upon demand the balance of the f-ands held in
escrow by the Lender, as of the date of the demand, provided that upon payment of such balance
to the County, the County will have executed and delivered to the Lender in exchange for such
funds a statement to be signed by the Development Services Director to the effect that:
Developer for more than sixty (60) days after written notification of such failure
has failed Io comply with the requirements of this Agreement;
The County, or its authorized agent, will complete the work called for under ',he
terms of the abave-mentioned contract or will complete such portion of such work
as the County, in its sole discretion shall deem necessary in the public interest to
the extent of the funds then held in escrow;
(c)
T'ne escrow funds drawn down by the Count3' shall be used for construction of the
Required Improvements, engineering, legal and contingent costs and expenses,
and to offset any damages, either direct or consequential, which the County may
sustain on account of the failure of the Developer to carry out and execute the
above-mentioned development work; and,
(d)
The Count)' will promptly repay to the Lender any portion of the funds drawn
down and not expended in completion of the said development work.
Written notice to /he Lender by the County specifying what amounts are to be paid to the
Developer shall constitute authorization by the County lo the Lender for release of the specified
funds to the Developer. Payment by the Lender to the Developer of the amounts specified in a
letter of authorization by the County to the Lender shall constitute a release by the County and
Developer of the Lender for the funds disbursed in accordance with the letter of authorization
from the County.
The Required Improvements shall not be consfdered 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 Subdivision Regulations.
The Development Services Director shall, within sixty (60) days of receipt of the statement of
substantial completion, either: a) notify the Developer in writing of his preliminary approval of
the improvements; or b) notify the Developer in writing of his refusal to approve the
improvements, therewith specifying those conditions which the Developer must fulfill in order
-9.
MAR I 7 1998
PO. ~:~
03-09-9~
15:32 COASTAL
ENGINEERING CONS INC ID~I
941 643 2G24
P.06
to obtain the Director of the R.equ~ed Improvcraents. However, in no event shall thc
Development Services Director refuse preliminary approval of the improvem~ts if th~ are in
fact constructed and submitted for approval in accordan~ with thc requirements of this
Agreement.
Should the funds held in escrow be insufficient to complctc thc Required Improvements, the
Board, after duly considering the public interest, may at it~ option complete the Required
Improvements and resort to any and all legal remedi~ against the Developer.
Nothing in this Agreement shall make the lender liable for any funds other than those placed on
deposit by the Developer in accordance with the foregoing provisions; provided, that the Lender
docs not release any monies to the Developer or to any other person except as stated in this
Escrow Agreement.
I0.
The Developer shall maintain all Required Improvements for one year after prelLm_ _inary approval
by the Development Services Director, After the one year maintenance period by the Developer
and upon submission ora written request for inspection, the Development Services Director shall
inspect thc Required Improvements and, if found to be still in compliance with the Code as
reflected by final approval by the Board, the Lender's responsibility to the Board under this
Agreement is tc~.finatcd. The Developer's responsibility for maintenance of the Required
Improvements shall continue unless or until the Board aex:cpts maintenance responsibility for and
by thc County,
11.
All of the terms, covenants and conditions herein cohtained are and shall be binding upon thc ~
respective successors and assigns ofthe Developer and ~.
IN WITN'-ESS WHEREOF, thc Board and thc Developer have caused this Agreement to be
executed by their duly authorized representatives this_ _ day of ,199g.
SIGN-ED,/~ ' J--£.5~ AND.I)JELIVEKED IN
THEP ' 1~ F:
Pr~nf-ed~[ Typ :d N~trp.._~'
Printed or Typed Name -...,-,. v - ~ ~
(Corporate Seal)
REVCO/GE $oint Ventuno, a Florida gener~l
partnersMp
Holdings, Inc., a Florida eorl~ration,
itself a gc'n~tl partner
-3-
AG F.J',I~)A~T£ M x --
MAR i 7 1998
15:33 COASTAL ENGINEERING CON5 INC ID-i 941
643
2~24
P-07
~IT 1
ENGI3VEER'S COST KSTIMATE SUI~Y
S 42,494
$11'7,545
$ 44,$12
$156.g00
5'361,351
$362,OOO
~; 36.200
MAR 1 7 1998
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS AGREEblENT entered into this 16th day of January, 1998 by REVCO/GE Joint Venture,
a Florida general partnership (hereinafter "Developer"), THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter "The Board) and BARNETT
BANK, N.A. (hereinafter "Lender").
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board ora certain plat of a subdivision to be known as Glen Eden.
B. The subdivision will include certain improvements which are required by Collier County
ordinances, as set forth in a site construction cost estimate ("Estimate') prepared by Coastal Engineering
Consultants. Inc.. a copy of which is attached hereto and incorporated herein as Exhibit 1. For purpo, ses
of this Agreement. thc "Required Improvements" are limited to those described in the Estimate.
C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier Count,,, Subdivision Code Division of the
Unified Land Development Code requires the Developer to pro~.'ide appropriate guarantees for the
construction and maintenance of the Required Improvements.
D. Lender has entered into a construction loan a~,reement with De,.'eloper dated Januar`.' 16.
1998 (the "Construct/on Loan"). and incident thereto caused~Developer to deposit funds ,.',5th Lender in
an amount sufficient to fund the cost of the Required Improvements.
E. Developer and the Board have acknowledszed that the amount Developer is required to
guarantee pursuant to this ,Agreement is 5398.200, and this amount represents 110% ofthe Developer's
engineer's estimate of the construction costs for the Required Improvements.
NO\V, THEREFORE. in consideration of the foregoing premises and mutual co','enants
hereinafter set forth. De,.'elopcr, the Board and the Lender do hereby covenant and agree as follows:
Developer `.,.'ill cause the water, sewer, roads, drainage and like facilities, the Required
Improvements, to be constructed pursuant to specifications that have been approved by the
Development Services Director within six (6) months from the date of approval of said
subdivision plat.
Developer hereby authorizes Lender to hold funds Developer has this date deposited v.-ith Lender
in the amount of 5398.200. in escrow, pursuant to the terms of this Agreement.
Lender agrees to hold Developer's funds in the amount of $398.200 in escrow, to be disbursed
only pursuant to this Agreement. Lender acknowledges that this'Agreement shall not constitute
a draw against the Construction Loan fund. nor the Loan Monies.
The escrowed funds shall be released to the Developer only upon wfitten approval of the
Development Sen'ices Director `.`.'ho shall approve the release of the funds on deposit not more
Oil\ a,p IJ9il6 I
MAR 1 ? 1998
than once a month to the Developer, in amounts due for work done to date based on the
percentage completion of :he '`york muhiplicd by the respective work costs less ten percent
and further, that upon completion of the work, the Development Sep,'ices Director shall approve
the release of an',' remainder of escrowed funds except to the extent of $398,200 which shall
remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a
minimum period of one (1) .,,'ear pursuant to Paragraph 10 of the Agreement. ttov, ever, in the
event that Developer shall fail to comply with the requirements of this Agreement, then the
Lender agrees to pay' to the Count)' immediately upon demand the balance of the funds held in
escrow b.v the kender, as of the date of the demand, provided that upon payment of such balance
to the County, the Count)' ,.','ill have executed and delivered to the Lender in exchange for such
funds a statement to be signed by the Development Services Director to the effect that:
(ay
Developer for more than sixty (60) days after wfinen notification of such failure
has failed to comply with the requirements ofthis Agreement;
~b)
The Count>', or its authorized agent, ,,viii complete the ,.york called for under the
terms of the above-mentioned contract or '`'`'ill complete such portion of such xvork
as the Count'. in its sole discretion shall deem necessary in the public interest to
the extent of the funds then held in escrow;
The escrov.' funds drawn down by the County shall be used for construction oft.he
Required lmpro`.'ements, engineering, legal and contingent costs and expenses.
and to offset an',' dam,..-,_es, either direct or consequential, which the Count:' ma"
sustain on accotmt of the failure of the Developer to can3.' out and execute the
above-mentioned de`.'elopment work; and.
Count,,' ,.'`'ill promptl.v repay to the Lender an)' portion of the funds dra,.vn
dox`. n and not expended in completion of the said development work.
\",'ritten notice to the Lender by the County' specifying ,,,,'hat amounts are to be paid to the
Developer shall constitute authorization by the County to the Lender for release of the specified
funds to the Developer. Payment by the Lender to the Developer ofthe amounts specified in a
letter of authorization by the Count.,,' to the kender shall consti,"ute a release by the Count)' and
Developer of the Lender for the funds disbursed in accordance with the letter of authorization
from ~he Count'`'.
The Required h'nprovements 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 revie',ved and approved by the Development Sen'ices Director for compliance with the Collier
Count>' Subdivision Regulations.
The Development Services Director shalJ, v, ithin sixty (60) days of receipt of the statement of
substantial completion, either: a) notify the Developer in writing ofhis preliminary approval of
the improvements; or b) noti>' the Developer in writing of his refusal to approve the
improvements, therewith specif'ying those conditions which the Developer must fulfill in order
MAR 1 7 1998
to obtain the Director of the Required Improvements. However, in no event shall the
Development Services Director refuse preliminary approval of the improvements ir'they are in
fact constructed and submitted for approval in accordance with the requirements of this
Agreement.
Should the funds held in escrow be insufficient to complete the Required Improvements, the
Board, after duly considering the public interest, may at its option complete the Required
Improvements and resort to any and all legal remedies against the Developer.
Nothing in th/s Agreement shall make the Lender liable for any funds other than those placed on
deposit by the Developer in accordance with the foregoing provisions; provided, that the Lender
does not release any monies to the Developer or to any other person except as stated in this
Escrow Agreement.
10.
The Developer shall maintain all Required Improvements for one year after preliminary approval
by the Development Services Director. After the one year maintenance period by the Developer
and upon submission ora ,,vfitten request for inspection, the Development Services Director shall
inspect the Required Improvements and, if found to be still in compliance with the Code as
reflected by final approval by the Board, the Lender's responsibility to the Board under this
Agreement is terminated. The Developer's responsibility for maintenance of the Required
Improvements shall continue unless or until the Board accepts maintenance responsibility for and
by thc County.
11.
All of the terms, covenants and conditions herein contained are and shall be binding upon the ~
respective successors and assigns of the Developer and I.~--,Zer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
executed by their duly authorized representatives this ~ day of ,1998.
SIGNED,~$~-ALE/D, AND...DELIVERED IN
THE PR:ESEN%OF: /
Prin~d o~'Typed Name
Printed or Typed Name
(Corporate Seal)
REVCO/GE Joint Venture, a Florida general
partnership
By:
Holdings, Inc., a Florida corporation,
itselfa general partner
OIl'.AP' 139116.1
-3-
LENDER:
(Corporate Seal)
BARNE.TT BANK, N.A., a ~tional banking
corporation ,: .
Michael Rinal~ti~ ~
Vice President
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
BOARD OF COUNTY CO~&-MISSION'ERS
OF COLLIER COUNTY, FLORIDA
By:
Chairman
Approved as to form and legal sufficiency:
!:,
,.;9: David Weig;:l
: '-'- i:2ounty Anomey
QB N.&P',139116.1
-4-
MAR 1 7 1998
EXITr~IT 1
ENGL'N'EER'S COST ESTh-~IATE SIJ~L'~,L&RY
I. Potable Water System
12. Sanitary Sewer System
1212. Drainmge
IV. Pavin~ Concrete, lVrusce[laneous
Subtotal
Total (rounded to nearest $1,000)
10% of To~
~ 110% Letter of Credit amount=
$ 42,494
$117,.54.5
$44,512
$156,800
$361,351
S362,000
$ 36.2C,0
:S398~200
1998
EXECUTIVE SUMMARY
APPROVE A COOPERATIVE AGREEMENT WITH THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT FOR THE MAINTENANCE AND OPERATION OF THREE
REPLACEMENT BRIDGES AT BAY WEST NURSERY, ROSE LANE AND NURSERY LANE OVER
THE COCOFIATCHEE CANAL ,,,
OBJECTIVE: To present an Agreement to the Board for the maintenance and operation of three new
Bridges to be designed and constructed by the South Florida Water Management District (the District) at
Bay West Nursery, Rose Lane and Nursery Lane over the Cocohatchee Canal as part of an ongoing District
canal improvement project.
CONSIDERATIONS.:. Thc District is in the process of widening and deepening the Cocohatchee Canal to
improve both flow characteristics for conveyance and retention/detention characteristics of the waterway.
As part of this ongoing project, the District has replaced the old structures over the canal at Bay West
NurseD', Rose Lane and Nursery Lane. The new bridges are "Con-Span" type pre-cast concrete structures.
The District has requested that the County assume responsibility for the operation and maintenance of the
new structures in exchange for granting right-of-way permits at these three locations.
The Counp,,' will benefit from the new bridges in that a new District right-of-way permit will be issued to
the County for the operation and maintenance of the structures. This right-of-way permit will allow the
County to maintain and opcrate both the bridge structures and the roadway approaches to the bridges
without having to obtain site-specific permission each time some maintenance operation is to be
performed. In addition, the new structures are anticipated to have significantly lower maintenance costs
than the old ones.
Staff has reviewed the District's request and finds that the execution of the Agreement will be in the public
interest and will permit a safer operating condition at the existing intersections as a consequence of the new
bridge geometr)'. Sial,c recommends that the Board execute the Agreement.
FISCAL IMPACT: No additional funding is sought for the implementation of the provisions of this
Agreement. Annual operating and maintenance costs are available in Fund 106, MSTD Road district 5.
GROW'[H MANAGEMENT IMPACT_: N/A
RECOMMENDAT!..O. NS; The Board approve thc Agreement; authorize the Road and Bridge Section of
t~ Transportation Services Department to oly:rate and maintain the new bridge structures.
PREPARED BY:~~ ~?~ffior Engineer
DaZvl:l F: Bo~al~c"k, Transportation Servi~'s Director
Ed llschner, Public Works Administrator
Attachments: No. 1 - Proposed Cooperative Agreement
HAR 1 7 1998
C-8337
INTER-LOCAL AGREEMENT
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY
ORIGINAL
This AGREEMENT is entered into on .... 1998, between "the Parties," the South
Florida Water Management District, public corporation of the State of Florida ("DISTRICT").
and Collier Count)', a political subdivision of the State of Florida ('qZOUNTY").
writ'ESS ETH THAT:
WHERE~S, 'he DISTRICT is a public corporation of the State of Florida, created by the Florida
Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida
Statutes to include entering into contracts with public agencies, private corporations or other
persons; and
WHEREAS, the DISTRICT is planning to replace three canal crossing structures on the
Cocohatchee Canal at Rose Boulevard, Nursery Lane and at the western property limit of the Bay
West Nursery along County Road 846 in Collier County, Florida ("the Canal Crossings"); and
WHEREAS, improved canal crossings are needed to enhance the conveyance capacity of the
canal for improvement of flood protection measures for public welfare; and
WHEREAS, the COUNTY' is responsible for providing safe transportation needs to the residents
of Collier County, and operates and maintains the secondary and arterial road accesses to the
major road networks; and
WHEREAS, the Parties have identified the responsibilities of each party in relation to the
construction and subsequent operation and maintenance of the said crossings; and
WHEREAS, the COUNTY rcpresents that it is qualified and willing to provide said operation
and maintenance services; and the DISTRICT wishes to enter into an AGREEMENT with the
COUNTY; and
WHEREAS, the COUNTY warrants and represents that it has no obligation or indebtedness that
would impair it:; ability to fulfill the terms and conditions of this AGREEMENT; and
Contract No. C-8337, Page I of 6
ACHMENT HO., ? ~AR ! ? 1998
IPACE / OF 3'" -._ a ,, _
WHEREAS, the Governing Board of the DISTRICT, at its February 12, 1998 meeting, has
awarded this AGREEMENT to the COUNTY.
NOW THEKEFOKE, the DISTRICT and the COUNTY, in consideration of the mutual benefits
flowing from each to the other, do hereby agree as follows:
1.1
1.2
ARTICLE 1 - STATEMENT OF WORK
The DISTRICT shall, to the satisfaction of the COUNTY, complete construction of the
Canal Crossings. Subsequent to the construction and the COUNTY'S written notice of its
inspection of the Canal Crossings, the COUNTY shall perform operations and
ma/ntenance of the Canal Crossings in accordance with the CO.UNTY'S ongoing road and
bridge maintenance plans and attached Exhibit "A-I" Statement of Work.
It is the intent and understanding of the Parties that this AGR£FMENT is solely for the
benefit of the COUNTY and the DISTRICT. No person or entity other than the COUNTY
or the DISTRICT shall have any rights or privileges under this AGREEMENT in any
capacity whatsoever, either as third-party beneficiary or othe~vise.
ARTICLE 2 - TERM OF TIlE AGREFMENT
The period of performance of this AGREFaMENT shall commence on the date of this
AGREEMENT and continue until the DISTRICT has provided a Bill of Sale to the
COUN'IY.
2.2
The DISTRICT assumes no duty. for supervision of the COUNTY. The DISTRICT
provides no warranties, either express or implied, to the COUNTY or any other persons
c,' entities as to the design, engineering and construction of the Canal Crossings. The
provisions of this section shall survive the termination or expiration of this
A GREEM. ENT.
3.1
ARTICLE 3 - PROJECT MANAGEblENT/'NOTICE
The Project Manager for the DISTRICT is Clarence S. Tears, Jr., Director, Big Cypress
Basin, at 6167 Janes Lane, Naples, FL 34109, telephone (941) 597-1505. The Project
Manager for the COUNTY is Edward J. Kant, P.E., at Collier County, Count),
Government Center, 3301 Tamiami Trail East, Naples, FL 34112, telephone (941) 774-
8494. The Parties shall direct all matters arising in connection with the performance of
this AGREEMENT, to the attention of the Project Managers for attempted resolution or
action. The Project Managers shall be responsible for overall coordination and oversight
relating to the performance of this AGREEMF2qT.
Contract No. C-8337. Page 2 of 6
ATTACHMENT NO._ / _,.
PAGE ~ , OF ?
MAR 1 7 1998
ln.
3.2
Ail notices, demands, or other communications to the COUNTY under this
AGREEMENT shall be in writing and shall be deemed received if sent by certified mail,
return receipt requested, to:
Collier County Transportation Services Dept.
Attn: E.J. Kant, P.E.
County Government Center
3301 Tamiami Trail East
Naples, FL 34112
All notices to the DISTRICT under this AGREEMENT shall be in writing and sent by certified
mail to:
4.1
Big Cypress Basin
Attn: Clarence S. Tears. Jr.
South Florida Water Management District
6167 Janes Lane
Naples, FL 34109
The COUNTY shall also provide a copy of all notices to the DISTRICT'S Project
Manager. All notices required by this AGREEMENT shall be considered delivered upon
receipt. Should either party change its address, written notice of such new address shall
promptly be sent to the other part),.
Ali correspondence to the DISTRICT under this AGREEMENT shall reference the
DISTRICT'S Contract Number C-8337.
ARTICLE 4 - INDEMNIFICATION AND INSURANCE
Regardless of the provisions of Article l, the COUNTY assumes any and all risks of
personal injury, bodily injury and property damage attributable to the negligent acts or
omissions of the COUNTY and the officers, employees, servants and agents thereof. The
COUNTY. as a subdivision of the state, warrants and represents that it is self-funded for
liability insurance, or has liability insurance, both public and property, with such
protection being applicable to the COUNTY officers, employees, servants and agents
while acting within the scope of their employment with the COUNTY. The COUNTY and
the DISTRICT further agree that nothing contained herein shall be construed or
interpreted as (1) denying to either party any remedy or defense available to such party
under the laws of the State of Florida; (2) the consent of the State of Florida or its agents
and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida
beyond the waiver provided in Section 768.28, Florida Statutes.
Contract No. C-8337, Page 3 of 6
AI'I'ACHMENI' NO.,
PAGE ~'
NAR 1 7 1998
ARTICLE 5 - TERMINATION/REMEDIE'~$
5.1
5.2
If either party fails to fulfill its obligations under this AGREEMENT in a timely and
proper manner, the other party shall have the right to terminate this AGREEMENT by
giving written notice of any deficiency. The party in default shall then have ten (10)
calendar days from receipt of notice to correct the deficiency. If the defaulting party fails
to correct the deficiency within this time, this AGREEMENT shall terminate at the
expiration of the ten (10) day time period.
If either party initiates legal action, including appeals, to enforce this AGREEMENT, the
prevailing pan.,,, shall be entitled to recover a reasonable attorney's fee, based upon the
fair market value of the services provided.
6.1
ARTICLE 6 - STANDARDS OF COMPLIANCE
The COUN'IT, its employees, subcontractors or assigns, shall comply with all applicable
federal, state, and local laws and regulations relating to the performance of th~s
AGREEMENT The DISTRICT undertakes no duty to ensure such compliance, but
attempt to advise the COUNTY, upon request, as to an)' such laws of g'hich it has present
knowledge.
6.2
The laws of the State of Florida shall govern all aspects of this AGREE.XlENT. In the
event it is necessao, for either part',' to initiate legal action regarding this AGREF_MENT.
venue shall be in the Twentieth Judicial Circuit for claims under state la',,,' and m the
Southern District of Florida for any claims which are justiciable in federal court.
7.1
7.2
ARTICLE 7 - GENERA L PROVISIONS
Notwithstanding any provisions of this AGREEMENT to the contrary, the Parties shall
not be held liable for an3, failure or delay in the performance of this AGREEMF, NT that
arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe
weather, outbreak of war. restraint of Govern,nent. riots, civil commotion, force majeure.
act of God, or for any other cause of the same character which is unavoidable through the
exercise of due care and beyond the control of the Parties. ~
A key element of the DISTRICT'S mission is environmental protection and enhancement.
In furtherance of this mission:
A. The DISTRICT encourages the COUNTY to use recycled paper for all repons, notices
and correspondence, which are prepared as pan of this AGREEMENT. All repons
generated in connection with this AGREEMENT shall be printed on both sides of the
paper on which it is prepared. The DISTRICT further encourages the COUNTY to
purchase recycled paper for use in its operations if recycled paper is reasonably cost
Contract No. C-8337, Page 4 of 6
ATTACHMENT NO. /
PAGE 4- _OF 7'
HAR I 7 1998 I
7.3
7.4
7.5
7.6
7.7
7.8
competitive with virgin paper, "Reasonably cost competm e means that recycled paper
is no more than 10 percent more expensive than the alternative.
B. The DISTRICT encourages the COUNTY to preserve and protect the environment and
to conserve natural resources by promoting energy, water, and refuse conservation
programs.
In the event an,',' provisions of this AGREEMENT shall conflict, or appear to conflict, the
AGREEMENT. including all exhibits, attachments and all documents specifically
incorporated by reference, shall be interpreted as a whole to resolve any inconsistency.
Failures or waivers to insist on strict performance of any covenant, condition, or provision
of this AGREEMENT by the Parties. their successors and assigns shall not be deemed a
v.,aiver of any of its rights or remedies, nor shall it relieve the other party from
performing an,'.' subsequent obligations strictly in accordance with the terms of this
AGREEMENT No waiver shall be effective unless in writing and signed by the party
against whom enforcement is sought. Such waiver shall N: limited to provisions of this
AGREEMENT specifically referred to therein and shall not be deemed a waiver of any
other provision. No waiver shall constitute a continuing waiver unless the writing states
otherwise.
Should an)' term or provision of this AGREEMENT be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term hereof, by
force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity
shall no,'. affect any other term or provision of this AGREEMENT, to the extent that the
AGREEblENT shall remain operable, enforceable and in full force and effect to the
extent ?ermitted by law.
This AGREEMENT may be amended only with the written approval of the Parties.
The captions of articles and paragraphs of this AGREEaMENT are for convenience only
and do not limit or amplify the covenants and conditions of this AGREEMENT.
This AGREEMENT states the entire understanding and agreement between the Parties and
supersedes any and all written or oral representations, statements, negotiations, or
agreeme,'~ts previously existing between the Parties with respect to the subject matter of
this AGREEMENT. The COUNTY recognizes that any representations, statements or
negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a
contractual relationship unless they have been reduced to writing and signed by an
authorized DLqTRICT representative. This AGREEMENT shall inure to the benefit of
and shall be binding upon the Parties, their respective assigns, and successors in interest.
Contract No. C-8337. Page 5 of 6
I AIIACHMEI~I NO./
PAGE ~ OF ~
1998
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this
AGREEMENT on the date first written above.
LEGAL FORM APPROVED
y~ OF'FlCE OF COUNSEL
D^,~:_. / -/~/-?f
SOUTH FLORIDA WATER MANAGEMENT
DISTRICT, BY ITS GOVERNING BOARD
Deputy Exe'ct~tive~)i rector
APPROVED AS TO FORM
& LEGAL SUFFICIENCY:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Thomas C. Palmer
Assistant County Attorney
By:
Title:
Chairman
ATFEST:
DWIGHT E. BRO~, CLEM
Contract No. C-8337. Page 6 of 6
IATTACHMENTNO. /
~E ~ , OF m,~ ?
Exhibit "A-I"
STATEMENT OF WORK
1.1
The objectives of this contract are to provide for the ownership, operations, and
maintenance of three bridges crossing the Cocohatchee Canal in Collier County,
Florida. These bridges are Bay West, Nursery Lane, and Rose Boulevard.
1.2 Scope of Services
Task 1 -
Construction
The District shall construct three bridges on the Coeohatchee Canal in Collier County
according to the attached plans. Contract drawings bear the following general title:
Cocohatchee Canal Bridges - Bay West Nursery, Nursery.Lane and Rose Boulevard.
The drawings are filed under Drawing No. BCB-FEMA-100.
Task 2 -
Inspection
After construction, the County shall inspect the bridges and provide written approval
and acceptance of the bridges to the District. The District will provide a Bill of Sale to
the County at no cost to the County. The County will assume ownership of these
bridges.
Task 3 -
Right of Way Permit
The County shall apply for a right-of-way permit for the three bridges constructed in
Task 1. The application fee may be waived.
Task 4 -
Operations and Maintenance
The County shall perform operations and maintenance of the canal crossings in
accordance with the county's on-going road and bridge operations.
1998
EXECUTIVE SUMMARY
RECOMMENDATION FOR THE ADDITION OF
EQUIPMENT TO THE AUCTION LIST SCHEDULED FOR
MARCH 21, 1998.
OBJECTIVE; That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District approve the
addition of four (4) Auto Crane hoists to the list for the County Auction
scheduled to take place on March 21, 1998.
CONSIDERATION:
1. These four (4) hoists were purchased in order to service pumps within the
Wastewater Collection System. As a result of continuous use, they have
reached the condition of needing to be replaced in order to continue
servicing the system pumps. Funds for replacement were budgeted for and
approved in the present fiscal year budget and replacements have been
purchased and are now in use.
2. The Board has previously approved the surplus equipment list for
auction. These items were not part of the original list as the replacement
hoists were not in place at the time the list was created. As a result, staff
now neecLs the Board's approval to add these items to the surplus equipment
list for the upcoming auction.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT.: None.
lIAR 1 ? 1998
, I~.~ I
RECOMMENDATION: That the Board of County Commissioners, Ex-
Officio the Governing Board of the Collier County Water-Sewer District
approve the addition of four 94) Auto Crane hoists to the list for the County
auction scheduled to take place on March 21, 1998.
PREPARED BY: ~,....~_.'/.~/.. C~.~ Date: __~'. ,/-
David Chronister, Collections Supervisor
REVIEWED BY:-...:.x,-,,.A\,.: . \.
Timothy L.~Clemons, Wastewater Director
Steph~n Y. Camell, Purchasing Direc-~or
APPROVED BY~ Date:
Ed llschner, Public Works Administrator
Consent Agenda: 3/17/98
EXECUTIVE SUMMARY
COOPERATIVE AGREEMENT WITH BIG
SOUTH FLORIDA WATER MANAGEMENT
COST-SHARING DESIGN OF PHASE
STORMWATER IMPROVEMENT PROJECT.
CYPRESS BASIN/
DISTRICT FOR
I LELY AREA
OBJECTIVE: To obtain Board of County Commissioner (Board) approval of
Cooperative Agreement between Collier County (COU'NTY) and the Big Cypress Basin
Board (BASIN)/South Florida Water Management District (SFWMD).
CONSIDERATIONS: Since 1983 the BASIN has been participating with the
COUNT',/' to develop a water management plan to relieve the chronic flooding problems
in the Lely Basin and the related environmental problems in the receiving estuaries. The
BASIN funded previous studies in 1985 and 1987 to develop a water management plan
for this area of the County. The BASIN continues to support the project. After many
years of planning, the COUNTY is moving forward to implement the recommendations
of the Water Management District No. 6 Master Plan Update, which the BASIN funded
in 1985.
The Lely and Lely Manor Basins are the COUNTY'S first priority for stormwater
improvements. The BASIl',/ may participate in a funding partnership for constructing
various components of the stormwater improvement project which meet the goals of the
BASIN's mission statement, that is, flood protection and environmental enhancement.
The Agreement provides funding in the amount of $60,000 from the BASIN to the
COUNTY for a poaion of the cost for field surveys and the preparation of detailed
engineering plans for the Phase I construction of the Lely Area Stormwater Improvement
Project. This involves construction of the outlet systems west of US-41.
FISCAL IMPACT: The anticipated revenue of $60,000 from the BASIN was
included in the FY-97 Budget and will be incorporated into the current FY-9g Budget as
soon as the total cost of the Phase I engineering is known. COUNTY funds in the
amount of $150,000 are included in the FY-98 Budget for this anticipated engineering fee
expense.
REVENUE IMPACT: $60,000 Income
Fund 325 - Water Mgmt. CIP
Cost Center 172977 - Lely Outfall Canal
Project 3I I01 - Lely Canal w/Spreader & Structures
IlAR 1 7 1998
Executive Summary
"Agreement w/Basin"
Lely Basin Stormwater lmpr. Project.
Page 2
GROWTH MANAGEMENT IMPA(3'T: Implementing the construction of
Phase I of the Lely Area Stormwater Improvement Project is consistent with the goals,
objectives and policies of the County's Growth Management Plan.
RECOMMENDATION: That the Board approve of this Cooperative Cost-
Sharing Agreement with the BASIN/SFWMD for preparation of Phase I engineering
plans for the Lely Area Stormwater Improvement Project and authorize the Chairman to
sign the Agreement on behalf of the Board.
PREPARED BY:
REVIEWED BY:
Doc: EX-O02
John~. Boldt, P.E., P.S.M.
Stormwater Management Director
Ed Ilschner
Public Works Administrator
Date
Date
C-9700
COOPERATIVE AGREEMENT
BETWEEN THE
SOUTtt FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY
ORIGINAL
This AGREEMENT is entered into on ,19 , between "the Parties," the
South Florida Water Management District, a public corporation of the State of Florida ("l~e
DISTRICT"), and Collier County. a political subdivision of the State of Florida, ("the
COUNT~I',,).
WITNFSS ETH THAT:
WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the
Florida Legislature and given those powers and responsibilities enumerated in Chapter 373.
Florida Statutes to include entering into contracts with public agencies, private corporations
or other persons; and
WHEREAS, the DISTRICT desires to assist the COUNTY in the preparation of engineering
plans for Phase I construction of the Lely Area Stormwater Management Project; and
WHEREAS, the COUNTY represents that it is qualified and willing to provide said services;
and the DISTRICT wishes to enter into a AGREEMENT with the COUNTY;
WHEREAS, the COUNTY warrants and represents that it has no obligation or indebtedness
that would impair its ability to fulfill the terms and conditions of this AGREEMENT;
%q--IEREAS, the Governing Board of the DISTRICT. at its March 12, 1998 meeting, has
awarded this AGREEMENT to the COUNTY;
NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual
Contract No. C-9700 - Page I of 10
benefits flowing from each to the other, do hereby agree as follows:
ARTICLE I - STATEMENT OF WORK
!.I
The COUNTY shall, to the satisfaction of the DISTRICT. fully and timely perform
all work items described in the "Statement of Work," attached hereto as Exhibit
and made a part of this AGRE~'MENT.
i.2
It is the intent and understanding of the Parties that this AGREEMENT is solely for
the benefit of the COUNTY and the DISTRICT. No person or entity other than the
COUNTY or the DISTRICT shall have any rights or privileges under this
AGREEMENT in any capacity whatsoever, either as third-party beneficiary or
otherwise.
2.1
2.2
ARTICLE 2 - TEI~M OF TF[E AGRE~T
The period of performance of this AGREF_3tENT shall commence on the date of this
AGREEMENT and continue until the completion of all contractual obligations by the
Parties, but in no event later than nine months from the date the DISTRICT issues a
Notice-to-Proceed.
The Parties agree that time is of the essence in the performance of each and every
ob!igation under this AGREEMENT.
3.1
3.2
ARTICLE 3 - COMPENSATION/CONSIDERATION
As consideration for providing the goods and services required by this AGREF__31ENT,
the DISTRICT shall pay the COUNTY an amount not to exceed Sixty Thousand
Dollars and No Cents (5;60,000.00), as specified in Exhibit 'A," Such amount includes
travel and other expenses which the COUNTY may or may not incur and therefore
no additional consideration shall be authorized.
Thc COUNTY assumes sole responsibility for all work performed by the COUNTY
pursuant to Exhibit "A," including but not limited to, the design and development of
detailed construction plans for the Lely Area Stormwater Management Project. By
providing funding hereunder, the DISTRICT does not make any warranty, guaranty.
or any representation whatsoever regarding any of the work performed hereunder.
including but not limited to the adequacy or sufficiency of ali or any part of work
desc~bed in Exhibit "A."
Contract No. C-9700 - Page 2 of 10
HAR I 7 1998
PG. '--/.-
4.1
4.2
4.3
ARTICLE 4 - INVOIChNG AND PAYMENT
The COUNTY'S invoices shall reference the DISTRICT'S Contract Number C-9700
and shall be sent to the following address:
South Florida Water Management District
Ann: Division of Procurement and Contract Administration
P.O. Box 24680
3301 Gun Club Road
West Palm Beach, FL 33416-4680
The COUNTY should not submit invoices to any other address at the DISTRICT.
The COUNTY shall submit invoices on a completion of deliverable basis, pursuant
to the schedule outlined in Exhibit "A."
The DISTRICT shall pay the full amount of the invoice within thirty (30) days of
receipt and acceptance, provided the COUNTY has performed the work according to
the terms and conditions of this AGREEbtENT. However, failure by the COUNTY
to follow the foregoing instructions may result in an unavoidable delay of payment
by the DISTRICT.
ARTICLE 5 - PROJECT MANAGEMeNT/NOTICE
5.1
The Project Manager for the DISTRICT is Gall Abbott, at 6167 Janes Lane, Naples
FL 34109, telephone (941) 597-1505. The Project Manager for the COUNTY is John
Boldt, at Collier County Public Works Division, Collier County Government Center,
Bldg. H, 3301 E. Tamiami Trail, Naples, FL 34112, telephone (941) 732-2501. The
Parzies shall direct all matters arising in connection with the performance of this
AGREEMENT, other than invoices and notices, to the attention of the Project
Managers for attempted resolution or action. The Project Managers shall be
responsible for overall coordination and oversight relating to the performance of this
A G REE,~, IEN T.
5.2
All notices, demands, or other communications to the COUNTY under this
AGREEMENT shall be in writing and shall be deemed received if sent by certified
maii, return receipt requested, to:
Collier County Public Works Division
Attn: John Boldt
Collier County Government Center
Bldg. H, 3301 E. Tamiami Trail
Naples, FL 34112
Contract No. C-9700. Page 3 of 10
FIAI 1 7 1998
All notices to the DISTRICTF under this AGREF~IENT shall be in writing and sent
by certified mail to:
South Florida Water Management District
Attn: Division of Procurement and Contract Administration
3301 Gun Club Road
P. O. Box 24680
West Palm Beach, FL 33416-4680
The COUNTY shall also provide a copy of all notices to the DISTRICT'S Project
Manager. All notices required by this AGREEM'ENT shall be considered delivered
upon receipt. Should either party change its address, written notice of such new
address shall promptly be sent to the other party.
All correspondence to the DISTRICT under this AGREF_aMENT shall reference the
DISTRICTS Contract Number C-9700.
6.1
6.2
6.3
ARTICLE 6 - TERaM~N'ATIONIRFaMEDIIV-q
If either party fails to fulfill its obligations under this AGREEMENT in a timely and
proper manner, the other par~y shall have the right to terminate this AGREEMENT
by giving written notice of any deficiency. The party in default shall then have ten
(10) calendar days from receipt of notice to correct the deficiency. If the defaulting
party fails to correct the deficiency within this time, this AGREEMENT shall
terminate at the expiration of the ten (10) day time period.
The DISTRICT may terminate this AGREFaMENT at any time for convenience upon
thirty (30) calendar days prior written notice to the COUNTY. The performance of
work under this AGREEMENT may be terminated by the DISTRIC"F in accordance
with this clause in whole, or from time to time in part, whenever the DISTRICT shall
determine that such termination is in the best interest of the DISTRIL'"F. Any such
termination shall be effected by delive~ to the COUNTY of a Notice of Termination
specifying the extent to which performance of work under the AGREEMENT is
terminated, and the date upon which such termination becomes effective.
In the event of termination, the DISTRICT shall compensate the COUNTY for all
authorized and accepted work performed through the termination date. The DISTRICT
shall be relieved of any and alt future obligations hereunder, including but not limited
to lost profits and consequential damages, under this AGREEMENT. The DISTRICT
may withhold all payments to the COUNTY for such work until such time as the
DISTRICT determines the exact amount due to the COUNTY.
If either party initiates legal action, including appeals, to enforce this AGREEMenT,
Contract No. C-9700 - Page ,1. of I0
MAR 1998
6.4
6.5
the prevailing party shall be entitled to recover a reasonable attorney's fee, based upon
the fair market value of the services provided.
The DISTRICT anticipates a total project cost of Three Hundred Thirty .'Thousand
Dollars and No Cents ($330,000.00), of which the DISTI}-ICT is funding Sixty
Thousand Dollars and No Cents ($60,000.00), with the balance of matching funds in
the amount of Two Hundred Seventy Thousand Dollars and No Cents ($2'/0,000.00)
to be obtained from the COUNTY. In the event such funding becomes unavailable,
that shall be good and sufficient cause for the DISTRICT to terminate this
AGREF_,,M'F. NT pursuant to Paragraph 6.2, above.
In the event a dispute arises which the Project Managers cannot resolve between
themselves, the Parties shall have the option to submit to non-binding mediation. The
mediator or mediators shall be impartial, shall be selected by the Parties, and the cost
of the mediation shall be borne equally by the Parties. The mediation process shall be
confidential to the extent permitted by law.
7.1
7.2
ARTICLE 7 - RECORDS ~NTION / OWNERSKIP
The COUNTY shall maintain records and the DISTRICT shall have inspection and
audit rights as follows:
A. Maintenance of Records: The COUNTY shall maintain all financial and non-
financial records and reports directly or indirectly related to the negotiation or
performance of this AGREEMENT including supporting documentation for any
ser'x'ice rates, expenses, research or reports. Such records shall be maintained and
made available for inspection for a period of five years from completing performance
and recei~'ing final payment under this AGREEMENT.
B. 7r,69~zLtaZL9~l~[ Records: The DISTRICT or its designated agent shall have the
right to examine in accordance with generally accepted governmental auditing
standards all records directly or indirectly related to this AGREEMENT. Such
examination may be made only v, ithin five years from the date of final payment under
this AGREEMENT and upon reasonable notice, time and place.
C. F,,.~lgB.~dAvailability of Records for Legal Disputes: In the event that the
D {STRICT should become involved in a legal dispute with a third party arising from
performance under this AGREEMENT, the COUNTY shall extend the period of
maintenance for all records relating to the AGREEMI,~"iT until the final disposition
of ~.he legal dispute, and all such records shall be made readily available to the
D IS TRIC-q'.
All documents, including, but not limited to. technical repo,'ts, research notes.
Contract No. C-9700 - Page $ of 10
MAR I 7 1998
scientific data and computer programs in draft and final form including the source
code and object code, which are developed by the COUNTY in connection with this
AGREEMENT, may be utilized by the DISTRICT in its normal course of business.
DISTRICT use may include, but shall not be limited to, reproduction, distribution and
preparation of derivative works.
8.1
8.2
8.3
8.4
8.5
ARTICLE 8 - STANDARDS OF COMPLIANCE
The COUNTY, its employees, subcontractors or assigns, shall comply with all
applicable federal, state, and local laws and regulations relating to the performance
of this AGREEMENT. The DISTRICT undertakes no duty to ensure such
compliance, but will attempt to advise the COUNTY, upon request, as to any such
laws of which it has present knowledge.
The laws of the State of Florida shall govern all aspects of this AGENT. In
the event it is necessary for either party to initiate legal action regarding this
AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state
law and in the Southern District of Florida for any claims which are .justiciable in
federal court.
The COUNTY shall allow public access to all project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should the
COUNTY assert any exemptions to the requirements of Chapter 119 and related
Statutes, the burden of establishing such exemption, by way of injunctive or other
relief as provided by law, shall be upon the COUNTY.
pursuant to Section 216.347, F.S., the COUNTY is prohibited from the expenditure
of any funds under this AGREF~IENT to lobby the Legislature, the judicial branch,
or another state agency.
In the event that the COUNTY's performance, as required by this AGREEMENT,
involves the use and/or delivery of a software, hardware and/or firmware product of
any kind, the following language shall apply:
COUNTY represents and warrants that the software, hardware and/or firmware is
designed to be used prior to, during, and after the calendar year 2000 A.D., and that
the software, hardware and/or firmware will operate during each such time period
without error relating to date data, specifically including any error relating to, or the
product of, date data which represents or references multiple centuries.
Without limiting the generality of the foregoing, COUNTY further represents and
Contract No. C-9700. Page 6 of I0
8.6
warrants:
That the software, hardware and/or firmware will not abnormally end or provide
invalid or incorrect results of date data, specifically including date data which
represents or references multiple centuries.
That the software, hardware and/or firmware has been designed to ensure Year 2000
Compatibility. including, but not limited to, date data century recognition, calculations
which accommodate same century and multiple century formulas and date values, and
date data interface values that reflect the century.
That the software, hardware and/or firmware includes Year 2000 capabilities. For the
purposes of this AGREEMENT, Year 2000 Capabilities means the software, hardware
and/or firmware:
(i)
will manage and manipulate data involving dates and leap year
calculations, including single century formulas and multi-century formulas,
and will not cause an abnormally ending scenario within the application
or generate incorrect values or invalid results involving such dates; and
(ii)
provides that all date-related user interface functionalities and data fields
include the indication of century; and
(iii)
provides that all date-related user interface functionalities include the
indication of century.
Included as part of this Year 2000 Compliance Warranty, COUNTY shall provide to
the DISTRICT, at no additional charge with, (i) fixes, corrections and updates to the
software, hardware and/or firmware that are necessary to ensure Year 2000
Capabilities. as defined herein, and (ii) advice, consultation and assistance to use the
software, hardware and/or firmware and diagnose and correct Year 2000 Capability
problems that may exist with the software, hardware and/or firmware.
The term Year 2000 Compliance Warranty shall mean, collectively, the warranties set
forth herein.
The COUNTY hereby assures that no person shall be discriminated against on the
grounds of race, color, creed, national origin, handicap, age, or sex, in any activity
under this AGREF2~IENT. The COUNTY shall take all measures necessary to
effectuate these assurances.
Contract No. C-9700 - Page 7 of 10
ffAR I 7 1998
9.1
9.2
ARTICLE 9 - RELATIONSHIP BETWEEN THE PARTIF~
The COUNTY is an independent contractor and is not an employee or agent of the
DISTRICT. Nothing in this AGREEMENT shall be interpreted to establish any
relationship other than that of an independent contractor, between the DISTRICT and
the COUNTY, its employees, agents, subcontractors, or assigns, during or after the
performance of this AGREEMENT. The COUNTY is free to provide similar services
for others.
The COUNTY shall not assign, delegate, or otherwise transfer its fights and
obligations as set forth in this AGREEMENT without the prior written consent of the
DISTRICT. Any attempted assignment in violation of this provision shall be void.
10.1
10.2
10.3
10.4
ARTICLE 10 - GENERAL PROVISIONS
Notwithstanding any provisions of this AGREEMENT to the contrary, the Parties
shall not be held liable for any failure or delay in the performance of this
AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public
enemy, unusually severe weather, outbreak of war, restraint of Government, dots, civil
commotion, force majeure, act of God, or for any other cause of the same character
which is unavoidable through the exercise of due care and beyond the control of the
Parties. Failure to perform shall be excused during the continuance of such
circumstances, but this AGREEMENT shall otherwise remain in effect. This
provision shall not apply if the "Statement of Work" of this AGREEMENT specifies
that performance by COUNTY is specifically required during the occurrence of any
of the events herein mentioned.
In the event any provisions of this AGREEMENT shall conflict, or appear to conflict,
the AGREEMENT, including all exhibits, attachments and all documents specifically
incorporated by reference, shall be interpreted as a whole to resolve any inconsistency.
Failures or waivers to insist on strict performance of any covenant, condition, or
provision of this AGREEMENT by the Parties, their successors and assigns shall not
be deemed a waiver of any of its fights or remedies, nor shall it relieve the other party
from performing any subsequent obligations strictly in accordance with the terms of
this AGREEMENT. No waiver shall be effective unless in writing and signed by the
party against whom enforcement is sought. Such waiver shall be limited to provisions
of this AGREEMENT specifically referred to therein and shall not be deemed a
waiver of any other provision. No waiver shall constitute a continuing waiver unless
the writing states otherwise.
Should any tcrm or provision of this AGREEMENT be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term hereof,
Contract No~ C-9700 - Page 8 of 10
MAR 1 7 1998
!6
10.5
10.6
by force of any statute, law, or ruling of any forum of competent jurisdiction, such
invalidity shall not affect any other term or provision of this AGREEMENT, to the
extent that the AGREEMENT shall remain operable, enforceable and in full force and
effect to the extent permitted by law.
This AGREEMENT may be amended only with the written approval of the Parties.
This AGREEMENT states the entire understanding and agreement between the Parties
and supersedes any and all written or oral representations, statements, negotiations.
or agreements previously existing between the Parties with respect to the subject
matter of this AGREEMENT. The COUNTY recognizes that any representations,
statements or negotiations made by DISTRICT staff do not suffice to legally bind the
DISTRICT in a contractual relationship unless they have been reduced to writing and
signed by an authorized DISTRICT representative. This AGREFMF_aNT shall inure to
the benefit of and shall be binding upon the Parties, their respective assigns, and
successors in interest.
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute
Contract No. C.9700 - Page 9 of i0
HAR 1 7 1998
~._ ti
this AGREEMENT on the date first written above.
LEGAL FORM APPROVED
SOUTH FLORIDA WATER MANAGEMENT DISTRICT,
BY ITS GOVERNING BOARD
By:
Deputy Executive Director
Attest:
Dwight E. Brock. Clerk
COLLIER COUNTY BOARD OF COUNTY
CO,%D,'flSSIONERS
Approved as to form and legal
sufficiency
Assist. ant County Attorney
By:
Title:
Contract No. C-9700 - Page I0 of 10
EXItlBIT "A"
STATEMENT OF WORK
1.0
PREPARATION FOR PHASE I CONSTRUCTION
LELY AREA STORMWATER MANAGEMENT PROJECT
~TRODUCTION
Since 1983 the Big Cypress Basin Board (BCBB) has been participating with Collier County
(County) to develop a water management plan to relieve the chronic flooding problems in the
Lely Basin and the related environmental problems in the _receiving estuaries. The South Florida
Water Management District (District) funded previous studies in 1985 and 1987 to develop a
water management plan for this area of the County. The BCBB has supported the projec~ After
many ye. an of planning, the County is moving forward to implement the recommendations of the
Water Management District No. 6 Master Plan Update, which the BCBB funded in 1985. A
Municipal Service Taxing and Benefit Unit will be created to help fund the majority of the
construction cost of the project.
The Lely and Lely Manor Basins are the County's first priority for stormwater improvements. The
BCBB may participate in a funding partnership for the components of the stormwater
improvement project which meet the goals of the BCBB's mission statement, that is, flood
protection and environmental enhancement.
2.0 SCOPE OF WORK
This contract provides funding from BCBB to the County for field surveys and the preparation
of detailed engineering plans for the Phase I construction of the Lely Area Stormwater
Management Project.
3.0 WORK BREAKDOWN STRUCTURE
Two specific tasks shall be completed under this contract.
Task 1: Cons~'uction Design
The County shall prepare the design for the Phase I construction of the Lely Area
Stormwater Management Project. The design shall incorporate the findings from the
following activities:
a)
b)
c)
Field investigations to accurately determine the basin boundaries for design and
funding district.
Detailed field surveys of proposed spreader waterways and a water level control
structure site for Phase I.
Geotechnical investigations of rock depth.
Page I of 2, Exhibit "A," Agreement No. C-9700
ffAR 1 7
Task 2: Detailed Comtruction Plato
4.0
The County shah prepare detailed construction plans, specifications and bidding
documents for Phase I. The documents shall include the following:
a) Computation of estimated construction costs and other project related expenses for
all phases of the project.
b) Sketches a~d legal descriptions necessary to complete easement acquisition for
Phase I.
c) Final &tailed construction plans, specifications and bidding documents for Phase
I
The plans shall be delivered to the District at the 30%, 90% and final completion stages
as set forth in the Payment and Deliverable Schedule below.
TIME SCHEDULE AND TIME FRAMES
This contract shall begin as the permitting and final design nears completion. The revised permit
applications are expected to be completed in February 1998. This contract shall be completed
nine months after the District issues a Notice-to-Proceed. The first deliverable shall be completed
three months after the Not/ce-to-Proceed, as more fully outlined in Section 6.0, below.
5.0 PROJECT LOCATION
The Lely and Lely Manor basins lie in southwestern Collier County within Water Management
District No. 6, east of Naples and within the urban boundary. Lely basin is 12.5 square miles
and the Lely Manor basin is 3.4 square miles.
6.0
PAYMF. NT AND DELIVERABLE SCHEDU~
Deliverable
Compl...~eted Design Report
Completion of 30% Construction Plans
and specifications
Completion of 90% Constructon Plans and
specifications
Final Construction Plans, specifications
and bidding documents
Due Date*
3 months
6 months
8 months
9 months
*~,~ont Tot~
Payment
:$12,000
$36,000
Page 2 of 2, Exhibit "A," Agreement No. C-9700
MAR 1 7 1998
EXECIYl]VE SUMMARY
AUTHORIZE A YOUTH BASKETBALL TEAM TO REPRESENT THE COLLIER COUNTY
MIDNIGHT BASKETBALL LEAGUE IN A NATIONAL TOURNAMENT.
Objective: That the Board of County Commission~ approve program registration, hotel, and per diem
expenditures (meals) for a local youth basketball team to compete in the nationally recognized Youth Midnight
Basketball Tournament.
Consideration: The Golden Gate Community Center with the support of the Collier County Sheriff's
Depar~ent has offered a Midnight Basketball Program on Saturday evenings for the last couple of years. Tiffs
program has been highly racccssful in giving youth, ages, thirteen and up, a ufe place to play basketball while
keeping them off the street on Saturday nights.
As a reward to participants of the program who demonstrate outstanding behavior both on and off the court,
staffwould like to register and escort a team up to the 1998 Midnight Basketball Sunshine Easter Tournament
hosted by the Center For Drug-Free Living in Orlando, Florida, April 9-11, 1998. This tournament is
recognized as one of the top youth basketball tournaments nationally. The team will be comprised of a
maximum of ten youths, ages 13-16, and will be chaperoned by a minim~ of two staff members and possibly
more.
Thanks to the Board's approval of this trip last year, a local team learned a great deal about teamwork,
friendship, and responsibility. Even though the team was not successful on the court, they were winners off.
O !The team represented Collier County with dignity and class. This year, a new team looks forward to the
experience of representing the Collier County Midnight Basketball program.
It is the opinion of the County Attorney's office and the Clerk of Courts that Board approval is necessary
because County funds are being expended and the youth traveling to the tournament are not w/thin the
definition of "traveler" according to Section 112.06, Florida Scatute, describing authorized public travel
cxpcnses.
Growth Management: None
Fiscal Impact: The actual cost of the trip will not exceed $2,000. Funds are budgeted for this trip in the
Golden Gate Community Center fund (130).
Recommendation: That the Board of County Commissioners authorize the Chairman to sign the attached
Resolution regarding expenditures for program registration, hotel, and per diem (meals) for the said trip.
Prepared by:__~,
~ohn Dunnuck, Operations Coordinator
Department of Parks and Recreation
Date:
I HAR 1 ? 1998
Revie'~d md~o
Approved by: .
nlX-pm-tment of Parks
Reviewed md
Thomas -~. -0 i'h~ -~gl~tninistrat or
Division of Public Services
ldAl~ I 7 1998
Pg..,,,
RESOLUTION NO.
^ ~SOLU']-JON O~ 'rH£ BOxR.D Or CO~
CO~XSS~O~ O~ CO~U~ CO~ ~O~C
~'m~ or v~ T~' ~,0~. r?..co~a
CO~ P~CIP~O~ '~'A vo~"'~ma~
B~~L TOU~~ IN 0~0,
A V~ID PUBLIC PU~OSE.
~E~, Col~ Co~ ~cc No. 87-5 ~lov~ ~x~dim~ of~ ~ to
eff~tuate ~e p~ of~e ~d~ ~d~ ~e ~fli~
~ci fo~h in Colli~ County ~din~e No. g7-5; ~d
~EREAS, the subject Midni~ B~kelba]l Pro~ ~e ~ovid~ "at risk" youth
an oppo~nhy ~o p~icipale in ~ wholesome, or~ni~, s~ ~fi~fi~; ~d
X~E~AS, ten (I 0) b~k~ball play~ have be~ cho~ ~e or,heir ~pl~
bcM~io, with .Midn~ B~ketball raft ~ctive acti~fies in ~e Gold~
NOW, THEREFOr:, BE IT ~SOL~D BY ~F. BO~D OF
C(}MMISSIONEP~ OF COLLIER COUNTY, ~O~D~ that.:
I. Expenditures of up to S2,~ for fl:e scheduled Youth Mi~ght Ba~l To~t
h, Orl~do, Flodda, ~om Apdl 9 ~ou~ April I !, 1998,
Bo~d ~o se~'e a valid public pu~se ~nd are hereby app~v~
2. These expenditures are for holel rooms ~d p~ diem meals f~ ~e ~!~ t~ play~
who will b: pa~icipa:ing in ~is Toum~em in ~l~do, ~ at 1~ ~o ~on~,
3. These funds ~'e from private donations ~d ~e budg~ed in ~e Goldm Gate Co~uni~
Cem~:r Fund ~ 30.
TI:is Re~lutJon udop~ed after mo~ion, second m~d majon~ vote favofiug
DAT£D:
ATTEST:
DWIGHT E BROCK. CLERK
BOAJU:) OF COUNTY. COMIVlI$SIONERS
COI-!-TI:R COUNTY, FLORIDA
BY: BY:
Deputy Clerk
BARBARA B. BERRY, CHAIRMAN
[r~ed as to form a~ legal sufficiency:
Thomas C. Palmer'
Assist,mt Cctmty Attorney
-1-
HAR { ? 1998
EXECUTIVE SUMMARY
APPROVE THE PURCHASE OF PLAYGROUND EQUIPMENT FOR SUGDEN REGIONAL PARK.
Objective: To award the purchase and installation of play/round equil:~nent for Sudden Re~onal P~rk to
Domlnlca Recreation Produc~ Inc. utilizing an annual stye ~
Consideration: The parks and recreation department has specifically budgeted funds in Fiscal 97/98to
pm'c~ sad install ptaygrotmd equipment at Susden Regional Park. Dominica Recreation Products Inc., a
supplier of many other Colli~ County pa~k playground stmctm'es, is ~ on sta~e contract (#335102,
#33501) amd wo~Id be able to ire'tail said playg~'ound for $78,461. Collier Com~ Pm'chasing policy stipulates
~ depanmen~ m~t ~ ~ ~rov~l for ann~ rate contract ~ over $2.S,000.
Growth Management: None
Fiscal Impact: The cost of the project is $78,461. Funds aze budgeted in the Regional Park Cotmtywide
Fund, Sugden Regional Pa.,k project (345-116360-80081).
Recommendation:
Products Inc. for Sugden Regional Park.
Mm'do Smith, Recreation Manager
Department of Parks and Recreation
Maria-Ramsey, DirCCt°r /
Department of Parks and Re{reation
Reviewed and .~~ ~/~
Approved by:
Steve C~'~ell, Directdf'
Department of Purc~g
T~t the Board award the purchase of playground equipment to Dominlca ~on
Date:
Reviewed and ,
Approved by:~^ ~
Thomas'Wi Olliff~-A~strator
Division of Public Services
Date: '~.~1. C~
Agen t
I HAR !
A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN 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
OBJECTIVE: That the Board of 'County Commissioners adopt a Resolution approving the
Satisfaction of Liens for certain residential accounts where the County has received payment in
full for the 1994 Solid Waste Collection and Disposal 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, Flodda, which placed a lien on
certain residential properties for the 1994 Solid Waste collection and Disposal Services Special
Assessments.
Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be
approved by Resolution of the Board of County Commissioners.
The attached Resolution lists the 75 accounts that have paid in full for the 1994 Solid Waste
Collection and Disposal Services Special Assessment Liens.
FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is
approximately $465.00 which is to be charged to Account No. 510-102030-649030.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution
approving the 75 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the
Chairman to sign the 75 Satisfaction of Liens for the 1994 Solid Waste Collection and Disposal
Services Special Assessment Liens.
Prepared by: ~~_,¢~
arr)/Oallis, ACCOunt Tec, l~l~ician
,~/a.rtment of Reve~~...
R e viewed by:~____~/~ ~/~,
/ T~s~ ~. Riesen, Revenue Manager
Depadment of Rev~ue~
~oh~ A. Y onkosk~ire~or '2
~nme~gue
Leo O~s, Jr,, Admin~tor ~
Date:
RESOLUTION NO. 98-
A RESOLUTION APPROVING SATISFACTION OF UEN$
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE
1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS.
9 WHEREAS, pursuant to Collier County Ordinance No, 90-30, as amended, the Board of
10 County Commmsionem on August 22, 1995 adopted Resolution No. 95-475 authorizing the
] I recording of nobces of liens for the delinquent solid waste collectk~ and disposal ~ervice$ special
12 &ss~n'~nt.~ f~ 1 ~94; and
t3 WHEREAS, Collier County Ordinance No. 90-30, N amended, raquiml tt'4 Board to
14 approve by Resolutiort end record in tim Official Recorde I Sattlfacttofl of Lien on all Iccountl that
15 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
is amended, the Board recognizes full payment and receip~ of the 1994 Service Year BoFKI Waste
19 Collection and Di~po,:al Special Assessment for the foaowing accounts numbered below,
20 subsequent to the adoption of Resolution No. 95-475, whereupon I Ben had been recorded of 1 real
2! property pertaining Io the accounts identified herein. The Satisfactions of Lien attached I'~reto
22 referencing the accounts identlf'~ed herein are hereby approved end the Chairman is hereby
2:~ authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to
24 record this Resoluhon end these Satisfactions of L~en individually ~q the official records of Collier
25 County:
20
27 Account No. 893
28 Account No. 1672
29 Account No. 1944
~0 Account No. 2215
3! Account No. 2286
32 Account No. 3117
33 Account No. 3162
~4 Account No. 3340
35 Account No. 3719
36 Account No. 5801
37 Account No. 6981
38 Account No. 7346
39 Account No. 7359
40 Account No. 7896
41 Account No. 7951
42 Account No. 8109
43 Account No. 8248
44 Account No. 8895
45 Account No. 9056
46 Account No. 9085
47 Account'No. 9179
48 Account No. 10061
4,') Account No. 10935
~ Account No. 11015
5~ Account No. 11031
!
7
9
Il
13
14
16
17
18
~9
21
27
2~
~2
~3
~4
36
41
42
43
47
/~'--c~-unt No. 12140
Accourff No. 12205
,~covnt No. 12315
Account No. 12551
Account No. 12878
Account No. 13547
Account No. 14708
Acco~ No. 15888
Account No. 15930
Account No. 15969
Accoun No. 18120
Accoun No. 16722
Accourt No. 16780
Accour~ No. 17271
Accou~ No. 17899
Ac, cou~ No. 18018
Accour No. 18209
Acc, ou~ No. 18500
Ac, cour~ No. 18759
Accour~ No. 19185
Accour~ No. 19347
Acco~m No. 20019
Account No. 20349
Account No. 20459
Account No. 21078
Account No. 21432
Account No. 21~,'95
Account No. 22185
Account No, 22680
Account No. 23197
Account No. 23401
Account No, 23870
Account No. 24772
Account No. 25234
Account No. 25593
Account No. 2819-4
Account No. 26220
Acoount No. 26~02
Account Ho. 26673
Account No. 26709
Account No. 27009
Acccunt No. 27546
Account No. 27827
Acco~nt No. 28448
Account No. 28613
Account No. 385
Account No. 1708
Account No. 3311
Account No. 5995
Account No. 6486
3
6
7
9
I0
II
14
15
1'7
18
T~is Resolution ,,dopted Wis __day of ,1998 after mot~o~, eecond and
majority vote.
AT'TEST: BOARD OF COUNTY COMMISSIONERS
DW1GHT E. BROCK, CLERK COLLIER COUNTY. FLORIDA
Approved as to form and
legal suff~enw:
~n~A~o~y
BY:,
BARBARA B. BERRY, CHAIRMAN
I
EXECUTIVE SUMMARY
MODIFICATION OF A GRANT AGREEMENT
EXTENDING THE COMPLETION TIME FOR THE
INSTALLATION OF A NOAA WEATHER TRANSMITTER
FROM MARCH 31, 1998 TO SEPTEMBER 30, 1998
QBJECTIVE: To gain Board of County Commissioners approval to extend
the period of Grant Agreement Number 97CP-07-09-21-01-104 fi.om March
31, 1998 to September 30, 1998.
CONSIDERATION: The Board of County Commissioners entered into an
Agreement with the Florida Department of Community Affairs to accept the
sum of $71,766 for the instal/at/on ofa NOAA Weather Transmitter w/th
back up power supply to be located in Collier County. A transmitter is
needed to prov/de current weather, severe weather advisories and warnings
from the National Weather Service Office in Miami.
Currently, broadcast coverage fi'om NWS-Tampa through the transmitter at
the Lee County Emergency Operations Center, is spotty to non-existent over
southern and eastern Collier County.
Several pitfalls have delayed completion of this project. A lack of vendors
treat were acceptable to the National Weather Service created delays that have
finally been overcome. Emergency Management has been looking for tower
space at locations throughout the County, to no avail. We have received
perm/ss/on to install the transmitter at the FDOT tower near the west toll
booth on Alligator Alley, but will have to build a separate building to house
the control equipment. Additional tower sites are being surveyed that would
provide adequate signal strength to the entire county.
!
Iftlfis modification is approved, extending the scope of work fi.om March 3 I,
1998 to September 30, 1998, the transmitter should be operational before we
get to far in. the 1998 hun'/cane season.
FISCAL IMPACT:
Nolle.
GROWTH MANAGEMENT IMPACT: None.
..RECOMMENDATION: That the Board of County Commissioners
approve the attached modification extending the Grant Agreement period
fi.om March 31, 1998 to September 30, 1998.
D~ Date:
SUBMHTE x~h F. pin~,. Emcrs~,~y M~g~t
REVIEWED BY: ~. Date:
Diane Flag~,, Em~ergency Serx4ce$ Director
REVIEWED BY:
APPROVED B Y:
rt S6rviccs Administrator
Date:
Robert F. Fcmande..z, County Administxator
AGREEMENT # 97CP-07-09-21-01-104
MODIFICATION TO AGREEMENT
WHEREAS, Collier County (hereinafter "the Recipient" ) and the Department of'
Community AfFairs (hereinafter "the Department" ) have entered into an Agreement dated May
28, 1997 for the purpose of installing a redundant National Oceanic and Atmospheric
Administration (NOAA) weather radio transmitter in cooperation with the National Weather
Service; and
WHEREAS, based upon subsequent events, the panics desire to modify said Agreement
to extend the period of Agreement;
NOW, THEREFORE, the above-referenced agreement is modified as follows:
Paragraph III. This agreement shall begin upon execution by both panics and shall end
SePtember 30, 1998, unless terminated earlier in accordance with the provisions of Paragraphs
VII or IX or X]'V of this Agreement. Final requests for reimbursement should be submMed no
later than thirty (30) days after the termination date of the contract Any requests received after
October 3 l, 1998, may, in the discretion ofthe Department, not be reimbursed from this
Agreement. Reimbursement requests shall not be submitted by facsimile transmission.
All other terms and conditions of the Agreement shall remain in ~ull force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification to be
executed by the undersigned officials as of'the date listed below.
KECI~IENT:
COLLIER COUNTY
STATE OF FLORIDA, DEPARTMENT
OF COMMUNITY AFFAIRS
BY:
Barbara B. Berry, Chairman
Collier County Board of Commissioners
BY:
Joseph F. Myers, Director
DATE:
DATE:
DWIGHT E. BROCK,'CLERK
BY:
Deputy Clerk
Approved as to Form and Legal Sufficiency
mas C. Palmer, ,,*.ssmant County Attorney
#o. ,/~_..t;,-,..
EXECUTIVE SUMMARY
RESCIND PREVIOUS CONTRACT AWARD AND AWARD BID #97-2751
WATERPROOFING OF ADMINISTRATION BUH. i)ING TO AERIAL
RESTORATION CONTRACTORS
FOR
OBJ'E~: To complete waterproofing of the Administration Building prior to the
onset of the summer weather season.
CONSIDERATIONS: On November 19, 1997 five (5) bids were received for
waterproofing the Administration Building (see attached bid tabulation sheet). Roman
Waterproofing & Restoration Systems Inc. was the low bidder at $49,711.00. Aerial
Restoration Contractors was second with a bid of $$7,102.00.
On December 16, 1997 the Board of County Commissioners swarded Contract # 9%2751,
Waterproofing the Ad~nistration Building, to Rorrma Waterproofin8 & Restoration
Systems. After numerous requests, Roman was not able to furnish the required Payment
and Performance Bond. Staff offered to accept a Letter of Credit in lieu of the Bonds. As
of Match 2. 1998, Roman lad not responded. The bid terms allowed 15 days fi.om contract
award by the Board to supply the necessary documentation~ As ofthis writing the requisite
surety has not been provided.
The second low bidder, Aerial Restoration Contractors, has agreed to honor their previous
bid offer and can complete the project within the specified time requirements.
FISCAL IMPACT: This project was budgeted in the mount of $60,000 in the Board's
Capital Projects Budget (301-120435-80525) for FY 97-98.
GROWTH MANAGEMENT IMPAt~T: None.
RECOMMENDATIONS: To rescind the previous award of this contract and award bid
ii 97-2751 to Aerial Restoration Contractors for the waterproofing of'the Administration
Building ,,,ad authorize the Chairman to sign an agreement with Aerial Restoration
Contractors after review and approval by the County Attorney's Office.
S_ -Crognale, Col jt 'a°n
L~partment of Fac~ties Management
REVIEWED BY: ~~
Skip Camp, Director
Department of Facilities Managemem
DATE:
HAR 1 7 1998
Executive Summary Bid/4 97-2751
Page 2
Stephen Y. Carnell, Director
~g Department
REVIEWED BY: ~ DATE:
~o £. o~ ~r.,
Adm~vrative Servi~on
TABULATION FOR BID #9%275 I
"Wa~erl:reofing Administraton Building "lv'"
'NVITAT1ONS SENT TO: 41 Vendors
IK)STI~G DATE: Oclobcr 23,1997
OPENTNG DAT~: November 19, 1997
Waterproofing of Adm inisa-afion
Building ~F"
Total Fixed Price
Prompt Payment Terms:
A~.q.-nfla Ack.nowle-~g.'d:
Net 30 days Net ;~0 days Net ;~0 ~.vs Net~ d~.'s
¥,'IT%'~SS:
") ,
John W. l~'rrchner, .Purchasing Tec?.nician
"No Bids"~...:,.--'-o"'-~ fro,n:
AWARD I'ROC£DL'R~: Copies of all Proposals and Tabulations for this bid h:ve been forwarded to the inifiafir.$ d:p~.'-ancnL Al~cr all
~.'e;'os::s .:;: e~ alu:'.:-~, tko rc:ommcnd:tion of n~atd a':,ll be posaed (typically on Wednesday or Thursd~') ou~id', the offices of the
D:: ~"..-..:.-.:. ;5or ~o th: rr.-sentation of awed to thc Beard of Count.' Commissioners. P~nies interested in the roms of the award proc,'ss
c,:~:.: :~:: ?::,:h~ir.r. Devmmcnt a: 9-I 1/774-8425 to yetiS' thc official r~ru~ of each contract. Subsequem to a~,,',,..'d., ~c awatdcc will be
't? reich: ::%' ;'urc.has~' or;J:r or receipt ora conu'act fo: signature.
HAR1 71998
'I'^~3UI. ATION FOR BID #9%275
"Wattrproo~ing AdmlnLstraton Building
D,O/~AT1ONS SENT TO: 41 Vendor~
POSTING DATE: October 23,1997
OPENrNG DATE: ~ovember 19, I~97
I .. V~'DOR N.~,~,m ..... K.,~,:T~,~/~t2CEFI I i i
I I ! I I !
S S
Prompt P=.~ment Terns:
1,~% IG'- days __% .days
~,'e: 30 days Nc: }0 days },:ct. }0 days
· ..~s .__~'o v£s , ~:o ,,'~s ~,'o
. % da}'s
lge.~ }0 days
.__~s ~,'o
"No £..i r .... ~ .. fro.-..:
.0
DcF:~.:r.:. g~or :o ch: ;r::t:=rion of ax~:~ to ~e gc~d o~ Cou~' Co~iuio~e~. P~i~ ~:~=d ~ :~c ~ orate awed proct~ may
by ~:~: :fa p:::~: ore:r er ri::!;: ora co~ for
MAR 1 7 1998
P,a,..._ ~
A RESOLUTION APPROVING TI-IE SATISFACTION OF LIENS FOR CERTAIN
RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND
SAID LIENS APE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION
AND DISPOSAL SERVICES SPECIAL ASSESSMENTS
OBJE~: That the Board of County Commissioners adopt a Resolution approving the
Satisfaction of Liens for certain residential accounts where the County has received payment ia
full for the 1994 Solid Wame Collection and Disposal Services Special Assessments.
CONSIDERATIONS: R~solution 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 As~,ssments and a mailing of a written notice of the imposition ofe. ach
residential unit lien. Resolution blo. 95-475 was recorded on September 14, 1995 in Official
Record Book 2099, Pages 1338 through 1574 ofthe Official Records of Collier County, Florida,
which placed a lien on certain residential properties for the 1994 Solid Waste Collection and
Disposal Services Special Assessments.
Collier County Ordinance No. 90.30, as amended, provide~ that Satisfaction of Liens shall be
approved by Resolution of the Board of County Commissioners.
The attached Resolution list the I account that has paid in full for the 1994 Solid Waste
Collection and Disposal Services Special Assessment Lien.
FISCAL EM'PACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution
is approximately $6.$0 which is to be charged to Account No. 510-102030-649030.
GROWTIt MANAGEMENT IMPACT: None
RECOSUd'ENDATION: That the Board of County Commissioners adopt the attached
Resolution approving the I Satisfaction of Lien for the account listed in the Resolution and
authorizing the Chairman to sign the I Satisfaction of Lien for the 1994 Solid Waste Collection
and Disposal Services Special Assessment Lien.
Para Call/~, Revenue Superv'~isor
Dep/a~/.,eT~ of Revenue
Ter~s~ A. l~iegen, Re'venue Manager
Department of Revenue
Reviewed
Joh~"~. Yonkosky, Di~ctor
Dep~'¥~ent of R~xr~h"fi~nue
Approved by: ' .~'~
I',eo Ochs, Jr., Adm~rhtstrator
Support Services D~vtsion
Date:
Date: ._,~/.~../c~ ¢'
MAR I 7 lgg8
C~unty Attorney
3301 East. Tsm[ami Trail
N~[:)les, F'iortds 34112
(941) ?74-84OO
Property Folio No: 81731800006
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA m Ibc
owner and holder of · certain Lien against
Bernard =& Pearl M Hody
% Grace Hody
P O Box 10436
Naple~, FL 33941
The Uen was mcon:led onthe 14~' day of September, 1~5, in Official Recea:l
Rook 20~9, Pages 1338 through 1574, in the Office of the Cleft[ of Ihe Circuit
Court of Collier County, State of Florida. The Lien ~cur~ the pffnctpal sum of
One Hundred Four DoEam and Thirty-Seven cents ($104.37) plus accrued
interest and penalties, if atty, and impose~ certahl obligatJo~ agaln~ real
property situated in ColOr County, Florida. described a~ follows:
WHISPERING PINES BLK B LOTS 30 + 40 OR 1648 PG 645
Folk) No. 81731800006
Project No. 84000
Account No. 28626
The Clerk of the Circutt Court i~ hereby dimct~ to record tt~ Satisfaction
Lien in the ~ Records ~f Collier Court, Fkxida, t~ ~nowtedge l~t
Lien ce~,~ to e~ist.
IN WrI'NESS WHEREOF, the Bored c~' County C. em~t~Jaelm~ ~ Coller
~ 1998.
ATTEST:
DWIGI-fT E. BROCK, Cterk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY', FLORIDA
BARBARA B. BERRY, CHAIRMAN
I
4
6
tO
13
~4
20
RE$OLLmON NO.
A RESOLUTION APPRO~NG SATISFACTION OF UEN$
FOR CERTAIN ACCOUNTS THAT PLA~ PAID IN FULL THE
1994 SOLID WASTE COLLECTION AND DISPOSAL SERV1CES
SPECIAL ASSESSMENTS.
23
24
26
27
28
29
30
31
32
33
34
36
37
38
39
4O
41
43
WHEREAS, pursuant to Coil'mr County Om'in·ncc No. ~}-30, aa amended, tt~ Board of
County Commissioners on August 22, 1995 adopted Resolution No. g5-475 nu0'~tzJng the
recording of notices of liens for the delinquent ~311d wast~ colleclfon and disposel services special
ese, ese'neats for 1994; ~
WHEREAS, ColOr County ~ No. 90-30, aa amended, mqukaa Ihe Board to
approve by Resolution and record tn t~e Official la~cor~ a 8atlsfaclkm of Ue~ on all account~ ~at
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 Ordin&-tce No. g0-30, aa
amended, the Board recognizes full payment and recei~ of the lg94 aerate Year 8gild Waste
Collection and Disposal Special Assessment for the following accounts numbered below,
subsequent to the adoption of Resolution No. 95475, whereupon · lien had been reoordad en real
property pertaining to the accounts k:lent~ed herein. The 8ati~s of Lien attached hereto
referencing the account~ identff'ted herein am hereby approved and t~e Chalmmn IS, hereby
a~thodzed to sign on behalf of the Boa~ of County Commissioners, and the Clerk Is directed to
record this Resol~on and these Satisfactions of Lien ind'rddual~ in the offidal records of Colrmr
County:
Account No. 28525
This Resolution adopted thIs .....
majority vote.
ATTEST:
DWIGHT E. BROCK, CLERK
..... day of
,1~g8 after motlee., second
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORJDA
BARBARA B. BERRY, CHAIRMAN
Approved as to form and
legal sufficiency:.
David Wel,'~el
County Attorney
A/?ROVAL OF BUDGET AMENDMENTS
BCC A~ends of 3/17/98
General Fund (No.
Budget Amendment No. 98-173
AC,~NDA~
BOARD OF COUNTY C, :.\tMISSIONERS
MISCELLANEOUS CORRESPONDENCE
MARCH 17, 1998
FOR BOAJU3 ACTION:
Satisfaction of Lien: NEED MOTION authori~ng the Chairman to sign Satisfaction of
Lien for Services of the Public Defender for Case Nos.: 96..9115-MMA, 96-10318-
MMA, 96-9763-MMA, 96-5427-MMA, 95-4734-MMA, 95-0342-CFA, 95-2929-MMA,
97-1085-MMA, 95-6188-MMA, 97-5150-MMA, 97-2592-MMA, 9'/-1216-CFA, 97-
3568-MMA, 95-6822-MMA, 97-8284-MMA, 97-0643-MMA, 96-9487-MMA, 97-5887-
MMA, 97-0961-MMA, 97-5144-MMA, 97-1146-CFA, 97-2191-MMA, 97-6484-MMA,
97-4203-MMA, 9?-???8-MMA, 97-8036-MMA, 96-10412-MMA, 97-1629-CFA, 97-
?447-MMA, 97-8215-MMA, 97-3376-MMA, 97-3374-MMA, 97-3375-MMA, 97-9379-
MMA, 97-?773-MMA, 97-8085-MMA, 97-8738-MMA, 97-8881-MMA.
2. MISC]~LLANEOU$ ITI~MS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
o
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
February 16 - 20, 1998.
4. Minutes:
Joint meeting of the Board of Lee County Commissioners, the Collier County
Board of Commissioners and the U.S. Army Corps of Engineers - minutes for
February 11, 1998. Referred to BCC.
Bo
Collier County Airport Authority - minutes for December 15, 1997 and agenda for
February 9, 1998. Referred to BCC.
Co
Beach Renourishment/Maintenance Committee - agenda for February 12, 1998.
Referred to BCC.
Do
Emergency Medical Services Advisory Council - agenda for February 25, 1998.
Referred to BCC.
Eo
Enterprise Zone Development Agency - minutes for November 13, 1997.
Referred to BCC,
Fo
Environmental Advisory Board - minutes for January 7, February 4, 1998 and
agendas for February 4, and March 4, 1998. Referred to BCC.
Go
Golden Gate Beautification Advisory Committe~ - minutes of Sanuary 12, 1998
and agenda for February 10, 1998. Referred to BCC. AREN,D',A ~EM
Ho._/~.~'
1998
Ho
Po
Collier County Historical &: Archaeological Preservation Board - m;nutes for
Febru~y 20, 1998. Refen~ to BCC.
Collier County Landfill & Materials Rec~v~ Facility Citizens Advisory
Committee - minutes of Decem~ 11, 1997. Referred to BCC.
Lely Gold Estates Beautification Advisory ~ - minutes for January 9,
1998 and agenda for February 13, 1998. Referred to BCC.
Library Advisory Board - minutes of.lanuary 28, 1998. Referred to BCC.
Parks & Reereaticm Advisory Board - mlnut~ for November 19, 1997, ,lanum-y
:28, 1998 Md agetutas for.lanuary 28 & Febnm~ 25, 1998. Referred to BCC.
Pelican Bay MSTBU Advisory Committee - agenda for March 4, 1998. Referred
to BCC.
Collier County Planning Commission - minute~ for.lanuary 29, February 5, 1998
and agenda for March 5, 1998. Referred to BCC.
County Government Productivity Committee - Minutes for December 17, 1997
and Februwy 18, 1998. Referred to BCC.
Technical Advisory Committee & Citizens Advisory Committee of the MPO -
minutes for November 19, 1997 and agenda for :~anuary 21, 1998. Referred to
BCC.
Collier County Water & Was~ewater Authority - minutes for October 27, 1997,
3anuary 26, 1998 and February 11, 1998. Referr~ to BCC.
No. (~'
HAR ! ? 1998
EXE~ SUMMARY
RECOMMENDATION TRAT THE BOARD OF COUNTY COMbflSSlONERS AS
OFFICO THE GOVERNNG BODY OF THE COLLIER COUTNY WATER-SEWER
D1STRICT APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO TFIE
EASEMENT ACQUISITION ON PARCEL NOS. ?02~ ?03, 902 AND 903, WAYSON
UNDERGOV D UTm S, r c. rN LAwsurr E TrrL D COLM ,R
v. W LLL4 A. NSLEY, ,d, CASE ( ORTH CO mTY
REGIONAL WATER TREATMENT PLANT 8-MGD WELLFIELD EXPANSION
PROJECT).
~ Tha~ the Bo~d of County Con-~nissioners as ~..officio the governing body of
~e Collier County W~t~'oSewer Di~ric~ ~rprov¢ the Stipulated Final Judgrn~! as full and final
compensa6on to be p~id for the ao:luisition of Utility Wellsit~ Easements on P~.~I No~. 902 and
903 and T~por~ry Con~U'uction ~en~ from 3/1/97 to 3/~/98 on Parcel No~. 702 and 703
for the ~orth County Regional W~ter Treatment Plant 8oMGD W¢llfield £xp~nsion Projec! in
CONSIDERATIONS: The Board of County Commissioners on lanuary 9, 1996 adopted
Resolution Nos. 96-13 and CWS 96-1 authorizing staff to acquire the necessary raw water well
site easernents in fee simple by gift, purchase or condemnation for the North County Regional
Water Treatment Plant 8-MGD Expansion Project. On June 17, 1996 an Order of Taking was
entered in Collier County Circuit Court regarding the acquisition of easements for the North
County Regional Water Treatment Plant 8-MGD Wellfield Expansion Project. On July 5, 1996,
Collier County deposited with the Registry of the Court the sum of Eight Hundred Dollars
($800.00) for Parcel Nos. 702, 703, 902 and 903 in accordance with the Stipulated Order of
Taking. The County and the Respondent have entered into a Stipulated Final Judgment subject
to the approval of the Board for the purpose of fully and fairly compensating the Respondent for
the taking of the property for a public purpose pursuant to Chapter 73, Florida Statutes.
The Stipulated Final Judgment attached as Exhibit "A" provides for the settlement of the above
referenced case as to Parcel Nos. 702, 703, 902 and 903. The Stipulated Final Judgment
provides that the County pursuant to Chapter 73, Florida Statutes, pay an additional Four
Thousand Five Hundred Dollars ($4,500.00) into the Registry ofthe Court.
Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider
them to be re~.$onable.
The Defendant recovers fi'om Collier County the sum of Three Thousand Dollars ($3,000.00) for
Parcel Nos. 902 and 903; Two Hundred Dollars ($200.00) for Parcel Nos. 702 and 703. The
County and the Respondent's attorneys have reached an agreement as to the Respondent's
reasonable attorneys fees and costs in the total amount of Two Thousand One Hundred Dollars
($2,100.00). The Stipulated Final Judgment requires the County to deposit the Four Thousand
Five Hundred Dollar ($4,500.00) payment into the Court Registry within thirty
Executive Summary
CC v. William A. K;n~l~/, c! ~I.
Paso 2
the date of the Stipuhted Final Sudgment, ~ubject to thc approval of the Board of County
Commission~.
~ The cost and fiscal impact is Four Thousand Five Hundred Dollars
($4,500.00) charged agzinst Water Capital Projects Fund and Cost Center No. 412-273511-
70859 and will be deposited into the Registry of the Court.
GROWTH MANAGEMENT IMPACT: The project is consistent with the capital
~r?rovement element of the County's Growth Mmmgement Plan (CIE 859) and the subject
acquisition was a requirement for the project.
I~ECOMMENDATION: That the Board of Coumy Commissioners, and as ex-officio the
Colli~r County Water-Se~,~r District:
I. apl~VC thc Stipulated Final Judgment; arut
2. approve the expenditure of the fund, aa stated; and
3. direct staffto deposit the funds into the Regigay of the Court.
Prep~ by:
Wadi
ssis~nt County Attorney
Date
Ap ved by:
Adoif8 Go~iez, Di~~ Date--
Office of Capital Prc~ects Management
Public Works Division
Approved by:
DaCid C. We~'[1- ~2
County Attorney
Date
h'~e~./rx surr~nsry/CC v. Kindey Parcels 702, 703, 902 & 903
2
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of
the State of Florida, and
THE COLLIER COU1TI"f WATER-
SEWER DISTRICT,
Plaintiff,
vs.
WILLIAM A. KINSLEY, et al.,
Defendants
Case No. 96-1315-CA-01-DRM
Parcel Nos. 702, 703, 902 and 903
~0TION FOR ~TIPULATED FINAL
Plaintiff, and Defendants, WAYSON UNDERGROUND UTILITIES,
INC. by and through their undersigned counsel hereby move the
Court to enter the foregoing Stipulated Final Judgment as to
Parcel Nos. 702, 703, 902 and 903 in the above-styled case.
M. ESQ.
Airport Rd., Ste. 315
Naples, FL 34112
(941)774-4000
FL Bar No. 947210
ATTORNEY FOR DEFENDANT,
WAYSON UNDERGROUND UTILITIES,
INC.
ROD.NEY ~/. WADE, ESQ.
Assist~ht County Attorney
3301 Tam/ami Trail, East
Administration Bldg. Sth Flr.
Naples, FL 34112-4902
941/774-8400 (Telephone)
FL Bar No. 374091
ATTORNEY FOR PLAINTIFF
EXRIBIT "A"
AG£NDA31EM,
1 7 lgg8
IN THE CIRCUIT COURT OF TW~
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of
the State of Florida, and
THE COLLIER COUNTXWATER-
SEWER DISTRICT,
Plaintiff,
vs.
WILLIAM A. KINSLEY, et al.',
Defendants
/
Case No. 96-1315-CA-01-DRM
Parcel Nos. 702, 703, 902 and 903
~TIPULATED FINAL JUDG]HENT
THIS CAUSE having come before the Court upon a Joint Motion
made by Plaintiff and the Defendant, WAYSON UNDERGROUND UTILITIES,
INC., by and through their undersigned counsel for entry of a
Stipulated Final Judgment as to the above-styled case, and it
appearing to the Court that the parties are authorized to make
such motion, the Court finding that the compensation to be paid by
plaintiff is the full compensation due the Defendant, WAYSON
UNDERGROUND UTILITIES, INC., and the Court being otherwise fully
advised in the premise thereof, it is thereupon
ORDERED AND ADJUDGED that the Defendant, WAYSON U}~DERGROUND
UTILITIES, INC. have and recover from the plaintiff, COLLIER
COUNTY, FLORIDA and the COLLIER COUNTY .WATER-SEWER DISTRICT, the
sum of Three Thousand Dollars ($3,000.00) for Parcel 90; and 903,
non-exclusive perpetual Utility Wellsite Easements; Two-H~mdred
Dollars ($200.00) for Parcels 702 and 703, Temporary Construction
Easements through March 31, 1998, as full payment for the property
interest taken and for any other damages resulting to the
remainder, if less than the entire property was taken, and for all
other damages in connection with said parcels; it is further
ORDERED,
1. That the Plaintiff shall provide non-maintenance xerascape
landscaping to be constructed in and around Parcels 902 and 903
and shall be maintained by the Plaintiff.
2. Ail landscaping, buffering or any other improvements
constructed by the Plaintiff in and around Parcels 902 and 903
shall be placed in sufficient distance from the utilities
structures and facilities so that the p~oposed improvements do not
interfere with the operation and access to and maintenance of the
utility facilities located within the non-exclusive perpetual
Utility Well Site Easements by the Plain=iff.
3. That the Plaintiff shall pay the Defendants' reasonable
attorney's fees and costs in the total amount of Two Thousand One-
Hundred Dollars ($2,100.00).
ORDERED, that the Plaintiff shall deposit an additional sum
of Four Thousand Five-Hundred Dollars ($4,500.00) into the
Registry of this Court within 30 days from the date of Stipulated
Final Judgment, subject to the approval of the Board of County
Commissioners; it is further
ORDERED, that the Clerk of this Court shall distribute the
sum of Three-Thousand Dollars ($3,000.00) for the non-exclusive
perpetual Utility Well Site easements taken; Two-Hundred Dollars
($200.00) for the Temporary Construction Easements; and Two-
1 7 1998
I'i. ,.5'
Thousand One-Hundred Dollars ($2,100.00) for attorney*s fees and
costs, less any amounts previously paid to the Defendant for the
parcels referenced herein, to Sanford Martin, Esq., Trust Account,
c/o Sanford Martin, Esq., 2500 Airport Rd., Suite 315, Naples,
Florida 34112; and it is further
ORDERED, that the property interest taken as a non-exclusive
perpetual utility well-site easement being fully described in
Exhibit 'A" attached hereto and incorporated herein, which vested
in the Plaintiff pursuant 'to the Order of Taking dated June 17,
1996 and the deposit of money heretofore made, is approved,
ratified and confirmed; it is further
ORDERED, that this Stipulated ~nal Judgment is to be
recorded in the Official Records of Collier County, Florida.
DONE AND ORDERED in Chambers, at Naples, Collier County,
Florida, this day of , 1998.
conformed copies to:
Sanford M. Martin, Esq.
Andrew I. Solis, Esq.
Vincent Murphy, Esq.
Rodney C. Wade, Esq.
First Union Mortgage Corporation
Richard L. Jaeger, Trustee
Anthony J. Gargano, Esq.
Milmir Construction, Inc.
Certified Copy, E. Weber, Legal Asst.,
Collier County Attorney's Office
Bookkeeping
DANIEL R. MONACO
Circuit Court Judge
17 I g8 I
....... -'~ ......... III ~m m--- - II II
~SE~ DES~IP~ ~ ~mP~Y C~S~UC~~~0207920006
A PR~O~D ~MP~ARY C~S~UCR~ EA~EHT 0~, ~DER A~ A~OSS
A~ ~AT PART ~ SEC~ON ~6, TO~IP 4B S~. R~ 26 EAST. C~ER
C~N~, ~[DA, B~NG U~E P~~Y DE$~IB~ AS F~O~
~ENONG AT ~E N~ST ~N~ ~ ~XCT I7, ~T 6, G~
ESTA~S, P~T B~ ~, ~A~ 93, ~ H ~'44'~' E A ~STAN~ ~ ~0.~
BE~ING ~ ~E ~T ~gH BDNG D~BED:
~CE H ~'~'~ E A ~ST~ ~ 35.~ ~ET;
~EN~ S ~44'~' W A DIST~ ~ ~ ~ET; .
~EN~ S ~'44'~' ~ A DIST~ ~ 20.~ ~ET TO ~E P~NT ~ BE~NNING
~ ~E EA~ENT H~EIN DES~IB~;
SUS~CT T~E~S ~D ~ES~Cn~S ~ REC~D.
SEC~ON ~
T48S
R26E
N ~9~6'00'W ~ ~UP~ARY
CONS~UC~ON
~ ~5,00 /
!~
~_ _ '_~
P.O.C.
~OR~ST CORNER
O~ ~CT 17
17
NOT A SURVEY
for: COLUER COUNTY, FLORIDA {project: N.C,.R.W.T.P.
V~.LL EXPANSION.
title:
SKETCH · DESCRIPTION OF' TEI~PORARY CONSTRUCTION EASEIdENT
EXHIBIT A
AGENDA ITEM.
~4~,~. 1 7 698
~d sur~7o~
date:
AUG1JST 3, 1995
scale:. {book:
1' m 30' lpoge:
project Iocad:S163-E8
no.: 70~6 ] tmch:. 7088
Exhibit A
xs x ~ ~oa ~-~Z~ORARr co~smucno~ ~~c~z, m.: 7o~
~20 36
COUM~NG AT ~E N~ST ~N~ ~ ~ACT 49, UNIT e,
ESTA~S, P~T B~ ~, ~AGE ~3, ~N~ ~ 00'44'~' E A DIST~ OF 60.00
FE~; ~CE S 8g~6 ~ E A DIST~ ~ 25.~ ~ TO ~E P~NT
~CT TO ~~ ~D RES~CW~S ~ REC~D.
~iEL R. ~v~EZ ~ P.L~ 5358
' ~ ~P~Y
CONS~UC~
65.~
SEC~ON 36 _ ~ ..... ~
R26E ~ S 89~6'00'E ~ I ·
S ~9'16'00'E
P.O.C. NOR~ST C~NER
~ ~ACT 49
' 49
A SURVEY
for: C~_LI/R C~NTf, ~rDA ~pro~ct: N.C.R.W.T.P.
~ ~AN~ON
,wlaw, ~,.~ .... scale: book:
'111111
llust~ ~EUNDAGE~
hibit A
DF_SCt~TiON OF PROPOSED WB.L ~T
ESTA~ ~T B~ 4. PA~ 93, ~ H ~ E A ~T~
~ S ~'~' W A ~TAN~ ~ 20.~ ~
~C~ ~
T48S ·
R26E ·
S 8976'00'E~
~o.~ ~ .
P.O.C. N~ST
~ ~ACT 17
-'" 16 17
NOT A
UUe: ~ ~DES~P~ ~ ~:~ ~ ~~ITeM.
,,,..~~ ~ F,~ 1 7 ~8
iiiii ·
~ ~ ~ ~ ~m ~ ~ ~ ~ L~--: ~:~ =-: - iff°': 7086 tach: 7086
Exhibit A
DCSCPJPTIONOFPROPOSEDWELLEASOJENT
A PR~ tt~LL ~T OVF.,R, UNDER ~ ACR~ ~ ~AT P~T ~
SECTiON 36, TOWHSHIP 48 SOUTH, RANGE 26 EAST, C'CXJJER COUNTY'
FLORiDA, BE~HG &iOp, E PARTI~Y DESC~BED AS FOLLOWS:
~ ~T HERE;H DESO~ED:
COt4TAIMN0 0.052 OF AN ACRE OF* LAND I, IORE OR LESS:
SU~CT TO EASEI,;ENTS AND RESI~ICTIOt4S OF* RECORD.
,~J~IE~ R. AL VAREZ - -- ~) P.L$.
.T~CTIGN
T485
IV
50.00
·
~1 12.
s ~ 2s. oo
~.oo ,~ ~-P.O.B.
lOC project: t,LC.R.W.T.P.
' AGt. NU %IIIM
~...~,~ ,,.,,. · date:
....<~-,-- .',,-~ I 7 ~ .~uu'usr 22. ,9;~ __
III IIIl'lr~ .....
.,,,,,,~. :, ..... s~r.. book:
'~"""*"-~ /'0 1' - .I0' ~ege:
""'" Pi. - · -
.... ~ m. ,,- ~ ~ ~ ~ ,~ --". -~.~.-.. 70~6 tech: 7086