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Agenda 02/17/1998 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 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 THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SUIIJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMIN~TRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OPTHE MEETING AND WILL BE HEARD ULCER ~PU~LIC PETITIONS". ANY PEI~ON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSIfRE THAT A VEKBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAJg. ASSISTED LISTENING DEVICES FOR THE HEARING IMI~AIRED ARE AV~UABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. I~'VOCATION - Reverend Dr. Les Wicker, Naples United Church of Christ 2. PLEDGE OF ALLEGIANCE $. APPROVAL OF AGENDA AND CONSENT AGENDA 4. APPROVAL OF MINUTES 1 February 17, 1 ~8 S. PROCLAMATIONS AND SERVICE AWARDS e A. PROCLAMATIONS 1) ProcLtm~*.k)n prochiming the week of Februlry 22-2S, 1998 ts Engineers Week. To be accepted by John Stereo Kemptoa, P.E., Vice President FES Calusa Cimp~er. IL SERVICE AWARDS 1) Daniel Wilcox - Traffic Operltione - 10 yem :2) Martlyn C'htmpe&n - Revenue Services - S years C. PRF. S£NTATIONS 1) Presentation of "Phoenix Awards" to recognize EMS PartmedJcs~ who thrm~gh their skills &nd knowledge, have successfully revived an Individual 6. APPROVAL OF CLERK'S REPORT 1) ANALYSIS OF CHANGES TO RESERVES FOR CONTXNGKNC]~S. '/. PUBLIC PETITIONS 8. COUNTY ADMI~LSTRATOR'S REPORT ,6. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES O B. PUBLIC WORKS 1) Approve a Developer Coa(rJbuflon Agreement with Long Bay Partner3 (LBF) for the construction of a IMrtk)n of Livinp~oa Road lying between Immokalee Road (CR846) and the Collier-Lee County Line." 2) Award a Contract for Bid No. 97-2771, Removal of Non-specJf3catkm Material from the Naples Beach to C.B.E. Trucking Company, Xnc. in the amount of $~982.00 and report on other Beach Remmrishment Project Matters. C. PUBLIC SERVICES D. SUPPORT S£RVICF. S 1) Discussion regnrding fire services in the County's Dependent Fire and Rescue Control Special Taxing DJstric~ F.. COUNTY ADMi~qlSTRATOR 1) Approve funding S2S,000 for Southwef~ Florida's Gulf Corns( Cooperative Progrlm with LTU AJrilnes, Tourist Development Fund& Specisd Events Category. 2) Direct County Attorney to amend Ordinance No, 92-60 to include one non-voting Tourist Development Council memher. 3) Approve beach renourisbment Tourist Development Tax fundinf as follows: (I) post-construction monitoring beach rertoratiou project S322,300 (2) noaltortng Marco lJland Breakwater Project S26,290, (3) monitoring Marco Ldtnd T-Grnin Project $I 18,.360 Tourist Development Funds, Beach Rcnourishmcnt Category. 4) Approval of an amendment to the lease afrtemez:t between CoOler County and Primeco Personal Communications for property Iocztt, d at Vineyards Community Park. F. .A.IP,.PO RT AUTHORITY 9. COUNTY A'I-/'ORNEY'S REPORT A. Request by the Housing Finance Authority of Collier County for approval o(' a Resolution authorizing the Authority to issue Multifamily Revenue Refunding Bonds to re-finance zu ezlstiug apartment project which was originally financed with bouda of' the Authority. 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the County Government Productivity Committee. B. Schedule Board of County Commissioners' vacation. 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS PUBLIC HEARINGS WILL 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTHER 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOA.RD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All ma.ers listed under this item are considered to be routine and action will be taken by one motion without separate dl~Jcussion of each tten~ If discuss{on ~.-~,,.,,,,,.,, ~ ~ ~ oo~ desired by a member of the l~ard, that item(s) will be removed from the Consent Agenda and considered separatcly. A. COMMUNITY DEVELOPMENT & I~NVIRONMENTAL SERVICES 1) Re. quest to approve the final plat of Fiddler's Creek Phase IB, Unit Three. 2) Request to ~'ant final acceptance of the roadway, drainage, water, and sewer Improvements for the final plat of "Laguna Roynse". 3) Request to approve the finnS plat of Pelican Strand Replat - 4. 4) Petition C-98-3, Our Lady of Guadnsupe Catholic Church requesting a permit to conduct a carnivns from March 4 through March 8, 1998, on their church grounds located at 219 South 9" Street in Immokalee. B. PUBLIC WORKS 1) Approval of tn Effluent Use Agreement with Autumn Woods. 2) Declare a portion of the property known as the Marco bland Transfer Station as mt-plus and authortz~ staff to advertise the property for Ltle to the public. Approve Budget Amendments recognizing Carry Forward amounts frmn 97 for Road Projects in Funds 313, 331,333, 334, 336, 339 & 340. 4) This item has been deleted. 5) Accept conveyances for the Faka Union Canna. 6) Award a Contract for Prx)fessionsl Engineering Set'vices &nd increase the Project Budget for the South Naples Community Park through unbudgeted and available Community Park Impact Fee Funds. RFP 97-2745 - Project ~0037. C. PUBLIC SERVICES 1) Direct staff to forward to the Baysbore MSTU committee a propoLIl to include the acquisition and development of land for a neighborhood park as part of the proposed improvemen! project. D. SUPPORT SERVICES 1) Approval and execution for Satisfactions of Claim of Liens for Water &nd/or Sewer System Impact Fees. 2) Approval and execution of Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees. 3) This item has been deleted. 4) Award s contract for the County's pre-employment PhysicnS &nd Drug Testing Program (97-2675). F~ruary 17. 1998 E. COUNTY ADMINISTRATOR 1) Budget ~mend~nt report. F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE 1) SatiKaction of Lieu: NEED MOTION authorizing tbe Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 89-992- IT, 91-282-M1, 92-200~-M'1, 89-964-MMA/~-1142-MMA, 90-1565-MM~ 3119-TM, 88-13~-TM/S~I39-TM, 88-47~6-TMC, 90-3069-TM, 91-6391- TM/9 I~TM, 90-f~99-TM, 91-1852-TM. 2) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS D!RECTEp, H. OTHER CONSTITUTIONAL OFFICERS 1) Approval of Court Servicej (20~ Judicial Circuit) lnvoice~. L COUNTY ATTORNEY 1) Recommendation fha! the Board forward notice to proceed to the Tax Collector for Tax Deed Applicationj on the 1995 County Tax 2) Recommendation to the Board to accept negotiated ~.'~tlement and accept payment in the lawsuit of Collier Coun~', Florida a ooliti~:~! ~bdiv~lign 9f the ~t.a!~ of Florida~ v. Florida Power & Light, a Florida corooraflon and Floyd S, Pike EIectrica! (~ompany~ Inc. t a Florida ~.:orpgrati0n and to authorize the Chairman to execute all necessary ~et~iement document~. J. AIRPORT AUTHORITY 17. ADJOURN INOUIRIE$ CONCERNING CHANGES TO THE BOARD'S A~;ENDA SHOULD BE MAnE I~) T,~£ ~0tJNTY AVMINISTR~T0WS OF~ICZ At Fei~ruary 17, 1998 AGENDA CHANGE~ BOARD OF COUNTY COMMI, g~IONERS' MEETING FEBRUARY 17, 1998 ADD: ITEM $(D)(2) -RECOMMENDATION TO EXTEND THE PROPOSAL PERIOD FOR RFP 98-2779. (STAFF'S REQUEST). WITHDRAW: ITEM 8(B)(2) - BID No. 97-2771- removal of non-specification material from the Naples Beach to C.B.E. Trucking Co., Inc., in the amount of $99,982.00 and report on other beach renourishment project matter~. (Staff's request). MOVE: ITEM 16(C)(I) TO 8(C)(1) - Direct staffto forward to the Bayshore MSTU committee a proposal to include the acquisition and development of land for a neighborh¢,od park as part of the proposed improvement project. (Staff's request). PROCLAMATION WtlERF~.tS, engineers help to design, construct, and maintain the infra, rtrucrure and facilities that contribute to a tu'gh quality of life for ail rexident~ of Florida; and WHERF_~I& Florida's future gro~h deper~ on engineer~ ~ec~,ag i, movat~, creme. l'n'gh-q,.~lity ~olutio~ to technical proble,~: a~ the xtated pur~e of the Florida Engineering Society .Oaall be to achnance the public welfare and to promote the profe~rional, social, and economic intere_~t~ of the engineering profex~ion and to .rtimul~e and develop profexsionai concept~ among all engineers through education and in practice; and WHERE.&S, current members of the Florida Engineering Society and the Florida Institute of Can.mlting Engineers are mala'ng strides to interact with the engineering education sector to prepare future engineers to maintain our economic leadership and quality of life; and WtlER. F_.~tS, it is fitting that we recognize and honor the continuing contributions of America's engineers by observing Engineers Week with the motto: "Engineering thg Future" ?VOW 11~ J:.JO:.'FOR. E, be tt Proclaimed by the Board ofCOimtY.Camm~ssionerx of Collier County, Florida,' that f,~he ,~qek Of FebrU~ ~2.~,'¢998 ~e designated as ' . · ,~:.. · r.. in Florida,. and ur~g.. ¢.aff resldent.~, 'mira'lO ' "tn"~xrYihgt ~'J~ the contributions of .;,';~'~ ,,g~'~' ~ ~'I~.-;"' ~ ' %,2 ...... >~ .' t ..... ' ,-~" ', ',',.*- '-- ~,'~ .... ..... .., ....... DONE AND ' '-' ; ~¢~,~, '~,. , . ,. ,~,,,, · ~ .~- .' . ~ '~, - . .. :' ' -" ' '"= FEB i998 '"" '- . EXECUTIVE SUMMARY APPROVE A DEVELOPER CONTRIBUTION AGREEMENT WITH LONG BAY PARTNERS (LBP) FOR THE CONSTRUCTION OF A PORTION OF LIVINGSTON ROAD LYING BETWEEN IMMOKALEE ROAD (CR 846) AND THE COLLIER-LEE COIB4TY LINE OBJIiCTIVE: To present to the Board the findings and recommendations of staff with respect to a Developer Contribution Agreement (DCA) between the County and Long Bay P~m. ners (LBP) for the advancement of construction of Livingston Road between CR 846 and the County line in exchange for road impact fee credits. CON~.!DERATION$; On December 16, 1997, the Board approved in concept a draft DCA that would provide road impact fee credits to the developer in exchange for the developer building a portion of Livings/on Road in advance of the time frame set out in the County's Five-Ten Year Work Plan. Since that time, staffhas met with the developer and its representatives and has worked diligently to draft an agreement that would address all of the concerns raised by the Board. Staff's objective in drafting the DCA was to ensure it contained provisions meeting the Board's concerns and County's best interest and, at the same time, met the needs ¢,f the developer. Staff is of the opinion that the agreement being presented meets these objectives. The Board had raised several issues to be considered: 1. The extension of Livings/on Road north from Immokalee Road must continue on through to Bonita Beach Road in Lee County. a. Lee County gave conceptual approval for a Developer Contribution Agreement on February 3, 1998 and directed Lee County staffto incorporate this project into their CIE plan. Their staff is now taking necessary s/eps to prepare their agreement and plan for its funding. b. Collier County staffhas ensured the Collier county DCA contains provisions that restrict impact fee credits to approximately one-half the Phase One cost ($1,500,114) until the completion of Livingston Road to Bonita Beach Road in Lee County. In addition, future impact fee credits are "actual cash value" credit and their sale or transfer is restricted to a small geographical area described in Exhibit "E" until the roadway connects to Bonita Beach Road in Lee Cotmty. After that occurs, sale or transfer will be restricted to Road Impact Fee District No.1. FEB I 7 1998 Executive Summary Approve a Developer Contribution Agreement with LBP for Livingston Road Page 2 2. The road impact fee credits must be f~.nded such that no other projects within Road Impact Fee Trust Account District (District No. 1) would be adversely impacted. a. Staff has reviewed the currem projects planned for District No. I and the projected draw down of impact fee credits as ~tipulated above and its opinion is that no projects will be adversely impacted by the provisions of this DCA. 3. The County's environmental permits must be protected with respect to implementation of the project witl~n a time frame consistent with those a. The attached DCA will ensure that current permits do not expire prior to construction of the roadway improvement for which they were obtained. In addition, it will protect the County's interest by ensuring the developer is responsible for any violations of a respective permit's provisions during the conduct of project construction work The attached proposed Agreement addresses the foregoing issues and assures that the Pul:lic's interest will be protected. FIS. CAL IMPACT; Road Impact Fee District Trust Account No. 1 (Fund 331) bad a hal;race of $8,436,881 as of February 4, 1998. The first road impact fee credit amount ($1,500,114) will not be available until the first phase of roadway construction is cor, aplete and accepted by the County. This event is anticipated to occur in FY 1999- 20(10. Subsequent credits will not become available until the roadway segment is extended into Lee County and intersects with Bonita Beach Road. It is anticipated that thi:~ event will occur in FY 2000-2001. The total value of the proposed road impact fee credits is $4,433,300. Annual revenues for Fund 331 have been about $3,000,000 over the pa~t several years and are projected to continue at that rate over the time period covered in this Agreement. GROWTH MANAGEMENT IMPACT; The construction of this roadway segment is co~sistent with the County's Growth Management Plan and is shown on the Year 2020 Roadway Needs Network Plan and the Year 2020 Roadway Financially Feasible Network Plan. FEB I 7 199 PG., ~-~ Executive Summary Approve a Developer Contribution Agreement with LBP for Livingston Road Page 3 RECOMMENDATIONS: The Board approve the Agreement with LBP; authorize the Chairman to sign on behalf of the Board; authorize staffto follow through with the intent of,.he Board's direction with respect to finalizing the roadway plans; authorize staffto continue with all tasks necessary to complete the Board's direction. PREiPARED BY _ ._ DATE: ~.-'/~- ~ Edward J. Kam,-P~~ineer David F. Bobanick, Transportation Services Director REVIEWED BY~~~~~:~ . DATE: ..I-/a-?~' £d I]sc~cr, ?u~Work~; ^dminis~ator Attachments: No. I - Proposed Developer Contribution Agreement FEB 1 7 1998 DEVELOPER CONTRIB~ON AGREEMENT TI;tIS DEVELOPER CONTRIBUTION AGREEMENT is made and entered into the ~ da>' of , 1998, by and between Long Bay Parmers, LLC, a Florida limited liability company, whose address is3451 Bonita Bay Boulevard, Suite 202, Bonita Springs, FL 34134 CLBP'). and Collie: County, Florida, a political subdivision of the State of Florida, whose address is 3301 East Tamiami 'I'rai], Naples. FL 34112 ("County"). WHEREAS, the Livingston Road extension from Immokalee Road (C.R. 846) to the Lee County line and connecting to a Lee County segment that continues to Bonita Beach Road (hereinafter "Livingston Road") ha~, been an integral part of Collier County's transportation plans for rr, any years; and WHEREAS, the County has acquired substantial portions of road fight-of-way along the Livingston Road corridor and is in the process of obtaining the remaining road r:ght-of-way; and W1-IEREAS, Livingston Road is the only north-south arterial between U.S. 41 and I-'/5 that the County plans to extend north to the Lee County line, with no plans currently in existence to extend either Goodlene-Frank Road or Airport-Pulling Road north to Bonita Beach Road; and V,,q--IEREAS, traffic projections indicate that Livingston Road north of Immokalee will provide relief to traffic congestion on U.S. 41 and on 1-75 and will benefit all property owners within Road Impact Fee District 1; and WttEKEAS, Livingston Road will provide improved accessibility for Collier County residents to the Southwest Florida International Airpor~ and Florida Gulf Coast University; and WHEREAS, I_BP is the contract purchaser for the property described in Exhibit "A" (the Property.), attached hereto and incorporated herein: and WHEREAS, LBP's Properw is located north of Immokalee Road west of and adjoining the Livingston Road corridor; and Wq-tEREAS, the Count,,' and LBP have determined that the preferable access to LBP's PropertT is from the ncr'tN/south Livingston' Road corridor: and WHEREAS, LBP is willing to jointly participate with the County to accomplish the timely construction of Livingston Road in accordance with the terms and conditions of this Developer Contribution Agreement; and Wi-IEREAS, such Developer Contribution Agreement to construct Livingston Road is in the best interests of, and is a substantial benefit to, the general public; and WHEREAS, such a Developer Contribution Agreement provides a benefit to the County and LBP by ?flowing the construction of the preferable access to LBP's Property in a timely manner; and WHEREAS, the Collier County Road Impact Fee Ordinance currently in effect, Ordinance 92-22, as amended, provides a mechanism for impact fee credits to be granted to a LBP in exchange for construction of portions of the County's road network: and WHEREAS, both parties to this Agreement acknowledge Road Impact fee Credits shall be a credit ordy ~gainst Road Impact fees, and that such credits shall not offset, diminish or reduce an>' other charges, fees or other impact fees for which LBP is responsible in connection with the development of the Property; and WHEREAS, such proposed plan is in conformity with contemplated improvements and additions to the transFortation network; and WHEREAS, such proposed plan, viewed in conjunction with other existing or r~ror>~sed n~o~ ,~ . will not adv.'2rsely impact the cash flow or liquidi .fy of any Road Impact Fee, Trust Accour~t ir{ [uc~t°12a~ as to frustrate or imerfere with other planned or ongoing growth necessita ed capital improv me n' additions to the transportation network; and WHEREAS, such proposed plan. viewed in conjunction with other existing or proposed plans, will not create a detrimental imbalance between the arterial and collector roadways; and WHEREAS, the proposed plan is cOnsistent with the public interest; and WHEREAS, both panics to this Developer Contribution Agreement acknowledge that the failure of thi:; Agreement to address any permit, condition, term or restriction shall not relieve either party, or their successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permiaing requirements, conditions, terms or restrictions; and WHEREAS, both parties to this Developer Conm'bufion Agreement acknowledge that this Agreement is not to be construed as a development agreement under the Florida Local Government Developer Agreement Act; and WHEREAS, the Lee County Board of County Commissioners has approved a Resolution to amend its Capital Improvement Program (CIP) to a) provide for the acquisition of approximately one mile of right-of-way between Bordta Beach Road and the Lee/Collier line; b) provide for the design of the road; and c) time the acquisition and design such that the construction of the roadway will commence by Janua~ l, 2001. WITNESSETH NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged between the panics, the receipt and sufficiency of which is mutually acknowledged, and in consideration of the covenants contained herein, the panics agree as follows: I. The above recitals are true and correct, and are herewith incorporated as a part of this Agreement. County Commitments: Pba~,e ! ?ha. se I of the project is defined to be the length of Livingston Road from the existing road terminus approximately '700 feet north of Immokalee Road to the proposed access point at LBP's ProperD', said road corridor more specifically shown in Exhibit "B", attached hereto and incorporated herein. 2. The County shall continue with its acquisition by gift, purchase or eminent domain, at the earliest possible date, of all necessary right-of-way for road purposes within the Livingston Road corridor north of Lmmokalee Road to the Collier County/Lee County boundary. The County shall be solely responsible for the payment of all costs and expenses associated with such property acquisition. 3. The County shall be solely responsible for the payment of all costs and for all applications and preparation associated with construction plans and road right-of-way pertaining, including completion of all environmental permits and environmen:al mitigation requirements (land acquisitions, dedications or monetary contributions) by any applicable jurisdictional authority. County's commitment shall include the cost of any environmental or species surveys required by any jurisdictional authority. 4. The County acknowledges that the timely completion of the ro~d right-of-way acquisition, together with the necessary construction plans and permitting, is a critical and fundamental aspect of this Developer Contribution Agreement. Therefore, the County shall acquire the road right-of-way (including completing eminent domain "quick-take" procedures) and £malize the construction plans and permitting. including completion of all mitigation requirements, on or before December 31, 1999. 5. Upon completion of the Phase I road construction by LBP and acceptance by the County in accordance with the requirements of the Collier County Land Development Code, the County shall be responsible for maintenance of the Phase I road construction. 6. The County shall engage the services of a qualified Construction Engineering and Inspection (CEI) consultant to oversee all phases of the construction to be undertaken by LBP as set forth below. LBP's Comm.. itments: phase I 7. Within twelve (12) months after the County's ac.quisition of all necessary right-of-way prope%' rights plus completion of all necessary plans and penmts, LBP shall be responsible for the commencement of construction of a two-lane, undivided road between the southern terminus connecting with existing roadway construction approximately 700 feet north of Immokalee Road and the proposed entrance to LBP's Property ("Phase I road construction"). LBP agrees to indemnify and hold the County harmless from all acts, errors and omissions of its agents, contractors, sub-contractors and personnel with respect to any requirement of any permit that has been issued in the name of Collier County. A general description o¥ the Phase I road construction is set forth in Exhibit "C", attached hereto and incorporated herein. The construction of Livingston Road by LBP shall be in accordance with the construction plans, specifications and permits provided by the County. The cost of the road construction, including fill, is estimated to be 53,195,700 pursuant to the certified estimate of the cost of construction as described in Exhibit "D" amched herein and incorporated herein. 8. Upon commencement of the Phase I road construction, LBP shall convey to Collier County road right-of-way for the north/south Livingston Road corridor via easement or warranty deed in accordance with existing commitments in Planned Unit Development documents applicable to LBP's Property. The estimated cost of such north/south right.of-way dedication to LBP's project entrance is $205,000, subject to a County-approved real estate Appraisal. The credit shall be based on the appraiser's determination of fair market value. 9. The value of LBP's contributions for Phase I of the project are an estimated total of $3,400,700. In addition. LBP shall reimburse the County for all costs for the CEI consultant previously mentioned. The expenses incurred by LBP pertaining to'the CEI consultant shall be considered a project cost and LBP shall receive road impact fee credits as set forth in this Agreement for such expenses. In addition, I_BP shall receive road impact fee credits for surveying and engineering costs incurred by LBP to construct the Phase I road co~truction upon submission of the actual construction costs certified by an engineer oT' architect. County Commitments: Phase II Phase II of the Livingston Road project is defined to be the length of Livingston Road from the proposed access point at LBP's Propens' to the Lee County line, said road corridor more particularly shown on Exhibit "B", attached hereto and incorporated herein. 10. The County's commitments for Phase II of the Livingston Road construction shall be identical to the County Phase I comminnents including the cost of right-of-way acquisition, costs and applications, for construction plans and permitting, including the costs of mitigation and shall be completed by December 31, 2000. Upon completion of the Phase II road construction and acceptance by the County, the County shall be responsible for maintenance of the Phase II road construction. 3 FEB 1 7 1998 LBP C9lnmitments: Phase II 11. a. Commitments for improvements: Not later ~ December 31, 2001, and after the County obtains all County commitments for Phase II, LBP shall commence construction of Livingston Road as a two-lane, undivided road from LBP's Property entrance to the Lee County line ("Phase Il road construction"). LBP's total estimated cost of the Phase II construction is approximately $1,377,600, including roadway fill. roadway construction and land donation described in paragraph 11.b. A general description of the Phase II road construction is set forth in Exhibit "C" and incorporated herein. The certified esfimat~ of the Phase II road construction costs is attached hereto as Exhibit 'D" and incorporated herein. LBP shall also reimburse the Count)' for all costs of the CEI consultant mentioned above. LBP shall receive road impact fee credits for costs and expenses it incurs for the CEI consultant, engineering and surveying relating to Phase Il road construction upon submission of the actual construction costs certified by an engineer or architect. b. Commitments for right-of-way: Upon commencement of the Phase Il road construction, LBP shall convey to Collier County road right-of-way for the north/south Livingston Road corridor via easement or warranty deed in accordance with existing commitments in Planned Unit Development documents applicable to LBP's Property. The estimated cost of such north/south right-of-way dedication to LBP's project entrance is $400,000, subject to a County-approved real estate Appraisal. The credit shall be based on the appraiser's determination of fair market value. Impact F~e Credits: Phase } 1.2. In exchange for LBP's road construction and land dedication costs in the amount of approxin~ately $3,400,700 related to Phase I of Livingston Road, a regional transportation facility, LBP shall be entitled to the following: a. Upon completion of the Phase I road construction and submission of actual certified costs of construction. LBP shall receive a road impact fee credit with a value of $1,500,114 ("Phase I Road Impact Fee Credit"). b. Future road impact fee credits in the estimated amount of Sl,900,586 ("Phase I Future Road Impact Fee Credits") which can be utilized by LBP and/or its assigns only upon the completion of Livingston Road to Bonita Beach Road in Lee County provided the total actual credit is consistent with paragraph 22 of this Agreement and further provided that the deed or easement described in paragraph 8 has been recorded in the public records. The Phase I Future Impact Fee Credits shall be an actual cash value credit and shall not be a dwelling unit credit. ].mpact Fee Credits: Phase II '13. In exchange for LBP's road construction and land dedication costs in the amount of approxmlately $1,377,600 as described in Paragraph I1 of this Agreement for the Phase II road construction, LBP shall be entitled to road impact fee credits in the amount of $1,250,000 upon completion of the Phase II road construction by LBP and submission of the actual certification of construction costs ("Phase Il Road Impact Fee Credits"). In addition, future road impact credits in the estimated amount of $127,600 ("Phase II Future Road Impact Fee Credits") shall be granted to LBP. The Phase II Future Road Impact Fee Credits can be utilized by LBP and/or its assigns only upon the completion of Livingston Road to Bonita Beach Road in Lee County and after submission of actual costs of construction by an engineer or architect. The credit for the donation of land .~hall be effective upon recordi.ng o/' the warranty deed or easement. The Phase II Road Impact Fee Credits and the Phase Fl Future Road Impact Fee Credits shall be actual cash value credits and shall not be dwelling unit credits. 4 FEB i ? 199 14. The Phase I Road Impact Fee Credit, Phase I Future Road Impact Fee Credits, Phase Il Road Impact Fee Credits and Phase Il Future Road Impact Fee Credits shall be collectively referred to as "Road Impact Fee Credits." The Road Impact Fee Credits may be assigned by LBP to other properties within the area described in Exhibit "E" until completion of Livingston Road to Bonita Beach Road in Lee County and, thereafter, to other properties within Road Impact Fee District No. 1, whether the property is owned by LBP or by another property owner. 15. LBP reserves for itself and its assigns the right to change the types of uses to which the Phase I Road Impact Fee Credits may be applied. The road impact fee ordinance in effect at the time of applicatio;~ for a building permit shall be used to value any credits which may be convened from one type of land use to another, whether by LBP or any of its assigns. Account~/g.CU_.se_of Road Impact Fee Credit~ 16. Consistent with the timing schedule set foruh in paragraphs 12 and 13 of this Agreement. the County shall apply portions of the Road Impact Fee Credits toward (i) the road impact fees which LBP is required to pay for each building permit which is applied for on the Property or (ii) any assignment of Road Impact Fee Credits to other property owners, thereby reducing the balance of the Road Impact Fee Credit by the same amount. 1'7. The County shall provide LBP with a certified copy of this Agreement, including all exhibits a.~ached hereto, such that LBP's certified copy of Exhibit "F" (Road Impact Fee Credits Ledger) shall serw: as the ledger sheet to document LBP's balance of Road Impact Fee Credit. 1,~. With each building permit issued on the Property, the Count3' shall subtract from the Road Iml:act Fee Credit balance the amount of (i) Road Impact Fees appropriate to that particular permit, or (ii) Read Impact Fee Credits attendant to the particular assignment, and shall enter the new balance in the ledger colunm labeled "impact Fee Credit Balance." 17. Count), shall monitor impact fee collection within the Property to assure that only impact fee credit~ granted to LBP pursuant to this Agreement are used as impact fee payments for all impact fee construction within the Property, until all impact fee credits granted to LBP pursuant to this Agreement are utilized by LBP or assigned in accordance with the terms of this Agreement. 29. The County shall apply all road impact fees collected by the County from properties located within that area described in Exhibit 'E" to the Future Phase I Road Impact Fee Credits, Phase II Impact Fee Credits and Future Phase II Road Impact Fee Credits issued to LBP pursuant to this Agreement. Upon application by LBP, the County may forward to LBP, on a semi-annual basis, said road impact fee payments received by the County. 2I. No sooner than five (5) ye~.rs from the date of this Agreement, upon written application made to the County by LBP, the County may, within sixty (60) days, refund to LBP moneys equal to the current Road Impact Fee Credit balance. In the alternative, the County shall continue to permit LBP to utilize or assign any remaining Road Impact Fee Credits. 22. In no event shall any road impact fee credit be granted for the cost of network improve~nents in excess of twenty percent of the initial certified estimate of costs attached to this Agreement as Exhibit "D'. 23. Upon conveyance of land interests to Collier County, the developer shall provide an anorney':; opinion as to the record title holder of said land interest, which opix;ion shall identify all lien~olde;:s having an),' lien or encumbrance affecting said land interest. 24. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to all successors in interest to LBP. 25. Except as provided herein, this Agreement shall only be modified or amended by a mutual written consent of the parties hereto or by their successors in interest. 26. LBP shall keep or provide for the retention of adequate records and supporting documentation wi'rich concern or reflect the total value of construction or installation of the Road and Utility Project. This information shall be available to County, or its duly authorized agents or representatives for audit, i:~ection, or copying, for a minimum of five (5) years from the completion and acceptance of the roadway improvements by the County. 27. LBP acknowledges that the donations or contributions contemplated under the Agreement shall be co~trued and characterized as work done and property rights acquired by a highway or road agency fi~r the improvement of a road within the boundaries of a fight-of-way. 28. The County shall record this Agreement, in the Public Records of Collier County, Florida, within fourteen (14) days of its execution by the Chairman of the Board of County Commissioners. 29. This written Agreement, includin all exhibi · constitute the entire a~reement a-~ ,,-.-, ........g . _ ts and permits a~ched hereto, shal ..... unug,mxnomg or. me paine, s, and there are no prior o~ contempcraneous wrmen or oral agreements, understandings, promises, warranties or covenants not contained herein. 30. Either party to this Agreement may file an action for injunctive relief in the Circuit Court of Collie~ County, Florida, to enforce the terms and conditions of this Agreement, said remedy being cumulative with any and all other remedies available to the panics for enforcement of the Agreement. 31. County acknowledges that LBP is the contract purchaser of the Property, There Agreement is expressly conditioned upon LBP closing on the Pro e b Ma , f~re, this Date"). In the event LBP does not close on the p :_.rty y rc,h 2.6. 1998 ( Closing Property by the Closmg Date, th~s Agreement shall be null and void. However, in the event the Closing Date is extended ("Extended Closing Date"), LBP shall notify County of the Extended Closing Date and the contingency period set forth in this paragraph shall be automaticalI3 extended to the Extended Closing Date. 35:. This Agreement shall be construed in accordance with the laws of the State of Florida. 3.:,. In the fulfillment of obligations set forth in this Agreement, time shall be of the essence. 6 FEB 1 7 1998 IN WITNESS WHEREOF, the parties have hereunto affrxed their signatures by their duly authorized representatives. Anest: BOARD OF COUNTY COMMISSIONERS FOR Date,:l: COLLIER COUNTY, FLORIDA, A POLITICAL DWIGHT E. BROCK, Clerk SUBDMSION OF THE STATE Oi.-' FLORIDA By: By: BARBARA B. BERRY, Chairman Approved ;~ to form and legal sufficiency: Heidi F. Aahton Assistant County Anorney WITNESSES: LONG BAY PARTNERS, LLC, a Florida limited liability company By: BONITA BAY PROPERTIES, INC., a Florida corporation, Print Name: its Managing Member By: Print Name: Print Name: Title: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 1998, by , of Bon/ta Bay Properties, Inc., a Florida corporation, Managing Member of Long Bay Partners, LLC, a Florida limited liability company, on behalf of the corporation and limited liability company. He is personally known to me or has produced driver's lizense no. as identification. NOTARY PUBLIC Name: (Type or Print) My Commission Expires: ? F£B I 7 1998 COLLIER COU'N ~"7'Y, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. 8EGI?.F'nli'~G ,~.T T'HE SOUTI4EAST CORNER OF T'HE SOUTHWEST I/4 OF SECTION 12, TO'W'NS,u,!p 41 SOUT'ri, R,,ANG E ~ EAST, COLLIER COUNTY, FLORIDA; THENCE RLrN N. 00'$2'0'7" W. ALONG THE EAST L.rh'E. C F SAiD SOLtTI-IWE. ST t/4 OF SECTION J2, FOR A DISTANCE OF 263 I.?$ FEET TO T'4E CEh"I'ER OF SAL9 SEC'TZON 12; THENCE CON ~'TNUE N. 00°52'07" W. ALONG THE. 'EAST LiNE OF THE SOL.TTHEAST [/4 OF THE NORTHWEST I/4 OF SAID SECTION 12, FOR. A DISTANCE OF 1316.T7 FEET TO T'r'.'E NOP. T"H'-ZAST COR.NER OF THE SOUT'NEAST I/4 OF THE NORTHWE,.ST 1/4 OF SAID SECTION 12; IJ~J} Y"HE"NCE RU'"¢ S. !&'.~4'06' W. ALONG THE Sou'rl4 LINE OF THE $ou'rlqE. AST I/4 OF THE NORTHF.,,AST 1/4 OF T'riE I"I©RTIqW -F..SW I/4 OF SAID SEC-rlON 12, FOlk A DISq"ANCE O1'; 662.21 l:rilYT TO THE SOUT'I-I'W -F.~'r' CORN I~R Orr TI IE $O1,,,~'] IF'.,,As"r I/,I O1: 'FI lit NOl('l'l II:.,,A.'~-r 1/4 O1:'1'1 ll~ NOI('I'I IWr.~"T I/4 O1: SAID SF-CTI;)N 12; ~'FFI~-NCr- RUN N. 00"50"'22' W. ALONG THIZ WF...S'P LINE OF TI-IF_ ,5OU"I'HE.AS'T I/4 OF T'~E NORTHE.AST 1/4 OF THE NORTHWE.S-F I/4 OF SAID SF_.C'-FION 12, FOR A DISTANCE OF 658.?1 FEET TO THE NOP. TH",gE,ST COR.NER OF 'i'HE SoLrr~ETkST 114 OF THE NORTHEAST I/4 OF TIlE 'NORT}~'9,/F_.ST 1/4 OF SAID SECTION 12; THENCE RUN N. I~°$$'45'F_ ALONG THE NORTH LINE OFT'HE 8Ot. F'r'}4 E.~A,S'F I/4 or. i'F'I.{F., NORTi I .F...As-r I/4 Or: ~ Ir,. NC)II. T11',,,¥i':.c;W I/4 OF ,RA ID ,ciF. C'I'ION 12, FOR A 1.31.5'i"A NC~ [)I: 66 !.9.~ I,' ,L~u,"l' '1'O '1"I, Il.'_ NOICI'I-Ii,j,A-",,'i' COI(NIiI( C)I; '1'11Li SOLFI'I I 'l,~,A~'l' I/,I OI; '1'I NOR ~'FI-II~AS'r I/4 OF THE 'I',{C)RTI.IW~ 1/4 Glr SAID SEc'noN 12; TI-IENCL! RUN N. 00°52'07' W, ALONG THE EAST I.,INE. OF THE NORTHW ,F_..ST I/4 OF SAID SECTION 12, FOR A DIS'I'ANCE OF ~$~.39 FEET TO THE NOR,T}tEAST CORNER OF THE NORTHWEST I/4 OF SAID SECTION 12; THENCE RUN S. 15°57'20' W. ALONG 'F).i'E NORTH LFNE OF THE NORTHWE.ST 1/4 OF SAID SECTION i2, FOR A DISTANCE OF 2~46.~ FEET TO THE NORTHWEST COI'CNER OF THE NORTHWEST I/4 OF SAID SEC'F/ON 124 THENCE RUN S. 00"~.~'07' E., ALONG T'HE WEST LINE OF THE NORTHWF...ST 1/4 OF SAID SEC'FION 12., FORA D~STANCE ,OF 1319.36 FF_.~--F TO THE NORTlqgAS-F CORNIER OF THE SOU'FI-I -i.!AS'l' I/4 OF T'HE NCRT!.IE..A~,, I/~ OF SECTION I I, TOWNSHIP 4;~ SOU"rFI, I'kANOE 2,5 EAST; THENCE RUN S, !~°54'42' ',,v. ALONG THE ,'N'ORT".,-[ Li"NE OF THE SOUTEAST I/4 OF THE NORTHEAST 1/4 OF SAID SEC'W1ON I 1, FOR A DISTANCE OF 1325.62 FEET TO THE NORTHWE. ST coro,~R OF THE SOLr'I-HEAST 1/4 OF THE NORT"r{EA:iT I/4 OF SAID SECION I 1; TI'FENCE RUN S. 00',¢$"Z,3' E. ALONG THE WE.ST LINE OF THE SOLrT'r{-r_AST 1/4 OF T"n"E NORTHEAST 1/4 OF SAID SECTION 1 I, FOR A DISTANCE OF 1~320.B9 FEET TO T'riE SOUTH"WE. ST CORNER OF THE SOUTHEAST I/4 OF THE NORTHEAST I/4 OF SAID SECTION I I; TH="NCE RUN S, 00°45'04" E ALONG THE W'-F~T LINE OF THE NOR"rl4 .,~AS'r I/4 OF THE SOUTH.FAST I/4 OF SAID Si'.CTION I 1, FOR A DISTANCE OF 13~'1.73 FE~I'TO THE SOL/'FH W -F..,ST CORNER OFTHE NOKT'rlE.~.ST 1/4 OF THE SOUTHF..AST 1/4 OF SAID SFC-FION I I; THE'NCE RUN S. $I°46'3'/" W, ALONG NOR'r~ L,q. rE OF THE SOUTHV~EST 1/4 OF THE SOLrl"HEAST 1/4 OF SAID SEC-'r'ION 11, FORA DISTANCE OF 1323.33 FEET TO THE NOR. THWE.ST CORNER OF TNE SOUTHW'F..ST 1/4 OF T"HE SOU'T"HEA ST I/4 OF SAID SF..CTION I I; THE'NCR KLFN S. 00°45"~9" -E.. ALONG THE W .E,.S-r LINE OF THE SOU"T'H",~5%T I/4 OF THE SOr..,ri"HEAST 1/4 OF SAID SECTION I I, FOR A DISTANCE OF IB2.3.~0 FEE'T TO T'HE SOU'i]--i'9,/F__.ST CORNER OF THF. SOUTI i 'E.AS'T I/4 OI; SAID SECTION I I; TI-I~"NCI.i RUN N. ~°41'15' F_ ALONG THE SOUTH LINE OF Tl-lr. SOL/'THE~ST I/4 OF SAID SECTION I I, FOR A DISq'ANCE OF 26.50.23 FI~ii:-']T TO THE NORT]-[W .E..ST CORNER OF SECTION 13, TOWNSHIP 4li SOL/TI-I, RANGE 2.~ EAST; THE"NCE l(t.[N S. 00'43"28' E. ALONG THE WE. ST LINE OF THE NORTHWE..S-i' 1/4 OF SAID SECT1ON FOR A Di:iTANCE OF 675.60 FEET TO T},,E SOL/THW~ CORNER OF THE NORTHWE, ST 1/4 OF-THE NOP. T"~"WE.ST !/4 OF T'HE t'4OR. TH'.0,,T..S'i' ~/4 OF SAID SECT'ION lB; THENCE RUN N. 11°B~'lB" E. ALONG ~-'~qE SO¥'~.[ LI"NE OF THE N'ORT]-'IW .F_..ST 1/4 OF THE NOP. THW -E.ST 1/4 OF THE NORTi-IW~ I/4 OF SAiD SECTION 12, FOR A DISTANCE OF' 664.12 F~I" TO THE SOL/"I-HEAS-F CORNIER OF T'IqE NOR~']-tW -~T l/4 OF THD. NOR'Fi-IW .F..~T 1/~ OF THE, NORTHWF...s-r 1/4 OF SAID SECU'ION 1~; THENCE RUN N. 00'~ 1'49' W. ,ALONG THE E,,AST L.rNE OF THE NORTHWEST 1/4 OF THE NORTHWF. ST 1/4 OF T},iE NOF(THWE..ST 1/4 OF SAID SEC'I-ION 13, FOR A DISTANCE OF ~?$.07 FEET TO THE NORTHEAST COI'CNER OF TH'E NO['(THWF...ST 1/4 OF 'I-HE NORT'F{WE.S'T I/4 OF THE NORTHWEST I/4 OF SAID SECT'ION I 3; T'H=---'NCE RUN N, II~'4 t'00" E. ALONG THE sOLrT'H LINE OF THE SOU'T'HWEST 1/4 OF S ECTiOB 12, TOWNSH1P 48 SOU-FH, RANGE 25 E.AS"7,, FOR A DISTANCE OF 1,0932 1 FF. ET TO THE POINT Or': BEGINNING. ~e southe, a~ 1/4 of th---T southwest 1/4, less sot,~ 30 fe:~ a,u4 sout,.he, as't 1/4. of the nc r'&west 1/4 and sout.hwc:~ 1/4 of the northc:a.~ 1/4 and aorthwc:s-t i/4 of the southeasI i/4 a~':d northe-~4 1/4 of t.b.e sout~wc:s't 1/4, less nort~ 1/'2 of southw~--t 1/4 of northc::~ I,'4 at' sou~.h'~e~ 1/4 of Sec~ou ~ 1, Tow~Np 4.8 Sough, Range 2.5 F.2.st., CoLLier Coum'y, F]c;'ida, EX'EI'Brr "A" ,o.. '-;g t. ~) I FEEl I 7 / COLLIER COUNTY ~ ..,~,~ ' '. ': :. :?: ".';."'. '.";:,.:"-: ', .. '~'...; H~ . ,:,':,.. r; L~A~ ;'," :,c. ,', ! ~4 ~-:,';:: "",';' ,;',;-:',; '.;5';"..' · ~ ~ [ :.,.'',. ,,.. , . ...... . 14-48-25 13-48-25 ~ 18-48-26 15-48-25 22- 48- 25 24- 48- 25 ~ g- 48- 26 2.',-48-25 ./1 EXHIBIT 'B1 '~'i LOf, Kh BAY PARTNE~J (L~) ~ L. WILSON l}- MILLER L~W*:~ONm:>A~ FEn ret C~ :.c,.c~ _ 14 25 0'" [ ~0686DV,~'\O2~34:)¥N\O?\2~.~40701 Owg Description of Wolk Livin_~ston Road (North°South ~ ,~ill consist of approximately 12,500 lineal feet of two-lane arterial rural roadway from the Carllon Lakes eatranc~ to th~ proposexl LBP project entrant. The construction will include mobilization; clearing and fl;rubbing; ~lling and t~iing; roadway subgrade, base and asphaltic concrete paving; ins~lation of storm dralna.oe facilities; sodding and seeding; sii;na~e and pavemcr,t markings; lil~hting; signalization; traffic control; construction en~ineerin$ ad inspectioa a.nd materials t~stini~; constl-uction surveying and layout; and all incidental work necessary to complete the roadway in accor~ with the colzstruction plnns and specifications prepared, by Hole, Montes and Associates, Inc. and approved by Collier County. The work will also cor,£orm to thc r~quirements set forth in the South l:lorida Wat~ Managemem District Permit No. 11-013~9-s and U.S. Army Corps of E~iinecrs Permit No. 199001402(IP-CC) as it applies to construction of' this f~ility (miti~,a6on requiremenus are not included). ~ will consist of approximately 3,?00 lineal feet of two-lane arterial rural roadway fi.om the propo~d LBP project entrance to the Collier/Lee County ILn~. The constnm~on will include mobilization; clearing and I~'ubbinl~; fillir~ and [;radin$; roadway subl~'ad~, base and asphalti ' concrete: pavinfl; ins'~allation of' storm drainage facilities; sodding and seeding; signage and pavement markings; lighting; traffic control; construction enginecrin~ and inspection and materials testing; consu'uction surveying and layout; and all incidental work necessary ~o complete the roadway in accordance with the construction plans and specifications pr~ by ttole, Mlontes and Associates, Inc. and approved by Collier County. The work will also conform to the r~quirements set forth in the South [:lorida Water Manat~ernent District Permit lqo. 11- 01359-!; and U.S. Army Corps of Engil~'ers Permit No. 199001402(IP-CC) as it applies to construction of' this £acility (mitigation requirements are not included). 9,':\ ] 9'~T~9; 0 'LI ~4~h'~'z hclO 1Z2.d°c ~ K. 1 ? 1998 EXHIBIT D OPINION OF PROBABLE CONSTRUCTION COST LIVINGSTON ROAD Livingston Road Phase I (! 2,500._ LF) . PHASE I & II Item No. D~...~_j:~,.n ......... Quan~ unit Unff Pr~ .... ~ ~~ ~ ~ LS S ~,~,~ s ~.~ 1~ $~aJi~ I LS S ~.~ S _~,~ 19 Con~u~ E~in~nw ~d I~ (CEI) a~ Ma~, T~ $ ~.~ $ ~,~ ~vfngst~'n ~a~Phas' I ~o~1 . . Livingston Road Phase II (3~?00~LF) ;p , .... ~ ~ ~o~,[tz~n .- 1 LS S 78,~.~ S 78,~ ~ 2 Ma~n~nan~ ~ Tra~ ,, 0' LS S - S - 5 Shc~Fder 8m~ 3.~ $Y $ 5.~ S i7,~ ' -: e ._ Type 5 ~P~,C C~ (~) .., 13,~ ~ ., 11 ~[n~M~s~Ea~ ..... 20 ~ S 7~.~ ~,, 15~ 12 Stom~ Pi~ 1,~ LF $ ~.~ ~ 45,_~ __ 15 Sic~r,~ & M~ng ..... 3,7~ LF $ 3.~ le sign~on 0 ES S .... 55,~ $ l~., ~h~ .... l~ LS $ iS,~.~ ~ 15,~ ~{a PhaSe tl Toal ..... S To~I Phase I~-P~ase II ...... / 04-~8-2~ 03.-~ 2~- ) 02 4~ 25- ' 01-48-25 O~-~8-~S . - ~// ~ I I ~ I_ ~Y/ m . ~ II ~1, .... dt~ ...................... ~__~q~ ......... ~ .-. ~ A~EE~ ~PACT ~ ~ n SS , // n ..... :: ~ ~UUOK ~LE~ ~O~O ~--~ .... B .... ............ , ............ ...... ~¢~- ....... ~t-_~ ..: ~ EXHIB~ 'E' ~ILSON ~ MILLER L~BAYP~~)~,~ I~ ~ ~ P~A~ A DEVELOPER'S ~OaO I~P~CI FIE C~EOIT LEOG[~ j~Q~T~: This Road Impact Fee Credit Ledger is Intended to document the balance of Road Impact Fee Credits applying OHLY to the following property: I ~~"F" FEB 1 7 1998 EXECUTIVE SUMMARY AWARD A CONTRACT FOR BID NO. 97-2771, REMOVAL OF NON- SPECIFICATION MATERIAL FROM THE NAPLES BEACH TO C.B.E. TRUCKING COMPANY, INC. IN THE AMOUNT OF $99,982.00 AND REPORT ON OTHER BEACH RENOURISHMENT PROJECT MATTERS OBJEC,TIVE: To award a contract for performing work associated with the removal of hon..specification material from designated portions of the Naples beach and to report to the Board on other matters related to the 1995 Beach Renourishment Project. CONStDERATIQI'q~ On December 16, 1997, the Board of County Commissioners approved a proposed plan to cleanup and remove non-specification materials from portior, s of the Naples Beach [Agenda Item 8(B)(2)]. Such approval was accompanied by the following stipulations: 1. Staff shall provide assurance that this is an adequate plan to completely address the problem. 2. Lellai staff shall take a more detailed look at the 1995 Beach Renourishment O Project Contract to determine if, in fact, all legal remedies have been exhausted. 3. The County Administrator shall address any staff responsibilities related to this matter. A response to same available to date is as follows: l. Subsequent to the approval on December 16, 1997, the occurrence of several storms has provided the opportunity to survey and locate rock outcrops at the hi:ghest degree of visual exposure. Such observation along with a thorough review of the dredge records to ascertain locations where non-specification material was placed has enabled the staff and design professional to modify the plan whereby the highest degree of assurance possible is provided to completely address the probiem. These modifications were incorporated into the bid documents resulting in an increase to the estimated quantities of material to be removed and the areas to be cleaned up, therefore increasing the cost of the project as reflected in the amount of the bid. Further modifications will be implemented during construction if found to be necessary to provide complete cleanup. 2. The County Attorney's office has reviewed the contract documents and construction records to determine whether any legal remedies from the 1995 contract are still available. Based upon their opinion in this regard, staff has notified the contractor on the 1995 Beach Renourishment Project of Collier County's intent to seek reimbursement of costs incurred in the removal of O non. specification material. ~.~ FEB 1 7 19 8 Executive Summary Award a Contract Bid No. 97-2771 Page 2 3. The County Administrator has initiated his review of actions by the staff to detcrmine ifthcywerc appropriate and informed decisions. In addition, a thorough review of contractual procedures is being implemented to enhance the ability to anticipate contract issues and establish a method to address such issues in a legal and cost effective manner. Under direction from the County Administrator, the Public Works Administrator has investigated this issue. It is his opinion that staff made an error in judgment by not requiring the contractor for the 1995 beach renourishment project to return to remove the non-specification material from Naples Beach. In hindsight, staff should have: l) directed the contractor to continue with sand placement to add as much high quality fill as possible to the Naples Beach prior to thc start of thc 1996 sea turtle nesting season; 2) require the contractor to return to Naples Beach after thc end of the 1996 nesting season to remove all non-specification material and replace it with high quality sand; and, 3) then initiate a regular and ongoing maintenance operation to remove debris and an occasional undesirable rock. Based on this investigation, the Public Works Administrator has directed staff to work with the County Attorney's Office to require thc contractor, T.L. James, to return to the beaches and remove the undesirable rock material under the warranty provisions of their contract. Notification for a cure by the contractor has been received by the contractor and staff i$ in the process of scheduling a meeting with the contractor. The contractor will be given an opportunity to cure or allow the County to use (C.B.E. Trucking, Inc.) to cure the problem and reimburse the County. Sealed bids for Bid No. 97-2771 were opened on January 2g, 1998. Advertisement for bids was posted on December 30, 1997. Invitations to bid were sent to twenty- seven (27) vendors. A summary of the bids received i$ as follows. ~ONTRACTQ~ TOTAL BASE BI~ C.B.E. Trucking Company, Inc. Jack Q~:een Construction, Inc. $ 99,982.00 Arbor 'Free & Landscape Co., Inc. 135,630.00 Masters Gtc=p, Inc. 145,715.50 178,057.50 The st~ff reviewed the total costs and has found them to be correct as tabulated above. The design professional's estimated cost of construction was $115,038.00. A thorough review of the proposals was conducted by the staff and design professional. As ~ result, based upon verified qualifications and experience, it is recommended that Bid No. 97-2771 be awarded to C.B.E. Trucking Company, Inc. 3994 Mercantile Avenue:, Naples, Florida 34104 in the amount of S99,992.00, being the lowest FEB 1 7 1998 Executis, e Summary Award g Contract Bid No. 97-2771 Page 3 qualified and responsive bidder. Other matters related to the award of this contract arc presented as follows for consideration and approval' 1. Houl:s of O~eration 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 dayl::ght hours, 6 days each week from Monday through Saturday. 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 forth in Subsection 54-92 (2) of the Code of Laws and Ordinances of Collier County, Florida, a time of day waiver is requested in conf,~rmity with Section 54-89 of the Code. In an effort to minimize the impacts in this regard, the contract specifications require that all equipment used on this work shall be equipped with satisfactory mufflers or other noise abatement devices. Such approval has also been requested from the City of Naples. The apparent Iow bidder for the subject bid proposes certain conditions be considered in lieu of providing Payment and Performance Bonds as required by thc Contract Documents. In this regard, pursuant to Section 255.05, Florida Stat'2tes, all contractors performing work for thc County must provide a payment and performance bond. This requirement, however, can be waived by the Board of County Commissioners for projects under $200,000.00. The staff has reviewed thcs,: conditions and recommends that such be approved because it provides a more: substantial incentive to complete thc project s~,'ccessfuily and within the time allowed. C.B.E. Trucking, Inc. has proposed that an application for payment will not be submitted nor any payment be received until all work is satisfactorily com.,~Icted and accepted by thc Owner. In addition, Collier County will hold thc cashiers check provided as bid security until all work is satisfactorily completed and accepted. Therefore, it is requested that thc requirement to furnish performance and payment bonds be waived by the Board of County Commissioners in the award of this Contract and that the Construction Agreement be i~mended to include the specific conditions proposed by the recommended awa;;dcc. Cost' $99,982.00; to be obligated in ibc budget for FY 97/98. Fund: (19~) Tourist Development . 60% Cost Cenlcr: (110406) Collier County Beach Renouri~hment Project Number: (g0225) Collier County Beach Restoration Funds in the amount of $170,000.00 have been appropriated for this purpose in Ibc current budget. FEB I 7 199 Executive Summary Award a Contract Bid No. 97-2771 Page 4 GRQ.WTH MANAGEMEi~T IMPACT: None RIr~CO~IMENDATIO~[: That the Board of County Commissioners: 1. Award a contract for Bid No. 97-2771, Removal of Non-Specification Material from the Naples Beach to C.B.E. Trucking Company, Inc. in the amount of $99,982.00. 2. Grant a time of day waiver according to Section 54-89 of the County Code. 3. Waive the requirement for providing performance and payment bonds and approve an Amendment to thc Construction Agreement to include specific conditions of awa;d in lieu of same as recommended by staff. 4. Authorize the Chairman to execute the contract. PREPARED BY: ~ ~-~~e~~~~ ~_~_~o _. DATE: Harold E. Hubcr, Project Manager III Office of Capital Projects Management Stephen Y. Carnell,-D~¢ctor Purchasing Department REVIEWED BY: Office of Capital P~oject$ Management REVIEWED BY: ~ DATE' Ed II~chner Public Works Administrator attachment cc: Beach Renourishment/Maintenance Committee Coastal Engineering Consultants, Inc. C.B.E. Trucking Company, Inc. EXE.SUM.NEH.Ih.O 1 i- A,GOIDA {TO,I ~ 1sa8 / COASTAL ENGINEERING CONSULTANTS £ ~v~'o~rr'~l~ February 2, 1998 Project Manager III Office of Capital Projects Managemen! Collier County Govemmera 330,~ E. Tamiami Trail Naples, FL 34112 Re: Removal of Non-Specification Material from Naples Beach Recommendation of Contract Award CEC File No. 97.001 (9050} Dear Harry: Per 5'our request, CEC has reviewed the low bid submitted by C.B.E. Trucking Co., lnc.-A Cadenhead Company (CBE), for the above referenced project. Based upon our review of their bid submittal, it is our opinion that their plant and equipment, as listed, should have sufficient capacity to construct this project within the construction time window. Robert Cadet, head, President of CBE, successfully completed a similar project, the 1996 Vanderbilt Beach Non-Specification Removal Project, for T.L. James, Inc. during the Collier County Beac'~ Restoration Project. Also, he has successfully accomplished beach maintenance projects for Collier Count3' and the City of Naples. Therefore, our recommendation of contract award is to CBE. If you require additional information, please call me. Sincerely, COA :STAL ENGINEERING CONSULTANTS, INC. Micha,~ 1 T . Poff, P . E . Manager, Coastal Division (al, ara'9 ?llO//?O01a .d doc) 3106 S HORSESHOE DRIVE * NAPLES. I:1 oplr~A ,'~41t"14 · ro/ll~ ^4"~ o~'~ . r^v , ~A,~ EXECUTIVE SUMMARY DISCUSSION REGARDING FIRE SERVICES IN THE COUNTY'S DEPE. NDENT ~ AND RESCUE CONTROL SPECIAL TAXING DISTRICTS To obtain policy direction from the Board of County Commissioner~ con~g the provision offire protection ~"xvices in the Isles of Capri and Ochopee F'u'e Control and Rescu,; Districts. The County Commission operates two dependent fire control and rescue districts in the Count,/. The Ochopee Fire Control and Emergency Medical Care Special Taxing District was established by voter referendum on March 25, 1975 (Ordinance 75-6 ). The Isle~ of Capri Municipal Fire Service Taxing District was established on September 10, 1978 (Ordinmce No. 78-49). Both dependent districts are governed by the Board of County Commissioners and managed by the respective district Fire Chief under the general direction of the Emergency. Services Director, Support Services Administrator and the Count), Administrator. Fire protection services in each district are largely paid for by the residents ofthos~ respective districts through a special property tax levy. A 5 member Citizens Advisory Committee is. appointed by the Board of County Commissioners in each district to review budgets, programs and services and make periodic reports and recommendations to the governing board. In recent weeks, Advisory Boards in both districts have directly or indirectly expressed a desire to examine the possibility of'forming an independent district and/or contracting for daily fire protection operations with an outside agency. While the reasons for this interest vary among agencies and constituencies, commonly expressed concerns involve operational decisions and lack of local ,'.ommunity control. While staffhas been working to address operational issues, the question of governance and jurisdiction is a policy issue that requires County Commission direction. The two primary options appear to be the following: 1. MAINTAIN DEPENDENT DISTRICT STATUS: Thi ~ option would maintain County Commission jurisdiction as the governing board of the dependent fire districts. Operational management could continue to be provided by County Fire Distric! personnel or operations could be contracted to another private or public sector provider. IAG[ NO)~ I?[)4 NO.~ FEB ! 7 t998 2. PURSUE INDEPENDENT DISTRICT STATUS: This option would provide these districts with complete autonomy from the County Commission. Decisions regarding district policies, budgets and operations would be made by an elected ~u'e commission. Iflo directed, County staff would work with community leaders and interested citizens to develop the feasibility, cost a~Jysis a~ ~'vice level impacU of creating two ~eparately elected and governed districts for provision of fire services for the Isles of Capri and Everglades City/Ochopee ~reas respectively. FISCAL IMPACT; None at th.is time. .C.d~O w~ MA~¥.GEMENT: None ]~_~..O HM~.NDATI ONS: Stair recommends that the Board of County CommJssionm consider the issues described here:in and provide staff direction reg:~'ding the future governance and operation of its Dependent Fire and Re.sr:.~e Control Special Taxing Districts. Diane B. HaglL'Chief Emergency Services Department Leo Ochs, .Ir.,' Admirfistrator Support Services FEB 1 7 1998 EXECUTIVE SUMMARY RECOMMENDATION TO EXTEND THE PROPOSAL PERIOD · FOR RFP 98-2779. OBJECTIVE: To optimize the competitiveness and quality of the responses received in response to the County's solicitation for the exportation of the County's solid waste stream to private, out of county sites. CONSIDERATIONS: Pursuant to previous direction from the Board, staff has drafted and issued a Request for Proposals (RFP) to obtain offers to lawfully transport and dispose of the County's waste stream in landfills located outside of Collier County. In accordance with previous direction from the Board, the proposal documents were reviewed by outside legal counsel prior to issuance. In an effod to solicit and return proposals to the Board as expeditiously as possible, the RFP was issued on January 30t~' with a closing date of February 19'~, under the shortest increment of time available under the Board's purchasing policy (21 days), Notices were distributed to 39 vendors, 7 of whom requested proposal packages. On February 6'h, a pre-proposal conference conducted by Purchasing and Solid Waste staff was attended by three firms. Subsequent to the conference, the Purchasing Director received a request from one of the prospective proposers, Chambers Waste Services Company requesting a 30 day extension to the proposal period. The letter also requested additional information, all of which has since been provided to Chambers (a copy of which is attached). Staff has discussed Chambers' request with their representatives and both parties have a.qreed that an extension of 14 days would be appropriate. This would give all firms more time to review and analyze site and operational data relevant to the project. Staff believes that allowing sufficient time to properly consider this information, particularly in light of the potential magnitude of the contract and the delayed starl date for the a~lreement would be prudent and in the best interests of the County. Adopting this recommendation would result in the receipt of proposals being re-scheduled to Thursday, March ,5~ with presentation to the Board scheduled for Tuesday, March 24~h. FISCAL IMPACT: None at this time. GROWTH MANAGEMENT IMPACT: N/A. RECOMMENDATION: That the Board of County Commissioners authorize staff to extend the publication period for RFP 98-2779 an additional 14 days to March 5, 1998. No. ;" 1TM ! - FEll 1 7 1998 Steve C-~rnell, ~/ Date Purchasing/General Services Director, CSM Leo Ochs Jr., Suppc~,~.,~ervlces Administrator Date FEB 1 7 1998 ,~U) 10'22 FAC MGMT/PURCH TEL:I-941-793-3?gS P. 002 February 11, 1998 Pica.sc bc advi__,~_ thi,~ offw,.c ~ Chamhe~ Wasm 5ysra'ns of FI~, ~., a USA w~ Se~i~ Co~y. On ~ ~ ~ dimt we ~ r~y ~ a 30 ~ cx~ion of thc ~ ~o~s~ ~ ~ ~ ~ ~y ~~ f~ F~ 19. 1~8. At e~ pm~ ~r~ on ~, F~ 6, 1~8, ~ ~ ~ ~ 1~ ~ ~c~ ~mfion ~ ~ ~ D~ ~, ~ C~ ~ W~ D~r. ~ r~t~ ~ or i~om~on whi~ i~l~ ~ ~ not ~ ~ ~ foll~: I. Copi~ of ~ ~o ~ ~g ~ fg ~ Nap~ ~ ~~ -' ,.. 2, ~t ~m on ~ ~n at ~ ~ 1~ si~. · .,~b) 10:23 FAC MGMT/PURCH ~EL:1-941-79:~-$795 P. 00:5 .8.11 '~ 0~:5.~c~1 ~OYLE,~'L~NIC~C~,~T.OL Ms. ~o~ L. S~U. ~uy~ Page 2 ' ,~. Copic~ of tl~ pe~miu and A~ for tho penm.ncnt me, od of l~chat~ rnanagtmcnt ~t t~ two 6iu:~ and a COl~ of th~'Ag~ (long ttrm) with a POTW ~o cov~ the 20-yc~ pe~c~ a~ requi.r~l by thc ILF]P. 5. Any copies of cn/or~ latets, consent order~ ot ootices or violat/on from any sta~ or f~ral a~,c--~ci~s (DEP or USEPA). Our client rcr~ived a pack~gc of materia1~ mch~y ~t~ L~ in the process of veri~ying thch' completnn~s. our cli~t T~./ng able t,o formul~ an i~form~, responsive ~ ~ive bi~ s'u~a~ion to assist in Collier Ccmz~'y's R]~. In light of th~ f~m th~ the~ L~ only four woddng days rcm~Ln~ng until the subm~inn ck:~flisle of Fe~'t~,xry 19, it is ~ in thc bc~t in~T~t~ of t~c County to e~nsurt that th~ pro~pect~ proposes have aclcqua~ time in ~n$ch to a.~~ tl~ a tin~.~tical ct~tline for receiving tl~ pr~ and awar~g s contract. Thus, it se~'ns ouly prudent to allow suff'~cnt ~ rot thc Fr~ of pro~. Very truly yours, PLB/pk cc: Fafl~p Medico, Ir. (v~a fa~im~lc) EXECUTIVE SUMMARY APPROVE FUNDING S25,000 FOR SOUTHWEST FLORIDA'S GULF COAST COOPERATIVE PROGRAM WITH LTU AIRLINES, TOURIST DEVELOPMENT FUNDS, SPECIAL EVENTS CATEGORY OBJECTIVE: To approve funding $25,000 for the Southwest Florida's Gulf Coast Cooperative Program with LTU Airlines, Tourist Development funds, Special Events category. CONSIDERATIONS: At the February 2, 1998 meeting the Tourist Development Council reviewed a joint application from Visit Naples and Marco Island & the Everglades Conve~tion & Visitors Bureau for $25,000, Tourist Development Special Events category, The funding request is a cooperative effort with Southwest International Airport, Lee County and Charlotte County as well as LTU airlines. The program is desiy~ned to heighten awareness and bookings among Germans for the Florida 'shoulder" vacation period. Thc Tourist Development Council voted unanimously to recommend funding this project. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: A budget amendment is required for this project. $25,000 is available is reserves (cost center 919010) in Fund 193, Tourist Development, Special Events category. RECOMMENDATION: Approve funding a joint application for cooperative program to promote Southwest Florida in Germany, Tourist Development Special Events category. Approve standard special events contract and authorize Chairman to sign. b' ; Prepared y:_,~a.~) ~.q~..g~ Date:~^/~/~f, ff' ~/r Jean ~sel, Budge! Analyst / / Reviewed by: /4.q ~ ._('~_ _ Date: Michael Smykowski, OMB Director FEB 17 Collier County Tourist Development Council Grant Application for $25,000 Southwest Florida's Gulf Coast Cooperative Program with LTU Airlines Attn: Administrator Collier County' Tourist Development Council County' Administrator's Office 3301 East Tamiami Trail Naples, Florida 33962 January 12, 1998 Grant Application Applied For By: Tammie Matthews, Managing Director Visit Naples 403-2015 1400 Gulf Shore Blvd. Suite 218 Naples, FL 34102 Jerry Atlcinson, Acting Chairman Marco Island & the Everglades Convention & Visitors Bureau 642-2460 C/O Marco Isla~d Area Chamber of Commerce 1102 North Collier Boulevard Marco Island, FL 34145 FEB 17 1998 Briefly describe your organization's capability to promote Collier County as a tourist destination. Visit Naples and Marco Island & The Everglades CVB are the official tourism organizations charged with the responsibility of promoting new and repeat visitors to Collier County. Our track records indicate our effectiveness in increasing hotel occupancy, as well as average hotel room rates, two methods of evaluating the results of advertising and publicity placed on behalf of the County. During the past two years, lodging facilities throughout Collier County have indicated increases in both occupancy and room rates. It is anticipated that increases will continue through 1998. However, competition for domestic and international visitors has been increasing as well among Florida destinations and from other warm weather markets. Even the area of eeo-tourism, one area which Marco Island & The Everglades hn~. promoted with great success, is becoming more competitive just within the state of Florida. A recent news story in South Florida Business Journal (a~tached) indicates that five eco-tourism projects are underway in markets outside of Collier County. Marketing dollars for Collier County are limited compared with other Florida markets. For example, the Florida Keys has a tourism marketing budget of $7.5MM; Lee County operates with 55.7MM, Palm Beach with 4.8 MM and St. Petersburg (Pinellas County) with 5.9 MM. In spite of the competition and tight marketing funds, both organizations have proven the capability of effectively promoting the county's diverse tourism markets. Currently, our main focus has been on domestic visitors. The purpose of this grant request is to allocate special funds to target the German market for the upcoming "shoulder" period of 1998. PROGRAM DESCRIPTION This program is unique in that it will be a joint effort between Visit Naples and Marco Island 8: The Everglade~I as well as a cooperative effort with Southwest International Airport, Lee County and Charlotte County. LTLU Airlines will coordinate the program and direct all promotions in Germany, as well as contribute 50% of the total funding. THEME: Southwest Florida's Gulf Coast PURPOSE: The program is designed to heighten awareness and bookings among Germans for the Florida "shoulder" vacation period. Th. is is a realistic goal since LTU has seen more than a 24% growth in German passengers to For~ Myers in 1997 over 1996. Many of these passengers are not as familiar with Collier County. as they are with Lee County. Participation in this program by Visit Naples and Marco Island & The Everglades is directed at insuring that Collier County gets a fair share of these important visitors. PROGRAM CONTENT: Elements of the program include: -German National Magazine Advertising-- 12 full page ads in top German Consumer Magazines Each ad wiil reach over over 2 million households or a total of more than 24 million readers during the length of the program. The average "shelf life" of a magazine is three months. Publications to be included are Men's Health, Fit for Fun. Allegra and SZ/FAZ Magazin. These publications were selected based on target audience and reach. Ads will include destination specific copy and a tracking mechanism to determine effectiveness A call to action will be included in each ad for readers to receive a special broch~~peclli :all)' for the program n~ the fulfillment vehicle Ad.~ will run March through May, 1998 FEB 17 1998 Pg...~~ -Consumer Promotions -- Consumer promotions will be designed to correspond with the theme of the campaign and appeal to Germans when they reach the destination. The promotions will give added value and promotional support to the program. -Travel Agent Displays -- LTU will design, produce and distribute four-panel displays (see attached) for top producing travel agents in Germany. These displays will help increase bookings from travel agents and serve as displays for "rack" brochures announcing the program. .Posters -- Posters of the Mvertising campaign will be produced and distributed in Germany through LTU. -Brochure -- A fulfillment brochure will be produced by the partners and distributed to Germans through travel agents and at the airports. The brochure will be printed in German with specific information about each destination. FUNDING REQUEST: $25,000 All funds will be used for advertising and marketing pu~s. What is the scheduled date(s) for your project/activity? The project is scheduled to run in the shoulder period with advertising beginning in March, through May, 1998. Advertising is scheduled in advance of the shoulder period, since German visitors plan early in the year for travel primarily May through September. Please see attached time table. Discuss how your organization will measure the number of tourists attracted and the number of room nights generated by your event. The program will have several measuring/tracking devises, including a fulfillment brochure. Inquiries and room nights will be tracked with special "coupon ID numbers," which will appear in the brochure and in adveinising. Identify the out.of, county spectator~ or participants for your organization's special event and inclicate the method for your estimation. This orogram is dedicated to amacting out-of-country visitors, specifically Germans to Collier Cotmty. Current funding for Visit Nap[es and Marco Island & The Everglades, prohibits advertising in Europe. Both organizations have focused on domestic visito~ as their primary targets. Europeans, Germans specifically, fall under a ~cond tier of marketing. Because publications in Europe are very expensive to advertise in (they have very large circulations), Visit Naples and Marco Island & The Everglades have elected to focus public relations support and trade show participation only in this market. This program allows Collier County to have a stronger adve~ising and promotions presence in Germany when Germans are planni.ng their vacations. LTU has reported that [6.330 passengers visited Southwest Florida, up 25 percent from the prior year. We ar~ anticipating that this project will represent 50 percent of their increase in lift for 1998, or more than 2,000 passengers to Southwest Florida. Collier Coanty will realize about one third of the visitors, based on an equal division among the three participating counties. A T FEB 17 1998 ldentify the estimated number of hotel/.mo!.el or campground nights generated as a result of your organization's special event and tn&cate the method for your estimation. We anticipate that we will realize upwards of 750 new German visitors to Collier County in 1998, based on participation in this cooperative program. German visitors stay a minimum of 7 nights, which would result in mo,'~ than 5 000 room nights Calculation for this is based on anticipating a !2%.inc,re.ase !n L_T~.__p_as_se_..n~g.e. rs over'last y~, dividing this t~tal by three (thxee Counties are participating) ana multiplying oy seven 2,238 (new visitors)/3 = 746 share for Collier County X 7 nights = 5,222 Demonstrate your organization's ability to generate support from sources other than the Tourist Development funds. Include in.kind services as well as other funding sources. LTU is fur~ding 50% of the program. Contributions are also being made by Lee County; Southwest Florida Airoo~t aha Charlotte County. The total budget is $206,000, with $103,000 coming from Southwest Florida partners. Collier County's contribution represents 12.5 percent of the total program expcnse. Dis~cuss the capacity of the project to enrich the artistic, cultural, and environmental attractiveness of the 'community to the visiting public and compatibility with the community in general. The promotional aspects of this p.rogram will provide enrichment and interaction with the community leaving a lasting positive impressson on new German visitors. Accompanied Materials: lncorpo~ion documents, non-profit status verification and financial statements are on file with Collier County. A time line and budget detail are an,ached. I have read the Tourism Grant Program guidelines and criteria and Resolution No. 93-~ and agree that my organization will fully comply with the guidelines and criteria and Resolution No. 93-__~ Slg~'atures of Or"ganizations' Chief Official., Date: A D TM FEB 17 1998 Pg. ~ BUDG~'F OUTLI~ TOTAL BUDGET: $206,000 LTU CON'IR lB UTION: $103,000 COLLIER CONTRIBUTION: $ 25,000 525,000 TO BE USED FOR GERMAN CONSUMER MAGAZINE ADVERTISING A~DA~T~M FEB 17 1998 I=¢._~.____ FEB 17 1998 State gets back to nature with five new cotounsm attractions e ' lodge h in the final stages of leeeing Jupiter's Explorlodgejoin ,ooo. o forces on 5,000-acre project F 3o 3o Wendell Collins, whose partners By ALAN BYRD includes Wometco Entertainment, The ocologistz a.m cornl.g, p]'*n'_ to open a welcome center short- No fewer than five ecotourism lyat~r~thelaaseand, wit. hina attractions are under way in the year, about 100 lodges, cabins and state, with at least three set to open t~mta. withia the next two years. Au _,~eo__-attraction being' 'developed. Behind this burst of back-to-natxu-~ by Melbourne wye surg~n aud Osceo- en~repreneurship are recoguizable la raucher Bill Bruussard appears to uames:FreclLykes, of Tampa% Lykes b~thirdiuliuetoopeu. -..~ f~mily; the Audubon Society; Bill Dubbed Forever Florida, the resor~ Baker, a former partner of Lowndes, will b~ Iocalzd on atxmt 4,000 acres of m_ sdi~ Doster, Kantor a.ud Reed of land in eastern Osceola County. rlancto; and Miami's Wometco Abou~ 3,000 acr~'oftha~ laud is priz- Entertainment, owner of Miami .tine, and BrousSard Pla.us to offer Seaquarium. truck tours 'aboard a e. pecially 'How come five companie,, are designed 4X4'truck wi~h & five-foot doing essentially the same thing at platform; all designed to give'tourists the same place?" says Mike Kelly, a birds wfa view. S_.t~.lea ~ a wel- ova?r of T~.e Florida Compauies, an come center 'shoiffd-~i~e-{{ '~o0~ fol- ecotourism.based c~moanv 's n~rt. · · ~." -~ -, .... - _ _. 'It_ ~_. lowed by ev'~e~ght cgJ[~ms;e.ud RV anyway. It s partly because we have Brouaaa.,d. · ~-'.. :...,.:: ~. ~.';j. :. &lJ ~hese different ecosystems in thz ."W~ want I a~'~'it' self-suStain: AdcLs Kelley, "l~]orida i~ becomiug Like a little Belize," oue of the first Central Americau companies to t~li~e on ecotour~m. All of t.he pmpoeed camps ~ s!~ilar feat-u.res: a variety df o~t.ions'and- a c'e'ntral.' haH,' optlonn roach as horseback Lug smd bird-watching, a.ud ~tilJ-prisiine Florida lax~da 'to, Op ' Ri~h[ ~ow, The Refuge a[ Ok.l~ h~ is slated t~ ope~ drst, somefi.m~' ' Judy of ~998. .The refuge, which o£i'era j~8L' 30 guest rooms in original 'Florida er ooct~ges and a central diniug ~'d/fferent." t-y in a 1930s lodge, '~itz on a $2-~n~e ~ parcel that abuts both the Oc,l,".k/nmes- National Forest and a 4,000 ,'6re . a r~or/.~that ~. marsh created by the South Florida Water Management District, which is educational or cultural activities.' developed by Baker, whose gruup, the .s~y~.Robert Albert, vice prezideut & Florida, Conservation Foundation. aev~lopment of Footpr~ts o has partnered with the Florida *~t'sknownforMlamiBe~ch,,nd~.~.~ Audubon Society to develop and open ney World, but it~s much mor~ than the project by July. that.'12 .-' o2,'og/9~ t6:13 "~813 ?6& 444? LEE CO PORT At'TH ~002 LEE COUNTY PORT AUTHORITY 160(30 Cl'mmbeflm Fkw). Suit.' l~7 I Fax (941) ~68~447 Feb~ 2, 199~ CoLlier County 'Tourist Development CouncU 33011 E. TamiamJ Trail ~o~,.~, sa~L^.~ ~ Naples, FL 34112 /....t t'¢,,f~ ~ e Jam,:. G Yar$¢t Dear .Sirs: Putt .4:,.';;Cr~t~ On behalf of the I.ce County Port Authority, thank you for allowing us the opponurdty to au,rd or ~'o. comment on today's agenda item de~ling with the LTU cooperative advertising funding Co~nmiJUoners request. j,,~. [ .x~:~,.; creating partncrsl'dps to promote tourism and visitation to Southwest Florida, which is the o:v,,¢ o~, basis for almost '75% of the passenger activity at RSW. Our goal is to draw together thc )D':,ugla, R S, Cerr:: stren~hs of the various regions we serve to create much needed marketing sy'nergies. t>~.:,...-: r,,o Competition for new air service and retention ofex/sting service is intense. Without a e~> ~o~ regional approach to our air service development efforts, we could not be as successful as we D.,,,,, r.~,. have been Av, drt~ ~, Co? o,,.~,::, ..... In 1997, the Lee Counly Pon Authority, the Lee Island Coast Visitor & Convention Bureau. and Vish Naples, Inc., ran a successful cooperative advertising campaign with LTU o,,.~:, r;,., International Ainvays in order to remaLn competitive with other well-funded sun destinations, Ibis venture needs to be repeated in 1998. 'The objective oft~s campaign would be to i~crcase visits to Southwest Florida from German-speaking countries in late summer and eaxly fuji. LTU International A. irways has once again offered us an opportunity to partner with them for a cooperative adveni.~ing campaign in 1998, totaling $150,000. Plarmed contributions to this pro.'am are as follows Lee County Port Authority S15,000 Lee Island Coast VCB S25,000 Collier County $25,000 (under consideration) Charlotte County SI 0,000 (under consideration) AC,~J~DA ITEM LTU International Airways S75,000 (50% match FEB 17 1998 444? LEE CO PORT ,.xt"rH ~oo3 ~ Collier Coun~ Tourist Development CouncU ~ Page 2 February2,1998 TNs advertising camp"ign is our most visible regional venture and would ex'tend our promotional dollars much further than if'we were to promote individually. If'these amounts were secured, we are coru~dent that not only would we ret,in the current level ot' service provided by LTU, but potentially additional service to our area could be added, created by thc demand generated by our 1998 advertisLng carnp~$n. As an interesting footnote, h has been estimaed that the economic impact to the region fi.om a single weekly nonstop :[light Io/~rorn Germany is approximately $I SM per year. We currently are fortunate enough to have three flights per week provided by LTU to Germany. Again, thank you for your consideration of'tNs request. We would be pleased to answer any questions you have coneerr~ng this opportunity t'or Southwest Florida. Sincerely, LEE COUNTY PORT AUTHORITY Larry D. Gouldthorpe, A.A.E. Department Director, A~4ation Services LDG:RP/sh FEB 17 1998 DO0=:WL Pi. EXECUTIVE SUMMARY DIRECT COUNTY ATTORNEY TO AMEND ORDINANCE NO. 92-60 TO INCLUDE ONE NON-VOTING TOURIST DEVELOPMENT COUNCIL MEMBER OBJECTIVE: To direct County Attorney to amend Ordinance No. 92-60 to include one non-voting Tourist Development Council member. CONSIDERATIONS: At the February 2, 1998 meeting the Tourist Development Council heard a presentation from Commissioner Hancock on the merits of providing technical assistance to the TDC. Commissioner Hancock cited the need for technical expertise to review the tourist impact proposed in special events and advertising and promotion applications. He proposed two methods of accomplishing this goal. He suggested a non-voting TDC member who has experience in promoting events or a technical advisory committee with similar expertise. The Tourist Development Council voted unanimously to support the non-voting member concept. GROWTH MANAGMENT IMPACT: None FISCAL IMPACT: None RECOMMENDATION: Direct the County Attorney to amend Ordinance No. 92-60 to include a non-voting Tourist Development Council member. Prepared by: ~ ' Date:; Jean Gansel, Budget Analyst / Reviewed by: /'~["~"~ '''~''- :_ _~,,7 Date: 2.- Michael Smykowski, OMB Director AGENDA ri'EM FEB 17 / EXECUTIVE SUMMARY APPROVE FUNDING POST-CONSTRUCTION MONITORING BEACH RESTORATION PROJECT $333,300, MONITORING MARCO ISLAND BREAKWATER PROJECT $26,290, MONITORING MARCO ISLAND T-GROIN PROJECT $118,360 TOURIST DEVELOPMENT FUNDS, BEACH RENOURISHMENT CATEGORY. OBJECTIVE: To approve funding the following Beach Renourishment Tourist Development Fund projects: · Post-construction monitoring beach restoration project $333,300 I Monitoring Marco Island Breakwater project $26,290 la Monitoring Marco Island T-groin project $118,360 CONSIDERATIONS: At the February 2, 1998 meeting the Tourist Development Council considered applications for beach renourishment funding. All three applications were reviewed by thc City/County Beach Committee and funding was recommended. The TDC voted unanimously to recommend $333,300 for post-construction monitoring of the beach restoration project. The TDC voted unanimously to recommend $26,290 for monitoring Marco Island Break~'ater project. The TDC voted 4 - I to recommend $118,360 for monitoring Marco Island T-groin project. One member voted against the Marco Island T-groin project the has limited public access. beca~lse GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: A budget amendment is required to fund these projects. Sufficient funds are available in reserves (cost center 919010) in Fund 195, Beach Renoufishment, Tourist Development funds. RECOMMENDATION: Approve funding three beach renoufishment projects for a total amount of $477,950 Tourist Development, Beach Renoufishrnent funds, and approve budget amendment. '\ (J Jean Gansel, Budget Analyst Michael Smykowski, OMB Director FEB 1 0 998 ?$$ STI! STRF. ET SOt]IH, NAPI..E$, Fl..14102 ~41-454-4655 Suncom · - .................... FAX NO. TO: Board of Cowry Co~issioners, Collier Cowry DEC 18 1997 THROUGH: Collier Co~ty Tourist Development CounctAROJE~M~N~M~ SUBJECT: Beach Renourishment and Pass Maintenance Funding Request Recommendation The attached request for TDC Category A funding, submitted by_the Collier County Board of County Commissioners : to be used for_post-construction monitoring of the Collier County Beach Restoration p'roJect : is recommended to be: Approved as submitted. Approved with the following changes: Deferred to: DiSapproved. Comments: Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Mnlntenance (Beach Improvement, maintenance renourishment, restoration and erosion control, including pass and inlet maintenance) Completed applications shall be submitted to the following address: Administrator Collier County Tourist Development Council County Administrator Office 3301 East Tamiami Trail Naples, FL 34112 1. Name and Address of Applicant Organization: Iii ' i 2. Contact Person, Title and Phone Number: ~74-819;~ 3. Organization's Chief Official and Title: ~sioncr Timothy L. Hancock. AICP · i 4. Brief Project Description: A~F~AITEM._ ' ------- FEB 17 1998 Pg. Collier County Tourist Development Council Grant Application Page 2 S. Estimated project start date: ~y 1. 1998 6. Estimated project duration: ] Year $$33,300.00 ?. Total amount requested: __ 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes -No X_ 9. Identify the goals and objectives for the project: h ' ° ' v' conditions in thc oermits issued bv FDEP- 10. Describe what benefits will be received from the project: if rn ' n v' v' w' L~_~.~uate thc oer£ormance of the Beach Restoraiion Project and 11. Describe how the effectiveness of the project will be evaluated: ~,¢sults of thc monitorin~ will be oresented in reoort form to the el~.Ernitting a~encics and thc Beach Ecnourishmcnt/Maintcnanc¢ .~,~0rnmi~gcc for r~vicw ~nd recommendations as to future activities . r m 'n in ' r' h r i n ' 12. D~scribe how the project enhances existing County Tourist Development programs: proper m~intcn~ncc of thc bc~ch restoration projects will hcl~ - - AGI~A ITE~ ~_~ur~ th~ viability of thc ar~a's major tourist ~ttraction, FEB 17 1998 Collier County Tourist Development Council Grant ^pplication Page 3 13. Describe how financial resources will be monitored: Thc project budget will be managed through the existin~ financial i~nd management structure of Collier County and will be administered by ~ project mana_~er in the Office of Ca_oital Projects Management. basis of the oroject budget consists of' the estirn~,te of' addi[ional services to be oerf'ormed under the Professional Services Agrqcment with Coastal En=in¢¢rinsz Consultants. in(;:, The tota! amount of the prooosed budget is $333.300,00 14. Please complete the following questions and provide additional information, if necessary: Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes ( X ) No ( ) · Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes ( X ) No ( ) · Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes(X) No( ) · Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/ management projects? Yes ( X ) No ( ) AGF..b~AITEM No....~)_~ FEEl 17 1998 Pi[. Collier County Tourist Development Council Grant Application Page 4 Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes (X) No ( ) * Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes ( X ) No ( ) * Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes ( ) No(X) e Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes(X) No( ) * Is there a potential for an alternative/matching funding source? ' Yes( ) No(X) If "Yes". please identify * Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes ( X ) No ( ) * Has the project been reviewed and recommended by the Beach Renourishment/Maintenance Advisory Committee? Yes. This at~olication will be considered by the Beach ~,..,-,,,,. - - '-',..,.+~,,~ ITEM Rcnouri~hmcnt/MaintcnanceCommittceattheir rcguIa Iy No._t~ scheduled meeting. Their recommendation will be for~ arde~i,..,, r c;o i? 1998 under separate cover. Collier County Tourist Development Council Grant Application Page 5 I have read thc Beach Rcnourishmcnt and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. $igna,ur¢ of Organization's Chi.f Offi.i.! o} D~ii~,* ~ ~ II - D~tc: ~ircctor of Office of Capital Projcct~ Management authorized to sign Catcgory "A" application~ on behalf of thc Chairman of thc Board of County Commissioncrs. Approved by Board of County Commissioncrs on August 24, 1993, Agenda ltcm 16 (H) (2). AG~D~TE~ FEB 17 1998 Pi'. 7 Collier County Tourist Development Council Grant Application Page 6 I'Ro,~CT BUDGET COLLIER COUNTY BEACH RESTORATION PROJECT POST-CONSTRUCTION MONITORING May, 1998 - April~ 1999 ~.CTIVITIY AMOUNT 1. Coordinate Agency Requirements $25,750.00 2. Environmental and Biologic Monitoring 78,020.00 3. Surveys (a) Annual Monitoring 105,220.00 (b) Post-Storm Allowance 46,350.00 O 4. Design and Coordination of Maintenance Activities 22,660.00 5. Wood Groin Modeling 25,000.00 6. Contingency (10%) 30,300.00 TOTAL $333,300.00 AG~A ITEM FEB 17 1998 TO: Board of County Commissioners, Collier County FROM: Beach Renourishment/M~intenance Committee THROUGH' Collier County Tourist Development Council SUBJECT' Beach Renourishment and Pass Maintenance Funding Request Recommendation The attached request for TDC Category A funding, submitted by_the Collier County Board of County Commissioners: ~ to be used for monitoring of the Marco Island segmented breakwater project during 1998: is recommended to be: X Approved as submitted. Approved with the following changes: Deferred to: Disapproved. Comments: FEB 17 1998 Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (Beach Renourishment and Pass Maintenance renourishmcnt, restoration and erosion control, including pass and inlet maintenance) Completed applications shall be submitted to the following address: Administrator Collier County Tourist Development Council County Manager's Office 3301 East Tam/ami trail Naples, FL 341]2 1. Name and Address of Applicant Organization: ~01 Tam/ami Tr~ 2. Contact Person, Title and Phone Number: Org~n[zsilon'l Chief Official and Title: 4. Brief Project Description: m n kw · ' 8 , a E FEB 17 1998 ...... ,~-~cnt L, ouncJl L~rant AppJicatJon Page 2 :5. Estimated project start date: ianuary. 199~ 6. Estimated project duration: 7. Total amount requested: ~ 8. Il' the full amou'nt requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes _ _ No ~ 9. Identify the goals and objectives for the project: · lA" ° rc I0. Describe what benefits will be received from the project' .b_L~kw~ters were desi~ v' r w i wi h ' '' w' · h ~' w' 'v · ar ~ " ~ V ' ~urth~rmore. lh~ n n ' · . w g i n ' . ~_~der to quanti~v t~ - ' Collier County Tourist Development Council Grant Application Page 3 monitoring will therefore not only measure the magnitude of the ~horeline response but also measure the rate at which it occurs. This information will insure that if at some future date it is determined that the structure should be modified to improve the shoreline response or if the structure should be extended to protect a longer section of shoreline, that the design of such changes may be done in the optimum manner. I I. Describe how the effectiveness of the project will be evaluated: Results of the monitoring will be presented in report form to the permitting agencies and the Beach Renourishment/maintenanee ~ommittee for review and recommendations as to future activities necessary to maintain the integrity of the Segmented Breakwater Project, 12. Describe how the project enhances existing County Tourist Development programs: T_~is pro_ieee is integral to the long term performance and viability of the _]Sfarco Island Beach Resloration Project which is a major contribution I9 the tourist attraction, 13. Describe how financial resources will be monitored: The project budget will be managed through the existing financial ~nd manilgement structure of Collier County and will be administered by a project manager in the Office of Capital Projects Management, Tb¢ basis of the project budget consists of the estimate of additional ~¢rvices to be performed under the Professional Services Agreement wj,)h Humiston 8: Moore Engineers. The total amount of the proposed budget is $26.290. FEB 1 7.1998 F'g .._~~ Collier County Tourist Development Council Grant Application Page 4 14. Please complete the following questions and provide additional information, if necessary: * Does the proposed expenditure further the objectives outlined In the Mission Statement? Yes(X) No( ) * Does the proposed expenditure fairly distribute monies to different geographic areas of the County? :- Yes(X) No( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes(X) No( ) * Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/ management projects? Yes ( X ) No ( ) * Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes( ) No(X) * Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes(X) No( ) * Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes ( ) No(X) * Will the project improve understanding of alt technologies that may contribute to a cost-elf, restoration project? FEB 1 ? Collier County Tourist Development Council Grant Application Page 5 Ye~(X) No( '} * Is there a potential for an alternative/matching funding source? Yes'( ) No(X) If "Yes", please identify * Is the project consistent with the Collier County Growth Manageme"nt Plan and/or standing Board of County Commission action? Yes(X) No( ) * Has the project been reviewed and recommended by the Beach Renourishment/Maintenance Advisory Committee? y~. This application will b. considered by the Beach Renourishment/Maintenance Committee at their regularly L~h~luled meeting. Their recommendation will be forwarded under separate cover, FEB 1 7 1998 Collier County Tourist Development Council Grant Application Page 6 I have read the Beach Rcnouri~hment and Pass Guidelines and criteria and agree that m~organizati/~xn wil'l comply with all guidelines and criteria. Signature of Organization s/~h~e.j)Official or Designee'" Date: 1/t¢// ,5~ v *Director of Office of Capital Projects Management authorized to sign Category "A' applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16 (H) (2). HEH/Jh/11481 FEB 17 1998 Pg..~ Collier County Tourist Development Council Grant Application Page 7 PROJECT BUDGET MARCO ISLAND SEGMENTED BREAKWATER PROJECT PERFORMANCE MONITORING (1998) AMOUNT _ 1. Beach Monitoring Analysis of beach profiles out to wading depth at nine locations at approximately 100 foot intervals from the south groin to the north end of the seawall at Cape Marco and analysis of the data for incorporation in the subsequent annual monitoring report. $ 5,380 2, Beach and Hydrographic Monitoring O Analysis of Beach profiles as described above plus hydrographic surveys of the nearshore region around the breakwater segments, the inlet shoals, and portion of the channel. Analysis of the data, comparison with previous surveys, and preparation of an annual report with graphic illustrations and discussion of results. $11,020 3. Additional Services To include but not be limited to meetings, presentations, administrative assistance, and agency coordination as may be requested by the Owner. $ 7,500 4. Contingency (10%) $ 2,390 TOTAL $26,290 FEB l ? 1998 P~.__.~.,~ NATURAL RE. SOURCES M'ANA GI:.'MENT ?$$ STII STREET SOUTH, NAPLES, FL $4102 TO: Board of County Commissioners, Collier County FROM: Beach Renourishment/Ma'intenance Committee THROUGH: Collier County Tourist Development Council SUBJECT: Beach Renourishment and Pass Maintenance Funding Request Recommendation The attached request for TDC Category A funding, submitted by_the Collie~ County Board of County Commissioners: to be used for monitoring of the Marco Island T-groin project during 1998: is recommended to be: X Approved as submitced. Approved with the following changes: Deferred to: Disapproved. Comments: - ~~-~-~,~~ Date 13 January 1998 R~chard Lydon A~D~T£~ FEB 17 1998 17 J~XHIBIT A Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (Beach Improvement, maintenance renourishment, restoration and erosion control, including pass and inlet maintenance) Completed applications shall be submitted to the following address: Administratgr Collier County Tourist Development Council County Administrator's Office 3301 East Tamiami Trail Naples, FL 34112 I. Name and Address of Applicant Organization: Collier County Board of' County Commissioners 3301 Tamiami Trail EaH O Navies. Florida 34112 2. Contact Person, Title and Phone Number: _Harry Huber _Projcct bt'anager III 774-~19~ 3. Organization's Chief Official and Title: Commissioner Barbara B. Berry Chairman ~01~rd of' County Commissioners .' 4. l~rier Project Description: Monitoring ~h¢ vcrformanc¢ of' the Marco Island T-(}roi!rl Pro_ieee during 199~, No._0 t."'_ ?~.) FEi} 17 1!198 Grant Application Page 2 5, Estimated project start date: Sanuary. 195~ 6. Estimated project duration: : One (1) Year 7. Total amount requested: $I 18.360 g. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes No X 9. Identify the goals and objectives for the project: The project consists of those _orofessional services necessary to perform monitorin~ during 1998 of the Marco Island T-Groin project as reauired by special conditions in the t~ermits issued by FDEP. 10. Describe what benefits will be received from the project: The information and data t~rovided by these services will be used to, ~v.aluate the performance of these temporary structures and provide a basis for the desi_l/n and application for permittin~z of _~ermanent structures. I 1. Describe how the effectiveness of thc project will be evaluated: Results of the monitorin, will be presented in report form to pcrmittin~ a~encies and the Beach Renourishment/Mainten~nc~ Committee for review and recommendations relative to installation of permanent structures for the stabilization of Hideaway Beach, 12. Describe how the project enhances existing County Tourist Development programs: .- This project is consistent with and implements r¢commendation~ £n_.c[uded in the Bi~ Marco and Capri Pass Inlet Management Study iLl;~p;'oved by the Board of County Commissioners on Novemtr 2:5,a, GI:'t~A..ij-Eh:L Collier County Tourist Development Council Grant Application Page 3 13. Describe how financial resources will be monitored: The protect budget will be mana_eed throu_~h the existin_~ fitliltl~iP,[ =nd management structure of Collier County and will be administered bY a protect manager in thc Office of Caoitai Projects Management. The basis of the pro_ieee bud~zet ~onsist$ of the estimate of additional services to be verformed under the Professional Services ^greement with Humiston & Moore l~ngineers. The total amount of the vroposed budget is $I 15.360 14. Please complete the following questions and provide additional information, if necessary: * Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes ( X ) No ( ) * Does thc proposed expenditure fairly distribute monies to different geographic areas of the County? Yes(X) No( ) * Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes(X) No( ) * Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/ management projects? Yes (X) No( ) * Is thc proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes (X) No ( ) he AG~A,.I.TE~J~ * Will the proposed project contribute significantly to ' progress of the beach restoration projects? Yes ( X ) No ( ) FEB 1 ? 1998 Collier County Tourist Development Council . Grant Application Page 4 · Will the project decrease thc local cost share of an overall ~ beach restoration project, either b)~ decreasing the total project cost or by increasing the local/non-local ratio? Yes ( ) No(X) · Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes(X) No( ) · Is there a potential for an alternative/matching funding source? Yes( ) No(X) If "Yes", please identify · Is thc project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes(X) No( ) / · Has the project been reviewed and recommended by the Beach Rcnourishment/Maintcnan¢o Advisory Committee? ~lJ, Thli_a_~plJ,'ati~n will bi ,.~niidarJd by tha Bjich Rcnourishmcnt/Maintenance Committee at their rc_~ularlv scheduled rnectinF, Their recommendation will be forwarded under sc_oaratc cover, A T FEB 17 '1998 4 P~.~_~ Collier County Tourist Development Council Grant Application Page 5 I have read thc Beach Rcnourishmcnt and Pass Guidelines and criteria and agree that my Organization will comply with all guidelines and criteria. Signature ~f Organization's OffiCial or Designee* *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of thc Chairman of thc Board of' County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16 (H) (2). HEH/Ih/I 14~0 FEB 17 1998 Collier County Tourist Development Council Grant Application Pa~¢ 6 PROJECT BUDGET MARCO ISLAND T-GROIN PROJECT PERFORMANCE MONITORING (1998) ACTIVITtY AMOUNT 1. TaskA: Comprehensive Survey, Data Analysis and reduction $19,400 2. Task B: Intcrmcdi~'te Surveys S34,600 3. Task C: Compaction Testing $ 2,800 4. TaskD: Reports &Analysis $19,100 5. Post-Storm Survey Allowance $24,200 6. Additional Services: Meetings, presentations, administration assistance, and agency coordination as may be requested by the Owner $ 7,500 Contingency (10%) $10,760 7. TOTAL $I 18,360 HEH/Ih/! 1410 FEB 1 7 1998 Pg. ~ EXECUTIVE SUlVIMARY APPROVAL OF AN AMF~_~MENT TO THE LEASE AGREEMENT BETWEEN COLLIER COUNTY AND PRIMECO PERSONAL COMMUNICATIONS FOR PROPERTY LOCATED AT VINEYARDS COMMUNITY PARK. OIIJ. F..ClIX~ To approve an amendment to the lease agreement for property located at Vineyards community park between Collier County and PrimeCo Personal Communications. CONSIDERATIOi~ PrimeCo Personal Communications, L.P., a Delaware limited partnership currently leases County-owned property located at Vineyards Community Park for the purpose of installing and operating a one hundred twenty five (125) foot above ground monopole communication tower. PrimeCo Personal Communications requests an amendment to this lease agreement for the purpose of increasing the maximum permissible monopole height to one hundred forty (140) feet. An increase of fifteen (15) feet will allow Sprint Spectvam L.P., a PCS carrier that requires a height of one hundred forty (140), to co-locate on the monopole. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. AaEI~A ITEI~ \ FEB 1 7 RECOMMENDATION: Staff recommends Board approval of the attached amendment (three (3) copies of each) to the lease agreement between Collier County and PrimeCo Personal Con,anunications, L.P., and authorize its Chairman to execute same. SUBMITTED BY: ~do',~ ]t2 Date: /f -James ?itzek, Final Analyst, Fra~h~ Admin. . t..,- Jean Merritt, Manager, FranchiSe Admin. APPROVED BY: Date: Michael A. McNees, Assistant County Administrator AMENDMENT TO GROUND LEASE AGREEMENT This Agreement is being made this ~ day of , 19 , between COLLIER COUNTY, ('Owner') and PRIMECO PERSONAL COMMUNICATIONS, LIIMITED PARTNERSHIP, a Delaware Limited Partnership ('PrimeCo'). WHEREAS, Owner and PdmeCo entered into a Lease Agreement dated May 27, 1997, for a site in the location shown on Exhibit 'A': WHEREAS, the parties hereto desire to amend certain terms of the Lease Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1.) The height of the communications tower, as stated under Paragraph 4 of the Lease Agreement, shall be increased from One Hundred twenty-five feet (125') to One Hundred forty feet above ground level (140'). 2) Any provision of the Lease Agreement not revised by this Amendment shall remain in full force and effect. IN VV]TNESS WHEREOF, the parties hereto have duly executed this Amendment as of the day and year first above written. PrimeCo Personal Communications, OWNER: Collier County Limited Partnership, a Delaware Limited Partnership BY:..~-~- ~ BY: Robert Keltgen // Barbara B. Berry ITS: Technical Director ITS: Chairman ADDRESS: 777 Yamato Road, ADDRESS: 3301 East Tamiami Trail Suite 600 Naples, FL 34112 Boca Raton, FL 33431 WITNESSES: WITNESSES: Print Name Print Name / Pdnt Name Print Name ~t ~t] At~ ~CE~?~ ITel- FEB 1 ? I993 , OWNER: O STATE OF COUNTY OF The foregoing instrument was acknowledged before me this da}, of 19 , by as of - ' ~ ,, a corporation, on behalf of the corporation. He/She is personally known to me or has produced identification, as (AFFIX NOTARIAL SEAL) (OFFICIAL NOTARY SIGNATURE) Notary Public - State of (Prinled. Typed or Stamped Name of Notary PRIMECO cSTATE OF foregoing instrument was acknowledged before of PdmeCo Person~.~.a~./Commu~e~ I~ ware limited partnership, on behaif of the partnershi .r~,~/She j~~al/~ ~_~or has produced as identification. (AFFIX NOTARIAL SEAL) ~'-OFFICI~(.. NOTARY SIGNATURE) Notary Public- Stale of · ' ' S~l~lltr~lr 1~. 2001 (PHnll~d, Typed or Stamped Name of Notary A GE~D_A ITEM, FEB 1 7 Pg. Request by the Housing Finance Authority of Collier County for approval of a resolution authorizing the Authority to issue multi- family housing revenue refunding bonds to be used to re-finance an existing apartment project that was originally financed with bonds issued by the Authority. To accomplish the necessary approvals to authorize a refunding bond issue by the Housing Finance Authority of Collier County to be utilized for re-financing an apartment project that was originally financed by the Authority. CONSIDERATIONS: The Housing Finance Authority has been requested by Saxon Manor Isles Limited Partnership, the owner of Saxon Manor Isles Apartments, located at 6472 Radio Road, to issue its bonds to re- finance the Saxon Manor Isles Bonds for this Apartments. project were originally approved by the Board and the Bonds were issued by the Authority in 1996. These bonds are variable rate bonds, and, in the present low-interest rate climate, the opportunity exists to refinance the project at an attractive fixed rate. Saxon Manor was built in 1996, following the issue of the bonds, and consists of 128 units, all of which are leased. Rents are controlled in accordance with the existing Affordable Housing Density Bonus Agreement that is in effect between the owner and the County. The project is consistent with the Growth Management Plan and is properly zoned. No county land use approvals are necessary for this re-financing. Federal tax law requires two approvals for the issuance of the bonds. First, the Authority must hold a public hearing, and must adopt a resolution in favor of issuing the bonds. The Authority held an advertised public hearing on February 12, 1998. At the conclusion of the hearing, the Authority adopted a resolution approving the issuance of the Bonds, a copy of which is attache.d.. FE6 1 7 1996 i Following this approval, the governing body of the jurisdiction must also approve the bond issue. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held Board meeting. A Resolution for the Board to adopt is attached. As are all revenue bonds of this type, these bonds are based on revenues of the project and are not obligations of the Authority or the County, therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of the project. Neither the County, the Board, the Authority, nor any officer of the County is liable for their payment. Further, the resolution expressly provides that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL, IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. GROWTH MA/qAGEMENT IMPACT: The adoption of the resolution will assist in providing affordable housing in Collier County. RECOMMEI'~ATION: The Board of County Commissioners adopt the attached resolution. Prepared by: j Donald A. ~ic~wo~th, Counsel Housing Finance Authority of Collier County Approved by: ~vid Weige ' -- County Attorney FElt 1 7 lgg8 RESOLUTION 98- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING $7,000,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTI-FAMILY HOUSING REVENUE REFUNDING BONDS, SERIES 1998A (SAXON MANOR ISLES PROJECT}, PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. It is hereby found, ascertained, determined and declared that: A. The Housing Finance Authority of Collier County (the "Issuer") is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida Statutes, (the "Act"), to provide for the issuance,of and to issue and sell its obligations for lawful purposes under the Act. B. The Issuer has submitted to the Board of County Commissioners a copy of its Resolution (the "Resolution,'), attached hereto as Exhibit A, with respect to the issuance by it of not to exceed $7,000,000 Housing Finance Authority of Collier County Multi-Family Refunding Revenue Bonds Series 1998A (Saxon Manor Isles Project), (the "Bonds"). C. A public hearing was held on the Resolution on February 12, 1998, which public hearings were duly conducted by the Issuer upon reasonable public notice as defined in the Internal Revenue Code, a copy of said notice being attached hereto as Exhibit B, and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and to the issuance of the Bonds. No person spoke or wrote in opposition to the project or the issuance of the Bonds. D. The Issuer has recommended and requested that the Board of County Commissioners approve the issuance of the Bo~d~ mo that the interest on the Bonds will be exempt from fed. ral ~~T£ FEB I ? IScJ8 taxation under applicable provisions of Section 147(a) of the Internal Revenue Code of 1986, as amended. E. The Resolution shows that the Issuer has acted in accordance with all applicable requirements of law, and that the issuance of the Bonds will serve significant public purposes as provided in the Act. F. The purpose of the Act will be effectively served, and it is necessary and desirable and in the best interest of the County that the issuance of the Bonds be approved by the Board of County Commissioners. G. The Bonds shall not constitute a debt, or a pledge of faith and credit of the Issuer, the County, the State of Florida or any political subdivision thereof, and neither the Issuer, the County, the State of Florida nor any political subdivision thereof shall be liable thereon; nor in any event shall the Bonds be payable out of any funds or properties other than those of the Issuer, and then only to the extent provided in the Indenture. No member of the Board of County Commissioners or any officer or employee thereof shall be liable personally on the Bonds by reason of their issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds as contemplated by the Resolution is hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resol~:zion shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 3. Repealing Clause. All resolutions or orders and parts thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS day of , 1998 . AGENDAJT~M (SEAL) ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk Barbara B. Berry, Chairman Board of County Commissioners of Collier County, Florida Approved as to form and legal sufficiency: David Weigel County Attorney AGENDA ITEM No. q CA% FE6 1 7 1998 98-01 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $7,000,000 MULTIFAMILY HOUSING REFUNDING REVENUE BONDS SERIES 1998A (SAXON MANOR ISLES PROJECT) FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING PRINCIPAL AMOUNTS OF MULTIFAMILY HOUSING REVENUE BONDS (SAXON MANOR ISLES PROJECT, SERIES 1996) ISSUED FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTIFAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODERATE INCOME; AA~ PROVIDING AN EFFECTIVE DATE. WHEREAS, Saxon Manor Isles Apartments Limited Partnership (the "Company" which term shall include its related successors or assigns) has applied to the Housing Finance Authority of Collier County, Florida (the "Authority") , to issue its multifamily housing revenue refunding bonds in a principal amount not to exceed $7,000,000 (the "Bonds") for the purpose of refunding certain outstanding principal amounts of multifamily housing revenue bonds ~ originally designated as "$6,345,000 Housing Finance Authority of Collier County, Florida Variable Rate Demand Multifamily Housing Revenue Bonds (Saxon Manor Isles Project) , Series 1996" (hereinafter, the "Refunded Bonds"), and issued to finance the acquisition, construction, equipping and development of multifamily residential housing facilities for persons or families of low, middle or moderate income to be located in Collier County (the "Project"), and to loan the proceeds of the Bonds to the Company pursuant to Chapter 159, Part IV, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act"); and WHEREAS, a determination by the Authority to issue the Bonds and to loan the proceeds thereof pursuant to a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and A0£NOA ~TEM' " WTD WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, the Authority held a public hearing on the proposed issuance of the Bonds for the purposes herein stated on the date hereof, which date is 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County, Florida (a true and accurate copy of the proof of publication of such notice is attached hereto as Exhibit A), which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on both the issuance of such Bonds and the location and nature of the portion of the Project to be financed with the proceeds therefrom; and, WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning cf the applicable United States Treasury Regulations; IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, THAT= 1. Approval of the Project. The Project and the re- financing thereof by the Authority through the issuance of the Bonds, will promote the health and welfare of the citizens of Collier County and will thereby serve the public purposes of the Act. 2. Authorization of the Bonds. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Company and subject to the conditions set forth in that certain Preliminary Agreement for iss'nance of Multifamily Housing Revenue Bonds dated December 8, 1997 between the Authority and the Company (the "Preliminary Agreement,,), in one or more issues or series in an aggregate principal amount not to exceed $7,000,000 for the purpose of re-financing the Project by refunding the Refunded Bonds. The rate of interest payable on the Bonds shall not exceed the rate permitted by law. 3. Recommendation for Approv&l to Board of County Commissioners. The Authority hereby recommends the issuance of the Bonds and the re-financing of the Project for approval to the Board cf County Commissioners of Collier County (the "Board,,) . The Authority hereby directs the Chairman, Vice-Chairman or Issuer's Noo FF. 6 17 1998 Counsel, either alone or jointly, at the expense of the Company, to seek approval for the issuance of the Bonds and the re-financing of the Project by the Board as the applicable elected representatives of Collier County under and pursuant to the Act and Section 147(f) of the Internal Revenue Code of 1976, as amended. 4. General Authorization and Call for Redemption. The Chairman, Vice-Chairman, Secretary, Issuer's Counsel, and Bond Counsel are hereby further authorized to take such steps and actions as may be required and necessary in order to cause the Authority to issue the Bonds subject to the terms and conditions set forth in the Preliminary Agreement authorized hereby. The Chairman is hereby authorized to direct the Trustee for the Refunded Bonds to call the Refunded Bonds for redemption. 5. Affirmative Action. This resolution is an affirmative action of the Authority toward the issuance of the Bonds, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. 6. Approval of Notice of Public Hearing. The form of notice of public hearing attached hereto as Exhibit "A" is hereby approved and the publishing thereof ratified by the Authority. 7. Appointment of Counsel. The Authority appoints Nabors, Giblin and Nickerson, P.A., Tampa, Florida to act as Bond Counsel to the Authority in connection with the issuance by the Authority of the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 8. Limited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any poli=ical subdivision or agency thereof but shall be payable solely from the revenue pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. 9. Limited Approval. The approval given herein shall not be construed as an approval of any necessary zoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this AGEN~A~EM 1 ? 1 98 resolution to have waived any right of the County nor to have estopped the County from asserting any rights or responsibilities it may have in that regard. This Resolution shall take effect i,~,ediately. ADOPTED this 12Ch day of February, 1998. HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA (SEAL) By: I$1 Chairman ATTEST: /s/ Secretary ~ -4- P,';d 1 7 1998 ~apLes Daily Naples, Fl. 339~0 4 · Affidavit of PubLicat$o~ Naples Dai Ly ttevs N~ .... ~ce ~ ~IIc H~ng NAPLES FL ~41~ ~''-'~~Y~~~~,~F~II2~ A ' REFEREtaCE: 01078~ 57629916 Notice of Public Hca ~T~ ~ ~ ~-~_ ~-~S~,~ ~ 8efort the u~ders~gned authority, personaLLy ~'~"~l~x~mfl~°t 124 e~pear~ 8. Leah, vho on oath says that she serves ~'~__%~%~/~mmeea~ 1/2~E~? I/2~ as the Assistant Cot=orate Secretary of the Naples ~,~ in Collier County, Florida: that the attach~ ~ ~e~Fl~l~~--'-'---- -~m~ ~oY~Xm~lm~~, (~e ~~v" ~ ~a copy of advertising ~as publish~ in said J ne'~spaper on dates list~. A~fiant further says that the said NaDles Oaily I.._~'l~e~s~ei~s~m~en ~e~s is a newspaper publ~sh~ at Naples, in said CoL L Jar County, FLorida, a~ that the said newspaper has heretofore been c~tJn~sLy /~gmme~ In ~a~e -- -- ..... --'"'-" ~ com~ .... publish~ in sald Collier County, Florida, each day and has be~n enter~ as second class ~tl j ' ~alC~fl~l matter at the ~st office in Naples, in said Collier C~nty, Florida, for a peri~ of I year J~m~ ~ ~OI ~ ~ ............... ~,,~ attach~ cooy of ~vertis~t; ~ affiant promi$~ any person, firs Or c~ratt~ any discount, rebate, co~tssion or refu~ for the I~ON .... ~N O~C~ TO A~L ANY put,se of Securing this advertisement for I~'_..._O_ANY ~R CONS~ED AT ' publication tn the ~aid n~spaper. J~~.~NWmLNEEDARECOR~ AD SPACE: 1~2.~ INCH FILED ON: 01/28/98 /s/~nt ~ ~ ~_~ S~gndt~re of Aff~,nt .~' ~/''~ S~ern :o and Subscr~b~ before me thJs', <~ day of ~'~ 1~ Personalty known by me "t' '/.':~C (["; ',~4~r~, :-: *M ':,~. *':: ~'.~$2.,,~ ~ CCc. C8737 i ilU. ,. FEB I ? EXHIBIT 'A" TO RESOLUTION 98-01 OBJECTIVE: To appoint/re-appoint 6 members to serve 2 year terms, expiring on February 4, 2000, on the County Government Productivity Committee. CONSIDERATIONS.: This committee is composed of 13 members, one of whom is tt',e vice chair of the Board of County Commissioners. The remaining twelve members are appointed by resolution of the Board of County Commissioners for a two year term and must be permanent residents and electors of Collier County. Committee members are required to possess special expertise and expet,ence related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the Board of County Commissioners. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost-effectiveness. The committee may also assist in the implementation of those recommendations. A list of the current membership is included in the backup. The terms for 6 members expired on February 4, 1998. A press release was issued and resumes were received from the following 8 interested citizens: APPLICANT DISTRICT ELECTO~R Jack McKerma - re-appt 2 yes Bill L. Neal - re-appt 4 yes Karl J. Otto - re-appt 1 yes Edward V. Ott- re-appt I yes John E. Stockton - re-appt I yes Bernard L. Weiss - re-appt (received late) 5 yes Robert M. Calmers - new appt 4 yes Julie E. Freeland - new appt 4 yes COMMITTEE RECOMMENDATION..: Re-appointment of all 6 members. If all 6 members are not re-appointed, the new applicants are listed in order of preference following the incumbent members: Robert M. Cahners Julie E. Freeland NOTE: Section Seven (b.) (1) of Ordinance 86-41 states "Terms ofoffice for Board members shall be limited to two consecutive terms of service on any one Board..." Under (2) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (b) (1) above may be waived". According to available records, Jack terms. Should the Board wish to re-appoint Mr. McKerma, the limitations on tw ~.~~ terms ,.viii need to be waived. FEB 1 7 1998 FISCAL IMPACT: NONE / GROWTtt MANAGt~MENT IMPACT: NONE That the Board of County Commissioners consider the RE¢OMMEND~,TION: recommendation for appointment; appoint 6 members; and, direct the County Attorney to prepare a resolution confirming thc appointments. Prepared By: Sue Fil~on, Administrative Assistant Board of County Commissioners Agenda Date: February 17, 1998 NO F£B 17 1998 P~.~ Memo To: Barbara B. Berry, Chain'nan, Board, of Commissioners, CommL~sioner District 5 ~...~{// From: Gary V',3cent. Budget Analyst II, Staff Liaison to the Productivity Committee Date:. February 9, 1998 Re: Recommendation for Fitlin~l Six Vacant Positions on the Committee The Collier County Government Productivity Committee has reviewed eight applications fo¢ the six vacant positions on the committee. The applicants were evaluated based on their potential contn'bution to the committee. The Productivity Committee has recommended reappointment of all six committee members whose terms are expiring. New applicants are listed in order of preference following the incumbent members. Jack McKenna Civil Engineer, Project Management, Development & Agnoli, Barber & Brundage, Inc, C, onstructJon 7400 Tamiami Trail N, ¢/r200 Naples, FL 34108 Bill L. Neal lnveslrnent Managerne~t, Economics 3839 Clipper Lane Naples, FL 34112 Kad J. Otto Cons~ Engineering and Management, Purchasing. 901 C. ollier Ct.., Unit 201 Subcontract~ Management, Safety Marco Island, FL 34145 Edward V. Ott Let,or Law, Arbitration, Industrial Relations 5912 Cranbook Way H-206 Nap!es, FL 34112 John E. Stockton Human Resources Nap!es, FL 34112 Bernard L. Weiss Manufacturing Management, Procurement 13455 Pond Apple Dr. - Naples, FL 34119 .AoG. E.D FEB 1 7 998 ® P-a,~3e 1 Nam~ Robert M. Cahners Property Management and Acquisition, Business Publ'~shing 4535 Lighff',:x,~se Lane Naples, FL 33962 Julie E. Freeland Land Planning, Civil F_.ng~, Site Development Ptans 2021 Frederick Sb-eet Naples, FL 34112 All applications are on file in the ~ of Management and BudgeL Please call 774-8810 If you require additional infom~ation Sue Filson, Administrative Assistant to the Board of County Commissioners County Government Productivity Committee Wame [Fork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term John R. Schoemer 01/28/97 02/04/99 2 Years 6075 Pelican Bay Blvd., #501 Dorchest566-2483 Naples, FL 34108 District: 2 Category: Accountant/Businessman Jack G. McKerma 597-3111 03/08/94 02/04196 2 Years I07 Flame Vine Drive 597-15~5 9_/26/96 02/04198 2 Years Naples, FL 34110 District: 2 Category: Engineer Bill L. Neal 11/07/95 02/04/96 3 Mo. 3839 Clipper Lane 7746325 1117/95 02/04/98 2 Years Naples, FL 34112 District: 4 Category: Retired Businessman John E. Stockton 11/07/95 02/04/96 2 Mo. 2230 Royal Lane 774-0902 I 1/7/95 02/04/98 2 Years Naples, FL 34112 District: 1 Category: Retired Businessman Marlo E. Delgado 09/16/97 02/04/99 2 Years 3841 31st Avenue, S.W. 455-0242 Naples, FL 34117 Distm'ct: 5 Category: Economics/Business Adrnin_ Bernard L. Weiss 03/26/96 02/04/98 2 Years 13455 Pond Apple Drive 5!~./772 Naples, FL 341 I9 District: 5 Category: Refrred General Edward V. Ott 01/28/97 02/04/98 I Year 5912 Cranbrook Way H-206 7754068 Naples, FL 34112 Dixtrict: 1 Category: At'tomey FEB 1 7 1998 Pg.~ County Government Productivity Committee Work Phone Appt'd Exp. Date Term ~¥ame Home Phone DateRe-appt 2ndE.~Date 2nd Term Edward T. Ferguson 02/28/95 02/04/97 2 Years 215 S ilverado Drive 1/7/97 02/04/99 2 Years Naples, FL 34119 District: 3 Category: Business Mgmt/Education Karl J. Oho 11/07/95 02/04/96 3 Mo. 901 Collier Court, No. 5-201 6~2-3798 1 I/7/95 02/04/98 2 Years Marco Island, FL 34145 District: 2 Category: Retired Engineer Robert D. Laird 07/16/96 07.104/97 I Year 1765 Courtyard Way, #205-C 793-0933 1/7/97 02/04/99 2 Years Naples, FL 34112 District: 1 Category: Real Estate/Insurance William E. Ebben 12/09/97 02/04/99 I Year 12254 Colliers Reserve Drive 592-1158 Naples, FL 34110 District: 2 Category: Corporate Executive Pamela S. Mac'Kie 77a-8097 02/03/98 0b06/99 1 Year 3301 E. Tamiami Trail Naples, FL 34112 District: 4 Category: BCC Vice Chairmaa Designee Charles E. Geder 07/I6/96 02/04/97 1 Year 6855 San Mariao Drive 598..1860 1/7/97 02/04/99 2 Years Naples, FL 34108 District: 2 Category: Business Management AGENB, A ITEH "' FEB 17 1998 P(J. (19_ County Government Productivity Committee gFork Phone Appt'd Exp. Date Term iYame Home Phone DateRe-appt 2ndExpDate 2nd Term This 13 member committee was created on 01/20191 by Ord. No. g1-10 (amended by Ord. No. 93-13 & 96-10). The committee is composed of 13 members, one of whom is the vice chair of the BCC. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the judsc~iction of the BCC. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all pacts of county government and make recommendations for increased efficiency and cost- effectiveness. They may also assist in the implementation of those recommendations. FL STA T: Staff: Gaol V~ncent. Budget Analyst I1:774-8810 FEB 1 7 1998 pg._ MEMORANDUM DATE' December 30, 1997 TO: Vinell Hills, Elections Office /~.~ FROM: Sue Filson, Administrative Assis Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COU,,'NTY GOV'T PRODUCTIVITY COMM COMMISSION DISTRICT Bill L. real ~ ~/~ 3839 Clipper Lane Naples, FL 34112 Jack McKerma '~ 107 Flame Vine Drive Naples, FL 34110 Julie E. Freeland 5~ 2021 Frederick Street NapLes, FL 341 l 2 901 Collier Ct., Unit 201 Marco Island, FL 34145 Edward V. Ott .~ /.,,~ 5912 Cranbrook Way H-206 Naples, FL 34112 Robert M. Cahners :~ 4535 Lighthouse Lane Naples, FL 34112 2230 Royal Lane AGENI~/'~T~ Naples, FL 34112 No. r & v ~ Thank you for your help. FEB ! ? 1998 Pg- BERNARD L WEISS AEROSPACE ASSOCIATES 1345.~ POND A.~P AGENDA~TE~ ~~ FEB 17 Pg-_ ~ - MAJOR GENERAL BERNARD L. WEISS, USAF (RET.) 13455 Pond Apple Drive Naples, FL 33997 (813) 594-7772 General Weiss was employed by Sundstrand Corporation in November 1988 as a Corporate Officer and Vice President of Contracts and Compliance. In this capacity, he established business conduct, ethics and compliance programs for both defense and commercial business enterprises involving over 13,000 employees worldwide, In November 1991. he was promoted to Vice President and General Manager of Sundstrand Data Control. a $200 million profit center in Redmond. Washington. The General was responsible for over 1.500 employees located at facilities in Redmond and Moses Lake, Washington and at Prescott, Arizona. His responsibilities involved the design, development, manufacture and support of flight safety, communications, data management and precision instruments for commercial transport and general aviation manufacturers, airlines, DoD and energy exploration companies. General Weiss remained a Corporate Officer during this period. Upon the sale of this organization to A!lifd Signal Aerospace, .he el. Leered early retirement iq November 199 .~7~ead,. General Weiss retired from active duty in the United States Air Force on October I, . From July 1985 to September 1988, he was Commander, Air Force Contract Management Division and was responsible for Contract Management of major Air Force and NASA programs at 27 key contractor plants in the United States. From 1983 to 1985, the General served as Director of Contracting and Manufacturin Policy for the Deputy Chief of Staff for Research Development and Acquisition. In this position, he led efforts to make Air Force policy regarding contracting, manufacturing and quality assurance issues for major programs such as the B-I, F-15,F-16 and the Peace Keeper ICBM weapon systems. He participated in various forums to track program progress through various field visits and program reviews. Prior to this time, he was assigned as Deputy Chief of Staff, Contracting and Manufacturing at Air Force Systems Command and head of contracting and manufacturing at Aeronautical Systems Division at Wright Patterson Air Force Base. In both of these positions, he was responsible for the development of business strategies and the procurement of major aircraft weapon system programs from source selection to program execution. He led a major study effort for the Air Force in quality assurance organization and practices around the world. The study called 'Quality Horizons ' was published in November 1979 and acted as an impetus to improve product assurance in the United States. From 1956 through 1980, General Weiss served in various logistic and contracting organizations from a plant office to the office of the Assistant Secretary. His assignments gave him the actual experience to understand the problems faced by defense related companies in executing contract programs. Education: BS Economics, New York University MBA Syracuse University Advanced Management Programs. University of Michigan Industrial College of thc Armed Forces AGENO~,.I,T~jl., · FEB 17 1998 MEMORANDUM DATE: December 30, 1997 TO: Gar)' Vincent, Budget Analyst II FROM: Sue Filson, Administrative Assista~,~ Board of' County Commissioners RE: County Government Productivity Committee As you know, we currently have 6 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Bill L. Neal 3839 Clipper Lane Naples, FL 34112 Jack McKenna 107 Flame Vine Drive Naples, FL 34110 Julie E. Freeland 2021 Frederick Street Naples, FL 34112 Karl J. Otto 901 Collier Ct., Unit 201 Marco Island, FL 34145 Edward V. 5912 Cranbrook Way H-206 NapLes, FL 34112 Robert M. Cahners 4535 Lighthouse Lane Naples, FL 34112 John E. Stockton 2230 Royal Lane Naples, FL 34112 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 4 ! day time-flame, and i will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your anention to this manet. NAo?EN/ ss FEB 17 1998 At~chment~ ~2/28/1994 E~6:15 9~177~5624562 ~ RESOLES INC ~USE ~l : FAX COVER { Company: ~}! I.,~.,, ~if~.,, · , i Compan¥'Co~ierCountyBCC Pages includ~ covet ~ge: 2 Oat~ 1~1~9* ~me' 3'~:~ PM MESSAGE ..... Press Release - Please post till deaOline. 'Thank you very much for your assistance Sue F!lson, Administrative Assistant Board of County Commissioners i AGENDA/ATJ~I~ , No. /c/? / ' FEB 1 7 1998 SOP... ~?..P_. &'rr~,D ~u~O /~u~..Z" ,~,,w 02/28/1994 86:15 9~177~562~562 ~ RESTS INC P~SE 02 1992 - President of Ne~! Resources, Iac., ~lvisor to a wide r'znge of businesses hnclu~ng ma.nuf~'turb~ bgtking,, ~n~o~ ~ inv~mcnt ~mp~es. 1988-1991 ~d~ ~d CEO CuBmao P~ Co~oa (~fion's l~ge~ ~ ro~o~ - app~ d~ve ~). 1983-1987 Pr~d~t ~d CEO ~ B~ C~ (w~s ~g~ b~ f~) a l~e b~ut of P~I~ ~ge B~ Co. 1979-1982 ~~ ~ ~d G~ ~ ~ ~ B~ Co. a di~sion of Fount 5~ Ph~ps ~e Vi~ ~d~t ~ ~ ~ Co~t~ ~m~ Co (CON~CO). Se~ in ~g~ent posifiom in ~ .&h~n.m~ ~ ~.~nu~ O~ O~ Al~mi~m R~ces. C~inet M~ ~d Sp~i~ A~d~m_on P~nn~e A~r~ to ~e ~v~or of ~ S~e of~ Cufl~ C~; B~ C~ of~ ~n ofHo~ Appli- ~ ~u~; ~ M~s ~ No~F~s F~ ~. Co~ ~fi~ ~on of~ ~on ~i S~; Fo~d C~h~n C~ .~on ~ ~e; ~ ~No~h- - C~in~ of t~ Bngd: ~ C~ ~ of Co~; U~ S~ of Y~ ('~k~ ~s. ~ C~ C~. ~~ ~ ~ ~ m W~ ~; ~ ~; S~ Cr~ bfl.; ~ ~ U~ S~ ~ ~T~ ~ ~~, B~ks ~d S~ ~ C~; S~ U~~ I~ ~COR ~ ~. FEB 1 7 p~. FROM ~ Panasonic FAX SYSTEM PH~ KO. : 9~1566~ D~. 29 1997 ~51PM Pi Jack McKenul 10'7 Flame Vine Drive Nzples, Florida 34110 Dc~;embef 29, 19~7 M.~. Suc ~son Bo~d ~ Coun~ Co.salon--s D~a.r Ms. ~'ilsort, I sm writing to rcapply to the Produciivity Committee on ~ ~ (~t ~ik~) ~ ~e ae not enou~ new app~canLs for the v~d~ ~ up. It ~ ~ a pi~e ~ m honor ~o Mve se~ed on l~s Co~, I f~! ~at o~s ~o~d ~ ~ op~~, but I w~Id enjoy thc abEty to ~ay on ~d unt~ it is ~ible to ~ the m~b~s~p. Yotrs ve~ ~y, McKc~ P.E. ~LANNER$, ENVII[ONME,'qT^L CONSULTANTS; ENGINEERS, SURVEYORS. L^ND$CAPE ARCHITECTS, CONSTRUCTION ]V[^N^GERS D~ember 29, 1997 Mrs. Sue Filson Administrative Assistant Board of County Commissioners 3301 U.S. 41 East Naples, FL 34112 Subject: County Government Productivity Committee Dear Ms. Fi.son: I would like to apply for the vacant position on the Collier County Govenunent Productiv/ty Committee. My qual/ficafions appear to be ha line w/th the needs ofthe committee. I am a native of Naples who takes an active interest in the development of Collier County. I have seen the vast changes in Naples throughou~ the past twenty years. My position as a Project Engineer with Wilson, Miller, Barton, and Peek, Inc. has helped me to become well versed in the area of land use planning and ~ely £amil/ar with the workings of thc Collier County Government. I work daily with the permittln~, zon/ng and development of land in ColLier County. I am always looking for ways to participate in community development and th/s opportunity sounds like an excellent match for my background and experience. Thank you for considering me for th/s position w/th th~ CoU/er County Government Pl'OiiUctiv/ty Committee. Siacer~ly, Ju~¢ E. Fre~land AG£ND, Ax.YTF.,tl Project Engineer No. ,/ FEB 17 1998 .X~/ILSON, MILl. El, B^J{TON & P£t~:, b~C. Pg- . __ 3200 J~ailcT La~e, Suite 200. Nap~e~. Florida 34105-8507 · Dh 941-649-4040 F't 9¢t-643-:S716 FCIE1VED December 28, 1997 lC'."' ' ' ';957 Sue Filson, Admirfistrativ¢ Assistant Board of County Commissioners Re: Reappointment to the County Government Productivity Committee Dear Ms. Filson: I underrtand that my term on the Productivity Committee expires on February 4, 1998 and I would like to continue serving ~ a active member on this Committee if possible. I am currently the chairman of the ~lxlate ofthe Integrative Corrections Strategic Development Plan", (the new jail) and a working member on the HR Systems Audit and the Sheriff' Office Overview of Overtime. You do have a copy of my old 1993 resume. I retired in 1994 and there is no need for me to update a resume. Your consideration in my reappointment would be appreciated. Thank You, Karl J. Otto 901 Collier Ct., unit 201 Marco Island, Fl. 34145 (941) 642-3798 cc: Gary V'mcamt, Budget Pmalyst II 7 FEB ! 7 1998 : EDWARD V. OTT 5912 CRANBROOK WAY H-206 ~':'- NAPLES, FL 34112 [941] 775-0968 ' ': ': ; "':":~' ':'"'~ December I5, 1997 Ms. Sue Filson, Administrative Assistant Board of County Commissioners 3301 US 41 East Naples, FL 34112 Re: Extension or'term on County Government Productivity Committee Dear Ms. Filson: Please accept this letter as the express/on of my wish to continue to serve another term on the County Government Productivity Committee. My up-dated resume is enclosed. Very truly yours, encl. AGENDa. ~IT~ FEB 1 7 1998 RESUME EDWARD V. OTT OCCUPATION: Retired ADDRESS: 5912 Cranbrook Way H-206 Naples, FL 34112 [941 ] 775-0968 MARITAL STATUS: Married EDUCATION: J.D. Law, Detroit College of Law L.L.D. Law, Detroit College of Law Undergraduate, Detroit Institute of TechnoloD' ' MIL[TAR. Y: Retired Ist. Lt., AUS, WW'II GENERAL EXPERIENCE: Arbitration Attorney, with specialty, in labor law Mgr. Industrial Relations, Allied Products Labor Relations Manager, Studebaker-Packard Div. Supervisor, Personnel & Labor Relations, Ford Motor Field Attorney, Veteran's Administration PAST BUSINESS IRRA, Detroit Chapter, 1960-1990; ORGANIZATIONS AND Amer/can Arbitration Association, 1960-1990 AFFiLiATIONS: Federal Mediation & Coniliation Service, 1960 to present National Academy ofArbitrators, 1980-1990 " FEB 17 1998 ,o._/0 19'8,0-8Z Asso¢~z~e D~rrcWr o. f Proptr~. .*,Sarm~em, en~ . The ~eal Companies, Inc. ~,te~J estate .vctopr nt. managernctxt a.,~l c.onsuJting'~ P. cspoasibl¢ for '_he Ir..uing ~ct mana$ctnec, t of a s,:bs~mtial B.~s:en ,,,ffi;z budding portfolio. 198'2-84 Executive Vice President, ~Yea~tfftr and De'rector Hunn~man Investment Maria{chant Corporation (real c~tatc ~opert? Responsible for th~ thc -.~clmiv. Lstrat~c.n of :he. cnmpz.qy'.~ port.Co'-io nf fi0 managed th:ought New EnllancL Overzll managemen; n.~sponsibi~it.v for Hunrmman's commercial xc. qu L~ition program. I984.1994 Pregicltnt & CEO Iz~c. (r~al estaze development and managcmcnt) Cah,,ers Compaaie$, Thc compa.~y spe~-'ialized ia thc rrnovatiem of suburban Boston comrnc,n:ial rc. ai eqtaw. Owrn~ and ma.',.aged 1.8 million ~'a,x.'~ teat of c,:rruz'a:rc~fl npace. Pre. x/dent & Kendall FJnandai Corporation (equipmen! leasing) The company leased eqmpmcr, t cf all types to bu.n~Lrte_ss and medical organizations and restitutions thro,aghout the .Mew F..ngland area. 1 ~ Pre. hi President & CEO The Hnnover Group, Inc. {busine.~ pubtishir~ and e.d~t~ria} development) r~t~wspapers. AAic ~le.$ ar~ mseazchtd, wrM.:n and pr~vid~t to the publications in a ,,ariety ca' formats including ¢lextron.:e Community Activities Chairman. Board of Dicector~. Mcvowent Cluunt',,-~ ot'Commegce - Framingl'.am. Ma.ts Chairman. Bc,~x~ of Trustr. e$. OaotL, rt,h %lur~..mT~ of An. Framinlham. Mass. Cha. irrnaa. Urdted Way of Meu-oweat Annual Campaijn · Framingham. Mass. Boat~ of Tru.~.a$, F, ramiagham Sta~ CoL?,ege - Framln~.ham, Mass. ,3o&rd of Tru.,,u:e~. Newton Wellesley Ho.~pital - Newton, Mm. 8oard of Trustees, WanI Cenzr for the Perform;ng / ~ ~ ~ -- 17 .............. L ......... ~-- ................................................. Dzrtraouth Coll¢~¢, A.B. 1964 H~rv~d Busir~',~ Scheot, M.B,A. U.S. Co~t Guard 1971 (Hoe- Di.sch.) Us. Sue FLtson Decembe: 17, L997 Board of County CommLssioners Dear ~s. Fitson: Yes, I would like to continue to serve on the ProductLvitY Commit:ee. There have no changes to my current resume so no updating ts necessary. T~ank you for your consideraCion. FEB 1 7 199B JOHN E. STOCKTON ~)¢N~'LI('''-j'''~;'j'~'/ cO r-,.. -'-- . RECEtVE : - (9 t) 77 -osoz _ : 1995 :' ."~"'": -' EXPERIENCE: .... 1<:J56 to Prec..~.-1-986 1975 to ~r6t] ITT CORPORATION ITT Oomesdc Transmission Systems (Domestic Communications) New York, N.Y. Director, Administrative Services Responsible to President and General Manager of all ITT's Oomesti¢ Communica- tions Operations. Responsible for admini~rative staff functions for three companies with locations throughout the United States. Real E~rate - working with corporate, legal and technical staff, inspect and select sites, negotiate terms, review leases. Initial requirements cover over 33 locations and represen(bommitmenr~ of over S10,000,000 on a ten-year basis. Purcha~in~ - direct activities of staff in the purchase of all furniture, equipment, supplies and services for all domestic compani, s. Purchases in the six-digit cat- egory. Excluded major multi-million dollar c,,ntracts. Personnel- coordinate recruiting, employment, job evaluation, salary plans, personnel transactions, organization planning and manpower control and train- lng for all compani.es. -Secbricy - d~ig~ a~d install security sv~ems (,:ard-key, T.V., infra-red, etc.) at all locations in cohiunction with groui3 personnel Systems ~nd ?focedufes- develop and implement polic, ies and procedures for all OCO departments. Off[ce S~rvic~ - local and nationwide. Mail, copiers, furniture, office equipmen~ - stationery, telephones,'la¥outs. Establish and implement procedures for ordering ~adonery, office equipment and furniture for locations outside New York City. Budgets - establish budgets and develop five-year business plans for Administration ~'~,(XX),000 per year). Cost reductions in six-digit category. Oevelop and submit major capital program proposals. Mana~jernent Controls - direct activities of group providing editoral services, proposal wfidng, audio-visual aids and techniques, word processing s~/stems and installations throughout the organization. Coordinate all quality control of function~ Design and Draftin~ - direct activities of design and drafting group servicing -technical staffs of all three companies. ~967 - 1975 ITT World Communications (International Communications) New York, N.Y. Manager Administration R esl~nslbl; to Vice PreSident. Administration'. R espc~r~sibl~ for grou~headquart'ers managerial responsi- St. ff ,ur~tiOn$ cov~ring locations ail over the w~rld'¢lus line bilides in d~e United States includincJ: Organlzadon and ManpowerI ~nd Proceduces: Industrial Engineering: Oesign and Drafting: OevelC Review of l~ve-¥e~r 8uslne~s Plans; Budgets: Office Services: Special S~u~. /~,-/ · ~ FEB 17 lgg8 · .' JOHN E. STOCKTON EXPERIENCE: (Continuedl 1956 to 1967 ITT Federal Laboratories (Electronic Research, Development Ex Manufacturing) NuUey, N.J. Director. Organlzati~n. Methods and Staff Services Responsible to Director, Employee Relations and Staff Services. Directly responsible for a department of approximatet¥ 185 people with 13 managers, including the functions of: Systems and Prc;>cedur. e$; Organizat. ion and Manpower Planning; Library; Office Services; Stores, Shipping and Receiving; Budgets and Business Plans. 1953 to 1956 CURTISS-WRIGHT CORPORATION (Airc~'aft Engines) Woodridge, NJ. I~dustrial Engineer 1950 to 1953 AMERICAN CYANAMID COMPANY (Chemicals) Linden, N.J. Methods Engineer 1947 to 1950 ANDREW JERGENS COMPANY (Cosmetics) Belleville, N.J. Chief Industrial Engineer 942 to 1944 LOCKHEED AIRCRAFT CORPORATION (Aircraf'O Burbank, Celif. Manufacturing Engineer EDUCATION: NEW YORK UNIVERSITY GRADUATE- SCHOOL O1: BUSINESS ADMINISTRATION Master of Business Adminis13'adon Maiot in'~lanagement- 1949 NEWARK CO'LLEGE OF ENGINEERING Bachelor of Science in Chemical Engineering - I942 PERSONAL: Married. two children Height: 5'9' Weight: 165 lbs, U.S. Citizen . . _.. ;... ....... ·.... , .-...' ' Se(~.re t Clearance AGE Ni~Ax.~I T~_~L .o. /g/ FEB 1 7 1998 EXECUTIVE REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF FIDDLER'S CREEK PHASE lB, UNiT THREE OBJECTIVE: To approve for recording the final plat of Fiddler's Creek Phase lB, Unit Three. CONSIDERATIONS: The Board of County Commissioners on July 16, 1998 approved the final plat of Fiddler's Creek Phase lB with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. The developer has subsequently phased the recording of the Fiddler's Creek Phase lB plat into units One, Two and Three. FISCAL IMPACT: The fiscal impact to the County is listed below. The project cost is $4,126,428.80 (all of Phase lB), to be borne by the developer. The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $1,290,000.00. The developer has provided a Letter of Credit as the required security. 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: $76,780.84 Fees are based on a construction estimate of $4,126,428.80 and were paid in April, 1996 and are reflected in the Executive Summary of July 16, 1996. FEB 1 7 1998 Executive Summary Fiddler's Creek Phase lB, Unit Three Page 2 GROWTH MANAGEMENT IMPACT: None RECOM~ENDATIO~ That the Board of County Commissioners approve the final plat of "Fiddler's Creek Phase lB, Unit Three", with the following stipulations: 1) Accept the Letter of Credit as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Fiddler's Creek Phase lB, Unit Three". 3) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 4) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E-. Kuck, P.E. Date Engineering Review Manager Donald W. Arnold - ' D~~ Planning Services · Vincent A. Cautero, Administrator Date community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION JR}{ FEB 1 ? 1998 EC' ~ ION Gulf oF Hex/co HARCD ISLAND LOCATION MAP PROPERTT DESCRIPTION SEE SHEET 2 OF 7. CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this ~ day of , 1998 between 951 Land Holdings Joint Venture hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida hereinafter referred to as "The Board". RECITALS I. Developer has, simultaneously'with the delivery of this Agreement, applied for the approval by the Board of a certain plat ora subdivision to be known as: "Fiddler's Creek Phase lB, Unit Three" 2. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed site improvements including water, sewer, roadway, drainage, and street lighting within 36 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof), in the amount of S1,290,000, which amount represents 10% of the total contract cost to complete construction plus 100% of the estimated cost to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier Counb', may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. 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 refusal to approve the improvements, therewith specifying those conditio~ ~ Developer must fulfill in order to obtain the Director's approval of the im )rovements. · W Ho ever, in no event shall the Development Services Director refuse approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall ins'peet the improvements and, if found to be still in compliance svith Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Setvices Director to reduce thc dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Setvices Director. The Development Services Director may grant the rcqucst for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the fight to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdMsion performance security, shall be liable to pay and to indemnify the Board, upon completion of construction, the final cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to carry out all of the provisions of the Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer. FEB 1,7 1998 ~:\I ~93\91112',1 IN WITN'ESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representative this ~ day of ,199 8. 951 Land Holdings Joint Venture, Signed, Sealed and Delivered a Florida General Partnership ,/~//./'l_~.~ / J./~ ~X.J By: Gulf Bay 100. Ltd.. a Florida Limited Partnership By: Gulf~fi~t 100 Inc.. a F~.~ Corporation (Printed or Typed Name) ~~t ;2.,.f5., ~ ' Aubrey ~I. Ferrao,/as President a~:'~ d,;,;,, not (Printed or Typed Name) Attest: Board of County Commissioners Dwight E. Brock, Clerk of Collier County, Florida By: Deputy Clerk Barbara B. Berry, Chairman Approved as to form and legal sufficiency: O0,L--"D~i~ 07. Weigel Collier County Attorney FEB 1 7 1998 ~, NEW YORK BRANCH IRREVOCABLE p,~-',iK* ~,vE~u£ ~ L[T'TER OF CREOIT NEw YORK,. N Y CABLE AOORESS TELEX, 42.285? IRREVOCABLE STAND-BY LETTER OF CREDIT No. CLG(92)0271 DATE OF ISSUE: January 12, 1998 PLACE OF EXPIRY: At issuer's counters -- DATE OF EXPIRY: This credit shall be valid until January 11, 1999 and shall thereafter be automatically renewed for successive one-year periods on the anniversan.' of its issue '"" unless at least sixt)' (60) days prior to any anniversan,' date, the issuer notifies the ..--- Beneficiary, in writing by registered mail, that the issued elects not to so renew'this credit. A?PLICANT: Tomen America Inc. on behalf of 951 Land Holdings Joint Venture -' (hereinafter "Applicant"), of 4001 Tamlami Trail North, Suite 350, Naples, FL 34103. :':..~ BENEFICIARY: The Board of Count)' Commissioners, Collier Count.,,', Florida ~ (i~ereinafter "Beneficiary"), c/o Office of the County Attorney, Collier Count3.' Courthouse Complex, Naples, Florida. .: .. AMOUNT: 51,290,000.00 (U.S.) up to an aggregate thereof. CREDIT AVAILABLE '~X, qTH: Issuer :':: BY: payment against documents herein and Beneficiary's drafts at sight drawn on the .... Issuer. '' DOCUMENTS REQUIRED: AVAIL.,-kBLE BY BENEFICIARY'S DRAFT(S) AT ~., SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT THAT: 951 LAND HOLDINGS JOINT VENTURE has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known '-' ' as Fiddler's Creek, lB. Unit Three. or a final inspection satisfactory to Collier Count.,,' has --.: not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to an formally accepted by the Beneficiary. Page: of 2 ,. FEB ! ? ~998 NEW YORK BRANCH IRREVOCABLE L[T"TI~'R OF CREDIT NO. EAST 52~ STREET CONTINUATION OF CKEDIT NO. CLG(92)0271 DRAFT(S) DRA~q',I UNDER THIS LETTER OF CREDIT MUST BE MARKED: Drawn under Credit No. CLG(92)0271, dated January 12, 1998. The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference :o any documents, instrument, or agreement referred to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein be reference any document, instrument or agreement. Issuer hereby engage with Beneficiary that draft(s) drawn under and in compliance with the terms of this Credit will be duly honored by Issued if presented within the validits' of the Credit. This Credit is subject to the Uniform Customers and Practice for Documentary Credits (1993 revision) International Chamber of Commerce Publication No. 500. The Tokai Bank, Limited . Senior Vice President & Assistant General Manager Page 2 of 2 FEB 1 7 1998 F~ ~.~TIVE SUMMARY. REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF .LA6KINA ROYALE" OBJECTIVE.: To grant final acceptance of "Laguna Royale" CONSIDE.RATIO~: 1. On April 4, 1995, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in .Laguna Royale" 2. The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH ~_~!I~_AGEKENT IMPACT: None FEB 1 ? 1998 Executive Summary Laguna Royale Page 2 RECQM/~E.NDATIO~: , That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in -Lacuna Royale" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: Date John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: ~ho~as E. Kuck, P.E. Date Engineering Review Manager bonald W. Arnold Planning Se~/ices Director · bate vincent A. Cautero, Administrator Community Dev. and Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION JRH FEB 1 7 1998 · ' t RESOLUTION NO. 98. · 4 RESOLLrTION AUTHORIZING FINAL ACCEPTANCE OF ...... 5 THOSE ROADWAY, DRAINAGE, WATER AND SEWER 6 IMPROVEMENTS IN LAGUNA ROYALE, RELEASE OF 7 THE MAINTENANCE SECURITY, AND ACCEPTING THE :-:~:-':-"' .......' .......... 8 MAINTENANCE RESPONSIBILITY FOR THE ~:-:. ' ' 9 ROADWAY, DRAINAGE, WATER AND SEWER . :.:-=: ': :... · = ...... - ......~-: I 0 IMPROVEMENTS THAT ARE NOT REQUIRED TO B E 11 MAINT~D BY THE HOMEOWNERS ASSOCIATION. 14 .................. · ..; .... ... .......' 15 WHEREAS, the Board of County Commissioners of Collier County, Florida, on October · '~.~r;. ?.i~r.--.;~,?~,--'--~ 16 4, 1994 approved the plat of Laguna Royale for recording; and 17 .... =. _ ::. ........ ._~ ;~ .... -: ' ' the roadway, drainage, water " : - '.; '- ~--,,,,,--~--'- ':-.,'-r'~.~ :~'.' "'"'-" 18 WHEREAS, the developer has constructed and maintained .......... ' --'"'~"'": '"" '"" 19 and sev,'er improvements in accordance with the approved plans and specifications and as _....__..,._~ 20 required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); 21 and the Utilities Standards and Procedures Ordinance (Collier Count)' Ordinance No. 97-17). and "-' .......... 22 23 WHEREAS, the developer has now requested final acceptance of the roadv,'ay, drainage, '- ' -' ' : ' '" .... water and sewer improvements and release of)tis maintenance securie,.'; and .. :..--.=.. ......... .,.:: 24 25 -~ · ' ' '- ' 26 WHEREAS, the Compliance Services Section of the Development Services Department .; ,=.....~;.__:..: ~...~:~=~ .;_ .-:.-,._~>,_:,:.~--_ ~ 27 has inspected the roadway, drainage, water and sewer improvements and is recommending 28 acceptance of said facilities. .'° ' -'-'--" ' ' ' 29 -;-~.r.~-" '~'~,~-2-z::'--'?"'~;;'~""*'~'--'-'-'-'-'-'-~ 30 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COU.~TY 31 COMMISSION'ERS OF COLLIER COUN-rY, FLORIDA, that final acceptance be ~anted for · ~ .'"'~' 52 those roadway, drainage, water and sewer improvements in Laguna Royale, and authorize the ~ ~,.~--~- ~ ~ 33 Clerk to release the maintenance securitv. .... · ':'"" 35 BE IT FURTHER RESOLVED ANT) ORDERED that the County accept the future .... ~'.'--'~ "-'-"-"~'~-' 36 maintenance and other attendant costs for the roadway, drainage, water and sewer improvements . .,w- 37 that are not required to be maintained by the homeosvners association. '= 38 ,- ' .... 39 This Resolution ~opted after motion, second and majority vote favoring same. . . 40 ~ BOARD OF COUNTY COMMISSION'ERS ......... 43 DATE: J,4 ATTEST: COLLIER COUNTY, FLORIDA 45 DWIGHT E. BROCK, CLERK ~6 -:" By: · . 2..;- 47 -' 48 BARBARA B. BERRY, CHAIRMAN ...... 49 ..... :' 50 51 Approved as to form and legal 52 sufficiency: ..... 54 L,~. ~ /x.__.....--~' " 55 He,dj F. Ashton .................... "' "=:'-""~" 56 Assistant Collier County Attorney 57 · "' ' FEB REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF PELICAN STRAND REPLAT - 4 OBJECTIVEs TO approve for recording the final plat of Pelican Strand Replat - 4 · CONSIDERATIONS: The Board of County Commissioners on January 6, 1998 approved the final plat of Pelican Strand Replat - 4 with the stipulation that the plat not be :~corded until security was provided to ensure completion of the required subdivision improvements. FISCAL IMPACT: The fiscal impact to the County is listed below. The project cost is $200,913.90 to be borne by the developer. The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $112,969.00. The developer has provided an Irrevocable Letter of Credit as the required security. 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: $4022.78 Fees are based on a construction estimate of $200,913.90 and were paid in September, 1997, and are reflected in the Executive Summary of January 6, 1998. FEB 1 7 1998 Executive Summary Pelican Strand Replat - 4 Page 2 GRO~rrH MJ~AG~'MENT IMPACT: None RECOM~rEN-DATION: That the Board of County Commissioners approve the final plat of "Pelican Strand Replat - 4", with the following stipulations: 1) Accept the Irrevocable Letter of Credit as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Pelican Strand Replat - 4" 3) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 4) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Ku.zk, P.E. Date Engineering Review Manager Donald W. Arnold DaCe r - Planning Services Vincent A. Cautero, Administrator Date Community Development & Environmental Services Community Dev. ,and Environmental Svcs. DIVISION jrh FEB 1 ? 1998 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDD, qSION IMPROVEMENTS entered into this da.,,' of , 1998 between Pelican Strand Ltd., a Florida limited parmcrship, hereinafter referred to as "Developer," and the Board of Count).' Commissioners of Collier Count', Florida, hereinafter referred to as the "Board." RECITALS: A. Developer has, simultaneously with the delivery of this- Agreernent, applied for the approval by the Board ora certain plat ora subdivision to be known as: PELICAN STRAND REPLAT 4 B. Division 3.2 of the Collier Count)' Land Development Code requires the Developer to post appropriate guarantees for thc construction of the improvemems required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: I. Developer will cause to bc constructed: Subdivision improvements including site cleating, filling and _m-ading, paving, drainage, water. scxxcr and street lighting improvements. within 12 months from the date of approval said subdixision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance securi~' (attached hereto as Exhibit "A" and by reference made a part hereof in the amount of One Hundred and Twelve Thousand Nine Hundred and SLxtS.'-nine Dollars ($112,969) which amount represents 10% of the total contract cost to complete construction plus 100% of thc estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion or the required improx ements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Sen'ices Director for compliance with the Collier Counb' Land Development Code. FEB 1 ? 1998 IN \V1TNESS \VHEREOF, thc Board and thc 1;)$vclopcr havoc causcd this Agrccrncnt to bc cxccutcd by their duly authorized representatives this .~dayof .-.~.~4~/ 1998. ' SIGNED, SEALED AN'D DELIVERED IN PELICAN STRAND LTD. THE PRESENCE OF: a Florida Limited Parmership - Printed or T~pcd Name AT'i'EST: BOARD OF COUNTY CON1M]SSIONERS OF DWIGHT E. BROCK. CLERK COLLIER COU,'NTY, FLORIDA By: Deputy Clerk Barbara B. Bcrr?', Chairman Approved as to fo,Tn and legal sufl:icicncy: ~L~x-__David C. \Vcigel County Attornex' FEB 1 ? 1998 International Division S.WJ.F,T, Huntington Banks The Huntington flat,Dna1 B~nk [nternat~on~ Operat£ons 4~ South High Street Columbus, OH 432~5 ~rrevoc~bte Standby Let.tar of 6red£t &07370 3~nuBry 30, Z998 Prate of Exptry: Huntington N~t£on~l B~nk, Columbus, Ohto 432~$ Date of E×p~ry: This Credit sh~Zt be v~l£d untO! 3anuBry 29, ~999, and shaft thereafter be ~.utom~t[ca~Jy rene,¢ed for successive cne-ye~-r per~ods on the ~nn[vers~ry of £t$ 2ssue unless at least sixty (60) days prior to any such anniversary date, ~'e notify the Beneficiary in uriting by registered mail that ,~e elect not to so rene,~ this Letter of Credit. Applicant: Pelican Strand, Ltd., a Florida limited partnership, 10621 Airport Pulling Rd. N. FL. 34109. Beneficiary: Tt~e Eoard of County Commissioners. Collier County, , Florida (hereinafter ''Beneficiary ') c/o office of the County F~ ida Attorney, Collier County Courthouse Complex, Naples, _or · Amount: USOl12,969.05(One Hundred T,;elve Thoufand Hine Hundred Si×t>' ~line C,~.llars and Five cents) in the aggregate thereof. Credit available .~ith: Huntington National Bank, 41 SouCh High Street, Columbus, Ohio 43215 By: Pay~nent against documents detailed herein and Bene~=ictary'~ drafts at sight dra,.'n on the Huntington rlational Bank. Documents required: Beneficiary's statement purportedly signed by the County ~,anager certifying that: ' 'Pelican Strand, Ltd. , Florida limited partnership has failed to construct mhd or maintain the £mprovements assectated ~,ith that certain plat cf a subdivision kno,~n as Pelican Strand re-plat 4 (Tract 6 and 8) or a final inspection set[sfactory to. Collier County has net been performed prior to the date of expiry, and satisfactory , alternative performance security ha~ not been provided to and formally accepted by the Beneficiary. ' ' Draft(s) drawn under this Letter of Credit must be marked ' 'Ora~n under The Huntington National Bank Letter of Credit No. 107370, dated January 30, 1998.' ' The original Letter of Credit and all amendments if any, presented for proper endorsement. N~ FEB 1 ? 1998 SWI F.T. Address Banks The Huntington ~ational Bank International Operations ~l South High Street Columbus. OH 4321S Irrevocable Standby Letter of Credit 107370 O~nuary 30. 1998 This Letter of Credit sets forth in full the terms of The Huntington r;at[onal Bank's undertaking and such undertaking shall not in any ,~ay be modified, amended, or amplified by reference to any document, i~:strumont, or agreement referenced to herein or in ,~hich this Letter of Credit relates, and any such reference shall r~o~ b~ deemed ~o incorporate herein by reference any document, ins~rumen~ ar zgreement. t.'o har'eby engage ~,ith the Be~eficiar>' that draft(s) drau'n under and in compli~ece with the terms of this Credit '~il/ be duly t~onor'ed by us if presented ~,ithin the validity of this Credit. [xc~.pt es other,~ise e~pressly stated this Letter of Credit is subject Eo the uniform Customs end Practice for Occumentar'y :;~ Credits !'~93 Revision, Internationa~ Chamber of Commerce .. PubliceSion t~o. 500 (the ''Uniform Customs''). This Letter of .; Credit s. ha!l be deemed to be made under the leus of the State of -~ Ohio, a[~d. shall, as to matters not go%,erned by the Uniform Customs. be 9c,.'erned by and construed under the le.~s of the State of Ohio . Huntington National Sank Authorized Signature FEB 1 7 1998 PETITION NO. C-98-3, OUR LADY OF GUADALUPE CATHOLIC CHURCH, REQUESTING A PERMIT TO CONDUCT A CARNIVAL FROM MARCH 4 THROUGH MARCH 8, 1998, ON THEIR CHURCH GROUNDS LOCATED AT 219 SOUTH 9?" STREET IN IMMOKALEE. OBJECTIVE: Our Lady of Guadalupe Catholic Church, is requesting that the Board of County Commissioners approve a permit to conduct a carnival from arch 4 through March B, 1998, on their church grounds located at 219 South 9th Street in Immokalee. CONSIDERATIONS: Our Lady of Guadalupe Catholic Church has met all the requirements of the carnival permit procedures other than those provided for within their request for waiver of the Surety Bond. FISCAL IMPACT: The $200.00 permit application fee does cover the cost of processing and required inspections. GROWTH MANAGE~NT IMPACT: ONone RECOMMENDATION: That the Board of County Commissioners approve the permit to conduct the Our Lady of G~udalupe Church carnival subject t¢ consideration of waiver for the Surety Bond. PREPARED BY Robez~c J[ Mulhere, AICP ' DATE Planning & Technical Services Manager REVIEWED BY: ARNOLD, AICP ~ DATE VINCENT A. CA%~2ERO, ADMINISTRATOR DATE _ ~ CO~/~3NITY DEV. AND ENVIRONMENTAL SVCS. F/ ~x SUMMARY/C-98-3 F£8 1 ? 1 98 Permit No. PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA : COUNTY OF COLLIER: WHEREAS, Our Lady of Guadalupe Catholic Church, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival or exhibition; and WHEREAS, Our Lady of Guadalupe Catholic Church, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival or exhibition as set forth in Chapter Article II, Amusements and Entertainments of the Collier County Code have been satisfied and that such carnival or exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Our Lady of Guadalupe Catholic Church, has requested a waiver of the Surety Bond; and NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Our Lady of Guadaiupe Cathoiic Church: l) To conduct a carnival or exhibition from March 4 through March 8, I998, in accordance with the terms and condition set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: SE g, NE h, of the SW g of Section 4, Township 47 South, Range 29 East~ Collier County, Florida. 2) The request for a waiver of the Surety Bond is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this day of , 1998. ATTEST: BOARD OF COUNTY COMMISSIONERS: DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA: BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency: Student Assistant County Attorney FEB 1 7 1998 tlCTg: Please read reverse sid~ Copy: Zoning Director before completinq this copy: Petitioner P~tition. Copy: (2) County Manager CARNIVAL OPERATION PETITION PETITIONER'S NAME: OUR LADY OF GUADALUPE CATHOLIC CHURCH PETITIONER'S ADDRESS: 207 SOUTH 9th. STREET IMMOKALEE,FLORIDA 34142 TELEPHONE: (941) 657-2666-657-f VILMAR ORSOLIN,C.S. PROPERTY O~ER'S NAME: 207 SOUTH 9th. STREET,IMMOKALEE,FLORIDA 34142 PROPERTY ONNER'S ADDRESS: TELEPHONE: (941)657-2666-657-6. LEGAL DESCRIPTION OF SUBJECT PROPERTY: SE¼,NE% of the SW¼ of section 4, Township 47 South,Range 29 East,COLLIER COUNTY, FLORIDA GENERAL LOCATION: 1 Block ~outh of State Road 29 OF 9th. STREET In Immokalee,Florida CU-RRENT ZONING: RMF-6 CURRENT USE: Place of Worship NATURE OF PETITION: A REQUEST IS HEREBY MADE FOR A PERMIT FROM THE COLLIER COUNTY TO HOLD OUR SPRING CARNIVAL FROM MARCH 4 thru MARCH 8,1998 THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANA- TION, SEE REVERSE SIDE.) 3.a. YES 3.e.1) YES 3.e.4) YES 3.e.7) YES 3.b. YES 3.e.2) YES 3.e.5) YES 3.e.8) YES 3.c. YES 3.e.3) YES 3.e.6) YES 3.e.9) YES 3.d. YES Comments: DATE REVIEWED by Board of County Commissioners: Approved: Disapproved: Conditions of Approval: SIGNATURE OF COUNTY MANAGE FEB 1 7 1998 January 29,1997 CARNIVAL OPERATION PETITION Section 3a. A surety bond. Applicant is requesting a waiver of the surety bond due to the annual carnival being held on the Church grounds. Section 3b. Evidence of current public liability is herein attached to this petition from both our Church and the Tolve Presentations ,Inc. Section 3c. Permit fee of $200.00 (Two hundred dollars) is herein attached per check. Section 3e. Infor~,ation as you requested: 1. Tolve Presentations ,Inc. of 269 Orient Way Lyndhurst ,NJ 07071,will provide the carnival rides again this year. Our'Lady Of Guadalupe Catholic Church,207 South 9th. Street ,Immokalee, Florida 34142,will sponsor said carnival .As the Bishop representative ,Rev.Vilmar Orsolin C.So is the solely responsible of the Church affairs. 2. FOODS STANDS: light foremostly Mexican dishes, Hamburgers, Hot Dogs, run by a team of five (5) persons. SOFT DRINKS: will be served from two (2)booths separated from food stands. NO ALCOHOLIC BEVERAGE will be sold or allowed on the church grounds. MECHANICAL RIDES: for children and adults, since the availability of rides contingents upon what other areas the company is working at the time, it is almost impossible to know which specific rides will be offered. GAMES OF SKILL: or chance will be the type not prohibited by State Law. 3. ACTIVITIES: a. Games of skill will be provided by the Amusement Company who will pay a fee percentage of the earnings. b. Games run by the Church: 1.Loteria (Mexican Bingo) FEB 1 ? 1998 J ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEI~ THIS CERTIFICATE DOES NOT AMEND, EXTEND ORMii~ Arthur J Gallagher & Co. I ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO~ P.O. Bux 02-5288 ' Miami. FL 33102-5288 COMPANIES AFFORDING COVERAGE Phone: (305) 592-6080 ¢o~Aiw United National INSURED c%~w Reliance National Indemnity Comoany OUR LADY OF GUADALUPE COMPANY Diocese of Venice C P.O. Box 2006 cc~,Aiw Venice, FL 34284-2006 D COVERAGES THIS IS TO CERTIFY THAT THE IK:XJ(~E$ C~r INSJJI~ANCE UST~.D DF.~C~N HAV~ BF. EN ISSUED TO THE INSURED NAMED ABOV~ FOR THE ~ PER~OO ~N~CAT~D, NOT~NITHSTAHOING k~f qEOU~REMENT, TERM. C'4 CON~ O4r ANY C~CT OiR OTHER OCX~UMENTV~T~4 RESPECTTO W~ICH tLC~ORI THIS CERTI~ICAT1E YAY BE tSSUED 0'4 MAY PERTAIN. THF ~.~$URJKH~I AFF(~ BY 1~ PO4~E$ ~S~PJBEO HEREIN I$ $UBJEC"r TO AU. THE TERMS, EX CLU$1ON$. AND COND4T~ON$ OF EUCN PO~ES. UM~TS SHOWN MAY HAV~ B~ I~ BY PAIC) C[~JM$] UMFrS T~PE OF INSUR.ANCE I~ ~ I~ ~..,~ POLICY NUMBER I~/1l ~ D~I~ ~ 1 eoc~u' ~N~U~ CCC. S _a~ UA.~UW CP64773" 4/1/g7 4/1/g8 .I $ UNDerGrOUnD ~PROPER~t' DAMAGE CCC S A x ,.OO~:T~O,.-.~D O~'t~ IPROPERTYDAMAGE AGG S -~(~ ¢~.'n,~¢~ !81 & PD COMBINED S ~,000,000 Hu*ro~,o,,,Lt UH",U~ Qualified Self Insurer 4/1/97 411198 .om,.Y~.JuRT i s x__~, .~', .~o C P6477 3 [P=' I I *"-'- o,,~,,o ,u~o, Comp. and Coll. A ~ Deductible $1.000 X.~ ~,~[o ,~u*t os PROPERTY DAMAGE S · * BODILY IN.RJRY A __ ~,Lr,~.G( L~.e~..rr~' PROPERTY DAMAGE S 1,000,000 i COMB/NED [XC~S$ L~B~UTY* EACH OCCURRENCE S --, U,,a~A[LL~ ~'OnM AGGREGATE S ,,..~,.,..,, ,...,...,.,-n. CP64773 4/1/97 411/g8 x Irr*,TUTOm' Lnm'S A I uc. ~ I $ 1.000,000 B r....O..:E*rO~ ~ ,NCC NXC0136092 00 4/1/97 4/1/98 m=.~-..ou~u,.,'r Is 1.000,000 OTHER I RE: SPRING CARN:VAL ON MARCH 4 -8, 1~. OUR LADY OF GUADALUPE 207 S. 9TH STREET IMMOKALE, FLORIDA 3414:2 CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD OF COUNTY DE~LOPMENT SERVICES DEP~TMENT ID, 2108297G3S 2/2 jAN-28 98 ! 1 21 FROM,KALIFF INSURANCE PK~E~ ~2~0) 82~-7614 F~ (210) S29-7636 I ON~ANDCON~NO~G~SUPON~EC~FI~TE ¢e~de~ ~. Ka~ i F~ [nsurznce I H~~ISC~F~ESNOTAMEND,~N~OR ..~0 NE Loop 4[0 ~ I CO~ANI~AFFORDING~GE Pe9OY ~chulz ~ A Thira Generz[~on, Znc./To~v~ 2~g 0r~ent '~ay C D CE R~Fi~ h~Y BE iSSUED C~ L~ · ~'~:'~'""i ........................... m~ ~~' ~ .................................. OT~ ~ : ADDITIONAL INSURED: OUR LADY OF GUADALUPE CHURCH AS R[SPECTS OPERATIONS OF NAMED INSURED LOCATION: 207 5OUTN [V~NT 0AT,S: 3-4-g& THROUGH 207 SOUTH 9TH ~T. [NMOKALEE, FL ~3914 Diamond Investigations, Inc. DBA: Diamond ~,~urity C ~S "A' - Private [.nvestlsat~,e ~Cy LtC~Se Pusher: 13~ C~ge Coral Pa?kwav. Suite 203, Cape ~oral...FL~390~ ~r':a ~c~re~ cf Insu~d'~ Loca:~cn :o, ere~ ~ t~ Cer:if$caCton r:lic~ ~'J~tr - ~pjr~tia. Date ........ ~rontier Insurance Company, Inc. ~800-836-]~00 ~e of ln~uren:e C:~pany TeJe:honI ~umber ~a,~ cf [,svr~'Jt ~g~: - F~oH~i License ~u~er of ~nsur~ Age~ - I do s.ear fo~fi~) :~at :ke ~nfo~ttcn contli~e~ herein ' :'. · ,." or Produced FEB i ? lgg8 Official Receipt - Collier County Board of County Commissione CDPR1103 - Official Receipt Trans Number Date Post Date .'Payment Slip Nbr ......... 57940 2/2/98 7:56:51 AM 2/2/98 MS 30877 Payor ' OUR LADY OF GUADALUPE Fee Information Fee Cote Oescr~;)t;on GL Account Amount Waived 11CIRC FAIR & CIRCUS PERMITS 11313890034122000000 $200~0-0- Total $200.00 Payments Payrnem Code Account/Check Number Am0u~t CHECK 1 ! 70 $200.0'0 Total Cash $0.00 Total Non-Cash $200.00 Total Paid $200.~0' Memo C-98-3 Our Ladyol~uadalupe Cashier/location: FROLOFF_E / 1 User: FROLOFF_E /z,,,~£//) Collier County Board of County Commissioners Pr CD-Plus for Windows 95/NT FEB 1 7 1998 AR~IVAL OPERATION PETITION CONT ....... 4. Name and Social Security numbers of each person that is responsible for a booth. Since neither Mr. Tolve nor I( Father Vilmar) will know ahead of time which particular worker will be at the carnival, I am unable to provide, at this, theirs Social Security numbers or names. Our parishioners are as follows: A. Kitchen and Foods Booths Gerardo Alfaro, Ch. employee SS#449-80-9292 Gloria Contreras, Ch. employee SS# 263-64-4965 Anis Gedeon Ch. employee SS# 594-39-3280 Catalina Lechuga Ch. employee SS# 536-03-6239 Na~ivid Ayala Parishioner SS# 455-64-2495 Rosa Martinez Parishioner SS# 265-13-4519 Artemio Lozano Parishioner SS# 267-62-9181 Laura Lozano Parishioner SS# 263-68-1167 ~eftali Ortiz Parishioner SS# 581-86-0094 Lucy Ortiz Parishioner SS# 463-72-1256 Rueben Marquez Parishioner SS# 092-42-8033 Maria Marquez Ch. Employee SS# 261-04-5155 Benjamin Marquez Parishioner SS# 592-05-0861 Andes Marques Parishioner SS# 534-84-4685 Nereida Marquez Parishioner SS# 266-93-8520 Isabel Marquez Parishioner SS# 266-93-7617 Jose Marquez Parishioner SS# 092-42-8226 Saturnino Hernandez Parishioner SS# 460-33-9200 Aurora Hernandez Parishioner SS# 460-33-8391 Digna Martinez Parishioner SS# 261-97-4679 Salvador Garcia Parishioner SS# 267-91-3047 Dahlia Garcia Parishioner SS# 262-83-0179 Adan Contreras Parishioner SS# 463-58-6585 ~orrna Contreras Parishioner SS# 451-64-6861 Anastacio Contreras Parishioner SS# 460-65-4373 Sylvia Contreras Parishioner SS# 265-73-9524 Natvidad Gamez Parishioner SS# 387-42-2946 6. For a description and sketch of the site, see next page. A water fountain is located in our parish hall, one outside the Soup Kitchen and another in the Church. We have eight(8) funch- taoning toilets in different church building and we will rent (8) eight portable toilets for the duration of the carnival. ~,~,~ FEB 1 7 1998 State of Florida Collier County Health Department Permit Number Sanitation Certificate/Operational Permit Food Program '~ 1-48'001 80 Issued to: Guadalupe Center 211 S 9th St Capacity: 88 Immokalee FL 34142 ~v,~led to: Our Lady Of Guadalupe Cath,Chu Fee Paid: 160.00 Effective Date: 10/1/97 P O Box 1053 Expiration Date: 9130/98 Immokalee FL 34142 FEB 1 7 19~8 P~. /~ , ~ NOTIFICATION FORM FO~ TEMPORARY EVENTS Name of event SPRING CARNIVAL Address of event 219 S.9th. STRETT,IMMOKALEE,FLORIDA 34142 Date(s) of event Mar 4 thru Mar.8,Pn~ours of operation 6:00 -11:0( Sponsor of event Our Lady of Guadalupe Catholic Church Address of Sponsor 207 S. 9th. Street,Immoakleee,F~34142 Person in charge of food service Fr. Vilmar Orsolin,C.S. Phone 1941 ~657-2666 Or 657-6~O~ Number of food and beverage booths 10 Estimated number of attenders expected at the event at one time? 3,000 Number of toilets to be provided : .' ' .. : Portable: Male (4) Female ( 4 ) Permanent: Male (8) Female ( 8 ) Method of toilet waste disposal: Immokal~e wat,r & s-v,r Tn~_ .Naples Port-o-Lets inc. Describe method of liquid kitchen waste disposal: Immokalee,Water and Sewer Inc. Describe containers and method of solid waste disposal (garbage): 3 large Dumpters from Immokalee Disposal ~lus 15 ,30 cal{'ons trash can~ Number of solid waste disposal containers provided: 3 Dumpters Describe facilities and method of handwashing: Sinks at Guadalupe Soup Kitchen and cooler with water spouts soap and paper towels Describe facilities and method of utensil washing, rinsing and sanitizing: sink at GudaluDe SOUD Kitcb~D ' Source of potable water: Immoakalee Water and Sewer Inc. As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comply may subject the booths to be closed for public health reasons. Do you understand this completely? Yes....}/ No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. "" tII ~'''l '~/9~] ~/'/'"'; Date S~'gnature of sponsor's agent AGEN~A,ITEI~. - FEB 1 7 1998 P~. ~.~ CAR~IVAL OPEP-ATION PETITION CONT .... (7) There are four Street lights in front of the church eight(8) in the back and one (1) in the front of the Soup Kitchen. Power will be supplied by a generator from Tolve Presentations, Inc. for their own rides. (8) Plans for garbage, debris and sewerage disposal is as followed. Since our restrooms are permanent installed, we foresee no sewerage problems in this area. The portables will be service every day. The food concession stands will operate out of the" Soup Kitchen" and will enable us to use the facilities. Garbage and debris will be taken by truck to the local landfill daily. We have 3 dumpsters and 20-30 gallons garbage cans. The cans will be place around the grounds. (9) The Diamond Security has been contacted ,Nicholas J.Lukacovia signed contract with Father Vilmar Orsolin, C.S.This contract states that there will be Five (5) armed officers and will provide uniformed certified guards for security to our Carnival. Fire extinguishers are available on the property for minor fires. (10) The Carnival shall be held from Wednesday March 4,1998 through Sunday 8 March 8,1998.The hours of the Carnival shall be from 6:00P.M.to ll:00P.M. (11) As a legal administrator of Our Lady Of Guadalupe Catholic Church, I hereby give written consent for the Carnival to be held on the Church grounds from March 4 through March.8,1998. FEB 1 7 1998 EXECUTIVE SUMMARY APPROVAL OF AN EFFLUENT USE AGREEMENT WITH AUTUMN WOODS OBJECTIVE: That the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water-Sewer District of Collier County, Florida, approve and execute an Agreement for Delivery and Use of Treated Wastewater Effluent for Spray Irrigation with Centex Homes, a Nevada General Parmership and Centex Development Company, L.P., a Delaware Limited Partnership and the Autumn Woods Community Association, Inc. CONSIDERATION: 1) As the county's wastewater system has continued to grow, so has its need for additional customers using effluent. As part of this continuing program new customers have been identified. The necessary pipeline to deliver effluent to this area has been constructed and execution of the necessary effluent agreement needs to be completed. This agreement has been reviewed by the County Attomey's office and approved as to legal sufficiency. 2) Autumn Woods has several Florida Department of Environmental Protection permit issues that they are in the process of resolving. No reclaimed water will be delivered to this location until all regulatory requirements are met. FISCAL IMPACT: There is no fiscal impact associated with the approval of this agreement. There will be a revenue stream of approximately $2,000.00 per year initially and $10,000.00 annually when this agreement reaches its ultimate use. Fund: 408 County Water/Sewer Operating Cost Center: 233312 Treatment - Immokalee Road Object Code: 343580 Reuse irrigation T~ FEB ! 7 1998 P~. I County Utilities are operated as Enterprise funds. Fee revenue is deposited in Utilities Operating Fund (408) and used to pay for annual operating costs, capital renewal and replacement, and debt service. Fees generated under this contract will be added to the total revenue stream. GROWTH MANAGEMENT IMPA~rr: None. RECOMMENDATION: That the Board of County Commissioners as Ex- officio the Governing Board of the Collier County Water-Sewer District of Collier Courity, Florida approve the Agreement for Delivery and Use of Treated Wastewater Effluent for Spray Irrigation with Centex Homes, a Nevada General Partnership and Centex Development Company, L.P., a Delaware Limited Parmership and the Autumn Woods Community Association, Inc. Timothy L. ~lemons~..tewater Director APPROVED BY~ Date: .2/~//'ff8/ Public Works Administrator Consent Agenda: 2/17/98 FEB t '7 1998 AGREEMENT FOR DELIVERY AND USE OF TREATED WASTEWATER EFFLUENT FOR SPRAY IRRIGATION THIS AGREEMENT is made and entered into this.. Day of , 1998, by and between CENTEX HOMES, a Nevada general partnership and CENTEX DEVELOPMENT COMPANY, L.P., a Delaware Limited Partnership, the joint owner of the property described herein (hereinafter referred to as 'Centex") and the Autumn Woods Community Association, Inc., a Florida not-for-profit corporation (herein referred to as the "Association"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter referred to as "DISTRICT"). User is used as singular or plural, as the context requires. RECITALS: WHEREAS, the District is desirous of obtaining additional long-term disposal facilities for treated wastewater effluent (hereinafter referred to as 'effluent"), produced by one of its wastewater treatment facilities; and WHEREAS, User (herein defined) is desirous of obtaining effluent as a long- term, non-potable irrigation resource for the proposed residential and community- owned property; the total proposed property will consist of the property described on Exhibit A (245 acres less church property). The initial property subject to this Agreement will be that property described in Exhibit B, being a portion of the total proposed property. WITNESSETH NOW, THEREFORE, in consideration of the covenants hereinafter contained and other good and valuable consideration, the parties hereto agree as follows: 1. USER REPRESENTS AND WARRANTS RECORD OWNERSHIP. User has requested that District provide available effluent to User. User represents and warrants to District that the party or parties identified herein as Users constitute all persons or entities who are the record owners of the Property described in Exhibit A. .o. )&foXO ,~,...,,.,,..,,~,woo,.,.,,,~.,=..o, FEB 1 7 1998 Standard Effluent Agreement, Cont.: 2. QUANTITY. The User will guarantee acceptance from District of a consumption of two hundred thousand (200,000) gallons per day (GPD) of effluent for irrigation upon the final contemplated build-out of the community including completion of the Master Irrigation System and Private Irrigation Systems. The initial property will guarantee acceptance from the District for the consumption of forty thousand (40,000) gallons per day of effluent for irrigation upon completion of development of the lots (herein defined) contained in the initial property described in Exhibit "B". The attached Exhibit "C" will provide the proposed build out and consumption time frame. At the end of the five (5) year period and each successive five (5) year period thereafter, this Agreement shall be amended and revised to reflect all of the terms and provisions then being incorporated in like agreements by the District for delivery and use of effluent and thereafter renewed for successive five (5) year periods, unless terminated by either party as provided for herein. The Homeowners are represented in this Agreement by the Association pursuant to the Master Declaration, and the rights and obligations of the User herein shall be exercised exclusively by the Association, and no individual Homeowner or group of Homeowners shall have any right to deal directly with the District on any matter contained in this Agreement, including, without limitation, the terms and conditions of any renewal or modification of this Agreement, or any "effluent rate" (herein defined) established by the District. 3. QUALITY. The effluent shall be a 'polished" effluent from a tertiary treatment process which involves secondary wastewater treatment, filtration and high-level disinfection as required by the Florida Department of Environmental Protection Rule 17-610, Florida Administrative Code, as amended from time to time, and shall meet the criteria for land application of domestic wastewater effluent. The effluent shall be in accord with all requirements of permits issued by local, state and federal regulatory agencies with jurisdiction over such activities. 4. POINT OF DELIVERY DEFINED. The Point of Delivery of effluent shall be wher.,~ the effluent passes to the User's on-site lake storage facility, further known as Tract L-11, as shown on the Autumn Woods, Unit 1 plat, as recorded in Plat Book 2.8, Pg. 27-~12. The District shall own, operate and maintain the effluent distribution system and shall be deemed to be in possession and control of the effluent therein, Upstream of the Point of Delivery; The User shall own, operate and maintain the Master Irrigation System (herein defined) as described in the Master Declaration (herein defined), and shall be deemed to be in possession and control of the effluent therein, downstream of the Point of Delivery. Point of Delivery is used as singular or plural, as the context requires. Standard Effluent Agreement, Cont.: 5. DISTRICT RESPONSIBILITIES UPSTREAM OF POINT OF DELIVERY. The District shall be responsible for the design, construction, permitting, financing of all costs and placing in operation the effluent delivery system up to the Point of Delivery. The District shall bear all costs of operation and maintenance of the effluent delivery system up to and including the Point of Delivery. 6. USER RESPONSIBILITIES DOWNSTREAM OF POINT OF DELIVERY. The User shall take full responsibility for the design, construction, permitting, financing of all costs and placing in operation the Master Irrigation System downstream of the Point of Delivery. The User shall bear all costs of operation and maintenance of the effluent delivery system downstream of the Point of Delivery. Centex shall be responsible for construction of the Master Irrigation System and each Private Irrigation System (unless otherwise agreed with the Homeowner). Centex shall convey the Master Irrigation System to the Association, and each Private Irrigation System to each Homeowner. Thereafter, the Association shall be responsible for the maintenance and operation of the Master Irrigation System, and each Homeowner shall be responsible for maintenance and operation of their Private Irrigation System (unless otherwise provided in accordance with the Master Declaration), all as set forth in Sections 4.3; 6.18; and 10.22 of the Master Declaration. The Association shall establish rules and regulations for use of Private Irrigation Systems pursuant to the Master Declaration that comply with the terms and conditions of this Agreement. 7. STANDARD OF MAINTENANCE. User and each Homeowner shall maintain all effluent distribution facilities downstream of the Point of Delivery at standards equal to the maintenance standards for comparable utility facilities maintained by the District. After reasonable notice to User, or to any Homeowner the District shall have the right, but not the duty, to enter upon the Property to correct maintenance deficiencies and charge User or responsible Homeowner therefor. 8. RATE TO BE CHARGED FOR EFFLUENT. For furnishing of the effluent, the District shall initially charge and User shall pay the sum of Thirteen Cents ($ · 13) per thousand gallons (hereinafter referred to as 'effluent rate') for effluent. Said effluent rate per thousand gallons shall be in effect commencing at the time District begins delivery. It is anticipated, but not warranted that said delivery will begin in February 1998. The User shall pay to the District the charges set forth in Exhibit "C", as an availability charge, regardless of whether or not the User takes effluent, except that User shall not be responsible for availability charges for effluent requested by User which the District is unable to provide on schedule due to demands or other factors for any billing period in which the quantity of effluent contracted for is unavailable either in all or a portion of the period quantity. If C :\...~c~nll x~-aulwood$\e f fluen 2.1~¢ FEB ! 7 Standard Effluent Agreement, Cont.: Centex is required to pay any fees or charges of the District for availability charges or actual effluent delivery before Centex has completed the Master Irrigation System and conveyed it to the Association pursuant to the Master Declaration, the Association shall reimburse such fees and charges to Centex upon conveyance of the Master irrigation System to the Association. After Centex conveys the Master Irrigation System to the Association, all fees and charges imposed by the District under this Agreement shall be the sole and exclusive responsibility of the Association. The Association has the right and authority to charge the Homeowners for their use of the Master Irrigation System pursuant to Section 6.18 of the Master Declaration, and nothing contained in this Agreement shall be deemed to affect, modify or restrict the right of the Association to collect such amounts from the homeowners. 9. RATE CHANGES. The District shall have the right to decrease or increase the effluent rate from time to time upon providing thirty (30) days prior written notice of a rate change. Any increase in the effluent rate shall only arise from the District's increase in costs representing production, treatment and delivery of the effluent, or as the result of a rate study which determines that an increase in the effluent rate is required to finance the costs of production, treatment and delivery of the effluent. Any rate increase shall be the same increase or rate charged to similarly situated Users. The Association has the right to impose additional charges on the Homeowners in the event of increases in the effluent rate, pursuant to Section 6.18 of the Master Declaration. 10. BILLING. The District shall bill the User monthly for the effluent quantity agreed upon herein. Should the User desire additional effluent, and the District be willing and able to supply effluent exceeding the amount (GPD) agreed upon herein, the User shall be billed f3r this additional amount within the normal billing procedure. The User agrees to pay for this additional effluent at the prevailing effluent rate. The User shall make payment to the District within thirty (30) days of the date of the monthly statement. 11. UNPAID FEES ARE A STATUTORY LIEN. The User, and each Homeowner by acceptance of the deed conveying the lot to the Homeowner, acknowledges that in the event the fees, rates or charges of the services and facilities provided for under this Agreement shall not be paid and become delinquent, any unpaid balance and all interest accruing thereon shall be a lien on the affected property pursuant to Chapter 153, Part II, Florida Statutes, as amended. The Association, as the User hereunder, shall pay all fees and charges of the District in full when due, and failure or refusal of any Homeowner to pay the Associstion the amounts charged to the Homeowner by the Association shall not relieve the Association of its obligation to pay all amounts due hereunder in full. Standard Effluent Agreement, Cont.: The right of the District to impose liens upon the property described in Exhibit 'A" shall not be limited to individual Lots, but may be imposed upon any or all of said property, including, without limitation, all Lots and Common Areas, or, in the reasonable discretion of the District, such liens may be targeted to individual Lots for specific amounts, or as a prorata share of the unpaid obligation of the Association. In the event that the Association files a lien for nonpayment of its Master irrigation System Fees, as described in Section 6.18 of the Master Declaration, the Association and the District shall have the right, but not the obligation, to assign and transfer the lien filed by the Association to the District in partial satisfaction of the obligation of the Association to the District. Notwithstanding the foregoing, the District shall have no obligation whatsoever to permit or accept such assignment, and the Association shall not assign any such liens to the District without its express consent and acceptance, as evidenced on the face of the assignment instrument. 12. EFFLUENT AVAILABILITY. The District shall make a diligent effort to make available to User the agreed upon quantity of effluent during any 24-hour period. It is the express intention of this Agreement that this quantity of effluent shall be available for withdrawal by User at any time during the 24-hour period from the storage facility to be constructed on User's property. Should the District find that due to demand or other factors it is unable to provide to User the full amount of effluent contracted for, it hereby guarantees the User its proportional share of the effluent then available, notwithstanding the items in Paragraphs 13 and 15. Should the effluent amount be reduced by the District because of demand or other factors, the availability charge will become equal to the proportional share of the effluent delivered until such time as the District is capable of supplying effluent as contemplated in the Agreement. Neither the District, nor the Association, nor Centex shall have any liability whatsoever to any Homeowner for the inability or failure of the District to supply the quantity of effluent set forth herein, and the Homeowners, by acceptance of the deeds to their Lots, are deemed to waive all claims, demands and causes of action of every kind and character, known and unknown, against the District, the Association or Centex arising from the failure or inability of the district to deliver the quantity of effluent set forth herein. 13. USER EMERGENCY SITUATIONS. In the event of an emergency, as defined below, User shall notify any of those District representatives set forth herein and request that the pumping of effluent temporarily cease. Such notice shall be in writing where circumstances permit and, in the ever~t of an immediate emerg(:ncy, such notice may be by telephone with subsequent written confirmation. It is understood by the parties that District anticipates that it can assist User with the storage and non-delivery of treated effluent for a period not to _ FEB 17 Standard Effluent Agreement, Cont.: exceed three (3) days in such an emergency situation. Such storage of effluent, however, shall be subject to the rules, regulations and directives of the Department of Environmental Regulation. Emergencies shall include, but shall not be limited to: (a) Climatic conditions such as hurricanes, floods or unseasonably excessive rainfall which make it impossible for User to accept the treated effluent. (b) Short term equipment or material failure making it impossible for User to store or distribute the treated effluent. (c) An Act of God which makes it impossible for User to accept, store or distribute the treated effluent. ; 4. NOTIFICATION OF DISTRICT. Those .representatives of District who shall be notified in the event of an emergency are: (a) Collier County Public Works Administrator 3301 E. Tamiami Trail (941) 732-2575 Naples, FL 34112 {b) Collier County Wastewater Director 3301 E. Tamiami Trail (941) 732-2575 Naples, FL 34112 (c) Chief Operator North County Regional Wastewater Treatment Facility 10500 Goodlette Road (941-597-5355) Naples, FL 34110 15. DISTRICT NOT LIABLE FOR FAILURE TO DELIVER EFFLUENT. The District shall not be held liable by User or any Homeowner for failure to deliver treated wastewater effluent if a reasonable situation preventing such delivery exists. Such situations shall include, but not be limited to: {a) A lack of treated wastewater effluent due to loss or lack of flow to the treatment plant, or due to process failure. (b) Contamination in the treated wastewater effluent making it unusable for irrigation. Standard Effluent Agreement, Cont.: (c) Equipment or material failure in the treated wastewater effluent delivery system, including storage and pumping. (d) An Act of God which makes delivery by the District not reasonably feasible, or impossible. 16. NOTIFICATION OF USER. The representative of User who shall be notified in the event of an emergency or District's inability to deliver effluent is: (a) Autumn Woods Community Association Diana Fliss 6702 Lone Oak Blvd. Naples, FL 34109 598-4145 Centex Homes 6702 Lone Oak Boulevard Naples, FL 34109 941-598-4145 If and when emergency situations occur, the Di~:rict will notify User by telephone and follow up with a letter stating the nature of the emergency and the anticipated duration. 17. WRITTEN NOTICE OF ADDRESSES AND TELEPHONE CHANGES REQUIRED. The District and the User may change the above mailing addresses and/or phone numbers at any time upon giving the other party written notification, return receipt requested, by U. S. Mail. 18. USE OF EFFLUENT. Except as set forth above, User and each Homeowner shall accept the effluent delivered by the District and use it for irrigation on the Property in any manner determined by User and each Homeowner, except that use of the effluent shall be consistent with local, state and federal regulations. Except as the normal use of the irrigation system may incidentally spray effluent into the lakes, ponds, ditches and sloughs on the Property, User and each Homeowner shall not discharge effluent directly into the surface waters of the State of Florida without written authorization from the Florida Department of Environmental Regulation. User shall take all reasonable precautions, including signs arid labeling, to prevent confusion between effluent sources and other water sources downstream of the Point of Delivery. The District shall be deemed to be in possession and control of the effluent until it shall have been delivered to User FEB 1 7 1998 Standard Etfluent Agreement, Cont.; at the Point of Delivery, after which delivery User shall be deemed to be in possession and control of the effluent. Notwithstanding the foregoing, each Homeowner shall be responsible for damages, fines or citations arising from the operation, maintenance of malfunction of the Private Irrigation System on the Homeowner's Lot, and neither the Association nor Centex will be deemed liable or responsible for the operation, maintenance or malfunction of any Private Irrigation System. The Association, as User hereunder and owner of the Master Irrigation System, shall be exclusively responsible for the operation, maintenance and malfunction of the Master Irrigation System, and neither Centex nor any Homeowner shall be deemed liable or responsible for the operation, maintenance of ma[function of the Master irrigation System. 19. EXCUSE FROM PERFORMANCE BY GOVERNMENTAL ACTS. If for any reason during the term of this Agreement, local, state or federal governments or agencies shall fail to issue necessary permits, grant necessary approvals, or shall require any change in the operation of the treatment, transmission and distribution systems or the application and use of effluent, then to the extent that such requirements shall affect the ability of any party to perform any of the terms of this Agreement, the affected party shall be excused from the performance thereof and a new agreement shall be negotiated, if possible, by the parties hereto in conformity with such permits, approvals or requirements. However, nothing shall require User or District to accept any new agreement if it substantially adds to its burdens and obligations hereunder. 20. USER'S R;GHT TO TERMINATION; AGREEMENT RUNS WITH LAND. The User shall have the right to terminate this Agreement if the District continually fails to deliver effluent, under the conditions described in Paragraph 15 herein. The User shall have the right to sell, transfer or encumber the land areas irrigated with the effluent and described in Exhibit "A", except that written notice of any proposed sale or transfer of the Common Areas must be given to the District, as provided for herein, at least thirty {30) days prior to the sale or transfer. So long as it is the intent that the use of the property shall substantially continue to be for the purposes intended by this Agreement, any subsequent p~rty in interest shall be obligated to receive and use the specified quantity of effluent under the same terms and conditions of this Agreement unless modified by mutual consent of the District and the buyer, or transferee, or successor in interest to the User. The District acknowledges that the property described in Exhibit "A' is intended for development into approximately 548 Lots to be conveyed by Centex to individual Homeowners and/or :o persons or entities engaged in the business of construction and sale of homes to Homeowners, and that nothing contained in this Agreement FEB I 7 1998 S[andard Effluent Agreement, Cont.: shall require Centex to notify the District of such Lot sales to Homeowners or to persons or entities engaged in the business of construction and sale of homes to Homeowners, or impose any obligation on any Homeowner or person or entity engaged in the business of construction and sale of homes to Homeowners to notify the District of the sale or conveyance of any Lot owned by such homeowner or person or entity engaged in the business of construction and sale of homes to Homeowners. By acceptance of the deeds conveying the Lots to the Homeowners, each Homeowner is deemed to have accepted the terms and conditions of this Agreement, whether such Agreement is specifically mentioned in such deeds or not, as covenants running with the land, and encumbering such Lots, and each Homeowner does hereby covenant and agree that no Homeowner is granted any individual right or interest in the subject matter of this Agreement, and no Homeowner shall have the right to terminate, modify or amend this Agreement. All of the rights and remedies of the Homeowners are set forth in the Master Declaration, and no such right or remedy shall be deemed to apply to this Agreement or the rights and obligations of the district, Centex or the Association. Homeowners shall not be deemed third party beneficiaries of this Agreement for any purpose whatsoever, and shall rely exclusively on the terms and conditions of the Master Declaration. 21. DISTRICT'S RIGHT TO TERMINATION. The District shall have the right to terminate this Agreement if the User fails to accept effluent under the conditions described herein, or if performance is prevented by third party litigation, or if the User is or reasonably appears to be irresponsibly or illegally disposing of or using the effluent, or if any other event beyond the control of the District prevents performance, or if the User fails to pay delinquent fees, rates, or charges for the services and facilities provided for under this Agreement. The District shall have no liability whatsoever to any Homeowner for termination of this Agreement, or for the inability or failure of the District to deliver the quantity or quality of effluent described herein. 22. TIME OF TERMINATION. Where practicable, termination on the part of either party shall not occur before one hundred and eighty (180) days after the terminating oarty has notified the other party in writing, except in an instance where User is, or reasonably appears to be, irresponsibly or illegally disposing of or using the effluent. 23. ACCESS. The District shall have the right, but not the duty, to enter upon the Common Area of User and the Lots owned by Homeowners to review and inspect at reasonable times the practices of User or the Homeowners with respect to conditions agreed to herein. Such entry shall normally be for the purpose of review of the operation of the effluent irrigation system, for inspection fl Standard Effluent Agreement, Cont.: 1 of distribution mains and appurtenances, and for sampling at any monitoring wells located on the property of User. User, but not Homeowners, may have a representative accompany the District personnel. :24. INDEMNIFICATION. User acknowledges that the effluent, due to its chemical composition, may not be compatible for irrigation of certain susceptible vegetation. User agrees that District shall not be held liable for damages that may occur to vegetation or for any other damages which may occur due to the use or acceptance of effluent. The User, in consideration of Ten Dollars ($10.00), receipt and sufficiency of which is accepted through the signing of this Agreement, shall hold harmless and defend the District and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to this Agreement. 25. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the formal parties hereto, and their successors in interest, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit any third party not a party hereto. 26. SEVERABILITY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be affected. To that end, this Agreement is declared severable. 27. LAND USE APPROVALS. This Agreement shall not be construed as a basis for either granting or assuring or indicating, or denying, refusing to grant or preventing any future grant of land use or zoning approvals, permissions, variances, special exceptions, or any other rights with respect to the real property in the irrigated area. 28. APPLICABLE LAW. This Agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida and the Collier County Utilities Standards and Procedures Ordinance or its successor in function. 29. RECORDATION. This Agreement shall be recorded in the Public Records of Collier County, Florida. 30. ASSIGNMENT. Assignment or transfer of the User's rights or obligations under this Agreement is prohibited without prior written consent of the District, except that assignment or transfer to an affiliate or subsidiary of User, or FEB 1 7 1998 to the Homeowner Association responsible for the irrigation system, or portion thereof, shall be permissible. 31. BINDING EFFECT. This Agreement shall be binding upon the parties, their successors and assigns. 32. ENTIRE AGREEMENT; AMENDMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter referenced herein. Any amendment hereto shall be in writing, duly executed by the parties hereto, or their successors in interest to the Property. IN WITNESS WHEREOF, the foregoing parties have subscribed their hands and seals the day and year first above mentioned. CENTEX HOMES, a Nevada general Partnership (1~-'~..~_~'~-." ~ ~ By: Centex Real Estate Corporation, Signature a Nevada Corporation, it~g general partner Printed/Typed Name By: ~""~ ~/ TII IbYH¥ RU EMLEH (2).~ .~Z.~~ Division President Signature ~[' ~L4z__~- ~_ )L/._t,S/'.~f- (Corporate Seal) Printed/Typed Name STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared TIMOTHY J. RUEMLER, well known to me to be the Division President of Centex Homes, a Nevada general partnership, being authorized so to do, executed the foregoing Effluent Agree~nent for the purposes therein contained under authority duly invested by the ~J~_~A~3 , and that the seal affix~,~d~,m seal of nn~/rl 1 Stendard Effluent Agreement, Cont.: WITNESS my hand and official seal in the County and State last aforesaid this /_~,~ day of ~,~.,_;_n~.~ , 199 ~ · (Notarial Seal) //l~ota~, Publi(~ - o:~c_~ ~o;~,:~~ ~ My Commission Expires: CENTEX DEVELOPMENT COMPANY, L.P. A Delaware Limited Partnership (1) Signature Printed/Typed Name (2) . ~ (Corporate Seal) Signature Printed/Typed Name STATE OF FLORIDA COUNTY OF 0 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared .J~ ~ l 6. ~'~ ~ ~, ,J r. , well known to me to be the /~cr~.c~- ,',~- F'o.~~'' of Centex Development Company, L.P., a Delaware limited partnership, being authorized so 'to do, executed the foregoing Effluent Agreement for the purposes therein contained under authority duly invested by the "~O~r)g,'~5^:,,3 , =~".d th3*. thc ~st~e true seal u, S~iu Standard Effluen! Agreement° Cont.: WITH,ESS my hand and official seal in the Count~ and State last aforesaid this /~-M_ .. day of ,Jd:~rld~ _, 199~. (Notarial Seal) - ~ ~ ~~ ~ Notary Public -~~ ~~ e ~ My Commission Expires: ~~ ~~~~.~ AUTUMN WOODS COMMUNIW ASSOCIATION, INC. A Florida not-for-profit Corporation j~:~-.~, ,'2 X?: .~~ (Corporate Seal) · ~i~natur~ % ~ Printed~yped Name STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, ~onaly)l appe~ .., well known to me to be the of the Autumn Woods Community Association, Inc., a Florida not.for-profit Corporation, being authorized so to do, executed the foregoing Effluent Agreement for the purposes therein contained under authority duly invested by the .., and that the seal affixed thereto is the true seal of said · WITNESS my ha. Al~ and official seal in the County and State last aforesaid _, 199 ?_. this -'-~'~"L d aY °f - -'~~A'~ (Notarial Seal) -~' ~~ - tary Public [ b'.~ ~.{ w[;~ ~ My Commission Expires: ~ CO~;~.{~.'2.'~ ~'C. CC~.~",:-3 ,, Standard Effluent Agreement, Cont.: 1 DATED: BOARD OF COUNTY COMMISSIONERS OF ATTEST: COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT DWIGHT E. BROCK, Clerk By: Barbara B. Berry, Chairman Approved as to form and legal sufficiency: County Attorney Standard Effluent Agreement, Cont.: "User.".. The term "User' shall mean and refer to the owner of the "Master Irrigation System' (herein defined), also being the owner of record of the "Common Areas' (herein defined). The term "User" shall not mean or include any 'Homeowner' (herein defined). "Homeowners". The term 'Homeowners' shall mean and refer to the owners of record of the 'Lots" (herein defined). 'L~)~". The term "Lot' shall mean and refer to each of the residential building site lots depicted on the recorded plats of the real property described in Exhibit "A' to be conveyed to individual Homeowners. "Common Areas'. The lands owned by the Association (herein defined), including, without limitation, all private streets, easements, driveways, green belts, recreation areas, drainage facilities and all other lands owned of record by the Association, shall be referred to herein as the "Common Areas". "(~enl;ex". The term "Centex" shall mean and refer to Centex Homes, a Nevada general partnership, and/or Centex Development Company, L.P., a Delaware limited partnership, jointly and severally. "As$o~iat;ion~. The Autumn Woods Community Association, Inc., as described in the "Master Declaration" (herein defined) shall be referred to herein as the "Association". ~Mast~r IrrigatiQn System". The term "Master Irrigation System" shall mean and refer to all pipes, pumps, storage facilities end other improvements located downstream from the 'Point of Delivery' (herein defined) within lands owned by the User (i.e., on Common Areas), but excluding the pipes, sprinkler heads and other apparatus installed on the residential "Lots' and owned by 'Homeowners". "Priva~;~ IrriQation SYstem"_. "Private Irrigation System" shall mean and refer to all pipes, sprinkler heads, timers, pumps and other apparatus or equipment located on a "Lot' and owned by a 'Homeowner'. "Master .Peclaration". The term "Master Declaration' shall mean and refer to that certain Master Declaration of Covenants, Conditions and Restrictions for Autumn Woods, dated May 8, 1997, recorded in Official Records Book 231 !, Pages 2,426-2535 of the Public Records of Collier County, Florida. FEB ! 7 1998 C WILSON, MILLER, BARTON & PEEK, INC. )" Enlin~ts. Pl~nnc~ Sur~/ors, L~ndsez~ A~, En~ronmcnt~ ~lt~ ~ Corat~ion ~IBIT A Page I of De~ripfion of p~n of Sccfio~ 3 ~ I0~ Collier O~n~, Florida All ~ p~n of Sectio~ 3 ~ 10, Tow~p 49 Sou~, ~nge 25 ~s:. Collier Count, and ~ing more p~i~l~rly degri~d zs follows; BEGInNInG ~t ~e ~st comer of s~id Section 10; · e~e along ~e c~st line of said Section I0. Sou~ ~'33'58' ~st 2629.71 feet c~st 1/4 ~r of s~id Sgtion 10; · c~e conti~e ~long smd east line. S~ ~'46'24' ~st 239.12 feet; ·ence leaving s~id line. Sou~ 89'29'57' West 2221.40 feet to ~ point on ~e easterly right-of-way l~e of F~ Boulevard (O-851) recorded in Pl~t Boo~ 13. page 58. Records of Collier Count, Florida; ·cnce along s~id line, ~o~ ~'06'13' ~st 5666.85 feet to ~ point on ~e sou~eNy line of Orange Blossom Drive, recorded in Official Record Boo~ 1314, p~ge 1766 177~, Collier County, ~oridz; ~er, cc ~lon~ s~id linc in ~e following four (4) described courses; 1) e~s:erly ~nd no~e~sterly 638.79 feet ~]ong ~e ~:c of z non-tangential circular curve concave ~o the northwest, having ~ radius of 610.~ feet. ~ough z central ~ngle of 60'~'~' z~ being subtended by z chord which betas b'o~h 67'06' 13' ~st 610.~ feet to z point of reverse cu~zmre; 2) no~e~sterly and easterly 660.69 feet ~long the arc of z circular cu~e concave to ~he sou~, having z r~dius of 565.~ feet. ~'ough z cent:al ~ngle of 67'~'~' and ~cing subtended by ~ chord which bears No~h 70'36'13' ~st 623.69 fee~ to a point of reverse ~amre; 3) easterly 181.59 feet along ~e ag of a circular cume concave to ~he no~. having a radius of 721.55 feet, ~ough a cenual angle of 14'25'10' and being subtended by a chord which ~ars Sou~ g3'~'22" ~st 181.1I feet: a) along a tangential line. No~ 89'41'03' ~st 89.47 feet to a point on ~e east line of said Section 3; a~enee along said li~, Sou~ 01'18'I0' ~st 3159.29 feet to ~e Point of Begim~ng of u~e parcel herein described; conm~ng 245.22 acres more or less; subject to easemen~ and reseictio~ of record: ~earmgs are based on ~e east line of Section 3. being Sou~ 01'18'10' ~st. w[~ON, MILLER, B~TON & PEEK, IN~. BY ,._~,~9~._~. ~. /c~~ DATE ~arcus ~.. B~an, P,L.~. ~5086 No~ valid u~ess em~ssed wi~ ~e Professio~l's seal. w.o. 33786 Ref: 4G-I035 sheet 3 of 3 (MB:kid) Da:c: September 19, 19~4 WILSON, MILLER, BARTON & PEEK, INC. F~C~tl, Pl~ncrs, Surv~)'o~s. L,,~dsc~pc Archi~cc~s & Envi~onmcmll Coflsull~ms ~l~e 2 Of ~ga~ Dcsc~ption bein~ ~ pa~ o~Sec~ion ~0, To~s~p 49 Souzh, ~n~e 2~ ColHer County, (CHURCH PARCEL) ~I ~ha~ p~ o~S~ion ~0, To~s~p 49 Sou~h, ~n~e 2~ ~sL Co~lier County, ~o~a more pa~i~hrly de~ as ~o~o~: Co~en~n~ ~t Ibc no~h~s~ co.er o~said Section ~0~ then~ ~ong the ~st llne oE~id ~ec~ion ~0, Sou~h ~'33'~" ~st 2629.?~ ~ee~ to the ~as~ ~er o~d S~ion ~0~ ~en~ ~n~inue ~on~ ~he ~st l~ne o~Jd Section I0, Sou~ ~'46'24" ~s~ 23~. 12 t~en~ I~n~ the ~s( l~ne o~sai~ S~ion i0, South g9'29'~?" Wes~ ~2~.~ ~eet to the then~ continue Sou(h 89*29'~ West ~020.~0 feet to lhe ~sterly ~ght-o~-~y line 8oule~d (C-85~) as recorded in Plat ~ook 13, page ~8 olive Public Records County, ~o~d~ then~ ~ong ~id usterly ~ght-o~-~y llne ~onh O9'~'13" ~st 1527,61 ~eet; then~ I~n8 ~id ~edy ~ght~-~y line South 82053'47" ~st 513.~ ~eet; then~ South 07'~'13" We~ 496.14 Feet; thence South 47*08' 15" ~st 33 l.~ ~eet; thence South 2~5]'2~" West 213.~ feet; thence South 07~'~3" West 248.?~ ~ect; thence South 41'29'30" ~st 394.~ ~eet to the Point of Begi~ng Contai~ng 23.~ acres more or less. Sub]e~ to ~sements and rest~citions of record. Bea~ngs are b~sed on the ~st line o~id Section I0, being South ~033'5g" ~st. ~ON, ~LE~ B~TON ~ PEEK, ~C. Registered Engineers and ~nd Su~ors P. Malone. P.SM. ~493 No~ valid u~ess embossed ~th ~he Pfo~ei$~ona['$ Ret W.O 37619 I:'~rt Mrer.~ FEB 1 7 lgg$ ~ - ~.=~,a_ o _ .... :_.1 E331IBIT B PIge I of 3 ri ~*%%1 I*"'~. ~'%% fl~, '%%H % I'il (. I '%'' I ; ' % : - J,'% LEGAL D~CRiPTIO~ AUTU~ WOODS U~IT 0~;~. P~T BOOK 28. PAG~ 27-32. BEING A PART OF SECTIO~S 3 AND ~0. TO.SHIP 49 SOUTH. RANGE 2~ COLDER COUNTY. F~R~DA ALL THAT PART OF SEC~OH 3 A~D SEC~O~ [0. TO'~SH]P 49 SOUTH. RANGE CO~ER COUNTY. F~RIDA AND BEING MORE PARTICU~RLY DESCRIBED ~ FOLLOWS BEGINNING AT THE NORTH~T COR~ER OF SAID SECTION tO. TH[~CE A~NG THE E~T UNE OF SAID SECTION I0. SO~H C0~3'58' 2033 96 THENCE LEA~G SAID E~T ~NE SOUTH 89~6'02' ~T 6294 THENCE ~TERLY 98 97 rE~ A~G THE ARC Or A NO~-TANGENT~AL CIRCleR CL'RY[ CONCA~ SO~HERLY HA~NG A RADIUS'OF ]S9 O0 FEET THROUGH A CENTRAL ANGL[ 35~9'5t' AND BEING SU~ENDED BY A CHORD WHICH BEA~ SOUTH 88'49't0' ~T FEET TO A POI~ OF RE~E CURVATURE: THENCE W~RLY 33 ti FE~ A~NG TH~ ARC Or A CIRCULAR CUR~ CO~CA'~ FCRTH~RLY HA~q~G A RADIUS OF 37000 F[~ THROUGH A CENTRAL ANG~ OF 05~?'40' SUBTENDED BY A CHORO ~ICH BEA~ SOUTH 93~3'04' W~T 33 tO FE~. CO~POU~D CURVATURE; THEgCE ~TERLY t09.?6 FEET A~NG THE ARC OF A C[RCVLAR CUR~ CO~CA~ ~RTH[ELY EAVI~G A RADIUS or 150.00 FE~ THROUGH A CENTRAL ANGLE OF 41~5'27' A~D EUBTENDED BY A CHORD ~ICH BEAP~ ~O~H 82'55'23' ~ST 107 33 FE~ TO A PO:FT OF RE~E CURVATURE; TP:ENCE ~TERLY ~0.06 rE~ A~G THE ARC OF A CIRCULAR CUR'~ CO~CA~ SOUTHERLY HAVI~G A RADIUS OF 90.00 FE~ THROUGH A CENTRAL A~G~ OF 38~4'06' A~D SUeTENDED BY A CHORD ~ZCH BEA~ NO~ 8]~4'42' w~T 58 95 rgET. THENCE SOUTH ?g'48'15" ~T 7L24 TH~CE W~TERLY 262 84 rE~ A~G THE ARC Or A ~05-TAh'GE~'TIAL C]RCU~R CURVE CG~'CA~ SOUTHERLY HA~NG A RADIUS OF T24 O0 FEET THROUGH A CENTRAL AFGLE OF 20'48'0]' A~D BE]~'G SUBTENDED BY A CHORD ~]CH BEARS SO~H 88'44'43' ~5~ ~0 FEET TO x PO~T OF RE~P~E CURVATURE; TEE~CE W~TERLY 72.79 FE~ A~NG THE ARC OF A C]RCU~R CUR~ CO~CA~'E FCRT~[~LY HAVI~G A RADIUS OF 7~.00 FE~ THROUGH A CENTRAL ANGLE OF 55~6'19' A~D B[]NG EL'BTENDED BY A CHORD ~CH BEARS NORTH T3'S]'Og' ~ST 69 96 rE~ TO E:VE~SE CURVATURE; THENCE w~TERLY ]Ti ?9 FE~T A~G THE ARC OF A CIRCU~R CUR~ CO~CA~ ECL'TH~LY ~:AVI~G X RADIUS Or 14352 FE~ THROUGH A CENTRAL A~GLE OF 68~4'54" AND eE:~C 5L~BTENDED BY A CHORD ~[CH BEA~ ~O~H 80~0'26' W~T ]61 72 THESCE A~NG A NO~-TANGENT1AL UNE SOUTH 85*t2'17' W~T 1566~ THENCE ~ORTHERLY 9t 27 FE~ A~G THE ARC OF A ~O~-TA~GENTIAL CIRCULAR 30~'CA~'~ ~TERLY HAVING A RAD]~S OF 495 O0 FEET THROL'GH A CE~RAL A~GL~ ;~3'~2' A~D 3RING SL'eTE~D~D BY A CEORD WHICH B~AP~ ~ORTH 07'45'43' ~T TH[SCE ~ORTH 13~2'3g' W~T 24715 THESCE NORTHERLY t96 55 FEET A~NG THE ARC OF A CIRCULAR CUR~ EAVISC A RADIUS OF 395.00 ~E~ THROUGH A CENTRAL A~CLE Or 28~0'34' ~BTENDED BY A CHORD ~ICH BEA~ NO~H 01'12'~' E~T t94.52 THENCE A~G A NON-TANGEnTIAL UNE NO~H 74~2'05" ~'~T 120.00 FEET; THEe'CE NORTHEASTERLY ~9522 r~ET A~NG THE ARC Or A NO~-TANGE~TIAL CIRCULAR C~R~ CONCA~ SOUT~TERLY HA~NG A RADIUS Or 515.00 rE~ THROUGH A CENTRAL ASGLE OF 21'43'07' A~D BEING SUBSIDED BY A CHORD ~ICH BEA~ NORTH 26~9 28 THENCE NORTH 3791'02' E~T 11181 THENCE NORTH ~2~4'23' ~T 29.T7 PE~; THENCE NO~ERLY TI 38 ?E~ A~NG ~E ARC 0~ A CIRCleR CURVE CO~CA;~ E~TERL' ~A~']NG A RADIUS 0~ TO O0 PE~ THROUGH A CENTRAL A~GLE 0~ 5B~5'32' Ah'D BEING Sb'BTENDED BY A CHORD ~]CH BEA~ ~ORTH 12~1'37' '*'~T 68 33 FEET TO A POINT OF RE~E CURVATURE; T~ENCE NORTHERLY ~2 8g PEET A~NG THE ARC 0? A CIRCU~R CUR~ CO~CA~ ~STERL~ HAVING A RADIU~ 0~ T3. O0 FEET THROUGH A CENTRAL ANG~ 0~ 4g~1'~9' AND BEING SUBTENDED BY A CHORD ~]CH BEA~ NORTH 08'~9'41' WEST ~0 9~ FEET RE~E CURVA~RE; THENCE NORTHERLY !1889 ?E~ A~NG THE ARC Or A CIRCU~R CURVE CONCA~ EASTERLY HAVING A RADIUS 0? 120.00 ?E~ THROUGH A CENTRAL ANGLE 0~ 5~'4&'00' SUBTENDED BY A CHORD ~ICH BEA~ NORTH 05~'20' ~ST 114.09 ?E~ TO A POINT OF RE~E CURVATURE; T~ENCE NORTHERLY 63. eO ~ A~NG THE ARC OF A CIRCULAR C~R~ CONCA~ WESTERLY HA~HG A RADIUS 0~ 90.00 ?E~ THROUGH A CENTRAL ANG~ 0~ 40~'01' AND BEING SUBTENDED BY A CHORD ~ICH BEA~ NORTH 02'57'00' EAST ~247 ?E~ TO A POINT OF RE~E CURVATURE: THENCE NORTHERLY 4632 ?E~ A~NG THE ARC 0~ A CIRCU~R CUR~ CONCA;~ EA~TERLT HA~NG A RADIUS 0~ 70.00 ~E~ THROUGH A CENTRAL ANGLE 0~ 39~3'04' A~D BEING SUBTENDED BY A CHORD ~ICH BEA~ NORTH 02~5'01' EAST ~737 THENCE NO~H 2291'33' E~ 28.23 ?E~: THENCE NORTHE~TERLY 25.40 PEET A~NG THE ARC 0~ A CIRCULAR CURVE CONCA~ SO~THEASTERLY HA~NG A RADIUS 0~ 45.00 ?E~ THROUGH A CENTRAL ANGLE 32~0'12" AND BEING SUB~NDED BY A CHORD WHICH BEARS NORTH 38~1'39' EAST 12~ ~Jey ~ne. Suice 2~. Naples. ~d 34105.8~07 ' ~ 941-649.4~0 FX 941-643-~216 ~ ~ T FE6 EXHIBIT B Page 2 of 3 THrNc£ ALONG A NOh'-TANGENTIAL LJN£ NORTH $7*26'05~ EAST 24 34 FEET. THENCE NORTH£RLY 145 89 FEET A~NG THE ARC OF A HO~-TA~GE~TIAL C~L'~R CL'~'.'~ CO,CAVE ~AST~RLY HA~HG A RADIUS OF 320 00 F~T THROUGH A C~NTRAL A~GLE ~5~ 20' A~D BEING SUBTENDED BY A CHORD ~ICH B~ARS ~O~TH ~9~0 '.S' ~ST '.~ 63 ~T; TH~C~ ~O~TH 0~6'3~' ~T 203 9~ TH~NC~ NORTHERLY 198 ~2 FE~ A~NG TH~ ARC OF A C:RCL'LAR CUR~ CON~AV~ EASTE~L':' HA'~G A RADIUS Or 32~.00 rE~ THROUGH A CENTRAL A~G~ Or 3]'4&'58' AND T~E~C~ A~G A HOH-TA~GE~AL U~E NO~H 61~7'26' ~ST 16~ 31 T~E~CE HOR~ERLY AHD ~O~HE~TERLY it4 33 FE~ A~G TH~ ARC OF A C:RC~LAR C~R~ CO~CA~ E~TERLY HA~HG A RADIUS Or 45 O0 FE~ THROUGH A C~TP~L t~5~'26' A~D BEING SUB~NDED BY A C~ORD ~ICH BEA~ ~ORT~ 11~9'47' ~T 85 97 T~E~CE ~ORTH 84~7'00' E~T 17 E6 FEET. T~E~CE HORTHE~TERLY A~D HORTHW~TERLY S6 2~ F~ET A~;G THE ARC Or A CUR~ COHCA~ ~TERLY HA~NG A RADIUS OF 20 50 FEET T~ROUGH A CENTRAL ~?~1'12' AHD B~Z~G SUBTEHDED BY A C~ORD ~ICH B~A~ ~RTH 05~:'2~' ~AST T~CE ~OR~ 72'44'12' W~T 5t 09 TH~CE ~ORTH~TERLY 69 14 FE~ A~HG THE ARC OF A CIRCL'LAR CUR~ CG~CAV~ ~O~Hg~TERLY HA~HG A RADIUS OF ~0 O0 FE~ THROUGH A CENTRAL A~G~ OF 79~'03' AHD BEIHG SUBTENDED BY A CHORD ~IC~ B~A~ ~ORTH 33~9'11' ~T T~CE A~HG A HOH-TAHGE~IAL U~ ~O~H 33~5'~&' ~T &~ ~ T~E~'CE ~T~RLY 233.~5 rE~ A~G T~ ARC Or A HO~-TA~G~AL CIRCC~R CL'R~ COHCA~ SOUTHERLY HA~HG A RADIUS Or 930 O0 FE~ THROUGH A C~TRAL A~G~ Or ~Bqg'21' AHD BEIHG SUBTENDED BY A CHORD ~CH SOUTH ?3~7'30' ~T 232.45 ~T; TEEd'CE ~TERLY t97.23 FE~ AL05C TH~ ARC OF X CIRCULAR CUR~ CONCx~ Hx~'C ~ RADIUS OF 346.50 FEET THROUGH X C~TRAL ANGLE O~ 32~6'48' A~D SL'~TEND~D BY A CHORD ~CH 9EAP~ SOOTH 8~6'14' ~'~T [94 58 FE~ TO A POINT OF RElaPSE CURVATURE; TEEd'CE SOUTH~STERLY 53.59 FEET ALONG TH~ ARC OF A CI~CU~R CUR~ E3L'THE~STERLY HAVOC A RADIUS OF 34 O0 FEET THROUGH A CEreAL A~C~ OF g0'18'25' AND BEIh'C SUBTENDED BY A CHORD '*;~ICH BEAP~ SOOTH 52'i5'26' '*~ST T~:[~'CE SOUTH 0?~6'33" WEST 225 55 T~'[SCE SOUTH 13~g'38' WEST 300 08 FEET TO THE EASTERLY E;CHT OF WAY ~'E GF FRASK BOULEVARD (lO0' EIGHT OF WAY) AS RECORDED IN PLAT BO0~ PAGE 58, PUBLIC RECORDS OF COLLIER COUNTY. F~EIDA; THENCE A~NG SAID EASTERLY EIGHT OY WAY NORTH 0?~6'13" EAST 84549 FEET. THENCE LEA~NC SAID EASTERLY E~CHT OY WAY SOUTH 82~3'4?' E~T 21366 FEET THENCE NORTH 74~8'39' EAST 8235 THENCE E~TEELY 28~40 FE~T A~C THE ARC OF A CIRCULAR CUR~ CONCAVE SOUTHERLY HA~NG A RADIUS OF 940 O0 FEET THROUGH A CENTRAL ANG~ O~ A~D BEINC SUBTENDED BY A CHORD ~ICH BEA~ NORTH 82~2'22' E~T 285 30 FEET THENCE SOUTH 88~3'55' E~T 314.83 FE~T; TO A POINT OF CURVA~EE THENCE NORTHERLY 187 56 FE~ A~G THE AEC OF A CIECULAE CUR~ COh'CA~ HAVING X RADIUS OF 9~0.00 FE~ THROUGH A CEh~RAL XNC~ OF 11'48'~' A~'D BEING ~UBTENDED BY A CHORD ~ICH BEA~ ~0~ 04~9'46' W~T 187.23 THENCE A~NG A NON-TAHGEh~IAL ~NE NO~H 87~7'27' E~T 60. It THENCE ~O~THEELY 288 23 FEET A~NG THE ARC OF A NON-TANGENTiAL CIRCU~R CURVE CONCAVE E~TEELY HA~NG A RADIUS OF 850 O0 FE~ THROL'CH A CEh~AL A~C~ [9't?'38' AND BEING SUBTENDED BY A CHORD ~ICH BEA~ NORTH ll~?'lS' E~T 284 88 TH~CE A~NG A NON-TAnGENTIAL ~NE SOUTH 92~5'33' SAST 42659 T~[NCE SOUTHE~TE~LY 13?.41 FEET A~NG THE ARC OF A CIRCULAR CUE~ CO~CAVE SCUTH~STERLY HA~'G A RADIUS OF 111 22 ~E~ THROUGH A CENTRAL ANG~ OF ?;'4?23' AND BEING SUBTENDED BY A CHORD ~ICH BEA~S SOUTH 36'4i'5[' EAST TFENCE SOUTH 01~8'10' ~AST 45000 THENCE SOUTHERLY 3905 FE~ A~NC ~E ARC OF A CIECL'~A~ CUR~ CO~CAVE HAVING k RADIUS OF 11502 FEET THROUGH A CENTRAL A~CLE OF 19~?'32" X~ ~L'BTENDED BY A CHORD ~ICH BEARS SOUTH 08~5'26' ~EST 3886 THENCE X~NG A NON-TANGENTIAL LINE NORTH 88'4t'50' EAST :090? THENCE NORTH 80~0'10' E~T 60?0 THENCE NORTH 8~'4t'50' E~T !?000 FE~ TO THE EAST UNE OF SAiD SECTIO~ 3, THENCE A~NG S~D SAST MNE OF SAiD SECTION 3 SOUTH 01'[8']0' E~T 6304 FEET TO THE POINT OF BEGINNING; CONT~NIHG 68.85 ACE~ ~ORS OR SL~BJECT ~ E~EN~ AND R~TRICTiONS OF RECORD; BEARINGS ARS B~ED ON THE EAST MNE OF SAID S~CTION lO BEING SOUTH 00~3'58' wi~ON. ~[~R. BARON & PEE~ INC. SOT~VALID UNLESS E~BO~ ~TH TH~ PROFESSIONAL'S SEAL '~/IL$CN..t~41LLER. BAa?O".: & PEt~c. It*~C Lane. Su,te 200. ~"4agle,. Fh*r,da .14 IO$*BSO? - r'h 941.649.4~40 F, 941.64,1.5716 eJO~ ]:,vd I 64;!1 39vd PLANNED DEVELOPMENT SCHEDULE AND EFFLUENT USAGE START UNITS TOTAL GAL. PER GAL. PER PREVAILING MINIMUM DATE IN UNITS DAY THIS DAY TOTAL EFFLUENT AVAILABILITY PHASE TO DATE PHASE TO DATE RATE CHARGE PER A B ' DAY . Feb. 1998 100 100 40,000 40,000 ~, A x B Feb. 1999 1 O0 200 40,000 80,000 ~ A x B Feb. 2000 100 300 40,000 120,000 # A x B Feb. 2001 100 400 40,000 160,000 .~. A x B Feb. 2002 150 550 40,000 200,000 .~. A x 8 *Prevailing effluent rate, as of the date of this Agreement, is Thirteen Cents {$ .13) per thousand gallons. Department of Environmental Protection South District L~wton Chiles 229S ~ Arena. ~ite 3~ ~rginia B. We~erell Governor Fo~ ~ye~, FIo~da 33~1.3~1 '- ~u~ 8, !~7 CERT~D ~ NO. P 5~ 0&5 748 ~~ ~CE~T ~. ~om~ We~eH Centex Homes, ~c. 6702 ~ne O~ Blvd. Naples, FL 34109 Re: ~olfi~ ~un~ - DW O~ ~ No. 97-2173- I I -DW Au~ W~s E~uent Tr~ssion ~e ~A014139-~2 D~ ~. We~eH: Enclo~ is ~he si~ ~d enter~ Short Fo~ Corm Order to re,lye the above reEeren~ ~. ~s ~py ~s for your r~rds. The ~nditions of the Order have b~n ~mple/~. ~e Dep~ment ~ clo~ place it in our inactive ~e. ~e Dep~ment ~ ~ r~iv~ the ~di~o~ ~o~on ~b~H~ ~ reg~ds to the ~ove referen~ pe~t apportion. ~ t~g ~e ~o~fion the Dep~ment dete~ that the r~i~ wat~ hold~g ~nd is ~w ~ht~ from the m~agement system. ~ereEore, the ~nd ~y ~ pl~ ~o ~. ~you have ~y qu~o~, pl~ ~n~ And~ Ba~enbr~k oflMs o~ at (941) 332-6975. Your ~o~ra~on ~ re~l~g ~s ~ ~ S~ely, ~~/dd Di~fi~ M~em~t ' Enclosure O~ (w/enclosure) Bob Gle~ (w/~clo~re) "P~o:v:L Conse~e or, d ~onoge ftondo's Enwronmem ond N'o:,,-~/Resources" EXECUTIVE SUMMARY DECLARE A PORTION OF THE PROPERTY KNOWN AS THE MARCO ISLAND TRANSFER STATION AS SURPLUS AND AUTHORIZE STAFF TO ADVERTISE THE PROPERTY FOR SALE TO THE PUBLIC. D_.I3_J..F.,_C~T]~ To declare the subject property as surplus and authorize staff to advertise the subject property for sale to the public. CONSI D E RATION;_On May 18, 1971, the Board of County Commissioners accepted a Warranty Deed from Marco Island Development Corporation for land needed to house a Trash Incinerator which was needed to dispose of trash, garbage and waste material. The original Warranty Deed contained a reverter clause which has since been removed by Quitclaim Deed, accepted by the Board on October 28, 1997. In July of 1997, the Marco Island Fire District (District) desired to purchase a small portion of the Marco Tran:;fer Station's property to increase the acreage of their existing property. The Fire District was seeking to then exchange the then larger District property with property owned by Cedar Bay Marina. (Marina) With the incorporation of the City of Marco Island the intent of the District has changed. However, representatives of the Cedar Bay Marina continue to express an interest in the Marco Transfer Station property. Staff has determined that a small portion (see attached Exhibit "A") of the Marco Island Transfer Station property is not needed for the operation of the transfer station. A memorandum was lo,yarded on January 21, 1998 to the Board of County Commissioners, Constitutional Officers, the County Administrator, Division Administrators and Department Directors requesting if the subject property was needed by the recipients. Responses were due by February 6, 1998. All responses received indicated that there was no County use for the property. The subject property, when separated from the larger parcel has no legal access. The County may or may not need to grant access to the property. Access would not be needed if the Marina submitted a bid in which the Board accepted. Should the 3oard of County Commissioners declare the property surplus, the attached advertisement shall be placed in the Naples Daily News once a week for two (2) weeks as mandated by F.S. i25.35. A copy of the proposed advertisement is attached for review. FISCAL IMPACT; The cost of the advertisement will be $188.70. Funds are available in: Fund: 470 Solid Waste Disposal Cost Center: 173442 - Marco Transfer Station Project: - Marco Transfer Station n:.~ FEB 1 7 1998 p'e. i Page 2 Executive Summary- Marco Island Transfer Station GROWTH MANAGEMENT IMPACT: none RECOMMENDATION: That the Board of County Commissioners 1) formally declare the subject property as surplus; 2) approve the attached advertisement; and 3) authorize staffto advertise the property for sale to the public, according to Florida Statutes 125.35. Staffshall return to the Board of County Commissioners with any and all bids received. Wilma J. Iverson,'Senior Specialist Real Prop .erp$ Mana~eme~ Department David Russell, Director Solid Waste Department APPROVED BY: ~ DATE: ,::,2 -~"-~;~ ~ --Ed llschner, A m]mstrator Public Works Division FEB I ? 1998 LEGAL NOTICE PROPERTY FOR SALE INVITATION FOR SEALED BIDS NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIO~ OF COLLIER COUNTY, FLORIDA WILL ACCEPT SEALED BIDS UNTIL MARCH 4, 1998, FOR THE PURCHASE OF PROPERTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: LEGAL DESCRIPTION A portion of Tract "D", according to the plat of"Marco Beach Unit Four", as recorded in Plat Book 6, Pages 32 through 37, Public Records of Collier County, Florida, described as follows: Begin at the most Southerly Comer of said Tradt "D"; Thence along the Southwesterly Boundary of said Tract "D", N45°00'00"W, 86.00 feet; Thence leaving said Southwesterly Boundary, N45°00'00"E, 143.90 feet; Thence S53°47'14"E, 101.30 feet 1o the Southeasterly Boundary of said Tract "D"; Thence along said Southeasterly Boundary, S50°03'34"W, 160.00 feet to the Point of Beginning. Containing 0.32 acres, more or less. COUNTY SEEKS A MINIMUM OF $90,600 FOR THE SUBJECT PROPERTY. THE BOARD OF COUNTY COMMISSIONERS RESERVES THE RIGHT TO REJECT ALL BIDS. THE SUBJECT PROPERTY IS OFFERED IN AN "AS IS" CONDITION kND SPECIFICALLY AND EXPRESSLY WITHOUT ANY WARRANTIES, REPKESENTATIONS, OR GUAKANTEES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER. Terms: CASHIER'S CHECK FOR AGREED AMOUNT AT CLOSING. CLOSING VsqTHIN SIXTY (603 DAYS OF ACCEPTANCE OF BID BY BOARD OF COUNTY COMMISSIONERS. ADDITIONAL INFORMATION AND A COPY OF THE SALES AGREEMENT TO BE UTILIZED, AVAILABLE UPON REQUEST. ENVELOPES MUST BE MARKED WITH THE WORDS "SEALED BID". PLEASE FORWARD SEALED BIDS TO: 'vVILMA IVERSON S EN-IOR SPECIALIST ILEAL PROPERTY MANAGEMENT DEPARTMENT 3301 TAMIAMI TRAIL EAST NAPLES, FLORIDA 34112 TELEPHONE NUlVEBER (941) 774-8991. ~- ~, ~,t~. FEB 1 7 1988 PROJECT NO. PROJECT PARCEL NO. TAX PARCEL NO. LEGAL DESCRIPTZO~J A portion of Tract "D", according to the plat of"M~rco Beach Unit Four", as recorded in Plat Book 6, Pages 32 through 37, Public Records of Collier County, Florida, described as follows: Begin at the most Southerly Comer or sald Tract "D"; Thence along the Southwesterly Boundary otr said Tract "D", N4$°00'00-W, [6.00 Feel; 'rbence leaving said Southwesterly Boundary, N45'00'00"E, 143.90 Feet; Thence S53'47'I4"E, 101.30 Feet to the Southeasterly Boundary of said Tract "D"; Thence along said Southeasterly Boundary, S$0'0Y34'W, 160.00 Feet to the Point or' Beginning. Containing 0.32 Acres, more or less. .~..)F~ETCH OF LEGAL DE~~ON~ (NOT A SURVEy) So~hwestrrlv Bounda~ o~ Tract SCALE: .~ To scx~ BYe'" DRXWN ay: _ CHECKED BY: FILE NO: ': ~VEY~ REVISED: ~ ~ :~ ;~.~..,~ ~ ....... ]EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENTS RECOGNIZING CARRY FORWARD AMOUNTS FROM FY 97 FOR ROAD PROJECTS IN FUNDS 313, 331, 333, 334, 336, 338, 339 & 340 OB,/E~fIVE: To obtain BCC approval of budget amendments that will allow unexpended funds budgeted for Road projects to be carried forward and re-appropriated in the FY 98 budget. CONSI[DERAT!ONS: Funds were appropriated in FY 97 for multiple road projects. Staff'was unable to encumber all the appropriated funds before the end of the risc, al year. These funds are still required to complete the approved projects. This is typically the case with transportation capital funding since roadway projects generally span several fiscal years. Also, new funding is being requested in various projects, as well as shifting of funding sources between gas taxes and impact fees for some projects, as outlined below. FISCAL 131PACT: Increases in appropriated carry forward revenue are as follows: Fund: Amount Road Construction Gas Tax (313) $ 2,977,415 Road Impact Fee District I (331) $.2,009,944 Road Impact Fee District 3 (333) $ 733,135 Road Impact Fee District 4 (334) $ 95,504 Road Impact Fee District 6 (336) $ 889,597 Road Impact Fee District 8 (338) $ 421,635 Road Impact Fee District 9 (339) $ 47,829 Road Impact Fee District 10 (340) $ 33.888 Total: $ 7,208,947 Increases in expense appropriations funded by increased carry forward revenue, and changes to project funding sources (gas taxes and impact fees) are indicated below: Increase/' Increase./ Increase/ Decrease New Decrease Decrease Increase/ fm Project Funding Gas Tax Impact Fee Decrease ~und C. arrt, Fwd Requests Fundin~ Funding Reserves Total 313 899,080 457,362 244,000 0 1,376,973 2,977,415 331 848,773 1,000 677,000 483,171 2,009,944 333 152,372 207,000 312,000 61,763 733,135 334 - 95,504 95,504 336 ,;00,000 (1,873,000) 2,362,597 889,597 338 76,534 345,101 421,635 339 - 47,829 47,829 340 33,030 858 33,888 Total 2,409,789 665,362 244,000 (884,000) 4,7 t~:Tot; .7,208,947, Fund 313- New Funding: (60173) Multi Project Transportation- $100,000 Misc Engi~ee~g ,.rvrces provided by OCPM that are not project specific., (66076) Neighborhood Study - ~Estkna. It. LL10 ?,26_2 projects to supply traffic c ming efforts in various neighborhoods throughout the ,.our~.6~"~A~I~ Immokalee Road - $100 - Misc. Legal Fees, (60031) 11 I'" Avenue North - Original deficient date was incorrect, Iv[PO has revised the date to be deficient in 1998. $300,000 is for the design of this project. Fund 331 - New Funding: (69111) - Airport Road Extension - $1,000 - Outstanding OCPM Fees. Fund 333 - New Funding: (60101) - County Barn Road - $207,000 - Right-of-way acquisition, Real Property and OCPM Fees. FYi, 8 Fundint Chantes Increase.; Increase' Increase/ Increasd Increase./ Ntt Project Project Decrease Decrease Decrease Decrease Decrease Increase./ Number Name Fund $1$ Fund $$I Fund $$$ Fund $$6 Reserves Decrease 60071 LMngston Road (100,000) 100,000 - 62081 Santa Barbara (312,000) 312,000 - 65021 Rattlesnake Hmk (300,000) 300,000 - 65041 NN MSTU (577,000) 577,000 - 60061 Livir~gston Road 2,173,000 (2,173,000) - 60174 Traffic Signal (640,000) 640,000 - Total 244,000 677,000 312,000 (1,873,000) 640,000 - GRQWTH MANAGEMENT IMPA~T: Impact fee funded projects are included in the Growth Management Plan. RECOMMENDATIONS: That the BCC approve/authorize the necessary budget amendments to (1) carry forward FY 97 unexpended funds into FY 98, (2) authorize new and revised funding for the above listed projects in Roads Capital Funds 313, 331,333,334, 336, 338, 339& 340. PKEPAKEDBY: . /.~,LL~LC)/9~I,d,., DATE: ]/~0/~ Sharon Newman, Accouming Technician Offi,c~of Capit~ P)'~ects M,an/~emem Adolfo A. GoF~.alez, P.I-~..~3irect~ Offic/,~,o, f .C..a~tal Projects Man~.~,nt David F. Bobamck, D~rector Transportation REVIEWED BY: /~~~"~~ DATE: ' 'Ed llsc~,r~Admini~,trator e;~.~~ Public Works Division cc: Rich Hellriegel, Senior Project Manager, OCPM FEB I 7 1998 ......... ~I. LIMINARY CARRY FORWARD ANALYSIS Fund ~174 T~ ~ 275,~ 62031 ~ Rd 62~1 6~031 IJ3l d)O71 V~d~ ~h 39.2~ 67021 V~ ~h 2,7~ FEB 1 7 1~98 1/22/~8 4:2'0 Pad PO,, ,,L -.~ .......... r r~r..~.,M~N^~y CARRY FORWARD ANALYSIS F~r~ ~Z 331 P~.O;£CT £XP£NSE sL.'~,,~¥ PRELIMINARY CARRY FOR'WARD b~pecx F,es 1,900.Oreo 1,110,649 (19,3~1 Carry F~,,, ~' d Tot~ _ ~,l?l,000 1.012.44} 211.4~} LESS [XPE,~SES [ ,.,)).j;)~. j FEB I 7 1998 J ~'- ~ ! PRELIMINARy CARRY FORWARD ANALYSIS FEB 1 7 1998 I,~,o;[cT [XM:NS£ s~'~¥ PRELIMINAFIY GA.~RY FOR'VVARD ANALYSI~ ~ :~] ' 67021 v~ Bch ~ Fees ~ F~ud JL~¥]E:NL~S LESS EX]~ENSES [ 421.I~3J I FEB 1 7 1998 / ~_ ,t- ./ ~OJ£C'T ["XTL~s[ S~,~J~Y =RELIMINARY CARRY FORWARD ANALYSIS ~ Y~ R~ I ~,~ ~f~ Jr~ 62~ I ~ l I~ ~ S,~ I~17 3ml~ ~TTM ~ 5~ FEB I 7 1998 I 1 ~omc'r ~z-xTE~s~ StnvO,4x PRELIMINARY CARRY FORWARD ANALYSIS Fund 3,40 ' ': m , . ' ' ; ..... :' :m .... ' z '' ;,:~ i' :, .:,:::- ']iil,?;':i!i:i.!~'~] ii ]':'! ~::?.:w.::'I '~ · ",~1 ' I ' I -,=1 '-" I .... ' I · - I .... - I -'1 ~ a,~:O :~rI~1 ~11 ~ Fm"wwd 14,JO0 1414~4 (~ T~ mm,~ tg.~ m EXECUTIVE SUMMARY ACCEPT CONVEYANCES FOR THE FAHKA UNION CANAL. OBJECTIVE: For Collier County to accept title to the Fahka Union Canal, and a maintenance easement from the property owner who borders the west side of the Fahka Union Canal known as Fakahatchee Resources Inc. (Resources) CONSIDERATION: In order to dear title to their property, Resources has requested Collier County by virtue of Statutory Deed/Quitclaim Deed to convey the land lying west of the westedy waters edge of the Fahka Union Canal. In exchange, Resources will convey to Collier County a Maintenance Easement for access and maintenance to the Fahka Union Canal and a Quitclaim Deed to satisfy'title commitment requirements. To keep County costs down, the Real Property Management Department, will not be ordering title policies on these conveyances. According to the title company, ownership of the Fahka Union Canal or the land which abuts the canal has not been defined in any recorded document. Avatar Properties Inc., the last recorded owner of record, has now executed a Quitclaim Deed to Collier County conveying any interest they have in the Fahka Union Canal to Collier County. In order to clear title to the Fahka Union Canal, the title company has requested that Collier County obtain Quitclaim Deeds from the property owners who are adjacent to the Fahka Union Canal. To date, Collier County has obtained Quitclaim Deeds from Avatar Properties Inc., and Resources. Collier County has not acquired conveyances from the other property owners, Sunshine State Resort and Olde Florida Investment LTD., and may not obtain these conveyances in the future. Upon acceptance and the recording of the Quitclaim Deed from Avatar Properties Inc., and the Quitclaim Deed and Maintenance Easement from Resources, Collier County will obtain access for maintenance along the west boundary of the Fahka Union Canal from Resources who is the present property owner. The Real Property Management Department, John Boldt, P.E. & P.S.M., Stormwater Management Director, and the County Attorney's Office agrees that the best way to proceed would be to accept and record the Quitclaim Deed from Avatar Properties Inc., an~ the Quitclaim Deed and Maintenance Easement from Resources, and accept and record the Quitclaim Deeds or other forms of conveyances from Olde Florida Investment LTD., and Sunshine State Resort, when or if they are obtained. FISCAL IMPACT: Pre-acquisition, closing expenses and the recording of all approved documents in the Public Records of Collier County, in an amount not to exceed $1,000.00 will be paid from account number 001-172910-649030. GROWTH MANAGEMENT: None FEB I 7 1998 I Executive Summary Page 2 FISCAL IMPACT: Pre-acquisition, closing expenses and the recording of all approved documents in the Public Records of Collier County, in an amount not to exceed $1,000.00 will be paid from account number 001-172910-649030. GROWTH MANAGEMENT: None RECOMMENDATION: THAT THE BOARD OF COUNTY COMMISSIONERS 1.) Accept the attached Quitclaim Deed from Avatar Properties Inc. 2.) Approve and authorize the Chairm~n to sign the attached Statutory Deed/Quitclaim Deed to Fakahatchee Resources. 3.) Accept the attached Maintenance Easement and Quitclaim Deed from Fakahatchee Resources, inc. 4.) Authorize the Chairman to accept future conveyance documents from adjacent property owners, and from property owners who may provide access to the canal. 5.) Authorize the Chairman to execute any other instruments deemed necessary by the County Attomey's Office to obtain clear title to the Fahka Union Canal and complete this project. 6.) Authorize staff to record all documents necessary in the Public Records of Collier County. Jean Jourdan,?~al'Property Specialist II ~.'~Re~l Propert~Ma'hagement Department Job I~.E.~, ~S.M. Director Stormwater Management Department Ed ~A~ministrator Ilschner, Public Works Division FElt ! 7 1998 Project: Fahka Union Canal Folio: 01066880001 01058920607 01058880006 01058920102 01058920005 T/C: No. 3 QUITCLAIM DEED THIS QUITCLAIM DEED Executed this ~ day of ~LIclL~: , A.D. 199.~_, by AVATA~R PROPERTIES, INC., · Florida corporation f/k/a Gulf American Land Corporation. a corporation existing under the laws of the State of Florida, whose mailing address is 255 ^lambra Circle, Coral Gables. FL (all hereinafter collectively called the Grantor), to Collier County. a political subdivision of the State of Florida. its successors and assigns, whost post.office address is 3301 Tamiami Trail East, Naples. Florida 33962 (hereinafter called the Grantee): (Wherever used herein the terns 'Grantor' and "Grantee' include all the parties to this instrument and the heirs, la&al representatives and assigns of individuals, and the succeasota and as·idms of corporations.) VITNESS£TH: That the G~anto~, fo~ and tn consideration o~ the s~ of ~I0.00 tn hand pard by the said G~ancee, the receipt ~hereof ts hereby acknowledged, does hereby :emcee, release, and quitclaim unuo the said ~o~eve~, all ~he ~t&hc, title, interest, claim and demand which the said Gra~:o~ has ~ and co the following described 1o:, piece o~ parcel of land st~a:e, lying and bern& tn Collier County, Florida, ~o SEE ~IBIT 'A' attached hereto and made a parc hereof, Sub~ec: :o easements. ~escrtcctons, and reservations of record. TO ~VE ~qO TO HO~ the same co&eche~ with all and singular the appur~e~ance~ thereunto belonging o~ tn an~tse appertaining, and all the esha:e, rt&hu, ti:la, ln:e~el:, lien. equity and claim whacsoeve~ o~ the said G~ancor, either in law o~ equity, ~o the only proper use, benefit and behoo~ of the said Grantee forever. IN WITNESS ~EREOF. the Gtanto~ ha~ caused these p~esen:s co be executed ~he day a~,~ yea~ first above w~tcten. ~~~_~~ AVAT~ PROPERTIES, INC.. a Florid· (~tgnacuredof gttne~) ~ corporation, f/k/a Gulf ~ertcan ~nd ~~ ~ Corporation, a corporation ext~tn& ~Pr~n~ Name of ~a~) unde~the lays of the~c~ce ~f Florid· (Signature of ~ttness) ~ennts J. Ge(~an ~C~ ~ Executtve Vice-Presiden: (P:[n~ Name of Address: 255 Alambra CtrclT ,,. STATE OF Fl_o~ ¢OUh'TY OF ~ The fore$oin~ quic Cleim Deed vas acknovled~ed before me chis 30th d~y of Aocam~ , 199 ~ by ~nnis J. Cecm,n. Executive Vice-Presiden~ of AVAT~ P~OP~TI~S. INC., ~ Flori~ corporation, f~/i Cul~ Corporation. a corporation exls~lnS under the lays of the State of Flori~. on behalf of ~he corpora~iofl. He Is perso~lly kno~ to me or has produced /'~'% OFFICIAL S~ (Signature of Notary Public) = ~ : ~Com~m.[~lr~ (Print N~ of Notary Public) ~..~:.~.: ,~,. ~. ~,~ NOT~Y PUBLIC Sertal/Co~isston No. My Co~ission Expires: ~et~ F. ~$hton. [squire Off,ce cf thc C:cct~ 5':tornex 330l last Ta~i~=t Tr~l (813) 774.-8400 _ . ...;; FEB I ? EXHIBIT "A" Page 2 of 2 PrCUeci: Fahka Union Canal Folio: 01066880001 010589~0607 01058880006 01058920102 01058920005 T/C: No. 3 STATUTORY DEED/QUIT CLAIM DEEr) THIS DEED, made this day of , lg, , by COLLIER COUNTY, a political subdivision of the State of Florida, wflose mailing address il, 3301 Eal! Tamiami Trail, Naples, Florida 34112 (hereinafter called the Grantor), to FAKAHATCHEE RESOURCES. INC., a Florida corporation, whose taxpayer identification number il, 65..0524077, and whose post office address is 4500 Executive Drive, Naples, Florida 3411 g (hereinafter called l~e Granlee). (Whenever used herein the terms 'Grantor" and 'Grantee' include all the parties to this instrument and their respective successors and assigns.) WITNESSETH that the Grantor, f~ and in consideration of the sum of Ten Dollars. ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, hal granled, bargained and sold to the Granteo, its heirs and assigns f~ever, the following described land lying and being in Collier County, Florida: Ail that po~on of the northeast quarler of Section 9, Township 52 South. Range 28 East. Collier County, Florida. lying norlh of the northerly r)ghI-Of-way line of U.S. Highway 41, and wesl of the westerly walers edge o/' the Fahka Un,on Canal, AJI those portions of the easterly one-half of Secbon 4, Township 52 South, Range 28 East, Collier Count'y, Florica, lying e~ther west of the westerly waters edge of the Fahka Union Canal, or north of the northerly waters edge of the Fahka Unmn Canal, or both. Subject lo easements, restrict,3ns, and reservations of record. IN WITh,lESS WHEREOF the said Grantor has caused these presents Io be executed in ils name by its Board o! County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesa:d. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AT-rEST: By: DWiGHTE. BROCK, Clerk I~arbara B. Berry, Cha~,rman By:, FEB 1 7 1998 FIJI NTENA.NCE ~.A8 EMENT ~INTEN~CE EASEMENT, made this day of , 1995, between FAKAHATCHEE RESOURCES, INC., a Florida corporation, a Florida corporation, as GRANTOR, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, 3301 East Tamiami Trail, Naples, Florida 33962, as GRANTEE. (Wherever used herein, the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) GI:~NTOR, for and in consideration of ~he su~ of DOLLARS and other valuable consideration paid by the GRANTEE, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon the following described lands being located in Collier County, Florida, for purposes of maintaining Fahka-Union Canal, to-wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. TO P~VE AND TO HOLD the same unto the GRANTEE and its assigns, together with the right to enter upon said land for the purpose of maintaining said Fahka-Union Canal. GRANTOR and GRANTEE are used for singular or plural, as the context requires. O BNAPl~9946.1 FEB 1 7 1998 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in our presence: (CORPORATE SEAL) FAKAHATCHEE ]~I~SO~S, IRC. ]~OBERT PAUL HARDY Wit~ess ~1 --/ Print Name Be~nw: as President / ness #2- Print Name Below: STATE OF FLORIDA COUNTY OF COLLIER The/~or~oing instrument was acknowledged before me this /~ , ·, a Florida corporation, who is personally known to me. My Commission Expires: NOTARY PUBLIC / - (SEAL)-- (PrtDt ~n. ame be Notary Public V^LER/E I. STOLL Serial ~ (if any) ~ ~ ~,/~ g- /V.y C:,m~ E.',~. 4/3'0YI19 - - ~c ~onded ~y $~/nm No. CC44146~ EXHIBIT "A" TO MAINTENANCE EASEMENT A strip of land twenty (20') feet in width, the easterly border of which constitutes the westerly water's edge of the Fahka-Union Canal, located in those portions of Sections 4 and 9, Township 52 South, Range 28 East, Collier County, Florida, and lying north of thm northerly right-of-way line of U.s. Highway 41; and A strip of land twenty (20') feet in width, the southerly border of which constitutes the northerly water's edge of the Fahka-Union Canal, located in the easterly one-half of Section 4, Township 52 South, Range 28 East, Collier County, Florida, and lying north of the waters edge of the Fahka Union Canal. OB."LAP 1 \625~0.1 FEB 7 . ~'~.c~ rccc~ f~m kcx ~UXT-CLAIK DBBD THIS QUIT-CLAIM DEED, executed this ~. 'tday of April, 1997, by FAKAHATCHEI RESOURCES, XNC., a Florida corporation, FIRST PARTY, to THZ BOARD OF COUNTY COMMXSBIONERB OP COLLX~R COUNTY, a political subdivision of the State of Florida, its successors and assigns, 3301 East Tamiami Trail, Naples, Florida 34112, SECOND PARTY. WITNESSETH, that the said First Party, for and in consideration of the sum of Ten Dollars ($10.00), in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Collier, State of Florida, to-wit: See Exhibit "A" attached hereto and incorporated herein by virtue of this reference. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First Party, either in law or equity, to the only proper use, benefit and behalf of the Gaid Second Party forever. IN WITNESS WHEREOF, the said First Party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered (CORPORATE SEAL) in our presence: FAKAH~TCHE~ RESOURCES, INC., ·~. ,,BY: ~BERT PAUL NARDY ~itn~ss #1 i as President Prin~"-Name/Below: ,.,, ; ',". !~.,,' ~:' Witness J2 Print Name Below: ~',.,..-'.~., ~ /',,.'. ,-~ STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this '"' ':' day of ,~'~: , 1997, by ROBERT PAUL HARDY, as President of Florida corpo ~lon, who is personally known to me. ,' . ' ' "NOTARY pUBLIC - (SEAL) My Commission Expirlm: (Print n_ame~b?low) Notary Public Serial # (if any) Approv d as to frm legal sufficSe.c, Assistant Countl Attorne$ FEB/ 7 1998 HMA PROJECT #183.01X MARC~ 31, 1995 REF. DWG. #A-764 PROPE]iT~[ DES~IPTION PROPOSED RIll' A PARCEL OF LAND LOCATED IN A PORTION OF SECTIONS 4 AND 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PkRTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTH 1/4 CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 89e42~31" E., ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 1156.59 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 00e30'33" W. FOR A DISTANCE OF 6308.95 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THAT PARCEL OF LAND DESCRIBED IN THE EASEMENT DEED RECORDED IN O.R. 887 AT PAGE 876 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N. 89°28t44" W., ALONG THE NORTHERLY BOUNDARY OF THE PARCEL OF LAND DESCRIBED IN SAID EASEMENT DEED, FOR A DISTANCE OF 15.84 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE PARCEL OF LAND DESCRIBED IN SAID EASEMENT DEED; THENCE RUN S. 00e31t16" W., ALONG THE WESTERLY BOUNDARY OF THE PARCEL OF LARD DESCRIBED IN SAID EASEMENT DEED, FOR A DISTANCE OF 360.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINF- OF U.S. }{IGHWAY NO. 41 (FLORIDA STATE ROAD NO. 90) AS THE SAME IS SHOWN ON THE STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP FOR STATE ROAD NO. 90, SECTION 0301, LAST REVISED 7/18/60, A 183.00 FOOT RIGHT-OF-WAY; THENCE RUN N. 85e49~14' E., )J~ONG THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41, FOR A DISTANCE OF 321.08 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THAT PARCEL OF LAND DESCRIBED IN THE EASEMENT DEED RECORDED IN O.R. 887 AT PAGE 876 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N. 00o31' 16" E., ALONG THE EASTERLY BOUNDARY OF THE PARCEL OF LAND DESCRIBED IN SAID EASEMENT DEED, FOR A DISTANCE OF 333.69 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PARCEL OF LAND DESCRIBED IN SAID EASEMENT DEED; THENCE RUN N. 89e28t44" W., ALONG THE NORTHERLY BOUNDARY OF Tile PARCEL OF LAND DESCRIBED IN SAID EASEMENT DEED, FOR A DISTANCE OF 24.16 FEET; THENCE RUN N. 00'30~33" E. FOR A DISTANCE OF 5809.27 FEET; THENCE RUN N. 45'22'18" E. FOR A DISTANCE OF 224.67 FEET; THENCE RUN N. 89"42'31'' E. FOR A DISTANCE OF 676.00 FEET; THENCE RUN N. 44e42~31' E. FOR A DISTANCE OF 387.97 FEET; THENCE RUN N. 00'30'33" E. FOR A DISTANCE OF 72.26 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 4; THENCE RUN S. 89'42'31" W., ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 1385.03 FEET TO THE ]~OINT 9F_F__~EGI~'NIN(;, CONTAINING 51.340 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHEAST 1/4 OF.SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, AS BEING N. 89e42~31'' HOLE, MONTES & ASSOCIATES, INC. EXECUTIVE SUMMARY AWARD A CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES AND INCREASE THE PROJECT BUDGET FOR THE SOUTH NAPLES COMMUNITY PARK THROUGH UNBUDGETED AND AVAILABLE COMMUNITY PARK IMPACT FEE FUNDS. RFP 97-2745 - PROJECT #80037. Q~JECTIVE: That the Collier County Board of Commissioners approve the Selection Committee recommendation of thc Professional Engineering firm and the subsequent agreement negotiation for the South Naples Community Park. (~QNI;IDERATION: The South Naples Community Park project was approved and prioritized by Board action on April 22, 199"/ under Agenda Item 8(C)(2) for a facility to provide baseball, basketball, soccer and other recreational facilities including a tot lot to this area of Collier County. The Parks & Recreation Department Master Plan is to be implemented by the professional engineering f~rm selected in accordance with thc authorization by the County Administrator. The Selection Committee received proposals from eight (8) firms and short listed three firms for interviews: Wilson Miller Barton & Peek, Inc. 2. Hole Montes and Associates, Inc. Post Buckley Schuh & Jernigan, Inc. The Select,on Committee interviewed the firms and Wilson Miller Barton & Peek, inc. was selected for negotiation of an agreement to provide Professional Engineering Services. The Agreement is provided for acceptance by the Board and execution by the Board Chairman. The recommended Agreement is based upon Ihe budget proposal in the April 22, 1997 BCC Agenda Item 8(C)(2) for $2,736,000. Because of limited funding the original budget developed for this park required that a number of improvements be put off until phase two construction of the projecl. However, after meeting with the area's residents it is clear that several of the items including the soccer/football field, the pedestrian/bicycle path from Naples Manor and some additional landscaping are very important components and if possible should be included in this first phase of construction. The revenue colleclions for community park impact fees were significantly higher than budgeted for FY 97-98, and would allow these amenities to be included wi:hour having a negative affect on any other budgeted project. It is recommended that this budget be expanded to provide the soccer field, a pathway connection to Naples Manor, and additional landscaping that results in a project budget of $3,135,110. These project budgets include professional engineering fees that are $18'/,200 for the base proposal and S200,100 for the expanded project. Attached is Table IA, Conceptual Opinion of Probable Costs for the base pro.~¢c~, and Tables 2A and Table 3, Conceptual Opinion of Probable Costs for the base p!us expanded pr:~ject. Professional Fees are listed in Table lB, Basic Services, and Table 2B, Additional Services. FISCAL IMPA_~_.T_L: Current funding for this project is broken up between fund (306) Parks User Fees and fund (368) Parks Impact Fees in the amounl of $2,735,600. The additional $399,$10 that -'~¥.~is being requested wilt be transferred by a budget amendment from 368 Reserves into the project as follows: Frorr,: Fund (368) Parks Impact Fees Cost Center (919010) Reserves Object Code (993000) Reserve on Capital Outlay £xecutiv¢ Summary Award Contract for South Naples Community Park Page 2 To: Fund (365) Parks Impact Fccs Cost Center (156416) Dist. 6 South Naples Project (80037) South Naples Park QRQWTH HANAG]EMENT IMPACT: The South Naples Community Park project is compatible with the County Comprehensive Plan under the Recreation and Open Space Element, B~COMMENDAT1ON: That the Board of County Commissioners approve the selection by the Selection Committee and the Agreement 97-2745 resulting fr~m negotiations with the first ranked firm Wilson Miller Barton & Peek. Inc. That ~he Board of County Commissioners previously ~pproved Phase One project for the South Naples County P,rk (April 22. 8(C)2) with a budget of $2,~36,000 be exp~nded to $3,135,000 to provide for additional park facilities ~nd In Access p~th ~o N~ples M~nor. Approve the attached necessary budget amendment. PREPARED BY: ~c~ Thomas A. Donegan, P.E., Pr~eet Manager Office of Capital Projects Management REVIEWED B V~~ ~0 1~ DATE: ~ ~ ~ ~ ~a~s~ i~ or Pa~ a,nd Recreation,Department , Steve..Carncll. Director /, Purc~is, ing D~p~nt ~' / Xdolfo X. G~nznlez, P.~ Di~or REVIEWED BY _ DATE: Ed llschncr Public Works Administrnior TA D/Ih/reviscdEXE.SUM attachments: Selection Committee Evaluation Table IA Conceptual Opinion of Probable Costs - Base Table 3 Conceptual Opinion of Probable Costs - Expanded Table 2A Additional Phase One Park Amenities Table lB Professional Services Fees Table 2B Additional Professional Service Fees Jt,~ I~O'A .,I T rd, t .o. FEB 1 7 1998 JAN ,3 0 1995 ........ O}?tbr.. tlr ._.~,~ ...... [ FEB 1 7 1998 I~.. ~ RFP #97-2745 'Engineering Services for Implmmmn~&~on of Mas~er Plan for South Naples Community P&rk~ NAME OF FIRM ~ '.'~ Ic~-~ I I I I ~:~ I Expertise of Designated S~aff 5 Points Previous Performance on Similar Jobs 4 Points Office Lccation and Responsiveness Ability %c complete on time ~ Points ~iiity to complete within budget 3 PQints TOTAL FIRST F l Pd4, SECOND FIRM ~I,RD FI,R~ Selection Committee Member's Signature FEB I ? 1998 RFP #97-2745 "Engineering Services for Implementation of Master Plan for South Naples Community Park" Approach Expar~ise of Designated Staff 5 Poin~ Previous Performance on Similar Jobs O~fice Location and Responsiveness 5 Points Ability tc complete cn time Ability tc complete wishin budge% 3 Pcinus -~/ / ~" TOTAL RANKIN~ ~IRST F~R~_ SEC ,OND FI~M T~IRD FIRM Selection Commit%ee Member' s Signature FEB s ? RFP 997-2745 "Engineering Services for Implementation of Master Plan for South Naples Community Park" --- 1 Approach Expertise cf Designated Staff Previous Performance on Similar Jobs Office Location and Responsiveness Ability us complete cn time TOTAL ~JUN'K I NG ~elec=ion ~o&m±tt~---mber' s Signa=ur~ FEB 1 7 1998 RFP #97-2745 "Engineering Se~ices for I~l~mnt&tion of Master Plan for South Naples Comm~ity Park" Approach - EXpertise cf Designated Staff Previous ~ rerfor~ce on Similar Jobs 3 ~ ~5 Office Lcca~icn and 5 Points ~iii=y ~c complete on time j 3 3 3 ~ili:y to complete within budget ~ 3 ~ 3 3 ~ .FIRST FIRM $~COND FIRM THIRD FIRM Selection Committee Member's Signature RFP #97-2745 .£ngineer£ng Services for Implementation of Mas=er Plan for Sou=h Naples Community Park" Approach Expertise o~ Designa=ed S=aff Previous Performance on Similar Jobs ~ Foin~ Office Loca[ion and 5 Points ~ poinus , Selection [om~itte~Me~r's Signature RFP #97-27%5 ,,£nginaaring Se~ices for Impl~sntation of Master Plan for South Naples Comm~ity Park" Approach 5 Points Expertise cf Designated Staff 5 Points - previous performance 4 Points - Office Location and Responsiveness 5 Points ~ili~y tc complete 3 Poi.n~$ ~ili:y to complete within budge: 3 Points .... ~OT~ Select ~ Signature FEB ~ 7 1998 I RFP #97-2745 "Engineer£ng Services for Implementation o£ Master Plan for South Approach Expertise cf Designated Staff Previous Performance on Similar Joks O~fice Loca[icn and Responsiveness ~ility cc comp!ere I ~ on time ' ~ilicy to cc~plete TOT~ / Select er's Signature FEB I ? 1998 ~. IO ~ RFP #97-2745 "Engineering Services for Implementation of ~aater Plan for South Naples Community Park" Approach 5Points ~ 5 3 .... Expertise df Designated ' Scaff Previous Ferformance on Similar Jobs Office Loca¢ion and Responsiveness 5 Pcints Ability cc complece on time Ability to complete within budget PUU~K ING ~IRST FIi~M SECOt~D FIP~M 7 /' THIRD FIRM ~~ Select~6n~ommittee Member's Signature FEB I 7 1998 RFP #97-2?45 .Engineering Services for Implementation of Master Plan for South Naples Community Park' Approach q 3,1 ~,~ J ~ S Points Exper=ise of Designated Staff ~ q 3,~ 3,5 3 ~ Points Previous Performance on Similar Jobs 3 3 3, ~ 3 3 4 poir~tS Office Lcca=ion and Responsiveness ~ P0~ncs ... ~ility tc complete ~ 3 Points Sefe~ion CommiC=ee Meter's Signahure RFP %97-2745 .Engineering Services for Implementation of Master Plan for South Naples Community Park' NAME OF FIRM Approach ~o~=. 3 3.% 3.~ Expertise of Designated Staff 5 Points Previous Performance Office Location and Responsiveness 5 Points Ability to complete on time Ability to complete w~th~ ~u~e~ 2 RANK. IN~ FIRST FIPd4 ~ECOND FIRM ?HI. RD FIRM. Selection Committee Member's Signature FEB 1 7 1998 r~. ...... 13 . Page 37 Schedule B - Attachment A Table lA Conceptual Opinion of Probable Costs Cost in dollars) ,, ~he-Related Elements $ 364,000 Earthwork $ 156,000 Drainage $ 152,000 Pavement* $ 157,000 turn Lane/Modifications to Existin~l Entrance Potable Water Distribution & Wastewater Collection $ 147,000 L.a. ndscapin~tO, $ 100,000 $ 197,000 Irri~lation Distribution S)/stem $ 66,000 Site Lighting $ 25,000 6' Asphalt Pedestrian Pathway*** Subtotal Site-Related Elements $1,364,000 Facility.Related Elements $ 406,000 Lighted Basketball Fields (2) $ 38,000 Lighted Basketball Court Site Amenities and Play Structures $ 115,000 Concession with Restrooms $ 210,000 Restroom Structure with Vending Machines $ 38,000 Picnic Area Shelters (2) $ 32,000 Subtotal Facility-Related Elements $ 839,000 ~ Subtotal"(Site-& Facility-Related Elements) $2,203,000 '-- Professional Servlco Fees $ 187,200 Permit Application Fees $ 10,000 OCPN1 Fee $ 79,000 .... Additional Professional Service .~L} rv ey i n g $ 8,700 G.-~tech nicaI $ 4,800 .. $ 2,500 Reimbursables Subtotal $2,495,500 · 10% Contingency $ 240,420 ,. $2,735,920 j Total ..... * Includes minimum sidewalk to serwce facilities. '* Landscaping meets only Collier County Code minimum requirements along with seed and mulch in open space areas. I ~o.~ "* Total cost for Pedestrian Pathways = $50,000. Costs to be matched by grant. ~'[B 7 1998 ~. '+ .... , Page 39 SCHEDLE B - ATTACHMENT A TABLE 3 Conceptual Opinion of Probable Coat~ Cost lin dollan,/ Site-Related Elements Earthwork $ 361,'000 Drainage $ 156,000 Pavement* ... $ 152,000 Turn Lane/Modifications to Existing; Entrance $ 157,000 Potable Water Distribution & Wastewater Collection S)/stem $ 147,000 Landscaping *' $ 238,000 Irrigation Distribution System $ 197,000 Site Lig,hting, $ 66,000 6' Asphalt Pedestrian Pathwa), °** $ 25,000 8' Asphalt Access path to Naples Manor .--. $ 25,000 Subtotal Site-Related Elements $1,524,000 _FacilitT-Related Elements _ Ligh, ted Baseball Fields (2) $ 406,000 Lighted Basketball Court $ 38,000 Site Amenities and Play Structures $ 115,000 Concession with Restrooms $ 210,000 ~_ Restroom Structure with Vending] Machines $ 38,000 ~_ Picnic Area Shelters (2) $ 32,000 Lighte. d Soccer F!eld $ 125,000 Soccer Field (Not Lighted) $ 65,000 _. Subtotal Faclllb/-Related Elements $1,029,000 ~ubtotal (Site-& Facility-Related Elements) $2,553,000 ...p-rofessional Service Fees ' $ 200,100 ~ Per..mit Application Fees $ 10,000 .... OCPM Fee $ 79,000 - ~ _ Additional Professional ServiCe Feea Surveying $ 8,700 ....... ~'o~ec h r~ic'ai $ 4,800 .... Reimb'~rsables $ 2,500 Subtotal $2,858,100 h--- 1,0°/,~, ,, C 0'nti n g ·ncy $ 277,010 [, Total $3,135,110 lum to service facilities. D '* Landscaping includes entry treatments, shade and character plantings in park use and ,~ ,,, open space areas, and sodding in open space areas. .0. "* Total cost for Pedestrian Pathways = $50,000. Costs to be matched by grant. - - .... Total cost for ~J' path to Naples Manor = $50,000. Costs to be matched by grant. FEB 1 7 1998 Page 38 TABLE 2A ADDITIONAL PHASE ONE PARK AMENITIES Cost 'in dollars Site-Related Elements 8' Asp. h..alt Access Path to Naples Manor '**' $ 25,000 _Lan. dscapin~ $138,000 Subtotal Site-Related Element~ $163,000 ',Facility-Related Elements Lighted Soccer Field $125,000 Soccer Field (Not Lighted) $ 65,000 Subtotal Factlit)f-Related Element~ $190,000 .... Subtotal (Site-& Facility-Related Element~) $353,000 Professional Service Fees $ 12,900 Subtotal $365,900 .... 10% Contingency $ 36,590 Total $402,490 *'** Total cost for 8' path to Naples Manor = $50,000. Costs to be matched by grant. Page 36 SCHEDULE B - AT'I'ACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES Table 1B Professional Service Fees Planning & SCOPE OF SERVICES Civil Architect Landscape Electrical TOTAL Master Plan Refinement $ 5,000 $ 4,700 $ 4,400 $ 500 $ 14,600 Preliminary Desi~)n $10,600 $ 7,800 $ 7,500 $ 3,700 $ 29,600 Final Design, Construction Documents & Permitting $57,200 $14,500 $15,200 $11,200 $ 98,100 Biddi%l Assistance $ 2,000 $ 1,500 $ 1,000 $ 500 $ 5,000 Construction Phase Services $ 8,000 $ 4,100 $ 2,200 $ 900 $ 15,200 Observation of Construction $12,000 $ 6,000 $ 3,300 $ 1,400 $ 22,700 Subtotal $94,800 $38,600 $33,600 $18,200 $185,200 Table 2B Additional Professional Service Fees The following are the additional Professional Service Fees for the design and permitting of one lighted soccer Ofield, one soccer field without lights, and 8' asphalt access path to Naples Manor, and additional landscaping. The Professiona[ Service Fees only apply if these additional services are performed concurrently with the basic scope of services in the contract. ' Planning & SCOPE OF SERVICES Civil Architect Landscape Electrical TOTAL Master Plan Refinement $ 0 $ 0 $ 0 $ 0 $ 0 ",preliminarY Design $ 0 $ 0 $ 0 $ 0 $ 0 Final Design, Construction Documents & Permitting $ 5,000 $ 0 $1,000 $3,000 $ 9,000 Bidding Assistance $ 0 $ 0 $ 0 $ 0 $ 0 Construction ~ase Services $ 800 $ 0 $ 460 $ 300 $1,560 Observation of Construction $ 1,200 $ 0 $ 840 $ 300 $ 2,340 -- Subtotal $ 7,000 $ 0 $ 2,300 $3,600 $12,900 FEB 1 7 1998 ,.~._ /7 _ EXECUTIVE SUMMARY ODIRECT STAFF TO FORWARD TO THE BAYSHORE MSTU COMMITTEE A PROPOSAL TO INCLUDE THE ACQUISITION AND DEVELOPMENT OF LAND FOR A NEIGHBORHOOD PARK AS PART OF THE PROPOSED IMPROVEMENT PROJECT. Objective: That the Board of County Commissioners allow the MSTU committee to decide if they want to include the acquisition and development of 2.67 acres of land in East Naples to be utilized as a neighborhood park funded by a future local MSTU. Consideration: Mr. Dale Chlumsky recently offered to donate two parcels located off Bayshore Drive in East Naples to be utilized as a possible park. The land consists of approximately an acre of land and a 1.5 acre man-made lake. The lake offers recreational value as it contains a variety of fish species. The land is already cleared with the exception of exotics immediately surrounding the lake and would therefore be available for any number of recreational activities including a passive park or botanical garden. (See enclosed photographs.) Staff estimates a one acre passive neighborhood park would cost slightly over $160,000 to construct and would include a playground, shelters, landscape with irrigation, picnic tables, removal of exotics, and a dock extending into the lake for fishing. The park would cost an additional $17,000 annually lo maintain. These fees are not budgeted in Fiscal Year 1998. On June 24, 1997, the Board adopted the "Creation of Neighborhood Parks" policy. This policy allows communities to fund the construction and operation of their neighborhood park through a Municipal Service Taxing District. Currently citizens of the Eas~ Naples community are interested in creating a passive park or botanical garden on said lot utilizing a MSTD connected to their impending parkway beautification taxing district. Should the Bayshore MSTU committee Odetermine that it wants to include the neighborhood park as of the MSTU, it will be included pan simply in the final documents that would be brought to the County Commission for final approval. A "Lim ired" Phase I Environmental Audit found no objection to the acquisition of the property with two stipulations: 1. The County be given adequate indemnification that it will be"held harmless" for contamination ~'hich ma), have occurred prior to the County's acquisition of the site; and 2. Tha~ the CounLv not be restricted in its use or if necessary disposition of the property in manor deemed to be in the best interests ofthe County. Fiscal Impact: If the MSTU committee recommends to acquire and develop the land and the Board approves, any cost incurred by the Country will be reimbursed by the MSTU. Growth Management: The 2.67 acre park site would be added to the Collier County inventory ifthe land is acquired. Recommendation: That the Board of CounD' Commissioners forward a proposal to the Bayshore MSTU committee to cons/der the acquisition and development ora 2.67 acres of'land in East Naples, with audit stipulations, to be utilized as a neighborhood park funded bra future local MSTD. John ~nnuck. Operations Coordinator DeparYment of Parks and Recreation FEB 1 7 1998 CHLUMSKY BAYSHORE LAND VIEWS OF THE TWO PARCELS VIEWS OF THE 1.5 ACRE LAKE FEB 1 '~ ~,oq~ .... NO .. APPROVAL AND EXECUTION FOR SATISFACTIONS OF CLAIM OF LIENS FOR WATER AND/OR SEWER SYSTEM IMPACT FEES OBJECTIVE: Recommendation that the Board acknowledges full payment and executes the Satisfactions of Claim of Liens. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Flodda, recorded the Claim of Liens in the Off, ce of the Clerk of the Circuit Court of Collier County, Florida. 1.) Amblewood Condo Association, securing the principal balance of $2240.00 plus accrued interest and penalties. 2.) James J. Gruszka and Mary Gruszka, securing the principal balance of $1340.00 plus accrued interest and penalties. 3.) Janis Stoneburner Hudson, Judith A. Bice and David Stoneburner, securing the principal balance of $3920.00 plus accrued interest and penalties. 4.) Progeny Corporation, securing the principal balance of $1340.00 plus accrued interest and penalties, 5.) Thomas & Jeanne Riordan, securing the principal balance of $1340.00 plus accrued interest and penalties, Full payment and satisfaction of these liens have been made. The County Attorney's Office has reviewed and approved the Satisfactions of Claim of Liens. FISCAL IMPACT: Payment in full of these Claim of Liens increases the cash flow in the County's sewer impact fee fund by $9280.00. (Account No. 413-263611-343560) This will also increase the County's Water impact fee fund by $900.00. (Account No.411-273511- 343360) GROWTH MANAGEMENT: None R E C OM M E N DATION: Recommendation to acknowledge full payment and the satisfaction of these liens and to surrender the same canceled, and to direct the Clerk of the Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfactions of Claim of Liens. G~- Mo[:¢'~C-o, ~,ccounting Technician Department of Revenu~,,, R e viewed b Y: ' -~~'""¢' ~-'-~' ~"J~~ -~/'~ Date: John~Yonkosky, Direc'~pr j De~a..~ment of Rev~nt~e ...._ Z.P _/~ /~, L__.., .Approved bT: ~'-¢'~ [--~" "'--/.---'-"'~ Date: Leo Ochs Jr., Admir~'~rator Support Services ~ FEB I 7 1998 APPROVAL AND EXECUTION OF SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES ~: Recommendation that the Board of County Commissioners acknowledge full payment and execute the Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees (Agreement) executed by: 1. Marilyn G. Ball, securing the principal balance of $1260.05 plus accrued interest. 2. Rafael Barajas and Lillie Doria, securing the principal balance of $1340.G0 for sewer and $900 for water impact fees plus accrued interest. 3. Eleanor N. Billups and James T. Billups securing the principal balance of $1500.30 plus accrued interest. 4. Abel Carmona and Vellad Buchanan securing the principal balance of $1500.75 plus accrued interest. 5. Christopher Neal and Nancy Ann Neal securing the principal balance of $1500.30 plus accrued interest. 6. Donald M. Cotterhill securing the principal balance of $1500.75 plus accrued interest. 7. Donald and Joyce Chesser securing the principal balance of $3350.00 plus accrued interest. 8. Gary W. Douglas and Karen R. Douglas securing the principal balance of $1500.75 plus accrb'ed interest. 9. Wiiliam D. Collins Jr, Trustee and William D. Collins III, as Trustee of the Felix Learch family trust securing the principal balance of $1500.75 plus accrued interest. 10. Joanna Flashman securing the principal balance of $1500.75 plus accrued interest. 11.Jose E. Franco and Candice F. Franco securing the principal balance of $1500.30 plus accrued interest. 12.G.F. Enterprises securing the principal balance of $2225.00 water and $3350.00 sewer impact fees plus accrued interest. 'I 3. Geor9r R. and Beatrice M. Thomas and Gaetano and Janice B. Allegretta securing the principal balance of $3466.70 plus accrued interest. 14. Stone Building Corp. securing the balance of $1500.75 plus accrued interest. 15.Edward L. and Linda G. Griffin securing the balance of $1500.75 plus accrued interest. 16. Isabel M. Harris securing the principal balance of $1340.00 plus accrued interest. interest. 17 Gladvs Harstock securing the principal balance of $1500.30 plus accrued~ .o. '_ L.?_ .... _'_ -' I 18. Bernard and Pearl Hody securing the principal balance of $1259.66 plus accrued interest. 19.J.D. Horn and Janet E. Horn secudng the principal balance of $1500.75 plus accrued interest. 20.Arthur W. and Glenda D. Kelly secudng the principal balance of $1340.00 plus accrued interest. 21.Lamar Langford and Linda C. Langford securing the principal balance of $1260.05 plus accrued interest. 22. William A. Levefick and Dorothy Levedck secudng the principal balance of $2363.90 plus accrued interest. 23. Debbie Ann Leib securing the principal balance of $1465.00 plus accrued interest. 24. Lois M. Lombardi securing the principal balance of $1500.30 plus accrued interest. 25.John Charles McCandless securing the principal balance of $1500.30 plus accrued interest. 26. Robert J. McGee and Judith Lee Pepe securing the principal balance of $1500.75 plus accrued interest. 27,F. Josephine Parker securing the principal balance of $1259.66 plus accrued interest. 28. Herbert C. Pohlman securing the principal balance of $17222.93 plus accrued interest. 29. Roland A. Powell and Linnette M. Powell secudng the principal balance of $2845.65 plus accrued interest. 30.W~lliam Rivera Sr. And Leida Jeanette Rivera securing the principal balance of $1259.66 plus accrued interest. 31. Rola~d F. Putman and Irene E. Cole securing the principal balance of $1259.66 plus accrued interest. 32, Stone Building Corp. and Carlos Rodriquez and Mada A. Rodriquez securing the principal balance of $1500.75 plus accrued interest. 33. Luis Santos securing the principal balance of $1500.30 plus accrued interest. 34. Rapt~ael Santos a~d Delia Santos securing the principal balance of $1668.21 plus accrued interest. 35. Suzanne Secula securing the principal balance of $1741.26 plus accrued interest. 36. Richard J. Simecek secudng the principal balance of $1260.05 plus accrued interest. 37. Sharon Spector securing the principal balance of $1500.75 plus accrued interest. 38.Timothy L. Stamm and Tanya M. Stamm securing the principal balance of $1500.75 plus ,qccrued interest. 39. Bobby G. Stinson and Barbara A. Stinson securing the principal balance of $1260.05 plL~s interest. 40. Noel B. Summer and Mary Ellen Summer and Thomas Zenz securing the principal balar,ce of $2363.90 plus interest. 41. John R. Theriault securing the principal balance of $1500.30 plus interest. 42.W.W. W~lliams Company securing the principal balance of $900.00 for_water and $13,~0.00 for sewer impact fees plus interest. FEB 1 1998 2 43.Walter N. Spoerleln, Trustee secudng the principal balance of $7840.00 plus interest. 44. Lynn Whisenhunt and Margaret J. Whisenhunt securing the principal balance of $1500.30 plus interest. 45. Roy Whisnand and Jane Whisnand as Trustees of Land Mark Management Company Inc. securing the principal balance of $31360.00 plus interest. 46. Shirley A. Woods securing the principal balance of $7840.00 plus interest. 47. Russell Wray securing the principal balance of $1500.30 plus interest. 48.Walter B. Young and Cathy L. Young securing the principal balance of $1500.75 plus interest. Full payment and satisfactions of t~.use agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Payment in full of these Agreements increases the cash flow in the County's water impact fee fund by $4,025.00 (Account No. 411-273511-343336) and the sewer impact fee fund by $136, 829.14. Account No.(413-263611-343560) GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Recommendation to acknowledge full payment and the satisfactions of these agreements and to surrender the same canceled, and to direct the Clerk of Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees. Prepared by: .~.~~'~._//~-~~"CC~-~ Date: ~--/.~/~u~' Gary M(~cc~, Accounting Technician Department of Revenue Rev ie we d b y.. ~'~,,~, ~k~,jx~.~~ Date: Joh~ Yonkosky, _D~ector Dep~artment of'R~venue J Approved by: ~~g'~_ c"-~"~ Date: Leo Ochs Jr., Ad,piti'. ' Support Servicers/" EXECUTIVE SUMMARY AWARD A CONTRACT FOR THE COUN'I¥S PRE. EMPLOYMENT PHYSICAL AND DRUG TESTING PROGRAM (9%2675). Q.13_~~: For the Board of' County Commissioners to award the referenced contract and authorize an agreement with the top-ranked firm, Community Health Partners, a.s the provider for the Counts pre-employment physical and drug testing program. ~ONSIDERATIONS: The Collier County Public Health Unit currently provides pre- employment physical examinations and wellness examinations for County employees. DSI Laboratories currently provides drug testing for County employees. The County has no contract with either entity. As a result of changes in the Health Unit and to meet the needs of the County's hiring processes, it was determined that the County would go out to bid in the local market to identify providers that could perform services that better suit the County's needs. Eight vendors were contacted to submit proposals. Three proposals were received. A staff selection committee made up of representatives from the Human Resources, Risk Management and Purchasing Departments has reviewed the proposals received, interviewed each res~..ondent and ranked each of the submitted proposals. Based on the criteria published in the RFP, the Committee unanimously rated Community Health Partners highest. Community Health Partners was ranked first for several reasons including the fact that its medical staff has superior relevant experience, it offers far more service locations than the competing firms, its drug-testing fee is included in the fee for each physical, and its superior pro-active case management capabilities. Accordingly, the Comnfittee recommends selection of Community Health Partners and that staff be authorized to negotiate a formal agreement with the recommended firm. The agreement will be initially for a two-year period with subsequent options to renew of up to two additional one-year periods. QROW'I.-H MA~NAGEMEN'T I3~A(2 I~: None. F~_ IMPACT: The estimated annual cost is based upon the categories listed below (wi'fief',. were reflected in the RFP): ~ Estimated Annual Cost ?re-Employment Physicals/Drug Tests (200 6511 $) $23,000 Annual Reassessments (160 (~ 5;55) 8,800 Random Drug Tests (,~0 (~ :$15) 600 ~cohol Tests (20 @ $25) 500 Audiometric Tests (50 ~ No charge) 0 Pulmonary Function (Spirometry) Tests (ltl0 (~ No charge) 0 [ no.~ Hepatitis B/HIV Tests (50 (~ $90) 4,500 Rabies Vaccinations (lO (~ $213) 2,130 [ FEB 17 1998 L. Pg. / Funds are budgeted under 001.121510-631230, Human Resources Operating budget, and the various departmental budgets, where appropriate. g.ECOMMENDATION: It is recommended that the Board approve the sglcction of Community Health Partners and authorize staff to negotiate a two-year contract for the chairman's signature subject to the approval of the County Attorney's Office as to legal KnObl¢!'Mafialich, S~ior H~man Resources Y r,a= vm-,:,-, ,-,-. ~{-e~ 5~dwar~d,s~',uman Resources Oirector 1968 APPROVAL OF BUDGET AMENDMENTS BCC A_~enda of 2110/98 Tourist Development 60% Fund (195) Budget Amendment 98-133 Wiggins Pass Inlet Manaaemem. Proiec! 80226 Capital Out~ay ($15,000} Fer~nal Service~ $15,000 0 Total Fund~ a~e neec~ to obtain the ~.v~ce~ of temporary ~~ to perform tuftfid~ ~ for contract No. 9'~-2629, South Cl~anne! & Wa~e~ Tu~~ FEB 1 7 1998 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE FEBRUARY 17, 1998 [:OR BQAKD ACTION: 1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisft.~don of Lien for Services of the Public Defender for Case Nos.: $9.992-IT, 91-282-MI, 92-2005- MI, 89-964-MMA/$9-1142,-MMA, 90-156~-MMA, 87-3119-TM, 88-138-TMJgS-139- TM, 884756-TMC, 90-3069-TM, 91-6391-TM/91-6460-TM, 90-5099-TM, 91-1852- TM. 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 3. Minutes: A. Naples Airport Noise Compatibility Committee - minutes of December 18, 1997, agenda for January 29, 1998. Minutes of Naples Airport Noise Compatibility Committee - Public Relations Sub-Committee - Decem~ 1 g, 1997 and January 15, 1998. 4. ~_ther O A. Letter from Michael A. Welsh, Controller, distribution of Current Ad Valorem Tax and Non-Ad Valorem Assessment to BCC after Tax Collector's commissions. Distribution recap showing year to date totals of taxes collected net of di,scount for 1993, 1994, 1995, 1996 and 1997. Referred to BCC. EXECUTIVE SUMMARY APPROVAL OF COURT SERVICES (20"' JUDICIAL CIRCUIT) INVOICES , OBJECTIVE: BCC approval of Court Services (20'~ Judicial Circuit) invoices. CONSIDERATIONS: As part of the adopted budget, the Board of County Commissioners approved a transfer of $3,089,200 to the 20a Judicial Circuit. This transfer i~ in accordan~ with the existing agreement between the Board of County Commissioners and the 20~' Judicial Circuit for the provision of court services in Collier County. However, the Collier County Clerk of Courts has expressed concerns that the present arrangement does not allow his office to perform properly its pre and post audit functions, since there is only a monthly lump sum payment to the 20'~ Judicial Circuit. The Clerk has also questioned whether the Board can delegate spending authority legally to another entity (Court Administration and the 20~' Judicial Circuit) for discretionary spending powers that reside with the Board of County Commissioners. As a res'alt of these concerns, invoices for court services in Collier County have not been processed for payment by the Clerk &the Circuit Court. Attached to this Executive Summary is a list of invoices totaling $121,496.11. Payroll checks for employees of the 20'~ Judicial Circuit covered under the existing agreement with Collier County continue to be issued. The Chief Judge of the 20"' Judicial Circuit filed a petition for a writ &mandamus requiring the Clerk of the Circuit Court to pay the outstanding bills immediately. The Second District Court of Appeals was determined to be the judicial body with the appropriate jurisdiction to rule on this matter. On December 19, 1997 the Second District Court of Appeals denied the Chief Judge's petition for a writ of mandamus. However, the Court's ruling was silent on the legality &the contract between the Board of County Commissioners and the 20~' Judicial Circuit. Payment of the attached invoices will provide staff'with additional time to resolve the concerns raised by the Clerk. Attorneys for the affected parties are negotiating currently in an effort to develop a long-term solution. GROWTH MANAGEtvfENT IMPACT: None. FISCAL ltVtPACT: The total amount ofoutstanding invoices to be paid is $121,496.11 from the budgeted $3,089,200 transfer appropriation to the 20* Judicial Circuit. RECOMZflENDATION: That the Board of County Commissioners. 1) approve the attached list &outstanding invoices Michael Smykowski, OMB Director 'Feb~~ Approved By: Dar FEB 17 1998 Robert F. Fernandez, County Administrator ~__~-~--, _,,-~-=-__ - As of February 3, 1998 Invoice Date Invoice Date Vendor Date Racei~d Amount Vendor Date Received Amount A~rlouch Paging 1-Jan-98 22-Jan-98 $ 19.17 Board of Counly Corem g-Jan-98 29-Jan-98 $ 274.92 ~rlouch Paging 1-Jan-98 29..Jan-98 $ 15.07 Buf'zy~klLawOi'flce 8-Jan..98 29-Jan-g8 $ 1.100.00 Alan ProductJons 13-Nov-97 3-Feb-98 $ 75.00 Cellular One 19-Nov-97 7-Jan-98 $ 7.15 Alan Product~ns &-Dec-g7 28-Jan-98 $ 150.00 Cellular One 3-Dec-97 7-Jan-98 $ 40.05 Alan Product~ons 9-Jan-g8 3.-Feb-g8 $ 150.00 CellularOfle 19.-Dec-97 29-Jan-98 $ 12.49 Alb, erto Vamta CND 14-Jan-g8 $ 5.00 CeflularO~e 3-Jan-98 29.-Jan-98 S 27.40 Alex J. Dupuy 23-Jan.98 30-Jan-98 $ 32.50 CharieaKn:)utJr CND 14-Jan-98 $ 5,72 AJpha Omega 30-Oct-97 6-Jan-98 $ 60.54 Charles R. Crews 12-Jan-98 22-Jan-98 $ 269.00 Alpha Omega 25-Nov-97 6.-Jan-98 $ 79.50 ChariesT. Rice 12-Jan-98 22-Jan-98 $ 281.00 Alpha Ome~.a 2-Dec-97 6-Jan-98 $ 49.52 Collier County Bar Assoc 4-Dec-97 12-Jan-98 $ 27.75 Alpha Omega 2-Jan-98 29-Jan-98 $ 48.26 CuffiganWater 25-Dec-97 22-Jan-98 $ 2.47 Alpha Omega 2-Jan-98 22-Jan-98 $ 72.83 Culligan Water 2.5.Dec-97 22-Jan-98 $ 9,88 Arsene Majuste 30-Oct.97 13-Jan-98 $ 13.00 I CulltganWater 25.-Dec.-97 22-Jan-98 $ 40.86 Arsene Majus~e 10.Dec-97 6-Jan-98 $ 26.00 District 20 Mad Examiner 12-Se~97 3-Feb-98 $ 375.00 Arsene Majuste 11-Dec-97 6-Jan-98 S 65.00 District 20 Mad Examiner 12-Sep-97 3-Feb-98 $ 250.00 Arsene Majuste 12-Dec-g7 6-Jan-98 $ 39.00 District 20 Mad Examiner 21-Oc1-97 3-Feb-g8 S 125.00 Arsene Majuste 16-Dec-97 6-Jan.g8 $ 45.50 District20 MedExaminer 9-Dec-g7 3-Feb-g8 $ 125.00 Arsene Majuste 19-Dec-97 9-Jan.98 $ 45.50 Distrlct Court of Appeals 11-Dec-97 7-Jan-98 $ 250.00 Arsene Majuste 22-Dec-g7 21-Jan-g8 $ 52.00 Dis~ctCourtofApl:)eals 30-Dec-97 29.-Jan-98 $ 250.00 Arsene Majuste 24-Dec-g7 9-Jan-98 $ 32.50 District CourtofAppeals 31-Dec-97 16..Jan-98 $ 250.00 Arsene Majuste 2g-Dec.97 16-Jan-98 $ 58,50 DistrlctCou~lofAppeals 2-Jan-98 16-Jan-98 $ 250.00 Arsene Majuste 31-Dec-97 6-Jan-g8 $ 45,50 Dwtght E. Brock 11-Dec-97 6-Jan-98 $ 126.00 Arsene Majuste 5-Jan.g8 6-Jan-g8 $ 52,00 Dwight E. Brock 12-Dec-97 6-Jan-98 $ 285.00 Arsene Majuste 6-Jan-98 6-Jan-98 $ 58.50 DwtghlE. Brock 16-Dec-97 12-Jan-98 $ 9,957.00 Ars(me Majuste 8-Jan-98 16-Jan-98 $ 32.50 DwightE. Brock 16-Dec-97 12-Jan.98 $ 6,316.00 Arsene Majuste g-Jan-g8 16-Jan.98 $ 52.00 DwfghlE. Brock 16-Dec-97 12-Jan-98 $ 7.880.00 Arsene Majuste 12-Jan-98 21-Jan-98 $ 32.50 DwightE. Brock 16-Dec-g7 6-Jan*98 $ Arsene Majust~ 13-Jan-98 21-Jan-98 $ 45.50 Dwight E. Broc~ 16-Dec-97 6-.Jan-98 $ 66.00 Arsene Majuste 14-Jan-98 21-Jan-98 $ 52.00 Dwtght E. Brock 24.Dec-97 12-Jan.98 $ 207.00 Arsene Majuste 15-Jan-98 21.Jan-98 $ 32.50 Dwight E. Brock 31.Dec-97 16,-Jan-98 $ 41.00 Arsene Majuste 16-Jan-98 21.Jan-g8 $ 71,50 DwightE. Brock 5..Jan-98 29-Jan-98 $ 55.00 Arsene Majuste 20-Jan-g8 22-Jan.98 $ 45.50 Dwighl E. Broc~ 7-Jan-98 29-Jan-98 $ 225.00 Arsene l'4ajuste 26-Jan-98 30-Jan-g8 $ 26.00 DwighlE. Bro~ 7-Jan-.98 29.-Jan-98 $ 250.00 AT & T 27-Nov-97 7-Jan-98 $ 10.12 Dwight E. Brock 8-Jan-98 29..Jan.98 $ 1,690.00 AT & T 12-Dec-97 12-Jan-98 $ 13.04 Dwigh! E. Brock 8-Jan-98 29-Jan.98 $ 7,525.00 AT & T 13.Dec-97 12-Jan-98 $ 19.84 Dwight E. Brock 8-Jan-g8 29-Jan-98 $ 4,210.00 AT & T 18-Dec-97 22.Jan-98 $ 5.12 'Dwight E, Brock 8-Jan-98 29-Jan.98 $ 600,00 AT & T 18-Dec-97 22-Jan-98 $ 5.13 DwightE. Brock 9-Jan-98 29-Jan-98 $ 128.00 AT & T 21-Dec-97 22-Jan-g8 $ 5,13 Elsie Gonzaiez 11.Nov.97 13-Jan-98 $ 26.00 :AT & T 25-Dec-97 2g-Jan-98 $ 5.13 Elsie Gonzaiez 19-Nov*97 13-Jan-98 $ 13.00 AT & T 27-Dec-97 28-Jan.97 $ 5.13 Elsie Gonzalsz 9-.Dec-g7 7-Jan-98 $ 32.50 Board ol County Comm 30-NOv-97 7-Jan-g8 $ 177.50 Elsie Gonzalez 9-Dec-g7 3-Fab. g8 $ 26.00 Boaro of Coun.~.,, Corem 30-Nov.g7 7-Jan-98 $ 177.50 Elsie C-.-.-.-.-.-.-.-.-~3~zaiez 12-Dec-97 6-Jan-98 $ 26.00 Board of Coumy Corem 9-Dec-97 7-Jan-98 $ 2,016.00 Elsie Gonzaiez 17-Dec-97 6.-Jan-98 $ 26,00 Board of County Comrn 9-Dec-97 6-.Jan-98 $ 7,056,00 Elsie Gonzaiez 18-Dec-97 ~-Jan-98 $ 65.00 Board of County Corem 9-Dec-97 7-Jan-98 $ 924.00 Elsie Gonzalez 19-Dec..97 9-Jan-98 $ 52.00 Board of County Corem 16-Dec-97 7-Jan-98 $ 6,967,62 Elsie Gonzalez 22-Dec.97 9..Jan-98 $ 52.00 Board of County Corem 18-Dec-97 6-Jan-98 $ 8,828.11 Elsie ~iez 24-Dec-97 9-Jan-98 $ 45.50 !Board of Count~ Comm 31-Dec-97 2g-Jan-98 $ 721.10 Elsie Gonzaiez 29-Dec-97 9-Jan-98 $ 71.50 Boar~ o! County Corem 6-Jan-98 29-Jan-98 $ 416.95 Elsie Goflzaiez ,.~u''lJe~-JAa,,.'A~ ~, '" 58.50 Board of Counb~, Comm 6-Jan-98 29-Jan-98 $ 130.20 Elsie Gonzaiez 31.~ENI~.r~.~t~_~_? 78.00 Board of Count,, Corem 6-Jan-g8 2g-Jan-g8 S 7,028.23 Elsie Gonzal~z 5.J~-~p4I~.~ewt~-..~ 100.75 Board of County Comm 6-Jan-98 22-Jan-98 S 125,21 Elsie Gonzalez 6-Jan-98 16-Jan-98 $ 26.00 FEB 17 1998 Invoice Date Invoice Date Vendor Date Received Amount Vendor Date Received Amm~nt ~ Elsie Gonzalez 12-Jan-98 16-Jan.98 $ 91.00 Julia V. DeLeon 12-Dec-97 6-Jan-98 $ ~ Elsie Gcx~zaJez 16-Jan-98 21-Jan-98 $ 78,00 Julia V. DeLeon 15-Dec-97 6-Jam98 $ 26.00 Elsie Gonzalez 20-Jan-g8 23-Jan-98 $ 52.00 Julia V. Del. eon 19-Dec-97 9-Jan-98 $ 26.00 Elsie Gonzalez 23-Jan-98 30-Jan-98 $ 65.00 JuflaV. DeLeon 16-Jan-98 21-Jan-98 $ 78.00 Etsie Gc, nzalez 26-Jan-98 30-Jan-98 $ 84.50 JufiaV. DeLeo~ 23..Jan-98 30-Jan-98 $ 26.00 EIvira V. Wheeler 12-Dec,-97 6-Jan-98 $ 45.50 Karen S. Beavin g-Dec-g7 14-Jan-98 S 310.00 Elvira V. Whee~er 19-Dec-97 9-Jan-98 $ 65.00 Leon A. Kceter 14-Jan-98 21-Jan-98 $ 26.00 Eivira V. W1heeler 24-Dec-g7 9-Jan-g8 $ 39.00 M. Antonla V. An(tis Bayer 19-Dec-97 g-Jan-98 $ 45.50 Etvira V. W?',eeler 6.-Jan-98 16-Jan-98 $ 110.50 M. Antortla V. Andi$ Bayer 23-Jam-98 30-Jan-98 S 26.00 Elvira V. Wheeler 16-Jan-98 21-Jan.98 $ 84.50 MacMillan Buchanan 2-Dec-97 22-Jan-98 $ 472.50 Elvira V. Wheeler 20-Jan-g8 30-Jan-98 $ 87.75 Marco Office Supply 4.Nov-97 7-Jan-98 $ 217.24 Elvira V. Wheeler 22-Jan-98 30-Jan.98 $ 39.00 Marco Office Supply 19-Nov-97 7..Jan-98 $ 110,52 Elvira V. Whee. ler 23-Jan-98 30-Jan-g8 $ 48.75 Marco Office Supply 20.Nov-97 7-,Jan-98 S 22.68 EIvira V. Wheeler 26-Jan-98 30-Jan-98 $ 58.50 Marco offceSuppty 24-Nov-97 7-Jan-98 $ 31.14 Edc R, Hausler 17-Dec.97 9-Jan-98 $ 26.00 Marco offceSupply 25-Nov.97 7-Jan-98 $ 7.56 Faemer, Cliff, et al 9-Jan-98 29-Jan-98 $ 6,033.33 Marco Office Supply 14-Dec.97 7-Jan-98 $ ~4.12 Federal Express 5-Dec-97 6-Jan-98 $ 14.00 Marco Office Supply 14-Dec-97 7-Jan-98 $ 7.43 Federal Express 12-Dec-97 12-Jan.98 $ 18.00 Marco offceSupply 19-Dec-97 12.Jan-98 $ 122.82 Federal Express 19-Dec-97 22-Jan-98 $ 18.40 Marco offceSupply 19-Dec-97 12-Jam98 $ 159.00 FeCeral Expres,, 3-Jan-98 29-Jan-98 $ 25,00 Marco offceSupply 19-Dec-g7 12-Jan-98 $ 183.89 Federal Express 10-Jan-g8 29-Jan-98 $ 77,38 Marco Office Supply 19-Dec-97 12-Jan-68 $ 250.03 Francis Hac~ett CND 14-Jan.98 $ 5.72 Marco Offce Supply 23-Dec-97 22-Jan-98 $ 4.68 George R. Otobinski 12.Jan.98 22-Jan-98 $ 269.00 Marco Office Supply 23-Dec-97 22.Jam98 $ 118.38 Gina L. Dake l 1-Dec-g7 22-Jan-98 $ 21.75 Marco Office Supply 27-Dec-g7 7-Jan-98 $ (2.37) Gregory. Courl Reporting 31-May.97 3-Feb-98 S 59.00 Marco Office Sul:~:dy 27.Dec-97 7.Jan-g8 $ (6.64) !Gre;ory Court Reporting 5.Nov-97 3-Feb-98 $ 217.50 Marco Office Supply 8-Jan-98 29-Jan-98 $ 310.13 Gre;~cry Court Repo,ling 5-Nov-97 3-Feb-98 $ 218.50 Marco Office Supply 8-Jan.98 29-Jan-98 $ 7J [Gregory Court RepoSing 5-Nov.97 3-Feb-98 $ 107.50 Marco Office Supply 12.Jan.98 29-Jan-98 $ IGreQory Court Re;offing 6-Hov-97 3-Feb. 98 $ 205.50 Marco Office Suit)ply 13-Jan.98 29-Jan-68 $ 342.46 Gregory Cou,1 Reporting 14.Nov.97 3-Feb-98 $ 22.50 Marco Office Supply 15-Jan-98 29-Jan-98 $ 25.48 Gregory Court Repo,'ling 14.Nov.97 3-Feb-98 $ 95.50 Marco Office Supply 15..Jan.98 29-Jan-g8 $ 213.00 Gregory Court Reporting 3-Dec.97 14-Jan.98 $ 21.00 Maria G. Delashmen! 20-Jan-98 29-Jan-98 $ 56.00 Gregory Court Reporting 5-Dec-97 14-Jan-98 $ 14.44 Maria G. Delashmlt 2-Dec-97 13-Jan-.98 $ 32.00 Gregory Court Reporting 5-Dec-97 3-Feb-98 $ 94.44 Maria G. Delashmlt 9-Dec. g7 7-Ja~68 $ 50.00 Gregory Court Reporling 11-Dec-97 14-Jan-98 $ 108,00 Maria G. Delashmi! 11-Dec,-97 7.Jan-98 $ 32.00 Gregory Court Reporting 11.Dec. 97 3-Feb-98 $ 651.75 Maria G. Delashmil 12.Dec-97 7-Jan-98 $ 72.00 Gre§cry ~oy Turner CND 14-Jan-98 $ 6.92 Made G, Delashmt! 15-Dec.97 7-Jan-98 $ 64.00 HarcIc~ Adler CND 14-Jan-98 $ 5.84 Maria G. Delashmit 16-Dec-97 7-Jan-98 $ 56.00 h~ector Carderror~ 13-Jan-98 28.-Jan-98 $ 59,16 Maria G. Delashmit 19-Dec-97 ~-Jan-98 $ 104,00 IKO~ O~ce Sotutions 2.5-Nov-97 22-Jan-98 $ 78.50 Made G. Delashmlt 24-Dec-97 9-Jan-98 $ 40.00 IKOh~ Office Solutions 17-Dec-97 12.Jan-98 $ 1,768.95 Maria G. Delashmit 29-Dec-g7 16-Jan-98 $ 88.00 IKON Of'rice Solutions 6-Jan-98 29--Jan-98 $ 88.40 Maria G. Delashmlt 31-Dec-97 16-Jan-98 $ 48.00 IKON Solu'Jon~ 24-~',tov-,97 7-Jan-98 $ 125.00 Maria G. Delashmit 31.Dec.97 16-Jan-98 $ 40.00 James D. Millins 21-Jan-98 29-Jan-98 $ 574.88 Maria G. Delashmit 5-Jan-98 16..Jan-98 $ 64.00 James Menard CND 14-Jan-98 $ 5.48 Maria G. Delashmit 6..Jan-98 16-Jan-98 $ 128.00 Jennifer Rodriquaz CND 14-Jan-98 $ 5,00 Maria G. Delashmlt 7-Jan-98 16-Jan.98 $ 128.00 John W. Carter, PA 27-Oct-97 2g-Jan-98 $ 1,015,00 Maria G. Delashmit 8-Jan-98 16-Jan-98 $ 136.00 Johns, SIephenson, & Dun 29-Aug-97 28-Jan-98 $ 87.50 Made G. Delashmil 9-Jan-98 16..Jan-98 $ 120.00 Juan Ramos 2-Dec-97 7-Jan-98 $ 60.61 Made G. Delashmit 12-Jan-98 21-Jan-98 $ 64.00 Juan Ramos 8-Jan-98 29-Jan-98 $ 94.25 Made G. Delashmlt l',-Jnn-qR ")1. I~,n_~.~ ¢ e! ,00 Julia V. DeLeon 28-Ocl-97 16-Jan-98 $ 9.75 Made G. Delashmit 1, 'Jan-98AG~l~'[E'~ 7: oo Julia V. DeLeon 3-Dec-~.,7 14-Jan-9, $ 6.50 Maria G. Delashmit 1: 'Jan-9~O~Jal~ 4( ,00 Juha V. DeLeon 3-Dec-97 3-Feb-98 $ 6.50 Maria G, Delashmit 1, -Jan-98 21-Jan-98 $ 6` ,00 Julia V. DeLeon 11-Dec.97 6-Jan-98 $ 32.50 Mafia G. Delashmit 2 -Jan-9~.m30~a~.9l~n~¢~ 6, ~- P~.,.-~ Invoice Date Iflvoice Vendor Dale Received Amo~ Vef~' Date Received Mada G. ~lashmH 2~Jon-98 ~flom~ $ 1~.~ N~s~~ 1~97 ~Ja~ S ~.~ Ma~a V~aum CND 14-Ja~ $ 5.~ ~~~ ~-~ l~JamM $ 13g.~ M~iller Re~ng Se~s 24-Jul-97 1~a~8 $ 30.~ ~1~~ 1~.~ ~Fe~ M~iller R~ng Se~s 1-~97 l~Ja~ $ ~.~ ~ A ~, ~ ~ ~am~ $ 3,~.~ M~il~r Re~n~ Se~s 22-~97 14-Ja~ $ ~.~ ~ A ~, ~ ~ ~am~ $ ~.~ McMi~ler Re.rig Se~s 1~-97 1~Ja~98 $ ~.~ Ri~ ~ ~. ~ ~ ~ $ 147.74 McMi]ter Re~ng Se~i~s 17~-97 l~Ja~ $ ~.~ ~ ~. ~ 1~-97 ~Ja~ $ 51.46 McMillerRe~ng Se~i~s 22-Oct-97 13-Jan-~ $ 21.~ ~~ ~D l~a~M $ 10.~ McMillerRe~ng Se~i~s 22-O~-97 l~Jan-98 $ ~.~ R~~ CND l~J~ $ 5.~ McMiller Re~ng Se~s 22-O~-97 13-Jan.98 $ 17.~ Sa~ ~ ~ CND l~Ja~ $ 5.~ MoM lief Re~cJng Se~i~s 22-O~-97 l~Jan-98 $ 10.~ Sda~nl ~ R~ 7-N~-97 7-Ja~ $ 59.~ McMilier Re~ing Se~i~s 22-Oct-97 l~Jan-~ $ 30.~ Sda~ ~fl~ ~97 ~Fe~ $ ~.~ McM~l;erRepod;ngSe~s 11-Nov-97 13-Jan.98 $ 30.~ Sd~nl~fl~~ 2~97 ~Fe~ $ 1~.~ McM~ler Re.ding Se~i~s 11.Nov. 97 l~Jan-98 $ 30.~ S~e ~t~ ~97 l~Ja~ $ 193.~ McMilier Repoding Se~i~s l 1-Nov-97 l~Jan-98 $ 30.~ Spdnl 2~N~-97 7-Ja~ $ 1~.~ Me~fnJ. Ha~ngton CND 14-Jan.98 $ 12.~ S~nt 1~97 ~Jam~ $ ~.~ Mu~ti Se~l~ 21-Nov-97 Janau~ 14, 1 $ 67.35 S~nt 1~97 22-Jan-~ $ 28.~ N. Anton~a V. Ad.is Beyer 31-~c-97 l~Jan-98 $ ~,~ Spdnt 1~97 ~-Jan-~ $ ~.~ N. Antonia V. Adnis Beyer ~Jan-98 16-Jan-98 $ 45.~ S~nt 1~97 22-Ja~ $ 51.11 N. Antonia V. Adnis Beyer ~Jan-98 l~Jan-98 $ 26.~ S~nt 1~97 22-Jan.~ $ 25.73 N. Anton;a V. Adnis Beyer 7-Jan-98 l~Jan-98 $ 39,~ Spent 22-~97 ~-Jan-~ $ 28.~ N. Anton~a V. Adnis Beyer 9-Jan-98 1~Jan.98 $ ~.25 Spdnt 2~97 ~-Jan-~ $ 81.~ N. Anto~a V. Adms Beyer ~Jan-98 21-Jan.98 $ 48.75 Spdnt 4-Jan-~ ~Jan-M $ 3.13 Naples Cou~ Repodmg ~Oc;-97 3-Fe~98 $ 20.~ Sprint l~Ja~ ~Ja~ $ 52.~ Naples Coud Reposing 14-Oct-97 1~Jan-98 $ 18.~ Spent 4.~ 7~a~ $ 3.13 Naples Cou~Repc~ng 18-Oct-97 l~Jan-98 $ 9.~ Sprint 1~ 12-Ja~ $ 137.~ Naples Coud Recodmg 24-Oct.97 3-Fe~98 $ 7.~ S~nt 2~ ~Jam~ $ 187.~ Naples Coud Repo~ing 28-Oct-97 3-Fe~98 $ 10.~ Steven P. Mams~ 1~ 7-Ja~ $ 24.~ Naples Cou~ Repomng 28-Oct-97 3-Fe~98 $ 14,~ Siren P. Mares~ 3~Jam~ ~Fe~ $ 95.70 ~Naples Coud Repodm; 5-Nov*97 3-Feb-98 $ 30.00 ~asT~xln~r ~Jam~ ~Jan-~ $ 48.72 Naples Coud Repcdmg 12-Nov-97 7-Jan-98 $ 362.~ WeslG~ ~97 12-Jam98 $ 176,25 Naples Coud Reposing 20-Nov-97 14-Jan-98 $ 67.~ West Gr~p ~Jam98 2~Jam~ $ 112.~ Na;les Cou~ Reposing 21-Nov.97 13-Jan-98 $ 45.~ ~ffr~ ~ink~n CND l~Ja~ $ 5.~ Naptes ~udRepo~ing 21-Nov-97 14-Jan.98 $ 31,~ ~slerMar~lus 1~N~.97 ~Fe~ $ 13.~ Napies Coud RepoSing 21-Nov-97 14-Jan-98 $ 157.~ ~slerMa~lus ~97 l~Jam~ $ 52.~ Naples Coud Repod~ng 29*Nov-97 13-Jan-g8 $ 30.~ ~sler~lus ~Jan-~ l~Jam~ $ ~.~ Naples C~d Repoding 29. Nov-97 14-Jan-98 $ 245.00 ~slerMa~l~ l~Ja~ 21-Jam~ $ 52.~ Naples Coud Repc)dmg 30-Nov-97 l~Jan-98 $ ~.~ Naples ~d Re~ 4-~97 2~Ja~ S ~.~ Naples Cou~ Re~mg 2-Dec-97 13-Jan-97 $ 30.~ Nap~ ~ Re~ 7-~97 l~am~ $ 27.~ Naples ~d Re~o~mg 7-Dec-97 14-Jan-98 $ 30.~ Napl~ ~ R~ 7-~97 l~Jan-~ $ 25.~ Naples C~ Reposing 7-Dec.97 14-Jan-98 $ 45.~ NapMs ~q Re.rig 7-~97 14~a~ $ 112.~ Nap;es C~Jd RepoSing 7-Dec-97 3-Feb-98 $ 37.~ Na ~les ~ff Re~ 7-~97 l~Ja~ Naples CoudRe~ng 7-De~97 ~Fe~98 $ 5.~ To~l: $ 121,4~.1i Naples Coud Repoding ~De~97 13.Jan-98 $ 112,~ ~~ Naples ~ud Re~ng ~c-97 29-Jan-98 $ 30.~ Nap/es ~d Re~ng 8-De~97 3-Fe~98 $ 30.~ Naples ~d Re~;mg ~c-97 3-Feb-98 $ 62.~ Napres Cou~ Reporting ~Dec*97 3-Feb-98 ~ 30.~ AGENDA ITEM Naples Cou~ Repo, tmg 11-~ec-97 2~Jan-98 $ 137.~ NO.~~ Naples Coud Re~ng 11-~c-97 ~Feb. 98 S 30,~ CND. ~n~t ~t~ In~ Da ~. FEB 17 1998 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD FORWARD NOTICE TO PROCEED TO THE TAX COLLECTOR FOR TAX DEED APPLICATIONS ON THE 1995 COUNTY TAX CERTIFICATES 12I.lt.,IZ.F.,.TIX~: That the Board consider forwarding to the Tax Collector a Notice to Proceed with tax deed applications for county certificates issued in the name of Collier County in 1995. CONSIDERATIONS: As fully outlined in the attached m~norandum, the Board is statutorily required to provide the Tax Collector with a Notice to Proceed in order to make application for Tax Deeds for all tax certificates held by the County where the property has an assessed value of $5,000.00 or more. Only 2 of the 161, 1995 County held tax certificates have an assessed value of $5,000.00 or more. On January 21, 1997, the Board approved a Notice to Proceed in order for the County to make application for Tax Deeds on all county held tax certificates for 1994, and such Tax Deed Applications have been made for all 1994 county tax certificates. Tax Deed Sales have been held and continue to be held on the various 1994 tax certificates. The Board has been and will continue to be reimbursed for all costs and delinquent taxes plus interest on all county tax certificates. It is important to note that the County recovers not only the speci tic ;,'ear of taxes when a tax deed is sold, but also recovers all subsequent years of taxes for ~hose properties (since it is a requirement of the sale) plus interest at the rate of 18% on the delinquent taxes. For example, iftaxes are delinquent for 1994, 1995, and 1996 the minimum bid at the Tax Deed Sale will include the taxes for all three years, even though the County had only initiated the notice to proceed for the 1995 Tax Certificate. The County currently holds 161 1995 county tax certificates. Of the 161 certificates, 2 have an appraised value of 55,000.00 or more. Pursuant to Section 197.502, Florida Statutes, the County shall make application for a tax deed on all certificates on property with an assessed value of 5;5,000.00 or more. Section 197.502, Florida Statutes, provides that the County ~ make application for a tax deed on the certificates on property with an assessed value of less than S5,000.00. FISCAL IMPACT: The Application Fee per parcel is approximately $338.00. If the Board decides to take all 161 1995 county tax certificates to Tax Deed Sale, the total application cost is approximately $54,418.00. If the Board decides to take the 1995 tax certificates on property with an assessed value of $5,000.00 or more, which is 2 1995 tax certificates, the total application cost is approximately $676.00. There is currently $68,175.00 budgeted for tax deed applications in Account No. 001-013010-649040. AGENDA IIEJ~ GROW'fH MANAGEMENT IMPACT: None r c.d 1 ? 1998 rs. T Ex~-utive Summary 199~ County Tax Certificates Page 2 I~ECOMMENDATION: That the Board of Connty Commissioners forward a Notice to Proceed to the Tax Collector for Tax Deed Applications for all ofthe 1995 Tax Certificates held by the County (161 certificates). Approved by:_~. ? _~. ~_~a~ Da~e: ~.,- '~-- ~ David C. Weigel ~ County Attorney h:e~/¢x s~rr~n~ncs/ux deed cenifica~s 1995 Fr..d 1 7 lgg8 MEMORANDUM DATE: February 3, 1998 TO: Board of County Commissioners FROM' David C. Weigel, County Attorney RE: County Held Tax Certificates; February 17, 1998 BCC Agenda Real estate taxes are payable on November 1 of each year and, if not paid by April 1 of the next year, the taxes become delinquent. The Tax Collector, after publication of the Delinquent Tax List, conducts a sale of tax certificates on the delinquent tax parcels. Section 197.432, Florida Statutes, provides that if there is no buyer of a tax certificate, the tax certificate is issued to the county at the maximum rate (18%) of interest. Section 197.502, Florida Statutes, states that the County shall make application for a tax deed on all certificates on property with an assessed value of $5,000.00 or more 2 years after April 1 of the year of issuance of the certificates. The Florida Statutes also set forth a limitation on liens of tax certificates and provide that after the expiration of 7 years from the date of issuance of a tax certificate, ifa tax deed has not been applied for and there is no other administrative or legal of the tax certificate shall be null and void and the Tax Collector shall cancel proceeding record, the tax certificate. On January 21, 1997 the Board of County Commissioners approved making Tax Deed Application for all tax certificates held in the name of the County for 1994. Tax Deed Applications have been made on all of the 1994 county held tax certificates and tax deed sales have been and are continuing to be held on these tax certificates. On October 6, 1997, Guy Carlton, Collier County Tax Collector, notified the Board of County Commissioners, pursuant to Section 197.502, Florida Statutes, of all Tax Certificates held in the name of the County that were eligible for the County to make application for Tax Deed (a copy of the Tax Collector's letter is attached). An update of the October 6, 1997, letter indicates that of the 172 certificates for 1995, there are 161 unpaid outstanding certificates that are not pending under a tax deed application. It is recommended that the Board of County Commissioners authorize tax deed applications for the 161 tax certificates presently held by the County for 1995. The statutory procedure for the County to make application for Tax Deed is as follows: A. The Tax Collector gives Notice to the Board of all tax certificates held by th '- ("e,]r, ty whie are now subject to tax deed application (Tax Collector's letter of October 6, 997)~o._~..[.~~ 1 7 1998 pg. Febr~a~-y 3, Board of County Comn~issioners ' County Held T~x Ce~ficates Pa~e 2 to Section 197.502, Florida Statutes, we are concerned with all tax certificates held by the County for more than 2 years, which in this case are only the 1995 tax certificates. B. The Board of County Commissionen gives written Notice to Proceed to the Tax Collector to proceed ':,'~:k a Tax Deed Application for the tax certificates held by the County, accompanied by a check in the amount of $90.00 per certificate for title search, and pursuant Section 197.502, Florida Statutes, the Tax Collector shall be allowed a tax deed application fee of $15.00 per certificate. C. The Tax Collector files the application for Tax Deed with the Clerk on behalf of the County. D. The County deposits the following fees and costs with the following entities when the Notice to Proceed is given to the Tax Collector: I) Tax Collector - $90.00 per tax certificate for title search. 2) ?'ax Collector's Application Fee - $15.00 per tax cmificate. 3) Clerk - Fees for processing the application after the title search is completed by the Tax Collector: I a) Clerks Fees - $60.00 per parcel for processing application (includes sale, issuance of Tax Deed, preparation of Deed and disbursement of funds). b) Advertising Cost - approximately $108.00 per parcel. c) Mailing costs - approximately $25.00 perparcel. d) SheriffService - 5;40.00 per parcel. Total fees per parcel are approximately $338.00. E. The Tax Collector prepares and furnishes to the Clerk for each parcel a certificate showing a list of all tax certificates owned by individuals, all county owned tax certificates, all omitted years' taxes and the amount of interest earned by each tax certificate or omitted years' taxes as of the date of the tax deed application. F. Upon receipt of a completed tax deed application, the Tax Collector shall have an abstract or title search made which provides the ownership and encumbrance reports for a minimum of 20 years for each parcel, a list of all tax certificates and omitted years' taxes on each parcel of property, and the names and addresses of all persons or firms ~hat the '.::'.: :.:. re-":--" f- notify prior to the tax deed sale. AGLe~N'i~/~I'~M,,. l: 3 1 7 1998 February 3, 1998 Board of County Commissioners County Held Tax Certificates Page 3 G. Delivering and Posting of Notices of the Tax Deed Sale. H. A Public Tax Deed Sale is then held: 1) A Tax Deed is issued immediately upon receipt of full payment of all applicable fees, costs, the amount of taxes owed, interest on the taxes, and all tax collector's fees. 2) If no bids are received at the Tax Deed Sale, then the property goes on a "List of Lands Available for Taxes". 3) The county can purchase the property on the "List of Lands Available for Taxes" after 90 days, for the opening bid amount. 4) If thc property on the "List of Lands Available for Taxes" is not purchased after 7 years, then the land becomes County property. I. The Clerk immediately disburses the monies collected from the tax deed sale to the Tax Collector. Thc Tax Collector then issues checks to the Board of County Commissioners for reimbursement of the costs and the taxes recovered less the Tax Collectors fee, plus the 18% ! interest on the tax certificates. The 1995 tax certificates were issued to the County on June 1, 1995, therefore, the Board of County Commissioners should take appropriate action to provide the Tax Collector with a Notice to Proceed and make application for tax deeds for all ofthe 1995 county held tax certificates. DCW/ew Attachments cc: Guy Carlton, Tax Collector COLLIER ¢OUNTYTAX COLLECTOR COURTHOUSE - BI.Da. C.1 NAPLES, FLORIDA 34112.4997 (941) 7744171 OCTOBER 6, 1997 HONORABLE TIMOTHY L HANCOCK, CHAIRMAN BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY GOVERNMENT CENTER BUILDING F NAPLES, FL 34112 DEAR CHAIRMAN HANCOCK: / FLORIDA STATUTE 197.502 STATES THAT THE COUNTY S;~ALL MAKE APPLICATION FOR TAX DEED ON ALL CERTIFICATES ON PROPERTY VALUED AT $5,000 OR MOPE ON THE PROPERTY APPRAISER'S ROLL, EXCEPT DEFERRED PAYMENT TAX CERTIFICATES, AND MAY MAKE APPLICATION ON THOSE CERTIFICATES ON PROPERTY VALUED AT LESS THAN $5, 000 ON THE PROPERTY APPRAISER'S ROLL, TWO YEAR5 AFTER APRIL I OF THE YEAR OF ISSUANCE OF THE CERTIFICATES. A SUMMARY OF TAX CERTIFICATES SO INVOLVED FOLLOWS: 1991 CERTIFICATES - TAX YEAR 1990 INITIALLY ISSUED - MAY, 1991 3,282 $200,003.75 REDEMPTIONS, CANCELLATIONS & T.D.A.. 'S 3,242 1 76,715.96 AS OF 9-30-97 BANKRUPTCY 38 2, 442.13 DEFERRED 2 20,845.66 -0- -0- I992 CERTIFICATES - TAX YEAR 199~ INITIALLY ISSUED - MAY, 1992 2, 947 $189,493. 79 REDEMPTIONS, CANCELLATIONS & T. D. A.. 'S 2, 925 164, 183.73 AS OF 9-30-97 BANKRUPTCY 20 1,057.40 DEFERRED 2 24,252.66 1993 CERTIFICATES - TAX YEAR 1992 INITIALLY ISSUED - MAY, 1993 2,036 $I13,618.31 REDEMPTIONS, CANCELLATIONS & T.D.A.. 'S 2, 032 ~, 923.88 AS OF 9-30-97 D~F~RR~D _. AG~ND~ 5 1 7 ILE. D~EPT.ZO~IS, C..&IIC~ZOJS & ~.'D.A."S 1,179 41,980.'94 OF 9-.10-97 ~U~TCY i 47.'66 DEFERRED 3 21,533.'28 - -0- -0- 1995 CERTIFICATES - TAX YEAR 1994 INITIALLY ISSUED - JUNE, 1995 776 87, 403.*02 REDEMPTIONS, CANCELLATIONS & T..D.*A."S 600 35,952.55 AS OF 9-30-97 BANKRUPTCY -0- -O- DEFERRED 4 23, 3 73.'81 1 72 28,076.66 / THE AFOREMENTIONED REMAINING TAX CERTIFICATES ARE IN OUR VAULT.* SINCER EL Y, GLC/rej COPIES: HONORABLE JOHN C NORRIS - DISTRICT ONE HONORABLE TIMOTHY J CONSTANTINE - DISTRICT THREE HONORABLE PAMELA S MAC'KIE - DISTRICT FOUR HONORABLE BARBARA B BERRY - DISTRICT FIVE DA VID WEIGEL - COUNTY ATTORNEY ERNESTINE COUSINEAU - LEGAL ASSISTANT AG£NDA.IT.EM ~. RECOMI(ENDATION TO THE BOARD TO ACCEPT N~GOTIATED SETTLEHENT AND ACCEPT PAYMENT IN THE LAWSUIT OF CQLLIER COUNT~, FLORID~ A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, V. FLORIDA POWER & LIGHT~ A FLORIDA CORPORATION AND FLOYD S. PIEE ELECTRICAL C0M~ANY, I~C., A FLORIDA CORPORATION AND TO AUTHORIZE THE CHAIRMAN TO EXECUTE ALLNECESSAR¥ SETTLEHENTDOCUMENTS. OBJECTIVEs That the Board of County Commissioners approve a proposed settlement in the sum of $5,500.00 in full satisfaction of all costs and damages alleged or that could have been alleged in the lawsuit styled COLLIER COUNTY v. FLORIDA POWER & LIGHT, a Florida Corporation and FLOYD S. PIKE ELECTRICAL COMPANY, INC., a Florida Corporation County Court Case No. 96-2434-CA-01-TB. CONSIDERATIONS~ This was an action by Collier County on behalf of the Collier County Department of Transportation against Florida Power & Light Company and Floyd S. Pike Electrical Company Inc. that was originally filed in the Circuit Court for the Twentieth Judicial Circuit, but because of the Jurisdictional amount, was subsequently transferred to the County Court for the Twentieth Judicial Circuit. Count I alleges that the Defendants, Florida Power & Light Co. and its Subcontractor, Floyd S. Pike Electrical Company Inc., on or about July 9, 1992 were conducting work on County Rd. 31 (Airport Pulling Rd. and Estey Ave.), Naples, Collier County, Florida and caused damage to the traffic signal controller during the performance of the work at this intersection. Further, it is alleged that the subcontractor performed the work before the scheduled date without notification to the plaintiff, the County, and caused an interruption of power to the traffic controller and power surge upon restoration of power causing the "burnout" of tile traffic signal controller. The County was required to repair the damage to the traffic signal controller in the amount of $5,180.78. Count I1 alleges that on or about November 5, 1992 Florida Power and Light Company, by and through its agent, Floyd S. Pike, subcontractor, performed work on C.R. 31, Airport Pulling Rd. and Mercantile Ave., Naples, Collier County, Florida and caused damage uo a traffic signal controller during the performance of their work at this intersection. That the subcontractor performed the work before the scheduled date without notification to the plaintiffs causing an interruption of power and subsequent power surge resulting in the "burnout. of the traffic signal ccntroller at this location. The cost of repairing the damage to the controller was $5,756.31. AG£NDA ~£M -- No Pl.., 1 Defendant Florida Power & Light and Floyd S. Pike Electric Company have offered to settle this matter for the sum of $5,500.00. For the County to fully prosecute the case will cost the County an estimated $4,000 to $6,000 in attorney's fees, expert witness fees and other costs. There is substantial risk that Florida Power & Light Company Inc. and Floyd S. Pike Electrical Company may prevail due to the dispute between the parties as to & causal ¢o~ection. In the Full and Final Release, Collier County is to receive $5,500 from Florida Power & Light and Floyd S. Pike Electric Company specifically releasing and discharging them from any and all causes of actions whatsoever arising from the incident alleged in the Complaint, and it is understood that this is not an admission of liability on the part of Florida Power & Light and Floyd S. Pike Electric Company. FISCAL IMPACTt If the proposed settlement offer is approved, the County will receive $5,500 for full settlement of the suit .and eliminate the risk of receiving no award from further prosecution of this matter. The funds will be deposited into the Transportation Department's Budget Fund No. 101-163610. Further, the County will save approximately $4,000 to $6,000 in costs and attorney's fees in prosecution of this suit. Accordingly, the $5,500 settlement offer appears to be a reasonable resolution and in the best interest of the County. GROWTH MANAGEMENT IMPACTs None. RECOMMENDATION, That the Board of County Commissioners consider and approve the proposed attached settlement as outlined in this Executive Summary and authorize the Chairman to execute the Full and Final Release necessary for the settlement of this matter. ~ed by: / R-odney ~ .~ -Wade ' Date Assis~nt County Attorney Re vi ~ ,we~2~: David Bobanick Date Transportation Director Review,~d by:~ , ' AG~DA~d , David C wei9~ Z~7 Date County Attorney FULL AND FINAL RELEASE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, first party, for and in cor~ideration of the sum of a total of FIVE THOUSAND FIVE HUNDRED DOLLARS ($5,500.00) or other valuable considerations, received from or on behalf of FLORIDA POWER & LIGHT, FLOYD S. PIKE ELECTRICAL COMPANY, INC. and LIBERTY MUTUAL INSURANCE GROUP, second party, the receipt whereof is hereby acknowledged, (Wherever used herein, the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals, the past, present and future officers, directors, stockholders, attorneys, insurers, agents, servants, representatives, employees, subsidiaries, affiliates, partners, predecessors and successors in interest and assigns of a corporation or partnership, and all other persons, firms or corporations with whom any of the former have been, are now, or may hereafter be affiliated, wherever the context so admits or requires.) HEREBY release, acquit and forever discharge tht said second party of and from any and all claims (direct and derivative), damages, costs, expenses, demands of whatsoever kind or nature, and causes of action arising from any act or occurrence up to the present time and particularly on account of all property damage, known and unknown damages and losses, of any kind sustained or hereinafter sustained in consequence of an accidents/incidents which occurred on or about July 9, 1992 and November 5, 1992 in Collier County, Flor/da, which is more fully described in the legal action entitled: COLLIER COUNTT, F£O~DA, d politicd! subdivision of the State of Florida, Plaintiff v. FLORIDA POWER & LIGHT, a Florida Corporation and FLOYD S. PIKE ELECTRICAL COMPANY, INC., a Florida Corporation, Defendants, Case No. 96-2434-CA-01-TB in the County Court of the Twentieth Judicial Circuit of the State of Florida in and for Collier County, Civil Action. In further consideration of the above payment, the first parry hereby releases, forever discharges and holds harmless the second party against any indemn/ty, contribution, derivative, subrogation claims or other third party claims by any person, firm or corporation arising out of the accident/incident which occurred on July 9, 1992 and November 5, 1992. TI*tlS FULL AND FINAL RELEASE specifically releases, acquits and discharges the second party from any and all causes of action whatsoever arising from the incident alleged in the Complaint filed by the first party in the County Court in and for Collier County, Florida, Case No. 96-2434-CA-01-TB. ' FURTHER, in consideration of the amicable resolution of this matter, first party agrees to dismiss said action with prejudice. I'f IS FURTHER understood and agreed that this Full and Fina ltel~,a~e is the compromise of a doubtful and disputed claim, and that this paymcnt is not to b, No. r: 1 7 19911 admission of liability on the part of the second party by whom liability is expressly denied. It is further tmdcrstood and alp'ccd Lha! ~¢ undersiined is of lepl age, legally competent to cxecuIe this Full and Final Release, and accepts full responsibility therefor. It is further understood sad agreed by the undersigned that this Full and Final Release is intended to cover and does cover not only all known injuries, losses and damages, but any future injuries, losses and damages not now known or anticipated but which may later develop or be discovered, including all the effects and consequences thereof resulting from said accident/incident, casualty or event IN WITNESS WHEREOF, we have hereunto set our hands this day of ..., 1998. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COLrNTY, FLORIDA By: BARBARA B. BERRY, CHAIRMAN Approved as to form and legal sufficiency: Rodney C_W/fde Assistant 5,~Sur, ty Anomey raj I 7 ~B~l [ ~o ~___._. IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL · IN AND FOR CIRCUIT COLLIER COUNTY, FLORIDA . CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Plaintiffs, Case No. 96-2434-CA-01-TB VS . ' '~-~' FLORIDA POWER & LIGHT COMPANY, a Florida Corporation and FLOYD S. PIKE ELECTRICAL COMPANY, INC., a Florida Co.~poration, Defendants. / FOR The parties to this action, by and through their undersigned counsel, stipulate that the differences between all parties herein have been completely resolved to their mutual satisfaction and respectfully move that this cause be dismissed with prejudice to all parties. The parties further stipulate that each party is to bear its o%~ costs and attorney's fees. DATED this ~"~-- day of ~ , 19S.. HENDERSON, FRAN~IN, STARNES OFFICE OF THE COUNTY ATTORNEY & HOLT Attorneys for Plaintiff Attorneys for Defendants 3301 East Tam/ami Trail Post office Box 280 Administration Bldg., 8th Fl. Ft. Myers, FL 33902-0280 Naples, FL 34112 (941)334-4121 (941) 774-8400' Florida ar No. 3749,~NDAI 1 7 1998 c~cx .~,z~ 52-153/112 [, s°.?I LIB£R o~z~. ~.. MUTU~ ; .... "~' ~;" ~". ,5~:.· ~ ~ i: '~ ~ ~ ,, · C/O JEFFREY-KOTTKAHP [7[5 HONROE ST.' FORT .MYERS, FL 3390~ . · . ,.: : ; ~. .. -:.~ ." .; "'08Sq21, B?-.,' ':0 ~. ~. 20 i, 53q~; RO 025 880"' o ',, · III LIBER MUTU~ Znlgrmnc, Ofo~pw~S,Oelo~ PAY ~ 2750.00'* COL L ~ ER" ~OUNTY C/O JEFFREY KOTTKAMP ESO HENDERSON FRANKLIN, ~.A. , 1715 HONflOE ST. FORT HYERS, FL 3390[ ':~' .... AGENDA ITEM r:j 17 1998