Agenda 10/21/1997 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
October 21, 1997
9:00 A.M.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR
TO SPEAKING.
REQUESTS TO ADDRESS ~ BOARD ON SUB~ WI~ICII ARE NOT ON TIIIS AGENDA MUST
BE SUBMITTED IN WRIT~G WITII EXPLANATION TO Ti~ COUNTY ADMI~STRATOR AT
LEAST 13 DAYS PRIOR TO THE DATE OF ~ MEETING AND ~L BE HEARD UNDER "PUBLIC
PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD
OF ~ PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE
THAT A VERBATI~I RECORD OF THE PROCEEDINGS IS MADE. WHXCII RECORD INCLUDES
~ TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (S) MilgUTES UNLESS
PEP&fISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIR~LAN.
ASSISTED LISTENING DEVICES FOR THE HEARING I~PAIRED ARE AVAILABLE IN THE
COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P. NL
I~IVOCATION - James Perman, Temple Shalom.
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA AND CONSENT AGENDA
APPROVAL OF MINUTES
PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1) Proclamation pmcl~iming the week of October 23-31, 1997 as Red Ribbon Week.
To be accepted by Regina Wags~aff, Coordinator for Collier County Red PJbbon
Campaign.
1
Oac~r 2 !, 1997
2) Proclamalion procl~iming October, 1997 as Crime Pre,'cntlon ~Zonth. To be
accepted by Sheriff Hunter.
B. SERVICE AWARDS
1) Glen Miles - Facilities - 5 years
C. PRESENTATIONS
APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
PUBLIC PETITIONS
A. Mr. James L Walker regarding mowing liens.
COUNTY AD~,tl~ISTRATOR'S RKPORT
A. COblMUNITY DEVELOPMENT & ENVXRONMENTAL SERVXCES
1) Petition C-97-4, V. Carleton Case, Jr., representing Kiwanis Club of Naples,
requesting a pemit to conduct a circus on November 22 and November 23, 1997, at
the Florida Sports Park on State Road 951.
2) Pet[tlon C-97-3, Our Lady of Guadalupe Catholic Church requesting a permit to
conduct a carnival from November 26 through November 30, 1997, on their church
grounds located at 219 South 9~' Street in Immokalee
3) This item has been deleted.
4) Petition C-97-5, Rozrend Joseph Spinelli of St. £1lzabeth Seton Catholic Church
requesting a permit to conduct a carnival from November $ through No~zmber 9,
1997, at 5325 28a Avenue S.W., Golden Gate, Florida.
5) Adopt an lnteriocal Agreement between Collier County and the City of Naples to
prm4de for a FEMA Coordinator.
B. PUBLIC WORKS
C. PUBLIC SERVICES
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
F. AIRPORT AUTHORITY
COUNTY ATTORN£Y'S REPORT
Board consideration for apprm'al of a rcvised dr~ft Memorandum of Understanding-
Em4ronmental Impact Statement (EIS) Southwe~ Florida, between the Army Corps of
Engineen, Collier County and Lee County.
2
October 2 i. 1997
10.
11.
BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Environmental Advisory Board.
B. Appointment of members to the Disaster Recovery Task Force.
OTHER CONSTITUTIONAL OFFICERS
PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF
ITEMS
12.
ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
z)
Petition PUD-97-1 I, Alan D. Reynolds of Wilson, Miller, Barton and Peek,
Inc., and George Varnadoe of Young, vanAssenderp and Varnadee, P.A.,
representing Barron Collier Partnership, requesting a rezoning of certain
defined property as herein described from "I" and "A" to "PUD"
(Creekslde Commerce Park PUD) for property located at the southeast and
southwest intersection of lmmokalee Road (C.R. 846) and Goodlette Frank
Road (C.R. 115I) in Sec. 27, T.~11S, R25£, consisting of 108.4 acres.
2)
Petition PUD-97-9, John P. Asher, P.E, of Coastal Engineering
Consultants, inc., representing The Club Estates, L.C., for a rezone from
"A" Rural Agricultural to "PUD' Planned Unit Development for a project
titled The Club Estates PUD containing a development ~trategy consisting
of 211 single family detached housing lots and homes on a total site area of
155.8 acres located on the west side of C. R. 951 0~les of Capri Road)
immediately contiguous to the property known ~ Naples National Golf and
Country Club in Sec. I0, T50S, R~$. (Continued from the meeting of
10/14/97)
OTHER
l)
Recommendation to create the Radio Road Beautification Adx4sory
Committee; providing for appointment and composition; setting forth
terms of office; prodding for removal from office; failure to attend
meetings; providing for officers, quorum, rules of procedure; providing for
reimbursement of ezpenses; setting forth the functions; powers and duties
of the Committee; setting forth the duties of the County Administrator or
his designee; providing a review procet~; providing for conflict and
severability; providing for inclusion in the Code of Laws and Ordinances;
and Ordinances; and providing an effecthz date.
3
October 21, 1997
13.
2)
Petition AV 97-015 to vacate, renounce and di~clalm the County's and the
public's rights and interc~s in all of Waterway Drive and to vacate,
renounce and disclaim the County's and the public's rights and intere~ts in
the 20' wide drainage easement between lots I and 2 and to vacate,
renounce and disclaim the County's and the public's rights and intere~ in
the 20' wide drainage easement be~-een lots 6 and 7, according to the Plat
of"A Replat of Tract 'L' Marco Beach Unit Six" as recorded in Plat Book
12, Page~ $5 and 56, Public Records of Collier County, Florida.
BOARD OF ZONING APPEALS
ADVERTISED PUBLIC HEARINGS
B. OTHER
14.
I$.
STAFF'S COMMUNICATIONS
BOA~VJ) OF COUNT'/COMMISSIONERS' COMMUNICATIONS
16.
CONSENT AGENDA - All matter~ listed under this item are considered to be routine and
action will be taken by one motion without separate discussion of each item. If dlseu~lon is
desired by · member of the Board, that item(s) will be removed from the Consent Agenda
and considered separately.
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Request to approve the final plat of "Longshore Lake, Unit SD".
2) Request to approve the final plat of "Quail Walk, Phase Four".
3) Request to grant final acceptance of the roadway, drainage, water and
sewer Improvements for the final plat of "Savanna".
4) Approval of Contract GC$26 with the Florida Department of
En~4ronmental Protection (Fl)Ely) to continue to perform petroleum
storage facility assessments within the County.
Request to approve the final plat of "Courthouse Shadows".
PUBLIC WORKS
1) Apprm'e Amendment #2 to Work Order ABB-FT96-3 for repair of three
SCRWTF Process Tanks, Project 70023.
2) Award a Contract for Bid No. 97-2731 to Mid-Continent £1ectrle, Inc. for
site electrical improx~'ment! for Sugden Park, Project No. 80081.
3) Approx~e an Alternate Road Impact Fee Calculation for the Sports
Authority.
4
Oct~er 21, 1997
C.
4)
Adopt Resolutions and enter into contract renewal with the Florida
Department of Transportation for roadway sweeping and median mowing
at selected locations within Collier County.
5)
Approve an Amendment to the Agreement with George Bother, ASIA for
the Davis Boulevard Landscape Beautification and Streetscape
Masterplan, Project 60013.
6) This item has been deleted.
Apprtn'e Reclaimed Water Use Agreement with Lakewood Community
Services Association.
s)
Approve Change Order No. 2 to South County Regional Wastewater
Treatment £acility Upgrade Contract 1, Bid 96-2509, Project
9)
Approve the Professional Serrices Agreement with Johnson £ngineering,
Inc. for deslgn and permitting of Goodlctle-Frank Road four lanlng
improvement~, CIE Project No. 065 (RFP No. 96-2599).
PUBLIC SERVICES
l)
Approve a budget amendment appropriating revenue received at
Vineyards Community Park at the end of FY 97.
2)
Approve a budget amendment appropriating funds for Improvements at
the Immokalee Sports Complex/Fitness Center.
3)
Adopt the Sugden Regional Park Special Event Usage Policy. (Continued
from 10/7/97.)
4)
Authorization to increase occupational license fees for landscape
maintenance.
SUPPORT SERVICKS
I)
Approve budget amendment for the repair of plant material along US 41 at
the Main Goveroment Complez due to construction
2)
Approval of a First Amendment to Lease Agreement between Collier
County and Congressman Porter Goss and ezecute a Resolution regarding
same
3)
Execute Contractual Agreement with Golden Gate Fire Control and
Rescue District for Fire and Rescue Protection Serx~ces within the Collier
County Fire Control District
4) This item has been deleted.
Approval of award of Bid #97-2736 to Evergreen Landscaping of Collier
for grounds maintenance at satellite facilities
COUNTY ADMINISTRATOR
Octobcr 21, 1997
G.
L
J.
1) Budget Amendment Report.
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
Satisfaction of Lien.: NEED MOTION authorizing the Chairman to sign
Sati~action of Lien for Ser~'ices of the Public Defender for Case No~.: 89-
1624-IT, 89-1622-IT, 94-4'/39-MIatA, 93.0031-CFA, 94-1607-CFA, 88-0316-
CFA, 88-2330-TMC, 95-4162-MMA, 94.1757-CFA, 97.0721-MMA, 97-
1987-MMA, 97-1666-MMA, 97-1094-MMA, 97-6361-M1~L~k,
M ~LA, 97.0726-M~Ltt, 97-6360-MMA, 96-8782-MMA, 97-641S-MMA, 96-
9293-MIatA, 9S-S24-CFA, 95-0524-CFA, 9S-1997-CFA, 96-9349-MMA, 96-
0484-M~LA, 96-6940-MMA, 96-8858-MMA, 96-S877-MMA, 97-4541-
MMA, 97-6335-MMA, 97-2g08-MMA, 96-9329-MIatA, 9~.1549-MI, 97-
S230-MMA, 97.0692-MMA, 97-4072-MMA, 97-1907-MMA, 96-0298-
MMA, 89.0634-MMA, 94-SS86-MMA, 9~-5885-MMA, 97-0234-MMA, 96-
0795-M~fA, 97-2036-MMA, 97-0940-MMA, 97-6239-MMA, 97-1197-
MMA, 96-1545-MMA.
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION
AS DrRECrED
OTHER CONSTITUTIONAL OFFICERS
l) Recommendallon that the Board sign the acceptance document for the
S2,025,000 COPS Universal Illrlng Supplemental Grant #9SCCWX0265.
COUNTY ATTOI~NEY
AIRPORT AUTtlORITY
17. ADJOURN
~[NQI, JTRI'E$ (~0NqERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO
THE COUNTY ADMINISTRATOR'S OFFI(~E AT 774-8383~
Oclober 21, 1997
AGENDA CHANGES
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS' MEETING
OCTOBER 21~ 1997
ADD: ITEM $(A)(6) - REQUEST BOARD DIRECTION RELATIVE TO THE
DEVELOPER'S REQUEST TO REPEAL THE TWIN EAGLES PUD, ORDINANCE 97-29.
(STAFF'S REQUEST).
CONTINUE TO 11/4D7 MEETING: ITEM 12(B)(2) - PETITION PUD-97-9, THE CLUB
ESTATES REZONE FROM "A" RURAL AGRICULTURAL TO PUD FOR A PROJECT
TITLED THE CLUB ESTATES PUD WEST SIDE OF C.R. 951 IMMEDIATELY
CONTIGUOUS TO THE PROPERTY KNOWN AS NAPLES NATIONAL GOLF AND
COUNTRY CLUB. (STAFF'S REQUEST). o
MOVE: ITEM 16(C X4) TO 8(C Xl) - AUTHORIZATION TO INCREASE
OCCUPATIONAL LICENSE FEES FOR LANDSCAPE MAINTENANCE. (STAFF'S
REQUEST).
PR OCL/IM~4 TION
prevention resources have been dramatically cut, programs and community
based efforts are asked to do more with less and community services compete for
remaining limited support; and
substance abuse is the most common risk factor impacting our behavioral
health, particularly for our youngpeople (furthering delinquency, teen
pregnancy, HI'Y/AIDS, child abuse and violence and so forth); and
FFHEREAS, families face unprecedented pressures and stress imposed upon them by the
overwhelming nature of today's society; and
prevention and intervention efforts continue to influence non-use of alcohol,
tobacco and other drug abuse, it still remains prevalent in every Florida
community; and
WHEREAS,
NOR' THEREFORE, be
Floridians must recommit to strengthening families, neighborhoods, and
communities and educating our citizens about preventton focused initiatives to
counter the problems of substanc~ abuse; and
· · ~.. :.,/: · ...%.7:~ ~.* ,~.,,...,q?~ ·
research and data reflect..~.qhe'~!iO.,~.'.~.b.!y,, ihat'preyention worgs and tttat our
commitment'tO e ducatron, pr~V~'rtti'~'n .~ poMtive lifestyles t$ imperative; and
. : .::../~./i.~::~:.~ ... .. ~:~. ~i~,"~,~,.. . ~,.
the ~¢ea ~iboon represents the nattons un#ed ~. o.~. . to .~.~ port pr~vention and
build hea!th)t and saf~ ~omrrruntti~ ~'r~to rem~,fl~ th~ brutal murder of
Federal ~gent Enrtque Came~ana2~tmd ,,~ ~ ~
.',~ ,. ' ~'~';'-,,, ~.- , 'l~ '.'" ".'t.~. · .~ '.'N, ~ -";~ ' ~ ,- ' a '~ ,~,~c" ~
the 199,7; Florida Red Ribbon Celeb..rat....:~n focu?s on i~, '~rtance of
?~'. , ~",,~'~ . .. ' '"~ - ~ ~' ." v..:.' ........... ~., .
~r~t~ng our young people and creatth~ an ,nvtront~nt b~ which our youth
may fl~urtsh: and >.:.:.. . .. ..... ,~ ,'.:.,/ "'~'~' ,!~, ,~ ~
' ~* z, ....... ~,~,~ · ' ;'~. : . . . , .'~ . ,'.. · · :'~,,'~. .. %.' ' ~
;~.~ ~.' :,~... ..... -,,.,: · ,: ...... ,\ ~. ,'.
· ,~ ~.. ~ , .... ~ . . . ~.o ?, .~ . ~,~,~
Ti~~ t~nnon :~soctatton,. !~. coord~nat.~f .~'round
RED RIBBON R,EE~
and encourage all Collier County citizens to wear a red r~fbbon to _sym?,olt~, our
commitmenttoheatthyandsafeenvironment~foreachcitI2~~[
participate in events throughout the week and throughout
positivelifestyie$. / OCT2]m7 I
DONLeA.ND ORDERED THIS 21st Day of October, I997. I PO, I I
PROCLA~A TION
the vitality of our county depends on how safe we keep our homes,
neighborhoods, working places and communities because crime and fear
diminish the quality of life for all; and
crime and fear of c,'ime destroy our trust in others and in institutions,
threatening the community's health and prosperity; and
WHEREAS,
people of ali ages must be made aware of what they can do to prevent
themselves, their families, neighbors and co-workers from being harmed by
drugs, violence and other crimes; and
WHEREAS,
the personal injury, .financial loss and community deterioration resulting from
crime are intolerable and require action by the whole community; and
WHEREAS,
crime prevention initiatives must include, but go beyond self-protection and
security to promote collaborative efforts to make neighborhoods safer for all
ages and to develop positive educational and recreational opportunities for
)'otmg people; and
WItEREAS,
adults must invest time, resources and policy support in effective prevention and
intervention strategies for yo,tth, and teens must be engaged in driving crime
from their communities; and
WHEREAS,
effective crime prevention programs excel because of partnerships among line
enforcement, other government agencies, civic groups, schools, faith
communities, businesses, and individuals as they help to nurture communal
responsibility and instili pride.
NOIF THEREFORE, be it proclaimed by the Board of County Commissioners of Collier
County, Florida, that October, 1997 be destgnated as
CRIME PREVENTION MONTH
and urge all citizens, government agencies, public and private institutions and
businesses to recognize the power of prevention and work together for the
common good
DONE AND ORDERED THIS 21st Day of October, 1997.
BO.4RD OF COUNTY COMMISSIONERS
COLLIER COUNTE FLORID.4
DR/'IGHT E. BROCK, CLERK
TIMOYHY L.
I~LANCOC~
'0%b 7, t997
Mr. lanms L. Walker
720 Banyan Blvd.
Naples, Florida 34102
COLI,IER COUNTY AD TOR'S OFFICE
3301 E. TAMIAMI TR.
NAPLES. FL 34112
(941) 774-8383
FAX (941) 774-4010
A CERTIFIED BLUE CHIP COMMUNITY
Re: Request for Public Petition - Mowing, Liens
Dear Mr. Walker:
Please be advised that you are scheduled to appear before the Co[lier County Board of
Commissioners at the meeting of October 21, 1997 regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to ten minutes. Please be
advised that the Board will take no action on your petition at this meeting. However, your
petkion may be placed on a future agenda for consideration at the Board's discretion. Therefore,
your petition to the Board should be to advise them ofyour concerl~ and the need for action by
the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor ofthe
Administration Building (Building "F") of the government complex. Please arrange to be present
a~ this meetin8 and to respond to inquiries by Board members.
Ifyou require any further information or assistance, please do not hesitate to contact this office.
County Administrator
RFF~p
cc: County Attorney
Community Development & Environmental Services Dept.
OCT 2 1
James Lorenzo Walker
September 25, 1997
Robert Fernandez
County A~mtnistrator's Office
3301 Tamiami Trail
Naples, Florida 34112
Re: Property: Subdivision--GOLDEN GATE CITY UNIT 4 Block 135
Lot 12 Folio-36122560007
Dear Mr. Fernandez:
I have gone through Ms. Sandra I. Taylor, Real Property
Management Director and Heidi F. Ashton, Assistant County
Attorney to work out a dispute over the mowing liens of the
County Commissioners on this property, and have been advised
to ask for a Public Petition for a hearing before the County
Commissioners.
The facts are the following:
1. I bought a tax certificate in 1988 and in the latter
part of 1996 I was told by the Clerk's Office that I had to
apply for a tax deed or let it escheat to the State.
2. I elected to apply for a tax deed. When so doing I
had to redeem all outstanding tax certificates from 1989 thru
1996 which cost me $2,688.92. After receiving the tax deed
I found there was a lien against the property by the collier
County Commissioners for lot clearing and mowing which as of
September 30, 1997 is in the amount of $6,014.51.
The Real Property Management Dept. of the County tried to get
a quit claim deed from the previous owner in order to prevent
a quiet title suit, however, the owner is deceased and the title
insurance company requires a quiet title suit. I have been
told the minimum cost of this transaction will be $3500 and
up to $4500.00. The tax certificate sold for 1996 is at least
$200.00.
The County Development and Environmental Services Division is
demanding that the property be mowed again at this time which
will cost at least $200.00. The total of these figures amounts
to $12,603.43. I have been told by real estate people_ hat
lots in this area have sold for as much as $10,000 wit~
percent real estate commission. I would still be out
$3603.43.
Page 2.
The various county departments that handle this type of property
have determined the amount owed on the lot is more than what
they could afford to pay and use the lot for building purposes.
As I asked in the first paragraph, to be granted a Public
Petition for a hearing, I would like to discuss this matter
with you personally.
If after you receive this letter and have had time to analyze
it you would be willing to give me an audience, please give
me a call at 941-262-7200.
Thank you very much.
Respectfully yours,
PETITION NO. C.97-4, V. CARLETON CASE OF THE KIWANIS CLUB OF NAPLES REQUESTING A PERMIT TO
CONDUCT A CIRCUS ON NOVEMBER 22 AND 23 1997 AT THE, FLORIDA SPORTS PARK ON STATE ROAD 951
IN SECtiON 14, TOWNSI'HP 50 SOUTH, RANGE 26 EAST.
eond~ a ctn:m November 22 mi 23, 199'/, at,be Florida ~x~rU Park on Sine Road 951, in Section 14, Township 50
~ ~.,--..~. CoNSi~lIONS:
· '¥" The Kiws~ Club of Naple~ ha~ n~ all the requirements of the can~al permit ~ od~r dsm ~hose ~ for
The S200.00 ~ application fee doe~ cov~r the cos~ of processing and requi~ ~. H~, waive~ of tbe
Sur~ Bond may have a Fiscal Imp~ on the County if the applicant fails to r~stor~ the site b~t to ~ orlgiml condition.
The County would then be liable for clean up and restoration of the site. This ~.o~,;~; nppl.tcat;i~
GROWTH MANAGEMENT IMPACI':
RECOMMENDATION:
That the Boud of County Commissioners approve the permit to conduc~ the circu~ subject to consideration of ~iver for
the Surety Bond.
PREPARED BY
R~beft J. Mnlhere, AICP
Flannlng & Technical Services Manager
REVIEWED BY:
SERVICES DEPARTl~NT DIRECTOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
DATE
AGEN~T~
NO..~
OOT 1997
FOP,
$7A?£ OF FLORIDA :
! a~plication to the ~oar~ of County Cc~-~issioners of Collier County, Tlor~d&,
~ a ~er~lt ~o cc~ouc: & carnival or exhibition; and
10 Z~£R£AS, ~. :arleCon Case of ese Kiwanis C~ub of :laples, has presented
11 the E:ard sufflcle~: evidence that all criteria for the issuancl cf a
13 $.~usemen=s and £m:e::ai~ents, cf the C~lller Ccun:¥ Code have ~een sa:~sf~e~
WH£~=-AS, sa~a V. Tir!e~cn Case cf t~e E:wan~s Club of ::spies,
21 ~} To ccm~uc: a circus of }~ovember 2l amd 2], ~997, in acc=r~amce
23 and a~1 r*lated doc.~ncJ, ac:~cned hereto ~ incorporated
24 for :~e foiiowin~ described ~:ope~c7:
2S
26 (See attached ~xhibi:
27
29
30 WITNKSS my ~and as Chai~n of said Board and Seal of said County,
31 a=:es:ed ~y t~e Clerk of Courts in and fo= sai~ County this day
32 , [997.
ATTEST: ~O~D OF CO~Y
~IG~T E. ~a~K, CL~RK OF COURTS COLLIER CO~Y,
34
IS
37
40
41
42
43
44
4S
4~
47
4S
4~
TICK)THY L. HANCOCK, CNAIP~
N~. ~
OCT 1 1997
The S14 1/4 of the I~E 1/4 o[ Section 14,
To~nsh£p 50 South. Range 26
1/4 of the SE 1/4 of Section 14, Township
50 South, Range 26 Eas~= the .~ 1~4 of-the
SE' 1~4. of' Section
~nge 26 Eas~= an~ the West 1~2'of the
1/4 of the NE 1/4 of the SE 1/4 o~ Section.
· 14, To~shLp-50 South, Range 26 East,
Collier County,
S~Jec= ~o restrictions, reservat~ons.an~
eas~ents o6 record.
£X~XBIT "A"
September 19, 1997
KIWANIS CLUB OF AU~PLE$
P.O. SOX 1453
NAPLES, FLORIDA 34101
Mr. Robert J. Mulhere
Planning & Technical Services Manager
2800 North Horseshoe Dr
Naples, Florida 34104
Re:Application for Circus Permit
Clyde Beatty-Cole Brothers Circus,Inc.
Dear Mr. Mulhere:
Herewith submitted is an application for a circus permit for the
Clyde Beatty-Cole Bros. Circus to perform shows on November 22
and November 23, 1997. The Kiwanis Club is sponsoring the
performance as a way of raising funds for coam,unity sez-vice
activities as a part of the 1995-1996 Kiwanis International major
emphasis theme. Enclosed is a check for $200.00 representing the
non-refundable application.
All information and attachments required by Chapter 8 1/4 of the
County Code are included except for a surety bond which we ask
the county to waive and which it has the direction to waive. The
Kiwanis Club of Naples has been responsible for handling the
parking of cars and the cleaning of the County Fair parking
for over eighteen (18) years. It has sponsored the circus for
twelve (12) years. On the basis of our record, we sul~nit to the
county that we have shown and will be able to have the site
cleaned after the circus leaves and otherwise perform as
required.
The site proposed is the Florida Sports Park on County Road 951.
If you have any questions concerning this application, please
call Dr. Michael Stevens at (941) 643-2324.
Thank you for the office's consideration and anticipated
cooperation.
VCC:tm
Enclosure
OOT 1
Pm._+ _
~OTE:
PETITION NO. ~
PETITIONER'S NAME:
PETITIONER'S ADDRESS: _D_~_ BOX 1453
v ' Copy:
~ Copy:
Copy:
CARNIVAL OPERATION PETITIOn,
~' ~ DATE:
- KIWANIS CLUB OF ~APLES,INC.
Zoning Director
Petitioner
(2) County Manager,
SEPTEMBER 12, 1~9O
NAPLES~ FL 33939
CONTACT: CARLETON CASE ~ELEPHONE:..941/434-1212
PROPERTY OWNER'S NAME: _ FLORIDA SPORTS PARK/SWAMP BUGGY GROUNDS
PROPERTY OWNER'S ADDRESS: S.R. 951 & RATTLESNAKE HAM2~OCK ROAD
GENE VACCARO, MGR. TELEPHONE: 941/774-2701
LEGAL DESCRIPTION OF SUBJECT PROPERTY: (SAME) SEE ATTACHED
GENERAL LOCATION:
(SEE ABOVE)
CURRENT ZONING: CURRENT USE: SPORTS/EVENT FACILITY
NATURE OF PETITION: TEMPORARY USAGE OF PROPERTY/CIRCUS 2 DAY EVFNT
SATURDAY, NOV. 22 (shows at 4:30 & 7:30) SUNDAY, NOV. 23 (shows at 1:
THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION.
TION, SEE REVERSE SIDE.)
3.b.
3.c..
3.d._
(FOR EXPLANA-
3.e.1). 3.e.4),,, 3.e.7).,,
3.e.2). 3.e.5) 3.e.8)
3.e.3) 3.e.6). 3.e.9).
DATE REVIEWED by Board of County Commissioners:
Approved: Disapproved:
Conditions of Approval:
SIGNATURE OF COUNTY MANAGER
Excerpt from Ordinance No. 75-11 Filed Secretary of State 3/6/75
3. Application and Fee for Permit. A minimum of twenty (20)
days before occupying the carnival or exhibition site, an application
for a per,%it shall be submitted to the County Manager in four (4)
copies accompanied by:
a. A surety bond in the penal sum of $2,500, issued by a
company authorized to issue such bonds in Florida, conditioned upon the
operator complying with each provision of this Ordinance and subject to
forfeiture under the terms provided in Paragraph 8 hereinbelow.
b. Evidence of current public liability insur~nce coverage,
issued by a company authorized to do business in Florida, in the
minimum amount of $100 000 for any one person and $300 000 for any one
incident. ' ,
c. A non-refundable fee ~
d. A current occupationa~ license issued by the Collier
County Tax Collector, and
e. Including the followiog information:
1) The name and headquarters address(es) of the
carnival or exhibition company(ies) with a direct or indirect financial
interest; name(s) and address(es) of any sponsoring organization(s),
and the name and local address of the applicant representing the
carnival or exhibition company(ies);
2) A description of the every activity to be conducted
such as but not limited to, menageries; circus and side-show perform-
ances; amusement, merry-go-round and other ride activities; food and
drink dispensing facilities; booths for conduct of games of skill or
chance not prohibited by State law to be open to the public for an
admission or participation fee and number of persons to operate the
activities;.
3) Name, identification and social security number of
each person accountable for the operation of each activity;
4) A description and sketch of the site showing the
location of each activity proposed, the location and number of sanitary
facilities; parking facilities, and provision for lighting and public
water;
5) Application for Food Establishment Operating Permit
from the County Health Department as required by Ordinance 74-45.
6) The plan for refuse, garbage, debris, and sewage
disposal during and after operation of the circus or exhibition.
7) Provisions for traffic control, fire safety and
security precautions;
8) The date and time each activity is to be conducted
and concluded;
9) Written approval from the owner of the property
authorizing the use of this premises for such carnival activity.
10) Legal description of property to be utilized.
AGEN~F~¥
Ho.
OCT 1 1997
~.'
The SW 1/4 of the HE 1/4 of Section 14,
Township 50 South, Range 26 East; the S~
1/4 of the SE 1/4 of Section 14, Tovnsh~9
50 South, Range 26 East; the-~ 1/4 of-the
SE'1/4. og-Section 14, Townshfp 50 South;
Range 26 East; and the ~es= 1/2'of the ~
1/4 of the NE 1/4 of the SE 1/4 of Sect[on
· 14, To'ship. 50 Sou=h, Range 26 East,
Collier Court=y, Florida.
e
Subject to ~estr~ctions, reservattons.an~ '
easements of record.
:
ZX~ZBZT
CT ~) 1 1997
. I.'t...._~
· CARNIVAL OPEPATION PETITIOM
THIS ADDENDUM OF INFO.~V.%TION REGARDING THIS PETITION R~QUEST IS
ATTACHED AS E~idIBITS TO ADDP~SS ARTICLES INCLUDED IN ORDINANCE No. 75-1
(b)
(c)
As a Civic Organization, applicant req'~ests that the bond be
waived, -
'(e) I;'EXHIBITION COMPANY:
Insurance Certificate Attached ( see exhibit $9 )
Check for fee attached (Check $ ~65-~- DATED .~//Z/~'_)
Copy of Check Attached (Check $ ~S~
_ DATED
as a Fee to Renew Collf. er County Occupational Li
COLE BROS. CIRCUS, INC.
d/b/a CLYDE BEATTY-COLE BROS. CIRCUS
P.O. BOX
DELAND, FL 32721-0127
1.LOCAL SPONSOR:
KIWANIS CLUB OF NAPLES,INC.
P.O. BOX 1453
" NAPLES, FL 33941
2.The activity will include ~ sche.duled circus Perfozlaanc~
each lasting approximately
and other customary ~= nours ~ncluding animals, aer~a~
attractions within
a single tented facility
Seating for 2700 ts~provided:. Patron Parking ~s provided within
the Circus site. On-site overnight accomodations for circus
.personnel. The Circus employs approximately 90 persons .and hire
no local vendors or Jobbers. All food and beverage provided by
Circus's mobile food facility.
3.CIRCUS ON 'SITE CONTACT: MANAGER,. ~" ~ ' ·
SOC.-~m~ ~ OHN~F-~AZ~ER~ENE,PO~ MANAGER
CiRCUS-FEDERAL I.D. $ - 59-216155~h2J~- · *~?'ZZ2__
KIWA~NIS CLUB CONTACT: HR. CARLET(~N 2~'ASE/._ CIRC~
soc. SEC. $)q
4. LEGAL DESCRIPTIO O SITE IS S. TCH SH.I LOC TI:
OF PROPOSED ACTIVITIES/FACILITIES~ATTACH~D (see exhibits
5.FOOD ESTABLISHMENT PEk~IT FROM STATE OF FLORIDA TO BE PROViDeD
UND£R SEPARATE COVER.
6.LOCAL DUMPSTER/TRASH REMOVAL COMPANY IS CONTRACTED 'BY SPONSOR
TO MAINTAIN AND CLE;t~ A~ND REMOVE TRASH AND DEBRIS FROM SITE
UPON CONCLUSION OF T~E EVENT. THE CIRCUS
P R~~~~, JO
FOR HANDICAPPE~ FACILITY. ALL PORT-O-JOHNS
DISINFECTED ON A DAILY BASIS BY A LOCALLY C
CONTRACTOR
!.
056
COLE PRIN'T~G COMPANY o2-84
P,O. Box z27, ~ 904.736.0071
De LJr~L F! 32721-0127
PAY
TOTHE '
S usr '
~ ~OOSOSN~ ,:06~ ~OS~08~:O ~N
OCCUPATIONAL LICENSE 1097/1998 RENEWAL NOTICE
I i MAJ<~ CHEC~C PAYA~I..~ TO:. C:OLUEA (~)UNTY TAX COM.ECT~;I
C
~s uc~s; EXP~RF.S SE~..U8~ ~0. ~o,Y a
Jl ~~: FLORIDA SPORTS PARK
12 ~7
ZONED:.
jc J
· Z
WIT PROYIOE THE FOLLOWING:
~~~S YES ~ ~ ~
~t~ ~ t~ /~0 TRAVELING
~E~ ~
LEGAl. FOP~
INOrV1OUAL ( ]
PARTNERSHIP (
CORPO~ATK~N [ X X}
SHOV,CARNXVALS
904..'~736-0071
CLYDE BEATTY.COLE 8ROS C
COLE 8ROS CXRCU$ INC
P O 80X 127
DELAND FL
32721&~O12T
CLASSIFICATION CIRCUS, CARNIVALt SIDE SHOU
d' J ~'md.~ ........... 01_o_00001
IMPORTANT: RETURN TI-IlS FORM WITH OCCUPATIONAL UCENSE'
OKEY HOLJ~ER INFORMATION
BUSINESS ADORE..~
BUSINESS TELEPHONE
BUSINESS FAX #
qoq 7.%-00 71
':to'4-- 7aS'- 7~'~o
KEYHOLDER INFORMATION (Nm'ne & Home Telephone Number')
." ~ ON PI:I~I~S~ -~ec mo HAZk~T ON PREMW;E8
CARNIVAL OPERATION ?ETITION ADDENDUm,-.
COLLIER '~0UNTY, FLORIDA
DATED: .
REs KIWANIS CLUB OF NAPLES, INC./
CLYDE BEATTY-COLE BROS. CIRCUS
PETITION REQUEST
PAGE TWO (continued...)
?.SPONSOR WILL ARRANGE, THROUGH COLLIER COUNT~ SHERiFFtS OFFICE,
TRAFFIC CONTROL PERSONNEL BOTH PRIOR TO AND AT THE CONCLUSION
OF EACH PERFORMANCE TO ASSURE SALVE, EFFICIENT TRAFFIC ONTO
MAIN ROADS. DEPUTY SHERIFFS OR LICENSED Pltl~ATE SECU~XTy
· PERSONNEL WILL BE ON SITE DURING PERFORMANCES AS A CROWD
CONTROL AND. SECURITy KEASURE. ~ KIWANIS CLUB OF NAPLES, INC.
WILL ADDITION~?,Ly PROVIDE VOLUNTEERS TO DIRECT PARKING ON
SITE.
8.THE' SCHEDULED PERFORMANCES ARE AS FOLLOW~. =
Ta~-P.E WILL BE'A TOTAL OF 4 PERF. O~CES.
SATURDAY,NOVEMBEI~ 22 ~-.4~.'-30. & 7:30
· SUNDAY, NOVEl. ER 23 '-'1:30 & 4~30
9.COPY OF AGREEHENT WITH ~LORIDA SPORTS PARK '(SWAMP BUGGY,INC.)
FOR USE OF SITE ON THE DATES LISTED. ( see Exhibit ~10)
OOT.g I lgg7
The S~ 1/4 of the NE 1/4 of Section 14,
Township 50 South, Range 26 £ast~ the S~
1/4 of the SE 1/4 of Section 14, Township
50 South, Range 26 East= the.~ 1/4 of, the
SE 1/4 of'Section 14, Townsh~¥ ~0 South:
Range 26 East; and the Nest 1/2'of the ~
1/4 of the NE 1/4 of the SE 1/4 o~ Section
-14, To~ship-50 South, Range 26 East,
Collie= County, Flo=iaa.
S~je=t to restrictions, reservat~ons.a,~
easements of record.
EXRXBXT
OCT 1 1997
SCH£Dur, E OF EXHI~'rT'$
2.
3.
4.
$.
6.
7.
8.
Copy of Nap Showing Site
Sketch of Circus Layout on Site
Circus Layout/Set-Up Diagram
Inside Tent/Seat£ng Diagram
Circus Logistics Sheet
Fire Safety O~erations Sheet
Inspection Request Sheet
Certificate of Flame Resistance
Insurance Certif£cate
10.'-..-~ Agreement With Florida Sports Park
OCT 2 1 1997
I
· I
11
Ill
LOGISTICS
CIRCUS BIG TOP:
150 FEET BY 300 FEET
The Stake line extends Fifteen feet beyond the perimeter of the
canvas, and the. "Jigger Lines" (Two) extend thirty feet beyond
each "end" of the tent.
SEATING CAPACITY: 3,000
Reserved Cnzir Seats (Twelve Sections) accommodate 1,716
patrons. General Admission Seating is provided by four
bleacher seat wagom.
, '- ELECTRICITY:
-....~rovided by th. tee dieseI-i~wered generator plants
RESTROOMS:
Eleven self-contained units, serviced daily
VEI-I~CLES:
27 diesel-powered units: 3 straight trucks and twentT-four
tractor-trailer ,units. Performers and Staff u'avel in
approximately 35 KV Units..
SAFETY:
Chemical and water fire extinguishers in Big Top area as ,,,,'ell as
safety equipment in generator trailer and show trucks. Trained
· personnel monitor safety, on showgrotmds. No SmokLng
observed in Big Top.
AREA NEEDED:
Approximately 3 Acres (minimum of 300 feet by 450 feet) for
placement of Big Top, seating, animals, vehicle:; and show
equipment. Patron parking area is in addition to the minimum
area required for Circus.
OCT g 1 1997
e
e·
FIRE'SAFETY
EQUIPMENT
& OPERATIONAL
PROCEDURES
Patron Access Main Front Ehtrsnce/Egress 30' W~de
Rear Performer Entrance/Egress 15' W~de
Four additional Auxiliary Exits (~o each side of Big Top) 15' W~de.
Cle=rly m=f,~ed by contrasting color (red) =nd la~ge lettering 'EXIT.'
Esch emergency auxiliary exit mar~ed by lighted phosphurescent exit signs.
No smoking announcements are made prior to each performance and durin~ pedcrmance
intermission.
Two ushers monitor shy patron s.'-,.cking throughcut the performance.
No smoking signs posted cn evec/other (:uar~er-pole as well ss three pcs~ed st main ps.'.rcn
entrance. '
All e!ectricsl power provided b,v ~'.vo ~esel-powered Caterpillar Generators, 1 2E0 ~,V Cat and 1
300 KW Cst.
All ele~ricsl csble.s, sre either t:uSed, susoended, or covered by rubber mst'Jng. Two 75,
Emergency generators sutoms.:ically corn'e on in 'the event of the failure of bo[h m~n generators.
All elevated end seating semi,ns are bsnistered by 36' high railino .....
All aisles within the seating sec'Jcns are 30' in w{dth. ' "
Es. ch of the four potable sas.'. :';s..:cns c~ntsin two water-type ,'ire e~inguishers ~ each end for
· tot~ of 16.
Each of the four main centerpcles of the Big TOp have two AEC Chemical fire ex;inguishers
mounted on either side for s tc~sl cf eight. - ,
Each generator vehic!e contains I ABC Chemical-type extinguisher.
T'ne Main Ticket Wagon Show Office contains First-Nd kit, Weather-Alert equipment, and mobile
cellular telephone. Local numbers of emergency support (Rte, Police, Ambulance) are kept on file
for each locale. Show msnacer, assistant msnaaem utilize walky-talkys for ccns~.~;
c~mmumc~,~cn on the C~rcus grcunds m the event of mishap or INJURY.
OCT 21 1997
ITEMS RELATED TO FIRE DEPARTMENT :
PLEASE NOTE THAT THE CIRCUS FIRE PROTECTION PRECAUTIONS AND
ECXJIPM~ ADHERE TO GUIDELINES APPROVED UNDER THE NATIONAL
STANDARD FIRE AND BOCA CODES. INCLUDE SPECIFICATIONS AS
NECESSARY IN REGARDS TO:. :
(1) Fire resistance materials
(2)
Posting of NO SMOKING signs throughout tenL Announcements made prior to and during
each scheduled pedormance. Circus personnel on watch to enforce NO SMOKING
ordinance.
(:3)
Number of and dimensions of widths and distance In regards to entrances, e~resses.
aisles and emergency exits. Fire lane mounds circumference of the Big Top,
Unobstructed enhances and egresses to sea~Jng areas. Number and type of lire
extinguishers available t~roughout ~e Blg Top both water and chen'a:~ types, labeled
as to current chm'ge, me and first-aid Idt for emergency medical treatment. Mobile
telephone and waii<y.talky radio for monitoring threatening weather condition.
National Weather Service telephone numbers on file on a per-ar .e~ basis.
RRE DEPARTMENT PERSONNEL SHOULD SCHEDULE INSP~ TO TAKE PLACE AT -...../=2._E~
· SAT..NOV. 22~ollowlng the set-up of the tent and related facii'dJas and prior to the first
scheduled performance before any member of t~e public has been admitted.
ITEMS RELATED TO HEALTH DEPARTMENT
(1)
Circus provides 10 chemically-treated portable -port-o-John- type toi]ets (~e men
and live women) for pubic use. Circus contracts local septic ta~ service to pump toilet
holding tanks on a da~ basis. Individual motor-home and travel trailer holding tanks
are on an "as needed basis'.
(2)
Clrcus contracts locally for two 20-40 yard roll off type dumpstem for animal and
patron, trash and refuge during the engagement. 1 dumpster Is positioned near
concession//ood service area for paper bash and the second Is positioned near the animal
compound for maure waste. Dumpsters are emptied during the engagement on an 'as
needed basis".
(3)
Food Items available to the public, its storage, Ixeparatlon and sewing fac~ties are
hodsed within a single trmler facility. Items ate soft drinks, popcorn, cotton candy,
snow cones, peanuts Cm'e l:~d<aged) and hot dogs. No Eozen dairy products am sewed.
Ice and hot dogs are purchased locally.
HEALTH DEPARTMENT P~ SHOULO SCHEI:X.R.E INSPECTION TO TAKE PLACE AT
SAT.NOV.22 2PM o following the set-up and preparation of the health and food
service facility, and prior to the sewing' to th~ first member of the pul ir,. AGE
OCT 1 1997
· ,,.-~, .~ ,..~.~\ 02/26,93 '. ~,.~
.. ~. ~ ~ .... ....
~his i~ ;o cur~Hv ,h~[ the materi~is doscribed have been tlame-ret~rd~nt treated
or nrc innere~tlv =~onintlemmable) end were supplied to:
' ' REC[flTIFt~
.'LYDE B .F~TTY COLE BROTItERS
.038 W. MAI{TIN ST
? O 13OX 127
FL
ANCHOR INDUSTRIES INC.
· ..',f4 · · .L ' : '$[3~'""1'4A'~"""
-: .~ F.~,,~-,.i,~;,~ :: ; J ,"lll~' ,~l~t t"i
32721-0127
DELAND /,:~ ~,c~STmrr. S ~.
Certification is hereby made that:
The articles described on this Certificate have been treated with a Ilame-retardant
~r)proved chemlcst .-.ad that the c,.pplic,ntion of said chemical was don~' ~.' .-.=nfcrmanco ~
· .,ztth California Fire ;/larshall Code. equal to or exceeds NFPA 701. CPAi ;34. ULC 109
The method of the FR chemical application is: .......
..... ~; ~:- ' ' BLUE & WHITE NA~FL -
· ' It) 140' X 282' l0 PC. ROUND END CIRCUS TENT
Flame Retardant Process Used Will Not Be Removed By
Washing And Is Effective For The Life Of The
· .N A tZU.,.[NC~3OULTON,ONTARIO'CANADA-- _'-~ -
1 1997
ALL[ED SPECIALTY INSURANCE, [NC.
[0451CU~_F BDULEVARD, TREASURE ISLAND, FL. 3370&
Tot1 Free 1-800-237-3355 National
l-a00-282-&77& Florida
CertiFicate Number' 126
CERTIFICATE OF INSURANCE
This certiFtce=e neither aFFirmativeIu nor negativelu amends, extends or alters
the coverage aFForded b~ the polic~(ies) described hereon and is issued as a
matter oF ~nFormation and confers no right upon the holder.
The golicq([as) identified below bu a policU nvmber.~s in
ce~tkF~ca~e issuance. Insurance ~s a~Forded onlq ~i=n respect' =o ~nose
covera es ~or which a s eciFic limit oF liabili{~ has been entered and is
subjecl ~o aZ1 terms oFPthe polic~ having reference thereto. Nothing herein
¢onta~neo shall modiFu an~ provision oF said policu.
[n ~he event o~ cancellation oF the policu, the compang.issuing said policu
~i1! make al! reasonable eFFort to send Notice oF Cancellation to the
certificate holder at the address shown herein, but the Compan~ assumes no
responsibilities Fo~ ang mistake or Failure to give such notice:
An~ insurance made a part oF the polic~ includes as a person insured ~ith
respect to an occurrence takin~ place at a Circus site, (1) the
Fair or exhibition association, sponsorinq organization or committee (~) the
o~ner or lessee there oF (3) a municipaliE~ granting the Named Insured
permission to operate a(n) Circus, but onl~ as respects bodil~ _.
injur~ or propert~ damage caused b~ o~ contributed to bq the negligence ot the
Named Insured mhiIe acting in the course and scope oF their empIogment.
NAME & ADDRESS OF INSURED:
Cl,~de Bratty-Cole Bros Circus
P ~ Box 127
32721
NAME & ~DDRESS OF C~TIFICATE HOLDER:
~rl t~ ~
7~0 Clar~
~les, FI.
PR)MARy CQ¥£RA~E
Coe~an~: Firemans Fund
Insurance Companu
Poltc~ Number: PG60~OTq
LIABILITY LIMITS
BI/PD OCC: ~1,000,~00
A¢¢: $~0,9~o, goo
Food Products:
P~licu period:
From:
To:
ADDITIONAL INSURED:
Kiwanis Club of Naples, its Officers, Directors
and Mmbers and Florida Sports ParklSwa~ Buggy
Inc.
$~,oo0, ooo
06/15/~7
06/15/98
DATES: Nov. 22 $ 23, 1997
EXCESS_C. JZff.
Firemans Fund
Insurance Compang
XS602080
godilu.In~urq
Properc~ uamage
$~,90o, 0o0
Excess oF
$1,000,000
$~,o9o, 0o~
06/15/97
EXCESS COVERACE _
Firemans Fund
Insurance Companu
XS602081.
godiiu Injur~ &
Propertg DamaGe
$3,000~Q00
Excess oF
$2,000,000
$~'000,0o0
06/15/97
06/15/~8 06/15/~8 * - COMglNED SINCLE LIMIT
Coverage shown herein applies onlu to those items scheduled on or endorsed to
the poIicq.
This certificate is not valid unless an original signature ap~
I COcA. noN:.FLORIDA
ZONED:.
OCCUPATIONAL UCENSE 1ggT/lg9~ RENEWAL NOTICE
W~E CI~CX ~^V~ T~ CCU.~. COU~r T~X cou~mr~
2800 N. HOI~ESHOE [:)~VE · NAPLES. FI.CX:UOA 34104
THIS UCENSE EXPIRES SEPTEMBER 30. 15
SPORTS PARK
MAKE CHANGES OR
~ PROY1OE THE FOLLOWING;
IIJSe4ESS Il O~P.~T~ON YES ~ t~ ';
~SS~wI~LMTS YES J f~ ~
~fCE ~0 AS ~q yES ': f~ W
LEGAL FOma
~Nonnou~ [
coR~:~ucrK~l I XXl
SHON.CARNIVALS
CORRECTIONS BELCher ~
P/:K~F'ESSI(:WA~ RE(:}. NO. BUSII'~..S~ ;,~
90/,-736-0071
CLYOE 8EATTY COLE 8ROS C
COLE 9ROS CIRCUS ][NC
P 0 BOX 1Z7
DELAND FL
3ZTZI-Ol, Z7
OCT 2 1 1997
~ I ~
ADD[~SS: P.O. Box 127
904-736-0071 '
OTY: Deland ~TAT~ ~'L ,,ZI~._ 32721-0127
CONTACT .FE~.SON:,
IN ADDmON TO TEE ~BOVE RENTAL AMOLm'~S. FLORmA ~R~ P~ ~O ~~ ~ ~OUO~6: :.
'' .' .:..:~':.~/'.-.:' .'' ' '7' "- ':-'~-"-- ' '' ' ' '~ :'
~ ~ r~lc for ~I ~g~ ~ ~ing p~m' of ~ ~H~ ~ ~ ~t ~o ~e II2,'PA~ 2 of ~s ~on~
· ." . .': .~.;.,~ ...~ :. ,~.:~: .;.:f?:;;~? :-...~.. ~..., :.~,::' ,:.....:..>~..."::: '~.~:'.j~ :, - ..
RENTAL AMOUNT: ~., 600.00 I~_=%TAL DCCLbDES U~ OF 30 -'ZFT. TABLES .~ND ~.25 .CHJ3/RS. '
SALES TAX:. .9~;_'nn ..
TOTALlY'orAL: :-'.l~,q~;_hn :.'-- -:=.~.k,.-.....--'; .......... · .... ;~ ......... '-----; -. · ........ .-..~-'-' ~'- .... ,.
PAYMENT SCEEDULE: .... PAYMENTS. ,~[AD£. . .... ~" .~: ,:~_, ..... :.,.~....~.. ,~ ,-.~,: ~'" ': lv~S~ 'B~E"-' '* ". ' ""'PAR)":' DI'""'C)~;~i. "'" '""'. '"*'~' ' "'~' '~''. '~'' ",_.. ,.-:.-.<" ':".'.
r~,S:.- ~oo.oo '~'ac~'~"~A~:. ~-=2-~.. ~, .... ~,'! .... : .. ~ .....' '..:. _.,., ..-.i
?~lance .o~ '~:~:I~.00 Due On .11-22-97 ' ,."" .
amount bccomcs non2rt~d~%l¢ i~'c:mcclhtion is m~d¢ ~th~n fi~z (~ d~.'s of renul d.n~c. C:uctlbtlons m.nde bc{'orc live (;~ cb}~ ·
rtn~l~ilibcc~itlta~or~u.~oraltn3odJtswi~~'~.'tio~or~$'"~,: ....... :'~ · deposit ~--'
· . ' _~."- . · . .' ;-:'. -..' . · .,e.'",- o ~: J. ;. ·
~y st~ninG¢~~ Vaccm'°' ~'tecutive Dircct°r I
One (I) Sc~ Caz~r, tr ~ approx. ~0 - 22. oz. cups
I/gs c~nt. mm, lin'ties m~rce to the tcrms ofPAGE 2 ~l'this ~ntrxt
oo
EXECUTIVE SUMMARY
PETITION NO. C-97.3, OUR LADY OF GUADALUPE CATHOLIC CHURCH, REQUESTING A PERMIT TO
CONDUCT A CARNIVAL FROM NOVEMBER 26 THROUGH NOVEMBER 30. 199'/, ON THEIR CHURCH
GROUNDS LOCATED AT 219 SOUTH 9TM STREET IN IMMOKALEE.
Our Lady of Guadalupe Catholic church, is requesting that the Bos~ of County Comm~ioners approve a permit to coMu~
a carnival from November 16 through November 30, 1997, on their church grounds located at 219 South 9~ S~-e~ in
CONSIDERATIONS:
Out Lady of Guadalupe Catholic Church has met all the requirements of the carnival permit procedures other than those
provided for within their reques*t for waiver of the Surety Bond.
FISCAL IMPACT:
The $200.00 permit application fee docs cover the cost of processing and required btspections. Howgver, waiver of the
:Tnou moua~d~Ve a. F!.$~. ! l .mpact. °n the C°unty if the applicant fai~ t9 restore, the site.back, to the ori~in,, condition.
en ~ E.m. oJe lot clean up and re. oration ofthe site. Irus perm/t; ~'~r I ~ _r~e'~.~Cvl fee ~ be
GROWTH MANAGEMENT IMPACT:
RECOMMENDATION:
That the Board of County Conunissioners approve the permit to conduct the Out Lady of Guadalupe Church annual ca~,,ival
subject to cott$ideration of waiver for the Surety Bond.
PREPARED BY
Rob~ J. Malhere, AICP -
Planning & Te~hnh~! Services Manager
REVIEWED BY:
DONALD. W. ARNOLD, AICP
%I~G SERVICES DEPARTMENT DIRECTOR
VINCENT A. CAUTERO, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAl, SVCS,
DATE
DATE
D ,A,'IT.
OCT 1 1997'
10 ~HE~, Ou~ Lady o~ Guadalupe Catholic Church,
~ suff~c:en: ev:~ence chn~
~2 carnival :r ex~:~::n as sec ~:::~ :n Ch~ce: i;, ~:::;e ::, ~usemencs aha
20
22
23
24
2S
211
2!
::¢ve~er ~, :~97, ~n accordance ~th t~e te i***~ aha conazt:ons sec
f:rt~ in t~e peccc:cner's appl::ac~:n a~d &~ :elated doc'.~encs,
Jtt&:~ed hereto sna :~cct~oc&tea
~E q, NE ~, of :he S~ ~ of Sect:o~ 4, T:~sn:p 47 South,
~a~ge 23 Ess:, :oil:et C:un:y,
The request :ct a waiver c~ t~e Surety Bona :s hereby approved.
32 MIT~:£$S my hand as Chaiman o~ said Boats and Seal o~ said County,
33 attested by t~e Clerk cf Court~ in and ~or sa~d County th~s day of
34 , 1997.
36 RTTEST:
39 ~W:GHT ~. 9ROCK, CLERK O£ COURTS
21
40
4~
42 APPROVED AS TO roR~ A~O LEGA~ surrzcz£Ncx:
44
4S
47 ~LA~JO~£ M. STUDENT
48 ASSISTA~I' COUNTY A~O~EY
4~
SO
sz
~OARD Or CCUNTY C:I~ISSION£RS:
COLLIER COCNTY,
T:MOT~Y L. ~OCKo CNAXIM~W~
HO, ~
OCT 1 1997
NOTE:
Please read reverse sid.
before comDle~ina thi,s
Copy:
Copy:
Copy:
Zoning Director
Petitioner
(2) County Manager
PETITION NO.
~.CARNIV~L 3~ERATION ~ETITION
97
DATE '
SEPTEMBER 16,1997
PETITIONER'S NAME: 9U~ LADY OF GUADALUPE CATHOLIC CHURCH
PETITIONER'S ADDR~S: 207 SOUTH 9th. STREET
IMMOKALEE,FLORIDA 34142
(941)657-2666 -657-6
~ELEPHONE:
PROPERTY OWNER'S NAME: VlLMAR ORSOLIN,C.S.
PROPERTY OWNER'S ADDRESS: 207 SOUTH 9th. STREET
IMMOKALEE,FLORIDA 34142 TELEPHONE:(941)657-2666-657_6
LEGAL DESCRIPTION OF SUBJECT PROPERTY: SE%,NE% OF THE SW% OF SECTION 4,
TOWNSHIP 47 SOUTH,RANGE 29 EAST,COLLIER COUNTY,FLORIDA
GENERAL LOCATION: 1 BLOCK ~OUTH OF STATE ROAD 29 on 9th. STREET
CURRENT ZONING: RMF-6 CURRF. NT USE: PLACE OF WORSHIP
NATURE OF PETITION: A REQUEST IS HEREBY MADE FOR A PERMIT FROM THE COLLIER
CUNTY TO HOLD ANNUAL CARNIVAL FROM NOVEMBER 26 thur NOVEMBER 30,1997
THE FOLLOWING
TION, SEE REVERSE SIDE.)
3.a. YES
3.b..YES
3.c. YES
3.d. YES
INFORMATIO~ IS INCLUDED IN THIS PETITION.
3.e.1)., YES
3.e.2) YES
3.e.3) YES
Comments:... ~ ,,- '
~IGNA~Ua£ OF PETITIONER '
3.e.4) YES 3.e.7)
3.e.5) YES 3.e.8)
3.e.6) YES : 3.e.9) YES
(FOR EXP~A-
YES
YES
DATE R~r/EWED by Board of County Commissioners:
Approved: Disapproved:
Co~ditions of Approval:
SIGNATURE OF COUNTY MANAGER
Excerpt from Ordinance No. 75-!1 Filed Secretary of StaTe 2/6/75
3. ApplicatioN' and Fee for Permit. A minimum of twenty (20)
days before occupyihg the carnival or exhibition site, an application
for a per, it shall be submitted to the County Manager in four (4)
copies accompanied by:
a. A surety bond in the penal sum of $2,500, issued by a
company authorized to issue such bonds in Florida, conditioned upon the
operator complying with each provision of this Ordinance and subject to
forfeiture under the terms provided in Paragraph 8 hereinbelow.
b. Evidence of current public liability insurance coverage,
issued by a company authorized to do business in Florida, in the
minimum amount of $100,000 for any one person and $300,000 for any one
incident.
c. A no~Srefundable fee of $200.
d. A current occupational license issued by the Collier
County Tax Collector, and ~
e. Including the following information:
1) The name and headquarters address(es) of
carnival or exhibition company(les) with a direct or indirect financial
interest; name(s) and address(es) of any sponsoring organization(s),
and the name and local address of the applicant representing the
carnival or exhibition company(ies);
2) A description of the every activity to be conducted
sucres but not limited to, menageries; circus and side-show perform-
ances; -amusement, merry-go-round and other ride activities; food and
drink d£spansing facilities; booths for conduct of games of skill or
chance not prohibited by State law to be open to the public for an
admission or participation fee and number of persons to operate the
activities;
3) Name, identification and social security number of
each person accountable for the operation of each activity;
4} A description and sketch of the site showing the
location of each activity proposed, the locatioh' and number of sanitary
facilities; parking facilities, and provision for lighting and public
water; '
5) Application for Food Establishment Operating Permit
from the County Health Department as required by Ordinance 74-45.
6) The plan for refuse, garbage, debris, and sewage
disposal during and after operation of the circus or exhibition.
7) Provisions for traffic control, fire safety and
security precautions;
8) The date and time each activity is to be conducted
and concluded;
9) Written approval from the owner of the proper~y
authorizing the use of this premises for such carnival activity.
10) Legal description of property to be utilized.
OCT 1 1997
September 16,1997
CAR/~IVAL OPE.RATION 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. Information 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.S.
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)
AG£.~
NO.
OCT 1 1997'
..... - -- - n, n ....... ,I ...... .
PRODUCER
~ J. Ga~her & ~.
P.O. ~ 02-52~
~, ~ 33102-52~
OUR ~DY OF GUADALUPE CA~OLIC CHURCH B
I
f
P.O. ~ ~
V~. ~ ~2~2~ D
i~ CP64~3 I 4/1~7 ~1~8
~'~ ~'~- -- ~ Qualified Self Insurer ~ 4/1~7 4/1~8
x ~ CP~773
I
I
p~ ~ ~C0136092 ~ 4/1~7 411~8 ~-~ s 1.~.~
R~ ~~TO BE H~ ON NO--BEE ~ - ~. 1~7.
~ ~OF ~ ~C CHURCH
~mo~ ~~ I
~NME~
~ (210)
~endel S. Kaltff Znsurance
1250 NE Loop 410 ~308
San Antonio, TX 78217
HOLDER. THI~ C~TE DOF.~ NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCHES BELOW-~
FAX C2~0) 829-7636
COMPANIF~AFFORDJNOCOVERAOE
St. P~ul ~urplus Lines Zns~' Co
A
A~n: Peggy Schulz ExC
Third Generation, Inc./Tolve Presentations
Steve Tolve
269 Orient Way
Lyndhurst, N) 07071
A
ANY AUTO
N.L OVW~D AUTO~ . .
SCHeDUlED aUTOS
(P~ ~l S
~ED ~0S · ---
AUTO ONLY · IA ACCIDENT S
ANY AUTO
$
1~ Imo~m~To~ "*
OTt~A
'*REV~SED CERTZFICATE**
EVENT DATES: 11-24-97 T~ROUCH 12-2-97 LC)CAT/ON: CHURCH GROUND~
OUR LADY OF GUADALUPE
AT'TN: R~. ~R ~LZN J
Shaw Insurance - Naples
Airport Pulling Road
FL 33942
SPECIALIZED GUARD SERVICES
3012 S.E. 22ND PLACE
CAPE CORAL, FL 33904
!
..... ~,-~,,.~.,~..., ............... :,..,.......,.. ....... ..... ~.'..'.',, · ' ....... / 19
THI~ CEJTrlFICATE IS ISSUED A~ A MATTER OF INFORMATION
ONLY AND CONFER~ NO RIGHI~ UPON THE CERllFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEHD, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POMCIES BELOW.
COMPANIES AFFORDING COVERAGE
A SCOTTSDA?--E/ BURNS
& WILCOX
TH~8 II TO CE]TrIIy Tt~T THE P(:X.K::~ OF ~ USTED BELOW HAVE BEEN 18~/ED TO THE IN~,iRED NAMED ABOVE FOR ~E ~ ~
IND~..ATED. NOlWTT14~ ANY REQUIREMENT, TERM OR CONI:~'X:)N OF ANY CONTRACT OR OTHER DOCUME~ W1TH RE~PEGT TO WI. ECH TH~
~r~/nll~ATE MAY ~ ~ ~ MAY PERTAIN. THE II',I~,JI:IL~E AFF~ BY THE ~S ~BED HF.F~ I~ 8UBJEGT TO ALL THE TERM~
07/08/97
07/08/98
02/09/97
l~000t00(
lt000t00(
1~000;00(
1~000~00(
50~00¢
St00f
100,000
S00,000
100~000
OUR LADY OF GUADALUPE
207 South 9th Street
Immokalee. FL 33934
941-657-3431
C.T, c'3
OCT 2 1 1997
ARNIVAL 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,
Gloria Contreras,
Anis Gedeon
Catalina Lechuga
Nativid Ayala
Rosa Mar~inez
Artemio Lozano
Laura Lozano
Neftali Ortiz
Lucy Ortiz
Rueben Marquez
Maria Marquez
Benjamin Marquez
Andes Marques
Nereida Marquez
Isabel Marquez
Jose Marquez
Ch. employee
Ch. employee
Ch. employee
Ch. employee
Parishioner
Parishioner
Parishioner
Parishioner
Parishioner
Parishioner
Parishioner
Ch. Employee
Parishioner
Parishioner
Parishioner
Parishioner
Parishioner
Saturnino Hernandez Parishioner
Aurora Hernandez
Digna Martinez
Eduardo Silguero
Salvador Garcia
Dahlia Garcia
Adan Contreras
Norma Contreras
Parishioner
Parishioner
Parishioner
Parishioner
Parishioner
Parishioner
Parishioner
Anastacio Contreras Parishioner
Sylvia Contreras Parishioner
Natvidad Gamez Parishioner
SS#449-80-9292
SS# 263-64-4965
SS# 594-39-3280
SS# 536-03-6239
SS# 455-64-2495
SS# 265-13-4519
SS# 267-62-9181
SS# 263-68-1167
SS# 581-86-0094
SS# 463-72-1256
SS# 092-42-8033
SS# 261-04-5155
SS# 592-05-0861
SS# 534-84-4685
SS# 266-93-8520
SS# 266-93-7617
SS# 092-42-8226
SS# 460-33-9200
SS# 460-33-8391
SS# 261-97-4679
SS# 265-37-1801
SS# 267-91-3047
SS# 262-83-0179
SS# 463-58-6585
SS# 451-64-6861
SS# 460-65-4373
SS# 265-73-9524
SS# 387-42-2946
6. For a description and sketch of the si=e, see
next page. A water fountain is located in our
parish hall, one outside the Soup Kitchen and
another in the Church. We hav~ eight(8) funch-
tioning toilets in different church building
and we will rent (8) eight portable toilets
for the duration of the carnival.
OCT 2 1 1997
'S~UT H
ptQ-zo,,
OCT 2 3. 1997
;~j~ .~~ State of Florida
Department of Health and Rehabilitative Services
Sanitation Certificate/Operating Permit
Food Program
Issued to:
Guadalupe Center
211 S 9th St
Immokalee FL 34142
Mailed to:
Our Lady Of Guadalupe Cath. Chu
P O Box 1053
Immokalee FL 34142
Permit Number
11-48-00180
Occupancy/capacity:
88
Fee Paid: 160.00
Effective Date: 10/18/96
Expiration Date: 9/30/97
OCT ~ 1 1997 /
~ NOTIfiCATION FORM FOR TEMPORARY EVENTS:
Name of event Annual ~au0~va~
Address of event 219 S 9th.STREET,IMMOKALEE,FLORIDA 34142
Date(s) of event NOV. 26 thur Nov.30,97 Hours of operation6:00 P.M.-ll:00 P
Sponsor of event OUR LADY OF GUADALUPE CATHOLIC CHURCH
Address of Sponsor207 SOUTH 9th. STREET,IMMOKALEE,FLORIDA 34142
Person in charge of food service FR. ¥ILMAR ORSOLIN
Phone (941) 657-2666 Or 657-6303
Number of food and beverage booths 14
Estimated number of attenders expected at the event at one time? 3,000
NLLmber of toilets to be provided:
Portable: Male ( 5 ) Female ( 5 )
Permanent: M~le ( 8 ) Female ( 8 )
MethodWATER AND of toiletI~tesEwER disposal: PORT - O- LET,NAPLES,FL. AND IMMOKALEE
Describe method of liquid kitchen waste disposal: IMMOKALEE WATER & SEWER
_INC.
Describe containers and m~hod o~ solid ~as%~d~Dos~l
DumDsters from Immokalee,olsposal 1nc. plus
Number of solid waste disposal containers provided: 3 large ~umps=ers
Describe facilities and method of hand washing:
containers with wa~er spouts eno wa=er coolers ,soap eno paper~ uowe~
Describe facilities and method of utensil washing, rinsing and
sanitizing: Sink in Soup K~tcnen '
Source of potable water: water coolers and containers with spouts
For information and assistance contact:
Environmental Health & Engineering Department (813) 643-8499.
SECURITY SERVICES:
!!
~d~ OUR LADY OF GUADELOUPE CHURCH
Address: 207 S. 0TE STEEET - TtvgV[OK.A~EE, ~"'L 33934
~ Telephone:
PUR~=OS,F..: The purpose of this agreement is to create an understanding between
the above named cllent.(Client) and Specialized Guard Servicas (Company).
SI=--RVICF. TYFF_.: Freviding payment has b~en made as agreed, the company will
provide:
,~ ~.A:med Security Officer(s) r'; Unarmed Secudty
t'l ~. Patrol Service with Trained K-9
Armed Secudt,/Officer(s) Wit,h Trained K-9
__.Unarmed Security Officer(s) .With trained K-9
~;.;CLUDED AT ,',JO EXT,~, C~HAEGE, is beck-up help prodded .by the company's road
petrol officers. The company reserves the right to upgrade frbm Unarmed Security
Officer(s) to Arm, ed Security Officer(s) at any time, ~h no e.'dra charge to the client.
~HOURS:
The hcu,"s shall be from
~i~' DAYS:
IvoV-7..6 .~h,-,,.,, ~ov 30
Wednesdsy..~ Thursday
~/Frfday~ Saturday.,j~ Sunday
.~R;::PORT$: Reports 13 are required, t'l are not required.
Repod. s a,'a to dropped cfi each dry of service
w,~:,.,., rules the properly s.~ that i:;r~l=er
enfc,.rc'"_ment may be provid.,~'J. The client also agre~.s to notify, the company of any
chili:ss mr_.d~ to the ""-~ '
,~.,=.. Th~.sa r~les an~ th~ s;,~c[a! ~nditions r,~t~d below ,,rill
bec. oma part of the "post orders" that each .~ecurit,/offic~-r is require,'J to ~oiiow.
ADDITIONAL SPECiFiCATiONS: Eoth the c~mpany end the c~isnt
undamtand, and s[;r~e tc ab:,da b~" any additicn,~l specification-" .-,,,.-.,.,,.=..-':-""-~ _..--'=- Exhibit "A".
' E RGENCY TELEPHONE NU~FJ, F-R$: Th-. c!;-..,,t ,-'.rcvldes th3
following personnel names and tsl~phone numbers to
The c. Jient ar.,r-~"'..~ tc r, ctff'..'/the ccm,':.3ny cf any ch~n~es to this list.
I. '- Phone:
2. Phcr~:
3. Phone:
l OF CONT.RAC I
d,".,~ , b~innincjcn i//1.&,~'7 and ending cn../J/2, o/qT . -
This c~cr~tra ~
ch'ice thirty (30) d.~,s pdcr tc end cf initir, i -%;reement
'~ P,,~T~.' The rate she. il be set by the hour a[ "' I "]-'¢J") '
·
STATE TAX. The rata sh~i; ba double time for th~
~even n~ional holidays are: New Ye_.-,"s Day, Easter Sunday, Me.'nodal Day, Jul;; 4th.
Labor Day, Thanksgiving Day, ~nd Christ. m~s Day.
° *TERMS: The above noted re," -'--" be --~" '":"-:" .~0 dr..y= c'
· - ~,,~.,, ~,,.,.~, ,,,~.,,,, ....__._ . r.~c~!.~t Cf
statement. Ail past due accounts are subject to a 1.5% interest rate PER MONTH.
p,sr 7ear). if the ciient ~ha!l be more ~han 30 days ;:asr dus, the .~,'vlc~ may
suspend.~:! without notice. The ci!-.nt egre"-s to .oey all collection costs, including
attorney's fees, should collection procedures be requir6d. If we receive a bounced
check, your account will be cherge,'J $25.00 for the flint occurrence. Your account will
be char~ed $35.00 for the s~ond cccu,'Tance. After the second occu,,'rance, tva will nc
longer accept payment except by cash, money o~er or certified bank check.
Statements to be delivered: ,/~ Ws-ekly r'; Every two [2) weeks
OCT 1997
WARRANTY: 'i;he company will make every effort to provide the finest in security
~e,n.'ics~, hcwever, there is NO VVARRAN'-Y fc.r l;ur~lar',.,, t,he~, c~ vand~sm te the
propem/. Client agrees to HOLD HARMLESS, nov.: end forever, the company end it's
employees from damages caused by any criminal activity.
~INaURANCE: The c--,mp=,ny will is-.ue a ~tandard certificate cf in.~u.,'ance
outlining the coverage maintained at the request of the client, if the client requests that
the cert~cste of in.~uran~ names the al!ant as an ad...it[cnal Insurad, the c![ent,,,"'--'",,..,
bear that additional cost.
' -.CANCELLATiCN: Due to [he s.oc-c..ial ~rainina and irwes.'.mem r.,.~uired to
begin a new acccu'nt, each ,-',"',, .... '~;'-":,-'- ' "
thirt'/(30) days wrf';.t~n notice.
~,,,,,,,~,,, This is the entire sCreemen[ ~hv~n the pallas.
No cther representaticns ~re made cr agreed.
For. ~c, eciaii..ed Guard~'~rvices
OCT ~ 1 1997
CARNIVAL OPERATION 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 Specialized Security and Armored Guard Services has been
contacted, Gregory D,Renzo signed contract with Father
Vilmar 0rsolin,
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 November 26,1997
through Sunday November 30, ,1997. The hours of the Carnival
shall be from 6:00P.M.to 11:00P.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 November 26,through November 30,1997.
OCT Z 1 1997
EXECUTIVE SUMMARY
' I~'H'HON NO. C-97-5, REVEP. END JOSEPH SPINELLI, OF ST. ELIZABETH SETON CATHOLIC CHURCH,
P. EQUES'f~G A PERMIT TO CONDUCT A CARNIVAL FROM NOVEMBER 5 THROUGH NOVEMBER 9, 1997 AT
AVENUE S.W., GOLDEN GATE, FLORIDA.
Revem~ Ior, eph Spinelli, of St. Elizalxth Sc-ten Ca~olic Church is requ~'tin~ thai tl~ Board of County Commissioners
aiM~ove a pem~t ~o conduc~ a carnival from Novcmlx~ 5 thwu~h November 9, 1997, at 5325 28* Avenue S.W., Golden
CONSiDERATION~:
'[h~'i~ a req~es~ by ~e Reve~md $o~'ph Sl~nelli on behalf of St Elizabe~ Scion Church md School for ~ of ·
~ permit for Iheir .~,~al fab. Let~ of no objection from ~he GoMen Ga~ Fi~ Control & Rescm ~ _~_ the
Tl~even~has~ak~nphceforthep~st 20y~v~. Over thi~ time, apl~M~ia~, measur~ have been ~ke~ to es~are the safety
and security office public. Staffis confident, based on the information submitted, that adequate safety, sec-adty, and crowd
co~rol mensu~s a~ in phcc to erfurt an orderly event
GROWTH MANAGEMF~NT IMPACT:
Non~
RECOMMENDATION:
That fl~ Board of County Commissioners approve the pen~t to conduct the St, Elizabeth Scton Catholic anm~
carnival/fab.
IR, EPA,RED BY
l~nnnlng & Technical Services Manager
REVIEWED BY:
DONALD W. ARNOLD, AICP
Permit No.
PERMIT FOR CARNIVAL EXHIBITION
STATE OF FLORIDA :
COUNTY OF COLLIER:
WHEREAS, Reverend Joseph Spinelli of St. Elizabeth Seton 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, Reverend Joseph Spinelli of St. Elizabeth Seton 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 10, Article II, Amusements and
Entertainments, of the Collier County Code have been satisfied and that
such carnival or exhibition will be conducted accordinq to lawful
requirements and conditions;
NOW, THEREFORE, THIS PERMIT iS HEREBY GRANTED TO Reverend Joseph
Spinelli of St. Elizabeth Seton Catholic Church:
1) To conduct a carnival or exhibition from November 5 through
:lovem~er 9, in accordance with the terms and conditions set forth is
the Petitioner's application and all related documents, attached hereto
and incorporated herein for the following described property:
(See attached Exhibit
WITNESS my hand as Chairmmn of said Board and Seal of said County,
attested by the Clerk of Courts in and for said County this
day of , 1997.
ATTEST: BOARD OF COUNTY COmmISSIONERS:
DWIGHT E. BROCK, Clerk COLLIER COUNTY, F~ORIDA:
Approved as to Form and
Legal Sufficiency:
harjg~J.e M. Student
Assistant County Attorney
TIMOTHY L. H~CO~K, Chairman
OCT 1 1997
GOLDEH GATE FIRE CONTROL & RESCUE DISTRICT
4741 GOLDEN GATE PARKWAY · NAPLES, ~FL. OrRIDA 341
(941) 455.2121 FAX (941) 45~79~
October 7, 1997
Reverend Joseph A. Spinelli
SC. Elizabeth Seton Church
2760 52nd Terrace S.W.
Naples, Florida 34116
Dear Father Spinelli:
This letter ia to acknowledge receipt of your correspondence
pertaining to the St. Elizabeth Seton Catholic Church annual
festival to be held on November 5, 6, 7, 8 and 9, 1997.
~his department does not object to your having the festival,
however, we must insist that all fire codes and safety codes
be strictly adhered to. In addition, it will be necessary
for all festival facilities to be inspected by a fire
department inspector after they are set up and prior to
their being opened to the public.
Thank you for your cooperation.
Sincerely,
~t e r a&~
Fire Chief
DRP/pm
cc: Collier County Zoning Department
St. Elizabeth Seton Church
2760 52v, d Tort. S.W. I'l N~les, FL 34[16 13 (94I) 455-1900 13 Fax: (941) 455-689:~
~mi--io~r~ of Collier County
Bo~ ofCoumy Comm/ss/oa~
PO Box 413020
Napl~, 1~I. 34101
Pg~ Comm;~giO~Cr~;
SI. Elizatx:~h ,%ton Parish will bc conducting tl~ annual Fcsdval to rais~ fuads for thc operation
ofth~ Church and our Elementary School in Golden Gate.
The Parish Festival will ~ pla~ on November :5,6,7, 8 aad 9,1997. Thc hours will b~
We, daesday, Nov. $ from $:30 to 10:00 p.m.; Thursday, Nov. 6 t'mm S:30 Io 10:00 p.m.; Friday,
Nov. 7 from 530 to 11:00 p.m.; Salurday, Nov.8 from 1.1)0 to 11:00 p.m.; Suaday, Nov. 9 from
1:00 U) 9:00 p.m.
Th~ C-olden Ga~ F/r~ Dcpanm~L Colli~r County's Ambulaac~ scrvicc, ami thc Shegffs
Dcparan~t have all bccn informed as ~o thc ting and placc oftbc Festival
Thc Wastc Managcmcm of Colllcr County has bccn conlactcd and will b~ rcspons~lc for
rcmov~g thc trash from fl~c grounds, and if this fails, fl~c Church assumes thc responsibility of
rcu~ndng tl~ tra~ Tbcrc will bc ponablc toilets in several locations.
There will bc parking facilities in the lot adj~ to thc church, al Wirm Dixic Plaza, at K-Mart
Plaza ~d also thc Bamcu Bank pa~ing lc'..
Encloscd please fred a drawi%a designating thc location of thc booths, ride. s, and otho' faciUtic~
for thc Festival
Sitl~cmly, ~
R~. Joseph Spiaclli, O.S.~
Pastor
OCT 1199'/
]U~2~Q~ )WZ~Z~Z~TZON FORM FOR TEMPORARy
Address .~/~ ~ / /.
~at~(m) o~ event ~ Z?-/~ /~our~
Sponsor of event ~.~ ~
Addre~ of SPOnsor . ~ -- . ~~~
Person In charge of food ~e~ict ~~.
Phone ~ ~
Number of food and beverage booths
Estimated number ~f attenders expected
time? r~. -~ooo ._
Number of toilets to be provided::
Hethod of t -- t ~ 'F~male ( )
2_ -,-- -o~let w~ste disposal:
Describe containers and method of solid wast
(garbage)=
Nund3er Of eol,d waste disposal containers prTlded= ~_~_~~_~
DesCribe facilities and method of hah .
~ ' ~ ~.~v~ dwashing.
Describe facAlities and method
and *anl=lzing~
Source of potable Water: ~ ~.~
No. ~
OCT 1 1997
A~_the ~POnaor of this event You are res o
aXX £oo~ Vendors o~ ~ .... - _ '_ P risible to
Failure to compl,- ma ........ .ry . od se=vice requirement
public health ~ r suD~ecc ~e ooo~hs to be closed
Yes_ ~ reasons. Do you understand this completely?
- No
Z certify that to the best of m knowle
2~_statements contained hereinMan~ __ ~ a~ b~lief all of
~ ~. ~n¥ a~acnments are
~ua, cor~ect~ complete, and made in good faith. X
understand that ~heae regulations inc
service ~o the m ~ ......... ~ude food ln~ended
~u...~ ~garaAess O~ w~e~her there is a for
charge for the food. I agree to assu
~hie event and certifv that --'~ - .me responsibility for
~ uaxG D~sLneBs Will be conducted
xn compliance with the Florida Administrative Code, Chapter
10D-13.
.t 0
Date
OCT 1 1997
BOOTH NOTIFICATION FORR FOR TZHPORARy ~NT8
Hame of event= ~~_~
~ame of ~ooth:
Florida Administrative Code, Chapter 10D-13 requires all
fo~ to come from an approved source.
All food storage,
Preparation and utensil cleaning for this even= shall no= be
done In private homes.
Method of keeping food hot and/or cold at eve ·
~'~ ~ ~__. ___ .~~ /~ .... .~-. _J ---nt site.
Method of cooking food at the
Food must be protected from dust, insects,
sneezes.
location:
flies, coughs,
How wll} you provide this protection?
type of structure. ~. . Describe
Adequate facilities and supplies shall be provided for
employee handwaehing. How will you provide this?
OOT 2 1 1997
"'-, 7
accordance ~Xth Chapter ~OD-L3~ FlorXda AdmXn£strat£ve
Code~ ~a~ resul~ Xn en~orcemen~ ac~Xon. Do ~ou understand
cer~Lfy ~hat to the best of my knowledge and belief
statements conta£ned hareXn and on any attachments ara
t~ue~ coz-rec~ completer and made 1n good faXth, X
~deret&nd that these ~eguXat£ons £nclude food £ntended for
servXce to ~e p~llc FegaFdXess o~ whether ~heFe Xs a
c~ ~or ~e fo~. X agree ~o assume ~esponsXbXX~7
~LI ~s~abLishm~n~ and X ce~Xf7 ~ha~ saXd busXnass
conducted Xn oomp~Xanca wX~h ~ha F~orXda
°o o · '.: o · o
'4
No.
OCT 1 1997
P,.
Z~[]~.4T~ ~3OT~ NOTZFICAT:rON FORM FOP. TEI<PORAR¥
Name O, .ven~:~. ~~'
Florida Administrative Code Cha "----------------
food to come from .... '. pter 10D-13 requires all
-- approves source. All food storage,
preparation and Utensil cleanin this event shall not be
done in private homes, g for
L~cation of advanced ~reparation: v " ,'~" : ..
How will food be transnorted to ev ....... '---'----------
~ethod of cooking food at the location: ~
Food mUSt be protected from dust, insects, flies, coughs,
sneezes. How will you p~ovide
type of structure: = . this protection? Desc-~-
Adequate facilities and supplies shall be prOVided for
employee handwashing. How will you provide this?
OOT 2 1 1997
Coda~ may result In enforcsmjnt action. Do you understand
Z ce~-l:~fy ~hat to ~he best of my knowledge and belief all
~ho s~a~anents contained herein and on any a~tachmen~s ara
t.ruo; correct, complete, a~
u~ero~and ~a~ ~ese requla2~ono ~nclude food ~n2ended
~na~ Ear ~e ~o~. I a tee ~o .... '
~lm ea~blLa~en~ i q asses res~on~b~l~ ~or
........ .. nd I ~e~ify thaC said
OI~T 2 1 1997
;,
PeGgy Schulz L~ A
Thtrd Geflera~on. Zflc./'rolve Presefl~ac~ons ' c, cw~,w.r
S~eveTolve I
2690~Jen~ay cof,,,m,
LyMhurst, N] 07071 C
Sc. Paul Surplus L1nes Ins. Co
LC05S3061S
01/24/1997 01/24/1998
paooucra, cmm~pam · 1,000,0~
I(X~Y mxf~y
$
AUTO GM,,Y · IA d~.~OEb'7 $
I
LOCATION:
EVENT DATES:
2760 S2ND TERRACE Skf, GOLDEN CATE, FL
11-3-97 THROU~ 11-10-97
ST. ELZZABETH SETON C~T~O~IC CHURCH
AT'TN: REV. SPZNELLI
2760 S2NDTERRACE SW
~X.DEN CATE, FL 33999
3301 Tamlami Trail E~, N~a~, FL 34112
(aC .41) 774-4434
September 29, 1997
Rev. Joaeph Splnelli
St. Elizabeth Seton Church
Naples, FL 34116
Dear Rev. Spinelll=
We have received and reviewed the Request for Security for
the St. Elizabeth Satori Festival running from November ~-g,
1997. '
The plans are hereby approved by the Collier County Sheriff's
Office and adequate security will be provided.
Oueationa and conoerna should be directed to me, or Sgt. Mike
Wittenberg, as representatives of Sheriff Don Hunter.
Very truly yours,
Lt. William C. Stleas
Golden Gate Substation
Wa/spt
CHURCH
I House' ~ __
08L~EE
OLD RE. F1JT~[ IC SURF.~'Y COMPANY
P a BOX
WINTER. F'/~'eK, FL 3279~-4~8
,r.;'l'o F,'I.1ZAI~I.TH SF:'T'I.1N FEtS'I'] YAI.
27~0 52N1~ TERF~AC, E
NAPLES, FL
Itlr~ f;O;1H,, COl I T[.P CTY
3JO1 E* TAMIAMI
CONTINUATION CERTIFICA
I uFic~n4 ~TI
1 ~
DAY OF ,.roi.Il. y
JO 9'7
Ili Yf ri'l'.T'll%'l, lC ~,,L.q'::F'TY
0CT I 1997
,
o~52.04 nnd 205, Golden Gate C -
.... · -,T, a'AO~'lda. '--'-~ ~(mcorc~a o£ Co111ex-
Also lot $, Block 201 G
_t]nlt ~, eccor~(-- ,- -: .olden Gate
Pages 124 t~ ,..w .u p~at bOOk $.
OCT ~ t 1997
· I~. ~)
EXECUTIVE SUMMARY,,
ADOPT AN INTERLOCAL AGREEMENT BETWEEN COLLIER
COUNTY AND THE CITY OF NAPLES TO PROVIDE FOR A FEMA
COORDINATOR
O~VE;
To obtain Board approval to adopt an interlocal agreement between Collier
County and the City of Naples to provide for a FE3~ ~~or sad
approve the necessary Budget Amendment(s).
¢ON W T O,N, ',.
The geographic location of the City of Naples and Collier County is an area
vulnerable to flooding, especially from tropical disturbances and storm surge.
As a result, floodplain management and flood b_~rd mit/gat/on are two
important areas that must be c. onsider~. FEMA (Fedmd Em~nod
Management Agency) and the (CRS) Community Rating System are two
important programs. The Community Rating System was designed to rmward
commu~ties for undertaldng floodplain management and hazard mitigation
activities that go beyond the minimum requirements set by the National Flood
Insurauce Program (NFIP). Under this progrma, poiats are awmxled for each
activity. A five percent (5%) discount in flood in,mraace premi,~-~ for the
connnuaity's residents and business owners is awarded for ev~ 500 points
Presently, Collier County and thc City of Naples arc two separate
comm,mitics working independently on their CRS Programs. Coordlmvfing
the efforts of both commtmities would result ia a more effic/ent and effecgve
program. Both Collier County and the City of Naples started their C-'RS
Pro_ix'am in the early 1990's. At present, Collier County b-~ a rating of ~,ven
(7) which transla~s to a 15% reduction for the citizens of CoEicr County.
The City of Naplc~ had a rating of eight (8) which trgnslated to a 10%
seven (7) starting October 1, 1997, which wensl~ to a 15% reduction for
1997
In 1996, Collier County residents paid $15,429,475 /n flood insurance
premiums. The res/dents of the City of Naples paid $4,470,745. By
participating in the Community Rating System, both the County and City
residents saved approximately $2,806,203 in 1996 alone (see table below).
Community ~ Collected lY~om~t Premium Total l)is4:ount Amount
Conier County $15,429,475 15% $17,743896 $2,314,421
City of N~les $4,917,$19 10% $5,409,601 $491,782
Totals $20,347,294 $23,153,497 $2,806,203
With this pilot program the objective is to maintain and improve the CSR
rating of Collier County and the City of Naples. Our objective for the first
year is to receive a rating of six (6) which will translate to a 20% reduction of
flood insurance premiums collected for the citizens of Collier County and the
City of Naples.
.FISCAL IMPACT:
Funding for the FEMA Coordinator position will be paid 50% by the City and
50% by the County. The City of Naples will pay all expenses up front and
bill the County on a quarterly basis. Additional expenses shall be decided
upon mutual written agreement by both parties. Below is a chart listing the
anticipated expenses.
Budgeted Items Projected Amount
Salary and Benefits S40,000
Prin~8 ~md Mailing $7,O00
Vehicle S7,500
Computer $2,500
Cellular Plmne $I00
Work axea at City 8: County
Total $57,100
The cost to the County would be half this amount or $28,550. Staff
that they have worked approximately 440 hours of overt/me at a cost of
.approximately.S9,700 during the past Fiscal Yem' compiling FEMA data and
etc. v ¥ ~ t3uaget prowdes a like amount ($9,700) that would be ~ved oby
tmnsfening these functions. In addition to that, staff answer~ in, -'-' .....
information, provides copies of flood maps, elevation terrific !es,
provides materials for the public at central locations, and attends seminars
and workshops dining the course of a regular workday. These duties would
be .~T~ed by the FEMA Coordinator ff this Interlocal Agreement is
approved. The approximate net cost to the County would be $18,850 and
would be appropriated via a Budget Amendment(s) bom C, ommm~ty
Development Fund Reserves (113-919010).
GROWTH MANAGEMENT IMPAq'T:
With the projected lower rating (class 6) both Collier County and the City of
Naples would rec, eivc an additional five (5%) discount on flood ~~
pr~. Based on 1996 totals, the cil/zens could expect an additional
$1,824,496.40 in reductions offtheir flood insurance premiums.
RECO~MMEND, ATION:
That the Board of County Commissioners approve the interlocal agreement
between Collier County and the City of Naples for a FEMA Coor~or and
approve the necessary Budget Amending).
SUBMITTED BY . _ . Date: //). t y. Y~
Ed Peri,o, CBO Buildin~ Oflici~l
Builcti~g Review & Pmnitting
OCT~I 1997
J.94]."~,~Z25 ~_LITY ~r'TCla,EY ,r;'3 P82 OCT 13 '9"/ /2zg:J.
V~a-IE.~, the Cay al'rd Cmmt~ ~ pltl~:l~ In FEMA'. N~rml Plood Irmumnc.
Program .~d me Cammur~ R.~ng e/mm; mi
e
OCT~I ~997
l~l~4aZ~ COI.NTY~~
4'?3 ~ OCT 13 '97 12:01
~ :)20 -- Map Inf~.' rmmtbn
· Prr~de kffom'mt~n ~rdlr~ tim Flood Inmurmnm ~ M~p
fl~ h~zard, m~p ~fthe Iocml fl~3d Mz~d, flood wmrnhlO mymimfl~
matt,/, fltmd In~r. nce, pm~rby pr~mc~n maMun~,
pmm~on mlz~nM wl~ ml~o be ~mdv~U~d in tt~ pub(Icatkm.
Condu~ other oulzmi~ pmJecb, m,'ch ~ pnme~Uarm to
pro~~ (~g~i~m, m, ch~l groups, ~'
mm:tin, nm, ~.
· Emiai:)~d~ hiz~rd dis~a~um mtindmrcli far mil mm m~mr~s ~
r~lfy thom Inl~mtmd In purchlsin{I propertt~ lm:mgncl In the
SFH~ 1130Ll~ [ IIkDod t"l,lz~rd and flaacl Irmumflc~ puml'mse
requimm~t.
,A~ivtty ~,O -- Floc~l ~ Ubmry
· Ensure that the Ic~al libraries mntmin the following: m ~W ~f the
~¥'m and Co~/currmnt Ftom:l If,,~urmn~ ~ ~ mn up-~.
dram d~rmcb:~y olrmddmnmm rand telophonm numb~m of'Jo(mt ~
OCT 1 1997
Provide material on haw qualified corel'Icier and an
Ma~ aite vlltt~ ~ revfew floading, drainage, and sawer pmbTems
and pravfde ene.<m-Qne ~dvice to labs property owner.
Provide retr6t~ng advfce and ~q~l~e,
Activity 420 --- Open 8pace Prm, awatlon
' Monttor C~ ~ County r~;turstiona ~' v~c;Bnt l'~xipl~ l.~e
open ~hmugh pulpit ownemhlp, prfvate preserve, arwtlich rBgulate
developrrmm ao that there writ be no new bu/kflngl ar fli0ng on Itm
land.
· Manl~r C~ and County r~ul~ons wflich require tt~t orals
preaerved as Open ,~paca ere maintained in an undeveloped
natu~ stem. restored to e natural state, or whIch protect natural
anti beneficial floodplain funcUona.
A~Jvity 4,10 -- Hight Regulatory 8tandarde
· Coordinate with ~ and County aultdlng Offidala to ar~ure
enforce.em ef ~e Stan~rd lllu~l<l[n~ Coda regulation mqul~g
enalneer~ faundaUant
· Coerdlnate annual update ~ maintan~n~ ~ ~ ~1
da~.
' ~tn~ annul[ ~ and ~mnln~ ~ly ~p ~ ~RM
J~ p~ ~p.
Ac~ 450 -- b"to~ter Management
· Coordinate, gaMnued murine kmpec~n and l~ln~nano~ of
· ~,~-mw~r n'mnttgmment ~Tatem.
Activity S10 -- Fleodplaln Mar~gemeqt Planning
, Coordinate the demlopment of a Flo~l~ah Management PIe1
utilizing the fol[~ng ~landard Planning preou~; organize ara
AGCIJ~;J~,
NO. ~
OCT 2 1 1997
a~P~d~athe pbn, Inyolv. the public, caoralnet, wiffi t~er
, ~M.~a the hsz3r~, a~asn th.
· . Perdl~II aceVftla,, draft an l~'1 etan ~d.,......_ .~__
upedml Flood Heamrd Ama in order ta lamtect them fram flood
damage.
Prepare .nd
Provide Input to the City and County ~ policy der.~o~ thru affect
floodplain management and fb~ hazard mit/gatfon.
The fi. mdlng under this Agreement Is a~ l~)llowt:
a. Budgeted Items
8allty arid B~
Pri~'ng and Mailing
Vehicle
CompLrtm' Equlpme~
Cellular Phone
Work area et C~ af Naplea & C~iliar County
Projec:Md Amount
$40,000
$7,oo0
$1o0
Tatat ~7,100
Any additional L~)anses mu~t be deetded upon ~rough mutual w~ltten
This Agreammnt mhml) bm mooeded In the Publt~
NO.
OCT 2 1 1997
4?3 ~ OCT 13 '9';' 12~il2
OCT,! ~
COLLIER COUNTY, I:LORIDA
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION STAFF
REQUESTING BOARD OF COUNTY COMMISSIONERS DIRECTION RELATIVE TO ~
DEVELOPER'S REQ~ TO REPEAL ~ TWIN EA~ PUD, ORDINANCE 9%29
That the BCC consider a request by the developer tha! staff bring forward tn ordimmce rqaealing fig
Twin Eaglea PUD, Ordinance 97-29 and a companion ordinance which would have tI~ effect of vzzoning
the property from PUD to A/who Agriculture with Mobile Horne Overlay.
CONSIDE'I~ATIONS:
On July 22, 1997 the Board of County Commissioners approved Ordinance 97-29, which msthofized
zoning approval of 275 single-family dwellings and two 18 hole Golf Coursea on ~apmximately 1,400
acr~, at a maxirntan density of one dwelling unit per five acres.
On August 21, 1997 pursuant to Section 165.3215(4) Fiorid~ St~tute~ th~ Florid~ Wildlife Fedemi~
and Collier County Audubon Society filed a verified complaint challenging the ~ of the Twin
F.~gle~ PUD with certain policies of the Collier County Growth Management Plan.
On September 30, 1997, agents for the lCn-olza-ty owner filed the curr~t requeat to repeal the PUD ~nd
r~zone the property from PUD to A/raho Agriculture with Mobile Home Overlay.
Under provisions of the County's Growth Mm'~gement Plan and Land IX'velopment Code, a ~nglo
family development, at a maximum density of one dwelling unit per five acrea, with acceuory golf
courae~ ia permitted by right in the Agriculture zoning district.
developer has ~gge~.xl ~at time is no ~ to fight a prolonged
~ ~ ~ a ~e-hmily golf~ ~el~t ~ ~ ~j~
~~o. ~fi~l j~fi~fi~ is ~ fa~ ~at ~is ~ is
a~ ~ C~ ~d ~ d~el~.
Nol~
GROWq~ MANAGEMI~.NT IMPACT:
Development under an agriculture zoning scenaxio is consistent with the Growth Management Plan.
ITLWrORIC/ARC~AE OLOGICAL IMPACT.
staffs analym indicatea that the pctitioner's prolnrW is located outaide tn area of h~
~rchaeological probability as referenced on the official Collier County Probability Map. Ther~mv., no
-1-
00T211c
B~CO~ATION:
The Planning Services Depamnent recommends that the BCC formally direct staff to bring forwm'd an
ordinanc~ repealing Ordinance 97-29 and companion ordinance to r~zone the property from PUD to
AblHO as requested by representatives for the developer. Staff also recon'anends that the BCC pmvi~
relief from the typical re'zoning fees as staff analysis will not be required in order to ~ tl~ prior
zouiag district.
DONALD W. ARNb~, AICP -
PLANNING b~:tVICES DEPARTMENT DIRECTOR
~ ~REVIEWEDBY: ' AICP
CO~ DEVELOPMENT &
ENVIRO~AL SERVICES ADMINISTRATOR
EX SU'MMARY/mk/h:~-x summaries
DATE
-2-
Yocrso, V.O~ ,~xSSEN'DERP' ~ VARHADOE,
ATTO~INEV$ &T LAw
NA]~E~
September 30, 1997
VIA HAND DELIVERY
Board of County Commissioners
Collier County
Administration Building, 3rd Floor
3301 E. Tamiami Trail
Naples, FL 34112
Mr. Donald W. Arnold
Planning Services Manager
Development Services Division
2800 N. Horseshoe Drive
Naples, FL 34104
RE: Request to Repeal TwinEagles PUD Ordinance No. 97-29
Dear Commissioners and Mr. Arnold:
It is with great frustration and deep regret that my client, James R. Colosimo, Trustee of the Ultimate
Land Trust, has directed me to request that [he Board of County Commissioners repeal Ordinance No.
97-29 approving the TwinEagles Golf and Country Club Planned Unit Development.
As you know, the Florida Wildlife Federation/Collier County Audubon Society have filed two (2)
separate legal challenges to the County's approval of the PUD. We scheduled a meeting with fl'x:se two
groups to discuss the possibility of a settlement; however that meeting was canceled and they refuse to
meet to discuss the issues. Either legal challenge could "drag on" for a year or more without resolution.
In the interim, those who want to move forward on building their homes arc Jn limbo.
Comervancy of Southwest Florida for their support in our attempt to do thi.< tl~
throu~ PUD zoning, it is time to be practical. -
My client ha~ reluctantly decided to develop the property without PUD zoning. Although we are proud
of the Board of County Commissioner~, the Planning Commission, the Planning staff and The
"right" way, that is
SURrECT:
DATE:
PAGE:
Board of County Commissioners
Donald W. Arnold
Request to Repeal TwinEagles PUD Ordinance No. 97-29
September 30, 1997
2
The project can be developed under an Agricultural zoning scenario. In requesting the repeal of the PUD
Ordinance, we are requesting the property to be returned agricultural ming. It is my client's intent to
then move forward with development of TwinEagles under the Agricultural Zoning District, just as the
The County Attorney's office advised that this request should be directed to Mr. Arnold for him to place
on the County Commission's agenda as a regular Community Develol:nnent Division agenda item with
a request for direction from the Commission. We would request that thia item be placed on the agenda
at the earliest possible date, so that the ~I action'can be accomplished shortly thereafter so as to
render moot the two legal challenges that these groups have filed.
Should you have any questions, p~ease do not hesitate to contact me. Thank you.
$~ly,
R. Bruce Anderson
Ultimate Land Trust
Richard Grosso, Esq.
David E. Guggenheim, The Conservancy of Southwest Florida - President & C.E.O.
Florida Department of Community Affairs:
Charles G. Pattison, Director - Division of Resource Planning & Management
J. Thomas Beck, Chief - Bureau of Local Planning
Charles Gauthier, Growth Management Administrator
David C. Weigel, Esq., County Attorney
Marjorie M. Student, Esq., Asst. County Attorney
Robert F. Fernandez, Collier County Administrator
Michael A. Davis, County Planning Commission Chairman
Vincent A. Cautero, Community Development and Environmental Services Admini-~trator
EXECUTIVE S~Y
b~EMAR~ CONSIDERATION FOR APPROVAL OF A REVISED DRAFT
RANDUM OF UNDERSTANDING-ENVIRONMF2qTAL IMPACT STATEMENT
COLLIER COUNTY AND LEE COUNTY.
Public hem. inS for Board consideration for approval of a revised draft Memornndum of
~kmmding-Enviromncntal ~ Statement (ELS) Southwest Florida, be~w~ the U. S.
Army Corps of Engineers, Collier County and Lee County.
CONSIDERATIONS:
On August 26, 1997 the Board directed Chairman Hancock and the County ~ to work
with the Chamber/Economic Development Committee (Chamber/EDC), Lee County and cotmly
staff pcmms and thc U. $. Army Corps of Engineers (Corps) to r~ceive ~ md to fvttlu~
discuss and revise a draft of a proposed Memorandum of Understanding relating to an
Environmental Impact Statement for portions of Lee and Collier County. Tine Memo~,--,~lurn of
Understanding would be signed by Collier County, Lee County and the Corl~ as the ixincilm~
Since the August 26* Board direction, the Corps has completed its revisions and addressed the
blanks contained in the September 9, 1997 draft. This most recent ~ as att~hed hen~
as Exhibit "A", was recc-ived by the County S~ 29, 1997, rc"viewed and ~ by
County Attorney, staff nnd Chairman Hancock.
It is our understanding Corps representatives ar~ endeavoring to be available on October 21,
1997 to discuss the dr~ and respond to que~ions as to tbeir need for some of the proposed dr~
language.
On or shortly after August 12, 1997, Lee Comaty transmit/ed to the Corps a draft
Memorandtnn of Understanding (MOD') that had been revised by the Ch~mber/EDC ~d
reviewed by Collier County Attorney's Office.
Be
Al a September 2, 1.997, meeting with the Corps representatives, the ~ submitted a
$~ of Commen~ and Revisions dated September I, 1997. This document con',ained
the r~wisiona r~luested by the Corps. Certain provisions of the MOU sunnnary were noted
for farther ~on and modification which continued at meeting of Septembo- 3, 1997.
A "blending" of some of the Cha~ber/EDC, County and Corps suggestions was effectuated.
C. On Septe~ 29, 1997, the attached drn/t as immmfly scheduled
OCT
The
attached draft MOU generally provides as follows:
Pa~e 2. L~ Paragr~]l,, The Corps will prepare the ElS with the cooperation of Collier and
(PO's). S~ below poim Q.
Psee 3. Param~r~h 1.1. The ~ of thc ElS is 18 months. Thc start date will probably
Ps~_e 3. Para_m'a~_ h 1 .?.. The area ofthe ElS study is generally referenced ss noted. The final
limits will be defined tt~ough the open public scoping process. The Corps said it could not
pre-comrni! to a defined area due to ElS procedural requirements.
P~e 3. Para_m~ph 1,3. The ~ ofthe ElS is generally referenced. The final nature and
extent ofissues will be defined by the open public scoping process. The Corps said it could
not pre-commit to a more defined scope due to ElS procedural requirements.
Page 3. Para_m'aph 1.4. The Counties' existing comp plans will be considered the Counties'
and the State's preferred alternatives. In essence this means the Counties c~n maintain that
their existing plans ~nd related studies should be considered as the preferred basis of the
ElS. As the purpose of the EIS/MOU is to come up with a "consensus alternative", throu~
the ElS process (see below), you should be aware of the pol~tial of' revised
recommendations and conclusions pertaining to the Collier County ~ Use Map md
related elements. The Corps said it could not pre. commit that the Counties' existing comp
plans would be the preferred alternative of the ElS.
Page 3. Para_m-apb 1.8. Field verification provision was added at the request of the
Chamber/EDC.
Page 4. Paragrap_ h 1.10. The provision on 17~ was added at the request of Lee
County. It is important to this MOU and not objeaed to by the Corps. It ~llows the Board
the ultimate legislative authority to weigh implementation against potential t~inp claims.
Page 4. Paragraph 1.11. Certain provisions of thc EDC prior draft on regul~y t,fldngs and
thc prevention of consmicfion of transportation facilities were not i__r~_, 1~ The Corps
position was that the study it, ll does not mandate action nor is it a regulatory document
until fully implemented. The Corps could not pre-commit on any scope limitation.
Page 4. Para?a~h 1.14. Thc ElS is to be funded by thc Corps, and CA's or PO's if they so
elect. There is no obligation on thc County to fund the ElS.
L.
Oo
Qo
........... --'TI ............. LLI
implemented before any state or feder~J agency can impose requirements based on the ElS
pol/cy recommendations. However. the agencies ca~ use factual info~n6on ~e~erate~l
during the Elfl as best ava/lahle informafgn.
Pa~_e 5. Para?apb 1.! 6. A major goal of the EIS is to provide criteria for the development
of a ~ criterion for determi~nS~ng ~ppropriate level of mitigation and
identification of areas of particularly ~nsitive enviromental wlue to be re'gered for
preservation or rer~oration.
Pa~_e 5. Pax'agraph 1.17. ElS activitie~ must give alB'vopriate weight to the economic impact
on property owners. Every consideration will be given to ensure that the ElS will not re~t
in detr/raental impacts to economic development. The Corps indicated it could not pre-
commit to the EDC language that required revision of any EIS provision the ~rplication of
which resulted in detrimental impacts to economic development as NEPA doe~ not establish
that the preferred alternative be the one with the least economic impact.
Page 5. Para?aph 1.1~9. Florida Sunsh/ne Law provisions will be applicable to committe~
~elected to establish alternatives.
Page 5. Para?aph 2?. The Board provides ~ the Corps det~s~s,ine~ ElS scop~ ~
geographic bound,xry based upon public comment and scoping process. Corps over~ the
study process and final document.
Page 5. Para?aph 2.3. The County in conjunction with the Corps ~d Lee County
determines the membership and schedule of the study groups (see Implemmxtafion Plan).
Page 5. Para_m--apb 2,4. The County t~s the right to ~ from the preparation of the
ElS at any time if the Board det~,iuines it is no longer in the County's interest to participate.
Pa_ee 6. Paragraphs 3.0 - 3.?. The participating organizations and cooperative agencie~ assist
in developing the consensus alternative. As a change from prior drafts the CA's make no
specific MOU commitment as to their involvement and/or role. The CA's (federal ~ state)
are to be added by a separ'~te commitment letter. Changed fi'om previous dra/~ DCA
makes no MOU representation as to involvement in implementation of County comp plan
provisions. The County provision that the DCA can il~ require the County to adopt a
provision of the EIS has thus been deleted. (See also, signature Page 7).
Page 6. Para_m'~_ h 5.I. The goal is to establish a "~ preferred alternative" for Corps
permit review within 18 montlxs ~ the ratification ofthe MOU.
P~,_~e 6. P~h 5.?. A goal of the proce~ is to provide a conceptual b~is for one or more
~ for the study area, thc goals of which ~hall include those r,~ out in the MOU.
Page 7. Para_m-apb 5.a.
however, the County is under no legal obligation to adopt same.
The provisions of the ElS will be submitted to comp plan review,
Page 3 of 4
Ue
Page 8-10..AR~n. dlx A. Conc~tus! Imolernentation pl~. ~c ~ ~u~ public
~ ~, d~~ is~ ~d S~~c ~ of ElS. ~e ~p~ ~ ~
~ CA's ~d P0's, ~lish~ ~d g~~ ~e ~ of ~e ~t~v~ ~dy ~
(~). ~c ~dy ~s ~I1 ~ of m~ of ~e ~ pubic ~d ~ll
~t~v~ to ~e p~f~ ~t~ative (~e Co~'s ~ pl~. l~d ~ m~i ~I
V. A Few lypo~~ errors or word omissions still warrant ~on for clarity.
FISCAL IMPACT:
No direct exi~'nditure, unless County elects to contribute funding of thc ElS. County staff shall
exp~d research and review time and some material costs shall be incurred.
GROWTH MANAGEMENT IMPACT:
The ElS with or without Collier County participation may have a future growth management
impact, although the MOU docs not mandate the County to make changes to its comp plan. The
application of new or revised factual information as "best available information" resulting from
the ElS may have a resultant impact.
RECOMMENDATION:
The Board review and consider the approval of the Memorandum of Understanding-
Environmental Impact Statement Southwest Florida, between thc Army Corps of Engineers,
Collier County and Lee County and/or provide additional direction on the matter.
Prepared by:
Vavid c. wesei
County Attorney
October 15. 1997
Date
DCW/ew
h'J~SCJe~Ug~ summm"y/MOU-ElS Arrm/Corps
Page 4 of 4
AGENDA ITEM
No. ~q,
OCT 21 1997
SEP=29= 199'?
~:41 L~ SAW DIST REG DIV
~84+23~2+ 1684 P.83
!
EX],(IBIT
· furth~ declares it to ~e tl~ policy of'~c l~ederal .
C-ova, p n state and local goveznmer~, and other immx-~-t~l pul~lic
and private organizations, io use all practicable means to create and maintain cond'~ons
under which man and nature can exist in productive harmony, and fulfill ~he social,
economic, and other requi~'ements of'present and future generations of A,]n~xica~.; and
protecting th,e physical, chemical, ax, d biological iht ' o~ "'
wa~e~ to include ensori ' · . . esrrty ,the na n ·
___..._._ ..... ~.n~ ~J~t tmp~cts to the aqu[ac e~vtron~ I:~ avoided_ ~t~
~; ~a : ~ _ __ed. fo_ ~ ....... ,.
WFI~EAS, the Corps o~Fm~nee~s, under ~ prov~ons of'the ~~d Specie~
Act, is ch~g~ wfth en~r~ that any ~cfivh7 pcrmitled does not jeopardize the
exiuemc'~ ora T~eatened 6r Endang~ed Species or ~ modi~ theidesign~. ~d
critic~I 'habitat; and ,
!
m.~:_ ~ ,-, .... .rp · ~_.n.~ .. , trader the provmons of the National Envir
· . .-_,,,,-',~s,, - p-o,:~aure mat inctude~ d~.lo~ns ~
various alternatives, cor. siderinn second,tv ,4 ,., .... ~.+:._ __. __ i . ..
puMic/mer~ through ~uH ~blic d/sclo~ure and p~k~:~ien; ~ ~
i Memorandam o£ Unders~ndin~ J
I '
· ?iro t..j I
BACKGROUND. : {
· ' I i'
WHEREAS, the sta~e ha~ mandated and the appticable counties have., tbi'ough
Gov~a'n~ Compr~e Planning Process, coordina~ ]and us plann~ag audi
cortse~vadon requir~nent~Iwith local and Sta~e ag~ci~, which resultant ~a th~ a~option of
Lc~ Compr~ive Plax~s. which are the approv~ and bia~g laad tu lplans fc~r each
coup, and as sha~! b~ rec~,' ~ ~ the Corps and other :res, u~ory ~Se~de~ as ~re:zu~red
~AS, the Corps of'Engineers is exl~d=c~g diVe.tX in, on
addre~s~tg its respor~'bLl~t',~.s under Federa] Law due to the ~6crea~8 nu~.: bet, ~ at~d
complexlty or'individual l:~'rr~t reque~.s within the area; aM, , '
WHEREAS, the current regulatory scheme o£ revlc-miug pro~ects on a ca~.' -by-ca~e bas~
r~suIts in incremental chain§es not necessarib, reflective -~'-= ..... -'-'
natural resource needs; a_nd. ~ u-ay~t~-n-wme or~rt~ge
~AS, o2rrentiy s~'udics are underway to o,'aJuale what changes and~ improvement.~
Io the arca's storm water manaeemen! systems are appropriate lo addresslrecem floodin~
problems in the study are~;; an~.
WHEREAS, the natural en,',nronmen! within the study area has. been and qonimues to be
n~hd impaaed by hist~)ric, aI alterations to natu~ dra/nage pa~m'~s ~hich
p~or to c~rrent regu/a~ory ~.Ontrols and by the spread ofnt~nce cxofic s~X:~c~
particularly melaleuca and I~razilian p~po', creating both the ho:d an~ oppo~ty for
r~stor~tion ofthcse areas ~,' compensation for unavoidable impacts; and !
' ~ I
W'H:EREAS, the Corps ha~idctermined that the prepa~tion of~ Eaviro~ Impact:
$1ztcment (ELS) will result in a berber fouadation orinfor~tion ~I knowt~ge of
ex~mg conditions a. nd Merlnficatmn of'future alterr~tives £or~baland. ag tile dema.'~ls of
~.,..~uu~, oo}ocnvc, proou~n,e, ~ad pr~ict~ble environmcmzl t~m-n~ ,r,,..,-L
projec~ within the study ~; and, ,- ....... .o ~,
1~ po'm~llirlg process wlth the ~dopte. d local comprehensive plaxL wh}l~ s/muir: ncousl
fulfilling the Corps' respongibilides under NEP~ ~n~ ,,-;,-: .... ~- .....' ~ Y
· · · ' ", ""-'a'a~-uq5 ~J~CZ tO '
m their d i ' ' . ~
eetsonmakm rc~cess b - . ~ ,
__-.~ .~_ . g..P ~. , y signatu, e be/ow, the Corps of~ ~ or. are
_w~m tn~ cooperation ott~e ~soarcls of County Commi~,4,.~.~,..eo-,,:-- - '-.
z~,,,....A~ __r__ _,. - , ..... -., . -~.,.,,.,,-,a/o~t ~.um~n- tOO Lee L;Ount'y:
~,,~-.,~-~= ~-~cxr~o to as me t"nnc~pals), an Env~roru'n~tal Impo. ct State:meat ('ET.S).
I
1.0 THHI~TS. 'l'he prcpa~tion ofthe ElS will be guided by the £ollowiz~g taaets.
I. ] The ElS will ccbnmence on or about October 1, 1997 and be ~ompleted within
18 months. ,
1.2 The 8eo~phic~d ~rca of the ELS is g~nerally deftaed to be ed the
F..$~o River Basin ~o the ~ Estero Bay to the west. Irap~rial ~ Basin to
South, and CILEW to the ~ast, but the final limits will be de~ned co~ dLtrint~
the first two momhs via ~ open public scoping process. :
1.3 'r'ne EIS shall bi restriaed to spectre issues rclevint to the
nnat nature aha extent oftssu~s will be deemed via an open public SCOld.' process.
! 4 The adoptM Fukzr¢ I.,and Use Maps and related E~ements oft~e CoIlier County
and Le~ County Comprehensive Plans and those o~'the Cities therein shall be use~ as the
Counzics' and $laze ot'Flo~ida's preferred alternatives for pu~ses ofth~ LIS.
15 Aaaly~is will be ~oIisti¢ and rc'gional -- individual l~'OjeCtS or properties shall
not be targ~ed for selective, analysis or delay or impl~nentation ofEI$ ahernatives.
Projects recognized as rcpt:esenrative of'ar~a-wide generic isiu~s or rep~ng Potenzial
cumulativ~ impacts may be, included for illustrative purposes.
~eat, weHand, andllisled species impacts in the region. The EIS ~ tm'lize these
studies to the maximum exlent po,sible and will not d. uplicat6 or supersec~e~ any p~ior or
ongoing local or re~ional sllJdJes, acii'viges, or plans, mcludi~ but nat limir~ to Lc~
Court's Environmemal Laads AcquisiLion and Resiorzgon Pro,ram snd'public or:.privite
milieu, ion baz~ing pro~ec~. It is the inIc~ to base the study ii, solar u pos~'bl¢ on existi~
and aw~_ble data ~ analysis; ~0' dchcieacies mus~ be idcnl!ified as e~rly ss possible tO
~ow sufficient time to ac4uire n_,x'_~sary addizional iaformagon without delzying lt~e
process. The ElS shall be based on sound scientific znd technical data and. analysis.
1.7 It may be deslral~le to dc~,ctop ~ Geosr~phi¢ hffo~on Systcln d~r~>a.te
used ~s ~ common rca'crc'rice and alappin~ sy~ern for rJ:~e Hts. [
]. 8 ~[:n'oved jLtrisd~--tJon~ d~Iions, IJged ~ci~s ~ 8z~J oilier ~Jeld
veriHed information ,,,ball be accorded the 19c~Zcst weigh~. The study mus~ cle~y i .
admowledge that any ini'ori~on which h~s no! been Held vcrifzed will not be usecJ
basis for any binding decisions until such version has occurred
,t:'*llw $ ,~f l O l,~gts
OCT 2!1
1.9 P~ate pro~ ~i~ shah b~ cl~ly ac~owl~gM ~ r ~ ~ ~
pr~ fi~t ~r ~fi~ ~y ~j~ to pro~ ~ h~on ofo~
· e ~y whoa thc i~o~tion in thc ~dy ~ ~ u~ in r~ ~ o~ d~.
~y {~e ~ F~ Sate, or i~ ag~y w~ ~j~aion by iaw or ~
1.13 Participating ~r~ni~t/o~ (POs) ~I inaude r~r~taao~ ~om S~atc,
r~o~ ~d l~ org~tio~ ~dud~g ~t not ~m;t~ to, ~, ~~c
prep~on of~c EIS ~d ~~c lo a b~ ~. ~
o~o~ ~e i~ to participate in ~e pr~ d~ ~ ~ MOU.
m~gs t~ the pr~s
.l. 14 The EIS will b~ funded by the Rtgulatory Div/~on ofthe J~l]e Districl,
Corps, of Eng/acer$, w/thin!the constra/nta ofthe availability offund~ to ~¢ ~ for
di~:refion, to comribm¢ w~n ~e co~ ofavaJhbi/hy of funds to th~ for fl~/s
pm'pose, how~v~ contr/bu~Jon o£ fund~ is not a prexequ~t.e for pa~cipzt~on.
1.15 The Corps, Florida Degattn~ent ofEnv/~onmeraa] Pr~__~on, SarAh Flor/da
W,ucr Management D/m'/d. ~ any other regulatory agency parfidpafini in thc EIS ghitll
comidu~ to accept and pr,ob.ss perrr~ ~pticatiom. lfapplic~ons c.m b~~ m
~.'~,ma ae to me lis preparation. Until fina/adopdon ofthe~.bS and ~13'orn'~ actions
are takm to implunent the ~rov/s/ona thereof, no Prindpd or Coopa'-ating Ageac~ shall'
impom conditions or requi~,ements based on policy rccomme~I~ons oftlie ElS, however
this sttall not be construed to preclude the use of factual infotm~on generated during
EI$ as best available int'omadon.
AGE:NDA.FrE'M
- I
,
1.16 A ~or 8~ ~f~ ~t~
~~~ ~e to ~ ~a~ for pr~fion or
1.17 ElS activities thust be conducted in support ofth¢ publk: ime~ in ~,.hieving
a balinceA economy in co~cen, with a healthy envkonmmt. Appropna~' 'V~ht' nm.sti be
given to thc economic impact ofthe conclusions reached on property ~ lx~lic co~s,
and public benefr, s and quality of life to develop meaningful, and economically viable
lutio . ' '.'
Every cormderat~on will be given to cnsure thai the F. IS will not result in
detrin,,emal impaets to the i=conomi¢ development and dive~ sh'ication of the ~
'I. 18 The ElS will au. erupt to provide information which will allow:declsio~ makers
to balance the public inter~t factors used in Corps permit reviews. T}g~ indud~
co. o economi . hetics. general en, ro..-,ental concern, wee s, storic
properties, fish and wildrff'{ values, flood hazards, floodplain values, land ~ navigation,
shore erosion and accretion, recreation, water supply and conscaw~on, water qua/iff,
energy needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general,:the needs and welfare of the people.
1.19 Florida Sunshine law obligations of non-federal participants shall be Lvspected
The ElS shall be conductecJ in a manner that ensures full oppOrtunity for public '
participation. I
'
2.0 ~glNCIPALS.
2.1 The Principals az¢ the Corp.~ of Eng.',xrs. Le~ CoWry BOCC. and C. oilier
Cotm~, BOCC
2.2 The Corps of Engin~ will de:~nin-., with the ~ from the!Boards'of
Couniy Commissioners ofColtier u~d Lee Counties and upo~ compl~onlofthe pul~lic .
comment process, the ELS.scope and geographic bouadary, and shall oversee the msdy
proce~ and final
~.3 The Principals r~,l co~hdxa~ively determine the .~.J~lule and membe~ of
group~ formed to ~uppon t,he study , ,
2.4 Each Principal sl~ have a righ~ to wifladraw bom the preparation oftb~ ElS ~tl
the event that they determine thai k is no longer in its interest to participate. - '
Aeg o rrm
~,0 COOPERATING AGENCIES AND PARTICll~ATIN~ ORGANIZATIONS.
Cooperating Agency (CA~) and P~tidpadng Organization (PO~) are
dgned tJ~ MOU. Success will be enhanced ifCA's and PO; bring commitment m the{
]::WOOC~. ,
'ali:;' ' ....... '
ocaung mma~ resources to eh.rare compl~on of the ElS ~ ! 8[momtis.
',
c,o cn the Princip . '
, !
3.1.3 Making:a sincere eft'on to dor~op · consensus altemativ~
whic~ i~ cor~stent with t~,'r governing ~aws and reguIa~ [ : .
!
.3.2 SPECIFIC Co~pcrating Agencie~ and Pan/cJpatlng I ;
Organiz~ ions are invilc,:d
tO .m~ .e specific commitm~ts, to ,he extent consistent wilh lheir govern!ns lawd and
_re~ -~ns, lo ensure the s. ucc~s of this c~ort. The commhment would be expressed
to Co ,. would be
4.0 ADbflNISTKATION. Must follow a logical, time bound plan to de~,elop the EIS '
anchored by dear admin~stra:ive proc,,edutca and respoma'biikies. A prop~:! c, otumptu~d
pIm deigned to implemtmi ~ memorandum is found ~t Appendix A. Ii L~ ~ W:.'be
flc'x.Fole md may be adjusted or modified as nc~xted to provide the EIS in
$.0 FINAL PRODUCT. '~'he goals of the process w~! be as:follows. 1
I
5.1 Completed EIS .comi.~e~t with Fedc-ml md State l~ws ami regfala6om!whichiis
also ~Oplx)ned by the dect~ reprt~rrafives ~d public they ~rve in Sc~thwest b'lorida,.
the pieparation of which e~tablished a cons~rsus preferred aliemative I '
tor corps remit'
review under section 404 of the Cleag Water Act within i 8 months from ihe ratificationJ of
this agreemem.
5.2 Cotr. cgtusJ basis for one or more Gcnc~al Permit for the study!ar~ region
developed for ndminLr~rafion by an appropriazc at~ncy, the goals ofwhic~ shall include
those'se~ cut ia this MOU. ,
.~.3 A public in Southwest Florida that possesses increased co,ut in their
I
and eaviro~ stewardihin
P~e ~ of I0 p~es
~ $~:~ D]ST ~G DIV
m ~ ~m~~ P~ ~ appropriate. ~ ~ to ~ C~ '
~~~ ~ ~ ~ ~o~ ~ ~c~r~ ~ F.S. ~ 163. ~e I'
~~~ ~~ a[te~ ~d pr~o~ o~e ~S ~ ~n~ on['
the ~ Co~ P~ ~ ~un~ d~opm~ re~s. ~ p~,m ~ ~U;
~0~ ~ ~w~ ~th ~ to the a~~ o~ ~opfion ~d ~~oa o~
~y ~~fio~ or provi~o~ afi~ng ~om the ElS ~h ~ty i~~ fi~
C~ ~mpr~e Pl~ning ~
PRINC~. Sigrmture and date
cooPERATING AGENCm-S. Federal, State, and Local agencies that liavejuri~iction
by law or spedzl exper/js~ifor this study are asked to advise, by letter addressed tO the '
Corps,..whether they are in,t~ested in participating as a CA. Theze letter~.: will be
to thi~ MOU az Appendix B as they are received ',
PARTICIPATING ORGANIZATIONS State, regional, and local org~,nizazlons v/~ich
int~ m paruc~patang m the study procc'~s (£or example, through membe~hip
p aparzng as a PO. These letters will be attached to this MOU az Appendix C as thc3;
AOENDi~£M
No. _
0CT 2 1.1997
.... I/
D~.P,,,4-F.T gE~l$lOff t* ~ ~ ~ ¥~ tZ ,nO A~ Olr St~SlZtl~t~ 2tsi ltr/
: Appendix A ' '
Conc~,al lmplcmmlafiea Pha
:2. ,
'A. ]. s Corps wi~ publish this a~rr~a,:nt aad solkit wr~ea comme~ ~on~ publM
oa th~ issu~ aacl geog~ap .fiic scope of the EIS. ' '
;
A. 1.2 SWiG ~ ~ ow~ worksaops to pre, ate ~elr recom~om ~
~ d~ ~e ~ ot~ uudy. ~
, A. 1.4 ~e ABM ~ pr~are, at the ~d of Momh 2, a r~ d~n8 ~ '
~ing data a~ ~[cnt~al ~ata ~ps . .
':A.l.5 Membership orthe ADG and TG will
COllier ~d
orga~zations may be ex-officio advir, or~ to thet~ two groups. :
A.~.0 Momhs 3, 4, aad 5.
· A.2. l The ADG wiU, meet to identify factors used to evahme reco~etdafiom ~nd
~tives. , .
'A.2.2 The ABM wLlJ coordinate w/th the ADG ,0 id~nt~y what d~a i~ arkie ~o
.me.m-e tlxne f:~u)rs, ide~i,' 'fy gaps, de~erminc how th~ wRl'be ~led wi~ cousida'afon
A.2.3 The Corps will notic~ the ·va~hbil~ of these md the SW/G will coo~ct ~,
w~rk~op to prepare ~ ~ts on the direction of'the work. ~
A.~i.0 Months 6, 7, and 8.
A. 3.1 The ADG will:
A. 3.1.1 identif~ · range of recommendation$ and
P,~g¢ I of 10
1
:
I
A. 5.2
A.5.3
revisions.
~ .I'~cK DIST REG DIU
i
OCT ~ 1:1997
A6.0 Months 15, 16, azld i17.
A.6. I ADG and AB.~I complete revisions.
A. 6.2 f
A.3.2 The ABM: will complete the draft Tec/mical
com~. ertts on the progress~ofthese groups' activi6es.
I
A.4.0 Months 9, I0, and J I.
A 4. l The SWT'RPC edits/synthes~zes thc rcporZs fron~ the groups,: backgrocmd
m.~terial, and NEPA-requi~ed technical materiaJ imo a Draft ElS document.
A.4.2 The Corps, in' consultation with the other Principals and witli input fi'om CAs
mci POs, rcvic'ws/proofs ~e Dra. REIS. '
I
hearine, s joizxdy wi~ res .peaive ~ Comrrassions for corrimems on th~ ~ EIS.
A.4.4 SWIG holds i~ublic workshop to prepare recommend~on on ~ ii next~'.
A.50 Months I2, 13, zndfl4.
-A.$. 1 PrincipaJ.s c[Lsc~ss "what is
prelimi."n~ry revision to its rL-port '
f
ABM prepares a preliminary revision o£the Technical
A.3. ).4 Frq:udre., I~, z~ 9. a rcl~ort otb we~;]c
I
A. 3.1.2 prep~e a "Progress Report" in Month
'
I
°1
A.7.0 Mon~ 15. ';
A.7. l Corl~S pr~ar'.~ Record of Decision.
Cour~.ies/r~ate process for review ofresults. ,
A. 7.2
~: To appoint 2 members to serve 4 year terms expiring on September 30, 2001, on
the Environmental Advisory Board.
CONSIDERATION~: This 7 member.committee acts in an advisory capacity to the Board in
maiIer~ dealing with the review and evaluation of specific zo~uing sad developme~ petitions and
their ~ on the regulation, control, mmagement, use or exploitation of any orall natural
ru-~owces of or within Collier County. Memb~ shall demonstx~ evidence ofexpenise in one
or more of the following areas related to environmental protection atai natural resources
mana~emeaI: Air Quality, Biology (includin~ any ofthe sub-disciplines such as botany,
ecoloD', zoolou, etc.), Coastal Processes, Esmadn~ Processes. Hazardous Waste,
Hydrogeolo~', Hydrology, Hydraulics, Land Use Law, ~ Use Planning, Pollution Control,
Solid Waste, Stormwater Manag~ WaIer Resources, ~Ffldlif¢ l~ement, or other
r~c~setlta~ve areas deemed appropriate by the Board such as, but ~
of'the development community. Members are requir~ to file · Form I Statement of'F'mancial
Interest each year with the Supervisor of Elections. Terms are 4 years.
A list of the current membership is included in the backup.
The terms for David S. Wilkison and Christine D. Straton expired on September 30, 1997. A
press release was issued and resumes were received from the following 6 interested citizens:
Carl M. Femstrom (BA in Science) 2
Richard .l. Sullivan ('Waste Management Employee) I
John P. Ribes (Landscape Architect) 4
Amonio Caliendo (BA in Environmental Studies) 3
Brenda Dejong (Contractor & Real Estate Broker) 3
William W. Hill (BS in Chemical Engineering 4
Aeronautical engineering &
Engineering Consultant)
yes
yes
yes
yes
yes
yes
COMMITTEE RECOMb~NDATION: The r~B ~ ~ m Bo~d of County
~oners ~ no applicants from tiffs po,l be appointed to the EAB. TI~ motion included
a request that the Coun~ re-adverfi.-.~ for the Ix~ition.s sad ~sked ~ Staffcoma~ th~ applican~
tha~ had submi~ resumes for the ]a~ vw. ancy. The Bo~i feb th~ fl~ ~ ~ ~
appl/cants W chose from in thnt pool. (The EAB would like to be able to m:ommend two
expertise).
FISCAL Ibi~ACT: NONE
GROWTH MANAGEMENT rlVI~AC~: NONE
A~ ND~I),, ZT.~M
NO.~
OCT 2 1 1997
Pg. /
~ATION: That 1~ Board of Comzty
Sue Fibon, Adminira~v~ Assimnt
Botrd of County Commissioners
Ageada Date: October 21, 1997
OCT 2 ! 1997
TO:
FROM:
DATE:
RE:
CO~ITX DEV. AND ENVIP~ SVCS. DMSXON
PLANNING SERVICES DEPARTMENT
CURRENT PLANNING SECTION
MEMORANDUM
Sue Filson, Administrative Assistant
Board of County Commissioners
Barbara S. Burgeson
Environmental Specialist II
October 1, 1997
FAB Applicants
The EAB reviewed the six applicants, for the two open positions on
the EAB, during their regular meeting on October 1, 1997. After
discussion regarding the EAB ordinance and member qualifications,
the following motion was made and approved by a 5-2 vote:
The EAB recommends to the Board of County Commissioners that no
applicants from this pool be appointed to the EAB. The motion
included a request that the County re-advertise for the positions
and asked that Staff contact the applicants that had submitted
resumes for the last vacancy. The Board felt that there were
better qualified applicants to chose from in that pool. (The EAB
would like to be able to recommend two applicants that are more
qualified than these applicants and who can demonstrate the
necessary expertise)
The following is a summary of the candidates and Staff's
determination as to their qualifications for EAB membership:
Carl Fernstrom :
(not qualified)
Richard Sullivan:
(not qualified)
BA in Science
Licensed Real Estate Broker
Licensed Mortgage Broker
Works for Waste Management
No resume or Job description
William W. Hill:
John P. Ribps :
Antonio Caliendo:
(not qualified)
Brenda Dejong:
(not qualified)
BS in Chemical Engineering / MS in
Aeronautical Engineering / Ph.D.
Academics and Administrative experience.
Engineering consultant. Presently retired.
Bachelor of Landscape Architecture (LA)
Assistant Professor of LA.
Currently a Landscape Architect
BA in Environmental Studies
Worked as a drafter.
Currently employed as an Architect.
Certified Contractor and Licensed Real
Estate Broker . Owner of affiliated
companies servicing real estate interests.
NOTE:
follows:
·
·
The five remaining members of the EAB are categorized as
1 Environmental Consultant
1 Environmental Resource Manager
2 Engineering Consultants
1 Engineer/ Developer
AGENDA Z T.,E M I
1
OCT j.
Nam~ Home Phone
D~vid S. Wilki.~on
6820 DmieL~ Ro~
N~I~, ~ 341 ~
D~: 3
C~o~: ~~ S~i~
B~ ~ Fol~ ~2324
1033 ~ Fo~ ~ve 7~7
N~I~ ~ 341~
D~: 3
~5 Tm~ Avmue, S.W.
N~I~, ~ 34116
D~: 3
~go~: ~d U~ Pl~g
P~ F. ~hcliff 69~2~
~1 2~ Argue 35~3~9
~: 3
George H. He~on
811 Pitch Apple Lane
Na~le~, FL 34108
District: 2
Category: Professional En~eer
ChrLr~e D. Stramn
1441 Gui.f C~ Drive
Naples, FL 341 I0
D/.mqct: 2
~ory: Eagle Protec~on
3880 Es:e? Avmue
Naples, FL 34104
D~dct.. 3
Caa.,~ory: Biology
Environmental Advisory Board
DateRe.appt 2nd~Date
09/21/93 ~7
02/15/94 09/30/95
9/26/95 09/3O/99
09/21/93 09/30/96
9,r24/96 09/30/00
2~2-4817 09/24/91 09/30/94
g/1094 09t3~
O9/22/92 O9/30/93
~97-8849 9/21/93 09/30/97
2~3-2747 0'//'Z2/97 09/30/98
4Yeah f
$ Yeaxs
4 Years
4 Years
4 Year~
3 Yeat~
4 Ye~r~
3 Yea~s
4 Years
I Y~r
4Ymrs /'
IY~r
AG£ ND_.~ I~T£M
N~. _,~_.~_~
OCT .2.!
Environmental Advisory Board
~ork Pko#~ ~ppt'd Exp. Da~ T~rm
TI~ 7 member commilMe was created off 07/30/91 by Ord. No. 91-~, repealed by LDC Ord.
No. 91.102, to oct iff afl odvisc~ capacity to the BCC iff matt~s dealing wil~ Itm review mxJ
County. Terms am4yoors. MembersrnustbaF~ 1StatomefltofFirwruc~~~
year with the Supervtso~ of Electicms
MEMORANDUM .
DATE: August 25, 1997
TO:
FROM:
Vinell Hills, Elections
Sue Filson, Administrative
Board of County Commissio~n
RE: Yom R~gistmion - Advisory Bo~ Aplx)~
Tbe Board of County Commissioners will soon comi&'r tl~ following individuals for
~oinlment to one ofthe county's advisory commiuees. Please let me know ifthose ~
below ar~ registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
ENVIRONMENTAL ADVISORY BOARD
COMMISSION DISTRICT
Carl M. Femstrom
221 9th Street, S. #200
Naples, FL 34102
Richard J. Sullivan
3645 Boca Ciega Drive, #303
Naples, FL 34112
John P. Ribes
667 Binnacle Drive
Naples, FL 34103 , ~0~/
Naples, ~ ~116
W'tlliam W. ITlll
1065 Cmlf Shore Boulevard, N.
Naples, FL 34102
Thank you for your help.
AGENDA rr~M
OCT 2 !
Pg. 7
MARY W. MORGAN
ATTESTATION
STATE OF FLORIDA
COUNTY OF COLLIER:
,10.~ I attest that
t
, registered to vote in this county on
Voter ID #.,
To the best of my knowledge, this attestation, pmsoflted by the Suporviso~ of
Elections, aa tho clocumenr8 c~rstodian, or her deputy, I$ a public record
available for inspections 8ublect to t~ roou~~ ~ ~octi-- ' '" "' .....
,. ........... ... - - ~, ............. un ) J
rK~na~ utatmes. [;opylrlg b limited by Section g8.095, Florida Statute8.' '
Certified copies of attestations of vole' registration m-e not available from
m'~her official source.
P.I2
MARY W. MORGAN
MEMORANDUM
:¸0
DATE:
TO:
FROM:
Augus125, 1997
Barbar~ Burgeson, Environmenud S~ II,
Sue Filson, Administrative Assistan.~V~,
Board of County Commissioners"
RE: Environmental Advisory Board
As you know, we currently have 2 vacancies on the above-referenced advisory committee. A press
r~lease was issued r~questing citizens intere~d in serving on this committee to submit a resume for
consideration. I have a,:tached the r~sumes received for your review as follows:
Carl M. Femstrom
221 9th Street, S. #200
Naples, FL 34102
Richard $. Sullivan
3645 Boca Ciega Drive, #303
Naples, FL 34112
3ohn P. Ribes
667 Binnacle Drive
Naples, FL ~4103
Antonio Caliendo
2128 55th Street, S.W.
Naples, FL 34116
BgadaDejong
5195 10thAvenue, S.W.
Naples, FL34116
William W. II. ill
1065 Cndf Shore Boulevard, N.
Naples, FL 34102
Please let me know, in writing, the recommendation of the advisory committee for a~ and
I will prapaze an executive summm~ for the Board's consideration. Please categorize the
applicants in areas of expertise. If you have any questions, please call me ~ 774-8097.
Thank you for your attention to this manet.
SF
Attachments
NC)
OCT '1997
Diversified Real Estate Group, Inc.
August I$. 1997
Mrs. Sue Filson, Aclrninisrrativ~ Assistant
Boazd of County Commissioners
3301 TarnLm~i Trail Eas~
N~ples, FL 34112
l~ar .Mrs. Filson.
I am interested in applying for advisory committee positiom for the Affordable Housing
Commission and the Environmental Advisory Board. I am a resident md an elector of
Collier County.
[ have included a brief'resume roi your review ~ required. As a long-term resident of
Co[lier County. and a member of'the busine~ community, [ believe tt~t my experience
will add depth to the Board.
Sincerely,
C~rl ~ Fernst:om
CMF:cme
A~.achment
OCT 2 1 1997
CORPORATE RiZSUM~
Carl NL Femstrom has a comprehensive history in real estate sales, manageme~ and
investment. He graduated from the University of South Florida in 1974 with a Bachelor
of Aris De~ree in Science. He completed graduate wi~rk in business administr~on at the
Univ~niD, of Florida ia Crain~sville in 1976. Mr. F~n.m'om has ~
development and construction in Southwest Florida for over twm~ years. He is a
licensed mort~ge brokar, a licensed real esm~ tn'oker and holds several secrities
licenses. In addition, Carl is a Certified Hotel Administr~r and is an advisor to the City
Couno'l as · member of the steerins comminee of the Dowr,t_own Redevelopment
DLstrict.
Mr. l:'emstrom has been involved as principal in over a dozen successfhl ptoje..'ts in the
area including the renovation of the Olde Towne Professional Bm'lding, Fifth Avenue
North Retail Center, the Midtowne Cen=~, the Howant $ohnson Resort Hotel and the
development of the Plantation Subdivision.
OCT 1997
Pg.
P.O. Box
(G41) 14e-22~2
FAX (141)
Augttst 22, 1997
C~I 1 let' Cotmt ~1
Ms. Stm Ffl~n
Adn~n~str~ve AssLst~t
3301 Tan~nm~ Trsdl
Naples, FL 3411'2
"~ffM3GG~ P.BX
;
.po~.' 'on u I ]3xve some ~ c
m the art/cle.
Looking £orw~'to your t,,vorabl
Cordi~y,
· !
!
:
i
:
.~>451~ Ck~a Drive
Unit #303 I
Naples, FL 34112
RUG 22 '97 19:29
t
I
Landscal~ Design, Planning and Management LA
Jm~x ue~r. F~L$.L~.
J~hn ~ &S.L~
Augus121, 1997
'.Board of Coumy Commia~one~
3801 Tarrgami Trail East
li~pl~l, Florida 34112
Fh~c 774-,3602
AEention: Ms. Sue Fils~n, Adminlstrat~ A~atant
Dear Ms. Filson:
Currently. I reside at 667 Binnacle Drive, Naples, ~ 34103 .....
be.~ 8 ~ ,.e~k~e~ _ :, u..~lmct 4 "nd h~ve
~ .... . of Collier ~ since 1989
rofmv .,,,~,. ~_ ~ ........... rllPome and Ihe
Sincrery, ;
AGE NO, A...~ZT~N
OCT 21
J'. RO.I:i~. LIEaER
Loui~iar~ State Univ~.
LANDSCAPE ARCHITECT.
$~e of Florida. ~
State of Louisiana.
ARRIMATIONS:
COMMUNITY / PROFE~ ItgVOLVEMENT:
Historic P~ & Restoration, Advi~3ry ~.
ASIA, mm Chapla., Put Pr~k:m~
Sine of Florida ~ Award, ~, Deign J,zy Membe,'.
Uniform Nation Exam, CLARB Regiorml Review
Public Art in Public Places, Ta~[ Force Advisor.
August 22, 1997
Antonio Cal£m-~o
Collier Coum:y, Florida
Dear Mada~$irs:
ANTONIO CALIENI;)O
Caj~ Coral, I=lor~/~ ~3914
INTEI~STS.
AGENDA
No.
OCT .2.~ m7 I
AUG-22-9? e~:ez A~ FE~GXI & IE~CK ~CHT$ ~4~ i49 59~
~urt~m a~ oM o~' ,~ t~e Mt. tr, ~ hardwtm they, h:Mff~e that we, ~ are clip. at on.
Iww ciMd (or...
We don't need hardw,,rt. V~: we need fi... to get tolethe:. It is not · lack of p:ac~,
l~t am' Ipartnef4 t~at k~ uj ',v'ltho~Jt a pta~.
T'~ probJtm carmot be ,~Ived by design, bdt only by. · thousand individual
are gofn~ to IMvo to turn oil tho TV, jet o[[ our butts, walk out o[ our air cor~clltfo
trd.., ban; ~ound. Soon wa'Ii be ~inccl by others. Vt'hen we start tt, t~lk. wc'll ha un
~r~fl of the only kind of plac~ ti%at ever rMttc, r~d. ~' Pg.._~_.~
5195 10th Avmue SW
Naples, FL 34116
BRENDA DF.,JONG
State of Horida Cereal R~ldential Contractor
State of Florida Lkensed ~ Estate Broker
State of Florida I2e. Radon Measurement T~.hnictsa
gpa Cer~ed Lead-Based Paint Inspector
gPA Certified Lead Exposur~ Risk Assessor
gPa Certified L~ad Abatement Contractor
EAA Certified Environmental ~
FAA Certified Environmental Testing Specia~
CE. C080177
BK 0610455
R1637
I./I-501
LRA-173
EPA S 1047
13802
13802
count,/
Sl~nmm Realty,
I't,=~ ~ .4~ldmdum ~. snd B~ & Fmn~ C~.,,~,s~ CCBA
Oct, 1~ to
Oct. 1~4 to
· I0
R~ume
II
19~I-43
cem~ ~~ C~ae~ ~ NC ~ S~
Lm Vo-Tet, lr~t My~, FL
19 AUgUSt, 1997
MS. Sue Filson, Administrative Assistant
Board of County Commissioners
3301 Tamiami Trail East
Naples, Fl. 34112
Dear Ms. Filson:
It is my understanding that vacancies exist on both the
Environmental Advisory Board(EAB) and ~La iiT:-~r I believe
that I could contribute to either of these impor~ant groups,
and ask that my name be considered for whichever you or the
Board of Commissioners feel that I would best fit.
Enclosed is a summary vitae for your consideration.
Sincerely,
William W. Hill
1065 Gulf Shore Blvd. N
Naples, 34102
NO .,,~_.~,~.~
OCT 2 1 1997
lip
William w. Hill
Professional S~ary
1065 Gulfshore Blvd. N. No. 413
Naples, FI. 34102 941/435-3534
B.B.M.E.
M.$.A.E.
Ph.D.
Georgia Institute of Technology
Purdue University
Colorado State University
ACADEMIC AND ADMINISTRATIVE EXPERIEN~F
Purdue University
Instructor, School of Aeronautical Engineering and
Engineering Sciences
Tri-State University
Chairman, Department of Aeronautical Engineering, 1961-63
Assistant Professor, Department of Mathematics and
Engineering Mechanics, 1963-64
Associate Professor, Department of Civil Engineering, 1966-74
Dean of Engineering, 1974-78
Director, Engineering and Research Center, 1975-78
Senior Vice President, 1978-81
L.L. Dresser Professor of Engineering, 1981-84
Director, Tri-State University Energy Analysis and Diagnostic
Center, 1983-85
Professor of Mechanical and Aeronautical Engineering, 1984-88
Chairman, Department of Mechanical and Aeronautical
Engineering, 1988-93
Engineering Professor Emeritus, 1993
ENGINEERING EXPERIENCE
Engineering Consultant
Hydraulic Power Division of Eaton Corporation; Marshall, MX
City of Angola, Indiana
Henry B. Steeg Division of HNTB, Indianapolis
Brads-Ko Engineering, Elkhart, Indiana
Steuben County and Pigeon R/vet Drainage Boards
Indiana Depaz'Lment of Natural Resources, T · 2000 Lake
Enhancement Program
Member, Steuben County Solid Waste Study Committee
Member, Maumee River Valley Erosion Control Study Committee
Owner; William Hill & A~sociates, Angola, Ind/ana; 1992-96
Registered Professional Engineer; Ind/ana, Ohio, Michigan
AGENDA Z TE, FI
NO .__.~~.~_
OCT 2 1 1997
~illiamw. Hill
-2-
ENGINEERING AND PROFESSIONAL SERVIC~
Member; ABME, ISPE, NSPE, Sigma Xi, Indiana Lake Management
Society and NALMS.
Past Regional Vice President, National Society of Professional
Engineers
Past President, Indiana Society of Professional Engineers
Past Member, 1985-1993, Indiana Registration Board for
Professional Engineers and Land Surveyors, Chairman,
1987 and 1988
COMMUNITY SERVICE
Kiwanis Club of Angola and Past President, 1970-96
Steuben County Lakes Council; Founder and Member of Board of
Directors, 1972-93
Past member, Steuben County Red Cross Board
Member, First Congregational Church; Past Treasurer
Member, Kiwanis Club; Naples on the Gulf
Member, The Conservancy, Naples
MILITARY SERVICE
Flight Instructor, U.S. Navy, 1951-55
HONORS AND AWARDS
Sigma Gamma Tau
Pi Tau Sigma
Tau Beta Pi
Chi Eps/ion "Citizen Engineer. Award
ISPE Distinguished Service Award
Pi Tau Sigma Outstanding Faculty Award
Sears Roebuck Outstanding Faculty Award
McKetta Outstanding Engineering Faculty Award
AGENDa, Z'T, EM
OCT 2 f 1997
.0~: To r~-appoint 9 mem~ to serve 4 year terms expiring on September 21, 2001,
on the Disaster Recovery T~sk Force.
CONSIDERATIONS: The Disaster Recovery Task Force was established on April 27, 1993,
by Ordinan~ No. 93-20 as required by Objective 13.3 of the Collier County Orowth
Management Plan's Conservation and Coastal Management Element. This task force is
composed of 26 members and their duties include development of step by step procedures
including post disaster recovery, reconstruction and miti~ion. In addition, the mk force may
be making recommen~lations for changes tn vs~ous Coumy ordinances tach as the Growth
print r~nce ofdan~s. All appointrnems shtll be rstifed by the Board of County
Commissioners.
A list of the current membersWp is included tn the backup.
A memorandum wa~ received fi'om Ken Pi.ne, au sul:n:n~tfing the fol]owtng names for re-
appotntment/appotntment to ~e task force.
Marjorie Student, County Attorney
Vtnce Cau'~ro, Community Developmem and EnvironmentaJ Services Administrator
Robert Mulhere, Cun'~t Planning Manager
Ed Perico, Building Review & Permiv. Jng Director
Ken Pineau, Emergency Manasement Director
Sandra Taylor, Real Property ~or
David Russell, Solid Waste Director
John Boldt, Water MJnagement Director
Ed Kant, Transpo~on Liaison
Ed Hshner, Public Works Admin~uator (m be con.6zmed to fuifill the vacant position, expiring
on September 21, 2000)
FISCAL I]ViPAC~: NONE
GROWTH MA~AGEbfl!iNT IMPACT: NONE
RECO~ATION: That the Board of County Commissioners consider the
~.~nmend~ion for appotn~ent and confum the t~-appotnimen~appo~ and direct the
County Attorney to pr~pa~ a resolution co-firmi.n~ the appoimmeats.
Prepared By:
A~endn Date:
Sue Filson. Admini.va~ve Assistant
Board of County Commissioners
October 21, 1997
AGEp~OA,,.~TEM
rio
Pg. I
MEMORANDUM
DATE:
TO:
FROM:
CC:
October 8, 1997
Sue Filson, Administrative Assistant
Bo ar d of Court tyCo rnmi,,~,~
Ken Pineau,
Emergency Managei:bent Director
I.,~o Ochs, Jr.
Support Services Administrator
JeffWalker
Risk Management Director
SUBJECT: Disaster Recovery T~k Force
The following members of the Disaster Recovery Task Force will agree to serve another
t~'m until September 21. 2001.
Marjorie Student
Vince Cautero
Robert Hulhere
Ed Perico
Ken Pineau
Sandra Taylor
David Russell
John Boldt
Ed Kant
Category: Community Development and
Environmental Services Adminislxation
Work Phone: ,~1r32.2508
Please dedgnate Ed Ilshner, Public Works Administmor to fill tha vacant position with
term expiration date of September 21, 2000.
II'there are any questions, please call me at 774.8444. Thanks.
Matjorie Student
3301 E. Tamiami Trail East
Disaster Recovery Task Force
Naplen, FL 34112
District:
Category: County Attorney
V'uw.e Cautero
2800 N. Hor~sho~ Drive
Naples, FL 34104
C~egory: Coawn Dev. & Env Servic~ Admia
2800 N. Horsesho~ Drive
Naples, FL ~4104
Dlttrtct:
Category: Cun~ Plaa~g Manager
Ed P~co
2800 N. Hors,".shoe Drive
Naples, FL 34104
Catego~: Buildin~ & Permitting Director
Ken Pineau
3301 E. Tamia~ Trail East
Naples, FL 34112
D~rlct:
Categoo,: Emergency Mlpnt ~r
~3-~ 09~I~3 09~I~7
Sandra Taylor
3301 E. Tamiami Trail East
Naples, FL 34112
D/m/ct:
Caugm.y: Rtal Prope~ Dit~nor
David RuaseU
3301 F.. Tamiami Trail East
Naples, FL 34112
~: Solid Waste Dir~r
09~1~3 09~I~7
09~1~3 09~I/97
09~1~3 09~I~7
732-2508 09/'21~)3 09/"21/97
4 Yem's
4 Y~a's
4 Years
AG[:I~DA
NO.
OCT 21
Pg.
Joha Boldt
3301 E. Tamiami Trail East
N~I~, FL 34112
~:
Cat~: W~ M~t ~r
Ed ~t
3301 E. T~ T~ ~
N~I~ ~ 34112
Disaster Recovery Task Force
Work Phone Appt'd ~ Dgte
Home Phone Da:eRe-appt 2ndExpDate
732-2~ ~1~3 ~1~7
W4.-~ 09/21/93 09/21/97
732-257S 09/21/93 09/21/96
2/11/97 09/21/00
774-88;7 09/21/93 09/21/9~
2/11/97 09/21/00
7;3.-9203 09/21/93 00/2I/~
2/11/97 09/21100
3301 £. '
N~ple~, FL 34112
Dh'e/ct.'
Category: Public Works Adminis~or
~ Lilly
3301 E. Tami~ Trail Ea~
Naples, FL 34112
Category: Property Appraiser
'rom Storrar
3301 E. Tamismi Tra~l Eas~
Naples, FL 34112
Dirtrlct:
Category: Sheriff Lia~on
Chr~ C~n
735 gib Sa'cot South
Na~lcs, FL 341 O'2
Cm~o~: Cit7 of N~l~s Liaison
P.O. Box 1 I0
£va3lad~ CitT, FL 34139
C-d~rOfT: EvcFgbdcs Cit7 L~son
2/11/97
805-3781 09/21/93 09/21/96
2/11/97 09/21/00
?nd 2'en,n
4 Years
4 Years
3 Years
4 Yem~
3 Y~r~
4 Y~u~
3 Yea~s
4 Years
3 Y~
4
3 Yea~s
4 Years
AGENDA ~T~EM
NO .._,~_~.~
OCT 2 ! ~?
pg. 3
N~mf
Stephen Ladd
6167 Sanes Lane
Disaster Recovery Task Force
09/21/93 09/21/96 3 Yeah
2/11/97 09/21/00 4 Years
~5.42a2 09/21/93 09/'21/9~ 3 Yea~s
2/11/97 09/21/00 4 Years
09/21/93 09/21/96 3 Yeah
2/11/97 09/21/00 4 Yea~
Naples, FL 34109
Dl.~r~:
Caf~ory: Big Cypress Basin Liaison
Daniel Tr~cott
P.O. Box 3455
North Ft. Myen, FL 3391~
C~o~7.' SWFRPC Liaison
6160 18th Avenue, S.W.
Naples, FL 34116
Ca~e~oey: CCPC Liaison
Robert Schubring
2606 S. Horseshoe Drive
.~-1.8 09/21/93 09/'21/96 3 Yem's
2/11/97 09/21/00 4 Years
Naples, FL 34104
Cafe~ory: Building Indusu'y Liaison
Frank Balogh
P.O. Box 413013
Naples, FL 34101
Di. ro,~:
Cameroon: FPL Liaison
Wilson Rumberger
c/o 812 Elkam Circle
434-1288 02/13/96 09/21/99 4 y~a'S 0
09/21/93 09/21/95 2 Y~ars
2/13/96 09/21/99 4 Ye~s
Marco Island, FL 34145
Dltoqct:
Cdf. e~oo~: Lee Count7 Electric Liaison
Mci Fhlm.
P.O. Box 197
~ ~sland, FL 34146
~or~: 5ou~hera Sts~s Utilides Li~/.~m
02/13/96 09/21/99 4 Years
o
Rontld Smith
1805 CR~51, Suite C
Naples, FL 34116
Z)ls~ct:
¢~oO': FL Cities UtiLities Liaison
4~00 Exch,~g~ Avv~u¢
Naples, FL 34104
C.~eg~r~ Wast~ Management Lhtison
Buddy Bmnker 263-6232
P.O. Box 2477
Mzrco Island, FI. 33146
C~tgor~: United Telephone Liaison
Ellie K, rier 262-6374
3620 N. Tamiami Trail
Naples, FL 34103
Category: Chamber of Commerce Liaison
An Dobberstein
~700 Cougar Drive
Naples, FL 34109
Dtrtrlct:
Category: School Dis'aic~ Liaison
Disaster Recovery Task Force
Home Pkoae ~R~t 2n~D~ 2~ T~
4~1~ ~13~ ~1~ 4Y~
02/13/96 09/21/99 4 Y~ars
09/21/93 09/21/95 2 Years
2/13/96 09/21/99 4 Years
02/13/96 09/21/99 4 Y~ars
02/13/96 09/21/99 4 Y~ars
OCT
PG.
oo
EXE~ SlnVIMARY
PETITION NO, PUD-97-11, ALAN D. REYNOLDS OF WILSON, ~ BAKTON AND PEEK,
INC., AND GEORGE VAKNADOE OF YOUNG, VAN ASSENDERP AND VARNADOF_., P.A.
KEP~~G BARRON COLLIER PAKI2x'ERSHIP, REQUESTING A KEZ~G OF
CERTAIN DEFINED PROPERTY AS HEREIN DESCRIBED FROM "I" AND "A" TO "PUD"
(CREEKSIDE COMMERCE PARK PUD) FOR PROPERTY LOCATED AT THE SOU'IItEAST
AND SOUTHWEST INTERSEC~ON OF IMMOKALEE ROAD (C.R. 846) AND
FRANK ROAD (C.R. $$1), IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIE~ COUNTY FLORIDA, CONSISTrNG OF 10~.4 ACRES.
This petition seeks to have certain property as herein defined rezoned fi'om "A" Rural Agriculagg mi
'I" Industrial to qqJD' Planned Unit Devclopment.
CONSIDERATIONS:
The petiti~ proposes to rezone the subject property to 'PUD" in order to eslab~ a busizess
commerce park consisting of professional offices, commercial services, medical offices, [ma~ig
institutions, light rnanufacuiring, warehousing and wholesale distribution of goods on ~ subject 108.4
acre site.
The PUD Master Plan reveals two land use districts "B" s.nd 'IC" for various intensities of commercial
office and light industriaJ use. The Industrial/Commerce District "lC' e~,,o~ ~pproxhnaIdy 44
~res of the subject site ~d provides a maximum floor ~re~ of 620,000 square feet for li8tg ~
~nd office use. 'rbe Business District 'B" encompass~ approximaiely 17 ~cres a~l provides ~
maximum floor area of 190,0(X) square fect of floor area for commercial, professica~l office sad
business use. In total, the PUD will provide 810,000 square feet of floor ~ for light industr~ ~zzd
commercizl related l~nd us~. The tom,zing 47 ~cres is d~ignaI~l for op~ ~ zmive vc~:tgtion
r~ztion, w~ter nm'~gern~t, lakes, landsc..~pinl~ utility e~c~ents, right-of-way ~d public ~ ~gi
~'er facilities.
Acce~ to ~e subjea property is prov/ded from
fig~f-way ~ou ~o~ ~e pro~d~ on ~e
~d~8 ~d ~fing p~ ~ou~o~ ~e ~e
~ ~ Co~ ~ ~opm~
~pin8 ~d ~~ ~e ~~t ~ ~d
~o ~d~ for a ~ d~ pl~ ~g p~
~th the ~~r~ ~ds ~on 2.8
D~elopm~ in ~e 'lC' ~a w~ b ~j~
of ~~ ~ds ~ ~d~g to ~
~dor ~ong ~te F~ Ro~.
The subject property is located south of Immok~ee Road at the intersection with Goodlette Frank
Road. Property located cut of Goo<tl~e Frank Road (38.9 acres) is currently zoned Industrial and is
undev~oped. Property located west of Goodlette Frank Road (~.48 acres) is zoned ~ and
Rural Agrioatmral. The agricultural property is used for farm production and · packing pla,~t exists on
the industrial property. The remainder of the industrial property is undeveloped.
To the north~ and northwes~ corners of this intersection property is zoned 'PUD" and for the most
part dev~oped with medical, office, hospkal and ~ uses. ~ely to the east of the
the ~ of the subject property is "A' zoning, actively being used for crop production. To the
sou~ of the subject property, west of C, oo~e Frank Road, contiguous property is zoned PUD
(Pelican Mar~ PUD). The PUD is developed with a golf cour~ configuou~ to the ~ject
provides mixed upscale housing units interr~ to the project. An extensive landscaped berm is
contiguous to this portion of the site. To the southwest of the subject site, east of Goodlette Frank
Road, contiguous property is zoned "I" Industri,l and is developed with the Collier County North
Sewage Treatment Facility.
Clearly, in the opinion ofstaffthe subject property east of Goodleffe Frmk Road is not suitable for aay
type of residential u~e. On the other hand with appropriate land~tpMg, buffeting, and architectm'al
guidelines, commercial and industrial development on property west of C,-oodle~ Frank Road as
intended will not further erode living conditions for residents of the nearby Pelican Marsh and Coirie~s
Reserve PUD's. In view of the impacts that s. ffect this property, staff concludes that a commercial and
light industrial use of the subject property is the only reasonable use of the land. The type of
commercial uses proposed are generally consistent with the C-l, C-2 and C-3 zoning districts. The type
of light industrial uses proposed are consistent with the Industrial Zoning District. In the opinion of
staff the uses proposed are those appropriate for this type of location. It should be noted th,st
businesses fronting Immokalee and Goodlette Frank Roads within the "B" District will comply with
unified architectural and site design guidelines in accordance with Division 2.8 of the LDC.
Development in the "IC" District which is adjacent to Goodlette Frank Road will employ · combination
of architectural standards and landscaping to maintain an aesthetic, ally pleasing streetscaped view
corridor.
The Collier County Planning Commission (CCPC) was scheduled to hear this petition on September 18,
1997, however, the /tern was continued to October 2, 1997 because three members of the seven
members in attendance abstained from voting, leaving only four ~ which con~q~ did not
provide a quorum. Therefore, in order to meet the BCC advertised public bearing d~te of October 14,
1997, this executive sunumry is absent a CCPC recommendation. Staffwill verbally note for the record
the omcome of the October 2, 1997 meeting.
All rezoning actions require a findings on the part of the Collier County Harming Commission
based on the provisions of Section 2.7.2.5. A preponderance of the rezone fuxlings m-ppott aa action to
rezone the subject lands to the PUD zoning district. The rezone findings are formatted to give both
reasons for or against a decision to rezone the subject property. Said findings ar''
Executive Summary submission together With the staffrepon and reco~on.
[ OCT 2 1 997
c0
'¸0
A summary ofthe major Pro/Cons from the P,~.zone Finding report is ~s follow~:
PRO
CON
The GMP earmarks this area for medical facilities,
co~ and light industrial type land uses.
The project is desired in a manner that is
compat~le with surrounding commercial and
industrial projects.
Unified architectural styles and guidelines have
been provided for in the PUD Docum~t.
Development standards are consistent with those
standards outlined in the commercial and industrial
zoning districts.
A majority of the subject site has been historically
cleared and farmed. Environmental impacts are
Adjacent residents often perceiv~ commercial and
~ developme~ as · ~ factor to
The site generated tra~c represents a
increase on lmmokalee Ro~d and Goodlette Frank
Road by exceeding tho sisnit~caac~ ~ vohm~
percen~ of the Level of ~'vice "C" design
ca~a~).
In the short run construction Uaffic is ~
for commercial and industrial development, ~
~s may be irritating to Ioc~ reg~.
Each of the project roadways provide sidewalks,
landscaping and unified street lighting.
All road segments within the projects radius of
development influence (RE)I) will operate at
acceptable levels.
FISCAL I]~PA~:
This petition by and of itself will have no fiscal impact o~ the County. H~, if this Immndment
achieves its objective, the land will be developed. The mere fact tl~ new de~/opment has been
approved wiil result in a future fiscal impact on Coumy public facilities. The Coumy collocts impact
fees prior to the issuance of building permits to help off-~e~ the ~ of ~ ~'w ~ oo
public facilities. These impact fees are used to fund projects in the ~ ~ Element
needed to maintain adopted levels of service for public facilities. In the event tha~ iml:mCt f~ collecfiom
are inadequate to maintain adopted levds of service, the County must provide ~ funds f~c~n
other revenue sources in order to build n~cled faci~es.
GROWTH MANAGEMENT EM:PACT:
Ali of the property is located within the Urban Designated Area on the Future
Future Land Use Element to the Growth Management Plan.
A review of consistency relationships with elements of the GMP is as foiiows:
Future Land Use Elem~t -
The subject property is zoned "A", Rural Agricull~'al aru:l T, Industrial. It is de~igr~ed Urban
(Urban - Mixed Use District, Urban Residerrfial Subd~ct) on the Fuw'e Land Use Map ofthe Cn'owth
Management Plan. Portions of the site are located within 'A mile ofthe North Collier Hospital. During
implementation of the County's zoning re-evaluation program, the "I" zoned portions of the site ~
determined to be "improved property" or w~e granted a compatibility exception.
The Creekzide Comrnerce Park PUD proposes a maximum floor area of 810,000 square feet containi~
the followin8 u~s: support medical uses within ~A mile of the North Collier Hospital; a variety of
industrial, business park, ~ office uses; and, limited retail commer~ uses (maximum of 40,000
square feet). An internal road network is proposed as well as provision of central wa~er and sewer.
The subject site abuts lands zoned for and/or developed with non-residential uses. However, the ~
to the west, zoned "A" and designated Urban Residential Subdistrict, can reasonably be expected to be
rezoned at some time in the furore to permit urban intensity uses. Such uses could include ~onal
or residential uses under the present FLUE. (The proposed FLUE, if adopted, might allow Business
Park uses and possibly li~ted commercial uses).
Relevant to this petition, the Urban Designation:
(1) allows support medical facilities within '~4 mile of an existing or approved hospital or medical center;
(2) via Policies 5.9 and 5. l l, allows development and/or redevelopment, in accordance with existing
zoning, of properties deemed "improved" or granted a compatibility exception under the zoning
reevaluation program;
(3) via the Urban - Industrial District, provides that n~v industrial land uses may be approved adjacent
to industrially zoned lands subject to the following criteri&: a) the rezone mug be in the form ora PUD;
b) the proposed uses must be compatible with adjac~ land uses; c) necessary infi'sstmclxu'e, including
an internal road network and central water and sewer, must be provided;
(4) provides for properties designated Urban - Industrial District to be rezoned to PUD Industrial
and/or Business Park zoning districts; and,
(5) provides that the boundaries of the Urban - Industrial District are transitional and the uses along the
perimeter of that District must be transitional.
Based upon number (3) above, lands adjacent to indusuSally zoned lands are eligible for expansion.
Accordingly, such properties are eligible for the provisions noted in mmimrs (4) and (5) above. As
previously interpreted and implemented, provision number (5) above allows for C-5 and C.-4 zoning
districts to be located along the perimeter of Urban - Industrial Districts. Examples of this include the
C-5 zoning along the perimeter of Napl~s Production Park, located on Airpon-lMling Road and north
of Radio road; and, the C-4 rezone for Naples Dodge along the perimeter ofJ & C ~ Park on
Airport-Pulling Road, north of Pine Ridge Road.
Based upon the above analysis, it is the opinion of Comprehensive Planning
Commerce Park PUD can be deemed consistent with the FLUE ~ 1) the
4
Tra~c Cn'cul~on Eleme~ -
(2003)
~ Commercial:
Medical Office:
General OfCcp:
Business Park:
5,164 E)s trips
;S9 trips
s,sg8 Daily
The total site generated ~ps tre adjusted to account for pus-by ~ps based on the 1TE Trip
Mam~ f'o~ cormnerc~a] uses. The ntt external trip 8~on: 13,340 DaVy Tr~ps.
The trips were manua~ assigned be~l on known traffic patterns, tumin8 movenmts, and thorough
knowledge of travel characteristics of the urb~ area. Staff' u.~gned 30 percent of the total nite
8eoera't~ tra~c to .*urn west on C.K 846 and 30 percent to turn soLnh on Goodlette Frt~ Road. St, a~
assigned the remaining 40 percent of the site 8eno'ated trips ~o mm ~ on C.R. 846.
Roadway s~gment~ with project trips ex~__~r,8 $ percent of LOS "C' design voh2me are [n'~umed to
have a ~ic.a~ impact. For example, the LOS "C' design ct~c~y for Immoknlee Road (4 lanes)
between U.S. 4! and C.R. 3~ is 36,400 trips. Five percent oftl~,,x)iumeis 1,820trips i~ day. The
Policy 5. I of the TCE states ~ the BCC si'mil not appro~ stny request that si~ni~antly
roadway operatinS or projected to opeme V an unacceptable level of service unless
5
Staffanalysis indi~tes that the trips generated by this project exceed the significance test on Immokalee
Road (C.IL 846) fi.om U.S. 41 to C.R. :31 and on Goodlette Prank Road (C.R. gSl) south of
Immokalee Road. However, Immok~lee Road fi.om U.S. 41 to C.IL :31 is operating at LOS "B",
lmmokalee Road fi.om C.R. 31 to 1-75 is operating at LOS "A", and C-oodlett¢ Frank Road ~at,,th of
Immokalee Road is operating at LOS "A". A~so, with the extension of Livingston Road from
Immokalee Road to Bonita Beach Road and the extension of Vanderbilt Beach Road, road volumes on
Immokalee Road will be reduced. The TIS indicates that ail road segmems within the project's radius of
development influence CEDI) will operate at acceptable levels. Therefore, the proposed rezone request
is consistent with Policy 5.1 & 5.2 of' the Traffic Circulation Element (TCE) of the Growth
Management Plan and does not require project phasing.
Open S_Dace Element -
The total open space (3 $.8 a~es) and the open space that each individual devetoptnem parcel sets aside
as a ~unction ofcomplying with setbacks, water rnanagement and design featta'ea exceeds the thirty (30)
percent required by the LDC. Staff'is confident that this project as designed is consiste~ with the ~
space element.
Other A0~licable Elements -
These include utilities and water management. Development of the land will proceed on the bases of
connection to the County's sewer and water distribution system. Once these utility lines are ~
in accordance with County standards, they will be deeded to the Collier County Water=Sew~ ~ ns
required by County Ordinances.
Water management facilities will be constructed to meet County Ordinances and these will be rm, iew~
and approved as a sanction of'obtaining s~bsequent development order approvals.
The above prescribed course of action makes this petition consistent with this elenm'R of the GMP.
HISTORIC/ARCHAEOLOGICAL IM'PACT:
Staffs analysis indicates that the petitioner's property is located outside an area of' historical saxl
archaeological probability as referenced on the official Collier County Probability Map. Therefore, no
Historical/Archaeological Survey and Assessment is required.
Pursuant to Section 2.2.25.8.1 of the Land Developmem Code, i~ during ~ course of site clearing
excavation, or other construction activity an historic or archaeological artifact is found, all deve]~
within the minimum area necessary to protect the discovery shall be immediately gopped and the Coaier
County Code Enforcement Department contacted.
6
OCT 1 1997
~G COMbflSSION RECOMMENDATION:
St~will ve~b,~lly ~e f~ ~ r~d ~ ~ ~ ~ ~ 1997 ~ ~ ~ i~ rd~ ~o
I~t~tion PUD-97-11, · petition to rezone cert~ pr .operty fi'om "A" ~xi "I" m '"IR~'D", ~ lo ll~
I~J~CII)AL I~AN'NER
DONAteD W. ARNOLD, AICP
VINCENT A. CAUTERO, ADM:INISTRATOR
COMMUNITY DEV. AND ENVIRO~NTAL SVCS.
ISJD.~7.11 EX SUMMA~YfFD
'7
1997
AGENDA ITEH $7-R
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT SERVICES DMSION
DATE:
SEPTEMBER 4, 1997
PETITION NO: PUD-97-11, C/I~IDE COMMERCE PARK PUD
OWNER/AGENT:
Agent:
Bruce Tywn
Wilson, Miller, Barton & Peek, Inc.
3200 Bailey Lane, Suite 200
Naples, Florida 34105
George Varnadoe, P.A.
Young, VaaAssenderp & Varnadoe, P.A.
$01 Laurel Oak Drive, Suite 300
Naples, Florida 34108
Ban'on Collier Pm"tncrsh/p
2640 Golden Cl.te Parkway
Naples, Florida 34105
~OV'EST~D ACnO~;
The petitioner is requesting a rezone t~om "I" and "A" to "PUD" to be known ~s C~tside C, ommen~
Psrk PUD.
GEOGRAPHIC LOCATION:
The ~ubj~ct prol~'y i~ loc~l at the southea~ and ~ hnem~on of Immolal~ Ro~d (C.R.
846) taxi C,-oodle~e Frank Road (C.R. 850, in Section 27, Township
CoI]ier Coumy Florida, co~ of 10S.4 ~cres (See i~m~don fo[lowin8
FURPOSE/DESCRIFrION OF PROJECT:
The petitioner propo~e~ to rezone thc mbject property to "PUD' ia ord.' to ~t~bl/~ · ~
commerce p~rk confining of light ~ w~~ whole,tie gimibufion, axrfes~k,~ ~
mex:Uc~ office~, finand~l huti~ons and bu~,e~ ~e~wice$ on the ~d)ject 108.4 ~ ~;. · ...
AGEN A
OCT ~ 1
1
The PUD Master Plan reveals two land use districts "13" and "lC" for variot~ intensities of commercial
and industrial land uses. The Industri~Commerce District "lC" encompasses approximately 44 acres
and provides a max~um floor area o£ 620,000 square feet for industrial land uses. The Business
District "B" encompasses approximately 17 acres and provides a maximum floor area of 190,000
square feet of fioor area for commercial land uses. In total, the PUD witl provide 810,000 squ~re feet
of floor area for industrial and commercial related land uses. The remainder of the property is
designated for open space, native vegetation reten~on, water management, lakes, landscap~ utility
easements, right-of-way and public watcr and sewer faci~ties.
Access to the subject property is provided fi-om Immokalee Road and Goodlette Frank Road. An
interior rig, hi-of-way cross section is provided throughout the entire project, establishing · unified
pedestrian, landscaping and lighting plan. The developme~,t standards to be applied to the types of
land uses permitted by the PUD document are consistent with those development standar~ outlined in
the Collier County Land Development Code (I.DC) for commercial and industrial land uses.
Landscaping and buffering are consistent with, and in some cases exceed, LDC requirements. The
PUD also provides for a unified sign plan, lighting plan, and architectural and site design plan.
Compliance with the architectural standards (Div. 2.8 of the LDC) are required in the "B' District.
Development in the "lC" district which is adjacent to Goodlette Frank Road will employ a
combination of architectural ~andards and landscaping to maintain an aesthetically pleasing
streetscaped view corridor along Goodlette Frank Road.
SURROI)'NDING LAND USE AND ZONING:
Existing:
The subject property located at the southeast imersection of
Goodlerte Frank Road and L-n,mokalee Road is undeveloped,
contains upland vegetation and is zoned 'I". Property located at
the southwest intersection of Goodlette Frank Road and
Immokalee Road is undeveloped and zoned "A" and "I'. The
"A" zoned property is being tnilized as farm fields. An old
packing house exists on the "I" zoned property.
Surrounding:
Nonh-
Immok~lee Road (C.1L 846) parallels the northern property
boundary. North of Immokalee Road is the Collier Health Park
PUD, North Naples Medical Park PUD and Collier Tract 22
PUD. Medical and professional offices are permitted and under
construction within each of these PUD's.
West-
To the west of the subject property is active fanning operations
on property zoned "A".
South -
South of the subject property and west of Good~ette Frank
Road, the site is contiguous to the Pelican Marsh Golf Course.
An extensive landscaped
boundaries.
L /!
South of the subject property and east of GoodleRe Frank Road
is the Collier County North Sewage Treatment Faeiliw. This
facility is developed and is zoned "I".
East -
East of' and abuttLng the subject site is the Southwest
Professional Health Park PUD. The subject PUD is presemiy
undeveloped. To the southeast is the Veterans Community
Park.
GROWTH MANAGEMENT PLAN CONSISTENCY:
All of the property is located within the Urban Designated Area on the Future Land Use Map to the
Future Land Use Element to the Growth Management Plan.
A review of consistency relationships with elements of the GMP is as follows:
Future Land Use Element -
The subject property is zoned "A", Rural Agricultural and "I", Industrial. It is designated Urban
(Urban. 1Wlxed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the
C-torah Managernen! Plan. Portions of the site are located within ~ mile of the North Collier
Hospkal. During implementation &the County's zoning reevaluation program, the 'T' zoned portions
of the site were determined to be "improved property" or were granted a compatibility exception.
The Creekside Commerce Park PUD proposes a maximum floor area of 810,000 square feet
containing the following uses: support medical uses witkin 'A mile of the North Collier Hos~)ital; a
variety of industrial, business park, and office uses; and, limited retail commercial uses (maximum of
40,000 s.f.). An internal road network is proposed as well as provision of central w~ter and
The subject site abuts lands zoned for and/or developed with non-residential uses. However, the lands
to the west, zoned "A" and designated Urban Residential Subdistfict, can reasonably be expected to be
re. zoned at some time in the future to permit urban intensity uses. Such uses could include institutional
or residential uses under the present FLUE. (The proposed FLUE, if adopted, might allow Business
Park uses and possibly limited commercial uses.)
Relevant to this petition, the Urban designation:
(1) allows support medical facilities within ¼ mile of an existing or approved hospital or medical
(2) via Policies 5.9 and 5.11, allows development and/or redevelopme~n, in accordance with existing
zoning, of properties deemed "improved" or granted a comp&tibility exception under the zoning
reevahafion program;
(3) via the Urban - Industrial District, provides that new industrial land uses may be approved adjacem
to industrially zoned lands subject to the following criteria:
PUD; b) the proposed uses must be compatible with adjacent land uses; c) necessary,~~_eq~re~
including an imerr~ road network and central water and sewer, must be provided; 1~ A0~ O --
(4) provides for properties designated Urban - Industrial District to be rtzoned to UD
and/or Business Park zoning districts; and,
(:5) provides that the boundaries of the Urban - Industrial District are transitional and the uses along
the perimeter of that District must be transitional.
Based upon number (3) above, lands adjacent to industrially zoned lands are eligible for expansion.
Accordingly, such properties are eligible for the provisions noted in numbers (4) and (5) above. As
previously interpreted and implemented, provision number (5) above allow~ for C-5 and C-4 zonin8
districts to be located along the perimeter of Urban - Industrial Districts. Examples ofthi~ include the
C-$ zoning along the perimeter of Naples Production Park, located on Airport-Pulling Road ~ north
of Radio Road; and, the C..4 rezone for Naples Dodge along the perimeter of; & C Industrial Park on
Airport-Pulling Road, north of Pine Ridge Road.
Based upon the above analysis, it is the opinion of Comprehensive Planning staff that the Creehide
Commerce Park PUD can be deemed consistent with the FLUE if: 1) the PUD is found to be
compatible with adjacent properties; and, 2) the Statement of Compliance on page ii of the PUD
document is modified to reflect the above analysis.
Traffic Circulation Element - The petitioner is requesting to rezone the subject property bom "A" and
"I" to "PLTD" to allow for a 810,000 square foot commerce park. Build-out is anticipated by 2003.
The purpose of this traffic planning review is to determine the project's consistency with the Traiti¢
Circulation Element of the Growth Management Plan.
~L.C~Z~I~.II - Trip generation estimates for the proposed land use were derived by application of
the average rate found in the ITE publication "Trip Generation, FLRh Edition". No project phuing
plan is proposed.
(:oo3) -
Retail Commercial:
Medical Office:
General Office:
Business Park:
5,164 Daily trips
3,289 Daily trips
415 Daily trips
8,598 Daily trips
The total site generated trips are adjusted to account for pass-by trip based on the ITE Trip
Generation Manual for commercial uses. The NET External Trip Generation: 13,340 Daily Trips.
Trio Assi_m~menl - The trips were manually assigned based on known tra~¢ patterns, turning
movemems, and through knowledge of travel characteristics of the urban area. Staff assigned 30
percent of the total site generated traffic to turn west on CR-846 and 30 percent to head south on
Goodlette Frank Road. Staff'assigned 40 percent to turn west on CR-846.
Current Conditions:
b'm~ok, alee Road (CR-846)
From US-41 to CR-31
Year mOS
1~6 4 30,9~AADT ~)
OCT g ! 1997
Immokalee Road (CR-846)
CR-31 to 1.75
Year Lanes Tra~c Count ~
1996 4 24,237 AADT (A)
Goodlette-Frank Road CR-851 South of
Immoiralee Road
1996 2 10,268 AADT (A)
Planned Roadway Improvements:
Immokalee Road (CR-846) is planned to be improved to a four lane facility from 1-75 to CR-
by 2oo .
2. US-41 north of CR-846 is planned to be improved to a 6 lane facility by 1998199.
Goodlet~e Frank Road south of CR-846 is scheduled to be improved to a 4 lane facility by
~ - Roadway segments with projea trips exceeding 5 percent of LOS "C" design volume are
presumed to have a signi~cant impact. For example, the LOS "C" design capacity for lmmokalee
Road (4 lanes) betw~ US..41 and CR-31 is 36,400. lrrve percent of this volume is 1,820 trips per
day. The project is presumed to have a significant impact if the project trips exceed 1,820 trips a~er
trip usignmenu. The presumed impact is verified by determining if the project's tra~c will lower the
level of service of the roadway below it's adopted LOS ~D" standard by adding the project tra~¢ to
the projected background traffic. The petitioner estimates that the project will be completed by the
year 2003.
Policy 5.1 of the TCE states that the BCC sba/1 not approve any request that significantly impacts a
roadway opertting or projected to operate at an unacceptable level of service unless speci/i¢
mitil~tion meuures are ~aken.
Staff analysis iz~licates that the trips generated by this project exceed the s/gnificance test on
lmmokalee Road (CR-846) from US-41 to CR-31 and on C. mo<Hette Frank Road (CR-851) south of
Inmxdcalee Road. However, with the e:aension of Livingston Road from Immokalee Road to Bon/ta
Beach Road and the extension of Vanderbih Beach Road, road volmnes on Immok~lee Road will be
reduced. The TIS indic,tes that tll road segments within the project's radius of development
(R.DO will operate at acceptable levels. Therefore, the proposedFe2~ne I'equest is''....
Policy 5.1 & 5.2 of the Trtffi¢ Circulation Element CI'CE) of the Growth
_Open Soace Elem~t - The total open space (38.8 acres) and the open space thai each individual
development parcel sets aside as a function of complying with setbacks, water rnanag~ and design
features exceeds the thirty (30) percent required by the LDC. Staff is confident thai this project
designed is consistent with the open space element.
Other A~_ _ licable Elements - These include utilities and wa~er management. Development ofthe land
will proceed on the bases of connection to the County's sewer and w~ter dism'bution system. Once
these utility lines are completed in accordance with County standtrds, they will be deeded to the
Collier County W~ter-Sewer District as required by County Ordinances.
WaIer managemem facilities will be constructed to meet County Ordinances and these will be
reviewed tnd approved as a sanction of obtaining subs~luent development order approvals.
The above prescribed course of action makes this petition consistem with this element ofthe GMP.
HISTORIC/ARCHAEOLOGICAL IMPACT~
Staffs analysis indicates that the petitioner's property is located omside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore, no
Historical/Archaeological Survey and Assessment is required.
Pursuant to Section 2.2.25.8.1 of the I.~nd Development Code, if, during the course of site dearinlg
excavation or o~her construction activity an historic or archaeological ~tifaa is found, ali
development within the minimum area necessary to protect the discovery shall be immediately stopped
and the Collier County Code Enforcement Department contaaed.
EVALUAT/ON FOR ENVIRONMENTAL, TRANSPORTATION AND INFRAS~U~
The subject petition has been reviewed by thc appropriate staff' responsible for oversight related to the
above referenced areas of critical concern. This primarily includes a review by the Commtmity
Development environmental and engineering s',aff, and the Transportation Departmem's staff. This
petition was reviewed by the EAB on September 3, 1997. Their reconunen~tions are included in the
Development Commitm~ts Section of the PUD as well as those ofjurisdictional staff.
Staff completed a comprehensive evaluation of this land use petition tad the criteria on which a
favorable determination must be based. This evaltmion is intended to prov:,de an objective
comprehens/ve overview of the impact of the proposed ~ use ~ be they positive or ne~tive,
ctflminating in a staff recommendation [,tsed on ~ comprehemiv~ overview. The listed tritetia are
erratically n~ed/n Section .2..7.2.:5. and 27.3.2.S Of.t~. ~ Devgo~ Code rims requiring
on ara comment, mo snau t~ us~o as the basis for · m:omm~d,Iion of approvg or al=g,! by
the Planning Commission to the Board of County Co~. ~ of fl~ potemi~ ~ or
considerations iderrdfied during the staff review ar~ listed under ~ of the
categorized as either pro or con, which~er the case my be. Staff review
followed by a summary conclusion culmmting in a determmfion of comp~
I OCT 2 1 1997
compliance with mitigation. These evaluations are completed as separate documents and are attached
to the staff report.
Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action
by appointed and elected decision rr~kers. The evaluation by professional ~ should typically
include an a~lysis of the petition's relationship to the commtmity's future ~ use plan, and whether
or not a rezoning action would be consistent the Collier County Growth Managemem Plan and all of
ks related elemems. Other evaluation considerations should include an assessment of adequacy of
transportation, infi'astructure (i.e., sewer, water, storm drainage and private utilities and other
infi'astmcture (i.e., commurfity facilities and services) and compatibility with adjacent Hand uses, a
consideration us'ugly dealt with as a facet of analyzing the relationship of the rezoning action to the
long range plan for future land uses.
Relationshi_o to Future a~d Existing Land Uses - A discussion of this relationship, as it applies
specifically to Collier County's legal basis for land use plznning, refers to the relationship of the
proposed zoning action to the Future Land Use Element of the Collier County Growth Management
Pl~n. By virtue of' its FLLFIB relationship the land may be rezoned for commercial, medical and
industrial uses. Currently, the subject property located at the southeast intersection of Immokalee
Road and Goodlette Frank Road, approximately 38.9 acres, is zoned 'I' Industrial, leaving the
remainder of the subject property at the southwest intersection of Immokalee Road and Goodlette
Frank Road, approximately 69.48 acres, zoned ~I' Industrial and 'A~ Rural Agricultural. The N.E.
and N.W. comers of this intersection are zoned 'PUD' and for the most part are developed with a
hospital, and medical and professional offices. Immediately to the east of the subject property is an
undeveloped PUD approved for commercial and medical uses. Immediately to the west of the subject
property is 'A~ Rural Agricultural zoning, and is actively being used for farm production. To the
southwest of the subject property, west of Goodlette Frank Road, contiguous property is zoned
"PUD" (Pelican Marsh PUD). The property is developed with a golf course paralleling the subject site,
and provides mixed upscale housing units internal to the project. An extensive landscaped berm is
contiguous to this portion of the subject site. To the southwest of the subject site, east of Goodlette
Frank Road, contiguous property is zoned "I" Industrial and is developed with the Collier County
North Sewage Treatment Facility. Clearly, in the opinion of staff the subject property east of
Goodlette Frank Road is not suitable for any type of residential use. On the other hand with
appropriate buffering, commercial and industrial development on property west of' Goodlette Frank
Road as intended will not further erode living conditions for residents of the nearby Pelican Marsh
PUD. In view of the impacts that affect this property, staff concludes that a commercial and light
industrial use of the subject property is the only reasonable use of the land. The type of commercial
uses proposed are generally consistent with the C-1, C-2 and C-3 zoning districts. The type of light
industrial uses proposed are consistent with the Industrial zoning district. In the opinion of'stall'the
uses proposed are those appropriate for this type of location. It should be noted that businesses
fronting Immokalee and Goodlette Freak Roads will comply with unitied arOfitectaral and landscaping
guidelines provided for in the PUD document. This is · response to · development strate~ which
encourages the use of property that fi'onts major roadways with buildings that have more architectural
and landscape sigl'fific, ance.
AI~EII DA ITEM
NO. ~
OCT 1 log?
Trt~c - Roadway segrncms with project trips exceed~g 5 percent of LOS "C" design voktme are
presumed to have a significant impact. For example, the LOS "C' design capacity for Immokalee
Road (4 lanes) between US-41 and CR-31 is 36,400. Five percent of this volume is 1,S20 trips per
day. The project is presumed to have a significam impact if the project trips exceed 1,820 trips alter
trip assignments. The presumed impact is verified by determining if the project*s ~c will lower the
level of sa, vice of the roadway below it's adopted LOS "D" standard by adding the project traffic to
the projected background traffic. The petitioner estimates that the project will be completed by the
year 2003.
Policy $. 1 of the TCE states that the BCC shall not approve any request that significantly impacts a
roadway operating or projected to operate at an unacceptable level of service unless specific
mitigation measures are taken.
Staffs analysis indicates that the trips generated by this project exceed the significance test on
Immokalee Road (CR-$46) from US-41 to CR-31 and on Goodlette Frank Road (CR-851) south of
Immokalee Road. However, with the ex'tension of Livingston Road from Im,'nokalee Road to Bonita
Beach Road and the extension of Vanderbilt Beach Road, road volumes on Irnmokalee Road will be
reduced. The TIS indicates that all road segments within the proiect's radius of development influence
(RDI) will operate at acceptable levels. Therefore, the proposed rezone request is consistent with
Policy 5.1 & 5.2 of the Traffic Circulation Elemem (TCE) of the Growth Management Plan.
Access to the property is provided from Immokalee Road (CR-$46) mad Goodlette Frank Road (CR-
851). Both of these roadways are County maintained. The petitioner is responsible for providing the
necessary turn lanes, intersection improvemems, signalization and arterial level street lighting along
these roadway corridors. The specificity of these improvements are identified in the PUD document.
Utility_ Infrastructure (i.e. Sewer. Water and Storm Water'~ - Development occurring at this property
will.be connected to the County's sewer and water distribution system, evidence which further attests
to the timeliness of development of property. All development must comply with surface water
management requirements invoked at the time of subdividing or for approval of SDP's whichever first
occurs. Water management planning, is however, already reflected on the master plan for the entire
site.
Community_ Services Support Facilities - Both fire, police and other emergency services can be readily
provided from the appropriate provider jurisdiction.
MASTER PLAN AND PUD DEVELOPMENT STANDARDS:
~ - The master plan illustrates Land Development Code requirements relative to landscape
buffers, open space, and water management. The plan also sets aside as preserve areas those lands
which qualify as jurisdictional wetlands and native vegetation. The imemal street system provides
connections to Immokalee and Goodlerte Frank right-of-ways. These meets provide pedestrian
walkways, landscaping, and a unified street lighting plan. Access to the arterial roadway network
complies with the Access Management Plan.
OOT Z 1 1997
,.,. /7
Develo~nern Standard~ - The development standards within the Business District "B', are similar to
~ C-~ zoning district which most closely characterizes the uses authorized by ',his district. Building
heights are limited to thirty-ire (35) feet, except for buildings within ¼ mile ofthe hospital property
botmdary which provides for a maximum of ~ (50) feet. The development standards within the
Indumial/Commerce District "IC", are similar to the Industrial zoning district which most closely
characterizes the uses authorized by this dish'ici. Building heights are limited to flgny-fiv~ (35) feet.
With respect to LDC provisions having general applicabili~ (i.e., parking, landscaping signs, and
architecniral standards) these all apply to this PUD.
STAFF RECOMMEIVDATION:
Thai ~ Collier Coumy Planning Commission (CCPC) recommend approval of Petigon PUD-97-11,
having the effeci of rezoning certain land to the Planned Unit Development district and ~ the PUD
document and master plan except as herein modified be approved as exhibits to the Ordinance of
Adoption.
PREPARED BY:
BRYAN;ldlLK '
REVIEWED BY:
I~OI~/~,T J. MULHEKE, AICP
PLANNING M&NAGF. K~ .-..
DONALD W. ARNOLD, AICP
InCTO.
/_' /_.._
DATE
DA?~
Petition Numbcr PUD-97-11
StaffRepon for September 18, 1997 CCPC meeting
Note: ~ petition ha~ been advertised for the October 14, 1997 BCC meeting.
COLLIER COUNTY PLANNING COMMISSION:
MICHAEL A. DAVIS, CHAIKMAN
PLrD*97-11 STAFF REPORTIpd
0CT/ I/997
REZONE FINDINGS
PETITION PUD-97-11
Section 2.7.2.5. of the Collier County Land Development Code requires tim the report ~ad
r~,omm~ora of the Pl~in8 Commission to the Bo~'d of County Commi~onen ~ ~how
that the Planning Commission has studied and considered the proposed change in relation to the
following, where applicable:
Whether the proposed change win be consistent with the goal& objectives, and
policies and Future Land Use map and the dements of the Growth Management
Plan;
Pro/Con: Evaluation not applicable.
Summary Findines; The proposed development is in compliance with the Future Land
Use Element of the Growth Management Plan for Collier County and all other elements,
their objectives and policies. All of the properly is located within the Urban Designated
Area on the Future Land Use Map to the Future Land Use Element to the Growth
Management Plan. A detailed summary of compliance with the GM~ is provided in the
staff report.
The existing land use pattern;
Pro/Con: Evaluation not applicable.
Existing:
The subject property at the southeast irttersection ofGoodl~e Frmk Road
and Irnrnokalee Road is undeveloped, contains upland vegetation and is
zoned "I". Property located at the southwest intersection of Goodlette
Frank Road and Imrnokalee Road is undeveloped and zoned "A" and "I".
The "A" zoned property is being utili,ed ~s farm fields. An old packing
house exists on the "I" zoned property.
Surrounding: North -
Immokalee Road (C.R 846) paralieh the northern property
boundary. North of Immokalee Road is the Collier Health Park
PUD, North Naples Medic. ti Park PUD and Collier Tract 22
PUD. Medical ~ profe~sior,*l offices ~re permitted us~ and
each of these PUD's are undergoing construction for such use.
West - To the we~ of the ~bject property is active f~'min8 opem/ons
on property zoned "A".
South -
South of the subject property and west of Goodlette Frank
Road, the site is contiguous to the Pelican Marsh Golf Course.
An ex~ensive landscaped berm exists between~
I OOT g 1 1997
South of the subject property and east of Goodlette Frank Road
is the Collier County North Sewage Treatment Facility. This
facility is developed and is zoned "I".
East of and abutting the subject site is Southwest Professional
Health P~rk PUD. The subject PUD is presently undeveloped.
To the southeast is the Veterans Community Park.
The possible creation of an isolated district unrelated to adjacent and nearby
districts;
Pro/Con: Evaluation not applicable.
Summary Findints~ The parcel is ora sufficient size (108 acres) that it wiU not remit in
an isolated district unrelated to adjacent and nearby districts. The property is contiguous
to other zoning classifications that essentially permit similar uses.
Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change;
Pro/Co01 Evaluation not applicable.
Summary Findinzs: The district boundaries are logically drawn and they are consistent
with the GMP.
Whether changed or changing conditions make the passage of the proposed
amendment necessary;
Pro/Con; Evaluation not applicable.
Summary Findints; The proposed zoning change is appropriate based on the existing
conditions of the property and because its relationship to the FLUE (Future Land Use
Element ofthe GMP) is a positive one.
Whether the proposed change wUl adversely influence living conditions in the
neighborhood;
Pro/Con: Evaluation not applicable.
Summary Findi.u~; The proposed cl~nge will not adversely influence living conditions
in the neighborhood because the ra:ommencled development standards and other
conditions for approval have been promulgated and designed to ensure the least mount of
adverse impact on adjacent and nearby developments. Furthermore, the p,
is in compliance with the GMP and is compatible with surrounding develop:
2
OCT 2 1 1997
Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of
peak volumes or projected types of vehicular traffic, including activity during
construct/on phases of the development, or otherwise affect public safety;
'ro: (i)
Development of the subject property is consistent with provisions of the
Traffic Element of the GMP, therefore traffic intensity should not sdversely
affect the comfort and safety of existing users on adjacer~ public roads.
A totaJ of fl~ree intersections for in.ess and e~e~ are provided from
Irnmokalee Road md one intersection is provided from Goodle~e Fra~
Road o£ whkh comply with the County's Access Ma.n~$eme~ Phm.
Secondary access points with rigl~ mm lanes will be provided along each
corridor, complying with the County's Access Management Plan.
(iii)
The subject property is located adjacent to the County's arterial and
collector road system.
Con: (i)
As urban intensification increases, there is some loss of comfort and ease of
travel to the motoring public. However, by law this degree of discomfort is
regulated by concurrency requirements.
(ii) In the short run construction traffic is necessary for commercial and
industrial development, and this may be irritating to local residents.
Summary Findint$: Evaluation of this project took into account the requirement for
consistency with Policy 5. I of the Traffic Element of the GMI) and wu found consistent,
a statement advising that this project when developed will not excessively increase traffic
congestion. Additionally certain traffic management system improvements are required
as a condition of approval (i.e. turn lanes, traffc signals, dedications, etc.). In the final
analysis all projects are subject to the Concurrency Management system.
Whether the proposed change will create a drainage problem;
]Prg;
Road improvements precipitaled by this development and water
management improvements to accommodate site development are desilP~d
to accommodate the normal drainage requirement.
Urban intensification potentially can heighten the occasion for area-wide
flooding under the more severe rainfall event.
OCT t 1 lC 7
10.
11.
Summary ¥indints: Every project approved in Collier County involving the tnilization
of land for some Land use ~'tivity is scrutinized and required to mitigate all
drainage generated by developmental activities as a condition of approval. This project
was reviewed for drainage relationships and design and construction plans are required to
meet Courny standards as a condition of approval. In ~ event area wide d~,%iencles
develop, which d~ciencies would be Ktrther exacerbaIed by developin~ ~ land, the
County is required to react throu~ its Concurrency Management system.
Whether the proposed change will seriously reduce light and air to adjacent areas;
pro/Con: Evaluation no! applicable.
~ummarv Findints: All projects in Collier County are subjea to the development
standards that are unique to the zoning district in which it is located. These development
standards and others apply 8enerally and equally to all zoning districts (i.e. open space
requirement, corridor management provisions, etc.) were designed to ensure that light
penetration and circulation of air does not adversely affect adjacent areas.
Whether the proposed change will adversely affect propert}- values in the adjacent
area;
Pro: (i)
Urban intensification typically increases the value of adjacent vacant or
underutilized land.
(ii)
Development standards often do not reflect the quality of the project when
it actually develops. More often than not developers have structured
standards below the actual market response in order to be on the safe side.
Con:
There is no way to guarantee that this project will be marketed in a manner
comparable to the oi~ce and medical parks located north of the subject
property. However, should the project market products of lesser value
than the surrounding development, it could have an adverse economic
effect.
Summary Findints: This is a subjective determination based upon anticipated results
which may be internal or external to the subject property that can affect property values.
Property valuation is affected by a host of factors including zoning, however zoning by
itself may or may not affect values, since value determination by law is driven by market
value. The mere fact that a property is given a new zoning designation may or may not
affect value.
Whether the proposed change will be a deterrent to the improvement
development of adjacent property in accordance with existing relulations;
Or
1991
12.
13.
14.
15.
Pro/Con: Evaluation not applicable.
Summary Finding: The basic premise underlying all of the development standards in
the zoning division of the Land Development Code is that their sound application when
combined with the administrative site development plan approval process, gives
reasonable assurance that a change in zoning will not result in · deterrence to
improvement or development of adjacent property.
Whether the proposed change will constitute a grant of special privilele to an
individual owner as contrasting with the public welfare;
Pro/Con[ Evaluation not applicable.
Summary Findints; The proposed development complies with the Growth management
Plan, a public policy statement supporting Zoning actions when they are consistent with
said Comprehensive Plan. In light of this fact the proposed change does not constitute a
grant of special privilege. Consistency with the FLUE is iirther determined to be a public
welfare relationship because actions consistent with plans are in the public interest.
Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Pro/Con: Evaluation not applicable.
Summnrv Findines; The subject property can be developed in accordance with the
existing zoning, however to do so would deny this petitioner of the opportunity to
maximize the development potential of the site as made possible by its consistency
relationship with the FLUE.
Whether the change suggested is out of scale with the needs of the neighborhood or
the County;
Pro/Con: Evaluation not applicable.
Summary Fiodints; The proposed development complies with the Growth Matmsement
Plan, a policy statement which has evaluated the scale, density and intensity of land uses
deemed to be acceptable for this site.
Whether is it impossible to f'md other adequate sites in the County for the proposed
use in districts already permitting such use;
Pro/Con: Evaluation not applicable.
5
OCT 21
Summary Findint~; There are many si~es which are zoned to accommodate the
proposed development. This is not the determining factor when evaluating the
appropriateness of a rezorting decision. The determinants or zoning are consistency with
all dements ofthe GMP, compatibility, adequacy &infrastructure and to some extent the
timing of the a~'tion and all of the ~>ove criteria.
16.
The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification;
Pro/Con: Evaluation not applicable.
Summary Findint~i The extent of site alteration will be determined as a function of
obtaining a Site Development Plan approval and that neces~ to execute the PUD's
development strategy. The existing wrdands and native vegetation will be preserved.
17.
The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended;
Pro/Con: Evaluation not applicable.
Summary Findints: A multi-disciplined team responsible for jurisdictional elements of
the GIV[P have reviewed this petition and have found it consistent with the GMP, and
where consistency relationships are brought by development conditions or commiunents,
that these have been promulgated and made conditions precedent to approval. In any
event, this petition shall be subject to adequate public facilities at the earliest, or next to
occur, of either Final SDP approval, Final Plat approval, or building permit issuance
applicable to this development. Ail related public utilities have been deemed adequate to
serve this project. The site generated trips will not lower the level of service below the
adopted LOS 'D" standard for any road segment within the project's radius of
development in.fiuenoe (RDI).
NOTE:
GMP u used herein means the CoUier County Growth Management Plan.
~UE means the Furore Land Use Element of the GlVI~.
REZONE FINDINGS PUD-97-11/pd
OCT II 1 1997
FINDINGS FOR PUD
PUD-97-11
Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning
Comttfission to make a finding as to the PUD Master Plans' compliance with the following
The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land., snrroundlng areas, traffic and access,
drainage, sewer, water, and other utilities.
Pro: (i)
Development of l~nd which is located at a major arterial Ctmmok~ee Road)
and a collector (Goodlette Frank Road) is particularly suitable for a business
commerce park.
Oi)
Intensifying land development paaerns produces economies of sc~e rehttiv~
to public utilities, facilities and services, which are currcatJy available in this
area.
(iii)
The extent ti'at location choice is enhanced for business, or, ce and
commerce environments within the designated urban area reduces the push
on urb~ sprawl.
Con:
Nearby residential communities often perceive commercitl and industrial
intensification M contributing factors to inconveniencing movements to and
from their place of residence.
~ Jurisdictional reviews by County staff support the manner and pattern of
development proposed for the subject property. Development condition~ contained in the
PUD document give assurance that ~H infra.r, ructure wiii be developed and be ~
with County regulations. Any inadequacies which 'require supplememin~ the PUD
document will be recommended to the Board of County Commisxionm~ as conditions of'
approval by staff and the CCPC. Traditional Ioc~ions for commercial and industrial
zoning has been near major road intersections and adja,~eut to commercial nodes ~t
intersections.
Adequacy of evidence of unified contFoi and suitability of any ~ qreesnents,
contract, or other instruments, or for amendments in those propose~ par~ fu
they may Felate to arrlnsements or provisions to be made for the coatinuin~
operation and maintenance of such areas and facilities that are not to be provJcled
or maintained at public e~pense.
Pro/Con: Ev~uation not applicable.
OOT 1 1997
®
~ Documems submitted with the applic~on provide evidence of tm~ corm'ol.
The PUD ciocument make~ ~opropfiate provisions for continuing opemion and
Conformity of the proposed Pttnned Unit Development with the Ioals, objecth, es
and policies of the Growth Management PLan.
Evaluation not applicable.
]~lRdilliiThe subject petition ha~ been found consistent with the goals, ~ and
polities of the Growth Management Plan. A more detailed description of this coztf'~
is addressed in the StaffRq~ort.
The internal and external compatibility of proposed uses, which condM, ons may
include restrictions on location of improvements, restrictions on denon, and
buffering and screening requirements.
Pro/Con; Evaluation not applicable.
~]adiililThe PUD Master Plan has been designed to optimize intin'nal land use
relation~p ti~ough the use of w. rious forms of open space separation, landscape buffers
and architectural design guidelines. External relationships are atrtomati~ r~. d~ by
the Land Development Code to Issure harmonious relationships ~ projects.
The adequacy of usable open space areas itl existence and as proposed to serve the
development.
Evaluation not applicable.
~.[IL~The tmount of open space (3C~A) set a.~de by Offs project is consistent with the
provisions ofthe Land Development Code.
The timing or sequence of devdopment for the purpose of assuring the adeqnacy of
avalhble improvements and facilities, both public and private.
~ EvakLttion not applicable.
i~llgia~Tirnin~ or sequence of development in lil~ of concurrency r~luirun~
automaIically trigsers the mechanism for enmring that farther LOS degradation is not
allowed or the LOS deficiency is corrected. ~"£~
2
OOT ,t 1 1997
See Finding No. I, also spplicable for this finding.
The ~bility of' the subject property and of' surroundJnE areas to sccommodate
ezpanstou.
Pro/Con; Evxluation not applicable.
to haztrds, end cepaaity of roads, is supportive of conditions enmmtin8 from urban
development. This ~ssessment is descn~ed at lensth in the staff rtporL Retailve to ~
peti6on, d~veioprn~ of the subjea property is timely, because ~ ~
is tva/hble and deemed to be adequate.
Conformity with PUD Fegulations, or as to desirable modifications of such
regulations in the particular case, based on determinltlon that such modldlcafloas
are justified u meeting public purposes to a degree at least equivalent to Hteral
application of such regulations.
Pro/Con: Evaluation not applicable.
~ This finding essep~"y rcquire~ an evahLst/on of the extent to which
development standards proposed for this PUD depart from de~ stndards tha~
would be required for the most similar ~ontl zoning district. The/e~dolxnent
standards in this PUD &re s/mihtr to those standxrds used for conventional commerdal and
industrial zoning districts. Landscaping, oK-street park/fig and other applicable
development standards comply with the requirements of the LDC.
FINDINGS FOR PUD-97-1 l/pd
3
OOT 1199] {
Date
APPLICATION FOR PUBLIC HEARING
"
COMM~ DE~LOPMENT DI~SION "''
PLA~NG SER~C~
.
:. ,....~
N~e of Appli~t($): Ba~on Collier Pa~ne~hip
Applic&nt's Mailing Address:
2640 Golden Gate Parkway
City: Naples State: FL Zip:
Applicant's Telephone Number:
941-262-2600
Is the Applicant the owner ofthe subject property? [~ Yes F'=] No
a)
b)
c)
d)
e)
Ifapplicant is a land trust, so indicate md name beneficiaries below.
If applicant is a corporation other than a public corporation, so indicate
and name officers and major stockholders below.
If applicant is a parmership, limited ~rtnership or other business entity, so
indicate and name princil~ls below.
If applicant is an owner, indicate exactly ~ recorded, and list all other
owners, if any.
If applicant is a lessee, attach copy of lease, and indicate actual owners if
not indicated on the lease.
If applicant is a contract purchaser, attach copy of contract, and indicate
actual owner(s) name and address below.
(If space is inadequate, attach on ~ page.)
Name of Agent: George L. Varnadoe, Esq.
Firm: Young, van Assenderp & Varnadoe
Agents Mailing Address:
City: Naples
Agent's Telephone Number:
801 Laurti Oak Drive, Suite 300
State: Florida
(941) 59'/-2~14
Zip!
l~,el
~4101
OCT 2 1 ~J97'
DETAILED LEOAL DESCRIPTION OF THE PROPERTY COVERED BY THE
APPLICATION (If space is inadequate, attach on separate l~e. If request involve~
change to more than one zoning district, include separate legal description for property
involved Jn each district. If property is odd-shaped, submit copies of survey (1" Io 400'
scale) ......
THE APPLICANT IS RESPONSIBLE FOR SUPPLYING TIlE CORRECT LEGAL
DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION,
AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED.
SECTION: 27 TOWNSHIP: 48 S RANGE: 25 E
Size of Property: 3000+/. fl. x 1500+/- fl. Acres: 108.4+/-
Address or location of subject property: East and west sides of Goodlette Frank
Road, immediately south of Immoknlee Road.
o
b,
o
Existing Land Elevation:
County Flood Criteria Elevation:
Date subject property acquired ["-] or
leased
, 19
day of
If Petitioner has option to buy, indicate date of option:
and date option terminates:
N/A
Does property owner own contiguous property to the subject property? If so, give
complete legal description of entire contiguous property. (If space is inadequale, allach on
separate page.)
Y~
9. This application is intended to cover: (Check which type of petition you ~re requesting):
Rezoning:
Pre~ent Zoning: Agriculture Requested Zoning:
for: Light Industrial Business and Retail Uses
B. Conditional Use:
Zoning for:
of.'
Page 2
PUD
10. Reason why application should be approved. (Attach additional sheets if necessary.):
I 1. Is proposed use prohibited by deed restrictions? ['"] Yes [5~] No
If yes, provide copy of the deed restrictions.
12. ls this request a result of a violation? E~ Yes [5~ No
If so, to whom was the notice served?
13.
Has a public hearing been held on this property within the last year? No
If so. in ,.,,'hose name?
14. Are there existing structures on the property?
Yes, the Regency Packing House
TYPE: CBS ['-'], FRAME [~, MOBILE HOME [-'], OTHER
!, James G. O'Gara be'~ng first duly sworn, depose and say that I am the owner's representative of the
property described herein and which is the subject matter of the proposed hearing; that all the answers to
the questions in this application, and all sketches, data, and other supplementary matter attached to and
made a part of this application, are honest and true to the best of my knowledge and belief. ! understand
this application must be complete and accurate before a hearing can be advertised. I further permit the
undersigned to act as my representative in any matters regarding this Petition.
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Application was acknowledged before me this i~+k day of
by ,~, who is personally known to me or who has produced
as identification and who did (did not) take an oath.
-, 1997,
(Signature of No~ry Public)
DORIS J. LEWIS
~rle,~tt. W4JUOO~ TLM
Page 3
211997
........ IIIIIIII -- - Ii
Signatu~of Agent
STATE OF FLORIDA
COUNTY OF COLLIER
The forego,n8 Application was acknowledBed before me this . ,' ~'/1 day of
by Gem'ge L Varnadoe. who is personally known to me e: '-;'E.~ ~:: p.'L',,d::¢--~- I / _
as-Me,-~fi,~c, afi,w, and who did (~'~'~ke an oath.
-,1997,
Page 4
OCT ~ 1 1997 J
PL?,N.~ER~. ENVIRON.MENT.AL CONSULT.~NT$. ENGINEER,%
.~I.'RVEYOR6. L.~×I~.~(:ArE .~R~:HITECTF. CON.~TRL'CTION M.~NAOER.e
July 15, 1997
Mr. Bryan ~ Project Planner
Collier County Current Planning
2800 N. Horseshoe Drive
Naples, FL 34104
Creekside Commerce Park
PUD Submittal
P O ?'-'1 I
Dear Bryan,
Enclosed please find the following relating to the PUD submittal for Creekside Commerce Park:
Application for Public Hearing
· Application fee for $2125.00
Eleven copies of the PUD document, including the Environmental Impact Statement and the
Conceptual Stormwater Management Plan
The Traffic Impact Statement is being submit'ted under separate cover.
We look forward to working with you through the approval process.
Sincerely,
WILSON, MU.LEK BARTON & PEEK, INC.
Bruce E. Tyson, ASLA, AICP
Planning Team Leader
Mark Morton, Barton Collier Companies
George Vamadoe, Esq., Young, van Assenderp & Varnadoe
WILSON, MILLER. BARTON ~. PEEK, INC.
3200 Bailey Lane. Suite 200. Naple~, Floncta 34105-5507 * Ph 941.649.40~ Fx 941-6
no. ~
OCT 2 1 1997
~3-5716
4
26
ORDINANCE NO. 97-
AN ORDINANCE ~4ENDING ORDINANCE NUMBER 91-102 THE
COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY, FIX)R[DA
BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBEK
8527N; BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM 'A" RURAL
AGRICULTURAL AND 'I" INDUSTRIAL TO "PUD" PLANNED
UNIT DEVELOPMENT KNOWN AS CREEKSIDE COMMERCE PARK,
FOR INDUSTRIAL, BUSINESS AND MEDICAL RELATED USES
FOR PROPERTY IX)CATED ON THE EAST A~D WEST SIDES OF
GOODLETTE FRANK ROAD (C.R. 851), IMMEDIATELY SOUTH
OF IMMOKALEE ROAD {C.R. 846), IN SECTION 27,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 108.4 ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, George L. varnadoe, Esquire, of Young, van
Assenderp [ Varnadoe, and Alan Reynolds of Wilson, Miller, Barton
& Peek, Inc., representing Barton Collier Partnership, petitioned
the Board of County Com.missioners to change the zoning
classification of the herein described real property;
NOW, THEREFORE BE IT ORDAINED by the Board of County
Com~misslcners of Collier County, Florida:
SECTIOn; ONE:
The zoning classification of the herein described real
property located in Section 27, Township 48 South, Range 25 East,
Collier County, F!o~' ~, :: changed from 'A# Rural Agricultural
and "I" Industr ", '~ ' ~lanned Unit Development in
accordance with t~,,~ ?ree:-'..d~: Commerce Park PUD Document,
attached hereto .: 5xhlb~t "A" and incorporated by reference
herein. The Off~czal Zsnzra Atlas Map Nu~er 8527N, as described
in Ordinance Numt. er ?i-~02, the Collier County Land Development
Code, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the
Department of State.
.0.
OCT Z 1 1997
'7
!
10
11
12
13
1!
20
21
:22
24
25
26
2*7
28
PASSED AND DULY ADOPTED by the Board of County Co=missioners
of Collier County, Florida, this ~ day of
1997.
BOARD OF COUNTY
COLLIER COUNTY, FLO~ID~
ATTEST:
DWIGHT E. BROCK, Clerk
BY:
TIMOTHY L. HANCOCK, Chairman
Approved as to Form
and Legal Sufficiency
MarJorie M. Student
Assistant County Attorney
AGE~
No.
OCT21 1997
CREEKSIDE COMMERCE PARK
A PLANNED UNIT DEVELOPMENT
PREPARED FOR
BARRON COLLIER PARTNERSHIP
SEPTEMBER, 1997
CREEKSIDE COMMERCE PARK
A
PLANNED UNIT DEVELOPMENT
10&t: Acres Located in Section 27
Township 48 South, Range 25 East
Collier County, Florida
PREPARED FOR:
BARRON COLLIER PARTNERSHIP
2640 Golden Gate Parkway
Naples, FL 34105
PREPARED BY:
WILSON, MILLER, BARTON & PEEK, INC.
3200 Bailey Lane, Suite 200
Naples, Florida 34105
YOUNG, VAN ASSENDERP & VARNADOE, P.A.
801 Laurel Oak Drive, Suite 300
Naples, Florida 34101
DATE FILED
DATE APPROVED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
7115/97
*'1'/97
TABLE OF CONTENTS
STATEMENT OF COMPLIANCE AND SHORT TITLE
ii
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, &
GENERAL DESCRIPTION
I-I
SECTION ii
COMMERCE PARK DEVELOPMENT
2-1
2.1
2.2
2.3
2.4
~..5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
Purpose
General Description Of The Park and Proposed Land Uses
Compliance With Count)' Ordinances
Community Development District
Land Uses
Lake Siting
Fill Storage
Use Of Right-Of-Way
Sales Office and Construction Office
Changes and Amendments To PUD Document Or PUD Master Plan
Preliminan:' Subdivision Plat Phasing
Open Space and Native Vegetation Retention Requirements
Surface Water Management
Environmental
Utilities
Transportation
Common Area Maintenance
Design Guidelines and Standards
Landscape Buffers, Berms, Fences and Walls
Signage
General Permitted Uses
SECTION III
INDUSTRIAL/COMMERCE DISTRICT
3-1
SECTION IV
BUSINESS DISTRICT
4-1
SECTION V
PRESERVE AREA
5-1
EXHIBIT A
AERIAL PHOTOGRAPH, LOCATION MAP
(WMB&P File No. RZ-255A)
EXHIBIT B
09~6/97 -w.O~l I }.ALI
CREEKSIDE COMMERCE PARK MASTER PLAN
(WMB&P File No. RZ-255B)
OOT 2 1 1997
STATEMENT OF COMPLIANCE
The pu,"pose of this section is to express thc intent of the Barton Collier Partnership, hereinafter
referred to as Barton Collier or the Developer, to create a Planned Unit Development (PUD) on
1084- acres of land located in Section 27, Township 48 South, Range 25 East, Collier County,
Florida. The name of this Planned Unit Development shall be Creekside Commerce Park. The
development of Creekside Commerce Park will be in substantial compliance with the planning
goals and objectives of Collier County as set forth in the Growth Management Plan. The
development will be consistent with the policies and land development regulations adopted
thereunder of the Growth Management Plan Future Land Use Element and other applicable
regulations for the following reasons:
The subject property is vdthin the Urban Mixed Use District as identified on the Future
Land Use Map which allows certain industrial and commercial uses. The Urban
designation also allows support medical facilities, offices, clinics, treatment, research and
rehabilitative centers and pharmacies provided they are located v¢ithin I/4 mile of the
property boundary of an existing or approved hospital or medical center.
The existing Industrial zoning is considered consistent with the Future Land Use Element
(FLUE) as provided for by Policy 5.9 and 5.1 I of the FLUE.
The FLUE Urban-Industrial District allows for expansion of the industrial land use
provided the rezone is in the form of a PUD, the site is adjacent to existing land designated
or zoned industrial the land use is compatible with adjacent land uses and the necessas3'
infrastructure is provided or in place. Creekside Commerce Park has expanded the
industrial land use accordingly.
The FLUE Urban-Industrial District requires the uses along the boundaries of the project to
be transitional. Creekside Commerce Park has included transitional uses accordingly.
Creekside Commerce Park is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 ofthe FLUE.
Improvements are planned to be in substantial compliance with applicable land
development regulations as set forth in Objective 3 of the FLUE.
o
The development of Creekside Commerce Park will result in an efficient and economical
extension of community facilities and services as required in Policies 3.1.H and L of the
FLUE.
8. Creekside Commerce Park is a master planned, deed-restricted commerce
planned to encourage ingenuity, innovation and imagination as set forth i~
County Land De,,elopment Code (LDC), Planned Unit Development District.
~na~ .w~oo~ ~a.~ ii
~k and is
OOT 2 1 1997
This master planned park will incorporate elements from the existing Industrial, Business
Park and Industrial PUD ~ections of the LDC.
SHORT TITLE
This ordinance shall be known and cited as the "CREEKSIDE COMMERCE PARK PLANNED
UNIT DEVELOPMENT ORDINANCE".
3.AL! 111
OCT 2 1 1997
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.3 PURPOSE
The purpose of this section is to set forth the legal description and ownership of Creekside
Commerce Park, and to describe the existing condition of the property proposed to be
developed.
1.4 LEGAL DESCRIPTION
All that pan of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more
particularly described as follows;
COMMENCING at the northwest comer of said Section 27;
thence along thc noah line of said Section 27 South 89°45'21'' East 1869.61 feet;
thence leaving said line South 00°14'39" West 125.00 feet to a point on thc south right of way line of
Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described;
thence along said right of way line in thc following Six (6) described courses;
1) South 89°45'2 I" East 485.99 feet;
2) South 00014'39" West 10.00 feet;
3) South 89°45'21" East 150.19 feet;
4) South 89048'33" East 716.81 feet;
5) North 05°34'33'' West 10.05 feet;
6) South 89°48'33" East 4&6.21 feet to a point on the west right of way line of Goodlette Road as
recorded in Plat Book 3, page 5~, Public Records of Collier Count)', Florida;
thence along said line South 05033'48" East 1767.02 feet;
thence leaving said line South 89°20'53" West 51.18 feet;
thence North 23°55'53" West ! 3.07 feet;
thence northwesterly, 30.71 feet along the arc of a circular curve concave to the northeast, having a radius
of 80.00 feet, through a central angle of 21059'$2" and being subtended by a chord which bears North
12°55'57'' West 30.53 feet;
thence North 05o00'53" West 31.56 feet;
thence North 36°19'20' West 32.02 feet;
thence North 56004'35" West 35.11 feet;
thence North 80039' 15" West 32.53 feet;
thence North 88039' 12" West 97.78 feet;
thence North 86°04'40" West 45.79 feet;
thence North 89°49'48" West 132.77 feet;
thence North 69°40' ! 0" West 37.23 feet;
thence South 89°20'5Y' West 142.47 feet;
thence South 84059'26'' West 24.66 feet;
thence South 74056'50" West 121.32 feet;
thence South 79°49'59" West 45.93 feet;
thence westerly and northwesterly, 45.51 feet along the arc of a circular curve concave to the northeast,
having a radius of 66.00 feet, through a central angle of 39°30' 16" and being subtended by a chord which
beae$ North g0°24'53" We~t 44.61 feet to a point of compound curvature;
thence northwesterly, 52.92 feet along the arc ora circular curve concave to the southwest, having a
radius of 150.00 feet, through a central angle of 20° 12'57" and being subtended by a chor
North 70°46'13" West 52.65 feet;
thence North 80o52'42" West 36.59 feet;
!-I
I WfllCnAl~/l~ii~A D'F_M
OCT 21 1997
thence westerly and southwe:terly, 46.18 feet along the arc of a circular curve concave to the southeast,
having a radius of 80.00 feet, through a central angle of 33°04'!4" and being subtended by a chord which
bears South 82°35'11'' West 45.54 :'eet to a point of compound curvature;
thence southwesterly and westerly, 38.16 feet along the arc ora circular curve concave to the northwest.
having a radius of 60.00 feet, through a central angle of 36°26' 19" and being subtended by a chord which
bears South 84°16' 14" West 37.52 feet to a point of compound curvature;
thence westerly and northwesterly, 68.85 feet along the arc of a circular curve concave to the southwest,
having a radius of 305.00 feet, through a central angle of 12'55'$9" and being subtended by a chord
which bears North 83*58'36" West 68.70 feet;
thence South 89~33'25" West ! 8.36 feet;
thence South 89*39' 19'"
thence North 89*34'56"
thence South 86'06'41"
thence South 83°44'
thence South 5 l*0 I' ] 3"
thence South 33°25'50''
thence South 15°40'05''
thence South 10°54'39..
thence South 89o20. 14"
West 71.63 feet;
West 36.03 feet;
West 42.94 feet;
West 26.23 feet;
West 27.49 feet;
West 19.95 feet;
West 20.54 feet;
West 34.64 feet;
West I 01.06 feet;
thence North 10°46'06" East i 0 {.42 fee~;
thence North 89020'53.. East 65.45 feet;
thence North 00'39'07" West 100.64 feet;
thence South 89°20'53'' West 503.78 feet;
thence North 00°39'07'' West 27.71 feet;
thence North 72°58'55.. West 131.30 feet;
thence North 0?08'56" West 1473.29 feet to a point on the south right of v, ay line of said Immokalee
Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described;
Containing 69.48 acres more or less;
Subject to easements and restrictions of record.
Bearings are assumed and based on the north line of said Section 27 being South 89°49'40'' East.
All that part of Section 27, Township 48 South. Range 25 East, Collier Count),, Florida being more
particularly described as follows;
Commencing at the northeast comer of said Section 27;
thence along the east line of said Section 27, South 01°09'43" East 12,~.00 feet to a point on the south right
of way line of immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein
described;
thence continue along said east line South 01°09'43'' East 1189.62 feet;
thence leaving said line South 89048'$0' West 677.35 feet;
thence South 05e35'39" East 886.02 feet;
thence South 89°48'50" West 400.00 feet to a point on the easterly right of way line of Goodletle Frank
Road as Recorded in Plat Book 13, page 58, Public records of Collier County, Florida;
thence along said line North 05035'39" West 2088.10 feet to a point of the south right of way line ot'said
lmmokalee Road (S.R. 846);
thence along said line South 89049'40" East 1168.55 feet;
thence continue along said line South 89°12'58'' East 1.85 feet to the POINT OF BEGINNING of the
parcel herein described;
Containing 38,9 acres more or less;
Subject to easements and restrictions of record.
Bearings are assumed and based on the north line of said Section 27 being South 89*46'26"
o9.,26,97 -w4og0ot 13.Au i -2
AG£~ DA. FE£M -
East.
OCT g 1 1997
.,. 4-/
1.3
PROPERTY OWNERSHIP
1.4
The subject property is currently under the ec~uitable ownership or control of Barron Collier
Partnership, or its assigns, whose address is 2640 Golden Gate Parkway, Naples, FL 34105.
GENERAL DESCRIPTION OF PROPERTY
The project site is located in Section 27, Township 48 South, Range 25 East, and is
generally bordered on the west by Agriculturally zoned and developed property; on
the north, across l.'xunokalee Road by office and medical (North Collier Hospital)
PUD zoned and developed property; on the east by Medical Office Park currently
under development, County Park and County Wastewater Treatment Facility; and
on the .south by PUD and County Wastewater Treatment Facility. The location of
the site is shown on Exhibit A Aerial Photograph, Location Map.
The zoning classification of the subject property at the time of PUD application is l
(Industrial) and A (Agricultural).
Co
Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Firm
Map Panels No. 1200670193D, dated June 3, 1986, the Creekside Commerce Park
property is located within Zones "AE-II" of the FEMA flood insurance rate.
Topographic mapping is shown on Exhibit G.
Do
The soil types on the site generally include Riviera limestone substratum, Copeland
fine sand, Pineda fine sand, immokalee fine sand, Myakka fine sand, Basinger fine
sand, Rivefia fine sand, Ft. Drum and Malabar fine sand, and Satellite fine sand.
Soil Conservation Service mapping of soil types is shover, on Exhibit D.
E°
Prior to development, vegetation on the site primarily consists of active croplands
and small amounts of pine flatwoods. An isolated wetland system is located along
the .south side of lmmokalee Road west of Goodlette-Frank Road. This v,'etIand
consists primarily of Brazilian pepper that surrounds a small ~villow area. The
wetland on the east side of Goodlette-Frank Road consists primarily of cabbage
palms. A portion of the historic water course within this wetland has been
channeliZed. Brazilian pepper has infested the northern part of this wetland. A
detailed vegetation mapping is shown on Exhibit C.
Fo
The project site is located within the Pine Ridge Canal and West Branch
Cocohatchee River sub-basins, as depicted within the Collier County Drainage Atlas
(July, 1995). The Conceptual Stormwater Management Master Plan is shown on
Exhibit H.
i-3
OCT ,?, 1 1997
DEVELOPMENT OF REGIONAL IMPACT
Creekside Commerce Park does not meet the minimum thresholds for a Development of
Regional Impac! (DRI), pursuant to Chapter 380.06, [Io~:i~SI~B~, 1997, in that it is at or
below 80% of all numerical thresholds in the guidelines and standards set forth therein.
ogt.~sr~.w.oz~ol ~.~,t.~ ] -4
OCT 2 1 1997
2.1
PURPOSE
SECTION II
PROJECT DEVELOPMENT
2.2
The purpose of this Section is to generally describe the plan of development for Creekside
Commerce Park (park), and to identify relationships to applicable County ordinances,
policies, and procedures.
GENERAL DESCRIPTION OF THE PARK AND PROPOSED LAND USES
Creekside Commerce Park will consist of predominately industrial, warehouse,
wholesale, financial institutions, business and office uses, with limited amounts of
retail uses. Creekside Commerce Park shall establish project-wide guidelines and
standards to ensure a high and consistent level of quality for proposed features and
facilities.
The Master Plan is illustrated graphically on Exhibit B (WMB&P, Inc. File No.
RZ-225B). A Land Use Summary indicating approximate land use acreages is
shown on the plan. The location, size, and configuration of individual tracts shall be
determined at the time of Preliminary Subdivision Plat approval with minor
adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2. of
the Collier County Land Development Code (LDC).
2.3 COMPLIANCE WITH COUNTY ORDINANCES
Regulations for development of Creek.side Commerce Park shall be in accordance
with the contents of this PUD Ordinance, and to the extent they are not inconsistent
with this PUD Ordinance, applicable sections of the LDC and Collier County
Growth Management Plan which are in effect at the time of issuance of any
development order. Where this PUD Ordinance does not provide developmental
standards, then the provisions of the specific section of the LDC that is otherwise
applicable shall apply to which said regulations relate.
Unless otherwise defined herein, or as necessarily implied by context, the
definitions of all terms shall be the same as the definitions set forth in the LDC in
effect at the time of development order application.
Co
Development permitted by the approval of this PUD will be subject to the Adequate
Public Facilities Ordinance, Division 3.15 ofthe LDC.
Master Plan are part of the regulations which govern the manner in wt
may be developed.
Ail conditions imposed herein or as represented on the Creekside Con,m,-,'et, Parg
OCT 1 1997
2.4
2.5
The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall
apply to Creekside Commerce Park, except where an exemption is set forth herein
or othe~vise granted pursuant to LDC Section 3.3.4.
COMMUNITY DEVELOPMENT DISTRICT
The Developer may elect to establish a Community Development District (CDD)
pursuant to Chapter 190, ~, 1997, to provide and maintain
infrastructure and community facilities needed to serve the park. A CDD would
constitute a timely, efficient, effective, responsive and economic way to ensure the
provision of facilities and infrastructure for the proposed development. Such
infrastructure as may be constructed, managed and financed by the CDD shall be
subject to, and shall not be inconsistent with, the Collier County Groxxlh
Management Plan and all applicable ordinances dealing with planning and
permitting of Creekside Commerce Park.
The la,ad area is amenable to infrastructure provision by a district that has the
powers set forth in the charier of a Community Development District under Section
190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative
available both to the County and to the landowner for the timely and sustained
provision of quality infrastnacture under the terms and conditions of Count)'
development approval.
LAND USES
ho
The location of land uses are shown on the PUD Master Plan, Exhibit B. Changes
and variations in building tracts, location and acreage of these uses shall be
permitted at preliminary subdivision plat approval, preliminao' site development
plan approval and final site development plan approval to accommodate utilities.
topography, vegetation, and other site and market conditions, subject to the
provisions of Section 2.7.3.5. of the Collier County LDC. The specific location and
size of individual tracts and the assignment of square footage or units shall be
determined at the time of site development plan approval.
Bo
otherwise apprOved during subdivision approval. The Developer res
to request substitutions to Code design standards in accordance with
&the LDC.
Roads and other infrastructure may be either public, private or a combination of
public and private, depending on location, design and purpose. The request for a
road to be public shall be made by the Developer at the time of final subdivision plat
approval. The Developer or its assignees shall be responsible for maintaining the
roads, streets, drainage, conunon areas, water and sewer improvements where such
systems are not dedicated to the County. Standards for roads shall be in compliance
x~4th the applicable provisions of the County Code regulating subdivisions, unless
0'9/26:9T ,W..06~O I 13.ALJ
2-2
'ectior~.
OCT 2 1 1997
2.6 LAKE SITING
2.7
Ao
As depicted on the PUD Master Plan, lakes have been preliminary sited. The goal
of this Master Plan is to achieve and overall aesthetic character for the park, to
permit optimum use of the land, and to increase the efficiency of the water
management network. Fill material from lakes is planned to be utilized within the
park; however, excess fill material may be utilized off-site. The volume of
material to be removed shall be limited to ten percent of the calculated excavation
volume to a maximum of 20,000 cubic, yards. If the applicant wishes to take more
off-site, a commercial excavation permit will be required. Final lake area
determination shall be in accordance with the South Florida Water Management
District stormwater criteria and Section 3.5.7. of the LDC.
Setbacks: Excavations shall be located so that the control elevation shall
adhere to the following minimum setback requirements, subject to
approval of Count)' staff at time of final construction plan approval:
a)
Twenty feet (20') from right-of-way of internal roads. The roads
will be designed to (AASHTO) road standards and shall
incorporate such factors as road alignment, travel speed, bank
slope, road cross sections, and need for barriers.
b)
Forty feet (40') from Immokalee Road or Goodlette-Frank Road
rights-of-way. Perimeter property lines will have a setback of
twenty feet (20'). The roads will be designed to (AASHTO) road
standards and shall incorporate such factors as road alignment,
travel speed, bank slope, road cross sections and need for barriers.
FILL STORAGE
Ao
Fill storage is generally permitted as a principal use throughout the Creekside
Commerce Park PUD. Fill material generated from properties owned or leased by
the Developer may be transported and stockpiled within areas which have been
disturbed. Prior to stockpiling in these locations, the Developer shall notify the
Community Development and Environmental Services Administrator per Section
3.2.8.3.6. of the LDC. The following standards shall apply:
1. Stockpile maximum height: Thirty-five feet (35')
Fill storage areas in excess of five feet (5') in height shall be separ-a~c.d
developed areas by fencing, excavated water bodies or ~tehe~ phy~:a
barriers if the side slope ofthe stockpile is steeper than 4 to 1 1,'..[3 to 1).
·
2.8
2.9
2.10
a)
Soil erosion control shall be provided in accordance with LDC
Division 3.7.
USE OF RIGHTS-OF-WAY
Utilization of lands within all park rights-of-way for landscaping, decorative entrance ways,
and signage shall be allowed subject to review and administrative approval by the
Developer and the Community Development and Environmental Services Administrator for
engineering and safety considerations during the development review process.
SALES OFFICE AND CONSTRUCTION OFFICE
Sales offices, construction offices, and other uses and structures related to the promotion
and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall
be permitted principal uses throughout Creekside Commerce Park. These uses may be
either wet or dr)' facilities. These uses shall be subject to the requirements of Section
2.6.33.4, Section 3.2.6.3.6. and Division 3.3 of the LDC, with the exception that the
temporary use permit shall be valid through the life of the project with no extension of the
temporary use required. These uses may use septic tanks or holding tanks for waste
disposal subject to permitting under F.A.C. 10D-6 and may use potable water or irrigation
wells.
CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD blASTER
PLAN
Ao
Changes and amendments may be made to this PUD Ordinance or PUD Master
Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements as
described herein may be made by the Developer in connection with any type of
development or permit application required by the LDC.
The Community Development and Environmental Services Administrator shall be
authorized to approve minor changes and refinements to the Creekside Commerce
Park Master Plan upon written request of the Developer or his assignee.
C. The following limitations shall apply to such requests:
Tl?e minor change or refinement shall be consistent with the Collier County
Growth Management Plan and the Creekside Commerce Park PUD
document.
0~f26~? .W.~lt~00113ALi
The minor change or refinement shall not constitute a substantial change
AGE
pursuant to Section 2.7.3.5.1. of the LDC. No. ~
OCT 2 ! 1997
2-4
The minor change or refinement shall be compatible with external adjacent
land uses and shall not create detrimental impacts to abutting land uses,
water management facilities, and conservation areas within or external to the
PUD.
D. The following shall be deemed minor changes or refinements:
Reconfiguration of lakes, ponds, canals, or other water management
f~ilities where such changes are consistent with the criteria of the South
Florida Water Management District and Collier County.
2. Internal realignment of rights-of-ways.
3. Reconfiguration of parcels per Section 5.5 of this PUD.
Minor changes and refinements as described above shall be reviewed by appropriate
Collier Co,,nty staff to ensure that said changes and refinements are otherwise in
compliance with all applicable County Ordinances and regulations prior to the
Community Development and Environmental Sen, ices Administrator's
consideration for approval.
Fo
Approval by the Community Development and Environmental Services
Administrator of a minor change or refinement may occur independently from and
prior to any application for Subdivision or Site Development Plan approval,
ho~vever such approval shall not constitute an authorization for development or
implementation of the minor change or refinement ,aqthout first obtaining all other
necessary County permits and approvals.
2.11 PRELIMINARY SUBDIVISION PLAT PHASING
Submission, review, and approval of Preliminary Subdivision Plats for the park ma)' be
accomplished in phases to correspond with the planned development of the property.
2.12 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS
ho
The PUD will fully comply with all sections of the LDC and meet the requirements
of the Growth Management Plan relating to open space and retention of native
vegetation.
2.13 SURFACE WATER MANAGEMENT
A. In accordance with the Rules of the South Florida Water Managee
(SFWMD), Chapters 40E..4 and 4-E.40, this project shall be designe(
event of 3-day duration and 2S-year return frequency.
OOT 2 1 1997
2.14
2.15
ENVIRONMENTAL
Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permitting (E1;h°) Rules, and shall further be subject to
review and approval by Collier County Planning Services Department
Environmental Review Staff.
UTILITIES
go
Ali necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all service utilities in
compliance with applicable regulations in effect at the time approvals are
requested.
2.16 TRANSPORTATION
The Developer shall provide appropriate left and/or right turn lanes on Immokalee
Road and Goodlene-Frank Road at the main park entrances. Such turn lanes shall
be in place prior to the issuance of any Certificates of Occupancy for a use that
utilizes the perspective/associated entrance.
There shall be a full access intersection at the park's northerly entrance on
Goodlette Frank Road. When justified by traffic warrants, this intersection shall
be signalized, notwithstanding its proximity to Immokalee Road.
Cm
Future access points to lmmokalee and Goodlette-Frank Roads not sho~ on the
Creekside Commerce Park Master Plan may be applied for, analyzed and
approved by the Community Development and Environmental Services
Administrator at the time of development approval.
Arterial level street lighting shall be provided by the Developer at the park's main
entrance in conjunction with the development of this entrance.
Road impact fees shall be paid in accordance with the provisions of Ordinance 92-
22, as amended.
2.17 COMMON AREA MAINTENANCE
09/26~9~ -W.06900113.ALJ
Most common area maintenance will be provided by the CDD or by a Property Owner's
Association (POA). The CDD or the POA, as applicable, shall be responsible for the
operation, maintenance, and management of the surface water and stormwater management
systems and reserves serving Creekside Commerce Park, in accordance wi~ h anys~
permits from the South Florida Water Management District.
24 OCT 2 1 1997
2.18 DESIGN GUIDELINES AND STANDARDS
The Collier County Planned Unit Development District is intended to encourage
ingenuity, innovation and imagination in the planning, design and development or
redevelopment of relatively large tracts of land under unified ownership as set
forth in the LDC, Section 2.2.20.
Creekside Commerce Park is planned as a functionally interrelated business park
under unified control. The Developer will establish community-wide guidelines
and standards to ensure a high level of quality for both the common areas and the
individual parcel developments.
These guidelines will serve as a control for individual parcel development, and be
referred to as The Declaration of Covenants, Conditions and Restrictions for
Creckside Commerce Park. The level of quality defined in this document is
directed towards the creation of an attractive business environment, and these
standards are the basis for evaluation of projects submitted for review to the
Property Association's Architectural and Landscaping Committee, referred to as
thc ALC. The standards in this document will include criteria for site planning.
architectural design, lighting, landscaping, and graphics and signage.
The specific design guidelines will act as supplemental standards to the
requirements of this Planned Unit Development Ordinance, and other Count)'
codes, but in no way supersede them.
1. Common Areas
The master design of the park's entries and signage, streetscapes, and open
space areas will form a harmonious framework that visually links the
entire park together. This unified appearance will enhance the image of
the entire community. Internal roadways will provide efficient vehicular
circulation with streetscapes that create pleasant neighborhood
environments. Streetscape plans will be designed to establish a hierarchy
of landscape improvements appropriate in scale and character with the
function of the street and adjacent land uses. Along these streetscapes a
pedestrian walkway system will be established to link each project with
the overall community.
2. Individual Projects
a)
Site Planning: Each individual parcel project will provide a
visually appealing, articulated, identifiable path of entry for
pedestrians and vehicles from the street to the site and from the site
to the buildings themselves. The orientation of a b[~ildin~oat'Lo,$ff~4
structure upon a site will not only reflect the project's 'functi[~h~~
2-7
OCT 1 1997'
b)
c)
d)
need, but will also be responsive to the individual parcel's
characteristics and be sensitive to adjacent land uses and the
surrounding community.
Architectural standards: The objective of the architectural
standards will be to promote the creation of an attractive, value-
apparent business environment. Design elements throughout a
project must be consistent with the nature of the chosen style and
building materials selected. Project design should endeavor to
adhere to the classical principles of design and avoid clicMs,
overly complex or garish motifs, while seeking to invoke a
"timeless" quality.
Lighting: The guidelines for lighting will establish a continuity of
des;gn for all lighting in the park which is consistent with the
overall visual impression of the park.
Landscaping: The purpose of landscape design guidelines within
individual projects is to guide development toward harmonious and
visually pleasing landscape that is cohesive with the overall master
landscape plan. The Creekside landscape concept will have a
naturalistic theme. Similar to the overall project's plant palette,
individual sites will be dominated with plants that are native,
xeric, or naturalized within Southwest Florida. Landscape designs
will create a coherent theme which emphasizes plant material as a
primary unifying element.
(1)
Landscape elements along public R.O.W.s will be
complimentary to streetscape landscaping. Parcel entries
will be designed to harmonize with adjacent streetscape
landscaping, and clearly accentuate, the parcel entry.
(2)
Individual parking lots will be screened from the roadways
as much as possible, without obscuring views of the
building entrances. In addition, plant materials used around
main entrances of buildings will visually cue visitors to
their location.
Graphics/signage: The guidelines serve to provide continuity of
design for all signage in the park which is consistent with the
overall visual impression of the park. Parcel signage .serves the
identification needs of the individual tenants and user.
2-8
~,°. ~.,/
OOT ~ 1 1997'
2.19 LANDSCAPE BUFFERS, BERMS, FENCES AND VqALLS
Landscape buff:rs, berms, fences and walls are generally permitted as a principal use
throughout Creekside Commerce Park. Required buffer treatments shall terminate at
entrances to accommodate entrance treatments and at lakes to accommodate views into the
park. The follov~4ng standards shall apply:
Landscape buffers contiguous to Immokalee Road R.O.W. will be installed at the
time of subdivision improvement per construction phase and will have the
following characteristics:
1. Minimum width of 20'-0", measured from the R.O.W.
Adjacent to Business District type uses within the Business District, trees
will be native, xeric, or naturalized canopy trees, spaced at 25' on center
(O.C.), planted at an initial height of 12' overall (O.A.) with a 6' spread.
At the time of indMdual tot improvements, hedges will be placed at
parking lot edges to satisfy the requirements of LDC Section 2.4.7.4.
Bo
Landscape buffers contiguous to Goodleue-Frank Road R.O.W. will be installed
at the time of subdMsion improvement per development phase and will have the
following characteristics:
1. Minimum width of 20'-0", measured from the R.O.W.
Adjacent to Business District type uses within the Business and
Industrial/Commerce (I/C) Districts, trees will be native, xeric, or
naturalized canopy trees, spaced at 25' O.C., planted at an initial height
of I2' O.A., with a 6' spread.. At the time of individual lot improvements.
hedges will be placed at parking lot edges to satisfy the requirements of
LDC Section 2.4.7.4.
Adjacent to industrial type uses within the Industrial/Commerce District,
trees will be native, xeric or naturalized canopy trees, spaced at 25' O.C.,
planted at an initial height of 12' O.A, with a 6' spread. Trees will be
placed on a berm, 3 feet high and supplemented with a 5 foot high hedge
consisting of but not limited to the following plant material: coco plum,
vibumam, ficus. The intent will be to obtain 80% opacity within one year
of planting for travelers on Goodlette-Frank Road.
Co
Landscape buffers surrounding the perimeter of the park will be installed at the
time of subdivision improvement per construction phase. The buffers are
referenced on Exhibit B, and proceed in a clockwise direction from
comer of the project as follows:
2-9
the northeast .
1997
09/'26~7 .W,06900113.ALJ
The landscape buffer along the eastern most property boundary, north of
the preserve area, as depicted on Exhibit B. shall consist of an Alternative
"A" type bufl~:r. An)' preserxation areas within this buffer may be credited
toward buffering requirements. '
The preserve area along the balance of the eastern most property boundary
will serve as the buffer between uses.
The Developer will provide
buffer with trees planted fifty
and the preserve/lake area, as
a five feet (5') wide Alternative "A' type
feet (50') on center between the business use
depicted on Exhibit B.
The Developer will provide a five feet (5') wide Alternative "A" type
landscape buffer with trees planted rift), feet (50') on center along the
eastern property boundary contiguous to the Collier County Sewage
Treatment Plant.
The landscape buffer along the southern most property boundary, east of
Goodleue-Frank Road, shall be a five feet (5') wide Alternative "A" type
buffer with trees planted fifty feet (50') on center. An opaque hedge six
feet (6') high will be planted to supplement the existing oak tree buffer
planted by the County at the Collier County Sewage Treatment Plant.
In addition to the buffer of open space along the southern property line
from Goodlette Frank Road to the Pine Ridge Drainage Easement. the
Developer will provide a six foot berm (6') with an Alternative "C" type
buffer.
The Developer will provide a ninety percent (90%) opaque landscape
buffer and berm between the I/C District and the Pelican Marsh PUD from
the west side of the Pine Ridge Drainage Easement to the existing berm to
the south, that approximates the existing Pelican Marsh berm/buffer. This
buffer will be installed concurrent with any I/C construction west of the
Pine Ridge Drainage Easement. The buffer shall meet ninety percent
(90%) opacity within one (1) year of planting.
The Developer will supplement with additional trees the buffer along the
remaining portion of the southern property line westward to achieve a
ninety percent (90%) opaque buffer.
The landscape buffer between the I/C District and the adjacent
Agricultural District along the southern portion of the wes~ mx4:u'ooen¥
line will be an Altemative "A" type buffer. ACE~D.~ n-~u
OCT i 1997
2-10
2.20
10.
The landscape buffer between the R.O.W. and the adjacent Agricultural
District to the west will be an Alternative "A" type buffer and be
inco-porated into the R.O.W.
Maximum fence or ,,','ali height internal to the PUD: Twelve feet (12').
Landscape buffers, berms, fences and walls ,.,.'ill be constructed along the perimeter
of the Creekside Commerce Park PUD boundary concurrent with subdivision and
site development construction phase.
Sidewalks, ~vater management systems, drainage structures, and utilities may be
allowed in landscape buffers pursuant to review and approval of the Development
Services Administrator.
Landscape berms located within the Creekside Commerce Park PUD boundary and
contiguous to a propert)' line and/or right-of-way line may be constructed such that
the toe of slope is located on the property line and/or encroaches into the right-of-
way line when approved by the applicable owner or agency.
SIGNAGE
A. GENERAL
Pursuant to Section 2.5.5.2.3.7. of the LDC, the following conditions
provide for the required comprehensive sign plan for the Creekside
Commerce Park
2. Eech platted parcel shall be considered a separate parcel of land.
Signs and decorative landscaped entrance features within'a County
dedicated right-of-way, shall require a right-of way permit subject to the
review and approval of the County.
4. All signs shall be located so as not to cause sight line obstructions.
B. PARK ENTRY SIGNS
Major park entry signs shall be located as depicted on Exhibit B. Each
sign will not exceed 160 square feet in size on any side and signs will be
no longer than 25 feet in length and 8 feet in height.
09/26/97 .Y,'.06900113J, U
Minor park entry signs shall be located as depicted Exhibit B. Each minor
monument sign will not exceed 100 square feet in size on any side. Minor
monument signs will be no larger than 20 feet in length
height.
2-11
Co
INTERNAL SIGNS
Directional or identification signs are allowed within the business park.
Such signs may be used to identify the location or direction of approved
uses such as sales centers, information centers, etc. Individual signs may
be a maximum of 4 square feet per side in size, or signs maintaining a
common architectural theme may be combined to form a menu board with
a maximum size of 25 square feet per side, and a maximum height of 8
feet. No building permit is required unless such signs are combined to
form a menu board.
Grand Opening signs: The Developer or parcel owner may display an on-
site grand opening sign not exceeding 32 square feet on a side, and not
exceeding 64 square feet total. Banner signs shall be anchored and may be
displayed on-site for a period not exceeding 14 days within the first three
months that the Developer/occupant is open for business.
D. USER SIGNS
Wall, mansard, canopy or awning signs: One wall, mansard, canopy or
awnlng sign ma)' be permitted for each single-occupancy facility, or for
each establishment in a multiple-occupancy facility. Comer units within
multiple-occupancy facilities, or multi-frontage single-occupancy facilities
shall be allowed two signs, but such signs shall not be combined for the
purpose of placing the combined area on one wall. However, the
combined area of those signs shall not exceed the maximum allowable
display area for signs by this ordinance.
a)
The maximum allowable display area for signs may not be more
than 15 percent of the total square footage of the visual facade of
the building to which the sign will be attached and may not, in any
case, exceed 200 square feet in area for any sign.
Monument and Pole signs: One (1) monument or pole sign is permitted
for each lot or parcel for each external and internal road frontage(s).
a)
Maximum allowable sign area: 60 square feet per side, if two-
sided
09/26/97 -W-(:(~O 113 ~O~J
b)
c)
Internal road frontage setbacks: A minimum of
from the edge of pavement. Signs may encroach wit!
2-12
Maximum allowable height: 15 feet for pole signs, 8 feet for
monument signs.
AG£NOA IT. EM.
n feet~(.l ~
in the rieht- -
OCT'2 1 1997
of-way sub. i,:ct ;o ma:,ataining safe site distance triangles as per
Section 2.4-;.16. of the I. DC and when approved by the
Community l)evclc, pment and Environmental Sen'ices
Administrator aad applicable utility.
d)
External road frontage setbacks: Pole signs shall be setback from
any external right-of-way in accordance with the applicable section
of the LDC. Monument signs may ebe permitted closer to the
right-of-way subject to maintaining safe site distance triangles as
per Section 2.4.4.16. of the LDC and when approved by the
Community Development and Environmental Services
Administrator and applicable utility.
e)
Spot or floodlights may be permitted provided said light shines
only on the signs or landscaping and is shielded from motorists and
adjacent residents.
Should the U.S. Postal Service purchase or lease land within
Creekside Commerce Park, they will be allowed one sign between
Immokalee Road and the proposed lake adjacent to the ,,,,'est entry.
E. TRAFFIC SIGNS
Traffic signs such as street name signs, stop signs, speed limit signs, etc.
ma>' be designed to reflect a common architectural theme, in accordance
with Section 3.2.8.3.19. of the LDC.
2.21 GENERAL PERMITTED USES
Ao
Certain uses shall be considered general permitted uses throughout the Creekside
Commerce Park PUD except in the Preserve Area. General permitted uses are those
uses which generally serve the Developer and tenants of Creekside Commerce Park
and are typically part of the common infrastructure.
B. General Permitted Uses:
1. Essential services as set forth under LDC, Section 2.6.9.1.
2. Water management facilities and related structures.
3. Temporary sewage treatment facilities.
Lakes including lakes with bul 'kheads or other architectura
bank treatments.
2-13
OCT 2 1 1997
10.
II.
12.
Guardhouses. gatehouses, and access control structures.
Temporary construction, sales, and administrative offices for the Developer
and Developer's authorized contractors and consultants, includlag necessary
access ways, parking areas and related uses.
Landscape features including, but not limited to, landscape buffers, berms.
fences and walls subject to the standards set forth in Section 2.11 of this
PUD.
Fill storage subject to the standards sct forth in Section 2.12 of this PUD.
Site filling and grading as set forth in Section 2.23 of this PUD.
An)' other u~ which is comparable in nature with the foregoing uses and
which the Community Development and Environmental Sen'ices
Administrator determines to be compatible.
Sidewalks ma.,,' occur within County required buffers if approved by the
Community Development and Environmental Sen'ices Administrator.
Standards for parking, landscaping, signs and other land uses where such
standards :ire not specified herein are to be in accordance with the LDC
provision in effect at the time of Site Development Plan Approval.
Creekside Commerce park shall be permitted to develop with a maximum of
40 percent commercial uses. Commercial uses are defined as offices, health
services, medical clinics, financial institutions, fitness centers, child care
centers, restaurants and retail sales in accordance with Section 3.3. C.2.
hereof.
0~,'26/97 -W-069~0113.AI.J
2-14
OCT 1 1997
SECTION III
INDUSTRIAL/COMMERCE DISTRICT
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within Creekside Commerce Park designated on the Mas~er Plan as "I/C".
3.2 GENERAL DESCRIPTION
Areas designated as "I/C" on the PUD Master Plan are intended to provide a maximum of
620,000 square feet of gross floor area of industrial/commerce uses on 44.2+_ net acres. The
floor area ratio (FAR) for the designated industrial land uses shall not exceed .35.
3.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used. in
whole or part, for other than the follox,`ing:
ho
The permitted principal uses and structures ,,,,'ill generally consist of light
manufacturing, wholesale, warehouse, processing and packaging, laboratories and
clinics, research, design and product development, business sen'ices and corporate
offices and headquarters.
8.
9.
10.
11.
12.
Aircraft Parts and Auxiliary Equipment (Group 3728)
Apparel and Other Finished Products (Groups 2311-2399)
Building Contractors (Groups 152 I-I 542), except for general contractors for
mobile home repair on site, modular housing and premanufactured housing
assembled on site, dry cleaning plant construction, paper pulp mill
construction, and truck and automobile assembly plant construction.
Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7342-
7389)
Child Day Care Services (Group 8351)
Communications (Groups 48124899), not including major communications
towers related to cellular phone service.
Computer and Office Equipment (Groups 3571-3579)
Construction; Special Trade Contractors (Groups 1711-1799)
Depository and Non-Depository Institutions (Groups 6011-6163)
Drugs and Medicines (Groups 2833-2836)
Educational Services (Groups 8221-8299)
Electronics and Other Electrical Equipment Manufacturing (Groups 3612-
AGE T
OCT 2 1 1997
3-2
13. Er. gineering, Accounting. Research. Management and Related Services
(Groups 8711-8748)
14. Fabricated Metal Products (Groups 3411-3432, 3442-3446, 3452, 3466.
3469, 3492, 3495, 3496, 3498, production of metal is prohibited)
15. Furniture and Fixtures Manufacturing (Groups 2511-2599)
16. Government Offices/Buildings (Groups 9111-9222, 9224-9229, 9311,9411-
9451, 9511-9532, 9611-9661)
17. Industrial and Commercial Machinery (Groups 3524, 3534, 3536, 3541-
3569, 358 !-3599)
18. Industrial Inorganic Chemicals (Groups 2812-2819)
19. Job Training and Vocational Rehabilitation Services (Group 8331)
20. Leather and Leather Products (Groups 3131-3199)
21. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical
and Optical Goods: Watches and Clocks Manufacturing (Groups 3812-
3873)
22. Membership Organizations (Groups 8611-8631)
23. Miscellaneous Manufacturing Industries (Groups 3911-3999)
24. Motion Picture Production (Groups 7812-7819)
25. Motor Freight Transportation (Groups 4214, 4215)
26. Packing and Crating (Group 4783)
27. Paper and Allied Products (Groups 2621-2679)
28. Personal Services (Groups 7211-7221 )
29. Physical Fitness Facilities (Group 7991)
30. Plastic Materials and Synthetics (Groups 2821-2834)
31. Printing, Publishing and Allied Industries (Groups 2711-2796)
32. Professional Offices: including but not limited to, Travel Agencies (Group
4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311-
6399); Real Estate (Groups 6512, 6514, 6517, 6519, 6531, 6541, 6552,)
33. Rubber and Miscellaneous Plastic Products (Groups 3021-3089)
34. Transportation Equipment (Groups 3714, 3716, 3732, 3751, 3761, 3764,
3769, 3792, 3799)
35. United States Postal Service (Group 4311)
36. Warehousing and Storage (Group 4225, 4226, 5012-5014 except oil and gas
storage, pe:roleum and chemical bulk stations and automobile dead storage)
Only one (1) self storage use allowed to be located adjacent to the Collier
County Sewage Treatment Plant.
37. Wholesale Trade-Durable Goods (Groups 5021-5031, 5043-5049, 5051,
5063-5078, 5091, 5092, 5094-5099)
38. Wholesale Trade-Nondurable Goods (Groups 5111-5159, 5181, 5182, 5192-
5199)
39. Any other use or service which is comparable in nature with the foregoing
uses and is otherwise clearly consistent with the intent and purpose
statement of the District and which the Community Deve
OCT 1 1997
Environmental Serx'ices Administrator determines to be compatible in this
District.
3.4
Restricted Principal Uses
The following medical relaled uses must be located within a 1/4 mile radius of the
hospital property boundary.
1. Health Service~, medical clinics and offices (Groups 8011-8049)
2. Medical Laboratories and research and Rehabilitative Centers (Groups
8071-8092, 8099)
3. Any other use or service which is comparable in nature ,,,,':,th the foregoing
uses and is otherwise clearly consistent with the intent and purpose
statement of the District and which the Community Development and
Environmental Services Administrator determines to be compatible in this
District.
Co
Permitted Accessory Uses and Structures:
1. Uses and structures that are accessory and incidental to uses permitted in this
district.
Retail and wholesale sales and/or display areas as accessory to the principal
use, not to exceed an area greater than fort)' percent (40%) of the gross floor
area of the permitted principal use.
DEVELOPMENT STANDARDS
A. Minimum Lot Area: 20,000 S.F.
B. Minimum Lot Width: 100 FT.
Co
Minimum Yard Requirements:
1. Front Yard, adjacent to lmmokalee Road or Goodlette-Frank Road:
feet (50')
Fifty
2. Front Yard, Intemah Thirty feet (30')
3. Side Yard:
Ten feet (!0')
Five feet (5') to internal property line along Pine R
drainage easement and FP&L easement
3-3
OCT 2 1 1997
Waterfront: Zero feet (0') to bulkhead or tip-rap at top of bank, otherwise
twenty feet (20')
5. Rear Yard: Twenty-five feet (25')
Minimum Building Setback from Perimeter Boundary of PUD: Fifty feet
(50')
Do
Maximum Height: Thirty Five Feet (35'). Silos, storage tanks, elevator towers, etc.
east of the Pine Ridge canal easement are permitted to fifty feet (50') and can be no
larger than ten percent (10%) of the total roof area. Silos, storage tanks, elevator
towers, etc. west of the Pine Ridge canal easement are permitted to fort3t feet (40')
and can be no larger than ten percent (1 ~/o) of the total roof area.
Outside storage or display shall be permitted and shall be screened with a fence at
least seven feet in height above ground level, or landscaping equivalent or
combination thereof. Said fence, wall or landscaped screen shall be opaque in
design. Ali manufacturing shall be conducted in a fully enclosed building.
All industrial building sides visible from roadways internal or external to the park
shall have the appearance of a concrete material, such as, but not limited to, block,
brick, tilt up concrete panels, stucco on lathe systems, etc. Corrugated steel sides
visible from said roadways are prohibited.
Business District type uses located within the I/C District along Goodlette-Frank
Road will meet the Collier Count)' Architectural Guidelines in Division 2.8. of the
LDC.
Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of
Section 2.19.B.3 hereof, alternatively, said uses shall have the option of utilizing the
landscaped buffer applicable to business uses fronting Goodlette-Frank Road,
provided the portion of the building facing Goodlette-Frank Road meets the
following Architectural Guideline Sections of the LDC, therefore satisfying the
intent of the building design section of the Architectural Guidelines in the opinion
of the Community Development and Environmental Services Administrator:
I. Section 2.8.3.5.1., Purpose and Intent
2. Section 2.8.3.5.4., Facade Standard
3. Section 2.8.3.5.6., Project Standards
Section 2.8.3.5.7, Detail Features except for 2.8.3.5.7.2.
Section 2.8.3.5.12.
3..4
AG£FIDA ~TI~M
OOT g 1 1997
09~' oTV~! 13~J
Loading Areas: Buildings west of the Pine Ridge canal and adjacent to the Pelican
Marsh boundary shall orient loading docks to the north, east or west.
3-5
OCT ~ 1 1997
SECTION IV
BUSINESS DISTRICT
4.1
4.2
4.3
PURPOSE
The purpose of this section is to identify permitted uses and development standards for
areas within Creekside Commerce Park designated on the Master Plan as "B".
GENERAL DESCRIPTION
Areas designated as "B' on the PUD Master Plan are intended to provide a maximum of
190,000 square feet of floor area, including approximately 150,000 square feet of office
uses and 40,000 square feet &retail uses on 17.0-A: net acres. The floor area ratio (FAR) for
the designated business land uses shall not exceed 35.
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
,,,,'hole or part, for other than the following:
A. Permitted Principal Uses and Structures:
Building Contractors (Groups 1521-1542), except for general contractors for
mobile home repair on site, modular housing and premanufactured housing
assembled on site, dr)' cleaning plant construction, paper pulp mill
construction, and truck and automobile assembly plant construction.
Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7342-
7389)
3. Child Day Care Services (Group 8351)
Convenience Store (Group 541 I) and Gasoline Filling Station (Group 5541)
Only one (!) allowed.
Communications (Groups 4812-4899), not including major communications
towers related to cellular phone service.
o
Depository and Non-Depository Institutions (Groups 601 !-6163) including
automatic teller machines
Drugs and Medicines (Groups 2833-2836)
Eating Places (Group 5812) not including
restaurants
4ol
fast food
11.
12.
13.
14.
15.
Educational Services (Groups 8243-8299)
Engineering, Accounting. Research, Management and Related Services
(Groups 8711-8748)
Government Offices/Buildings (Groups 9111-9222, 9224-9229, 931 I, 9411-
9451, 951 i-9532, 9611-9661)
Job Training and Vocational Rehabilitation Services (Group 8331)
Professional Offices: Travel Agencies (Group 4724); Insurance Agencies
(Group 6411); Insurance Carriers (Groups 6311-6399); Real Estate (Groups
6512-6515, 6517, 6519, 6531, 6541, 6552, 6553); Holding'and Other
Investment Offices (Groups 67124799); Attorneys (Group 8 ! I 1)
Physical Fitness Facilities (Group 799 I)
Any other use or service which is comparable in nature v,'ith the foregoing
uses and is othe~'ise clearly consistent with the intent and purpose
statement of the District and which the Community Development and
Enviromnental Sen'ices Administrator determines to be compatible in this
District.
Restricted Principal Uses
The following medical related uses must be located within 1/4 mile radius of the
hospital property boundary.
Drug Stores and Proprietary Stores (Group 5912) Only one (l) drug store
allowed.
2. Health Services, Medical Clinics and Offices (Groups 8011-8049)
Medical Laboratories and research and Rehabilitative Centers (Groups
8071-8099)
Any other use or service which is comparable in nature with the foregoing
uses and is otherwise clearly consistent with the intent and purpose
statement of the District and which the Community Development and
Environmental Sen'ices Administrator determines to be compatible in this
District.
C. Permitted Accessory Uses and Structures
~? .w-oeeoo~ ~ 3.su 4-2
OCT 2, 1 1997
4.4
Accessory uses and structures customarily associated with principal uses
permitted in this district.
Retail and wholesale sales and/or display areas as accessory to the principal
use, not to exceed an area greater than forty percent (40%) of the gross floor
area of the permitted principal use.
DEVELOPMENT STANDARDS
A. Minimum Lot Area: 20,000 S.F.
B. Minimum Lot Width: 100 FT.
C. Minimum Yard Requirements:
1. Front Yard. Immokalee and Goodlette-Frank Roads: FIR)' feet (50')
3. Side Yard:
Ten feet (10')
Five feet (5') to intemal property line along the Pine Ridge
canal drainage easement and FP&L easement
Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise
twenty feet (20')
5. Rear Yard: Twenty-five feet (25')
6. Minimum Building Setback from Perimeter Boundary of PUD:
a) Fifty feet (50') for buildings up to thirty five feet (35') in height.
b)
Three additional feet (3') for every one foot of building height over
thirty five feet (35') adjoining residential districts.
Maximum Height: Three stories over parking to a maximum of fifty feet (50') for
buildings within 1/4 mile of the hospital property boundary except that no structure
shall be greater than thirty-five feet (35'), on property west of the Pine Ridge
Drainage Ear, ement.
Eo
Commercial design guidelines for facilities in the Business District shall be subject
to the provisions of Division 2.8. Architectural and Site Design
Design Standards for commercial buildings and projects.
4-3
Fo
Outside storage or display shall be permitted and shall be screened with a fence at
least seven feet in height above ground level, or landscaping equivalent or
combination thereof. Said fence, wall or landscaped screen shall be opaque in
design.
09/26.~7 *W.(M~O I I ).At,)
4'-4
OOT ~ 1 1997
SECTION V
PRESERVE AREA
5.1
5.2
5.3
5.4
5.5
PURPOSE
The purpose of this Section is to identify permitted uses and development standards for the
area within Creekside Commerce Park, designated on the Master Plan, as Preserve Area.
GENERAL DESCRIPTION
Areas designated as Preserve Area on the Master Plan are designed to accommodate natural
systems existing or created as preserves and limited water management uses and functions.
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
Boardwalks and nature trails (excluding asphalt paved trails).
Water management facilities.
Any other preserve and related open space activity or use which is
comparable in nature with the foregoing uses and which the Development
Services Director determines to be compatible in the Preserve Area.
PRESERVE DISTRICT PRESERVATION EASEMENT
A non-exclusive preservation easement or tract is required by LDC Section 3.2.8.4.7.3. for
preservation lands included in the Preserve Area. The Developer, its successor or assign
shall be responsible for the control and maintenance of lands within the Preserve Area.
Exact location/boundary of the Preserve Area will be determined during the development
permitting process with the South Florida Water Management District, Army Corps of
Engineers, and Collier County.
PRESERVE AREA ADJUSTMENTS
The proposed native vegetation retention areas, depicted on the Creek.side Commerce Park
Master Plan, are intended for meeting the native vegetation requirements of the Collier
County Growth Management Plan a.,d the Collier County LDC. Adjustments I~~
to the location of the preservations areas at the time of preliminary plat or site
plan approval. If adjustments are needed, per the Collier County LDC the D~loper will ~ 7 v
I OOT: I lc 7 .
I
L ._3..7
~,- . .
have the option to increase the preservation in another area, enhance and preserve another
area, or provide increased native landscape per the Collier County LDC. The proposed
preservation areas, including 2.9 acres of wetlands and 4.1 acres of uplands, depicted on the
Creeks'de Commerce Park master plan, are areas where the native vegetation requirements
may be met as set forth in ;.he Collier County LDC.
5-2
EXECUTIVE SUMMARY
]P£'i-iT[ON NO. PUD-97-9~ JOIIN P. ASItER, P.E., OF COASTAL ENGINEERIN~
CONSULTANTS, INC., REPRESENTING TIlE CLUB ESTATES, L.C., FOR A R..EZONI'-
]~"ROM "A" RURAL A~RICULT~RA[~ TO "PUD" PLANNED UNIT DEVE~PMENT FO~
A pRo~-f ~ED ~E CLUB ESTATES PUD CONTAININ~ A
S-l~-E~y CONSIS~NG OF ~VNE~-EIGHT (~8) S~GLE FAMILY D~A~ED.
~OUS~G ~ AND HOME~ 0N A TOTAL $1'l~ AREA OF 155,8 ACRES, ~CATED O~
~Hg ~ST ~iDE OF C.R. 9~1 (ISLES OF CAPRI ROAD) IMMEDIATELY C0NTiGUOU~
TO ~E PROPER~ KNOWN AS NAPLES NA~ONAL GOLF AND COUNTRY CLUB
SEU-Ii0N 10~ TOWNSHIP 50 SOUTH~ RANGE 26 EAST~ COLLIER COUNIY~ ~OR~A
OBJECTIVE:
This petition seeks to rezone certain property as hereinafter described from
classification of"A" Rural Agricultural to "PUD" Planned Unit Development.
its current zoning
CONSIDERATIONS:
The property consisting of approximately 156 acres is located on the west side of CR-951 immediately
south of the Naples National Golf and Country Club. Further, the property lies within the urban
residentially designated area on the FLUE and the density rating system authorizes up to three dwelling
units per acre. The PUD is designed to achieve a total of twenty-eight (28) single-family home sites for
a density of 0.1 $ dwelling units per acre.
Staff with juristictional responsibilities relative to elements of the GMP and divisions of the LDC
reviewed the petition. This review advises that this petition, if approved, would not be inconsistent with
any applicable elements of the GN'[P. Development commitments contained within the PUD are
responsive to requirements for consistency w~th divisions of the LDC
The Transportation Circulation Element of the GIVI~ trafficway maps which establish right-of-way
alignments for planned major roads advises that an east-west right-of-way reservation be applied to the
south side of the subject property. The PUD Master Plan and development commitments section of the
PUD do not make provision for the right-of-way and its dedication. The Planning Commission debated
this provision and ultimately recommended approval of the PUD with the condition that appropriate
amendments be made to provide a sixty (60) t'oot right-of-way along the south side of the property. The
CCPC further advised that the traf'ficway maps be reevaluated to determine whether or not this
east/west corridor is needed and the likelihood of its permitting success in view of environmental
conditions in this general area.
The EAB recommended approval of this petition subject to conditions which are needed to address
environmental conditions of the site and to ensure that its development is consistent with natural
resources protection regulations. Similarly, the surface water management system was reviewed by the
£AB and appropriate stipulations are included in the PUD.
The CCPC heard this petition on September 18, 1997. They recommended approval with the condition
that the PUD be amended to provide for a future east-west road along the south side of the property.
No person spoke or otherwise communicated any opposition to ,his petition. The property owner to the
south indicated that they favored the provision of an east/west road corridor between their property and
the subject property.
FISCAL IMPACT:
This petition by and of itself will have no fiscal impact on the County. However, if this amendment
achieves its objective, the land will be developed. The mere fact that new development has been
approved will result in a future fiscal impact on County public facilities. The County collects impact
fees prior to the issuance of building permits to help off-set the impact of each new development on
public facilities. These impact fees are used to fund projects in the Capital Improvement Element
needed to maintain adopted levels of service for public facilities. In the event that impact fee collections
are inadequate to maintain adopted levels of service, the County must provide supplemental funds from
other revenue sources in order to build needed facilities.
GROWTH MANAGEMENT IM PACT:
As described above, the land use, density and intensity of development of the subject property were
deemed to be consistent with the FLUE to the GI~fP. Other related consistency reviews were also found
to be consistent by virtue of the way in which development conditions were addressed, and the strategy
devised for regulating the manner of development.
In view of the consistency findings, staff finds that there is no negative or other adverse impact to the
GMP resulting from the adoption of this petition.
Development permitted by the approval of this petition will be subject to a concurrency review under
the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of
either final SDP approval, final plat approval, or building permit issuance applicable to this
development.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore, no
Historical/Archaeological Survey and Assessment is required.
OOT lgg7
PLANNING COMMISSION RECOMMENDATION:
That Petition PUD-9?-9 be approved but that the petitioner be directed to amend the PUD regulations
and Master Plan to provide a sixty (60) foot future road risht-ofoway easement along the south side of
PLANNER
REVIEWED BY:
NT PL~NNI NG'~I^ N~AG ER'-,
nO~Lb-w. ARNOLD, A~CP
DATE
DATE
DATE /
PLANNING SERVICES DEPARTMENT DIRECTOR
VINcE-NT A. CAUTERO, ADMINISTRATOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
~.Vdal~.X R,.~.IMARY,I~'D 97.9
3
AGENDA ITEM 7-B
.MEMORANDUM
TO:
FROM:
DATE:
RE:
CC
At
PETITION NO:
OWNER/AGENT:
G COMMISSION
T SERVICES DIVISION
PUD-97-9 THE CLUB ESTATES
Agent:
MR. JOHN P. ASHER, P.E.
COASTAL ENGINEERING CONSULTANTS, INC.
2800 S. HORSESHOE DRIVE
NAPLES, FLOR~A 34104
THE CLUB ESTATES, L.C.
4141 ISLE OF CAPRI ROAD
NAPLES, FLORIDA 34112
(Charles V. Benton, Ph.D, Principal)
Contract Purchase
REOUESTED ACTION:
This petition seeks to have certain property as hen:in described rezoned from its current zoning
classification of"A" Rural Agricultural to "PUD" Planned Unit Development.
GEOGRAPHIC LOCATION:
The property fronts upon the west side of CR-951 and lies immediately contiguous the south side of
the Naples National Golf Club in the South '~ of Section 10, Township 48 South, Range 25 East (See
location map following page).
PURPOSE/DESCPaPT~ON OF PROJECT:
This petition espouses a Planned Unit Development strategy for approximately 156 acres of land that
would authorize twenty-eight (28) single family homes. Lakes and Conservation areas occupy 93.8
acres or 60% of the project area.
EXISTING AND SURROUNDING LAND USE AND ZOMNG:
Existing:
The property is currently vacant which includes a
mixture of upland and wetland fol~l~i[~[~~,
majority of the site contains exo'
The dominant exotic specie is
1
'~
,.~,
t
t
]
I
1
gr~O ~m~l~ ~' al'~O ~Jl3~ ~
i~.~
1;
Il
Ild~
- [i
[,
~ ~*~
,~
=
ii
a
!
· ~'~" ~" /
I
!
,i
~ "~J)
h
I
1
i
4
· I
I] ~[~
II
No.
~)
eastern portion of' the site supports pine
flatwoods while the western portion supports
cypress growth. Thc property is zoned "^" Rural
Agricultm'al.
Surrc,unding:
North -
To the north the land is developed in part by an
eighteen-hole golf course. However, the great
majority of the land that is part of the golf
course remains in its natural state. This property
is, however, zoned PUD Planned Unit
Development in which the use is limited to a
golf course and ancillary and accessory golf
course recreational us~s.
East - To the east lies CR-951, while opposite the
subject property the land is vacant and zoned "A"
Rural Agricultural.
South -
To the south the land is vacant but zoned "PUD"
Planned Unit Development (Casa del Sol) for a
residential development of small lots
anticipating affordable housing. The Casa del
Sol PUD was recently reviewed under the
County's PUD sunserting provision. A two (2)
year extension was given to the PUD.
West-
To the west the land abuts the Naples Heritage
PUD, a mixed use residential/golf course
community which'is actively under development.
GRO',VI'H MANAGEMENT PLAN CONSISTENCY:
The property is located within the Urban-Mixed Use-Urban Residential designated area on the FLUE
to the FLUE Map. This is a policy directive which essentially acknowledges that residential rczoning
of Agricultm'ally zoned land, given its timing in relationship to infrastruc~ availability, would be
an appropriate course of action. A consistency analysis with applicable elements of the GMP is as
follows:
FLUE and Density - By virtue of its location in the urban residential designated area, a zoning action
establishing an urban residential development as proposed is consistent with the FLUE.
The proposed number of dwelling units is twenty-eight (28) for a density of one dwelling unit for
each 5.57 acres of land. The density otherwise allowed by the FLUE density rating system is three (3)
dwelling units per acre. The proposed density is dramatically less than otherwise may be allowed.
Traffic Circulation Element - Site generated lraffic will not exceed the significance ~~"~~
percent of the LOS "C" design volume) on CR-951. In addition, the project trips
wi) l not ~~
level of service below any adopted LOS "D" standard2 within the project's radius
influence (ROI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation
Element (TCE). The TCE lists CR-951 in the project area as a four-lane arterial road fronting the
project. The current traffic count for this road is 16,915 which results in LOS "B" operation. No
roadway improvement for CR=951 will be required for to satisfy level of ser%,ice and concurrency
requirements for future development. The proposed subdivision will not create or excessively
increase traffic congestion within the project's RDI and complies with polici :s 1.3, 5.1, and 7.3 of the
TCE.
Conservation and O~en St~ace - Acreage qualifying as jurisdictional preserves and open space totals
94.5 acres which constitutes more than sixty (60) percent of the land area exclusive of land that will
be devoted to open space in connection with each homesite. Native vegetation preservation or re-
vegetation requirements of the LDC will be achieved by the design for preservation acres, therefore,
the Conservation and Open Space element of the GM3~ is achieved by the PUD development strategy.
l~tilitje~ and Management - Development of the land will proceed on the basis of connection to the
County's sewer and water distribution system. Once these utility lines are completed in accordance
with County standards, they will be deeded to the Collier County Water-Sewer District as prescribed
by County Ordinances.
Water management facilities will be constructed to meet County Ordinance requirements, These will
be reviewed and approved as a function of obtaining subsequent development order approvals.
The above prescribed course of action makes this petition consistent with this element of the GMP.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore,
no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of
the Land Development Code, if, during the course of site clearing, excavation or other construction
activity an historic or archaeological artifact is found, all development within the minimum area
necessary to protect the discovery shall be immediately stopped and the Collier County Code
Enforcement Department contacted.
EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE;
The subject petition has been reviewed by the appropriate staff responsible for oversight related to the
above referenced areas of critical concern. This primarily includes a review by the Community
Development Environmental and Engineering staff, and the Transportation Department.
The petition was reviewed by the EAB on August 6, 1997 and they recommended approval subject to
certain revisions to the PUD which have been included in the PUD document. Jurisdictional staffalso
made recommendation for modification of PUD provisions to ensure compliance with LDC
requirements and these are also included in the PUD regulations.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the c
favorable determination must be bas~. This evaluation is intended to pro
3
comprehensive overview of the impact of the proposed land use change, be it positive or negative,
culminating in a staff recommendation based on that comprehensive overview. The listed criteria are
specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus
requiring staff evaluation and comment, and shall be used as the basis for a recommendation of the
approval or denial by the Planning Commission :o the Board of County Commissioners. Each of the
potential impacts or considerations identified during the staff review are listed under each of the
criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of
the staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a
determination of compliance, non-compliance, or compliance with mitigation. These evaluations are
completed as separate documents and are attached to the staffrepon.
Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action
by appointed and elected decision makers. The evaluation by professional staff should typically
include an analysis of the petition's relationship to the community's future land use plan, and whether
or not a rezoning action would be consistent with the Collier County Growth Management Plan in all
of its related elements. Other evaluation considerations should include an assessment of adequacy of
transportation infrastructure, other infi'astructure, and compatibility with adjacent land uses., a
consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the
long range plan for future land uses.
Not¥,'ithstanding the above, staff in reviewing the determinants for adequate findings to support a
rezoning action advise as follows:
Relatignship to Future and Existing Land Uses - A discussion of this relationship, as it applies
specifically to Collier County's legal basis for land use planning, refers to the relationship of the
proposed zoning action to the Future Land Use Element of the Collier County Growth Management
Plan. As reported above the Future Land Use Plan acknowledges the entire area as an area where
urban residential development is expected to occur. The Master Plan illustrates a development at far
less density than otherwise could have been requested. Regarding the matter of timing, it should be
appreciated that urban residential development is under dzvelopment on the adjacent Naples Heritage
PUD. After considering the availability of community infrastructure and services it is clear that the
development of the subject property is timely and consistent with the FLUE to the GMP. The
development strategy is limited to single family detached housing on lot areas of not less than 20,000
square feet. Environmental characteristics of the site are such that a relatively small portion of the
land can be developed and therefore the project, based on a gross density relationship projects a
density that is consistent with the agricultural district. The development standards governing the
placement of single family homes are unique in the sense that no lot will share a common boundary
with another lot. The effect of this development regulation is that yard requirements will be most
similar to those ofthe agricultural district. It is noteworthy that the minimum floor area for residences
will be 3,000 square feet. With respect to the matter of compatibility, this is an evaluation whose
primary focus is similarity of land use and not density as so often misconstrued. In the case at hand,
and based upon the Future Land Use Plan we have an expectation that the land will be used for urban
residential purposes, and in fact the property is impacted by residential development on its west side
and an approved but as yet undeveloped residential PUD lies south of the subject property. Clearly
this is expected to be part of a larger residential district and any form of hot ting
compatible with development objectives for thc area.
OCT 1997
PI-
Traffic - The trips generated by this petition will not exceed $ percent of the LOS "C" design capacity
within the project's RDI. Furthermore, the site generated trips will not create a concurrency problem
because the project trips don't lower the overall road capacity below any adopted LOS "D" standard.
No roadway improvemcnt for CR-951 will be required for to satisfy level of service and concurrency
requirements for future development.
The proposed subdivision will not create or excessively increase traffic congestion within the
project's RDI and complies with policies 1.3, :5.1, 5.2 and 7.3 of the TCE. Therefore, no road
improvement or project phasing schedule for this subdivision is required. Based on the above, the
rezoning of this property is consistent with the County's plan for transportation relationships.
Specific roMway improvement require modifications to accommodate roadway interconnection with
CR-951 (i.e. turn lanes and compensative right-of-way). These are provided for in the development
commit~nent section of the PUD.
ln~~re - The Collier County sewer and water system will be extended into the prope~ and
provide these services to each residential lot. System improvements are required to comply with
provision of the County's utility ordinance which requires conve~ng the improvement to the County
upon their acc~tance.
All development must comply with surface water management requirements invoked at the time of
subdividing as the case will be for development of this land.
my excavation required to vacillate the project's surface water management plan will be required to
obtain an excavation permit and comply with the rules of the SF~.
(~gmmunity ][nfrastructure and Services - The subject property is readily accessible to a range of
community infrastructure and services which is enhanced by its location on CR-951, a four-lane
divided County arterial road. Shopping centers and various types of personal services are available a
short driving distance. The Edison Community College and K through 12 school facilities are located
in the Lely Resort community approximately one and on-half miles to the south. The property lies
within the Golden Gate Fire District. Provision of the GM? Public Facilities Map advises that a fire
station be located near the intersection of Davis Boulevard and CR-951. Currently, the nearest fire
station is at CR-951 and Golden Gate Parkway. Collier County library and emergency medical
services are located on U.S. ,~1 (Tarniami Trail E.).
PUD Document and Master Plan - PUD Document - The Club Estates is obviously intended to be a
small exclusive single family residential development and the PUD document is designed to reflect
that objective. The development standards are most similar to those of the agricultural district
regarding setbacks and space between houses. The PUD contains all of the recommendations of
reviewing staff and the EAB.
Master Plan - The Master Plan provides one point of intercormection with CR-951 w~ch provides
access to a single looped street system around t!,. m,.si easterly perimeter of the pro~. ~ere are
no p
developments in Collier Coun~ and thes~ cie'. ei~m. cr~t, have not posed any p
relative to access and emergency service responses.
5
STAFF RECOMMENDATION;
Staff recommends that the Collier County Planning Commission (CCPC) recommend approval of
Petition PUD-97-9 The Club Estates as provided by the PUD Document and Master Plan that will
become an exhibit to the Ordinance of Adoption.
~,EP~D ~Y:
CHIEF PLANNER
DATE I
REVIEWED BY:
IiOB~ERT J. MULHERE, AICP
DONALD ~ ARNOLD, AICP
~O SERVICES DEP~NT DIKECTOR
VI~Ni3-ENT A. CA~J'rERO, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
DATE
DATE
Petition Number PUD-97-9
Staff Report for September 18, 1997 CCPC meeting.
Note: This petition has been advertised for the September 18, 1997 BCC meeting.
COLLIER COUNTY PL~SION:
MICHAEL A. DAVIS, CHAIRMAN
KN/denSTAFF REPORT/PUD-97-9 Staff Report
OCT 1997
,,,. /D
FINDINGS FOR PUD
PUD-97-9
Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the PUD Master Plans' compliance with the following
criteria:
The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
Pro: (i)
IntensiFfing land development patterns produces economics of scale relative
to public utilities, facilities and services, which are currently available in this
al'ea.
(ii) The extent that location choice is enhanced for residential environments
within the urban area reduces the push on urban sprawl.
(iii)
The subject property is served by a network of arterial roads, all of which are
well within the urbanized area providing easy access to a host of community
services and facilities.
(iv) Comprehensive multi-disciplined analysis supports the suitability of the land
for the uses proposed.
Con: (i) As with all actions that intensify urban development patterns there is some
loss to travel time for users ofthe same arterial road system.
Summary F;ndin~: Jurisdictional reviews by County staff support the manner and
pattern of development proposed for the subject property. Development conditions
contained in the PUD document give assurance that all irffras~cture will be developed
and be consistent with County regulations. Any inadequacies which require
supplementing the PUD document will be recommended to the Board of County
Commissioners as conditions of approval by staff. Recommended mitigation measures
will assure compliance with Level of Service relationships as prescribed by the Growth
Management Plan.
maintained at public expense.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other Instruments, or for amendments in those proposed, particnlarly
as they may relate to arrangements or provisions to be made forthbea'=~]f~ilr~~~~W!
operation and maintenance of such areas and facilities that are not to
OCT 1997
II
e
Pro/Con~ Evaluation not applicable.
Summary Flndlnt: Documents submitted with the application provide evidence of
unified control. The PUD document makes appropriate provisions for continuing
oper'~t/on and maintenance of common areas.
Conformity of the proposed Planned Unit Devek, pment with the goals, objectives
and policies of the Growth Management Plan.
Pro:_ (i) The development slxategy for the subject property is entirely consistent with
the goals, objectives and policies of the Growth Management Plan.
Con: (i) None.
Summary.. Flndine: The subject petition has been found consistent with the goals,
objectives and policies of the Grow'th Management Plan. A more detailed description of
this conformity is addressed in the Staff Report.
Additional Finding: The subject property is designated Urban-Mixed-Use - Urban
Residential on the FLUE to the GMP. As such it authorizes zoning actions aimed at
allowing the land to be used for urban residential purposes at the density proposed.
This petition has been reviewed by the appropriate staff for compliance with the
applicable elements of the Growth Management Plan, and was found to be consistent
with all applicable elements.
Future Land Use Elemelqt - Consistency with FLUE requirements is timber described as
follows:
The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and
buffering and screening requirements.
Evaluation not applicable.
Summary Findim~: The PUD Master Plan has been designed to optimize internal land
use relationship through the use of various forms of open space separation. External
relationships are automatically regulated by the Land Development Code to assure
harmonious relationships between projccts. ~E~Jl~gr~
NO. ~
OOT
,,,.
2
,.
The adequacy, of usable open space areas in existence and as proposed to serve the
development.
Pro/Con: Evaluation not applicable.
Summary Findinff: The amount of open space set aside by this project is greater than
the provisions of the Land Development Code.
e
The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both publl~, and private.
ProlCon: Evaluation not applicable.
Summary Findinl~: Timing or sequence of development in light of concurrency
requirements is not a significant problem. See finding No. 1, also applicable for this
finding.
0
The ability of the subject property and of surrounding areas to accommodate
expansion.
Pro/Con: Evaluation not applicable.
Summary Finding; Ability, as applied in this context, implies supporting infrastructure
such as wastewater disposal system, potable water supplies, characteristics of the
property relative to hazards, and capacity of roads, is supportive of conditions emanating
from urban development. This assessment is described at length in the staff report
adopted by the CCPC. Relative to this petition, development of the subject property is
timely, because supporting infrastructure is available.
Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
Pro/Con: Evaluation not applicable.
Summary Findinu_: This finding essentially requires an evaluation of the extent to
which development standards proposed for this PUD depart from development standards
that would be required for the most similar conventional zoning district. The
development standards in this PUD are similar to those standards used for particular
housing structures and associated area requirements.
FfNDfNGS FOR PUD-97-9/md
OCT 1991
REZONE FINDINGS
PETITION PUD-97-9
Section 2.7.2.5. of the Collier County Land Development Code requires that the report and
r~commendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in relation
to the following, where applicable:
Whether the proposed change will be consistent with the goals, objectives, and
policies and Future Land Use map and the elements of the Growth Management
Plan.
Pro/Coo; Evaluation not applicable.
Summary Flndines; The proposed development is in compliance with the Future land
Use Element of the Growth Management Plan for Collier County and all other elements,
their objectives and policies. The urban residential FLUE designation, applicable to the
property, anticipates a zoning action to any residential zoning district inclusive of PUD's
so long as the authorized density is consistent with the density rating system to the FLUE.
Companion PUD Findings evaluation as well as the adopted CCPC staff report addresses
this same finding.
The existing land use pattern;
Pro/Con: Evaluation not applicable.
Existing:
The property is currently vacant
which includes a mixture of upland
and wetland forested land. The
majority of the site contains
exotic plant species. The dominant
exotic specie is malaleuca. The
eastern portion of the site
supports pine flatwoods while the
western portion supports cypress
growth. The property is zoned
Rural Agricultural.
Surrounding:
North
To the north the land is developed
in part by an eighteen-hole golf
of the land that
golf cour.e re. i . I
East -
South -
West
zoned PUD Planned Unit Development
in which the use is limited to a
golf course and ancillary and
accessory golf course recreational
uses.
To the east lies CR-951, while
opposite the subject property the
land is vacant and zoned "A" Rural
Agricultural.
To the so~lth the land is vacant but
zoned "PUD" Planned Unit
Development (Casa del Sol) for a
residential development of small
lots anticipating affordable
housing. The Casa del Sol PUD was
recently reviewed under the
County's PUD sunsetting provision.
A two (2) year extension was given
to the PUD.
To the west the land abuts the
Naples Heritage PUD, a mixed use
residential/golf course community
which is actively under
development.
The possible creation of an isolated district unrelated to adjacent and nearby
districts;
Pro/Con: Evaluation not applicable.
$#mmarv Findines: Thc parcel is ora sufficient size that it will not result in an isolated
district unrelated to adjacent and nearby districts because development of the land simply
implements a part of the GMP FLUE Urban Designation, an action which is expected
given that timing is appropriate. Availability of adequate infi'astructurc, nearby urban
development support thc timing relationship and justify the conversion process of
agricultural to an urban residential zoning district, albeit this petition seeks a gross
density more consistent with agricultural zoning.
Whether ezisting district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Pro/Con: Evaluation not applicable.
Summary Flndints: Thc district botmdarics arc logically drawn.
purposes this action will result in expanding the boundaries of similar
districts. Residential PUD's abut the property on the west and south si
2
11
e
Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro/Con: Evaluation not applicable.
Summa~' Findings: The proposed zoning change is appropriate based on the existing
conditions of the property and because its relationship to the FLUE (Future Land Use
Element ofthe GMP) is a positive one.
W'nether the proposed change ~vill adversely influence living conditions in the
neighborhood;
Pro: (i)
The County's land use policy as reflected by the FLUE supports an action
to allow urban residential development. Currently there are contiguous
existing or planned residential developments.
Con~ (i)
Urban Mixed-Use development may not coincide with residcnt's desire to
maintain a existing natural environment.
Summary Findint~s: The proposed change will not adversely influence living
conditions in the neighborhood because the recommended development standards and
other conditions for approval have been promulgated and designed to ensure the least
amount of adverse impact on adjacent and nearby developments. A large pan of the site
will remain in a natural enhanced condition adjacent currently developed residential
Whether the proposed change will create or excessively increase traffic congestion
or create t~'pes of traffic deemed incompatible with surrounding land uses, because
of peak volumes or projected t3'pes of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety..
Pro: (i)
Development of the subject property is consistent with provisions of the
Traffic Element of the GM.P, therefore, traffic intensity should not
adversely affect the comfort and safety of existing users on adjacent public
roads (i.e.C.R. 951).
(ii)
C.R. 951 is currently operating at a LOS "B". Development of twenty-
eight (28) homes should have negligible impact on this LOS.
(iii) Urban intensification is cost effective.
Conl (i)
As urban intensification increases, there is some loss of comfort and ease
of travel to the motoring public. However, by la~
discomfort is regulated by concun'ency requirements.
1997
e
Jo
I0.
Summar-,' Findines: Evaluation of this project took into account the requirement for
consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent,
by utilizing a phased development program, a statement advising that this project when
developed will not excessively increase traffic congestion. Additionally certain traffic
management system improvements are required as a condition of approval (i.e. turn lanes,
traffic signals, dedications, etc.). In the final analysis all projects are subject to the
Concurrency Management system. Approval of this extremely Iow density project will
negligibly impact C.R. 951.
Whether the proposed change will create a drainage problem;
Pro: (i)
Road improvements precipitated by this development and water
management improvements to accommodate site development are
designed to accommodate the normal drainage requirement.
Con: (i)
Urban intensification potentially can heighten the occasion for area-wide
flooding under the more severe rainfall event.
SummaD' Findings: Every project approved in Collier County involving the utilization
of land for some land use activity is scrutinized and required to mitigate all sub-surface
drainage generated by developmental activities as a condition of approval. This project
is designed to preserve and enhance a large part of the site which will take some of
surface water nmoff from developed areas.
Whether the proposed change will seriously reduce light and air to adjacent areas;
Pro/C0n: Evaluation not applicable.
Summary Findings: All projects in Collier County are subject to the development
standards that are unique to the zoning district in which it is located. These development
standards and others apply generally and equally to all zoning districts (i.e. open space
requirement, corridor management provisions, etc.) were designed to ensure that light
penetration and circulation of air does not adversely affect adjacent areas.
Whether the proposed change will adversely affect property values in the adjacent
area;
pro: (i) Urban intensification typically increases the value of adjacent or
underutilized land.
Con; None.
Summary Findlnt~s: This is a subjective determination based upon m
which may be internal or external to the subject property that can affect
Property valuation is affected by a host of factors including zoning, ho
itself may or may not affect values, since value determination by law is
11.
12.
13.
14.
15.
value. The mere fact that a property is given a new zoning designation may or may not
affect value. However, this project is obviously directed at an upscale single family
market which should benefit adjacent property.
nV'nether the proposed change will be a deterrent to the improvement or
development of adjacent property In accordance with existing regulations;
Pro/Con: Evaluation not applicable.
Summary Findint~s: The basic premise underlying all of the development standards in
the zoning division of the Land Development Code is that their sound application when
combined with the administrative site development plan appwval process, gives
reasonable assurance that a change in zoning will not result in a deterrence to
improvement or development of adjacent property.
Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting svith the public welfare;
ProlCon: Evaluation not applicable.
Summary Findings: The proposed development complies with the Growth management
Plan, a public policy statement supporting Zoning actions when they are consistent with
said Comprehensive Plan. In light of this fact the proposed change does not constitute a
grant of special privilege. Consistency with the FLUE is further determined to be a
public welfare relationship because actions consistent with plans arc in the public interest.
Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Pro/Con; Evaluation not applicable.
Summary Findinps: The subject property is zoned "A" Rural Agricultural. To deny this
petition would deprive the owner of any reasonable use of the property consistent with
the GMP.
Whether the change suggested is out of scale with the needs of the neighborhood or
the County:
Pro/Con: Evaluation not applicable.
~;um~ary Flndin~s: The proposed development complies with the Growth
Management Plan, a policy statement which has evaluated the scale, density and intensity
of land uses deemed to be acceptable for this site.
Whether is it impossible to find other adequate sites in the County
use In districts =iready permitting such use.
)r the p~
OOT .1997
!6.
17.
Pro/Con: Evaluation not applicable.
Summar3' Findings? This site is zoned "A" Rural Agricultural. Whether or not there are
other similarly zoned residential areas is irrelevant.
The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
Pro/Con: Evaluation not applicable.
Summary FindinR$: The site will be altered to the extent necessary to execute the
development strategy.
The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier Count}' Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
Pro/Con: Evaluation not applicable.
Summary Findin_~s: Staff reviews for adequacy of public services and levels of service
dctcrrnincd that required infrastructure meets with GMP cstablishcd relationships.
NOTE:
GMP as used herein means the Collier County Growth Management Plan.
FLUE means the Future Land Use Element of the GMP.
REZONE FINDINGS PUD-97-9/md
6
COLL~RCOUNI~
AI:~ICATION ~OR STAND~ REZOI~
PETITION NO.
COORDINATING PLAN~ER: /-*~ ~,~ /j: ,:..'c DATE RECEIVED:
.......
APPLICANT NAME (AGENT):Coa~stal Enqineerin~ Oonsultant~HONE: 643-2324
APPLICANT ADDRESS: 3106 S. Horseshoe Dri~ }~_~_~~ Florida 34104
PROPERTY OWNER (PETITIONER) NAME AND ADDRESS*: The. Club Estates L.C.
4141 Isle of Ca i Road Naples Florida 34112 _PHONE: 775-3468
DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTy:
SECTION:. 10 TOWNSHIP: 50 SOuth
RANGE: 26 East
_The south one half of the south one half of Section 10, Township 50 South, .~ange
__25 East.. less and ~ the east 125.00 feet.
-- PROPERTY I.D.
SIZE OF PROPERTy: 1378 ,FT X 4900
· _FT. ACRES: 155.77
GENERAL LOCATION OF SUBJECT PROPERTY: ~st side of CR-951 one mile north of
ADJACENT ZONING AND LAND USE
ZONING
N_ a ricu/tural
EXISTING ZONING: ATricultural
PROPOSED LAND USE OR RANGE OF USES
._ with ~st ~uses,
LAND USE
Golf Course
CR-951
REQUESTED ZONING: ~W3D
(OPTIONAL) :_ Single family homes
-1-
OCT 1997
DOES PROPERTY OWNER OWN CONTIGUOUS PROPERTY TO THE SUBJECT PROPERTY?
IF SO, GIVE COKPLETE LEGAL DESCRIPTION OF ENTIRE CONTIGUOUS PROPERTY:
HAS A PUBLIC ~.ARING FOR A REZONE BEEN H~ ON THIS PROPERTY WITHIN THE
PAST 12 MONTHS? IF YES, PLEASE WRITE THE REZONE APPLICATION NO. .
IS THIS PROPERTY CURRENTLY VACART? ~ YES NO. IF THE ANSWER IS
NO PLEASE DESCRIBE THE CURRENT LAND USE AND A~L EXISTING STRUCTURES.
Char es V. Benton, Ph.D., Principal ~/ DATE
The Club Estates, L.C.
If petitioner is a corporation other than a public corporation, so
indicat, e and name officers and major stockholders.
If petitioner
beneficiaries.
is a land trust, so indicate and name
If petitioner is a partnership, limited partnership or other
business ent$ty, so indicate and name principals.
If petitioner is a lessee, attache copy of lease, and indicate
actual owners if no= indicated on the lease.
If petitioner is a contract purchaser, attache copy of contract,
and indicate actual owners name and address.
STAND REZONE APP/md/14864
-2-
AGEJ~DA ITEM
OCT 1997
I,... (~rlesV. Bentcn, Ph.D. being duly sworn, deposeand
say that I am the owner of the property described herein and which is
the sub~ect matter of the proposed hearing; that all the answers to the
questions in this application, and all sketches, data and other
supplementary mater attached to and made a part of this application,
ars honest an~ true to the best of my knowledge and belief. I '
~nderltand this application must be completed and accurate before a
hearing can be advertised. I further permitCoastalEngineerir~CDnsul~ts, Inc.
(AGENT'S NAMe)
to act as my representative in any matters regarding this petition.
State of Florida
County of Collier
The Club .Estates, L.C. -'
_ The foregoing_/%graement Sheet was acknowledged before ma
~~ day of ____~J~ , 199 q by V. this
lden on and w o did ~id not) take an oath.
~~ ~igna~re ~f Nota~ P~lic~-
NOTARY PUBLIC
Commission / dd ~/G~z~
My CommissioS' Expires: ~/G~g
OOT 1997
State of Florida
County of Collier
JGNATURE OF AGENT
he foreg~in~ Agreement Shee= was ac~n0yled~ed,bef0re me this
day of ~, 199~ by ' ~ , who is
personally known to~e or who has produced as
identification and Qho did (did no=) take aW oath. j' --
NOT Y PUB C ' ~
Commission #
My Co~ission Expires:
-2-
OCT 1997
LAND TRUST 5385 BENEFICIAL INTEREST
Acme~ Co.
James A. Brown
Cl~e~ (3. Farr~ Trust
H. Maitland Oralu~ Trust
John W. Landrum
Frank Upps
Annemieke Morelisse
Robert A. Peters
Harold Smith Jr., Trustee
Philip & Jean Smith
Amos & Florence $. W'~ner
Earl L. Frye, Trustee
lV~chael .j. Frye
Charle~ Bickel, Trustee
David B. Bracken, Trustee
Dorothy S. Bracken, Trustee
Donhy S. Corson
Thoma~ H. Cordon
.janet K. Davis
.jay M.Ginsburg
Cecil .j. Home
.John VanderMeiden, J'r., Trustee
Robert H. Schultz
Stallard Fanu'ly Limited Partnership
Barney Wichman
Eric R. Wolf'
Isidor Wolf'
5.00
9.00
5.00
5.00
5.00
5.00
10.00
10.00
5.00
5.00
5.00
2.50
2.50
2.50
2.50
2.50
2.50
2.50
1.00
.50
2.50
3.00
2.50
2.50
.50
.50
.5C
NO. ~
OCT 1997'
· P~,. ~
ORDINANCE NO. 97-
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE
COLLIER COUNTY '.AND DEVELOPMENT CODE WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPOPATED AREA OF COLLIER COUNTY, FLORIDA
BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMDER -
060910; BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM 'A~ RUP~L
AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWI! AS THE CLUB ESTATES PUD CONTAINING A
DEVELOPMENT STRATEGY CONSISTING OF TWENTY-EIGHT
(28) SINGLE FAMILY DETACHED HOUSING LOTS AND HOMES
LOCATED ON THE WEST SIDE OF C.R. 951 (ISLE OF
CAPRI ROAD) IMMEDIATELY CONTIGUOUS TO THE PROPERTY
KNOP~ AS NAPLES NATIONAL GOLF AND COUNTRY CLUB,
IN SECTION 10, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLiE~ COUNTY, ~'LORIDA, CONSISTING OF 155.8
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, John P. Asher, P.E., of Coastal Engineering
Consultants, inc., representing The Club Estazes, L.C.,
petlticned the Board cf County Commissioners to change the z:nin~
classification of the herein described real property;
NOW, ?HEREFORE BE iT ORDAINED by the Board cf County
Cor.~:s$icners cf Collier County, Florida:
SECTION CNE:
The zoning classification of the herein described real
property Iocate~ in Section !0, Township 50 South, Range 26 East,
Collier County, Florida, is changed from "A" Rural Agrlcul:ural
to "PUD" Planned Unit Development in accordance with the Club
Estates PUD Document, attached hereto as Exhibit #A" and
incorporated by reference herein. The Official Zoning Atlas Map
Number 060910, as described in Ordinance Nu..'%ber 91-102, the
Collier County Land Development Code, is hereby amended
accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the
Department of State.
-1-
OCT 1997'
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this -- day of ,
1997.
8OARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
[Y~IGHT E. BROCK, Clerk
Approved as to Form
and Legal Sufficiency
Student
Assistant County Attorney
BY:
TIMOTHY L. HANCOCK, Chairman
-2-
OCT 1997'
THE CLUB ESTATES
A PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING THE CLUB ESTATES A PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FORa
THE CLUB ESTATES, L.C.
4141 ISLE OF CAPRI ROAD
NAPLES, FLORIDA 34114
PREPARED BY:
COASTAL ENGINEERING CONSULTANTS, INC.
2800 SOUTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
CEC FILE NO. 96.032
SEPTEMBER 11, 1997
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
OCt ~1997 I~
P~' ~
TABLE OF CONTENTS
LIST OF EXHIBITS AND TABLE
STATEMENT OF COMPLIANCE
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
I PROPEKTY OWNERSHIP AND DESCRIPTION
II PROYECT DEVELOPMENT REQUIREMENTS
III LOW DENSITY RESIDENTIAL AREA PLAN
IV COMMONS AREA PLAN
V CONSERVATION/PRESERVE AREA PLAN
VI DEVELOPMENT COMMITMENTS
i
ii
OCT ~'~'1997
LIST OF EXHIBITS AND TABLES
EXHIBIT A
EXHIBIT B
EXHIBIT C
PUD Master Plan
Typical Lot Plan
Typical Road Cross-Section
1997
STATEMENT OF COMPLIANCE
The development of approximately 155.8 acres of property in Collier County, as a Planned Unit
Development to be known as THE CLUB ESTATES will be in compliance with the goals,
objectives and policies of Collier County as set forth in the Growth Management Plan. The
residential and rc:rcational facilities of THE CLUB ESTATES will be consistent with thc growth
policies, land development regulations, and applicable comprehensive planning objectives of each
of the elements of the Growth Management Plan for the following reasons:
Re~tdeotial Prolect
The subject property is within the Urban Residential Land Use Designation as
identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and
Policy 5.3 of the Future Land Use Element.
The subject property's location in relation to existing or proposed community
facilities and services permits the development's residential density as required in
Objective 2 of the Future Land Use Element.
The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
Improvements are planned to be in compliance with applicable forthcoming land
development regulations as set forth in Objective 3 of the Future Land Use
Element.
The project development will result in an efficient and economical extension of
community facilities and services as required in Policies 3.1.H and L of the Future
Land Use Element.
The project development is planned to incorporate natural systems for water
management in accordance with their natural fimctions and capabilities as may be
required in forthcoming regulations required by Objective 1.5 of the Drainage
Sub-Element of the Public Facilities Element.
The Planned Unit Development includes open spaces and natural features which
are preserved from future development in order to enhance their natural functions
and to serve as project amenities.
The projected density of O. 18 d.u. per acre is in compliance with the Future Land
Use Element of Grow~ Management Plan based on the following relationships to
required criteria:
Base density: 28 d.u.
Project area: 155.8 Acres
28 d.u./155.8 Ac = 0.179 d.u./Ac.
Density allowed = 3 d.u./Ac.
OOl' 1997
1.1
1.2
1.3
1.4
1.5
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the properly proposed to be developed under the
project name of THE CLUB ESTATES.
LEGAL DESCRIPTION
The subject property being 155.8 acres, is described as:
The South one half of the South one half of Section 10, Township :50 South, Range 26
Ea~ Collier County, Florida, LESS AND EXCEPT the East 12:5.00 feet for County right-
of-way and/or Utility Easements, as appear in those certain deeds and instruments
recorded at O.R. Book 1952, Page 2219.
PROPERTY OWNERSHIP
The subject property is currently under the ownership of Richard K. Bennett, as Successor
Trustee of Land Trust 5385.
GENERAL DESCRIPTION OF PROPERTY AREA
The project site is located in the South 1/4 of Section 10, Township 50 South, Range 26
Fast. Generally, the project is located on the west side of CR-951 approximately one mile
north of Rattlesnake Hammock Road. The zoning classification of the subject property
prior to the date of this approved PUD Document was Rural Agricultural.
PHYSICAL DESCRIPTION
The undeveloped property is south of Naples National Golf Course development, east of
the Naples Heritage Golf Course community, northeast of the Wing Park South
subdivision, north of undeveloped land and west of CR-9$1. The project is located in the
C-4 Canal Drainage Basin.
The average existing elevation is 9.5 NGVD with specific spot elevations ranging from
8.3 to 10.4 NGVl). The depths to bedrock in the area varies from some four (4) feet to
more than twelve (12) feet. All of the site is in Flood Zone X according to Firm Maps
120067 0605E and 120067 0415D.
I-1
OCT 1997
, ........... II ......................................... II ........ i~ ........ ii III ,, .... I
1."/
The soil tylxa on the site include Pineda fmc sand (approximately 7:5%), Boca frae sand
(approximately 20%) and Chobee (approximately 5%). Soil characted~cs were derived
from the Soil Survey of Collier County, Florida, issued by the U.S. Department of
Agriculture (Soil Conservation Sev,ice) in March 1954.
PROJEC'rDESCRUrrION
The compl~ project will be a private gated community consist!nE of 28 residential lots,
a common tennis recreation area and two '~te:cop. nected lakes. Th~ lots and lakes will
be llx:~ted on the interior of the pefi-~',er access road. Each lot will have a permanent
concr~ block or stone retaining xw, d ~u, rounding thc lot and driveway.
SItORT TITLE
This Ordinance shall be know~ and cited as tk,: "THE CLUB ESTATES PUD."
I-2
NO. ~
OOT~- 1991
2.1
2.2
SECTION H
PROJECT DEVELOPMENT REQUIREMENTS
PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of
the tracts included in the project, as well as other project relationships.
Regulations for development of THE CLUB ESTATES shall be in accordance with the
contents of this document, PUD-Planned Unit Development District and other applicable
sections and pans of the Collier County Laml Development Code and Growth
Management Plan in effect at the time of building permit application. Where these
regulations fail to provide developmental standards, then the provisions of the most
similar district in the County Land Development Code shall apply.
Unless otherwise noted, the definitions of all terms shall be the same as the definitions
set forth in Collier County Land Development Code in effect at the time of building
permit application.
All conditions imposed and ali graphic material presented depicting restrictions for the
development of THE CLUB ESTATES shall become pan of the regulations which govern
the manner in which the PUD site may be developed.
Unless modified, waived or excepted by this PUD, the provisions of any other sections
of the Land Development Code, where applicable, remain in full force and effect with
respect to the development of the land which comprises this PUD.
Development permitted by the approval of this petition will be subject to a concurrency
review under the provisions of Division 3.15 Adequate Public Facilities at the earliest or
next to occur of either final SDP approval, final plat approval, or building permit issuance
applicable to this development.
DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The project Master Plan, including layout of streets and use of land for the various tracts,
is illustrated graphically by Exhibit "A", PUD Master Development Plan. There shall be
approximately six (6) land use tracts, plus necessary water management lakes and street
rights-of-way, the general configuration of which is also illustrated by Exhibit 'A'.
II-1
AGE D ~
OCT 997
TRACT DEVELOPMENT TYPE "UNITS/S. AREA
L SINGLE FAMILY LOTS ' " ~8 47.6 AC
T " COI~iMON AREA/TENNIS CENTER 4,000 $.F.' ..... 0.7 AC
CA CONSERVATION AREA N/A 67.4 AC
O LAKES AND' CONSERVATION AREA N/A 26.4 AC
R RO~,DS/PdGH.T-OF-WAY N/A 13.6 AC
'fL TURN-LANE N/A 0.1 AC
TOTAL 155.8 AC
2,4.
2.S,
Areas illustrated as lakes by Exhibit 'A' shall be constructed as lakes or, upon approval,
parts thereof may be constructed as shallow, intermittent wet and dry depressions for
water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be
in the same general configuration and contain the same general ncreage as shown by
Exhibit 'A'. Minor modification to all tracts, lakes or other boundary may be permitted
at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject
to the provisions of Sections 3.2.6.3.5 and 2.7.3.5 respectively, of the Collier County
Land Development Code or as otherwise permitted by this PUD document.
In addition to the various areas and specific items shown'in Exhibit "A", such easements
as necessary (utility, private, semi-public, etc.) shall be established within or along the
various Tracts as may be necessary.
DF.~CRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
A maximum of 28 single family residential dwelling units, shall be constructed in the
total project area. The gross project area is 155.8 acres. The gross project density,
therefore, will be a maximum of O. 18 units per acre.
R~LATED PROJEC'r PLAN APPROVAL KEOUIREMENTS
Prior to the recording of a Subdivision Plat, for all or part of the PUD, final
plans of all required improvements shall receive approval of the appropriate
Collier County governmental agency to insure compliance with the PUD Master
Plan, the Collier County Subdivision Code and the platting laws of the State of
Florida.
II-2
00T 1997
2.6
aJ
Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan.
Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat
if applicable shall be submitted for the entire area covered by the PUD Master
Plan. Any division of property and the development of the land shall be in
compliance with Division 3.2 of the Collier County Land Development Code, and
the platting laws of the State of Florida.
The provisions of Division 3.3 of the Collier County Land Development Code
when applicable shall apply to the development of all platted tracts, or parcels of
land as provided in said Division prior tx~ the issuance of a building permit or
other development order.
The development of any tract or parcel approved for residential development
contemplating fee simple ownership of land for each dwelling unit shall be
required to submit and receive approval of a Preliminary Subdivision Plat in
conformance with requirements of Division 3.2 of the Collier County Land
Development Code prior to the submittal of construction plans and a final plat for
any portion of the tract or parcel.
Eo
Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications and methods for providing perpetual
maintenance of common facilities.
MODEL HOMES AND SALES FACILITIES
Model homes/model home centers including a sales center shall be permitted in
conjunction with the promotion of the development subject to the following:
Ae
One "wet" and one "dry" model may be constructed prior to recording of a plat.
Location is limited to future, platted single family lots. Permits for all models
must be applied for by project owner.
The models permitted as "dry models" must obtain a conditional certificate of
occupancy for model purposes only. The "wet" model may not be occupied until
a permanent certificate of occupancy is issued.
The model ("wet model") utilized as "sales offices" must obtain approval by and
through the Site Development Plan process.
Do
Prior to recorded plats, metes and bounds legal descriptions shall be provided to
and accepted by Collier County as sufficient for building permit issuance. Said
metes and bounds legal descriptions must meet proposed plat configurations and
all models constructed pursuant hereto shall conform to applicable minimum
square footages, setbacks, and the like as set forth herein.
Access shall be provided to each "dry" model from the "wet" model. Access shall
be for pedestrian traffic only, no paved road will be allowed. Access to the "wet"
model shall be provided by a paved road or temporm'y driveway and shall have
a supporting parking lot.
Sales, marketing, and administrative functions are permitted to occur in designated
"wet" model homes within the project only as provided herein.
The "wet' model may be served by a temporary utility system with ultimate
connection to the central system. Interior fire protection facilities in accordance
with NFPA requirements are required unless a permanent water system is
available. A water management plan must be provided which accommodates the
runoff from the model home, parking, access road/driveway and other impervious
surfaces. The system shall be designed and constructed so that it is integrated
with the master system for the entire development.
2.6. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER pLAN
2.7
Amendments may be made to the PUD as provided in the Collier County Land
Development Code, Section 2.7.3.5.
ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
MAINI~:NANCK
Whenever the developer elects to create land area and/or recreation amenities whose
ownership and maintenance responsibility is a common interest to all of the subsequent
purchasers of property within said development in which the common interest is located,
that developer entity shall provide appropriate legal instruments for the establishment of
a Property Owners Association whose function shall include provisions for the perpetual
care and maintenance of ali common facilities and open space subject further to the
provisions of the Collier County Land Development Code, Section 2.2.20.3.8.
II-4
OOT-. 1997'
SECTION HI
LOW DENSITY RESIDENTIAL AREA PLAN
Th~ purpose of this Section is to id~'~tify sp~ific d~¢lopment stan~ for ar~as
d~signa~ on Exhibit "A' as Tract "L", Low Dcngty ~sidential.
~ DWELLING UNITS
For the purpose of t~s section Iow density reskl~ntial is defined as 4 or less dwelling
units per acre on the Uac~(~) allocated to ~ purpose.
· The maximum number of' low density dwelling units allowed within thc PUD shall be as
follows:
Total 28
USES PERMITTED
No building or su'ucture, or part thereof, shall be erected, alta'ed or used, or land used,
in whole or part, for other than the following:
Principal Uses:
!. Single Family Dwelling Unit
2. On-site sewage treatment plant/facilities (see Section 3.5)
Accessory Uses:
1. Customary accessory uses and structures, including private garages.
2. Common recreation amenities.
3. Detached Guest Houses
4. Commercial Excavations
III-1
3.4.
]DEVELOPMENT STANDARDS
A. GENEI~L:
Do
All yards and set-backs shall be in relation to the individual
lot boundaries, except as otherwise provided.
MINIMUM LOT AREA:
MINIMUM LOT WIDTH:
20,000 square feet.
2.
3.
4.
Comer Lots - 100 feet
Interior Lots - 100 feet
MINIMUM LOT FRONTAGE:
1. 30 feet, measured at the right-of-way line.
MINIMUM YARDS:
It is anticipated that the residential lots will be uniquely shaped and that no lots
will share a common lot line. Each lot will be separated by a Common Area
buffer averaging 80 feet in width. Therefore, the minimum side and rear yard of
zero (0') feet is justified. Please see the Typical Lot Plan, Exhibit "B".
Front Yard: 50 feet from Right-of-Way.
Side Yard: 0 feet
Rear Yard: 0 feet
Front yard setbacks shall be measured as follows:
(a)
If a lot or parcel is served by a public or private right-of-way,
setback is measured from the adjacent right-of-way line, even if the
lot or parcel is "T" or flag shaped.
(b)
If a lot or parcel is served by a non-platted private drive, setback
is measured from the back of curb or edge of pavement.
(c)
III-2
If a lot or parcel is served by a platted private drive, setbaCk is
measured from the road easement or property line.
OCT 1997
The minimum lot width measurement shall start approximately 50 feet back from
the right-of-way and shall not include the narrow driveway portion of the lot.
Fe
MINI~ FLOOR AREA:
3.5
1. 3,000 square feet
G. MINIMUM DISTANCE BETWEEN PRINCIPAL AND ACCESSORY
STRUCTURES:
1. 10 feet
H. OFF-STREET PARKING AND LOADrNG REQUIREMENTS
As required by Division 2.3 of the Collier County Land Development Code in
effect at the time of building permit application.
I. MAXIMUM HEIGHT:
Principal Structure - 50 feet and 3 stories above the minimum base flood
elevation
Accessory Structure - 35 feet and 2 stories above the minimum base flood
elevation
SPECIAL USE
A portion of Tract "L" may be used as the temporary location of a sewage treatment plant
and oxidation/evaporation pond if a the County treatment and collection system is not
available to serve the project. At such time as the treatment plant is discontinued, all of
Tract "L" shall be utilized for single family development as provided for by this Section.
A. DEVELOPMENT STANDARDS
MINIMUM YARDS: Structure - Fifty (50) feet from sewage treatment
plant parcel boundary. Ponds - 20 feet from sewage treatment plant parcel
LANDSCAPED BUFFER REQUIREMENTS: Twenty (20) feet
landscaped buffer pursuant to the planting and opacity requirements of
Division 2.4 of the Land Development Code.
3. MAXIMUM HEIGHT: Thirty (30) feet.
III-3
OCT 1997
,.' [II ............ [ ........ IY ....... I ..................... [[[- ][[[~;
SECTION IV
COMMONS AREA PLAN
4.1
4.2
The pmlx~ of this S~ion is to s~ forth th~ development plan and development
sumdards for the area(s) designed as Tracis "0" sad "1'", Commons Area/Conservation
Area on the PUD Master Development Plan, Exlu'bit "A'. The primary function and
purpose of these Tracts will be to provide aesthetically pleasing open areas and
recreational facilities. Except in areas to be used for water impoundment and principal or
accessory use areas, all na~u'al trees and other vegetation ns practicable shall be protected
USES PERMITTED
No building or slnicture, or part thereof, shall be erected, altered or used, or land used,
in whole or in part, for other than the following:
A. Principal Uses:
1. Lakes
2. Open Spaces/Nature Preserves (Conservation Area)
Pedestrian and bicycle paths or other similar facilities constructed for
purposes of access to or passage through the commons areas.
Small docks, piers or other such facilities constructed for purposes of lake
recreation for residents of the project.
Tennis courts, shuffle board courts, swimming pools, and other types of
facilities intended for outdoor recreation.
6. Commercial Excavations
B. Accessory Uses:
~Clubhouse and other customary accessory uses for tennis facilities, or other
recreational facilities.
Small enclosures or other sUuctures constructed 'for pm'poses of
maintenance, s~orage, recreation or shelter with appropriate screening and
landscaping. F ~'~£qQfi~
/ I
[ OCT i"1997 [
4,3
4.4
DEVELOPMENT REGULATIONS
Overall site design shall be harmonious in terms of landscaping, enclosure of
structures, location of .access strcets and location and treatment of buffer areas.
Buildings shall be setback a minimum of thirty (30) feet abutting residential
districts and a landscaped and maintained buffer shall be provided.
Ce
There shall be no setback requirements for Tract "T" (tennis center) due to the
isolated nature of the tract. Structures shall comply with the SFWMD and ACOE
permits.
De
Lighting facilities shall be arranged in a manner which will protect roadways and
neighboring properties from direct glare or other interference.
A site development plan meeting all of the Development Regulations shall be
required in accordance with Section 2.5 of this PUD document.
F. MAXIMUM HEIGHT:
1. Principal Structure: 30 feet.
2. Accessory Structure: 30 feet.
G. MINIMUM OFF-STREET PARKING AND LOADING
No off-street parking is required for Tract "T" (tennis center). Access to the
facilities will be by pedestrian, bicycle or golf cart, all of which will utilize a
raised boardwalk for ingress-egress. No automobile traffic is anticipated.
OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stock piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted. After
consideration of fill activities on those buildable portions of the project site there will be
a surplus of earthen material. Therefore, its off-site disposal is also hereby permitted
subject to the following conditions:
Ao
Commercial excavation activities shall comply with the definition of a
"commercial excavation" pursuant to Division 3.:5 of the Land Development Code.
A Commercial Excavation Permit pursuant to Division 3.5 of the Land
Development Code must be obtained.
B. All other provisions of said Division 3.5 are applicable.
IV-2
OCT 1997
5.1
5.:l
SECI'ION V
CONSERVATION/PRESERVE AREA PLAN
Conservation/Preserve Area. The purpose is to preserve and protect vegetation and
naturally ftm~oning habitat in their natural state.
USES PERMTFTED
No building or structure or pan thereof, shall be erected altered or used, or land used, in
whole or in part, for other than the following, subject ~o regional state and federal permits
A. Principal Uses:
I. Open Spaces/Nature Preserves.
2. Lakes as shown on the PUD master plan.
3. Small docks, piers or other such facilities constructed for purposes of lake
recreation for residents of the project, subject to appwpriat¢ approvals by
permitting agencies.
4. Boardwalks subject to appropriate approvals by permitting agencies.
5. Perimeter security fences or walls.
6. Native vegetation landscaping.
7. 'Permitted mitigation activities.
V-I
OCT 1997
6.1
6.2
6.4.
SECTION VI
DEVELOPMENT COMMITMENTS
PtrRt'OSg
The purpose of this Section is to set forth the development commitments for the
development of the project.
All facilities shall be constructed in strict accordance with Final Site Development Plans,
Final Subdivision Plans and all applicable State and local laws, codes, and regulations
applicable to this PUD. Except where specifically noted or stated otherwise, the standards
and specifications of the Land Development Code of Division 3.2 shall apply to this
project even if the land within the PUD is not to be platted. The developer, his successor
and assigns shall be responsible for the commitments outlined in this document.
The developer, his successor or assignee, shall agree to follow the Master Plan and the
regulations of the PUD as adopted, and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successor or assignee in title
is also subject to any commitments within this agreement.
PUD MASTt~R PLAN
Exhibit "A', PUD Master Plan, illustrates the proposed development and is conceptual in
nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not
be construed to be final and may be varied at any subsequent approval phase as may be
executed at the time of final platting or site development plan application. Subject to the
provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made
from time to time.
All necessary easements, dedications, or other instrumen~ shall be granted to insure the
continued operation and maintenance of all service utilities and all common areas in the
project.
SCHEDULE OF DEVELOPMENT/IVIONITORING REPORT AND SUNSET
PROVISION
]nfragructute: It is the developer's intent to construct the fh'st phase of
infrastructure for the single family lots within two (2) years from the date of
approval of the PUD Ordinance.
VI-I
OOT 1997
6.6°
Recreational Facilities: By the time building permits for 50% of the residential
units are issued, the developer agrees to have constructed the two (2) tennis courts
in the location shown on the PUD Master Development Plan. No facilities shall
be dedicated to Collier Cc,mt). Any additional recreational facilities, as may be
needed by the future residents of this project, shall be fi.reded through a system of
revenues collected by the Homeowner:s Association. The Homeowner's
Association By-Laws shall include a provision that the creation of a Capital
Improvement Fund is mandatorT, and every property owner in the development
shall become a member of the Homeowner's Association.
Monitorin~ Rel;x?rt: An annual monitoring report shall be submitted pursuant to
Section 2.7.3.6 of the Collier County Land Development Code.
Sunset provisions: All PUD's shall be subject to the Sunset Provisions of Section
2.7.3.4 of the Land Development Code.
VARIANCE AND EXCEPTIONS TO SUBDMSION REGULATIONS
Variances and exceptions to Division 3.3 of the Land Development Code shall be made
part of a concurrent application for Preliminary Subdivision Plat approval.
TRANSPORTA~ON
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
Access from CR 951 shall be consistent with the County's Access Management
Policy, Resolution 92-422, as amended.
Turn lanes in accordance with Ordinance 93-64, as amended, shall be required as
a component of the construction plan/final plat approval for the first development
phase..They must be completed prior to preliminary acceptance of the Phase One
subdivision improvements.
Nothing in any zoning approval shall operate to vest any right to a median
opening in this project.
The developer shall be responsible for the installation of arterial level street
lighting at all project entrance as a component of the consl~ction plarfffinal plat
approval for the first development phase. They must be completed prior to
preliminary acceptance of the Phase One subdivision improvements.
VI-2
0 1' 1997
Subs~aatlal competent evidence shall be provided by the developer to the effect
that the project is designed to provide capacity and treatment for historical
roadway runoff. In additioa, site drainage shall not be permi~ to discharge
directly into any roadway drainage system.
Road Impact Fees shall be paid in acc, or, ce with Ordinance 92-22, as amended,
and shall be paid at the time building permits are issued unless otherwise approved
by the Board of County Commissioners.
Road improvements required for this project, both site specific and system
capacity, shall be in place prior to the issuance of any Certificates of Occupancy
for the development.
Compensating Right-of-Way for turn lanes and median areas shall be dedicated by
the developer to reimburse the Couaty for the use of existing Right-of-Way at the
time said turn lanes are required by Collier County. Such dedication shall be
considered site related and there shall be no road impa~ fee credit to the
developer.
6.7. WATER MANAGEMENT
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
A. The SFWMD ERP Permit for the project.
B. The ACOE Dredge-Fill Permit for the project.
An excavation permit will be required for the proposed lakes in accordance with
Division 3.5 of the Collier County Land Development Code and the SFWMD
rules.
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
Water distribution, sewage collection and transmission and interim water and/or
sewage treatment facilities to serve the project are to be designed, constructed,
conveyed, owned and maintained in accordance with Collier County Ordinance
No. 97-17, as amended, and other applicable County rules and regulations.
VI-3
OCT 1997'
Water Facilities Looping and Stubs:
The on-site water distribution system to serve the project must lac corme~a~! to the
district's water main on CR.951 consistent with the main sizing req~ent$
specified in the County's Water Master Plan and extended throughout tl~ project
During design of these facilities, the following rearm'es ahali lac il~qxrtat~ into
the distribution system:
Dead-end mains shall be eliminated by looping the internal pipeline
network.
Stubs for furore system interconnection with adjacent properties shall be
provided to the property lines of the project, or the limit of jurisdictional
wetlands, at locations to be mutually agreed to by the Cotmty and the
developer during the design phase of the projecL
Connection to the County Central Sewer System or a Master Pump Station:
The utility construction documents for the project's sewerage system shall be
prepared so that all sewage flowing to the County's master pump station is
transmitted by one (1) main on-site pump station. Due to the design and
configuration of the master pump station, flow by gravity into the gat. ion will not
be possible. The developer's engineer shall meet with County staff prior to
commencing preparation of construction drawings, so that all aspects of the
sewerage system design can be coordinated with the County's sewer mater plan.
Off-site Utilities Improvements:
Water - The existing off-site water facilities of the district must be
evaluated for hydraulic capacity to serve this project and reinforced as
required, if necessary, consistent with the County's water master plan to
insure that the district's water system can hydraulically provide a sufficient
quantity of water to meet the anticipated demands of the project and the
district's existing committed capacity.
Sewer - The existing off-site sewage transmission faailities of the district
must be evaluated for hydraulic capacity to serve this project and improved
as required outside the project's boundary to provide adequate capacity to
uanspon the additional wastewater generated without adverse impact to the
existing transmission facilities.
VI-4
001'- 1997
6.9. ENGIA"EER~ G
6.10.
The dcvc!c?mcnt of this PUD Master Plan shall be subject to and governed by the
following conditions:
Cr~¢d slopes of 3H:IV may be used for berm heights to 4 f~-'t throughout the
pro~ct ba.~ed on the co--on plans approved m p~ ofth~ SFWMD ERP md
ACOE Dredge-Fill Permits. Berms grea~'r that 4 fe~'t in height ~ us~ slopes
no ~eater than 4H:IV.
Ce
Th.,: typical road cross-section as dtfined in Exhibit "C" shall be used throughout
thc project. The road section may v~y to allow tl~ ~r~v¢l In,th to meander inside
of the right-of-way.
Work within Collier County right-of-way shall meet the req~ents of Collier
County Right-of-Way Ordinance No. 93-64.
ENVIRON~IENTAL
The devclopment of ds PUD Master Plan shall be subjec~ to and governed by the
following conditions:
A. Permits or letters of ~emption from the U.S. Army Corps of Engineers (ACOE)
and the South Florida Water Management Dislri~ (SFWMD) ~udl be presen~
prior to f'mal plat/com'Iruction plan approval.
B. Environmental permi~g $}udi be in accordan~ with the State of Florida
Environmental Resource Permit Rules and be subject to review and approval by
Curren! Planning EnvLronmental Review Staff. Removal of erotic vegetation shall
no! be countcd towards mitigation for impacts to Collier County jurisdictional
wetlands.
All conservation areas shall be designated as conservafion/~on tracts or
easements on all construction plans and shall be r~xded on the plat with
protective covenants lx'r or similar to Section 704.06 of th~ Florida Stanaes.
In the ~vent this proje~ do~ z~ r~quir~ pl~ing, all ~on ~ ~ be
recorded as comen~on/pr~serv~on u~-ts or ~ d~dic~u~ ~o m ~plxoved
entity or to Collier County with no n~ponsibility for ~ lad subject to
the uses mad limi'.afiona similar to or ~$ per Florida Statut~ Section 704.06.
6.11.
6.12.
6.13.
Fe
Buff~:~ ,' i % ?m~dded around wetlanch, cxtendlng at lea~ fifteen (If) feei
l~d.,,:~ . '&e edge of wetland preserv~ in all places and averaging twenty-
five (2~) ;:c-: i?om the landward edge of wetlands. Wher~ natural buffer~ are
I~SSi~ '.' ' :',~.~:~I buffers shall be provided in accordance with the State of
Florid:: : ',~'~ente3 Resource Permit Rules and be subject to review ~
apprev:'.i '." C:u~.ent Planning Environmental Staff.
An e×c:i,: ',~: 2,:~t;on removal, monitoring, and maintenance (exotic free) plan for
the si~-~. '.,'!:',~ emphasis on the conservation/preservation areas, shall be submitted
to Curre,-,~ ?l,~maint Environmental SudT for review and approval prior to final site
plar~'c,~v:':~:::on plan approval.
Petitio~,c.- :',",::Il comply with the guidelines and recommendations ofth~ U.S. Fish
and W:: i:'_- Service (USI:'WS) -.~d Florida Crame and Fresh Water Fish
Comn'~ssion LTGFWFC} regarding potential impacts to protected wildlife q:~'ies.
Where protected species are observed on site, a Habitat Man~ement Plan for
those protected species shall be sul:nnitted to Ctm'ent Platmin~ £nvitomnental Staff
for review and approval prior to f'mal site plan/consm.tcfion plan.
ACCESSORY STRUCTURES
Accessory structures shall be constructed ~nultaneously with or following the
construction of ~!:: principal structure except for a construction site office and model
SIGNS
All signs shall be in accordance with Division 2.5 of the Land Development Code.
LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with the Division 2.4
of the Collier County Land Development Code in effect at the time of building permit
application.
VI-6
OCT 1997
O~ZZ
I
I
I
I
!
/
OCT
'M'O'~
OCT.T. ii,,1991
o ~
EXECUTIVE SUMMARY
RECOMMENDATION TO CREATE THE RADIO ROAD BEAUTIFICA~ON ADVISORY
COMMITTEE; PROVIDING FOR APPOINTMENT AND COMPOSITION; SETTING FORTH
TERMS OF OFFICE; PROVIDING FOR REMOV~ FROM OFFICE; FAILURE TO ATI'END
MEETINGS; PROVIDING FOR OFFICERS, QUORUM, RULES OF PROCEDURE;
PROVIDING FOR REIMBURSEMENT OF EXPENSES; SETTING FORTH THE FUNCTIONS;
POWERS AND DLrrIES OF THE COMMITTEE; SETTING FORTH THE DUTIES OF THE
COUNTY ADMINISTRATOR OR HIS DESIGNEE; PROVIDINO A REVIEW PROCESS;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
O.l~f.,.~: To gain Board of County Commissioner's approval to create the Radio Road
Beautification Advisory Committee.
CONSIDERATIONS: On December 17, 1996, Agenda Item g(BX3), the Board discussed and
approved an Emergency Ordinance g96-g4, creating the Radio Road Beautification M.S.T.U.
On May 20, 1997, Public Works Staff presented a report on the results of the Radio Road
Beautification M.S.T.U. Survey. During Staff's presentation, the Board requested Staff to include
within the M.S.T.U. Ordinance #96-84 an Advisory Committee Section with authority in conducting
the business affairs of the M.S.T.U. however, the County Attorney's Staff recommended that a
separate ordinance be prepared specifically addressing the functions of the Radio Beautification
Advisory Committee.
On July 31, 1997, Agenda Item 16(B)(3), the Board approved advertisement of an Ordinance
creating the Radio Road Beautification Advisory Committee.
~"I$CAL IMPACT: County Support Staff from Landscape Services required to perform the on
going monthly Fund Management, Contract Administration and interaction with the Radio Road
Beautification Advisory Committee is estimated to be approximately 48 man-hours per month or
0.25 additional F.T.E. hours.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners create the Radio ROad
Beautification Advisory Committee. Upon conclusion of the public hearing, approve the ordinance
creating the Radio Road Beautification Advisory Committee and authorize it's execution by the
Board's Chairman.
OCT
Executive Summary
l~qdio Ro3~d Advisory. Ord.
Sept. 10,1997
Page 2
PRISPARED BY.
David F. Bobanick, ~
REVIE~ BY~
:2
4
6
7
!
9
10
II
12
13
14
16
1'7
19
ORD~C~ NO. 9'~- ,
AN ORDII~CE CRF~TXNG THE BADIO ROAD
BEAUTIFXCATION ADVISORY CO~4MITTEE; PROVIDING
~ APPOINTMENT AND CC~POSITION; SETTIN~ FORTH
~a~ TEI~S OF Oi~'XC~; PIu~XDIN~ FOR ~E~VAL
FRO~ OFFICE, FAXLURE ~O ATTEND ~ETINGS
PROVIDING FO~ OFFXC~, (~ORUM, RULES OF
EXPENSES; SETTING FO~T~ T~E FUNCTIONS, POWERS
AND DUTIES OF T~E C~4MITTEE; SETTING FORT~
DUTIES OF T~ COUNTX ADMINISTRATOR OR HXS
DESIGNEE; PJ%OVIDING FOR REVIEW PROCESS;
PROVIDIN~ FOR INCLUSION IN CODE OF LAWS AND
OJ~DINANCES; AND PROVIDING AN y-~gCTIVE DATE.
21 WHEREAS, Collier County Ordinance No. 86-41, as amended,
22 sets forth the requirements for creating County Advisory Boards;
23 and
24 WHEREAS, Collier County Ordinance No. 96-84 created the
2~ Radio Road Beautification Municipal Service Taxing Unit in
26 Collier County, Florida; and
27 WHEREAS, the Board of County Commissioners desires to
28 establish an advisory committee to advise the Board of County
29 Commissioners on matters pertaining to the Radio Road
30 Beautification Municipal Service Taxing Unit (MSTU).
31 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
32 COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
~ SECTION ONE. Creation of the Rad/o Road Beautification
3~ Advi I oz~ Committee.
37 There is hereby crea%ed and established the Radio Road
38 Beautification Advisory Committee, hereinafter referred to as
39 the "Committee".
~0 SECTION TWO. Appointment an4 Co~m~sition.
41 A. The Committee shall consist of five (5) meanders which
42 generally represen% the area within the Rad:o Road Beautification
43 Municipal Service Taxing Unit as said MSTU is described in
44 Collier County Ordinance No. 96-84.
B. Members of the Con~'nittee shall be appointed by and serve
at the pleesure o! the Board of County Commissioners. Said
members shall be permanent residents within the NSTO and electors
of Collier County. ?he Board shall consider appointment of
members from different subdivisions or communities within the
MSTO.
C. Appointment of members to the Committee shall be by
resolution of the Board of County Commissioners, which resolution
shall set forth the date of appointment and the tez3n of office.
· he ~n~aZ ~eFms o~ o~ce o~ ~he ¢o~ee shaZ~ be as
follows:
A. Two (2) members shall be appointed for a te~ of ~wo
years.
B. Two {2} members shall be appointed foz a ~e~ of ~hree
(3) years.
C. One (1) member shall be appointed for a te~ of (41
years.
Thereafter, each appointment or reappointmen: shall be for a
te~ o~ ~out {4)
Appointments to ~2~ any vacancies on the Co~tttee shall be
fo: the :ema~ndet o~ the unexpired te~ o~ o~ce.
A. Any me.er of ~e Co~l~ee may be removed fr~
wi~h or without cause b~ a majority vote of ~he Board of County
C~tsstoners.
B. If any member off ~he Co~ittee fails ~o a~end two
consecu~ive C~itlee meetings without a satisfactory excuse or
if a member ia absen~ fo~ more 'than one-halff of ~he
meetings in a given fiscal year,
-2.
I the meter's seat to be declared vacant and if approved, the
2 vacancy shall be filled by the Board of Co~ty Commissioners.
3 C. ~n the event of a vacancy under this Section or by
4 reason of the expiration of a term, then a new member will be
~ appointed by the Board of County Commissioners after
I A. At its earlies~ oppor~unit~, ~he m~ersh~p of the
9 C~i~=ee shall elect ~ chai~n a~d v~ce chai~an fr~ among
I0 ~e~ers. 9fflce&s~ ~e~s shall be for one (1) year, with
Il el~gibili~y for re-elec~on.
12 B. The presence of three (3) or more members shall
~] constitute a quorum of =be Co~i=~ee ~ecessary =o ~ake ac=ion and
14 transact business.
l~ C. The Committee shall, by majority vote of the entire
16 me~bership, adopt rules of procedure for the transaction of
17 business and shall keep a written r~cord of meetings,
1S resolutions, (indings and determinations. Copies of
19 Committee minutes, resolutions, reports, and exhibits shall be
20 submitted to the Board of County Commissioner~.
22 Hembers of the Committee shall serve without compensation,
23 but shall be entitled to receive reimbursement for expenses
24 reasonably incurred in the performance of their duties upon prior
~ approval of the Board of County Com~issioners.
The functions, powers and du~es of ~be Co~i~ee shall be
2! as follows:
29 A. To aid and assist the :Board of County Commissioners in
~ carrying out the purposes of prov~ding curbing, watering
facilities, plantings and maintenance of the median areas as met
forth in Collier County Ordinance No. 96-84.
B. To prepare and recommend to the Board of County
Commissioners an itemized budget of the amount of money required
to carry out the business of the Municipal Service Taxing Unit
for the next fiscal year. In carrying out this responsibility,
the Committee shall, no later than April 1" of each year,.meet
with the County Administrator or his designee and outline to the
County Administrator or his designee those pr3~ects which the
Committee wishes to see accomplished during the next fiscal year.
Based upon this information, the County Administrator or his
designee ~hall prepare a proposed budget for the Municipal
Service Taxing Unit, in accordance with the standard County
guidelines regarding the preparation of bu.Jgets. This proposed
budget shall then be reviewed by the Commit=ce and upon approval
by the Committee be transmitted through the County Administrator
or his designee =o the Board of County Commissioners for adoption
]8in accordance with the procedures for the adoption of budgets set
19forth under general law and the Board of County Commissioners'
20 policy. Shoulo the Committee fail to approve a budget by June
1.~ of each year, the County Administrator or his designee shall
be authorized to submit a proposed budget to the Board of County
Commissioners.
C. The Committee shall recommend work programs and
priorities to the County Administrator or his designee in
aocordance with the adopted budget or budget amendments which may
be adopted by the Board of County Commissioners. The execution
of work programs shall be under the direct supervision and
I
~ responsibility of the County Ad~inistrator or his designee. Said
. 4-
work may be pa=formed under contract (in ac:co=dance with law) or
by County forces.
D. The Committee may adopt and amend "Guidelines" to govern
its operation and the operation of the Nunicip~l Service Taxing
Unit, aub~ec~ So approval by she Board of County Commissioners.
SZC~XO~IZXGII~. D~ties o£ the Coun~-~t~'-(~i°trat°= o~ hi~
~si~ee,
The duties ~ ~he County A~iflis~a~oz o~ his designee
!
9
10
II
12
13
14
16
1'~
IS
19
20
21
22
23
24
26
27
2<)
31
32
be:
A. To administer she activities of the Municipal Services
Taxing Unit in acco=dance with established polices of the Board
of County Commissioners and guidelines adopted by the Committee.
B. To prepare the annual budget in accordance with Section
Seven, Paragraph B, above.
C. To provide periodic written reports to the Committee,
the County Adm£nist=ato= or his designee and the Board of County
Commissioners of the activities of the Municipal Se=vice Taxing
~nit and its [;nantes in acco=dance with established guidelines
of ~he Board of County Commissioners or the Committee.
D. A~end all Committee meetings.
S~TXO~ N~. ~eview P~oceas.
This Committee shall be reviewed once every four (4) years
commencing in _ _, 2001, in accordance with the procedures
contained in Colliez County Ordinance Mo. 86-41, as amended~ o~
its successor ordinance.
S~TXON T~I. Co~£1ic~ and Seve~a33£li~q~·
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable la~, the more
~estrictive shall apply. If !any phrase o= portion of this
Ordinance is held invalid or unconstitutional by any court of
I distinct and independent provision and such holding shall not
2 affect the validity o! the rematntn9 portion.
3 ~CTIOH~'LL'V~. Inclusion In The Cod~O~ ~aws ~d Ordtnmn~m.
4 The provisions of ~his Ordinance shall b~come and be made a
~ par~ of =he Code of Laws and Ordinances of Collie= Coun=y, rlozida.
6 The sections of ~he Ordinances may be zenu~ered or rele~=ered ~o
7 acco~plish such, and ~he word 'ordinance" may be changed
$ "sec~ion", "ar~icle", or any other appropria~e word.
~ ~I~ ~L~. lffoctive Dato.
I0 This Ordinance shall bec~e effective upon fllin~ ~ith the
Il Secretary of
Il PASSED AND DULY A~PTED by the Board of County Co~i~sioners
13 of Collier County, Florida this _ _, day of 1997.
14
15
16
19
2O
21
22
23
:14
2~
27
~9
3O
31
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COftIIISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
r~pproved as to form and
legal sufficiency:
~fdi F. '~sh[on
Assistsnt County Attorney
TIMOTHY L. BANCOCK, Chairman
. 6-
EXECUTIVE SUMMARY
PETITION AV 97-015 TO VACATE, RENOUNCE AND DISCLAIM THE COUNTY'S AND
THE PUBLIC'S RIGHTS AND INTERESTS IN ALL OF WATERWAY DRIVE AND TO
VACATE, RENOL~CE AND DISCLAIM THE COUNTY'S AND THE PUBLIC'S RIGHTS
AND INTERESTS IN THE 20' WIDE DRAINAGE EASEMENT B~ LOTS I AND 2
AND TO VACATE, RENOUNCE AND DISCLAIM THE COUNTY'S AND TIlE PUBLIC'S
RIGHTS AND INTERESTS IN THE 20' WIDE DPOd'IqAGE EASEMENT BETWEEN LOTS 6
AND 7, ACCORDING TO THE PLAT OF "A REPLAT OF TRACT 'L' MARCO BEACH UNIT
SIX " AS RECORDED IN PLAT BOOK 12, PAGES 55 AND 56, PUBLIC RECORDS OF
COLLIER COLIN'IT, FLORIDA.
~: To adopt the Resolution to vacate the above described road and drainage easements
so that the Petitioners may develop a condominium project on the site.
CONSIDERATIONS: Petition AV 97-015 has been received from David C. Sneed of Kuhlman
Engineering, Inc., as agent for the owners (Waterway Pointe, L.C., Salgin, Inc. and Marco Island
Area Board of Realtors, Inc.) requesting the vacation of the above described road and easements as
shown on the plat of"A Replat of Tract 'L' Marco Beach Unit Six." Letters of no objeaion have
been received from all pertinent utility providers and user agencies. David C. Sneed, agent for
the owners, stated that utility easements within the proposed development will be provided to
accommodate all utility providers. The Transportation Department has reviewed the Petition
and has no objection. Zoning is RMF 12-6 and C-I. A public benefit would be derived by not
having to maintain the roadway and drainage easements.
FISCAL IMPACT: The County collects SI,000 Pa~Itlon to Vacate Fee In 1'he Road and Brld~e Fund-
Administration (I01-163610). This f~ covees advertising, recc~dlng and oth~ processing costs.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners approve the Resolution
for Petition AV 97- 015 for the vacation of the above described road and easements and
authorize the execution of the Resolution by its Chairman and direct the Clerk to record a
certified copy of the Resolution and make appropriate marginal notes on the recorded plat of
"A Replat of Tract 'L' Marco Beach Unit Six."
PREPARED BY:
DATE: q. ~ 9'
REVIEWED BY:
' Rick ~Grigg, d S or
REVIEWED B .'~-~ '{'/If DATE:
3Y:
Ed llschner, Public Works Administrator
6
?
!
9
~0
RESOLUTION NO. 97- _
t6
l?
22
26
~2
~8
~0
,t2
RESOLUTION FOR PETITION AV 97.01~ TO VACATE, RENOUNCE
AND DISCLAIM THE COUNTY'S AND THE PUBLIC'S RIGttTS AND
INTERESTS IN ALL OF WATERWAY DRIVE AND TO VACATE.
RENOUNCE AND DISCLAIM THE COUNTY'S AND THE PUBLIC'S
RIGItTS AND IN'I EP~STS IN THE 20' WIDE DRAINAGE EASEMENT
BETWEEN LOTS ! AND 2 AND TO VACATE, RENOUNCE AND
DISCLAIM THE COUNTY'S AND THE PUBLIC'S RIGHTS AND
INTERESTS IN THE 20' WIDE DRAINAGE EASEMENT BETWEEN
LOTS 6 AND ?. ACCORDING TO THE PLAT OF "A REPLAT OF TRACT
'L' MARCO BEACH UNIT SIX "AS RECORDED IN PLAT BOOK 12.
PAGES 55 AND 56, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA,
WHEREAS, pursuant to Secfion~ 177.101. 336.09 and 336.10, Florida Statmes, Petition
AV 97-015 has been received from David C. Sneed of Kuhlm~n Engineering, Inc.. as agent fo~
Wat ,,y Po nte, L.C.,
questing the vacation of all of Waterway ~l~.'ve and 1o vacate the 20
!between Lots I and 2 and to vacate the 20 wide drainage easement Ix-twetn Lots
according to the plat of "A Replat of Trac~ 'L' Mazco B~ach Unit Six" as recorded in Plat
Book 12. Pages 55 and 56, Public Records of Collier County. Florida.
Wil£REAS, the Board has this day held a public hear]rig to consider vacating mid road
and easements as more fully described below, and notice of said public hearing to vacate yeas
given as required by law; and
WHEREAS. the granting of the vacation will not adversely affect the ownership or
fight of convenient access of other prope~y owners.
NOV,'. THEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that the County's and the Public's
rights and interests in the following be and is hereby renounced and disclaimed:
See Exhibit "A' auached hertto ~ incorpora~d herein
BE IT FURTHER RESOLVED. fi.at notice of the adoption of this Resolution by the
Board of County Commissioner~ shall be published one time, v.4thin 30 days following its
adoption, in one issue of a newspaper of genc~raJ circulation published in the count)'. Proof of
publication of thc notice of public h~ring, the Certified Resolution as aJopt~[ and the proof of
publication of the notice of 3doplion of such Resolution shall be recorded in the d~-d rc:ords of
thc county'. Thc Clerk is hcrcby dircctcd to make proper notations of this vacation on thc
recorded plal of "A REPLAT OF TP,.~CT 'L' MARCO BEACIt UNIT SIX ".
This resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTEST:
DWIGHT E. BROCK. Clerk
51
54
Approved as to form and
legal su~ciency5
Assistanl County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By:
TIMOTHY L. HANCOCK. Chairman
DESCRIPTION TO ACCO~ANY PETITION TO VACATE THE R~AD RIGHT-OF-VAY DF'
VATERVAY DRIVE (lO0 FEET V]~E), ACC~]~ TO A REPLAT ~ TRACT 'L~
~EAC~ ~T ~]~ A~ REC~E~ IN PLAT ~ 2~ PAGE2 ~5 A~ 5~ ~ T~
P~L]C REC~ ~ C~LL~ER C~NT~ FL~]~ ~E~ ~E PART]C~ARLY
C~E AT T~ N~T~RNH~T C~R ~ L~T ~ ~L~K ~R A REPLAT
~T 'L~ ~RCO ~EAC~ U~T 2I~ AS REC~D~ IN PLAT ~ I~ P~ES
~ ~, ~ THE PUBLIC REC~ ~ C~LIER C~ FL~
2~H ~9'39'44' EAST, ALD~ THE SOUTHVEST~RLY RIG~-~-VAY LI~
~ EAGLE DRIVE GOO FEET ~IDE), ~ I~.DO FEE~ TD T~ P~NT ~
~~ T~E CDNTIN~ SOUTH ~9'39'44' EAS~ AL~ SAID RIgHT-~-
VAY tI~ 2~.00 FEET, TD A POINT ~ C~P~ T~E AI.~ T~
~STERLY A~ N~T~RLY RIGHT-~-VAY*~ ~ VATERVAY DRIV~ T~
SEVEN FiLQ~ C~SES~
7~4 FEET AL~ T~ ARC ~ A C~VE C~VE TO T~ 2~ ~VI~
A RADI~ ~ 5~Dfl FEE~ T~D~H A CE~RAL A~E ~ 9~ T~
CH~D DF V~CH BEARS N~TH 74'39'44' VES~ F~ A C~D DISTA~E
~3~,68 FEET ALD~ THE ARC ~ A C~VE C~VE TQ T~ EAST
A RAD]~ ~ ]SD.~ fEE~ T~H A CENTRAL ~LE ~ 9D*~ T~
C~D DF VHICH BEARS S~TH I5'~16' VES~ F~ A C~D DISTA~E
~ ~I~.I3 FEED T~E S~TH ~9'3~'44' EAST F~ 3~.~ FEED
~35.&~ FEET ALD~ THE ARC ~ A C~VE CD~AVE TD T~ ~TH ~VI~
A RADI~ ~ I50.~ FEE[ T~H A CENTRAL A~LE ~ 9~ T~
C~D DF VHICH BEARS SOUTH 74'39'44' EASC F~ A C~D
DF ~I~.13 FEED T~E NORTH ~'~096' EAST F~ I8~ FEED T~E
7~54 FEET AL~G THE ARC ~ A C~VE C~VE TO T~ VEST ~VI~ A
RAD]~ DF 50.00 FEE~ THRQ~H A CENTRAL ~LE ~ 90'~'~ T~
CHORD DF VHICH BEARS NORTH I5'~9&' EAST F~ A C~D ~]STA~E
70.71 FEE~ TD THE SDUTHVEETERLY RIGHT-~-VAY LI~ ~ ~ALD E~LE
THENCE S~TH 29'39'44' EAST FOR 18~00 FEED T~E ~I. II FEET AL~
ARC ~ a C~VE C~CAVE TO T~ E~THVEET ~Vl~ A RADI~ ~ 95~ FEE[
THR~GH A CENTRAL ANGLE ~ 0I'I6'~4~ T~ C~D ~ V~CH ~EARE
29'01'32' EAST F~ A CH~D DIE TA~E DF ~I. II FEE~ TD A P~ ~ C~P~
THENCE ALONG T~ S~7HERL~ VE$TERLY A~ N~T~RLY RIGHT-~-VAY
~ VA TERVAY DRIVE THE SEVEN FQLLDVI~
79.65 FEET AL~6 T~ ARC DF A C~VE C~AVE TD T~ E~TH ~VI~ A
RADI~ ~ 50.00 FEET T~D~H A CE~RAL A~LE ~ ~I'I6'~4~ T~
~ VHICH ~EARS ~RTH 74'0I'3~' VE$~ F~ A C~D DICTATE ~ ~.49
FEED THENCE SOUTH 6O'~O]6' VEST F~ 184.7B FEED T~E ~.~
ALONG THE ARC ~ A C~VE CD~AVE TD T~ ~RTH ~VI~ A R~I~
~SO. OO FEET, THROUGH A CENTRAL A~LE ~ 90'~'~ T~ C~D ~ ~CH
~EARE N~TH 74'39'44' VEST, F~ A C~D DISTA~E ~ ~3~5 FEED
THENCE ~TH ~9'39'44' VEST F~ 358.00 FEED T~E 3~.70 FEET
ALD~ T~ ARC ~ A C~VE C~AVE TD T~ EAST T~H A CENTRAL
A~LE DF 9O'OO'OO~ T~ C~D ~ V~CH ~EARS ~TH I~'~6'
F~ A C~ DISTA~E OF 353.55 FEET/ T~E ~TH &~&' E~T FOR
IB~,OO FEED T~E 78,54 FEET ALD~ T~ ARC ~ A C~VE C~~
T~ VEST ~VI~ A RA~I~ DF 5~00 FEE~ T~H A CE~L A~LE
9O*OO'O~ T~ C~R~ ~ V~CH ~EAR~ ~TH 1~*~6' E~ F~ A
C~R~ DISTA~E DF 7~7I FEET, TO T~ P~NT ~
~ TRIG0 & ASSOCIATES, INC.
WaP{.,~, FLOR/DA ~1~
DATE : APRIL ;25, 1997
DRAWN BY: EDK SCN.E: N.T.S.
~,,-_..wT'"'r~-'~K,~ / % \
r~ ~ I~' 'l ~
/ " /- ~ ~
~1= / ~/
SKETCH OF DESCRIPTION
NOT A ~
~ ~GO & ~SOC~, ~C.
OR: 2143 PG: 1117
ATTACHMENT A
pETITION FORM FOR VACATION
ROAD RIGHTS-OF-WAYS
Date Received:
Address: 4'~m
Address: ~ ~7
~cation: Section
Legal Description:
Petition $:AV- 97-~t~
Telephone:~)4~z-'~C
Zip Code: 5b~3~
Ta 1 ephona: _ -;7 ~ -~,?4-
Zip Code: 34wm4-
Range
~lat ~oo~ l~ page(e) ~g~g~
Reason for Request: ~ ~ ~
I Hereby Authorize Agent Above to Represent Me for this Petition: Yes ~. No ~
~i~urm ~f petitioner Date
~rint Ngme (Title) )
Please see ,Policy and Procedurm of Vacation and Annulment" for the
list of supportive materials which must accompany this petition,
and deliver or mail to:
Transportation se~icms
Collier County Govmmment Complmx
Naples, FL 33962
Telmphone: (941) 774-S494
*(1) If a~plicant is a land tnst, indicate the name of
beneficiaries.
(2) If applicant ia a co~oration other than a public
co~oration, indicate the name of officers and major
stockholders ·
(3) If applicant is a partnership, Ilmitad partnership or o~ar
business entity, indicate the name of principals.
1 941 394 4]34 P.02
Petitioner: Sa l~_int InQ.
Address: c/0 Clau~en ProDerties. Inc., 601 Elkcam CirTalaphOna:
Clty/Sta~e:_Suite A-1. ~-~- any 49q Zip Coda:
Marco Island, FL 34'146
Address: 2647 ~v~ Rlu~ ' Tole;hone 774-5894
City/Stats: Naples, _FL ~l~ C~m~ :34194.
Road J(a~e: waterway Drive
Local:ion: - Saction 16 _ Township 5~.~ Range
5egal Description: See attachment - Plat
Plat Book 12 ~a~e'(.) ~5 & 56
Reaoon for ~a~uest: See attachment
Current Zoning: RMF 12-(6) Does %hie affect danaity?. Y
Hereby Authorize Agent Above to Represent Me for this Petition:
Yes × No __
Signature o~ Pe~i~ioner Date
%Kenneth D. Goodman ~ Assistant Secretary
Please ssa FOllCy and Procedure of Vacation and Annulment" for ~he
list of supportive materials which muat accompany this petition,
and deliver or mail to:,
Transportation Services
Collier County $~vernmant Complex
Naples, ~ 33962 :
Telephone: (~41) ?74-a494
~*(1)
(2)
(3)
(4)
** See attachment
Xf ai~licant iS a land ~---~t, indicate tb~ name of
bene~lciariea.
If applicant Il & cor~ration other than a ~ublic
co.oration, indi~te ~e ~ue of officers a~ major
X~ appll~nt Is a pa~ership, lizite~ par~ership or
~sinesa enmity, l~icata ~a n~ of
51at all other ~ers.
(2)
Applicant is SALGIN, INC., a Florida corporation
Officers'.
Nicole Ginic, l:)residem
Luis Valera, Secretary
Kcrmeth D. Goodman, Assistant Secretary
$ilvia de Ginic, Treasurer
Inmuebles Espinic C.A.
a Venezuelan corporation
(4)
Bo
Do
Ali owners:
SALGIN, INC., a Florida corporation
Qfficers:
Nicole Ginic, President
Luis Valera, Secretary
Kenneth D. Goodman, Assistant Secretary
Silvia de GinJc, Treasurer
ROPdE, INC., a Florida corporation
Officers:
Bjom Rehder, President
Theo Rosenqvist, Secretary/Treasurer
KAKI, INC., a Florida corporation
Officers:
Wolfgang Hartge, President
Erika Hartge, Secretary/Treasurer
Kenneth D. Goodman, Assistant Secretary
MEYVEN, INC., a Florida corporation
Officers:
Reinhold D. Meyer, Pres/Sec/Treas
Shareholdcr:
Inmuebles Espinic C.A.
a Venezuelan corporation
Shareholders:
Theo Rosenqvist
Sl~rcholders:
Wolfgang Hange
Erika Hartge
Reinhold D. Meyer
OCT 2 11
KELLV, PRICE, P, SIDOMO & SIKET
A~'Om~'EI'S A'r LAW
(;RE~ ()~ BUILDING
I~ ~L~C',IAN'A P~O~ ~I()N'AL PA~K
N~I,ES, Fl ~DA
77.15027:# 2/ 2
July 29, 1999
YTJk FA~$IMI~ MAIL 774-5027
Mr. David 8need
Coleman Engineering' Inc.
2647 David Blvd.
Naples, FL 34104
~e: $&l~ln, Inc./Nfcky, J.V.
PeciCion to Vacate
Dear Mr. Sneed:
Ae you )choy, ye ce~e~en~ Nick¥, J.V., a L?].orLd~ JoinL
VenCure. IC is my understanding Chat a Petition to Vacate has been
filed by Salgin, Inc. for the vacaCion of the read on Marco Island
called waterway Drive. The owner of
the majority of the land
couc~guous to Chis road il Nick"y, J.V. The P~tit~on Co Vacate was
executed by Salgin, Inc. because that corporate entity ~e a Venture
Partner in Nicky, J.V. and is designated in the relevant Joint
Venture A~reemen~ as the Managing Venture ~artner. Accordingly, it
il the correct entity to.file the Petition Co Vacahe.
Vez'~~ yours, .
e
OR: 2143 PG: 1117
ATTACH]CENT A
pETITION FORM FOR VACATI0~; OF
BOAP RIGHTS-OF-WAYS
City/State: ~-~ [ fh
~cation: S.ction ~ ~ Township ~ . Range ~
Current Zoning: Does this affect density? ~
I Her%by A~orize Agent Above to Represent Me for thi~ Petition:
Yes No
· Signature of Petitioner Date
Petition f:AV- ~?-O/'~
Telephone: ~4g-5'~/~
Zip Code: D~/~"
Telephone:
Zip Code:
Print Name (Title)
Please see "Policy and Procedure of Vacation and Annulment" for the
list of supportive materials which must accompany this petition,
and deliver or mail to:
Transportation Services
Collier County Government Complex
Naples, FL 33962
Telephone: (941) 774-8494
*(1) If a~plicant is a land trust, indicate the name of
beneficiaries.
(2) If applicant is a corporation other than a public
corporation, indicate the name of officers and major
etockholders.
(3) If applicant is a partner~hip, limited partnership or other
business entity, indicate the name of principals.
(4) List all other owners.
ATTACHM~:;T B
p~_ETXTIOH l~03M I:OR VACATION OF PLATS O~ PORTIO~
PLATS OF 5UBDTVIDEO LAt~ (EXCEPT ~OR VACATION OF
P~T AND SIMULTANEOUS REPOT]
· "7
Oats Received: Gr'- ~'.~-'- '
Petitioner(Owner): Waterway Pointe LLC
Address: 5970 M~rv~ ~¥ Ro6d
city/State: .]nhn~nn, ]n~a
Telephone: {~:~} 4~bL6~64
Zip Code: ~0~.3~
~.uhlman Enqlneerl~q, Inc., David Sneedalephone:T
Agent:
77~-5894
City/State: Naplesr P~0rx0a zip code: ~4%G~
Address of Subject Property:~0$. 218, ~ 230
Waterway Drive
city/state: Marco Island, Florida zip code: 34~45
X~cation: Section 15 Township ~? _ Range 26
~gal Description: Lot .t~3 Block 799 Unit 6
Su~ivision: Marco Beach
Plat Book ~2 Page(s) ~5 & ~6
Reason for Request: See Attachment
'C~rrent zoning: ~ Does this
affect density? r~o
I Hereby Authorize Agent Above to Represent Me for this
Petition:
~ign~2~re o~ Petitioner (Owner)
deff Manning
NO ~
x &.7,q?
Date
£o ~nage~
(Title)
Print Name
Please see "Policy and Procedure of Vacation and Annulment" for
the list of supportive materials which must accompany this
petition, and deliver or mail to:
Transportation Services
Collier County =overnment Complex
Naples, FL
Telephone: (941) 774-8494
*(1) If applicant is a land trust, indicate the name of
beneficiaries.
(2) If applicant is a corporation other than a public
corporation, indicate the name of officers and major
stockholders.
(3) If applicant is &partnerahip, limited partnership or
other business entity, indicate the name of principals.
(4) List all other
Principals:
Name litle
jeff Henntng Co_ Manager
Ewe Drescher Co. Manager
Page 4 of 4
SKETCH OF DESCRIPTION
EXH7£7 r 'A'
HARTLEY
WATERWAY
~LOCK
NOT A SUR~'>
Ex]sT. SEA~XALL
262. o4' (¢)
DESCRJPT]DN DF A 20 FDOT VIDE
DRAINAOE [AS'[MENT TO ~E VACATED,
A 20 FOOT VJ~E ~RAI~OE EASC~NT L
FEET EACH S]~ ~ T~ COMMON LI~ ~ETVEE~
LOT I AN~ LOT ~ ~L~K 799, ~RCD ~[ACH
UNIT 6, ~ ~[PLAT ~ TRACT 'L' ACC~I~
T~ PLAT RECEDED IN PLaT ~ l~
55 AND 5& , ~ T~ PUBLIC ~EC~E
J CDttlER CD~?T, FLORIDA, T~ ~ID[
SAID latEeN? ~V[ JEER LE~T~D
S~T[N[D 7D INTERSECT d]TH T~ R]~HT-DF-
dAY LINE ~ ~ATERvAY DRIVE AND T~
~RT~RLY LOT LI~S ~ SAID LOT 1
LOT ~,
WA TEP WA Y DP~ YE
OENERN. NOTES:
1./ ~l d.~tanc,, or, in feet o~t d~ct~l, ther,o¢.
~n~ O~ ~d on ~1 ~ ~ht-~-w~ fine of
· ~ TRIGO & ASSOCIATES, INC.
~2~3 TI~Dg CKNT~
N.,~:~I-I~, i~OR~A 34109
DATE : , Moy 28, 1997
DRAWN BY: _. EOK SCALE:
SHEET _.1_ OF 1.J_ FILE NO.
Attachment
ReJaon For Request:
1. Lot.q 1, 2 & 3; Block 799 are contiguous ownersl'dp. No ~'-ainage structures (Pipes, Catch
Buins, Sw~l~, etc.) arc located within the easement.
2. To comply with LDC Building Separation, a structure must be locatcd on thc cxlsting
;,:...1,! ....... t
jul-17-g7 01:04P Clau~en Propertie~, Inc.
1 941 394 4134 P.O1
kTTACh~ENT B
pLATS OF SUBDIVIDED ~A~{~ [EXCEPT ~OR VACATION OF
PLAT AND $IMULTANEOU~ REPEAT]
~akephona:
Teiephone:_~74-5'~;~-
Zip code:_ ~1o4-
Address of Sub~ect Property: ..
~tion: ~e~ion ~ ~ _.-[T6~ship ~ Range
~1 Des~iption: ~t ~ Block _?~ Unit
Plat Book /~ Pegs(s) ~
Ct~rrent Zoning: M F, Doss this
effect density? _.~Z% .
I Hereby Authoriz~ A~nt Abovs to Repr&sent ~e for thia
Petition:
Yes No __
Salgin, Inc. --
Si~ature of Petitioner (O~er) Date
Assistant Secretary
~ Kenneth D. GooCh
~rin ~St~ ~T (Title',
~laasa see "Policy and Procedure of Vacation and ~nu~nt" for
~e list of mup~ive ~tarial= which must acco=pany this
petition, and deliver or ~ail tot
Collier County Govmr~ant
Naples, ~ 33962
Telephone: {~41~
*(1) If a~ll~nt Is a land ~st, indicate ~a ~ of
(2) X~ a~li~n~ ~ a =o~ra~ion other ~an a
~ra~i~n, indicate ~e ~ ef offl~ and
It~oldars.
(4) LiSt all other
· , /
12' E, BN¢~ETE
SKETCH OF DESCRIPTION
iI'
I
I
I I
I /
/
I
I
I
I
I
I
.~ /
WA TER WA Y DRIVE
/
I
I I
i I
I I
I
/ /
DESCRIPTION OF A 20 FOOT vIDE
flRAINA6E EASEMENT TO ~E VACATED'
/~ 20 FOOT VIDE DRAINAGE EASE~NT LYING I0
FEET EACH SIDE DF THE COMMON LINE ~ETVEEN
LOT 6 AND LOT 7, ~LOCK 799, MARCO ,~EACH
UNIT 6, A REPL~T DF TRACT 'L~ ACCORDING TD
THE PLAT RECORDED IN PLAT ~D~ l~ PAOE5
55 AND 56 , DF T~ PUBLIC
COLLIER COUNTE FLORIDA THE SIDE LI~$ OF
$AID EASEMENT H~VE ~EEN LENGT~NED DR
EHORTENED TO INTEREECT WITH THE RIGHT-OF-
VA~ LINE OF vATERVAT DRIVE AND THE
VESTERL Y LOT L~E5 OF 5AID LOT 6 AND
LOT Z
5.89'3~'28'E. 43450'
NOT A SURVEY
GENERAL NOTES:
All uistonce$ are in feet and decimals thereof.
~l Bearin(~s ore based on the cerltedine of Woterewoy
Drive. Marco Beach Unit 6, o Replot o~ Trot 'L'.
P. B. 12, Pgs. 55 & 56, as ~;n~ 5. 2~39'44' E.
A. TRIGO & ASSOCIATES, INC.
PROt~;SSION~L LA.ND SURYZ¥ORS & p~N~
2223 ~E CE~R WAY
N~, ~DA 34109
DATE : 28, 1997
DRAWN BY:_ EDK SCALE:
SHEEr 1__. OF 1_ FILE NO.
97-0408.2 _
Attachment
The proposed developments, Villas at War,side and Waterway Pointe, are
designed along a common architectural theme. A waterfront gated
community with an interior lake, consisting of four unit town homes. The
design provides for internal traffic circulation within the development. In
order to facilitate building separation and desi~ amenities, it is necessary to
vacate the existing road right of way.
The vacation of the road and right of way will benefit both the development
residents and the county. By vacating the right of way, the residence of the
development can control the amount and type of lxaffic within the
community. Maintenance will be the responsibitits' of the owners, thus
relieving the count-y transportation department of this expense.
UJ
(8001
BOARD OF
COUNTY COMMISSIONERS
COLUER COUNTY
NAPLES, FLORIDA
RECEIVED FROM De Kz:~:z.&cZ~[~.& At.r~;t:'e~q
ADDRESS2645 Davis Blvd C~ Hap~es
DATE July i~.~_~CHECK NO 3404
DESCRIPTION ~e[t[toa AV 97-0[5
F1
INVOICE NO.
FUND COST CENTER O~g,~$ P~CLJ~CT CA
01 163610 329100 00000 x 1,000.0~
Terri Meyer
BY
CUSTO,,E. ¢O°'; 1 0 6 0 5 3
TI~ ln~tmn~nt Pr~p~ By:
l~n F. Ho~y, P.A.
4552 T~dnnd Trt,
Nttpt~ ~ J4112
Parcd I.D. Nufrd:n~,):'" S7S40120001
Orame~s) T~A I.D. #
i~]tr, pAIIATION ONLY F]ROM i~FORM. ATION FROVIDED BY CRANTOR AND
WITHOUT BENEFIT OF TITI.2E SEARCH OR OPINION
THIS WARRANTY DKY2D made th~ __~.,~_~y of~y, 1997, by John lt. Hoo~y
indivMually and aJ Trustee, ~t5.32 Tamlam! TH., £., Ste. ~01, NaiVes, Fla. 34112
I~er~na~er called tl~ Grantor, to Water~ay Pointe, LC--, A 171~rMa IJmlt~d LlabUliy
~ pc)wtofl~ nd~a4a ia: We I.~ast, LC.
C/O Jeff Honflln[
$170 Me~l~ l:fay Rd.
2.0. Box 3940
Johnlton, IA ~0131
To Hive sod 'Fo Ilo;d, tJ~ ~me i~ icc simple forc~cr.
sip~t, ~ & 6eu,,e~
tn our presenc*:
tome, c.'
oath.
OCT 2 I lS~/
,=. /$
Jomle B. C. re,~el/$ElbqY & GKEU~EL
1104 ?1. Collar B/pR
Ma~o blind. FL J41¢$
mM~ i; 577 I~h~Ik Ci~clt. I~. 103. N~i~, FI. 3~.1 ~ml ~ATER~AY POI~E, I.,C., A
Flnrldn I,Lmlted I.Lnb~lLty U~pnny, ~nr~y of the Secor~ ~nrt, Crantee, ~ose
nddrem~ La 5870 ~le 11ny Ro~d, P. O. Box 3940, Johl*zton, lA ~i3% "*
s~ ~. I~ ~crl~ II~reof l~ ~r~hy ~.mrledxed, ~ ~te~ ~o~ ~ ~ lo l~ ~
~1~ ~ I~ ~H~ted, ~t ~t'x I. ('oilier Cn~/y, Fb~hkL fo ~t:
~ ~ D~ ~, a g~l*( o(Tr~l "L' M~rco ~Kh Unil Six, ~din$ lo I~
I~ ~ in Pla~ B~k 12, ~Ses 55 a~ 56 o~ fl~ Publ~ R~d~ of ~11~
Grm~tm' wno'a~z thl~ h not hl~ home J/tod property nor L~ It coofiguom to Grantor
hwnestead: this i~ vocont Io~d.
Am/party nf t~ fl,'st parl do¢s In'rehy fidly veorrom tl~ ~wti~lded 1/26tb t. tere~rt In the title
the land and will defend the same against I~ l,*rf, I clairn~ nf oll person, t whon'u~v~r.
IN Wi'INF~S '11 IEREOF, ptrly of lira firs~ pen haJ I~'r~mto ~1 his I~1 and mi Ih~ date
above w~illen.
Tax I.D. No.
Grantee
Tax Folio No. 57540200009
Prepared without opinion by:
Ja~ee Karl & Assoc.-Attorneys
975 N. Collier, Marco Is., FL
THIS WARRANTY DEED, made the ~ day of May, 1997, by and b~twaen Frank
v. Colo~o, as co-Trustee--~Sr Harco.~eal~y Trust, a~d Ma=lo A.
Fortuue~o~ es co-Trustee for MarcO Real~y Trust, hereinafter
called Grantor, to waterway Points, L.C., a Florida Limited Liability
Company,, whose post office address is 5870 Merle Hay Road, P.O. Box
394, Jot~ston, IA 50131, hereinafter called Grantee.
WITNESSETH that Grantor, for and in consideration of tbs'sum of Ten
Dollars ($10.00) and other valuable considerations, recei~ whereof is
hereby acknowledged, hereby grants, bargains and sells to Grantee,
Grantee's successors and assigns forever, the following described-land
situate, lying and being in the County of Collier and State of Florida,
to-wit:
LOt ~, Block 799, of MARCO BEACH UNIT ~IX,
subdivision according to the Plm~-- thereof,
reoorded in Plmt Book 6~ ;a~e~ '47-54, of
· ubl~¢ Record~---~f Collt~r'County,
SUBJECT TO restrictions, reservations and e&sements common to the
subd~vision, if any, and taxes for 1997 and thereafter.
Trustee shall have the power and authori%y either to protect,
conserve and to sell, or to lease, or to encumber, or otherwise
manage and d~spose of the real property de~crib~d herein in
accordance w~th Section 689.071 of the Florida Statutes.
Grantor warrants that the real. property is not the homestead of
the grantor, do~s not adjoin the homestead of the grantor, and no
member of the Grantor's family resides therein.
AND Grantor fully warrants title to said land and will defend_the
same against the lawful claims of all persons whomsoever. ,~.22~d)~..)
~,"~ ~
IN WITNESS WHEREOF, Grantor has signed and sealed this document as
of the day and year above written.
Sig~md, amaled and delivered'
in the presence oft
---~Itness
rst Witness
Frank V. Colom ·
T=uet
Trustsg for Narco l~ealty '
Trust.
State of
County
! HEREBY CERTIFY that on this day, be[ore me, in the State
aforesaid and the County aforesaid, an officer duly'authorized to
take acknowledgments, personally appeared Frank V. Colombo, as
co-TL-~ste~ fez 14atto ~ealty Trust, who executed the foregoir:g
Na==a~y ~ed acknowledged before me that h~. executed the sam~e.
County last
WITNESS my hand and official seal in th~ State and'
aforesaid th~s ~_day o.f ~,~ , 1997.
.y co ission t p£re$.
(Seal)
-Produced Identifica=~on. I
~--~ o~ Identification Producedl Oi:]' ~ i ]0!
RTZFY that on this day, bmform me, £n the S~ate
! HEREBY CE ....... *~-r duZv euthor£zed to
aid and the County atormsa~ao a~ ~--~ - _ - -
take ackno
foEegolnq
the sane.
WITNESS my hand and .offtc_ial seal in the State and County last
afoEe~aid this _\_~ cmy o~ ~~ , 1997.
(Seal} ~.~ ~-~.
'"' ~rint, Type or S~amp Name of No~ar~:
r$onally known or '
· . ~ - Produced.. Identification.
'""' Type. of Identification Produced:
~ltll-28-g? 08:57A Clausen Properties, Inc. I 941 394
07/27/t? I1:S2 F~[ S~ 2 I1~ 0210 CI~TC ESPI~OS~
4134 P.04
i~O01
0?/25/9? 05:41 TX/']U[ N0.12~0 P.OO2
Tax ID Number: 575,~028~003
WAERANTY D_E,. D
PRICE., a~ Trustee, GRANTOR, and NICKY, l.¥.,
address is __ , GRANTEE.
WITNESSETH:
Thai said Crantor, for and in consideration of the sum often and No/100 Dollars
($i0,00), and other good and valuable consideration to said Grantor in hand paid by said
Grantee, the receipt whereof t~ hereby a~nowledsed, has 8ranted, bargained and sold to
the said Grantee, and Grantee's heirs and assisns forever, the followin8 described land,
situate, lying and being in Collier Count7, Florida, to-wit:
Lot 5, Block 799, of A REPLAT OF TRACT "L" MARCO BEACH UNIT SIX~
accordin8 to the Plat thereof, as recorded in Plat Book 12, Pages 55 and 56,
inclusive, Public Records of Collier County, Florida.
To~er with all the tenements, hereditaments and appurtenances thereto
belonsln~, or in anywise appertaining.
Subject to real estate taxes for 1997; zuning and use restrictions imposed by
governmental authority; restrictions and easements common to the subdivision; and
outstanding oil, gas and mineral interests of record, if any.
GRANTOR HEREBY WARRANTS THAT THE PROPERTY IS NOT HIS HOMESTEAD~
NOR THAT OF HIS SPOUSE, NOR THAT OF HIS CHILDREN, NOR IS iT
CONTIGUOUS THERETO.
And said Grantor does hereby fully warrant the title to said land, and will defend the same
against the lawful claims of all persons whomsoever.
**"Grantor" and "Grantee" are used for singular or
plural as context requires.
IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day
and year first above written.
I~..~cort J~fce, Tr~s
Printed Name: ~l ~
STATE Ot: FLORIDA
COUNTY OF COLLIER
I HEREBY CERTIFY th~ on this day be~c~e me, an officer duly qu??~:l Io ~e
~l~ts, ~alJy aphid R. ~O~ ~ICE, ~ T~I~, ~ g ~s ~ally
k~ )~ ~ ~ ~ ~o has ~u~ a drip's lic~ as ~lifi~tim and did n~ ~ke
m ~, a~ w~ ~ t~ [o~oinj in~t a~ ~1~8~ ~e ~ t~t t~
WllTNESS my hand and official se~l in the Coul~ty and State last afor~id lhi$/_~
I
My Coenmi~sion Ex~jre~:
(SEAL)
THIS INSTRUMENT PREPARED WITHOUT OPINION BY:
R. Scott Price, Esquire
Kelly,, Price, P~ulidorno & Siket
2640 Golden Gate Parkway, Suite 315
Na~le~, FIc~lcla 34105
(g41) 261-3453
08:56A Clausen Properties, Inc. 1 g41 394
4134 P.02 ·
Tax ID Numbe~: ~
_WARRA~NTY DEED
TXI$ INOENTUI~, made l~is c~a¥ o~ . 19.__~ ~t~eNa KAl(I,
INC., a ~ cml~r~lee, C, IC~NTO~"--~ NICKY, I.V., · ~ I<~et Vmtur~, whose
~ olr~.e addm,~ n · C~NTEE.
I~1 &, ~ ~lt, ~ A I~PLAT Oe T~CT 'L' ~ ~ UNIT fiX,
~ te I~e ~ Owing, M ~ 1~ ~ leak 13,
IN WTTNESS WHEREOf, Cra'~tor has he'a~o w IrJ'~c~'s hand K alal th~ (Jay
amd year fi~ Ibov~ w~itta~.
~%/ ~l q-Ot~
Warranty Deed
'rhb lndeatur~, ),(m~c
Nicky, ~.V.,
~h kt k (:~Am'cm ~,, ~ a ue,l,q,m,M ~ ~h m .,' ..............
......... ~ a ~/loo($~o.oo} .......... ~.
~C 7, Block 79~, of ~P~T OF ~ "L" OF ~ R~
~IT 8IX, a Su~ivilion al ~r pla% ch.reof recorded in Plat
B~k 12. Pag~ 55, of che ~blic Records of Collier County,
~JecC Co res~rictionJ, rel6~ationl and ealm~ntl of record,
if mny, and taxes s~le~mnC co 1996.
, grantm', ,sd
BJg~n Rohder . Presid*n~
STAT~ OF
COUNTY OF
B~orn ~mhder , ~rmsi~enC of Rorm, Inc.,
~ liS. ~ OCI..D~( (3A'TJ P~AY
l~ J~ 3~ ~H932
RECORDED
WARRANTY DEED
FI~ v~z,
or ~m amuse eptert/~m~mg.
~ ~ ~ TO ~O. the sa~
~f~ S~ to ~ce~r 32, lJ~l.
2 ~ ~ ~ ~ Z~, ~ 33937; ~f~ c~l~ ~
X~, ~ 331i*, h~l~fter c~led ~
~t, co~m~ ~ to ~ell, ~ ~ lease, ~ ~ ~x, O~ O~e~lae ~
~ ~ d~l~ Of ~e r~l pr~y delczi~
~ ~ Usi~ ~ f~ s~le, ~1 t~ ~ trace of 1~, of ~ch ~
awml~ ~ ~tm ~d
O~ ~ ~y~le ~ vl~ue of maid pr~lm~ ~o '~ ~ ~,
~ lief, p~tly on ~he ~ys ~s~tively t~ mm
~ ~e.
2. ~ pay ~1 ~d o~l~ ~ ~es, asmesm~tt, ~iem,
aisle, ~y at ~y ~ ~y ~ m~ vlt~ ~lv~ ~ aff~C~
~ ~ to for~lole or ~ right ~r~r; ~ ~ ~
~ge~, ~ ~m l~al ~mentmtlv~ or umi~, ~au~ of
~ f~lm on ~ ~ of ~ said ~~, i~ ~, ~
~8 ~ ~ ~~ ~ maid
~J~ rEM ~e a~ ~e ra~ of 18 ~r carlo.
cf said ~y, or ~ ~ ~.
6. ~ ~fO~, C~i~ ~, ~ ~M
7. Xi 4~ oi II~d l~ of ~ ~ ref~
fully ~d ~ ~ (30) ~
Zl[ ~ IIB:RBC~, thl said not=t~bgc~ has ha~unto se'~ its ~LUd and nell tim
day of o~lv , A.D.
m :tsla~i seLd CoGnt7 a~d itJ~e,
''-','IT ~.'J-
~~ ~ ~.~ ~.~ ~ .....
-..', '-.. '
. '.; ...: . . t ~ m ~ i ~~~n ' '
. . . '
· .,,,,.~...,.. ..... ,I I .,~
" ..... 'u"'" :L
. ,,-'-~-'~ ~ S.~6~ T5
· ~ ·
:,EgOOC.?S~Ol,.:,OOq~ OOr'JO93~.bSO OgO00O50OO rlOOaO
SE IJEV'r~ SlOE FOil FUra~ Ifll~A,~tlON TWl M.~ FOR TAX C~ECTOKS Of~ ~ OJT
;~"~,'., "~0"~ ~ ~2,,-:'cCI ~'. ;" 'lAn I ;~' TM ""/u., ,. ,,.
SL~ ! .r'VL~SE SIDE PO/t PbgKT~ER INTOAM%TION 11qS ~ FO~ TkX C01.LECTOR'S §~"F'lf~ :,~! ONLY
G','*" .' ~q 'i ~' 'Tt~ ~':"~"~:,~ ,; ' ,'.j ~;:.,r' ,~;,Ttl '/" L" ~ t" ~ ~ "" ' I ~T.'r ,'~, t' .~.,..,; :':' "'jan ~,l,,:J- A D
· , i=~i, · J.~
c · 5q'~l 69D. (J.
Cm, L.B I:OI.KT'Y t~ CGU~CI~
~O~KIl~OUSE CMmq~ · IJUIG C-1
.I
r..r2or~os?S~09~OOO~ 0000q.~2760 O0000CO000 OOgO0
.... ,
tAum~!
~O~C I~JC
~U~ER PL::E
~I~S ST PETE~
uEST
c~-,'~
CU'f L. C*.FLT{,;~ - T~%
Abutt~g C)w~ers Wjth;. 250 ft.
P.O. B~ 3940
k4m~oa. IA 50131
M~o ~ U~it 6 Tit L It~ BLK 799 LOT 1
Waterway Pointe, LC
5870 Merle Hay Road
P.O. Box 3940
Wam'way Points L C
P.O. Box 394
lohnston, lA ~0131
Marco Beach Unit 6 TR L BLK ~99 LOT 3
Walter M lr2t Do~n Iimd
3~ W 194 Pine Road
Sc Chades, Il 6O175
Unit 1 BLK 1 LOT 1
11102 SW llTtb Su'oet
Miami, Fl 33176
Unit 1 BIX 1 LOT 2
lohn N Stathalds
lohn N Stathak~ Tr.
2222 E C..inmhar
Phoenix, ~ ~
Unit 1 BLK 1 LOT 3
Rubem T~
Jill S Tar'no
1841 Foothill Drive
HuntlMtcm Vdley, PA 19006
Unit 1 BLK 1 LOT 4
Rubcra Tamo
Jill S Ttrno
IS41 Foothill Drtv~
Huflflnglon Vgley. PA Ig006
Unit 1 BI J: 1 LOT $
Agustin ¥ & Julia Rodrique~
4967 Pepper Circle 202
Naples, Fi 34113
Unit 1 BLK 1 LOT 6
Isaac Laniado Husny
Fuente De Las Aluilas
Mexico DF
Mexico C P $39~0
Unit I BLK 12 LOT $
ax-rt H.Voa,u. Jr.
Tea a E .VoaztrSh
225 Bald Eagle Drive
Marco Island, Fl 34145
Unit 1BLK 12 LOT 9
DacylK&SusanBKenning
6331MarshallRoad
Centerville, OH 45459
Unit l BLKI2LOTI0
Calixto $ Hemandez
643 38th Street
Union City, NS 07087
Unit 1BLK 12LOT 11
$oseph T Homing
14133 P~nt View Drive
Bowie, lv[D 20720
Unit 1 BLK 12 LOT 12
140 Waterway Drive
Marco Island, Fl 34145
Midisland Professional Center Tract I
Ronald H Stahnke Tr.
IFF 40 IK Pension Plan
104~ Castello Drive #201
Naples, F! 341O4
Midisland Professional Center Tract 2
Abutting Owners
Myron I. & Gaye A. T~oul
1240 Lake~hore Drive
Mmmha, WI 54952
Marco Beach Unit 6 BLK 249 Lot 38
Stephan Schmitt
256 Bald Eagle Drive
Marco Island, FL 34145
Marco Beach Unit 6 BLK 249 Lot 36 OR 1191 PG 1143
Stephan Schmitt
256 Bald Eagle Drive
Marco Island, FL 34145
Marco Beach Unit 6 BLK 249 LOt 37 OR 1191 PO 1143
NOE Corporation
P.O. Box 020010-M88
Miami, FL 33102
Marco Beach Unit 6 TR L Replat Now Tra~t B
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENT~).
SERVICES DIVISION
2800 N. HORSESHOE DRIVE
NAPLES, FL 34104
A ~ B£U~ CHIP C~~'
PLANNING SERVICES
February 23, 1997
Mr. David Sneed, Vice President
Kuhlman Engineering, Inc.
2647 Davis Boulevard
Naples, FL 33942
Re: Waterway Drive Closing
Dear Mr. Sneed:
This letter is in response to your request for a staff determination of
no objection to the right-of-way vacation of Waterway Drive as
referenced in your February 3ra letter. Please note that this staff
review is from a planning standpoint only. From the information
provided, it appears that the proposed vacation will not adversely
impact traffic circulation since the surrounding properties are under
one ownership (except for Tract 1). As a result, the Current Planning
Staff has no objection to the proposed roadway abandonment subject to
the provision of legal public access to Tract 1. This will require
vacating the road beyond Tract I or by providing some private agreement
for access.
Researched and-Prepared By;
Principal Planner
RVB/rb/VACATION LETTER
Reviewed By:
~o~6rt Mulhere, AICP
Current Planning Manager
Enclosure
cc: Robert Mulhere
Norma Boone
File
I. R COUNTY GOVERNMENT
pUBLIC WORKS DIVISION
February 7, 1997
Mr. David Sneed, Vice President
Kul~tman Ensinecrins, Inc.
2647 Davis Boul~ard
Naples, FL 34104
Re: Vacation of Right-of-Way of W~er W~7 Drive on Marco Island
3301 E. TAMIAMI TRAIL
NAPLES, FL 34112
(941) 732-2575
FAX (941) 752-2526
A C~KI'lH~ ~LU[ CHII~ COMMuNrrY
Dear Mr. Snecd:
This office has rcviewed your request to vacate the right-of-way of Water Wa), Drive on
Marco Island..
The Collier County Water-Sewer District has no facilities in the area and we, therefore, have
no objection to the vacation of the r/ght-of-way of Water Way Drive on Marco Island.
Should you have any further questio .ns, please feel free to contact me.
Sincerely,
Public Works Senior Ens/neering Technician
Fxlward N. Fi~, Public Works Operations Director
Tim Clernons, Wastewater Director
Russ Muller, Transportation Services
taxt ~I 7-0 t-~
II ,"~;111'1 Iq{h,I#
luly I, 199/
Marco LOad Ama A~-iafon of Reai~,
140 Wau:r~y Drive
biar~ Island, Flori~ 34145
Re: l~tirizn to Vacate Right-of-Way
De~ S~s:
I represent th~ owners of certain ~es located in Block ~ of tt~ Replax of Tr'~:t
'L" of Marco Beach Unit 6. I understand from Mr. Robert Clausen tl~t you have agree__a to join
in thc Pctitien to Vacat~ thc 100 foot platted right-of-way in Block 799 on thc stipulation that
the following conditions wiU be satisfied in the future:
Thc exisdag paved road within the platted right-of-way will remain arid be usabl~
by all propcr~ owners, ~ucat, invitoes, c~c. in perpehfity (to b¢ accomplished by
recorded ~t and/or covenant).
The paved entrance fr~m the planzd road to the ~ ~ of the Bmrd's lot
will be res~ a~ m~xizmt~ of co~s~, ax my climU', or their
~se consist~t with cts~ quality of ~hc existing surface of the platted
o
^tier vamtion, thc Board will have tis to tho fifty (50) f~t of vacated ~
which lies immedi~ly between th~ extension of its ~ propcny lines to thc
center of th~ platted road.
My dion,, or ~ a.tsisns, will be ~'ble to re~aair or ngd3ce, ii' necessary,
aL1 ]and.r~ping on the Board's 1~ which may bo damaged during
consma:tion of im~ents which damage was caused by my clients, dizo:Ily
or indirectly.
My climts, or their assigns, shall be rcflx:msiblc for all matn~ of tl~
portion of th~ paved plaumi road which li~ in front of th~ ' ...
i°c?
M~rco Island Arm Associ~ of Rczltors, Inc.
$~y t, 1997
P3~c 2
All existing drainagc f-~iiities, landscaping and entry features which az¢
adjacent to t~c pll~=l road and thc Board'l lot shall not be modified.
At such time as ~ l~latt~ ritht of way is vacated by ColUcr County, my client
~ ca,~ to be recorded in the Public ~ of Collier Coonty, a Declar~on
of Estab~t of R~strictions and Grants of Easements substantiztly in thc i~orm
Thc provisions contained he.in ~all be cnforce~lc by cithcr party by way of
injunctive relief or suit by sped~ performance.
If'you are in a~re~ment with the foregoing, please sign below whcrc intricate. O~ce you
agrcc, my clients wiJl commenco thc proccss and incur th~ expensc of ar. comp~g the Pct. ition
to Vacate and satisfying thc fcrm~oing conditions.
RSP/n]s
.~]y yours,
R. Scon Price
AOl~lCl~l~ TO ]BY:
Marco :Is1,~d ~ ~on of Reniu~, [nc.
Collier County Govt. Complex Bldg. - J
3301 Tamiami Trail East. Naples, FL 33962
Telephone (AC 941) 774-4434
February 20, 1997
Mr. David Sneed, Vice President
Kuhlman Engineering, Inc.
2647 Davis Blvd.
Naples, Florida 34104-4332
RE: Vacation of Easement:
Waterway Drive
Dear Mr. Sneed:
Staff has reviewed your request for a letter of 'No Objection" for
the above described project. The easements to be vacated, are as
described in your letter of February 3, 1997, listed above.
The Sheriff's Office reviews these requests to determine if the
granting of the vacation will have any foreseeable negative effect
on our ability to provide law enforcement services to the area.
These services include emergency response, patrol, and traffic
enforcement.
So long as the vacation, either now or in the future, does not
impinge on our ability to deliver these services, the Collier
County Sheriff's Office has 'No Objection" to the granting of your
request.
· If the agency c~n be of any further service, please advise.
~rcol~CountyI iF[ofrida
DH:GY: jhm
cc: File
February 12, 1997
Mr. David Sneed
Kuhlman Engineering, Inc
2647 Davis Blvd.
Naples, Florida 33942
RE: Vacation of Road Right'of Way, Waterway Drive, Marco Florida
Dear Mr. Sneed:
Lee County Electric Cooperative, Inc. (LCEC) has facilities located in the road right of
way of Waterway Drive. We have no objection to the proposed vacation provided the
owner agrees to grant LCEC an easement that covers the existing facilities.
Please call me at 800-282-1643, extension 109 if you have any questions.
Since
Right of Way
FO. BOx 3455 * Noflh Fort Myers, FL 33916-3455 * 9411995-2121 * FAX 9411995-7904
February 6, 1997
Continental Cablevision t
P.O. Box 413018 · 301 Tower Rd.
Naples, FL 34101-3018
Phone: (941) 793-9600 · Fax: (941) 793-1317
David Sneed
Kuhlman Engineering, Inc.
2647 Davis Boulevard
Naples, FL 34104-4332
Proposed Vacation of the Waterway Drive
Right-of-way, Marco Island,
Collier County, Florida
Dear Mr. Sneed:
Continental Cablevision of Southwest Florida has no objection with the proposed vacation
of the above referenced road right-of-way.
Sincerely,
stor M. Martin
/ Director of Engineering and Construction
NMM/jdr
February 10, 1997
Mr. David Sneed
Kuhlman Engineering, Inc.
2647 Davis Boulevard
Naples, FL. 33942
RE: Waterway Drive
Dear Mr. Sneed:
The Marco Island Fire Department has no objections to your companies
proposal to close off and rearrange Waterway Drive to conform to your
project as indicated on your site plan.
If you have any questions please feel free to contact me.
Sincerely,
Fire Marshal
--"WFIorida
lax: {40"/) $~-9116
(941) 774-~027
Ya~tlo. of~t f~x Watnn~ Ddv~, Watmvsy F~Int
Wat~. Servlc. Fede.~ Xdnx~.~on NunJ~et is ~4~672.
$incm*eJy,
February 14, 1997
Box
David Sneed, Vice President
Kuhlnan Engineering, Inc.
2647 Davis Boulevard
Naples, FL 34104
SEC 16, TWP 52S, RNG 26E
Vacation of Right-of-Way - Water Way Drive, Harco Island
Dear Hr. Sneed:
In response to your inquiry of February 3, 1997, regarding the
vacation of the subject dedicated right-of-way, this is to advise
that Sprint-Florida, Inc. will consider vacating said right-of-way
contingent upon the following conditions:
Re-dedication of suitable easements by the property owner,
at the direction of our Engineering Depert~ent, prior to
any construction within said property.
If we can provide additional information, please contact ne at
941-263-6207.
Sincerely,
George A. Adams
Network Engineer II - E&C
G,t~: tu
cc: Chron File
COLLIER COU,N ry GOVERNMENT
COMmUniTY DEVELOPME~r S£~VlCg,S Dw~s~oP ~SO0 NORTH HORSESHOE DRIV~
NAPLES. FL S~942
(941) 64~'8400
July 29, 1997
~IqG~G P~'VZ~W ~C~ZON
Mr. David Sneed
Kuhlman Engineering, Inc.
2647 Davis Boulevard
Naples, Florida 34104-4332
RE: Drainage Easement Vacation Request
Marco Beach, Unit 6, Block 799
Dear Mr. Sneed:
Engineering Review Services has reviewed your request zelattng to
a vacation of a twenty (20) foot drainage easement between Lots 1
& 2 and Lots 6 & 7 of the above referenced subdivision.
Engineering Review Services has no objection to the vacation of
the drainage easements as recorded in Plat Book 12, Page 56 of
the Public Records of Collier County subject to the following
stipulation:
Prior to the vacation of the subject drainage
easements, the SDP for the project shall be approved
with the stipulation that no Certificate of Occupancy
will be issued until the drainage easements are
vacated.
Please call me if you have any questions
information.
Sen or. ngineer -
cc: Russ Muller, Transportation ~Par~ment
Reading File
or need any additional
Kuhlman Engineering, Inc.
SMTD~$BO~t~D
]ul~ 16, 1997
Mr. John Boldt
Director of Storm W~ter IVhmg~
3301 T~r~mlli Trail Eut
Building H
N~ples~ FL 34112
la.e: Re.lue~ For Letter Of No Objection
Dear Mi'. Boldt:
Our ~ will be reque.~g Collier County vaca~ the drainage euemeal betwe~ Lou 1
~nd 2; Block 799; Unii 6; Marco Island. $~ ~
In order to comply with county policy sad procedur~ for fl~ v~ation m~d mmgm~ of
pl~t of subdivided land, our office is requesting I"l~ of no ~on" from yom' office.
Please mail your response to Kuhlmsn Engineering, Inc., 264? Davis Blvd., Naples,
FL 341044332. Or f~x to (941) 774-S027.
If you have any questions or comments pleue feel free to call me (941) 7'/4-5894.
Collier County Public Works
3301 Tsmismi Snil, Erst
Building H
lq~l. es, FL 34112
1~: Request For Letter Of No Objection
Dear Mr. Boldt:
Our firm will be requesting Collier County vacste the drsinage easement betw~ Lots 6
and 7; Block 799; Unit 6; Mtreo Island. See
plat of subdivided land, our office is requesting a"letter otno oojecuon '__f~. ~.omce-
Please mail your response to Kuhlman Englneednf~ Inc., 2647 Davis Blvd. Naptes,
FL 34104-4332. Or fix to (941) 774..~d}27.
Ii'you have any questions or comments please feel free to call me (941) 774-5894.
II
,.
II
Mr. John Bol~'
3301 Tamiami Tm'l, Fast
Buildi~H
Naples, FL 34112
Re: Request For Letter Of No Object/on .
;
Our firm will be requesting Collier County vacate the right ofway of Water Way Drive
on Mm'co Isl~n& See att~. hment
In orok-r to comply with county ~licy ~d proeedum for ¢losin~ and abandonment of
road ri~ht-of-way, our office is r~uesfing a"letIer of~ objection" 6'om ~ office.
Plmse mail you~ r~:x)nse to Iiahlmsu En~ineeria~, lac., 264'/Davis Bird. Naples,
1~ 34104-4332. Or fax to (941)
If you bare any questions or corn_ ments please feel free to call me (941) 774*5894
Sincerely / _
file ~
OCT 2 I lS. 7
P:. --~L _-- ,
~SCR,TPT,~ON ~ AN :TNGR£SS/£6R£SS Al~ LITITITY ~$~
T~ P~LIC R~C~$ ~ C~fi]KR C~ FL~ ~]~ ~K PARTI~Y
~E~RI~ED A$ F~LDV$~
C~E AT T~ ~T~RN~2T C~ ~ L~ Z ~K
TRACT 1~ ~ ~EAC~ ~T 2]~ AS REC~ ZN ~T
~ ~ ~ T~ P~L]C REC~2 ~ C~L]~ C~ ~L~ T~ 2~H
E~E ~]VE (2~ FEET V~E) ~ 2~ ~ TD ~E~CT V]TH T~
CE~ERL]~ ~ VA TERVAY ~VE ~ ~ A P~ ~ ~~
T~ A~ ~ A CURVE CD. AVE ~ T~ ;~~T ~ A
~,~ FEE~ T~H A CE~R~ ~E ~ ~6~4~ ~ C~ ~ ~H
~EAR2 2~H ~2'~ EAST F~ A C~ ~~ ~ ~ ~ ~ A
P~NT ~ C~ T~E AL~ T~ 2~RLY ~-~-VAY ~ VATERVAY
C~VE C~AVE TO T~ S~H ~ A R~ ~ ~_~ F~ T~ A
CE~RAL A~LE ~ ~2'J6'~4~ T~ C~ ~ ~H ~ ~TH 74~
F~ 284.~ FE~I T~E 49.~ ~ET ~ ~ ARC ~ A ~ C~AVE
TD T~ ~TH ~ A R~ ~ ~ ~ T~ A ~~ A~E
~ 2~7'04~ T~ C~ ~ V~H ~AR~ ~H ~4~ ~ST ~ A
C~ ;]2TA~E ~ 4~,~ FEE~ ~ ~CT ~H ~ ~T L~ ~ A
~ERL~ ~ VA TERVAY ;R]~ T~ V~H ~ ~~]~ T~ TVD
JE*O2'E9~ T~ C~ ~ V~CH ~EARS ~TH ~*~' ~ST ~ A C~
~ZSTA~E ~ 4].~0 FEET~ T~E ~TH 6~*~'~6' EAST F~
~'~.._.~
J)Eb~,RIPTIDN Dr AN II~RE$$/~'SS AI~ UTrrJ'TY EA~EHENT
~ A PDR77DN Dr VATERVAY J~.1VE ACCDR.~II~ TD A REPLAT DF' TRACT "L',
HARCO JEACI~ UNIT $I,~ AG RECDRDE.~ JN PLAT ~DDI( $~ PAGES 55 At~ 56,, Dr
THE ~ RECDRJ~$ Dr CDLLSER CDUNTY, FI..~RJ2),4, ,~E, TI~ NDRE PARTICULARLY
J)ESCRI.~E2I AS F'DLLDV~
CZTHHENCE AT THE NDRTHER~T CDRHER DF' LDT ,~ ,~LDCK 79~ A REPLAT Dr
TRACT %', HA/CCD .~EACI-; UNiT $,T~ A~ RECDRJ)E~ ,IN PLAT ~ l~ PAGES 55
AI~ 56, Dr TI.~ PI.~LIC RECDR~ DF' CDLL~ CDUNTY, F'LDeJ2~ THENCE SDUTH
E9'39'44" EAST, ALDM; THE SDUTHIV'ESTE*RLY R.~Cd,[r-Dr-VAY' i~NE Dr ~
EAGLE .DRIVE ¢]00 FEET ~J~) rDR 97g00 FEET, TD THE PDZNT DF' ,~EGTM~N~
THENCE C~NTINU~ SOUTH ~9'39'44" ~4ST ir'DR 30.00 ~1 THENCE ~
EO~6" VEST, ALZTM; THE C~NT£RL~HE Dr VATERVAY .~E~V~ £3~0 FEETs
THENCE C~NTSMSE ALDM; SAJ~ CENTERL]NE, 4~97 FEET ALDM; TI~ ARC Dr A
CURVE CD, CAVE T~7 THE NDRTH HAYSNG ~ RA~U~ Dr ~gO0 FEET, ~ A
CENTRAL AI~d.E DF' $~'0I'~9', TI~ CIO~ Dr VI'ECH J~.ARS SDUTH 66'E]'00'
VEST, F'DR A CI'[DR.~ .P]STANC£ Dr. 4~.90 F'EET~ THENCE M~TH ~0°30q3'' VEST,
AZ. DM; THE PRD~ECTI~V DF' THE VESTERLY L.rHE DF' A ~ FZTDT V2~£ I. t771..~TY
EASHENT, ~9,f FEETs THE~,E NORTH E0%~0'$6' £AST F'DR ~TE.~I F'~ TL7
THE PZTIHT DF' 3EG]NNIM;.
A. TRIGO & ASSOCIATF__.q, INC.
SKETCH OF DESCRIPTION
Chord-
,\ T,~eent- ]~
NOTA~
"\V'
.4. TR~GO & ASSOCIATES, INC.
~ ]II.0RI~A MlOe
~ 25.
DRAWN BY: ~ SC)J..[: N.T.S,
OCl 2 1
SKETCH OF DESCRIPTION
~l~oO,~.l ~q~.~ , 1) P.O.C. ~ Point of ~
A. 'TRIGO & ASSOCIAT]~, llqC. 0~T~: ~:~C ?~. ~gg7
i
P~q~E~ TO APPROVE THE F~ PLAT OF ":I.K~GB~ORI LAKE, UNIT
To approve the final plat of "Longshore Lake, Unit SD", a subdivision
of lands located in Section 20, Township 48 South, Range 26 E~st,
Collier County, Florida.
CONBIDERATZON ~
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of "Longshore
Lake Unit SD". These documents are in compliance with the County
Land Development Code and Florida State Statute No. 177. All fees
have been paid. It is the intent of the developer to construct the
improvements for this project prior to recording of the plat or to
furnish the required amount of approved security for recording
purposes at a later date. This procedure would be in conformance
with Division 3.2 of the Collier County Land Development Code.
Engineering Review Section recon~ends that the final plat of
· Longshore Lake, Unit SD" be approved with the stipulation that the
final plat not be recorded until the required improvements have been
constructed and accepted or until the approved security is received
to guarantee completion of the required improvements.
IMPACT
The project cost is $126,284.20 to be borne by the
developer.
The cost breakdown is as follows:
a) Water & Sewer
b) Drainage,
Paving & Grading
- $46,348.00
- $79,936.20
The County will realize revenues as follows:
und: (u3)
Agency: C6untyManager
Cost Center: 138900 - Development Services
Revenue generated b y this project:
Total: $2,750.00
Fees are based on a construction eettmat~
$126,284.20 and were paid in August, 199'
· OCT 1 19cj7
~xecutive Summary
Longshore Lake, Unit 5D
Page 2
The breakdown is as follows=
a) Plat Review Fee
b) Const~ction ~awing Review Fee
Sewer (.50% const, est.) - $ 231.74
Paving, Grading (.425% cons=, est.)- $ 339.73
c) Cons~c~ion Ins~c~on Fee
~ager
Sewer (1.5% const, ese.) - $ 695.22
Drainage,
~~ ~~ ~A~Paving~ & Grading (1.275% cons=, es=- $1019.19
The Concurrency Waiver and Release rela~ing ~o conditional
approval has been reviewed and approved ~ =he Co~y A~=o~ey's
Office for ~he project.
~C~ATION ~
That ~he Board of Cowry Co~issioners a~r~e =he fill plat of
"~ngshore Lake Uni~ 5D" with ~he fo11~ing s=ipula=~ons=
11 ~a= ~he final pla= no= ~ recorded ~il =he re~ired
i~rovemen~s have ~en cons=~c~ed ~d accepted or
approved security is received for the ~c~le~ed
t~rovemen~s and that cons~c=~on s~11 ~ co~le~ed within
36 months of the da~e of =his a~r~al.
2) Authorize ~he ~ai~ ~o ~e~=e =he a~ached Cons~c=~on
and Maintenance Agreement.
That no building permits be issued until the final plat is
recorded.
OOT I
.
Executive Summary
Page 3
pREPARED BY:
ineer
,:Engigee=ing ~eview
Date
I
" .. Rezone
· . : LON;$HORELAKE P.U.D.
: LOCATION MAi
Ne.
E:XHZ3~Z"r*. 3. 0CT21 1997
CONSTRUCTION AND MAINTENANCE AG~ FOR SUBDIVISION
IMPRO~S PRIOR TO RECORDING OF PLAT
CONSTKUCrlON AND MAINTENANCE
AGT.~EVmNT
SUBDMSION
IMPRO~S PRIOR. TO RECORDING OF PLAT.AGREI/MID~ e~tered into 'this
· da..)[, of '. .. Longshore loint Venture, s Florida
'" ' "~ 1~? ~~ L~
C~ Partnership, hereinafter re,f .c~. 'to"~ ga/ _"Devel~ ..and_.~, B_oard of County
Cor. mi=ion~ of Collier County, Florida, herelnsfler referred to ss me -~osm'-.
1. Developer has, simultaneously w~th ~e. delivery of this Agreement, spplied for
the approval by the Bo ard of a cer~__-!n plat °f a' subdivisuon to be know.:
Lonsshore Lake, Unit ~D
2. Division B.2 of the Collier County [end Devclop,~ent Code allows thc Developer
to construct the improvements required by sai~ subdivision regulations prior to recording thc
final plat
NOW, THEREFORE, in consideration of the foregoing premises and taurus1 covenmt/
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed roadways, drainage f~cilitics, water and
sewer facilities, light/nE and ~ignage, within 24 months fix,m the date of ~ of said
subdivision plat, said improvements hereinafter referred to as the required improvcments.
2. Developer herewith agrees to co~auct said impwvcmmts prior to recor~-g said
subdivision plat and the Board of County Cowm;ssloners shall not ~rove the plat for reco~ i,~g
until said improvements have been completed.
3. Upon completion of said improvements, the Developer shall tcnder h subdivision
performance security in the ~mount of $12,628.42 which represents ~en percent (liPA) of the to~l
contract cost to complete construction. Upon receipt of said subdivision perforn~ncc sec~ty by
of County
the Deve. lopment Services Director, the Developer ..may request the B.oa~
Cowmi~o~ to approve the subdivision phi for ~x~!,-g md grant preliminary ~proval of
said plat
W:%l 9f,6%,f,6~ ~,~ u-e~/0717.doc
OCT I~ 1 1997
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 Service~ Director for compliance
with the Collier County Land Development Code.
5. The Development S~vices Director shall, within dxty (60) day~ 'of receipt of the
statement of substantial completion, tither: a) not~fy the D~velop~ in writing of his preliminary
approval of the improvements; or b) notify the Develop~ in writing of his refusal to ~prove the
improvements, therewith specifying those condltion~ which the developer must fulfill in order to
obtain the Director's approval of the improvements. However, in no event shall the
Development Services Director refuse pr~llr~inary approval of the improvements if they are in
fact constructed and submitted for approval in ~ccordance with the requlr~nents 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 Dir~or. 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 inspe~ the improvements and, if found to be still in
compliance with the Collier County Land Development Code as reflected by final approval by
the Board, the Board shall release the ten percent (10%) 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. In the event the Developer shall fail or neglect to fulfill its obligation under this
Agreement, upon certification of such failure, the County At~rnlr~istrator may call upon the
subdivision performance security to secure ~tisfactory comple'~m, repair and maint~ce of
the required improvements. The Board shall have the right to construct and maintain, or cause to
be constructed or maintained, pursuant to public advertisement and receipt of acceptance of bids,
the improvements required herein. The Developer, ~ principal under the subdivision
performance security, shall be liable to pay and to indemnify the Board, upon completion of such
construction, the final total cost to the Board thereof, including, but not lhnited to, engineering,
legal and contingent costs, together with any d,rnages, either direct or consequential, which the
Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this
Agreement.
$. All of the terms, covenants and conditions herdn contained are and shall be
binding upon the Developer and the respective successor~ and assi?-~ of the Developer.
WAl 9 S 6~602~WTtL~.gun]luS~/07 ! ?.~oc
OCT 2 1997
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
executed by their duly authorized representatives this day of ,19 .
SIGNED, SEALED AND DELIVERED IN
THE PRES~ OF:
Primed Name Below
Witness #2
PHnted Name Below
Lonsshor~ Lake loint Venture ....
a Flor/da General Partnership ..
By:. Napleg Properties, In/:.'"
a Florida Corporation, as General Partner .....
By: - ' '
with full pofvcr and authority to bind the
partnerglip
4500 Executive Dr., #300, Naples, FL 34119
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIEK COUNTY, FLORIDA
Deputy Clerk
Approved as to form and legal sufficiency:
avia C. Weigel '
llicr County Attorney
By:
Timothy L. Hancock Chairman
~EQUEBT TO APPROVE THE FINAL PLAT OF "QUAIL WALK, PHA~E FO~IR'
TO approve the final plat of 'Quail Walk, Phase
of lands located in Section 20, Township 48
Collier County, Florida.
Four', a subdivision
South, Range 26 East,
CONSIDERATION:
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of 'Quail Walk,
Phase Four". These documents are in compliance with the County Land
Development Code and Florida State Statute No. 177. All fees have
been paid. It is the intent of the developer to construct the
improvements for this project prior to recording of the plat or to
furnish the required amount of approved security for recording
purposes at a later date. This procedure would be in conformance
with Division 3.2 of the Collier County Land Development Code.
Engineering Review Section recommends that the final plat of "Quial
Walk, Phase Four" be approved with the stipulation that the final
plat not be recorded until the required improvements have been
constructed and accepted or until the approved security is received
to guarantee completion of the required improvements.
F~CAL IMPACT
The project cost is $114,442.25 to be borne by the
developer.
The cost breakdown is as follows:
a) Water & Sewer
b) Drainage,
Paving & Grading
- $40,868.25
- $73,574.00
The County will realize revenues as follows:
Fund:Cn~ni~De~ln~u~(~3)
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $2,513.57
Fees are based on a construction estimate
$114,442.25 and were paid in August, 1997
Executive Summary
Quail Walk, Phase Four
Page 2
The breakdown is as follows:
a) Plat Review Fee
($4 s.oo + $4. /ac)
b) Construction Drawing Review Fee
c)
-$ 445.44
Water &
Sewer (.50% const, est.) - $ 204.34
Paving, Grading (.425% const, est.)- $ 312.69
Construction Inspection Fee
Water &
Sewer (1.5% const, est.) - $ 613.03
Drainage,
Paving & Grading (1.275% const, est- $ 938.07
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
RECOMMENDATIONs
That =he Board of County Commissioners approve =he final plat of
"Quail Walk, Phase Four" with the following stipulations:
1) That =he final plat not be recorded un=il the required
improvements have been constructed and accepted or until
approved security is received for =he uncompleted
improvements and that construction shall be completed within
36 months of the date of this approval.
2) Authorize the Chairman to execute =he attached Construction
and Maintenance Agreement.
3) That no building permits be issued un=il =he final pla= is
recorded.
D
00'1' 1
Executive Summary
Quail Walk, Phase Four
Page 3
pREPARED BY:
~ohn R. HoUldsWorth; Senior Engineer
Engineering Review
REVIEWED BY:
Date
.Thomas E. Kuck, P. ·
.:Engineering Review ~anager
Planning Sez~ices Directo
vincent A. Cadtero, Ad~nis~rato =l_ ] . Dat~ '
Community Development & Environmentg~L~ervices
CONSTRUCTION AND MAINTENANCE AGREEMENT FOP, SUBDMSION
". IMPRO~S PRIOR TO RECORDING OF PLAT
.... · ..... ,. - .... -= ::~. ~..... '. ...... -. . :..:
-*. :: -: , .° . *' · . .....
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION
IMPRO~ PRIOR.TO RECORDING'OF PLAT~.AGR.EEM]~T e~ter~ '.into this
... .... :~.~ ..f':...~y of' ,'.~", '.. '~' .';',~.1997 l~,t~m Lon~ I. ake~ loint V=nture, ~ Florida
C-en~,~l ?~tncslf, p, h~-in~r' r=fcm~ 'to ~ the "Dev¢l~ ~d th= Board of County
· . .~.: %' . ' L · ,
· · .-'-',.?'t".- -' ~-" :"' ' :" ' '' ' : ~' ' '? ...... '
· " .' "-.-~-~ -..~ .... ' · .-. ~ RECrrALS '-
1. Developer has, simultaneously with the delivery of this Agreement, appliixt for
the approval bY the Board of a certain plat of a subdivision to be know as:
· - "~ · Quail WaI~ Phase Four '
2. Division 3.2 of the Collier County Land Development Code allows the Developer
to construct the improvements required by said subdivision regulations prior to recording the
final plat.
NOW, THEREFORE, in consideration of the foregoing pr,~nises and mutual covenants"
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed roadways, drainage facilities, water and
sewer facilities, ligi'Mng and signage, wi~;n 24 months from the date of approval of said
subdivision plat, said improvements hereinafter referred to as thc required improvements.
2. Developer herewith agrees to construct said improvements prior to recording said
subdivision plat and the Board of County Commissioners shall not approve thc plat for recording
until said improvements have been completed.
3. Upon completion of said impwvements, the Developer shall tender it subdivision
performance security in the amount of $11,444.23 which represents ten percent (10°,4) of the total
confract cost to complete construction. Upon receipt of said subdivision performance security by
the Development Services Director, the Developer may request the Board of County
Commissioners to approve the subdivision plat for recording and grant preliminary spproval of
said plat.
l~ms_?l ~pXl 9~2~20?~jc~muiprp?07~loc
~ ii: IN WITNBSS WHEREOF, the Board and the Developer have caused this Al~-ment to
~ecuted by their duly authorized rcpr~tatives ~ day of ', 19 ,
W~tncsscs to:
ATTEST:
DWIGHT B. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Deputy Clerk
TimothyL. Hancock Chairman
Approved ss to form and legal suitici~cy:
Collier County Attorney
By:
mc~w ~
acceptance of ~Savanna~
(*
On June 24, 1996, the Co,,.unityDevelopment and Environmental
Services Administrator granted preliminary acceptance of the
roadway, drainage, water and sewer improvements in "Savanna".
The roadway, drainage, water and sewer improvements not
required by the plat to be maintained by the proJect*s
homeowners association will be maintained by the County.
The required improvements have been constructed in accordance
with the Land Development Code. The County Development
Services has inspected the improvements and is reco~nding
final acceptance of the improvements.
A resolution for final acceptance has been prepared and
approved by the County Attorney's Office. A copy of the
document is attached.
FISCAL IMPACT
The roadway, drainage water and sewer improvements not required to
be maintained by the project's homeowners association will be
maintained by the County Transportation Department and the County
Utility Divisions. Funds for the routine maintenance and upkeep
will come from the Operations and Maintenance budgets of the
Transportation Services and Utility Divisions.
GROWTH MAK~~ IMPA$~: None
00T21 1997 '
~-~xecut 1ye Sun~naz-y'
Page 2
l[i a-a __~___._-=~ .~.~, w~er anu 8ewer l~rovemen=s In
1. Authorize ~he ~at~ to ~e~te the attached resolution
au=hortztng final accept~ce.
Jo~ ~. Houldswor=h, Senior Engineer bate
~9i~ee~t~9 2e~te~
Engineering Revie; ~~ ~ uace
C~ity Dev. and Envtro~en=al Svcs. DI~SION
~: ew
(c.E.
NAPLES-IMMOK/U_F_E ROAD
GREEN
TREE
CENTER
STONEBRIDGE
ROJECT
SITE
PELICAN
BAY
MONTEREY
PiNE
RIDGE
SITE
SLEEPY
HOLLOW
-uA'P
BRIDGET
LAKE
IN<E-
SIDE
~~-. :~.:-'~ ;-:- .--:::-~' -~"~ ~ 4 RESOLUTION AuTHOIt!~G FINAl. ACCEPTANCE OF
_ · ,.. , , . ~ .... : ~ THO$£ ROADWAY, DRA~AG£, WATER AND SE'V/ER
,~=~_..,,.~ .~,~ .,,.c_e_--_-~ 6 IIvl~RO~ IN "SAVe", RELEASE OF
~:-: o:-~- ....... -~ · 7 M~J]TrENANCESECURITY, AN~AC~GTHE
"
8 ' ~ANCE RESPONSIBR.fI'Y FOR TH~
9 .. .. ROADWAY0 DRAINAGE ~ WATER AND SEWER
..: .. .. 10 .. IM~RO~ THAT ARE NOT REQUIXED TO BE ....
~__....__ ~._~_~ ,.r.~..,.~.=-~__..~ 1 ! MAINTAINED BY ~ HOM~)~ ASSOCIATION_.
~~'~'~'?'---'~'='-'~'"'-'"' 12 :'- ....''- : ~ ' "-":""'~'~' '- '"-'
'.. 13
........ : a.-.- .,~...--.~-~: · .~- ~?" ? -' ...... ., -
15 'WI-IXREAS, ~ ~ of ~ ~ of ~n~= Co~n~, Florida, on M~ 7,
~? -. ,, .~:.~.:?.'~: ~..~-~:~'~=~'~,:~ ~?..~. ~..~.~.:.:.?~'.'.~,.'.~ .~:... ~.~-..:;_. ~ .- ..-
s~-~o~ '"
---- ..... =' ' ' -.-'--.'- -. ~ ~ ...,,a~.~o,~=t,.. ~.~..'~..~.~~~--,=d .. ,~'=..:,.-~-.~.
- _~' '~' "_'~ 22 ....... . ....
~?~_..:-.-~-~ .~..;~.; ?.~"~'~.~.~-'~-~.Zl '" ' - -=- ' '~ · ' ' ' ~' .... '
~'~.:~..--t~-.;~------~ 23 ~,~e~-~lo~rt=sno?~r~i" '~":'"; ' "~' ';' '
s=:epm~ce orthe ~7, d~in=~, ,
~:~....._~.,,::...._ =s - .-.- .. . -........,~,.,.,,....~.:... ,.. .;..~ _:.....: ...... .
26 WHEREAS, ee Compliance Services Section ortI3e :l:)~el,,~.~,,, ~,.,S cas l:)e~ .. _
--~- ..-. -~...-~.--. - T---~ - ~-.--
28 acceptance o£s~d ........ · ' '~' ....' ' ' '
facilit3ct .-~'----,'~,:-.=~-, '.;---~.-.~-~ · '~.-/.~,T' .... ' - .'.
...... ..,._-..- . ..~.. .... .-. · ~ ..-..~. = '-:':~:, ~.. -..: ":~.';..'..
29 ' ..,' ..:.":~':.-.' '-:.'-'4 ~- :" ~ .'-'
30 ~°w,'~n~oP.E,s£ n', .]~o].v~ nv ~-~ ]~OA]~D O]~ cou~,rrr .,..-... ....
31 COM:h~SSION~,S OF COLLIER COUN"r~, Ft.ORI~A, ~ ~ ncceptance be grm3tad for :.
32 those roadway, drainage, water and sewer i]~n~n~ts in "Savanna", and au~3oriz, a the Clerk
33 to release ~e maintenance sec~ty. .. - --. ......
~ ......... ~-~-- 35 BE IT FLrR~ RESOLVED AND ORDEI~D that ~e Count,/acc~t
- 36 ~aLntenance and other ~endant costs for the toa~wsy, d3-alnage, w~r s~t sewer improvem~
~~ 37 ~at are not rO:luired to be ma~ed by ~e homeowners association.
38
39 T]~s Resolutlo~ adopted ~ mo~ion, second and majority vole ~g same.
! t
= -.e-o- ~--' ;- . .; - --~='- -'.~' '-"'~- . '.'
-:_~:_.~._-~: --~.-._-' ' - .... :, - 41
42
· i:-:.: .....?..'-.-..",~=.,-",.~.. ~ ...-. 43 DATE: BOARD O]: COUNTY COMIV[ISSIONEP, S
-~, 44 ATTEST= COI. L]:ER COUNTY, FLORIDA
....... = , 45 D~'IGHT E. BROCK, CLERK
..' ~ - · · .'..:.:. ='. -' -"'~.::: '- ~= 46
~- ~'--' -' ':"- ' .......... 47 By:.
· '."-"-" - ~=";~'~ '~ '-' ":~~ 49
..... .-; · 5 ! Approved as to fot'm and ie~l
· . . .- .-.~-.~ T..
.~._- __:__~: x' ' ~/: '-'----~- ;- ~"' 53
-'-..'-'-' ..'- ='~.-~'~'~-.~ L~'-' '~-: · '-
~6 ~ CoI~= Cmmty Attorney ......... '- ' '
57 ...... ' . . .- ..- .~..~_ :.~
$8 ' ' "':"'" '=~" : .... ' "~"
....... ,, .. : ....... :.....
.... '--' i " ' ' ' '" -~ :'"'~"''1~1).~ '
.., ..- .:..:.:.. :-:--
..... ° - · ,,, ' o -~,.'"? ' 'T *'. ' ' '+ ' '° ..... "" ' ' '
'":' '" ...... '- " .'" : ':.' .'....'. '=. ' .__ '--J)C
....... :",.~ i: · ..---:'" - ; ." · . . . · ".' --'--'.,
· ~K~. r.~_.--~_-..'v.~+"~-~ .: ~'-'-.;~-.~, .~-. "' ...... . .................... ' ......-"'--.~ t'~',.--J~u~
· ' -' ,..': :' "' -- -.. '- '..'.. - '.. '-' ,'--' ".-- -i,"-: ~:~ ':-~
· - .~---W~b.-'~. :' ' o~' . ' .... . · .'
EXECUTIVE ~
APPJ~VAL OF ~h"X~T OCS26 WITH THE FLORIDA DEPARTMENT OF KNVIR(:MMKNTAL
I~OTECTX(:M (rDEP) TO COHT:I;NUE TO PERFO~ PETROLL~M ITORP~E FACXLITY
OBJECTIVE: To have the Board of County Commissioners approve the attached
contract renewal between the County and the Florida Department of
Environmental Protection (FDEP Contract NL~mber GC526), as related to
carrying out the FDEP's Petroleum Storage Tanks Program within Collier
County for nine months in return for funding not to exceed $95,259.00.
.CONSIDERATION: A local Storage Tank Program is being accomplished by this
State Contract which pays for all costs associated with this program.
GROWTH MANAGEMENT IMPACT: This program partially satisfies Goal 3 of .the
Conservation and Coastal Management Element which states that ~The County
shall protect the County's ground water resources to ensure the highest
water ~uality practical." This program also specified in Objective 9.4 of
the Conservation and Coastal Management Element, which requires "the County
to establish a local storage tank program."
FISCAL IMPACT: FDEP will reimburse the County for work conducted not to
exceed $92,259.00, including personnel, equipment, and training costs needed
to implement the scope of the work under Contract. This program has been
included in FY 97/98 Budget, and appropriated in Fund 114,
Cost Center 178975.
RECOMMENDATION: That the Board of County Commissioners:
(1) Authorize the Chairman to sign the attached Contract renewal
(FDEP GC526) with the Florida Department of Environmental Protection (FDEP)
for nine (9) months in return for funding not to exceed $92,259.00.
(2) Authorize the Chairman to sign the attached Contract (GC526) as of the
EXECUTION DATE October 1, 1997, with the Florida Department of Environmental
Protection as indicated on execution page 11 of the Contract.
(3) Authorize the Staff to implement the executed agreement
PREPARED BY:
ary~ornelis~e
ler~cal Supervisor
REVIEWED BY:
/_
DATE: tO/7 - 97
G. G~orge Yilmaz, Director
~ol)/ution Control ~artment
vincent A. a , , o
Community Development & Environmental Services Division
AttachmentGY:mc:executive sun, nary
OOT 1 1997
I~._ ~
CONTI~CTOR
COLLAR COUNTY BOARD
OF COUNTY COMMISSIO~'ERS
3301 T~ T~ E~t
Build~{ H
FEID lqO.: ~9-6000558.
SCOPE OF SERVICES
Thc Florida Department of Environmental Protection (DEP or Department) hereby retains the
CONTRACTOR for the followinl specific purposes and duties:
1. Perform compliance inspections at Chapters 62-761 and 62-762, Florida Adrn;,~i~u'ative Code
(F.A.C.), regulated stora.~c facilities (excluding mineral acid tanks regulated by the DEl) in
accordance with Sections 376.320 - 376.326, Florida Statutes) within thc jurlsdictioual boundaries
of Collie~ County. as requizcd by au executed Task Assignment(s). In addition, perform closuze,
insumllation, dischazge insi:ectious, and rcinspections, as applicable, in accords_ncc with each Task
Assignment. Inspections shall be performed by an individual(s) in a position equivalent to an
Euvkoumental Specialist I level or hi{he~. Be{inning on the effective date of Tibia Contract, the
CONTKACTOK is acthorized to cuter private Ftoperty in order to carry out inspections pursuant
to Sections 403.091 aad 403.858, Florida Statutes.
Site inspection responsFoilities s~ll include:
A. Contacfin{ facility, owners or operators, in writing or verbally, to schedule compliance,
installation and rank closure inspections. The DEP Task Manager n~y require v, rit~en
notification of' ins!;ections if verbal methods have proved unsatisfactory..
B. Meeting ~i',h the o~-ners or operators of all regulated facilities in Collier Counv,.' and
determ;,~ing compliance wkh Chapt~ 62-761 and 62-762, F.A.C., and Chapter .376,
Florida Statutes, with the exception of CO~N'ilLACTOR-o~ed/operated facilities.
Inspections should be performed in accordance with each executed Task Assignment in
the followin{ grioritY, order.
1. Perform all inspections at fact]kies with known or suspected discha~ea
iavolvin{ fxee product within twcuty-fou~ (24} horn's of receipt of notification.
Authorize undex Section 376_30711, F.S. (1996 Supp.), _limited scope fxee
product recovery fxom a new discharge according to Depamueut guidelines.
2. Perform all inspections at facilities with known or suspected discha.,~es within
tea (10) workin{ days of ~ceipt of notification. Complete the Florida
O( T 2, 1 1997
PI. ~
DEP Contract No. GC526, Page 1 of 11
and ranl~g int'omution. Send Cleanup Notification Letters to facility owners
or operators, ii' approp .riate.
Perform all Closure Inspections at all k~own storage ~ank system closure
acti~'ities.
Perform all installation inspections of new installations in Collier County to
ensure St the system is properly constructed in accordance with C'haptcrs 62-
761 and 62-762, F.A.C., as applicable.
Perform compliance inspections and reinspections at registered regulated
facilities as indicated by each executed Task Assi$,~nent- The following
completion rate based on storage system construction and previous compliance
record is required:
All facilities having a moderate or major potential for harm to the
environment and moderate or major extent of deviation from the
re~lations, as referenced in the Storage Tank PenalLy Guidelines and
Assessments Memo (12/1/95) the previous year. (100%)
b. All facilities with at least one single-wailed regulated system. (I 00%)
'r'ne following inspections at registered regulated facilities will be performed by
the CO.x,'rRACTOR based on resources and priorities:
All f,..cilities having only double-walled regulated systems. Perfo,-m
reiaspections of facilities only as needed to verify compliance of items
pre~'iously identiHed as having a moderate or major potential for harm to the
eaxironment and moderate or major extent of deviation from the regulations, as
referenced in the Storage Tank Penalty Guidelines and Assessments Memo
(1Z'1/95). All violations, regardless of severity, which solely invoh'e
notification or reporting will not require a reinspection. Facilities not inspected
during the current executed Task Assignment, will be prioritized to be inspected
during the subsequent Task Assignment.
Co
Distn"but.- re.iisi--aEon forms to all unregistered facilities that become Imow~ to the
CONTRACTOR as they are discovered, perform compliance inSl~eCtiOnS at all
unregistered fac:.lities found that are subject to Chapters 62-761 and 62-762, F.A.C., and
take a~Fro.--r!ate measures where required to obtain compliance.
Comple:e ir;-s'I:ec~on forms in accordance with the minimum standards referenced in
Attachment C, E.'&ibit I.
Respond to complaints by performing a complaint investigation, docume-..ting actions
taken utilizing a DEP Task Manager approved complaint response form, and maintain
copies of all complaint information in the appropriate facility file.
F. Respond to requests for public assistance both in the office and during insF. ec~ions.
DEP Contract No. GC$26, Page 2 of 11
Perform Level One E~orcement actions. These actions sl~I1 include investi.~ation and
documentation of violations, preparation of noncompliance letters and warning le.':ers ~nd
activities as described in Attachment A and in accordance with the Storage T-,~ Prot'r'zm
Guidance Memo on Post Inspection Procedures (2/26~)6). Level One enforceme~ ac~ities
be conducted by an individual(s) ina position equivalent to an Enviroumc'nt~l S
OCT i 1 1997
higher. Noncompliance loners may be prepared and sent by an individual(s) at the Environmental
Specialist I level under the direction of an individual at the Environmental Specialist II level or
higher. All enforcement documents shad be on DEP forms, in DEP format, or have DEP
approval. Any penalties assessed under this Contract shall be in accordance with DEP's penah7
policy and procedures.
The CONTRACTOP. shall assess performance levels monthly to determine its progress towards
completion of each Task Assignment and upon discovery shall notif'y the D£P Task Manager of
any problems that would delay or prevent the timely progress and completion of each Task
Assignment Four months from the effective date of each Task Assignment, the CONTRACTOP,
should hive completed -~3 percent of the required compliance inspections as indicated by the Task
Assignment. If the acml number of required compliance inspections falls below 20 percent for
the fourth month, 30 percent for the f'ff-~ month, 40 percent for the sixth monrJa, 48 percent for the
seventh month, 57 percent for the eithth month, 65 percent for the ninth month, 73 percent for the
tenth month or 82 percent for the eleventh month, then the CO~N'IRACTOR. shall submit a
Corrective Action Plan, within ten (10) days of receipt of a wrinen request from the DEP Task
Manager, to the Task Manager clench'bins the steps it will take to meet the terms of the Task
Assigm'nen~. If there is any indication that other required inspections are not being performed, the
DEP Task Manater may request the submission of a Corrective Action Plan. The Task Manager
shall be responsible for reviewing the plan and notifying the CoIcrRACTOR. if the plan is
approved or in need of re~-hion. If the CONTRACrOR does not successfully implement the Plan
as approved by the DEP Task Manager for the remaini.§ monr~s of the Task Assi.'/nment, the
Department may wit.khold further payment of monthly invoices until such time as the
CON'YRACTOR. comes into compliance with those performance levels as outlined above. ^
completion rate of I00 percent is required for routine inspections as descn'bed in Paragraph I.B.5
above. In all cases, the fir. al invoice v'ill be paid based on the actual completion rate. In the event
the CON=I'R.~CTOP, is unable to meet performance levels, the Deparlment reserves the Hght to
seek cost recovery accordint to the inspection costs identified in each executed Task Ass/.~ment
Notification Form (Ar',achment B, attached hereto and made a part hereof). The Department
reserves the r/~h~ to se--k cost recovery in the event the CONTRACTOR. is unable to meet
performance levek.
For purposes of this Con:rac~, it is understood and agreed by the parties hereto that the £trst task
assignment issued ma}' be for a period of less than twelve (12) months. In instances where an
executed task assi!mment is for a period less than twelve (12) months, the followinS =ethod will
be used by the CONTRACTOP, to assess performance monthly:. The CONTRACTOR shall
perform inspections as directed in the previously stated Pdoriry Order. The race of routine
inspections, as des."-..~ced in Paragraph I.B.5 above, shall be at the percentage rate per month as
identified in the Task Assi?_-nent. The CONTRACTOR shall assess performance !~'els monthly
to determine i~ t:ro.i':.-'ss towards completion of the Task Assi~Ttmcnt. If there is any iadicar!-'on
that other required ir..,Te'.tions ~re not beanS performed, the DEP Task Manager ma'..' request the
subm/ssion ora Corrective Action Plan. The Task Manager shall be respons~le for r~'/e~inS the
plan and notify/nS the CON'I'RACTOR ii'the phn is approved or/n need of rev/sion.
To assist the CON'TR.&CTOP. in complyinl ~ the terms and conditions established herein,
standard'pro,ram terminolo~l,.' used throu~hou~ tiffs Contract is defined and prov/ded in Attachment A,
attached hereto and made a pa."t hereof. Because figs Contract does not include serv/ces associated with
mineral acid tanks, it is undemood and aire.-"d by both parties that all references to Chapters 62-761 and
62-762, F.A.C. in this Contrac: ~.~or Amclm:ents incorporated here/n shall refer to the provisions related
to the storage tank pro.am and shah not include the provisions pertaining to mineral acid tanks.
It is hereby understood and agreed that all references in this Contract to Florida Statutes and
CONTR.4,CToR.FI°rida Administrative Code shall be for the laws and roles in effect at the time work is p?'r,, _,~__e,~.~}~l~/,~.N~.: -~- -
DEP Contract No. GC526, P~ge 3 of 11
The Deparuncnt shall authoriz~ the CONTRACI'OR. to provide services under this Contact
ut/liz/n~ d~ Tuk Assignment Form an2ched hereto end nude · part hereof as Attachment B. The
CO~'¢TRACTOR. acknowlcdgcs that no work shall be performed until a Task Assignment authorizing work
has been fully executed by the Department and the CONTRACTOR- If, during the term of an executed
Task Assignment, a modification of the Task Assi~mnent is needed, thc Department may issue a new Task
Assignment Form clearly marked with thc original task number and the'aFPwprlate amenctment number,
detailing the revised description of the ~ork to be performed. As with the original task usi~u'nent, all
amendments must be exeaited by both the Department and the CONTRACTOR. prior to the work being
performed. ,
CONTRACTOR RESPONSIBILITIES
DEP Contract No. GC526, Page 4 of 11
The COl~rrP. ACI'OR. shaH:
Administer thc compliance verification program, provide technical assistance, and perform
enforcement actions. Enter into STCM and PCl~ related data generated from the inspections
under thc direction of the DEP prior to the submittal of an invoice, POP, S, and yellow copies of
thc compliance verification forms to the District.
Comply with all provisions of this Contract and verify facility compliance with Chapter 3'/6, P.S.,
Chapters 62-761 and 6-?-761, F.A.C., be knowledgeable of the differences bctwecn thc state and
federal environmental statutes and rules applicable to underground storage tanks.
Require that field inspections bc performed by qualified individuals and that they receive training
on Chapters 62-751 and 62-'/62, F.A.C., Chapter 3?6, P.S., RCRA Subtitle I standard~ and DEP
cnforccmcnt procedures.
Provide a sufficient number of qualified staff to satisfactorily complete all the responsibilities
included in this Contract for Collier County. Ail individuah hired after thc effective date of this
Contract shall possess qualifications equivalent to DE1e position levels as specified in the Contact.
All field inspectors and enforcement personnel shall attend and complete scheduled storage tank
inspector certification training courses and pass my examinations with a score of 70% or higher.
£ffcctivc the second year of this Contract, inspector certification will be required in order to
conduct inspections. Ii'the employee fails to attain s ?0% or higher score, the employee may take
the examination at thc next offered training class. During this period thc employee may continue
to perform inspections. However, subsequent failure to provide certified inspccrors x~ill result in a
reduction of thc fixed price negotiated in the Task Assignment.
Determine the ac:ura:e latitude and longitude coordinates for each facility inspcc:cd and enter
these into the DEP inspection database monthly.
Revicw Closure Assessment Reports filed by facility owners or operators to insure that the
Department's currcnt Closure Guidelines have been followed.
Maintain files on regulated facilities for inspection rcpom, noncompliance letters, warning letters,
or any other related enforcement documentation, telephone logs and written correspondence from
thc facility. In the event of a case referral to the DEP District Office for further enforcement, a
case summary, a copy of the complete case file, and a letter of referral shall be submitted to the
DEP District Office. Facility files must be kept until the site has been detcm~ed closed. Once
the facility has been closed for five (5) years, the records shall be sent to the Storage Tank
Regulation Section in Tallahassee for preservation, unless the CONTRACTOR. is subject to more
stringent local record r.-quiremcnu. Copies can be maintained by thc CON'I'IL-kCT('" -' '~"
CONTR.ACTOR's expense. If, for any reason, the Department's contractual arrangeme~ ["~i~ ~.E/~~
OCT 1 1997
CONTRaCtOR to peri'otto the inspection proD'~m (throuEh ~ Con.ct or any ~e con~c~)
ce~es, ~c CO~O~ sha~ re~ ~I1 ogg~al facili~ files lo ~ DEP Con.ct M~er
~ 30 calen~ ~ys of Con.ct exp~fion or te~afio~
Provide atxendance of at least one staff member at scheduled meetings and at scheduled
teleconferences at the District Office. The DEl) Task Manager may authorize anendance at z
location other tha- thc Dis~ct Office provided thc availabiliBr of resources.
Maintain a current set of standards referenced by Chapters 62-761 and 62-762, F.A.C.
Ensure t~at all field persounel receive the health and safe~y tra!-~ng required to meet OSHA
standards. DEP provides an 8 hour refresher course that is available to the CONTRACTOR.
I1.
Supervise the Local Compliance Prop'am with an individual at a minimum equivalent to the
Departmem's En,,irommental Specialis! HI personnel category.
12.
Perform all clerical and data enu'y activities for the above mentioned tasks, by an individual at a
mi,~imum equivalent to a Secretary Specialist level or higher.
13.
Provide copies of applicable roles, inspection forms, and other program/public assistance
information to the public and regulated interests. However, this provision does not authorize
photocopying of reference documents in violation of copyright law.
14.
Use recycled paper for all program correspondence and documents ,~4th the exception of
inspection report forms.
15.
Maintain a separate account (Trust Fund or Cost Center) within the CONTRACTOR's accotmring
system for the receipt and disbursement of funds provided under this Contract.
16.
Provide a Statement of Revenue, Expenses and Fund Balance for the period of the executed Task
Assignment within 45 days of payment of the i'mal invoice.
17.
Provide complete copies of discharge inspection packages to DEP-Tallahassee within thirty (30)
days receipt of the reported discharge. Send under separate cover the yellow copies of the
compliance verification forms identified in Paragraph I above.
18. The DEP may provide equipment for the CON'HLiCTOR under this Contract. Equitable and
beneficial title to the property may u'ansfer to the CONTRACTOR, upon delivery of possession
and custody by the DEP, and acceptance of delivery by the CONTRACTOR. However, if the
CONTRACTOR fails to perform its obligations under this Contract, title of the equipment shall
revert to the DEP, and the CONTRACTOR shall deliver possession and custody of all such
equipment to the nearest Disu'ict Office location, unless agreed otherwise, witSl, thirty. (30)
calendar days of Conmact termination. If the CONTRACTOR satisfactorily performs its
obligations under this Contract, legal title of the equipment will vest, and the CONTRACTOR will
hold entire title to the property. The CONTRACTOR is responsible for the upkeep and
maintemnce of all equipment purchased by the DEP for the CONTRACTOR, such equipment
shall be used solely for Ferforming the requirements oftl~is Conlra~ The CO~NTR.~.CI'OR has an
aff'u'rnative duty to maintain the equipment in good operating condition, and to replace the
equipment with equivalent equipment if it is stolen or lost, until the date that entire title vests.
Documentation iden ' .tifying the equipment, serial number(s) and cost per item, in addition to
evidence of the parties ~ransferring and receiving the equipment will be required at the 6.me of the
transfer of possession and-custody. In addition, the CONTRACTOR, as custodian, shall maintain
an adequate record of property in his or her custody, shall lake an annual inventorylof aii ~}!N"" "~"
equipment, and shall report to the DEP, any changes to the inventory record. Such r~pon shl~ld~)
· ! OCT 2 1 1997
DEP Contract No. GCS26, l~age
/
be filed on or before .~une 30 each year. Thc CO~H~CTOR shall sub~t a w~t~cn request to thc
Department prior to disposing of any property provided under this Contract. The Department will
review such request and provide wr/nen authorizaton to the CONTRACTOR, either ~mting thc
request or requiring an ahematve form of d/spositon, The CONTRACTOR must receive r~c
written authorization prior to dLsposing of thc properW.
19.
20.
Access to DEP databases will be made by using an Internet com~ection. Therefore, the
CO~CTOR is respons~le for subscH'oing to and paying for all charges related to use of the
services of a reputable Interact service provider.
Acknowledge receipt of the following guichnce documents:
a. Storage Tank Penalty Guidelines and Assessments Memo (12/1/95).
b. Storage Tank Program Guidance Memo on Post Inspection Procedures (2/26/96).
c. Pollutant Storage Tank Closure Assessment Requirements (I0/96].
d. Limited Free Product Memo (10/30/95)
DEP RESPONSIBILITIES
The DEP shall:
Administer the "S:orage Tank Training Course" to provide inspector certification for all
CON'I'RACI'OR inspec:ors and enforcement per~om~eL
2, Serve in an advisor,' capacity, to the CONTRACTOR.
3. Review submined corn!:, fiance inspection verification forms.
4o
Provide program and regulatory, guidance for the CONTRACTOR. Provide training in new
technology and proiriza management changes at the Annual Program and Super,'isors' Meetings.
Conduct enforcement activities for violations of Chapters 62.761 and 62-762, F.A.C., when case
referrals are forwarded to the District Office.
6. Provide standard inspection forms to the CONTRACTOR.
Provide information to the CONTRACTOR about DEP approvals of storage tank system
equipment, alternate procedures, licensed Pollutant Storage Systems Contractors 0aSSC), and
Registered Precision T.~c Testers.
At least once annually, 7e."form a Program Review using Attaclunent C, attached here:o and made
a part hereof. The CONTR.-XC'I'OR shall be l~otified, in writing, at least fourteen (14) calendar
days prior to performznce of such rex-Jew. The Task Manager may perform additional program
reviews, as deemed ~.ecessary, to insure the required performance of the CONTRACTOR.
REPORTS AND DELI~'ER.~BLES
In an effort to conserve =d recycle natural resources, the CON'I'RACTOR shall submit all repons
and correspondence generated trader this Conwact on recycled paper.
The CONTRACTOR shall complete the appropriate sections(s) as applicable for each facility
inspected, in accordance with Attachments D and E, attached hereto and made a part heret~f'. The
CONTRACTOR shall send copies to the DEP Task Manager's attention at the Florida Department of
Environmental Protection, South District Office, Storage Tank Regulation Section, 2295 Victoria Avenue,
Suite 362, Ft. Myers, Florida .~3901, on a monthly basis, and enter this information, al ~i:g ~6Rgt,"}pfi~T~:~
DEP Contract No. GC526, Page6of 11 OOT g i 1997
enforcement tracking information, into the DEP computer database. The yellow copy of all compliance
verification forms completed each month shall be submined along with the invoice and POPS to the DEP-
District no later than the llth day of the following month. If the lSth falls on a weekend or State observed
holiday, the CONTRACTOR shall submit the required itd'orrnation no later than the next business day
following the weekend or holiday.
The Program Output Reporting System (POP, S) Report (Attachment F (Page 4), attached hereto
and made a pan hereof) shall be completed each month and submitted with the invoice to the DEP District
Office only. The DEP Task Mznagcr shall verify the number of inspections on the POPS Report to the
number of compllance verification forms received ~nd to the STCM database before the monthly invoice is
forwarded to the 'Bureau of Petroleum Storage S. vxtems in Tallahassee, Florida for proc~siag. The DEP
has ten (I0) working days from the receipt ofatl deliverables and r~pom to review the work performed by
the CONTRACTOR during the invoice period. If the CON"rR.ACTOR. fa~ to perform as directed by thc
terms of this Contract, the DEP shall return the unpaid invoice and/or repons and deliverables to the
CON'rRACI'OP. documenting the areas ia which the CON'IRACTOR has failed to meets its contractual
obligations.
TERM OF CONTRACT
This Contract shah he effective on the date of execution or October 1, 1997, whichever is later;,
and shall remain in effect for ten (I0) years following the effective date ofthe Contract. Any and all work
under this Contract shah be evidenced by an executed task assignment. In no event shah the
CONTRACTOR perform work w/thout an executed Task Assignment. The Department anticipates Task
Assignments will be executed no later than July I of each year detailing the requirements for the next
twelve (12) month period. This Contract may be renewed for an additional term not to exceed the original
Contract period unless the original Contract period is 24 months or less, in which case the Contract may be
renewed up to two additional one-year periods. Renewal of this Contract shall be in v, viting and subject to
the same terms and conditions of this Contract. All renewals are contingent upon satisfactoq,' performance
by the CoNrrRAC'rOR and the availability of funds.
NOTICES
Any and all notices shah be delivered to the parties at the following addresses:
Contractor
Mr. Irving Be=on
Collier Count'/Environmental
Science & Pollution Control
3301 Tam/ami Trail East. Bldg. H
Naples, Florida 34112
Department
Mr. Marshall Mort-Smith
Department of Environmental Protection
Bureau of Petroleum Storage Systems
2600 Blair Stone Road, MS4525
Tallahassee, Florida 32399-2400
SD'BCONTRACTING
The CONTRACTOR shall not subcontract, assign, or transfer any work under this Contract
v,'ithout be prior written consent of the DEP.
COMPENSATION
For satisfactory perfo~,~,~ce, DEP a~ees to compensate the CONTRACTOR on a t':xed price
basis as described by each exerted Task Assignment. It is hereby understood and agreed by both parties
that the compensation provided under this Contract shall not exceed the amount negotiated in each
executed Task Assignment for each specified period. The DEP's calculation of the fixed price identified
above is based on Attackment B, entitled "Task Assignment ", anached hereto and made a pat
DEP Contract No. GCS!6, Page 7 or 11 OCT 2 1 1997
Thc Statc of Florid~'s performance and obligation to pay undcr Ods Conlract is contingent upon an
annual appropriation by the Legislature and continuation of other funding presently am/cipated.
PAY~I~N'fS
The CONTRACTOR shall submit monthly invoices in the amount specified in the executed Task
Assignment. Each invoice shall be submitted using the Contractual Services Invoice form provided as
Attachmeut F, attached hereto and made a pan hereof. Each invoice is due no later than the 15th day of the
month following the mouth of services. Travel expemses associated with the annual meeting, Storage Tank
Program Guidance Comminee Meetings, Tanks Program Supervisor's Meetings, and travel required for
inspections, enforcement reiz~ectioas, district coordination, Izalning and monthly teleconferences are
included in the monthly payment schedule and no additional Izavel expenses will be authorized. Each
invoice must be submined in detail sufficient for preaudit and postaudit review. A £mal invoice must be
submitted within thirty (30) days of the completion date of the end of the executed Task Assignment to
assure the availability of ftmdi~g for payment. The DEP shall pay all satisfactory invoices in accordance
with Section 215.422, Florida S~tutes. SLx copies of each invoice and PORS Report form, shall be
submitted to:
Depar'"~ent of Environmental Protection
South Disu'kt Office
Atm.: Send to the DEP ra~k Manager's ,~ttention
2295 Victoria Avenue, Suite 364
F~. Mye:s, Florida 33901
Pursuant to Section 215.122, Florida Statutes, the Department's Task Manager shall have five (5)
working days, unless other~'ise specified herein, to inspect and approve the sex~'ices for payment; the
Department must submit a request for payment to the Florida Department of Banking and Finance within
twenty (20) days; and the Depzr'a~ent of Banking and Finance is given ten (10) days to issue a warrant.
Days are calculated from the latter date the invoice is recdved or services received, inspected, and
approved. Invoice payment requirements do not start until a proper and correct invoice has been received.
Invoices which have to be returned to a contractor for correction(s) will result in a delay in the payment.
In accordance with Section 215.422, Florida Statutes, the Department shall pay the
CONTRACTOR, interest at a rate as established by Section 55.03(1), Florida Statutes on the unpaid
balance, ifa warrant in payment of an invoice is not issued within forty (40) days after receipt ora correct
invoice and receipt, inspection, aad approval of the goods and services. Interest payments of less than $I
~vill not be enforced unless a conwactor requests payment. The interest rate established pursuant to Section
55.03(1), by Comptroller's Memorandurn No..~ (1996-97) dated December 3, 1996, has been set at 10.0%
per annum or .027-10% per day. T'ne revised interest rate for each calendar year beyond 1997 for which the
term of this Contract is in effect can be obtained by calling the Department of Ba 'nldng and Finance,
Vendor Ombudsman at the te!e~hone number provided below or the Department's Contracts Section at
850/922-5942.
A Vendor Ombudsman has been established within the Department of Banking and Finance. The
duties of this individual include acting as an advocate for vendors who may be experiencing problems in
obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 458-
2924 or by calling the State Comptroller's Hotline 1-800-848-3792.
MANA G E.~IE,N'T
The DEP Contract M~nager is ,Marshall T. Mort-Smith, Phone 850/488-3935 or SunCom 278-
3935. The CONTRACTOR's Coutract Manager is George Yilma~ Phone 941/732-2502 or SunCom 751-
2502. Each Task Assigmnent will identify the DEP Task Manager and the CONTRACTOP.'.- T_--_!:
Maria,er. A~mat~er~re~a~in~t~speci~ctaskassignmentshallbedirec~ed~thetaskmanI~er$f~.~~~
DiP Contract No. GCfi6, Pagegof II / OCT 2 1 1997
appropriate action or disposition. All matters rel,,ting to the Contract shall be directed to the Contzact
Managers.
The DEP and CON'I'RACTOR agree to the/'ollowing terms:
Either party may terminate t~s Contract for its convenience by giving the other party, thirty. (30)
days wrincn notice. If terml-etion is effected by the DEP, the CONTRACTOR. shall be
compensated for work satisfactorily completed and irrevocable commitments made. If
termination is effected by the CON'I'RACTOR, the CONTRACTOR sitall be compensated for
work sa?factorily completed.
Ail services shall be performed by the CONTRACI'OR to the satisf'~ction of the Secretary or' the
DEP or his/her desisted representative.
If the CONTRACTOR fails to perform in a timely and proper manner, in the judgment of thc
DE'P, the DEP may te,.-mlna~e this Contract by thirty (30) days written notice, specLf)dag thc
effective time/date of termination. In this event, the CONTRACTOR. shall be compensated for
any work satisfactorily completed.
The DEP and the CONTRACTOR may at any time, by written order designated to be a change
order, make any change ia the work within the general scope of the Contract (e.g., specifications,
time, method or manner of performance, requirements, etc.). All change orders are subject to
mutual agreement of both parties and shall be evidenced in writing. Any change order which
causes an increase or de."rease in the CONTRACTOR's cost or time shall require an appropriate
adjustment and modification (amendment) to this Contract.
The CONTRACTOR shall maintain books, records and documents directly percent to
performance under this Contract in accordance with generally accepted accounting principles
consistently applied. The DEP, the State, or their authorized representatives shall have access to
such records for audit purposes during the term of the Contract and for three years following
Contract completion.
The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest
which would conflict in any manner or degree with the performance of'services required.
The CO*"I%~.CTOR warrants that no person or agency has been employed or retained to solicit
or secure this Contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee except bona fide employees or agencies maintained bv the
CONTRACTOR for the !~urpose of' securing business. '
The DEP reserves the right to unilaterally cancel this Contract for refusal by the CO.NTRACTOR
to allow reasonable public access to all documents, papers, Ietters, or other mate.ial subject to the
provisions of'Chapter 119, F.S., and made or received by the CONTRACTOR in conjunction with
this Con~ract.
DEP Contract No. GC526, Page 9 of 11
It is hereby understood and agreed that in the event the DEP makes a clear determination that the
CONTRACTOR has breached this Contract to the extent that the CONTRACTOR is (at the sole
discretion of the DEP) inadequate to administer the Storage Tank System Compliance Verification
Program, compliance inspections and preliminary enforcement activities under Chapters 62-761
and 62-762, F.A.C., and Chapter 376, F.$., for regulated storage tank systems in its jurisdiction,
or that such program is being carried out in a manner inconsistent with the requirements of this
Contract, the DEP may, as an alternative to termination of' this Contract and at the DEP's sole
discretion, require corrective measures to be taken by the CONTRACTOR
period of time, not to exceed 45 days. In the event the CON'IRACTOR fails ~ take ~' -- .....
OOT ! 1997
I0.
Il.
12.
necessa~ coz~ect~ve at,on with~ the t~Tse requi~ed, thc DE~ ~y t~'~nate r~s Contact in
accordance wi~ paragzzTh ~ of t~s section.
A per, on or affiliate who h~s been placed on the convicted vendor list following a conviction for a
public entity crime may not perform work as a contractor, mpplier, subcontractor, or consulunt
under a contract with any public entity, and may cot wansact business with any public entity in
excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period
of 36 months from the dale of being placed on the convicted vendor list.
The CONTRACTOR shall comply with all federal, sure and local rules and regulations in
providing services to the Department under figs Conwact. The CONTRACTOR acknowledges
that this requirement includes compliance with all federal, state and local health and safety rules
and regulations.
No delay or failure to exercise any ritht, power or remedy accruing to either party, upon breach or
default by either parD.' ur. der this Conwact, shall impair any such right, power or remedy of either
party; nor shall such delay or failure be construed as a waiver of any such breach or default, or
any similar breach or default thereafter.
13.
This Contract is an exclusive contract for services and may not be assigned in whole or in par~
without the written approval of the D~artrnent.
LIABILITY
To the extent required by law, the CON'fR.ACTOR ~ill be self. insured against, or v-Ltl secure and
maintain during the life of this Contract, Workers' Compensation Insurance for all of his
employees connected with the work of this project and, in case any work is subcontracted, the
CONTRACTOR shall require the subcontractor s/milarly to provide Workers' Compensation
Insurance for all of the latter's employees unless such employees are covered by the protection
afforded by the CON'TKACTOR. Such self. insurance program or insurance coverage shall
comply fully with the Florida Workerf Compensation law. In case any class of employees
engaged in hazardous work under this Contract is not protected under Workerf Compensation
statutes, the CON'TRACTOR shall provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department, for the protection of his employees not other-'isa
protected.
The CON-tRACTOR, as an independent contractor and not an agent, representative, or employee
of the Department, a~ets to carry, adequate I/ability and other appropriate forms of insurance.
The Department shall have no liabili .ty except as specifically provided in this Con,act.
Each party hereto a~ees ',hat it shall be solely respons~le for the negligent or ~wongl%'.l acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either
party of its soverei!m i~mLtni~ or the provisions of Section 768.28, Florida Statutes.
SEVERAB. ILITY
In the event one or more provisions of this Conwact are declared invalid, the balance of this
Contract shall remain in full force and effect.
RE.XL-XIN'DER OF PAGE IN'I'EN'rlONALLY LEFT BLANrK
DEP Contract No. GC526, Page 10 of 11
OOT 1 199
ENTIRE AGREEMENT
J! iS hereby uudermtood a~d ~greed o,,t this Co~u-~c! stmtem the entire agrcern~ut and tha~ the
par~es are not bound by any s6pula~ons, represenutions, agreements, or promises, oral or othe:wise, not
printed tn t~s Con~act. This Con~act may be modified by wzi~en amendment executed by the par~es
hereto.
COLLIER COUNTY. BOARD
OF COUNTY COIVLMISSIONEKS
By:.
*Title:Tiaoth¥ L. HancoCk. AICP, Chai~nan
Date:.October 1, 1997
DATE:
ATTEST:
Dwight g. Brock, Clerk
FLORIDA DI~ARTMENT OF
ENVIRONMENTAL PROTECTION
CMef, Bureau of Pe~oleum
Storage Sy~ems
DEP Contracts Administrator./
Approved as to t~or~ and
legal sufficiency:
Thomas C. Palmer, Ass,.. Coy. Attorney
Approved as to form/legality:.
DEP"Assistant General Counsel
"For contracts with governmental boards/commissions: If someone other than the Chairmen signs this
Contract, a resolution, statement or other document authorizing the person to sign the Cunwact on behalt'of
the Co~'rRACTOR must accon~z, any the Con.ct.
L/mt of Attachments included as pen of 0,{~ Contract:
Attachment
Description (include number of pages)
Attachment A
Attachment B
Attachment C
Attachment D
Attachrn .~nt E
Attachment F
Standa:d Con.ct Definitions (g pages)
Task Assignment Notification Form ( l Page)
Poilu .:z=t Storage System Compliance Inspection Verification Pro~ Review
(7 pages)
Polluram Storage Tank System Inspection Report Form (9 pages)
Florida Petroleum Liability and Restoration Insurance Program Checklist (2
pages)
Contractual Ser~'ices Invoice Form (4 pages)
DEP Contract No. GC526, Page 11 of 11
NO. ~
OCT 1 1999
ATTACHMENT A
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Storage Tank Program
Local Government Contracting
Standard Contract Definitions
Additional Installation In~ections (Revisits)-USTs
Inspections performed at newly installed facilities in order to determ/ne if the
underground storage tank system was properly installed. These inspections are not counted in
the total number of inspections. Installation inspections should be performed at the following
stages:
Testing of storage tanks prior to installation.
Underground storage tanks after installation, but before backfilling.
Underground piping after installation and prior to bacldllling, preferably during
tightness testing.
Installation of release detection equipment.
After backfilling and before installation of concrete or asphalt covering, if
applicable.
Installation inspections can be performed at existing facilities for components, as well as,
total system installations, but only at the time of installation.
Additional Installation Ins'vections (Revisits')-ASTs
Inspections performed at newly installed facilities in order to determine if the
aboveground storage tank system was properly installed. These inspections are not counted in
the total number of inspections. Installation inspections may be performed at the following
stages for shop-fabricated ad field-erected tanks as applicable:
2.
3.
4.
Secondary containment and storm water handling preparation.
Tank installation and testing.
Piping installation and testing.
Secondary containment completion.
Installation inspections can be performed at existing facilities for components, as well as,
total system installations, but only at the time of installation.
REMA.kN'DER OF PAGE hNTENTIONALLY LEFT BLAaNK
DEP Contract No. GC$26, Attachment A, Page I of 8
^GE. I r
OCT 1 1997
Clean Closure Review Letter
A letter sent by the contractor to storage tank system owners notifying them that their
Closure Assessment Report has been reviewed and that no cleanup is requLred based on the data
submitted.
(~.leanup Notificatior~ Letter
A letter sent by the contractor based on the review of Closure Assessment Reports or
Discharge Inspections informing owners of their respons~ility to proceed with a cleanup of their
site in accordance with Chapter 62-770, F.A.C., or wait for Department ,,uthorization to proceed
with cleanup in accordance with Section 376.30711, Florida Statutes (F.S.).
Closure
The closure of a tank(s) or component(s) bom a single excavation or location (AS'I)
during a continuous time period.
Closure Insvection
An inspection performed during or aler a storage tank system closure event in order to
determine if the system was closed in accordance with Department rules. Additional site visits
may be needed to complete the closure inspection form for a closure event. No compliance
inspection will be performed at a closed facility after a closu~ inspection.
Complaint
An expression of dissatisfaction received by DEP or local government personnel bom a
person who is concerned about a storage tank system installation, removal, operation, or
contamination situation.
.~omplaint Investigatior~
All xvork associated with responding to verbal or written complaints and inquiries
including the investigation and reporting of possible violations of storage tank system rules and
suspected releases. Complaint investigations shall be conducted by the contractor for any
complaints received from any source or as requested by the Department. The investigation
should include a complete and thorough Chapter 62-761, F.A.C. or Chapter 62-762, F.A.C.
inspection for regulated facilities as appropriate. Inspection results for regulated and unregulated
facilities should be written on a DEP-approved standard complaint investigation form.
Complaint Referral
If it is determined to be beyond the scope of authority of the contractor, a co
be referred to the Department District Office or other appropriate agency. The
DEl' Contract No. GC526, Attachment A, Page 2 of 8
mpl~rrf~ ~
:ferral °
0t T 2 1199ir
14-
includ6 copies of all forms a~d documented findings of the investigation as required by the
Department.
Cqmpliance Verification Pr~.rn
A locally administered program for the inspection of storage tanks as authorized in
376.303(1)(a) F.S. The purpose of this program is to determine and enforce compliance with
Chapter 62-761, F,.A.C. and Chapter 62-762, F.A.C.
Contractor-owned Facili~
regulated facility which is owned or directly controlled by the contractor.
pischaree Inspectioq
An inspection performed by the contractor as a result of a notification of a discharge from
a regulated facility or a potentially regulated facility. A compliance inspection where a discharge
is initially noted will only be counted as a compliance inspection and a DRF inspection would
not be required, however, a FPLRI~ chec 'klist shall be completed. A discharge discovered at any
other time would require a separate inspection within ten (I0) working days of reporting.
~nvironmental Specialist I
An Environmental Specialist I must have:
-A bachelor's degree from an accredited college or university with a major in one of the
physical or natural sciences or engineering; or
-A master's degree from an accredited college or university in one of ~he physical or
natural sciences or engineering; or
-Professional experience in environmental protection, regulation or health; one of the
physical or natural sciences; or engineering can substitute on a year-for-year basis for
the required college education.
Note: Substitutions for qualified personnel can be made at the discretion of the
Department based on the tenure of professional experience in a directly related field.
Environmental Specialist
An Environmental Specialist TI must have:
DEP Contract :No. GC526, Attachment A, Page 3 of 8
-A bachelor's degree from an accredited college or university with a major in one of the
physical or natural sciences or engineering and two years of professional experience in
environmental protection, regulation or health; one of the physical or natural sci...__~ees;
or engineering; or AG£~I~A/~TE/~ X
OCT 1 1997
-A m~ter'~ de~ee fi.om an accredited college or ~nive~ity in one of ~e physical or
nat~'~l sciences or engineering ~d one year of professional experience ~ described
above; or
-A doctorate degree fi.om an accredited college or university in one of the physical or
natural sciences or engineering; or
-One year of experience as an Environmental Specialist ! with the State of Florida; or
-Professional experience in environmental protection, reguIation or health; one of the
physical or natural sciences; or engineering can substitute on a year-for-year basis for
the required college education.
Note: Substitutions for qualified personnel can be made at the discretion of the
Department based on the tenure of professional experience in a directly related field.
~Environmental Specialist
An Environmental Specialist IT/must have:
-A bachelor's degree from an accredited college or university with a major in one of the
physical or natural sciences or engineering and three years of professional experience in
environmental protection, regulation or health; one of the physical or natural sciences;
or engineering; or
-A masters degree from an accredited college or university in one of the physical or
natural sciences or en_~:ineefing and two years of professional experience as described
above; or
-A doctorate degree fi.om an accredited college or university in one of the physical or
natural sciences or engineering; or
-Two years of experience as an Environmental Specialist I or higher with the State of
Florida; or
-Professional experience in environmental protection, regulation or health; one of the
physical or natural sciences; or engineering can substitute on a year-for-year basis for
the required college education.
Note: Substitutions for qualified personnel can be made at the discretion of the
Department based on the tenure of professional experience in a directly related field.
Envirorlmental Supervisor .ri
An Environmental Supervisor H must have:
-A bachelor's degree fi.om an accredited college or university with a major in one of the
physical or natural sciences or engineering and three years ofprofessional experience in
environmental protection, regulation or health; one of the physical or natural sciences;
or engineering; or
DEP Contract No. GC~16, Attachment A, Page 4 of g
OCT 1 3997 /
-A master's degree from an accredited college or university in one of the physical or
natural sciences or engineering and two years of professional experience as described
above; or
-A doctorate degree from an accredited college or university in one of the physical or
natural sciences or engineering; or
-Two years of experience as an Environmental Specialist I or higher with the State of
Florida; or
-Professional experience in environmental protection, regulation of health; one of the
physical or natural sciences; or engineering can substitute on a year-for-year basis for
the required college education.
An Environmental Supervisor II must supervise at least two professional environmental positions
to be classified as an Environmental Supervisor II. Ifthis criteria is not met, the position must be
classified as an Environmental Specialist HI (see requirements above).
Note: Substitutions for qualified personnel can be made at the discretion of the
Department based on the tenure of professional experience in a directly related field.
FPLRIP Checklist
A checklist completed by the contractor as a result of a discharge to obtain information
about the reported contamination.
Installation Inspections
The initial inspections performed at new facilities at the time of installation in order to
determine if the storage systems ~vill be installed in accordance with Department rules.
Underground systems require DEP Form 761-03-91. Aboveground installations require the
aboveground compliance form (DEP Form 762-01-91).
Laree Re~lated 62-761 8,: 62-762 Facilities
A registered faciliLy with eight or more regulated aboveground storage tan2< systems or
eight or more underground storage tank systems storing regulated substances that are either
in-service, temporarily out-of-ser,'ice, or unmaintained including bulk product facilities, bulk
terminals and groups of facilities with a single DEP registration number.
Level I En}'orcement
The minimum level of enforcement responsibility that a local government must perform
as part of the Compliance Verification Program. The Department has the responsibility, for the
lead in enforcement actions. The contractor shall foIloxv department enforcement guidelines and
updates thereto as specified in the DEP Enforcement Manual. The contractor is:
1. Issuing Noncompliance and Warning Letters.
DEP Contract No. GC526, Attachment A, Page $ of 8
OCT 1 1997
_
Conducting or participating in informal compliance or technical meetings with
owner/operators to resolve violations.
Documentation of phone calls, meetings, etc., to prepare enforcement referrals to
the Department.
On site inspections and re-inspections.
Testifying at heatings, witnessing as requested.
~evel 2 ~forcem,ent
A mid-level enforcement effort where the contractor is a partner in the enforcement lead
and that requires the contractor to have previously performed Level 1 enforcement for at least
one year to the satisfaction of the Department. The contractor must perform the following
additional actions:
Preparation of Case Reports.
Participation at hearings, depositions, and formal and informal meetings as
requested by DEP.
Participation in penalty calculations.
Preparation of draft Consent Orders, Notices of Violations, and Formal Orders.
Enforcement inspections as requested.
Level ~ Enforcement
The highest level of enforcement for a contracted local government where the contractor
has the enforcement lead and enforcement is carried out under the contractors ordinance. The
contractor must also:
1. Take the lead in the discovery process.
2. Be responsible for judicial remedies, including the determination of civil
penalties, injunctive relief, and assessment of damages.
Complete Consent Orders, Notices of Violation, and Final Orders.
Perform post judgment enforcement activities.
Obtain inspection warrants as needed.
Non-compliance Letter
A letter sent to a facility owner/operator after discovery of a violation or problem at a
facility.
Other Admirli~trative/Judicia] Actions
Notices of Violation, Consent Orders, and Administrative and Judicial Actions.
~'DER OF PAGE INTENTIONALLY LEFT BLANK
DEP Contract No. GCS26, Attachment A, Page 6 of 8
N~.~~
OOT 2 1 1997
Pullutior~ Recovery Trust F~d$
Any fund with disbursements made in a manner consistent xvith the intent of Section
403.165, Florida Statutes.
public Assistance
Public assistance includes all work related to providing technical, regulatory and other
information to citizens, government officials, associations, planning councils, and consultants in
order to implement the storage tank program for above and underground storage tank systems.
Examples include rule interpretation meetings or calls, speeches, presentations, and meetings
with local officials.
Re,later 62-761 & 62-762 Facilities
A regulated facility which has at least one storage tank system which stores a regulated
substance that is either in-service, temporarily out-of-service, or unmaintained, and includes
federal facilities.
Registered Closed Facility
A facility with one or more storage tank systems ~vhich have been re~stered as being
closed ~vhere there is no information or confirmation regarding the closure. If there are regulated
active tanks at this facility it should be counted under the regulated or large regulated 62-761 &
62-762 facilities category. These facilities should only be inspected once and are normally only
counted during the first contract year if applicable.
Re-inspectior~
A follow-up inspection performed by the contractor to verify, correction of
noncompliance items requiring verification at the site for storage tank system rules.
Re-inspections are required for all violations identified as having a moderate or major potential
for harm to the environment and a moderate or major extent of deviation from the regulations, as
referenced in the Storage Tv. ink Penalty Guidelines and Assessments Memo (1Ztl/95). All
violations, regardless of severity, involving notification or reporting ~vill not require a
re-inspectio, n.
Routine Compliance Inspectiorl
An inspection performed at a Chapter 62-761, F.A.C. or Chapter 62-762, F.A.C.
regulated facility during the contract period, for which an Underground Storage Tank
Compliance Inspection Form or an Aboveground Storage Tank Compliance Inspe :uon ~4~'~'\
been completed. Routine compliance inspections do not include enforc.-ment~O~~
reinspections. OOT 2 1 1997
DEP Contract No. GC$26, Attachmeut A, Page 7 of $
~Secret~rv $oec~Hst
One year of sccret~al or office clerical c.'~periencc and attainment of a typing score of at
least 35 correct words per minute on thc typing test administered by an office of the Job Service
of Florida, the state employment service of another state, or the central personnel agency of
another state. Possession of a Certified Professional Secretary Certificate; or College education
can substitute at the rate of 30 semester or 45 quarter hours for the year of required experience; or
Vocational/technical training in the area of secretarial science or office/business studies can
substitute at the rate of ?20 classroom hours for the year of required work e:cperience; or A high
school diploma or its equivalent can substitute for the one year of work experience.
Warning Lette.r,
A formal letter sent certified mail to a facility owner/operator when violations have not
been resolved as a result of a noncompliance letter or if the violation merits more stringent
enforcement. These letters should follow a format approved by DEP's Office of General
Counsel.
REMA~'DEK OF PAGE INTENTIONALLY LEFT BLANrK
DEP Contract No. GC516, Attachment A, Page 8 of 8
1997
Contract No. ,
Performnnce Period:
Description:
Florida Department of Environmental Protection
Task Assignment Notification Form
Amendment No. .. D-',te .
Task No. .
Effective the Date of Execution of the Task Assignment
or whichever is later and shall remain
in effect until ·
(Additional Pages ~lay be Utilized)
Payment schedule:
Task ~lanagers:
DEP Task Manager:
Contractor Task Manager:
Phone:
Phone:
Authorization:
DEP Contract Manager
Contractor's Contract Manager
DEP Budget Representative
Date
Date
Date
Funding
Notes:
CC: DEP Contracts O, tS 93)
Finance & Accountin_e, Con~r-~cts Disbursement Section (MS ?$) - 2 Copies
DEP Task Manager
Contractor Task Manager
DEP Contract No. GC$26, Attachment B, Page 1 of 1
Compliance Inspection Verification
Program Review
The purpose of this review is to gauge program performance, specifically betnveen the fifth
and tenth months of the task assignment. Our ultimate goal is to ensure effective
commumcatlon behveen the Contractors and DEP. This communication should be in both
written and verbal formats.
Each section contains an area for comments. The comment section should be used to explain
deficiencies as well as to highlight superior performance. These reviews will become part of
the Contractor's permanent file. Every effort should be made to adequately sample the
Contractor's performance with emphasis on inspection type, facility type and inspector
competence. In all cases, common sense and discretion should be used by the reviewer to
ascertain the level of effectiveriess of the Contractor. As we collect these reviews, this
information will be important in developing future contract and /or task assignment
performance standards.
It is also very important to perform these reviews in a timely manner. The rationale for
choosing the period be~veen the fiRh and tenth months was twofold; The fi~h month is early
enough to identify problem areas and the tenth month allows adequate time to correct
deficiencies.
In summary:
1. Provide Comments
2. Highlight Deficiencies & Superior Performance
3. Conduct Reviews during the Fifth and Tenth Months
4. Provide Copies to Contractor, Contracts Section and
Pro,am Administrator of the Storage Tank
Regulation Section
5. Make Sure to Discuss the Complete Review xvith the
Contractor, if possible, the same day. Distribution
should be made within 2 weeks of completion.
DEP Contract No. GC526, Attachment C, Page I of 7
OOT g 1 1997'
Pollutant Storate System Compliance Inspection Verification Program Evaluation
County, DEP Contract No. GC , Task Assiizunent No. _.__
Evaluation ( .. through ...)
Facility Inspections & Enforcement Actions: (see Attachment Ft Page 4)
A. The pro/lam is fallin$ within established compliance rates.
B. The pro,ram follows established enforcement case re£erral procedures.
C. The pro/ram refers enforcement cases in a timely manner
H Data Management:
A. Contract'aal Service Invoices, Pors, Compliance Activity Summary, Inspection Torres,
and lists of unregistered facilities properly completed and submitted to the Department no
later than thc 1 fth of the follo~,~ month of' operation.
B. Up<bred inspections in STCM no later than the 15th of the month following the
inspection.
C. Compare STCM, PORS and Department copies of the Compliance Inspection Forms.
The reported numbcr~ on all three should match without ~xception. (POI~ repons should
be submitted with copies of ClYs).
D. DRF inspections performed within I0 days of receipt.
E. TCAR's reviewed and appropriate followup letters issued.
F. PCT fully updated in a timely mauner.
G. Each facility's latitude and Ion.camde coordinates verified and da~base corrected, as
necessary.
H. EPLRIP checklists completed and FPLRIP/ATRP/PCPP packages submitted to DEP
within 30 days of notice of DRF.
I. Completion of the required inspections identified in the current Task Assl/;nrnent in
accordance with the schedule set forth in the conwact. If the completion rate is less that
95% the f'mal payment of the Task Assiizunent will not be issued.
DEP Contract No. GC526, Attnchment C, Page 2 of 7
Y
OCT 2 1 1997
III Stzffing:
A. Staff supervised by aa individual at the DEP equivalent ofFS ILl or Higher.
B. Level on~ ~d two enforcement actions performed by m individual at the DEP
equivalent ofFS II or higher.
C. Inspections co, nductcd by ~n individual at the DEP cquivaleat of
D. Clerical a~vities performed by ~n individual zt the DEP cqulval~t of Secretary
Specialist o~ higher.
E. All applicable s~affmcmbets have received proper OSHA health and safety training.
F. Supervisot~ and/or staff members anend the required meetings, teleconferences and
training.
G. All i~pectors and enforcement personnel have passed applicable training courses.
IV. Public Assistance
A. Responses to public assistmce requests are completed in a timely manner.
B. Complahat investigations are performed a~d documentation submitted to DEP on a
monthly basis.
timely fashion.
D. Reasonable public access pro~'ided for all facility files. ---' "--'
V. - Program Management:
A. Facility flies properly labeled, rn~i.v,~a~,ed, Md organized -----
B. Enforcement case referrals submined to DEP as necessa~. -
C. Proper anendance at scheduled meetings. ----- '
D. Complete andcurrent set of reference s~ndards mai~alned. ~ -
¥
O OCT g I 199
." Dg? Contract Noo ~C$]$, Attachment
£. Recycled paper used for prognm correspondence.
F. Corrective Action Plan submined to D£P within I0 days of rccicpt ot'a wrinen request
from the DEP project nuaager as applicable/necessary.
O. Corrective Action Plan successfully hnplcmentccL
H. B~ach of con.ct corrected wi~- 4~ days as applicable/necessary.
VI. Accounting
A. Financial books, records and other documents mait, uincd for current end previous lears'
conil'acts.
B. A separate account wi~l~- thc Con~rac~ors sccounting system h~s been maintained for the
contract
C. PORs report nutcbes physical copies of Compliance Inspection Forms (CIFs) and
STCM. For repons that do not match, the county should be contacted and provide and
c.'cplanation. Unmatched POR's billings should not be mbmincd to finance and accounting
for payment until reconciled.
VII. Equipment
A. Computers, terminals and printers arc maintained, on site, and available to storage tank
pro,ram staff.
B. Staff are trained in the proper use of computer and field equipment.
C. Field equipment is maintained, in good working order, and cah'l~'ated.
D. Prosram has the necessary equipment to perform the inspections.
VIH. Inspection Report and File Review: (see attached Exhibit 1)
Comments:
DEP Contract No. GC526, Attachment C, Page 4 of 7
OOT l ! 1997'
IX. Field Inspection Evaluation: (see attached ExMblt 2)
X. Contractor Input:
A. What problems have been encountered?
B. What changes should be made?
Comments:
Review Completed By:
DEP Contract No. GC526, Attachment C, Page $ of ?
Date
OOT ~ 1 lg9?
_STORA(~E TA~K FIX,E REVIEW
Conlracfor Name:
Inspection R~o.s Ye~ /~'o Yes No Yes No res No Yes No
Information
tn~or
~uE ~ompl~t
V~la~m Summar~
R~ulM of
MonJto~n~afler
sampling nord
Owner/op~ntor
signature or ~dence
of mailing
R~I~ns iniflal~ ~
~l Items complet~
TIn~oil Dis~sltion
~ot~ ,
Kvldence of
contra'lion not~ I t
Upcomlnl Up~rnde
Deadllnfl Not~ (')
Corr~ondence y~ ~%~ J Y~ ~o Y~ No Y~ No j Yes ~o
Issued to R~pon;ibl. ~
Pn~ 24 wee~ from
date of lnsp~tlon
Codified Mail R~eipt I
A~ached
D~P.Appro,'ed Format J I
with N~per ~tatlofls
~me F~me
Co~e~ion(s) Not~
~ile j )?s :%~ [ )~s ~Vo Yes ~'o
Contents Compile and J
~le in ~ronolo%l~l
Order
fhotos Inbe[~ with I
FAC ID~, date, Initials
and o~enta~on
Me'in' & Ph°n' Calls Do~ment. I
Signature of Re~'lewer:
Attach Separate Page Explaining Deficiencies
Date:
(*) Suggested but not
DEP Contract No. GC526 Attachment C, Page 6 of 7
;eq.lr..a. GE ?pt
OCT ]. 1997
Exl~iblt #2
1. Were the proper inspection forms used?
2. Were the inspection forms properly completed? .
3. Did the inspector ex~lain the inspection to the..
facility representative?
4. Were appropriate corrective actions recommended.
and time frames included on the form?
S. Were violations accurately recorded and
and described on the inspection form?
6. Registration forms distributed and revised as
necessary?
7. Proper use of safety e.cuipment?
Yes No N/A
8. Proper use of sampling eTaiDment?
9. List any differences between inspector's and evaluator's
inspection results:
10. List facilities inspected and attach Inspection report form, s:
11. OZher Comments:
DEP Contract No. GC526, Attachment C, Pa~e 7 of 7
ATTACH~IEI~'T D
aVlorida Department of £nvlronmental Protection
T~ln To~x'~ Office BId~. · 2600 Bliir Sram RoM · Tall~se~. F~oddz 323~9-2400
Division of Waste Management- Bureau of Petroleum Storage
Systems
Storage Tank Regulation Compliance Inspection Cover Page
'1
Facility ID Number
Facility
County#~ [
Check type of tn~ectlon performed and attach approprlttte form(s). Provlde or correct latltude/longttude when appropriate.
Activity Code De~riptlon Atth'lry Code Description
i ! ,ici .ST ~mp~i.~e t.,~ao, i ) ~Cl USXC~Iia~e
( ] A~I ~T ~la~t Co~li~c~ ~ec~on (co~pla~t r~v~) { ] ~i UST ~laint ~mpliance ~gon (complaint r~civ~)
[ ] A~ ~T ~llation ~on ( ] ~ UST ~llagon l~pec~on
~ } A~ AST I~mlla~on Re-~it ' ~ } ~ UST ~lla6on Re-~sit
[ } A~ AST aosure Re-visit · I [ I ~ UST G~re Re-~sit
· lnspectfon Re-visits do not remit in the completion ora new in~ec,'ion form; re-~sits are conducted to monitor installatior,'closure ;rogress only.
Completion Notes - please print clearly
A re-inspection of this facili~' will be scheduled in approximately
da?~ to verify correction of the violations noted herein.
· be re-Inspection resulted in CWOE- Compliance Without Enforcement (circle)
lnsp~ctur Name - please print ·
Signature Date
YES NO N/A
Dill* lrerm 961,.01-~7
DEP Contract No. GC526, Attachment D, Page I of 9
Facility Represent*five Name. pl~Jse print
Sllnature Date
OOT 2 19g?
REGISTR.-~TION/NOTIFiCATION: Con. ems:
:~' - ..- Facflityhzstegistered~llapplica'olet~n]csons'ite;62.762.400 ;.:~i:;J '.":~ ""
2. Current regis:ration placard is ~roperly displayed; 62-762.4 I0 (6) 2.
Proper notitlcation has b~en made for the following; 62.762.,150:.
=)".i5.:'~'3."~:; :~f~d0"m~tandci0su~O0da-~l:rior~,0)(a) . : .-:...'.':,:::'.v':'"~";"' ~.'. :
..... .. ............................... i??, .. · ';.::f~-'.~ ,~.~:.:¢:.:~ i..~; .: ' . ;;....: . .: ' ""'" ·
4. Chan~e of'ownership (30 da~ a,qet); (I) (b)
~. ,?,,--..,~.....;:.... :~.. ¥ .;. :.
6. Change of'etak status (in serv~ct~out ofservice); (1) (d) 6. I
:/!?;5':?.'"i i" ..... 'Ch~ige'ofr~'liiy. ......... m~ (e.S. ~ranc~s ~tored); (t) (e)' : .;". :..:"~ .?": .i'~.'" ' .... · ~ .. 'i "i' '.'"" :..'
8. Change of'method of fln=cial resl~ons~ility (within 30 davs); (2) $.
.' :~/:'?.' ~."T~e n~u~ ~,,~r:opemor noti-~ed D.r_~. orint~al ~ ~,;~:tlo~ ~4 ~ ~o~ ~o the te~:
:..-:.?;i ii-: ;~'.'0).~:. '. ' .' :-:..: . ' '"':" .'
I0. Loss ot-~.eat'~t tha~ 100 Jall0ns on an impervious Surf',ace or .~00 gailons i~side'~on~ar~ i0.
containmrat within one workLng day; .~50 (4)
IL RECORDS KEEPD,'G: Comments:
J,~'~;.?':; ' ! 1. All r~Cords wer~ rmsinta~':ed for ~.¥o (2) ,,.'e~s a,':d were a,.-aiL~!e for inspecdon wlth~ five (~)
... working days; 62-762.710
! 2. Some, but not all records were maintained for r. vo (2) yea:s :'.d were available for inspection
within five (5) working days; 62-762.710
III. REPORTING,DISCH^RGE REsPoN$;..' REPAIRS: Corn.menU:
~ I
Proper reporting requirements met for the following; 62-762.460:. --
'il;i~}::':' . .. I3. Integral piping tigh~ess test failure within 10 da~; (!) '- 13. i ." .: .5.:
14. Pollutant discharge exceeding 25 gallons on a ~en'ious mr:ace; (2) 14. -
-. I$. Positive response Of a release de:ecfion drvice with one worLfng day; (3) 15. . ':." · :..
The owner or the operator of'the sys:em ,.¥hich hu discharged has:
~ ":'.. .'16. Taken it out-of-sen'ice; 62.?62.?OO (l), had i: rr;airtd or rerlaced: .700, ot propcrly 16.
closed it;. 800
17. Removed any regulated subs:z,'~cts fi.om ihe sys:em; 62-762.S'.0 (I) 17.
I
~.: '.- 1 $. Tightness lcst~ all repaired comr-'onents be£ore placing fi.em back in serviCr, 62-76Z?00
i.":: L... & (6) .' ' · .; ..... . ~ ~ =__,
19. Begun inltial'corrective actions for a release; 62-76!.8!0 (2) I
INVENTORY REQUIlLEMENTS FOR TANKS I>; CONTA(i~T WITH THE SOIL: Comments:.
1
Ta~e i o~2
/
20. Ail inventory rcquircmems rr-qntained in accordJncc with 62-T62.?20 (I)
21. Some, but not all inventor,,, requirements maintained in accoMance with 62-762.720 (I)
· ' ~EP Form 762-01-91 (2 Pages) Revised by DRR ~-.1-95
DEP Contract No. GC526, Attachment D, Page 2 of 9
A.130VEGROUND STORAGE TA}rK
CO~[PLLau~CCE INSPECTION FORM
Fzcili~;l.D.#:
D~e:
Storage taz~. criteria; 62-762.500
23. Me~ a~licable stooge ~ ~d~: (I), (2) & (3) 23.
25. T~k ~uf~ ~ ov~ll p~te~on; (3) (~ I~, (g) 25.
Piping ~te~a .....
27. Me~ ~on ~% ~h~ule; 62-762.510 (3). ~ ~20 (2)
29. ~mm ~nl of~e r~uit~ c~n~t prior to beinl btouzht back into se~ice; (5) 29.
Ca~ic ~ot~; 62-762.T30
Seconda~ con~i~m~ 62-762~
32. Is ~e c~i~t ~m ~e O~ of impious mat~al ~ accord~ce ~th ~apt~ 62-762, 32.
F.A.C., requir~m~; (~ (a)
~4. Hydmt pits equipped ~ ~ill prevention ~uipment; (~)
I I
"-'~ ...... J ...... 3'6~" ' Mo~kor~n$ Wells properly designed, constructed~nd.inml!ed; 62:?~.~.,.640..o.r 62-762.600 (6).
?,:~:i~i~!ii.I. ?:..!:i371.1.".!iltMe'~iti.~! m~)ni~O~ag'~deqU~e to'.d~tect a release 6rom iate~z~l plp!ng; e2.Te2.eoo (.t) & Cs).'
35.
Vii.~.~ OUT-OF SERVICE STATUS; Corru'nents:
:.ii,'.4.,..~'i','...~ iii' .35. 'Azethecorrosi,~;epr0iCction~CVicesproperlvmaLntz{ne'J;6-"'?62-800(i}(a)" 3S. t
39.' 'is the Vent line and other anci!l~-~y equiTmcr~t ~r0p~rly secur~ and tn~intaincd; (I) (b) 39. I J
!'~', . 40. 'Test performed to insure the in:eD'icy oi'out-or-service ~'sze."d prior i0 be{rig returned to 40. [ I . ,. J
.... r:.-....- ,. '~-. 's~iCe; O) (c)~:': .:,., ',.: '. -' :'., .... :.' .... ':,:.i:.~.!i:i?i::.,~:!::..':::..i:.ii:;~.:::.:::? ~: .".,,. '..... :
7'./,~?: :: :':',' '" ..........
~VIIL VARJ~N~E? Comrnen~s:
· :~,'~!i :::i.~!'J.: ' .!"." 4L' .. i~a~"~e"~'a~ility: for an Alternate'Procedure; 62-762.$50 (I') '-' ":!:!!'?'i:!:~'::!i~:?~.ii:'ii":'~.:il'I';I i'::' ".: ii' : r' :" 41. I ~ J:
DE? Form 762.01-91 (2 Pales) Revised by DRJ'i 5-1.-95
D1~.? Contract ~o. GC$26, Attachmeat D, ?z~e 3 of 9
OCT g 1 1997,, ~
FaeHi~ I.D.#:
Date:.
U,'NDERGROUND STORAGE TAN~
CLOSURE INSPECTION FOP, aM
L REGISTRATIgN AND NOTIFICATIQN: 62-761.400 & 450 FAC: Cornmcnts:
,~:.~.~ :~:,.~' v:": ".'.:,~-:': ............ '" ...... ~ ..... "" '?'~:":'::::'"~'::"2::;'~".'.;' ;"' ~:'-'"' .........
t
2. Proper notification rnzde 30 ~.vs l~ior to tznk(s) closure; .405 (1) (~) 2.
(~LOSURE ]~ROCI~DUR~S/~TATU$: 62-761.~00 Comments:
5. Storage trak(s) properly closed and removed from the site;, C2) (d) 5..
'7. Storage t~(s) properly closed within gO clays of discovt~, (2) (a) '7.
g. Storage tanks properly purged or incrte'J prior to transport; (2) (~
I 1. All monitotin~ wells left in place for contamination assessment purposes; (2) (0 I I.
] 2..:;. A.11 momtorZn~ Wefts have 1~eea pro~rlv abandoned; .~00 (2) (0 ".':~'i '-: : '." 12.
]3. A closure assessment was proFcrly pcrt',ormed; .800 (3) 13.
!11. DISCHARGE REPORTING: 62-761.460, F.A.C.: Comments:
IV, DISCHARGE RESPONSE: Comments:
17. Free pr~u~ beln~ r~ov~; 62-T61.8~ (3) (~ & 62461.820 (2) 17. ~ ~
CO1TL~eI1L~:
DEP Form 761-04-91 (I Pale) Rm'ised by DRH 5-4-95
DEP Contract No. GC526, Attachment D, Page 4 of 9
No. 1~/
00T 1 19f ,
U~'DERGROb,'ND STORAGE TA~
L~STALLATION I~SP£CTIO~ FO~M
TANKS pER. FOR-M,~(;I~ ~TANDAI~DS: 62.761.500 Con'~nenm
:.~:i". ':'.: 5~" T~ks dcsi~ ~nd cons,-n:c:~l ora;proved rn~tctlals ~:c0rdi~'J0 r~'J'~'c~cd s~nd3rds; (!)
~' .' . · · ' i. i-' .'.'.:'i:J::~'?;~?;:..... .
:~¥-' :.:.... ,;.., (a) ...... ...............
6. Tanks tested prior to ins~llition usin$ r~fe~enc,"J stznd~rds ~d rn~nufac~'cr's instructions;
(~)
i"- .1'9. Used' l.~nks re-cmi~ed, prior Jo i~ll~-~on; (!) (c) ... ".: ii"' ....
..... $. Sccondzry conzalnment prese..,i to h,.z~dous substance s~omi~ .500 (1)
,_]~ ~. J TANK EXCAVATION~ 62'761'500 ('~) ~i"rm~s:
~.~':(~ J J~ :"~ 9." T~nk CXcavlfion'do es nol jeor~d~ ~.c foundz~ons ~ ~y ~Site ~fldinj; ~A ~ 0
......... J ........ i0. ' T~ cxcava~on proHdes a mZn~m c!e~ce o~ 12 (stc~ or'IS" ~) in all he,zonal
J directions; ~11615
, ;~;;.~' '-'~/fl '~(. ';' l 1. T~k ~ti0n is deep ~ouik Io ~s~de far ~gl ~Iow ~ ~Rom of at I~ ~ (ged)
?;~'-~' J"'"' i~: ~ro~)c;~li~}lo$n.~c~4, cov~d~isamin~mof24';ora~nimumof
J ~: J reinforced con~c ~TPA .0 + ~11615
J'~. ~;':;::,;.J. :.::': E~ ! 1. ' ~or t~ located ~
J~?'~ ~;~-'~ :' ~ ~ plus 6' t~forc~ c~ or S" ~hnlfic ce~:~ '.~ 30 + APl 16I~
[?~:~? ~] '.'.?' ! 5.' M~mr~ ~cifd r:jd~-~'Dvd or ~hg s~.:d ~P$) ', ....
J............. 16J Second~ containm~t lin~ w~e ofi=D~ious coap2::}'e ~,a~e~l]i a~d prop~ly in~all~;
' , .5~(~e roel ~chor~~
J';'~ ::~' : I% T~ks~ p ~ry .
J .......... 18. T~ks scp~t~ ~om a h~d sm~c~ by i ~ s~d?
J'-;?': '.' ~" 19. ~ SJccl ~ks ~e elc~c~lly ~oI~:~ 6om ~chor s~Fs?
10.
11.
IL
13.
l.I.
15.
16.
1%
I$.
I9.
IV, CATHODIC SYSTEMS.- Commcnts:
C:uhodically protected tanks and pipir, g
(b) & (c) especially reg'-dins the followir,~:
:i' '-:,: ::.,'.'he': 20. Tanks ~roperly coated 20. J.:"- :~",?j-":
21. Tanks proFerly isolated 21- J
?ipin~ .~,~ r J , ..J . .
"' 22. PipJn~ properly coated °- '
' '.'.".':i.. .... 23. Piping properly isolated 23. J j
Sacrificial Anodes "'"1
.:..' ' ' '' . 24. Anodes insmll~ in lhe manut'acmret-~ecified baclcfilt 24.
· " 25. Anodes unwrapped from packin~ prior to installation ~ i'~'Ol~b~-.rrr.~L ~ " J".
'i/~:..~,...?i.i~:~i ':'::!' 26.': Connection made be~'een the protec~ed struc.n.ure and the anode le:~lWir¢ 26.
-Da- o P.-) OOT
DEP Contr:~ct No. GC$26, Atiachm~nt D, Page
~ V._,. ! PIPING EXCAVATIQN/PER. FQR~MA~C]~ STANDARDS: 6Z761.500 Comments:
~':~'":~' ?"' :: ........ ~ ....... "" ""' ................. ~"'"'"': .. '..~:=~:~;;.?::.;::.~'~';::~,.~.'~."~!,~:-:~ ?:.,'=:~::::':(?. ;:', .. ~ .: :::33. . '- - .-...,...:. ..... .:..,'. ~:
....... .34.., l~i.p~., g designed and constmc:e'J to meet manufacmr~:s standa~Is 34.
~Ji , ....... ,....36..¥ ...L!~...e?...u.sed fo~.s~cond~ co.,~ent me~ ~f~c~ ~; ~ ~ ~d .~ ' 36.
~' ':~7~'~. 37.'.:::.Piping bac~]l consi~ ofweH<e~t~, non~6~ve'~c~l[ b~ ~ ~u¢~ 37. .. i .:.=.-~
........... 38.:,,., N.~?me~!~i~. piping ~all~ ~ accord~ce ~ ~ufa~r,'s ~ifi~fio~ ~l 1615 3S.
40. Pr~uct ~d vent I~ slo~ back to ~e t~ ~I 1615 ' '40. -
: LEAK DF-II~CTION/TESTFNG
Oen~ reclutrtrm'nm 62-761.640~
~:~!~;.:i':l .:ii:~'::r-:':-4~-:,~~0~"sT~'~minc°mpliancewithCh~t~'~2'76'l;'F-~-C::':::::?. ': ~:.:';:"-::"" -: ' ' "46.
47. Monitoring well placement meets reqmrements of 64O'& 6~0 ............. 4
]:::.f."j~.:i.':~::I "..::::::.:::';:.4~...::;:::.Ifi~tial.~io~&'.pn~i-rly~ll~.610, .620.&":~:~0:..'::.:!':':.'.:.:'::.:::::':'.::.::::: /..:.:... .. ::.:" :.' . ' ."":4S.
49, Monitoring we]Is h'tstalled and develolx-d in suitable groundwat~ conditi°ns;' 6'10 (I)
· -x..~...-,~:.~. ...~-...::.,- .................... ..,~.... . .%.. ...... , . . ... . ... .> .., , ~ ....... .
:?Monitonng wells.mstallod for ,,l~ropriate product s~o/~-d;'(1) (a) ?.~,i <.': .:!:ii'..i.' :.' :..' . .:..' '". ' .' ':' $0.
I Monit0dn 'W i'l co m tion 2.761. 0: ..................................
Form 761-03-91 (3 Pag~) Ravised by DI~'-! $-4-95
DEP Contract No. GC526, Attachment D, Page 6 of 9
No,
Page
OCT 1 1997
UNDERGROUND STORAGE TAI~
D4STALLATION INSPECTION FORM
Fscility I.D.S. _
Date:.
DEP Form 761-O3-91 (3 Pages) P.~vised by DRI-I 5-4.-95
DEP Contract No. GC526, Attachment D, Page ? of 9
CO.~fPLL~NCE INSPECTION FOI~M
Faciliw I.D.#:
Date:
~.~_~..~ Cornmcn~:
?'- "i l 0. Ali ~C°rds were mahntair, ed for two (2) ,,.'ears amd were ,vzihl~le for' i~M)~:ti0n within
'?'.¥.'~:1 "::' ' - 'five t~ workint days; 62-761.710 (l) ~ ~. ..
in~ecgon within five (~) wor";~ng days; 62-761.?10 (1)
EPO T~.G~D[ HAR ERE P N E. ?AIRS:Comn',.en~:
Proper rc~oning recluircmen~ have be.-n me: for ~,he foilo~ing; 62-761.160:
12.
12. R~'ults oftishmeSs tc~;'(l) '
13. Any spill, overfill, or othc disch~e within one wo~ing day ofdi~o~e~ (2) 13.
1~. S~:~ rele~es ~th~ o~c wc~lini day of~scov~ (3) (O,
15. ConWood relc~es ~osi~ve :~onses ofa ~le=e get,on d~ce) ~thin one 15.
wor~ng day of di~ovc~ (3) (c)
o~ or the op~tor or,he ~t~ w:~ich h~ disch~ied h~:
closed i~ .~20 (I) .
IT. R~ov~ ~y re. la,ed subtracts ~om the ~'stem; ~2-T~i.~20 (i) IT.
18. Ti~hmess tested ~ r~a~ cc=~on~u ~efore placin~
19. Had r~i~ or replacemen~ ~o~ed by I ce~ifi~ conic:on l~9.10i (t) 19.
20. H~ ti~hmess lest ~ffo~ by tegis:e:~ ~k te~ &2.T61.100' " 20.
21. Begun mmal conecuve ac~or.s .or a relent; 6~-T61.820 (2)
. 22. All inventory rcquiremeats maiataiaed in accordance with 6_-761.720 (i)
23. Some, but not all inventory, r~uire.'nents maintained in accordance with 62-761.720 (I)
~ ~T~ z A'I'~ DIC PROT N: Corn,'ne,,ts:
Storage tank criteria; 62-?6 !.~00, .520 ~r,~ .. o 0.
25. Systems meet siting re:luirem, ents: (4)
26. Tank(s) equipped with spill contair, rncnt; (5) (b)
i 27. Tank(s) equipped with oven311 protection; (5) (b)
i!i ·. 28...FaciIRy me.~s construction uggr'atinl schedule; 62-761.~ 10
DEP Form 761-02-91 (2 Pa~s)
DEP Contract No. GC526, Attachment D, Page 8 of 9
2 .J I" I
27.1 '" I I
25. L__1.._1:_ i I I
b.'%"DERGROUND STORAGE TANK
CO.X,~LLMNCE D, iSPECTION FORM
N~me:
£',cili~ I.D.#:
Date:
~CA'~'O'~C PROTECTION: Continued:
Piping criteria; 62-761300: ...... .:... ......
.?~ii ?~'; 29~' ~' lqt~ p~ping'h'M' SecOnd cOnlainrr'ent; (2).. ' : . i .~ :.z ;.:., , .i :. ......
, 30. Dispensers are upgraded with l:roperly in/tailed and maint~ed li~ners; (6) .... ',
;i'.:~;!~.::lt:-:?YiC~i'~,'~t~ ~°~u~°,' u;,sr~i~s g.,,ed~u; .... ' ...... ";~'' ;' .... ..' :'~l.
Cathodic Protection/Certified Contractorsq'ighmess Testing
!!i:::!i.~3Z 7i~i~a/i~'~0~ai&'ns~ pv, i..cieS Cominuous'Pr0t~tio~i'62'76'l:?~6'ii}L(4)"?'~'~ "" 7 .. ' '.. ~.32-
33. PSSSC conducted ~ll sto~ge'~'tk ~pa~, inr, allations or removals; 62.761.740 (I).-(9) 33.
:::?~4.',:!i:!~;wp~0~.~X,~.p.R..relest~red~,~.62-76~.7~0-;~:':::,4~:./~?.~::;:';.::?.:''. .. .... . .-
~ N/M NITORIX;G WELLS: Con',re, ones:
::::-.' ~,~ : NL-~trblcUm~rh~dous~bs:ancest0ragem~s~°vide'ci'~."~han~ppr~vedrcleas¢ ..' '.35. I .
..... . - . . . ~ .
;::"' tecnan emu nm*salla o~6 761 600(3)
:".37. '. Relc~e:detecti0n's~tems arc r~onitored for a discharge at least every 30 dayr, 62-761.600 (5) ·: 37.
...... 3iL" 'Groundwater monitoring wells ~c Froperly sampled and meet requirements at' 62-761,640 (1)
:. 39' i .vap°r m°nit0ri"g wdlS are prol:erly san.pled gad meFt the.r~uir..m~.?..o.r 62~761.6-10 (2) ' ' 3~.
approved rcicase detection sysxem is l:rovided for.
" ....... 43. lntc~l piping provided ~%h s~or, d~ contz?~t; 62'761.630'
~1.
42.
43.
,ii.
OUT-OF-SERVI ETA S:Comrr. en~:
i: i:" ' 45~ :':i S~0~ge systems have been em;tied ofregulated subst~ncer. 62-761.20~ (26) '"
~iV:;/. [ .i 46; 'C0n'oSionProtcciion prolxrlv m=axained; (I) (a) (1) : · ::. ';"i; :.'(: ' . ·
...... ] 47. Rcieasc detection system, moni:ort'd for evidence ors disch~ie a't least es'cry slx months; (I)
[ (a) (2) , . ...... . .
'?i:'..',: 1" ~48. '¥~tlinCSopcn, ancillarye~ui~rr''e'~tst:'u'red;(l)(b) : , i.:: :' . ·
'::: "' [ 49. 'Been upsn'adcci or replaced ~efcre ,,rumin
..... i:] 50. Bc~n tcs~ed tight before r~.".:mi:'.g :o st.'tic-; (I) (c) ' " '
' [ $1. Been out-of-service for no c'..o:.' uh,.n two ,,.'e~s; (l) (d) .......
/..' .'~ ,'. L [ 52. · Be,tn °ut. Of-service for no more than 12 mon',hs (unProtected bare ~eel systems); (2) (b)
-" ': ' [ 53. Proper closure for an un-mair.?-ined.t~k; (2) .... : :.... :.:: . ..
::'."i ".'..:..f J :' ' ~4''.:Has a cloSur· assessment lXrfe-"m.,ed; (3) ' . ~..: '.:..:'." :.:... ".
45.
46.
45.
.1'9.
,~0.
52.
53.
5-I.
VARIANCE: Comments:
~ 55. 'FaciUtyAPpliedForAhemat:Prccedure(Exptainioc0mmentsi62.76!~8~O
OTHER: Comments:
. ' :56. AnY other Violations noteci during insl:cction (Explzin in con',,menLs)
DEP Form 761-02-91 (2 Pages) Revised by DRIt
D£P Contraci No. GC5~6, Ait~chment D, P~ge 9 of 9
00T ~ i 1997'
Fac111ty Name=_
Data:
Department of Environmental Protection
I-I FPLRIP r'l ATRP r't PCPP E] OTHER DATE OF DISCHARGE:
DEP Facltlty Number:
Date:
Fac~ty Name:
Facility Address:
Contact Person:
Telephone: { ..... }.
· . - Longitude: - -
Latitude: _ ·
For the Items below that may Indicate non-compliance or gross negligence or unknown, please explain in detm'l, ~tach additional
pages if necessary; also, provlde supportlng documentation and a v~clnlty ake~ch:
_YES_ NO _COMPLIANCE WITH CHAPTER 376.3072 F.S,, AS REVISED~
[] [] la. Was ~n¥ contamlnatlon reported (discoveredl prior to the CU~Tent discharge?
lb.
If yes, was an approved method of release detectlon Installed by January 1, 19977
[] [] 2.
[] [] 3.
[] [] 4.
V~at method?
Haa proper demonstration of flnanclal responsibility been made in accordance wlth
Rule 62-'761.480 or 62.762.4eo, F.A.C.?
Has a Storage Tank Program Inspection ever been performed for this facility in accordance with Cha~ter
62-761, or 62-762, F.A.C.? If yes, give the date of the most recent Inspection and _~upplv a
[::]Compliance: Have all previously identified violations {Mod/Mod)
been corrected?
[] Closure:
[] Installation:
Has the owner or operator Intentionally caused or concealed a discharge or disabled leak
detection equipment?
[] []
Has the owner or operator failed to report a suspected release within 1 working day after
discovery?
[] []
· Has the owner or operator, wlthln 3 days of discovery of an actual new discharge, _fa~ed to take steps
to test or empty the storage tank system and complete such activity withln ? days?
I-I [] 7.
Has the owner or operator, after tearing or emptying the storage tank system, felled, to
wlthln 24 hours thereafter to abate the known source of the discharge or to be!
relating to an actual new discharge and fe~e,d, to complete abatement withln
product recovery may be ongoing.
DE1= Contract No. GC526, Att3chment E, l=age 1 of 2
proceed
U~I ~.k IUU!
YES
If Yes to 8, check those that
[] A.
[] B.
[] C.
[] D.
Check those that apply:
9.
NO INFORMATION MUST BE COMPI~ETi~D BY INSPECTOR [SITI~ S(~,gRING AND RANKINGt,
~ 8. Is there evidence of a contamination problem in accordance with
Chapter 378.3071, F.S.? If yes, explain In comment section.
apply:
. monitoring wellls]/borehole(s) showis) > 2" free product.
monitoring wellisi/boreholeis) show(s} <2" free product
or petroleum sheen.
~ monitoring well(s]/borehole(s) are contaminated but contain no
free product (vapors only}.
Soll contamination and/or recent product loss.
[]
[]
[]
[]
10.
Comments:
Contamination product type (Chapter 62-771, F.A.C}:
A, Llght petroleum: (kerosene, gasol)ne, aviation fuel, etc.}
B. Heavy petroleum: (fuel oil, diesel, etc.)
C. Other:
D. Unknown:
Potable water {Chapter 62-771, F.A.C}:
A. Within ½ mile: Large wells >100,000 gpd.
1. Indicate direction:
2. Estimate distance:
B. Within % m~le: small wells <100,000 gpd.
1. Indicate direction:
2. Estimate distance:
C. Surface water body used as a public water system.
Indicate below, proximity to population centers: (restaurants, shopping centers,
residences, etc.}:
A. < 500 feet:
1. Indicate direction:
2. Estimate distance:
B. > 500 feet:
1. Indicate direction:
2. Estimate distance:
Compliance Inspector
DEP District:
(or) Local Program:
D£P Contract No. GC526, Attachment E, Page 2 of 2
Inspection Date
OCT 2 [ 1997
ATI'A~]~ fF~NT F
CONTRACTUAL SEll.VICES II'~"OICES
Invoice No. Co, race No. Tuk No. Data Per~d of Service
$1t~ Name, City, County
Vendor: BIll To:
Deparunent of Env~rmmentn!
Bure~ of Petroleum Stooge Systems
FEID No. 2000 B¼~r S~e Road
Telephone. . Tallahassee, Ft. 323~0-2400
Contractor Use:
Fixed Price: Cost Plus:
1. Contact/Task Amount. ........... .S I. Contzact/Task Amount. ............ S
2. Less Prc~ously T~voiced ........... 2. Less Previously Invoiced ...........
3. Less/Plus Retainage ................... 3. Less/Plus Reta~nage ...................
4. Ava~ble Performance Fcc ....... 4. Ava~ble Performance Fee ........
$. Subtask Total ............................. S. Subt~sk Total .............................
6, T~vo[ce Total ............................. 6. ~nvoice Total. ...........................
OCT g 1 1997
)EP Contract N'o, GC$26, Attachment F~ P~ge I of 4
Instructions
Invoice No.: Contractor/Consultant's billing number.
Contract No.: FDEFs Contract Number.
Task No.: FDEP's lob Number. Talk must be invoiced separately. However. More than one mbt,ask of the
same task may be included.
D ate: Date of Invoice
Period of Service: The begi,'-~,,! tnd ending d~t~ of~e wo~ done ~ ~e Con~ctorlCo~ul~
Vendor: Con~cto~Co~ul~ b~ess ~me ~d ~il~ ~d~css.
Con~o~Co~l~s f~d~l e~lo~t id~cafion n~.
Telephone: Con~ctor/Co~l~s ttl~hone n~ for con, ct con,ct ~o~
Agent: C~ot/Co~l~ con~ con,ct pe~on.
Contractor Use: For Con,actors Co~s ~e o~y(e.$., ~Y bilI~ ~o~gOn unique to ~e
Con~ctor/Co~s b~t syst:m).
ced Price: If~e con,ct or ~k ~ to be b~td ~ a f~ed price con~ac~s~ fill ~ ~ese blame. ~ffi ~ all
applicable bla~ ~d plac: ~IA' ~ ~e non-a~licable bla~.
1. For tasked con~c~, enter o~y ~e amour of ~e ~sk be~$ ~voiced. For non~sked
con~acu, en:~r ~e to~l con, ct amo~
2. For ~sked ccn~cu, enter ~e to~l amour previo~ly ~voic~d for ~e ~k berg ~voic~d
~s ~e. ~or nonsked con~c~, ~t~ ~e to~l ~ount pr~ously ~voiced for ~e
con,act.
3. Enter ~e ag~ro~fla:e ~o~t if~e con,ct provides for release.
4. Enter ~e a~ropgate ~o~t ~e coo~ct provides for a ~ffo~nce fee.
5. Enter ~t to~ ~o~t for a~ sub~ be~ ~voiced ~is ~e. lf~e ~flonal Wot~heet
is used, ~s ~o~t would be ~e to~! of~e ~es ~ ~e 'Sub~sk To~l' col~a.
6. Enter ~e to~l ~o~t be~$ ~voic~d ~ ~e.
Cost Plus: If~e con,act or ~k ~ ~o b~ bi, ed on a cost plus f~ed fee bas~, fill ~ ~ese bl~. Complt:e all
applicable bla~ ~d platt ~/A' ~ ~e non-applicable bla~.
1. - 2. See expl~na~on under "FL,ced Price'.
3. Enter the appropriate amount if the contract provides for a iL, ced fee.
4. - 6. See explanation under "FLxed Price'.
DEP Use: For FDEP coding only. Contractor,:Cousultant should not write in this space.
Optional Worksheet: The second page of the contract invoice may be used at the Contractor,"Cousultant's
discretion to provide additional information.
DEP Contract ~o. GC$26, Attachment F, Page 2 of 4
AGE
OCT :Z 1 1997
OPTIONAL WORKSHEET FOR.
CO~I'P. ACTUAL SERVICES INVOICE
DEP Con~'~ct ! ,, ,
· : ~ '"~ ', 'tI'[ : : I
- :I-~i! ~ ~ ~ -
;. :~,;,] .:.
,. :.','!lI o ~ · I
: ~ ' t . . i
,. : : ii! o o
~ ,,:: . ~i o
Ii
. ~ .
~ : t I [ , [o, o. ' : 0
!i !
i~ i;.: , ,. :, ,,,
i :. i ~ I J , f : i t o,
I 't~ t
OcT ~ 1 199~
.~.~
I
ATTACHMENT B
Florida Department of Environmental Protection
Task Assignment Notification Form
Contract No. GC-$26
Task No. I Amendment No. __ Date ,
Performance Period: Effective the Date of Ezecufion of the TaskAsslgnment or October 1.1997
whichever is later and shah remain in effect until June 30, I998.
Description: (Addltional Pages May be Utilized)
Contractor will gomalete s,s!tued task at a rate of not less than 8.1% uer month accordin~ to the
pr/or~gtfl described in Exhibit #I. Facllitv Prior/tv Ranldnt List (28 Daees~. Exhibit #2 identifies
Cotltrdgtor Owned Facilities f3 Da~es] and Exhibit #3 (1 Da~e] identifies number of regulated tau'ga
as 0f Aprll 15. 1997 and the fundin~ allotment for FY 97-98 a~ indicated below. To increase the
efficiency and consi~teno' of the task assiEnment. DEP will purchase computer equipment for the
exulicit use of verforminn the requirements of the assigned task,,.
Payment schedule: Payments 1 - 8, SI0,584.33
Pa>nnent 9, S10,584.36
Task Managers:
DEP Task Manager: Vince M~I¢
Contractor Task Manager. Irving Berzon
Phone: 9411332-6975
Phone: 941/732-2502
Authorization:
DEP Contract Manager
Date
Contractor's Contrac(Manager Date
DEP Budg~Representative Date
Funding
ORGANIZATION CODE
37450402000
OBJ-r, CT CODE
132500
'MODULE
~4617
SPECIAL CATEGORY
:IPTF 100029
97 S95,259.00
98
Not~:
CC:
DEP Contracts (MS 93)
Finance & Accounting, Contracts Disbursement Section (3/IS 78) - 2 Copies
DEP Task Manager
Contractor Task M:~r~ger
AGEI~$O~ITE~
OCT ,~ 1 19~
DEP Contract No. GC526, Attachment B, Pf~e I of 1
£xhibit ~1
Collier County
Tanks Priority Ranking List
Compliance Verification Program
Count of EVALRESU
EVALRESU FACDET Total
ACTIVITY MISSING D 4
S 22
ACTIVITY MISSING Total 26
HISTORICALOUT-OF-COMPLIANCE I~ 2
10
HISTORICAL OUT-OF-COMPLIANCE Total 12
IN-COMPLIANCE I~ 681 70
IN-COMPLIANCE Total 751
MINOR OUT- OF - COMPLIANCE I S 3
MINOR OUT-OF-COMPLIANCE Total 3
SIGNIFICANTOUT-OF-COMPLIANCE i~ 59 17
SIGNIFICANT OUT-OF-COMPLIANCE Total 76
Grand Total 868
D=Double Walled Tank System
S=Single Walled Tank Sys=em
Page i
OCT 1 1997
Collier County
Facility Count
Count of EVALRESU
EVALRESU FACDET Total
ACTIVITY MISSING D 1
S 16
ACTIVITY MISSING Total 17
HISTORICAL OUT-OF-COMPLIANCE ISD- 1
7
HISTORICAL OUT-OF-COMPLIANCE Total 8
IN-COMPLIANCE lsD 252 29
IN-COMPLIANCE Total 281
MINOR OUT-OF-COMPLIANCE IS 3
MINOR OUT-OF-COMPLIANCE Total 3
SIGNIFICANT OUT-OF-COMPLIANCE I~ 22 7
SIGNIFICANT OUT-OF-COMPLIANCE Total 29
Grand Total 338
D-Facility with all double walle8 tank sysrtrn$
OCT 2 1 1997
1
OCT ~ ! 1997
i
:-.!
t
iii i i i iii i ii ii iJJJ iiJJ iJiiiiiJ i Ji
Tit t t t ??? ~ tt ???? tttt ......
OOT ~ :1. 1997
I
i
!
i!
&&._ .~, &&&&& && & ooee
..........................
OCT ~ 1. 1997
~ % %%% % % % % % % % %
.OCT 31 1997'
I
; i I
I !!i I I!! !I I! I !
i
o&& &&& & ~ &&&& '&&&& & .... &&' .; · . ·
.OCT ,?, ~. 1~97
iiiiii ~iiii i iii i ii i iii ~iiii i ii i i i
.......... iii
...... i;;' - ii iii "'i
.................
I
1
ii iiii iiit i|ii i ii iii ii ii iii iii :-'.ii
[:!{.
!
4"* ee
1
iii Jill iiiJ ii iiii iii ii iiiii iiii Jill ii
iii iii! i~i=~ ~ =i~=ii ~ii ii i. ii!=.= ii~.i iiii ii
.OCT 2 ]. 1997
iii iii iii ii iiii iii iii iiii Jill itii iii
iii iii ~ ~i iiii i~ ~ i~i ~ii iiiii~i
1997
.0t
ttl
~!~l~ iiJj i i i Jj~!~ii iiiii i i ii iii ii
,j '
OCT ~ 1 1997
.... oo &'e&&'&&& ....
-o. . ee . o . .ooo***o&&&&&&&&&& &
£xhtbt~ ~2
Collter County
Concrac:or-Owned ?anka
ComPliance Verification Program
Count of EVA~RESU I
EVALRESU FACDET Total
ACTIVITY MISSING D
S 5
ACTIVITY MISSING Total 6
IN-COMPLIANCE I~ 3612
IN-COMPLIANCE Total 48
SIGNIFICANT OUT-OF-COMPLIANCE IS 1
SIGNIFICANT OUT-OF-COMPLIANCE Total 1
Grand Total 55
D-Double Walled T~k System
S.Single Walled T~k System
No./..e~.~l.:T.,~."r/
OCT :~ 1 1997
'I
! I ' ~ . ;
%-,
?~'_,..'~,. .':':.-.~- .'.'
Exhibit fl3
Broward
1631
3623
619
4~)61
58,854
127,055
225.780
Dade
;ilchdst
Escambia
;adMen
Gulf et al
Ha~ee
Hemando
Hillsb,;.--v~ih
Holmes-Washington
Indian River
Lake
Lee
4935
431'
821t
~dison et al 5051
Manatee 1085; 0.9947I
1103: 0.9208i 130.0856,
Marion
Martin
$
3332 ~
1364 ~ 183.224
3781 ~ 49,919
392i 0.92701 S 51,334
3761 0.91291 128.98061 $
?01i 0.~31 135.16961 $ 95.4~
396i 0.92821 131.1226| $ 51,925..
3939~ 1.0032t 141.62261 s 557.65t
301~ 0.90391 127.71361 $ 38,442
69,342
4991 0.98421 138.96261 $
474~ 0.88241 124.7108i $ 59,113
8771 0.94681 133.7268i S 117.278.
13~4i 0.s<~8t 140.72681 s 191.95~
0.97501 137.6746i $ 113,031
0.93401 131.9346 $ 68,627
140.4326~ $ 152,369
143,486
Okaloosa
735[ 0.9765i 137.8846: S 101,345
662[ 1.0930 154.1946i $ 102,077
134.6366i $ 103.266
Okeechob~z-Hi~ihlands
Orange 2889[
Osceola I 637)
Palm Beach 3396[
Pasco
Pinellas
767i 0.9533
11121 0.9487
0.9844
0.9645
1.0269
9061 0.g37g
2441 t 1.0148
0.9559
133.9856[ $ 148,992
138.9906' S 401,544
136.2046i S 86,762
144.94061S 492.218
Polk 2894[
341i 0.9192
Putnam
682 0.9740 137.5346 $
;L Johns-Fla~ller
SL Lude
Santa Rosa
J
Saraso[a
Seminole
;un'der
;uwanee-Lafayette
Taylor
Union-Bradford-Lev7
Volusia
Walton
~o~! Number of Tanks
Base TNK Fee=S140
132.4806
14324661
135.0008;
129.8626;
959; 0.9555
447i 0.9198
833i 1.0~70
7971 0.9913
o.9131
3131 0.9023
2061 0.9287
464t 0.9129
1568t 0.9~67
4011 0.9208
134.g448; S
129.9466 S
147.75461S
~ 39.;~,~,~ s
129.0086 $
127.4896 $
131.1926! $
128.9806 $
136.51261S
130.0868[
57,428 I
I
120,027
349,665
390,692
44.283
93,799
129~12
58,086
123~80
111,545
38,574
39,904
27~26
59,847
214,052
52,165
7,Gg9,972
(28)
OCT 2,1. 1997
~< ~ST TO APPROVE FOR RECORDING THE FINAL PLAT OF -CO~THOUSE :
.,~- ~ .,..-: -. f
~i~:.'.~h.:'=~rove for recording the final plat o Courthouse Shadows, a .~:~'
=he final plat '~{~
: ineering .Review Section has completed the review of
with the
77. All
'ove~ t s '~ ·
the final plat of
:5.~!
.Courthouse Shadows". This document is in compliance
~...CoU~ty Land Development Code and Florida State Statute No. 177.
''have been paid. There are no subdivision related improvements
assoCiated with this plat.
ineering Review Section recommends that
~..Courthouse Shadows" be approved for recording.
'~FISCAL IMPACT_ ~
--The: County will realize revenues as follows:
;' Fund:
,: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $450.00 Plat Review Fees
~.~;, ~.: ~
~ ..... ~~E~ IMPACT ~
,~'~ The Concurrency Waiver and Release relating to conditional approval
~,.'~:' ha~ been reviewed and approved by the County Attorney's Office for
'>~:~-'- the proJect,
That the Board of County Co~,issioners approve the Final Plat of
· £'-..Courthouse Shadows" with the following stipulations:
1~ Authorize the recording of the Final Plat of
.:Shadows."
Senior EngineerL.
.ew Manager
ld
I~ming Services Director
Vincent
A. Cautero, Administrator
Dev.~ and Environmental Svcs.
, Dev. and Environmental Svcs.
DIVISION
Date
Date
Date
Date
~ND "1 $,'"' TOWI~.$~ir .
· -. "' ..... '~'" "":." 'PLAT BOOs
RECORDED' IN '. ·.
':.' i : :~: ..~... -.:'. '"" ..
)CATION
~CATION::[
.SC.~LE
.'." t':::~"
EXECUTIVE SUMMARY
APPROVE AMENDMENT #2 TO WORK ORDER ABB-FT96-3 FOR REPAIR OF
THREE SCRWTP PROCESS TANKS, PROJECT
!~-~: That the Board of County Commissioners, as the Governing Body of Collier County and
as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve amendment #2
to Work Order ABB-FT96-3 for additional contract administration and detailed observation services to
complete structural repairs to three South County Regional Water Treatment Plant (SCRWTP) process
tanks.
CONSIDERATIONS: On March 7, 1995, item 16(I-I)(5), the Board approved work order ABB-95-2
with Agnoli, Barber & Brundage (ABB) and subconsultant Kris Jain & Associates (KJA) in the amount
of $39,940.00 for engineering investigation and design services to structurally repair three existing
deteriorating, severely cracking and leaking concrete process tanks at the SCRWTP.
On April 23, 1996, item 16(B)(ll), the Board approved work order ABB-FT96-3 in the amount of
$21,500.00 with ABB/KJA for contract administration and detailed observation during construction
implementing the repairs designed as a result of the investigation.
The notice to proceed to the contractor, Preservation Services, was issued June 3, 1996. The original
construction was to be substantially complete by September 15, 1996, however due to numerous
unforeseen conditions including repair of existing deteriorated equipment, weather delays and not being
able to take the tanks out of service in order to adequately provide xx~ter production demands, the
construction contract was extended to November 13, 1996.
On December 3, 1996, item 16(B)(7), the Board approved amendment #1 to work order ABB-Fl'96-3 in
the amount of SI 5,220.00 with ABB/KJA for additional contract admini~isation and detailed observation
during construction to cover the extended contract time granted to Preservation Services (through
November 1996).
The tanks were put into service November 23, 1996 and several punch list items were intentionally
deferred until the end of the high demand water season (June 1997), so that the respective tanks could be
taken out of service for the remaining repairs to be performed. When the first two of three tanks were
subsequently taken out of service in the non-peak season (July-September 1997), additional deterioration
beyond the original Novet er 1996 punchlist was found. As a result, detailed observation and contract
administration needs to be extended so that the engineer of record (ABB/KJA) can provide proper
coverage of the remaining work to ensure compliance with the contract documents and for final
certification and closing out of the construction contract. Direction for this extension was given by then
Interim Public Works Administrator Raymond Miller, at a project review meeting held on April 1, 1997.
ABB has submitted a proposal dated August 28, 1997 in the total time and material not to exceed mount
of $17,180.00, which includes services for coordination meetings with the contractor, Preservation
Services, inspections and contract administration throagh project close out.
Executive Summary
Page 2
Per our construction contract #96-2524 with the contractor Preservation Services, the County is allowed
to collect liquidated damages at $500 per day (10 days past substantial completion x $500 totals $5,000)
and deferred work liquidated damages in the amount of $300 per day (currently not finalized)
commencing July 1997, for work that x~s intentionally deferred by the County from November 1996 to
July 1997 to avoid concurrent construction activities that might cause disruption in x~ter service
capability during 1996 high season demand. The exact total will be calculated when the contractor
finishes all work prior to 1997 high season demand time, that has been deferred and commenced July
1997.
FISCAL I'IVH'A~:
Fund 412:
Co~t Center 273511:
Project 70023:
Funds in the amount of$17,180.00vill ba =ada a~fi. labl~ f'x~a l,ratm: ~iul (i 12) ~.
~ Wat~ ~pital Proj~
~mbined Wa~ Capi~l Proj~
SCR~ Pr~css Ta~ C~c~ng.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATIONS: That the Board of County Commissioners, as the Governing Body of Collier
County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve
amendment #2 to Work Order ABB-FT96-3 to Agnoli, Barber & Brundage for professional engineering
services to complete repairs to the three SCRWTP process tanks, and approve the necessary budget
aaerrln~t.
PREPARED BY: ~)~.A C'o~ DATE:
Peter Schalt, PMP, Project Manager
Office of Capital Projects Management
Aciolfo/ 3onzalez, P..~. ire,flor
Office of ~ ~anagement DATE:
l~lic~el 1L~i~trnan Water Director
Public Works Divis:on
Ed Ilschner, Administrator
Public Works Division
PS.ps
Attachment: ABB proposal dated August 28, 1997
CC:
Karl W. Boyer, P.E., Senior Project Manager
Michael R. Newman, Water Director
Mr. Pete Schalt
Collier County Capital Projects
3301 Tamiami Trail East, Building D
Naples, Florida 33962
Subject: South County Regional Water Treatment Plant Process Tank Repair, PN 6912/X001
Dear Mr. Schalt:
Agnoli, Barber &: Brundage, Inc. (ABB) proposes to render continuing professional engineering
se~'vices for the proposed South County Regional Water Treatment Plant Process Tank Repair.
In accordance with direction given in our meeting with Acting Public Works Administrator, Ray
Miller P.E., these services are being performed under our current Annual Engineering Contract
with Collier County.
Pursuant to our meeting with RaY Miller P.E. (Then acting Public Works Administrator), Mike
Newman (Water Director), Adolfo Oonzalez p.E.(OCPM Director), Kris lain P.E., lack
McKerma P.E., yourself and myself we are hereby requesting an amendment to our Contract #95-
2422. It was determined at that meeting that the services of this fu'm as well as those of Kris lain
P.E. (Who is serving as a sub-consultant to ABB) would be needed to assure the highest quality
product to Collier County.
This change is primarily the result of a significant increase in the contract time required for the
tar~ repair. This increase in time was the result, in part, of items added to the scope ofwork.
These items included (but were not limited to) unforseen mechanical equipment which was
determined to be in need of replacement, problems with post tensioning cables, and contractor
needing to demobilize and remobilize due to water demands being too high to allow for tanks
being out of operation.
Our additional services include an extension of the following items:
Meetings and Coordinations
For items listed above our fee shall be on a time and materials basis and is estimated at
Seventeen thousand One Hundred and Eighty Dollars ($17,150.00). Billing will be in accordance
with the terms of the Annual Contract. You will be billed 0n a monthly basis for services
rendered.
Sincerely,
AGNOLI, BARBER & BRUNDAGE, INC.
President
DWB/JGM/g"
encl.
ACCEPTED THIS
DAY OF
BY
Property Owner(s) or Authorized Agent(s)
WP.08.238G.PRO/97
EXE~ SUMMARY_
INC. FOR SITE ELECTRICAb IMr~tu v r. av,r.,~, ---
NO. 8OO81.
~ To award a Contract for installation of site electrical improvements for Sugden
Park.
CONSIDERATIONS: Advertisement for bids was posted on August 18, 1997. Invitations to
~id were sent to over 50 vendors. Sealed bids for Bid No. 97-2'/31 were opened on September
17, 1997. The summary of the bids received is as follows:
~:ONTRACTOR
Aneco, Inc.
?,:, : Edwaids Electric Corporation
~:~:, : - ~ Gulf States, Inc.
~i~i"i~;,!.~..,., .' lVUd-Continent Electric, Inc.
$164,500.00
$256,500.00
$194,960.00
$162,900.00
The Office of Capital Projects Management has reviewed the prices and total cost and has found
them to be correct as tabulated. The Engineer's estimate of probable cost for the project was
$190,425. The Electrical Engineer has recommended that Mid-Continent Electric, Inc. be
awarded the contract. Based upon a review of the qualifications and experience of the Iow
bidder, together with the knowledge that this same vendor successfully completed similar
installations at Veterans Community Park and Vineyards Community Park, staff recommends
4his Contract to be awarded to Mid-Continent Electric, Inc. for the amount of $162,900.00.
FISCAL IMPACT:
are available in FY 97/98 budget for this project as follows:
und?
Fund No.
Cost Center No.:
Project No.:
Cost:
~ROV~I'H MANAGEMENT IlVlYA~ This Capital Improvement Element No. 724 is
consistent with thc Recreation and Open Space Element of the Growth Management Plan.
]UgCOMMENDATION~ That the Board of County Commissioners:
1. Award a contract for Bid No. 97-2731 to Mid-Continent Electric, Inc. for the amount of
$162,900.00.
2. Authorize the Chairman to execute the ContracL
(306) 1982 Parks Improvement CIP
(116360) Parks Capltal Project
(80081) Sugden Park
$162,900.00, to be obligated in the budget for FY 97/98
Executive Sununary
Site Electrical Improvement~ - Sugden Park
Page 2
PP~PAI~D BY:
Offic~ of Capital Projec~ Management
Adolfo ~,. G6nzalez, P.~E/, Dir~tor
Office of Capital Pwjects Management
Stephen Y. Camell,'Dircctor
Purchasing Department
Thomas W. Olliff, Aaministra~or
REVIEWED B~
Public Works Division
Date:
Date:
Date:
Date: \' ' -:-'
Date:
cc: Mid-Continent Electrical, Inc.
Mitch Momtaz, P.E., Interim Sr. Project Manager, OCPM
EXECUTIVE SUMMARY
Approve an alternate road impact fee calculation for the Sports Authority.
~ To gain Board of County Commissioners approval for an alternate road impact fee
calculation for the Sports Authority development. This approval is sought after-the-tact as a consequence
of stat'rs misinterpretation of Section 3.10, Individual Calculation of Impact Fees, of Ordinance 99-22, as
amended.
I~ON$1DERATIOI~': The Sports Authority development consigs of a 43,000 SF free-standing building
located on the northee~t comer of Pine Ridge Road and Airport Road. In March, 1996, during the planning
stage for this project, staff discussed the type of use ofthis store versus other large specialty retailers with
the developer's rtpresentativa. At that time, staff opined that as a specialty retailer (Discount Store as
det'med in the ITE Trip Generation Handbook), the Sports Authority differed significantly from the general
retail category sci forth in Appendix A of Ordinance 92-22, as amended, and therefore qualified as an
Individual Road Impact Fee consistent with Section 3.10 of the Ordinance.
The trip generation rate used as a basis for the fee table in Appendix A is 91.65 trips per 1004) SF. In April
1996, subsequent to those discussions, the Sports Authority representative provided staffwith an
engineet~g report substantiating the tra~c generation from this proposed use as having a ~p generation
rate of 30.41 trips per 1000 SF. Ail other parameters were held constant and a road impact fee was
computed by the applicant, reviewed by staffand approved as being consistent with Section 3.10 of
Ordinance 92-22.
During a recent internal audit review by the Clerk of CourLs Office, it was brought to the attention of staff
by the auditor that the Sports Authority road impact fee should more properly have been given approval by
the Board as an Alternate Road Impact Fee in accordance with Section 2.03 of Ordinance 92-22, as
amended, rather than as an Individual Road Impact Fee. Staffhas re-examined the facts in this case and
upon further reflection, staff agrees with the recommendation of the audk and is presenting this alternate
road impact fee to the Board for approval after, the-fact.
Management procedures have been reviewed and revisions made to assure that this situation will not re-
occur.
FISCAL IMPACT: Computation of the road impact fee as set forth in Appendix A of Ordinance 92-22
would have provided a fee of $75,393.54 (Category 27. Retail - 50,000 SF or less (~ S1755/I000 SI:). The
alternate road impact fee paid was $24,352.36. ~ a].~ J.q:ect; fee ca.Lc6]~..~n
GROWTH MANAGEMENT IMPAt~r:
/ /
PREPARED BY:~ , DATE:
Edw~J..K~,t~. niorq~gineer/.--~
Davi~'F.~d~ni~f~,
R~~~: ~~.Z
i,ri. CT 2 1
EXECUTIVE
ADOPT RESOLUTIONS AND ENTER INTO CONTRACT RENEWAL WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR ROADWAY SWEEPING AND MEDIAN MOWING AT SELECTED LOCATIONS
WITHIN COLLIER COUNTY
OB~CTIVE: To obtain Board approval to enter into contract renewal with thc Florida Department of Transportation
(FDO~ for wadway ~weeping and median mowing at selected locations within Collier County on State roadways.
CONSIDERATIONS: On October I$, 1996, the Board approved Agenda Item 16(BXS). This item provided for the
FDOT to pay the C, om~ for services related to sweeping and mowing sections of State-owned roads within the County.
The State is satisfied with the service~ provided by the Road and Bridge Department, and h~s requested that the
agreetnet~ be t'tm.w~ for a ~'ee-year t~,i. The Road and Bridge ~t has been providing mowing and
sweeping services to the FDOT since 1992.
This work is perfv,,,-~l by regular County work crews, by schedule adjustment rather than additional outlay for
t .-~rsonnel or equipment, in conjunction with normal maintenance operations on County-owned roadways in the general
vicinity of the designated State-owned road segments. The County Road and Bridge Department has been able to
provide this service with no decrease in efficiency with respect to its own workload.
The County's co~ to perform this work is less than the amount to be paid by the State. Thus, these agreements are
consistent with ~e goals of performing reimbursable work where there is a public benefit and when the revenues equal
or exceed the expenditures.
EIi,~i~.A.~: The Agreements have been revised to include additional areas, and the increase is reflected in the
revenue to the County. The income to the County from providing this service is S31,716.72 per year for the Sweeping
Agreement and $38,168.00 per year for the Mowing Agreement, for a total of $69,$$4.72. Fiscal Year Budget
anticipated $41,300 in revenue from sweeping and mowing. The additional $28,500 revenue will go into the Road and
Bridge Fund - Administration (101-163610), and needs to be recognized by a budget amendment, which reduces the
General Fund (001) transfer to Road and Bridge Fund (101) by $28,500. All costs for personnel and equipment ar~
budgeted in the Road and Bridge Fund - Road and Bridge Operations (101-163621).
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners (!) Approve the Resolutions authorizing ~ Median
Mowing and Sweeping Agr~'mems with the FIX}T; (2) Approve the Maintenance Agreemems for Median Mo~'ing and
Sweeping; (3) Authorize the Chairman to execute re, ne on the Board's behalf; and (4) Approve the budget
amendment(s) neces.~,ary to recognize the additional v~v~me.
mk/101497/ESFDOTMowSwee~.doc
1 RKSOLUTION NO. 97- .
2
3 A RESOLUTION AUTIIORIZI~G EXECUTION OF A STATE OF
4 FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE
5 AGREEMENT FOR IlIGHWAY SWEEPING AND PROVIDrNG AN
6 EFFECTIVE DATE.
7
8 WllER 'EAS, the Collier County Board of Count)' Commissioners (BCC) is concerned over the
9 appearance of medien island curbing within lhe limits of Collier Courtly, and
10 WHEREAS, the Collier Cotmty BCC, after discussion ~s-ith the Stale of Florida Department of
11 T~ms,~x.tatmn (FDOT). helievcs t~t i~ tan assis~ in Iweepin~ those arcns; and
12 WllEREAS, the FDOT has a~-ed to provide funds in t~e amount of $?.929.! $ per quarter for a total
13 s~m of $~11,?i~.T2 per yesr for a period of t~.ee (3) yrars fm Collier County to s'~'eeP said cur~in~ and
14 WIIEREAS, t~ ~ollier County BCC helic'ves such a~ A~'ctmx~t to he in the best imerest of the
15 citizens of Colher County; and
16 NOW, TI IEREFORE, BE IT RESOLVED BY TilE BOARD OF COUNTY COMMISSIONERS OF
17' COLLIER COD'N'TY, FLORIDA THAT:
lfi SECTIONI: The BCC docs hereby authorize its Chairman to excc.::c an Agree'merit e.'~itled, "State of
19 FlOrida Dt. parlment of Tr~nsperlafiun Maintenance Al,,~eement," be:ween L t,llier Count)' and fhe Fr)OT,
20 =~,o;.~g lo sweet medmn ~sland .,:urbing described in said A~-e'nc~ in e~change fo~ the ~,ym,'nt of
21 S31,716.72 per y~ar payable at the rate of $7,929.1 $ per querier, t'or a Period. of three (3~ Yeats-
22 ~EC'TION 2: This Resolmion supersedes Resolution No. 92-279.
23 ,SEL"'TION 3: This Resolution sh~il take effect immediately upon ita pass~e.
24 SF.C~. ON ~: Ali Resolutions and parts of Resolutions in conflict here~'ith are rt'penled.
25 This Resolution adopted Ihe ...... day of .., 199'/, after motion, ~ond and
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
majori~, vote.
ATTEST:
DWIGHT E. BROCK, Clerk
BY:
Approved as to form tnd topi
sufficiency:
.... ,. ,
David C. Weigel
Collier County AOomey
rrar.~097,~ Re'sa FOOT
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TIMOlllY L. IIANCOCK, Chairn~n
Contract No.:
State Project No.:
WPI No.:
STATE OF FLOR~A DEPARTMENT OF TRANSPORTATION
MAINTENANCE AGREEM~
This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF
TP..z.,."ISPORTATION, an agency of the State of Florida, hereinafter referred to as
"DEPARTMENT", and COLLIER COUNTY
hereinafter referred to as the "AGENCY".
WTrNESSETH
WHEREAS, the AGENCY has the authority to emer into said Agreem~t and to undertake
the project hereinafter described, and the DEPARTMENT has been granted the authority to
function adequately in all areas of appropriate jurisdiction and is authorized under Section 334.044
F. S. to enter into this Agreement; and
~, the AGENCY by Resolution No. dated the day of
,19 , a copy of which is attached hereto and made a pan hereof, has authorized its
uffice~ to enter into this Agreement;
NOW, '£~FORE, in consideration of the mutual covenants, promises and
representations contaihed herein, the parties agree as follows:
1-SERVICES AND PERfOrCE
A. The DEPARTMENT does hereby retain the AGENCY to furnish certain services
as described in EXHIBIT A, attached hereto aM made a pan hereoL
B. Befo~ any additions or deletions to the work descn'bed in EXHIBIT A, and before
undertaking any changes or revisions to such work, the parties shall enter into a Supplemental
Agreement covering such modifications and the compensation to be paid therefore. Performance
of any such service___ prior to the execution of a Supplemental A~ will result in nonpayment
of those services. Reference herein to this Agreement shall be considered to include any
supplemental thereto.
C. The DEPARTMENT will be entitled at all times to be advised, at its request, as
to the ~at~ of work being done by the AGENCY and of the details thereof. Coordination shall
be maintained by the AGENCY with representatives of the DEPARTMENT.
D. All services shall be performed by the AGENCY to the satisfaction of the Direc;
who shall decide all questions, difficulties and disputes of any nature whatsoever that may ari~_
under or by reason of this Agreement. The Director's decision upon all claims, questions and
disputes shall bo/'mai and binding upon ail parties. Adjustments of compensation and contract
time because of any major changes in the work that may become necessary or desirable shall be
left to the absolute discretion of the Director.
Reference herein to Director shall mean the DEPARTMENT's District Secretary for
District One.
A. This Agreement has a term of three (3) years, which term shall begin immediately
following the execution of this Agreement by the DEPARTMENT.
B. The services to be rendered by the AGENCY shall commence subsequent to the
execution of this Agreement, upon written notice from the DEPARTMENT's Project Manager,
and shall continue until its expiration date of , unless terminated in
accordance with paragraph 6 of this Agreement.
3-COMPENSATION AND PAYMENT
A. The DEPARTMENT agrees to pay the AGENCY for the herein descn~ services
at a compensation as detailed in EXHIBIT A attached hereto and made a part hereof. The
DEPARTMEI~tT shall have thc right to retain out of any payment due the AGENCY under, this
Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by
the AGENCY on any other Agreement between the AGENCY and the DEPARTMENT.
B. Payment shall be made only after receipt and appwval of goods and services unless
advance payments are authorized by the State Comptroller under Section 215.422(14), Florida
Statutes.
C. If this contract involves units of deliverables, then such units must be received and
accepted in writing by the Contract Manager prior to payments.
D. Any penalty for delay in payment shall be in accordance with Section
215,422(3)(b), Florida Statutes.
E. Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof,
F. Bills for travel expenses specifically authorized by this Agreement shall be
submitted and paid in accordance with Section 112.061, Florida Statutes.
G. AGENCY providing goods and services to the DEPARTMENT should be aware
of the following time frames. Upon receipt, the DEPARTMENT has five (S) working days to
inspect and approve the goods and services, unless the Agreement specifies otherwise. The
DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of
Banking and Finance. The 20 days are measured from the latter of thc date the invoice is received
or the goods or services are received, inspected and approved·
H. If a payment is not available within 40 days, a separate interest penalty of .03333
percent per day will be due and payable, in addition to the invoice amount, to the AGENCY.
Interest penalties of less than one (1) dollar will not be enforced unless the AGENCY requests
payment. Invoices which have to be returned to an AGENCY because of AGENCY preparation
errors will result in a delay in the payment. The invoice payment requirements do not start until
a properly completed invoice is provided to the DEPARTMENT.
I. A Vendor Ombudsman has been established within the Department of Banking and
Finance. The duties of this individual include acting as a advocate for contractors/vendors who
may be experiencing problems in obtaining timely payments(s) from a state agency. The Vender
Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline,
1-800-848-3792.
I. Records of costs incurred under terms of this Agreement shall be maintained and
made available upon' request to the DEPARTMENT at all times during the period of this
Agreement and for three years after final payment is made. Coi, ies of these documents and
records shall be furnished to the DEPARTMENT upon request. Records of costs incurred
includes the AGENCY's general accounting records and the project records, together with
supporting documents and records of the AGENCY and all subcontractors performing work on
the project, and all other records of the AGENCY and subcontractors considered necessary by the
DEPARTMENT for a proper audit of costs.
K. The DEPARTMENT, during any fiscal year, shall not expend money, incur any
liability, or enter into any contract which, by its terms, involves the expenditure of money in
excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no money
may be paid on such contract. The DEPARTMENT shall require a statement from the
Comptroller of the DEPARTMEN ~ that funds are available prior to entering into any su:h
c,.,,;u'act or other binding commitme,'t of ;ands Nothing herein contained shall prevent the
making of contracts for periods exceeding one year, but any contract so made shall be executory
only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal
years. Accordingly, the State of Florida's performance and obligation to pay under this Contract
is contingent upon an annual appropriation by the Legislature.
L. A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, Florida
Statutes, for Category Two for a period of 36 months from the date of being placed on the
convicted vendor list.
,;-INDEMNITY AND INSURANCE
A. INDEMNITY. AGENCY agrees, to the extent allowed by Section 768.28 F. S.,
that it will indemnify, defend, and hold harmless DEPARTMENT and all of DEPARTMENT's
officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out
of any acts, actions, neglect or omission by AGENCY, its agents, employees, or subcontractors
during the performance of the contract, whether direct or indirect, and whether to a~y person or
property to which DEPARTMENT or said parties may be subject, except that neither AGENCY
nor any of its subcontractors will be liable under this section for damages arising oat of injury or
damage to persons or property directly caused or resulting from the negligence of DEP.M~.TMENT
or any of its officers, agents, or employees.
The parties agree that 1% of the total compensation to ~e AGENCY for performance of
this Agreement is the specific consideration from the DEPARTMENT to the AGENCY for the
AGENCY's indemnity agreement.
B. LIABILITY INSURANCE. The AGENCY shall carry and keep in force during
the period of this Agreement a general liability insurance policy or policies with a company or
companies authorized to do business in Florida, affording public liability im'urance with combined
bodily injury limits of at least $100,000 per person and $300,000 each occurrence, and property
damage insurance of at least $100.000 each occurrence, for the services to be rendered in
accordance with this Agreement.
C. WORKER'S COMPENSATION. The AGENCY shall also carry and keep in force
Worker's Compensation insurance as required for the State of Florida under the Worker's
Compensation Law.
5-COMPLIANCE wrrH LAWS
A. The AGENCY shall allow public access to gl documents, papers, letters, or other
material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
AGENCY in conjunction with this Agreement. Failure by the AGENCY to grant tach public
access shall be grounds for immediate unilateral cancellation of this Agreement by the
DEPARTMENT.
B. The AGENCY shall comply with all federal, state and local laws and ordinances
applicable to the work or payment for work thereof, and shall not discriminate on the grounds of
race, color, religion, sex or national origin in the performance of work under this Contract.
6-TERMINATION AND DEFAULT
A. This Contract may be canceled by the DEPARTMENT in whole or in pan at any
time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also
reserves the rig, bt to seek termination or cancellation of this Agreement in the event the AGENCY
shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further
reserves the fight to terminate or cancel this Agreement in the event an assignment be made for
tI~ b,.-nefit of creditors. This Contract may be canceled by the AGENCY upon (60) days written
notice to the DEPARTMENT.
B. If the DEPARTMENT determines that the performance of the AGENCY is not
satisfr.::tory, the DEPARTMENT shall have the option of (a) immediately terminating the
Agreement, or (b) notifying the AGENCY of the deficiency with a requirement that the deficiency
be corrected within a specified time, otherwise the Agreement will be te ~rminated at the end of
ach time, or (c) take whatever action is deemed appropriate by the DEPARTMENT.
C. If the DEPARTMENT requires tennination of the A~ for reasons other than
unsatisfactory performance of the AGENCY, the DEPARTMENT shall notify the AGENCY of
such termination, with insm~ons to the effective date of termination or specify the stage of work
at which the Agreement is to be terminated.
D. If the Agreement is terminated before performance is completed, the AGENCY
shall be paid only for that work satisfactorily performed for which costs can be substantiated.
i
Such paymem, however, may not exceed an amount which is the same percentage of the contract
price as the amount of work satisfactorily completed is a percentage of the total work called for
by this Agreement. Ail work in prc. gress will become thc property of the DEPARTMENT and
will be turned over promptly by the AGENCY.
7-5~/SCELLANEOU$
A. The AGENCY and the DEPARTMENT agr~ that the AGENCY, its employees,
and mbeommcIors are not agents of the DEPARTMENT as a remit of this Contract for purposes
other than those set out in Section 337.274, Florida Statutes.
B. Ail words used herein in the singular form shall extend to and include the plural.
All words used in the plural form stroll extend to and include the singular. Ail words used in any
gender shall extend to and include all genders.
C. This Agreement embodies the whole agreement of the parties. There are no
promises, terms, conditions, or obligations other than those contained herein, and this Contract
shall supersede all previous communications, representations, or agreements, either verbal or
written, between the parties hereto.
D. It is understood and agreed by the parties hereto that if any part, term or provision
of this Contract is by the courts held to be illegal or in conflict with any law of the State of
Flogda, the validity of the remaining portions or provisions shall not be affected, and the. rights
and obligations of the parties shall be construed and enforced as if the Contract did not con'.zin
the particular part, term or provision held to be invalid.
E. This Agreement shall be governed by and construed in accordan~.e ~vith the laws
of the State of Florida.
F. Anachrnents.
,:,. IN ~ WHEREOF, thc AGENCY has caused this Agreement to be executed in its
· ~t:',: ~h~f~, ~y of , ~ ,, ~y ~h,..,~u~o~.~
to enter into and execute same by Resolution Number dated ,
, and the DEPARTMENT has executed thi~ Ag.'eement through its District Secretary for
District One, Florida Department of Transportation, this . day of ,19 .
~OA~ OF C0UI~I C0~ISS1;ONERS
COLLIER. OObl~i~, FLOR1'DA i~
BY:
NAMe: TI~0THY L. HANCOCK
STATE OF FLORIDA DEPARTME~ OF TRANSPORTATION
ATTEST: .(SEAL)
EXECUTIVE SECRETARY
BY:
DISTRICT SECRETARY
DISTRICT ONE
DOT District Maintenavce Er~gineer
Approval:
H :'~USERS~O I f~ORL~WH CtLEG AL~b~INTAGR.2
DOT Legal Approval as w form ~I lcgal!rF:
Availability of Funds
Approval:
Date
EXHIBIT
1 - COMPENSATION
The Deparunent agr~s to pay the Agency for services r~ndered in accordance with this
Agreement. A lump sum payment will be made in ~he amount of 5ev~n Thousand Nine
Hundred Twenty-nine Dollars and 18/100 ,, ($~ per quarter for
a total of Third_ One Thousand Seven Hundred Sixteen Dollars and 72/100
($.t.Lilfl~.2_~ per year.
2- LOCATION AND DESCRIPTION OF MAINTENANCE ACTIVITI~ TO BE
PERFORMED.
'SEE ATTACHMENT A'
8
RF. SOI,UTION NO, 96-_ .=
3 A RESOLUTION AUTI;ORIZfNG EXEC~TTION OF A STATE OF
4 FLORIDA DEPART'ENT OF TRANSPOR'~'ATION MAINTENANCE
5 AGREEME~qT FOR HIGI~,¥AY ~IOWING AND PROVIDING AN
6 EFFECTrVE DATE.
6 WIIEREAS, the Collier County Board of Count' Commissioners (IICC) is concerned over the
9 sppearance of median islands, interchange areas, and r/ghtt-of-way within Ihe limits of Collier County; and
10 WHEREAS, the Collier County [}CC, after discussion with Ihe State of Florida r)~par~ment of
1 T~nspor~afion iT'DOT), believes that it can assi~ in mowing those are'as; and
12 WI1EREA$, the FDOT has agreed to provide funds in the amount of $9.542.00 per quarter for a tottl
~3 ~um of $35.16g.00 per year for a period of thrte (3) ye.ar~ for Collier Cor..'n~ to m°w said ~edian ishnds'
~4 interchange aren~, and r/ghts-~f-way; and
'15 WIIERI'.'AS, the Collier Coun~ RCC believes such an Agreement to be in the bes~ in~erest of Ihe
16
17
18
19
2O
21
22
citizens of Collie~ County; and
NOW, TIlEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNT~ COMMISSIONERS OF
COI.L~f.:R COU'N'I'~, FLORIDA THAT:
,~.N 1: The BCC does hereby authorize itt C~airman to ~ccme an A~mt ~titl~, ~ttte of
~da ~a~m~t of T~n~alion Maint~ance A~e~t," ~we~ Colli~ C~ and the ~,
a~ceing to mow me~ian islands, int~c~nge a~as, and ~ghts~f-~y dc~d in ~id A~t in
exchange for thc pa~t of S38,I 6S.~ ~ ~r ~hle at I~ ~lc of S9~42.~ ~ qua~, fmn ~ of
23 three (3) yea~s.
24 SECTION 2: This Resolution supe~edes Resolmion No. 92-278
25 S~CTION 3: This Resolution shall take effect immediately upon its passage.
26 .SE, C~: All Resolutions and parts of ]~-solufions in conflict her~th are repoaled.
27 This Resolution adopted Ihe . day of 0 1997, after motion, seeond and
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
majority vote.
ATTEST:
DWIGltT E. BROCK, Clerk
BY: ~
Approv~! as to form and le~al
David C. Weigel
Collier County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUN'!=~, FLORIDA
BY:
TIMOTHY 1.. HANCOCK, Chairman
Contract No.:
State Project No.:
WPI No.:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
I~,INTENANCE AGREEMENT
This is an Agreement by and between the STATE OF FI~RIDA DEPARTMENT OF
TRANSPORTATION, an 'agency of the Stare of Florida, hereinafter referred to as the
"DEPARTMENT", and COLt_IE-'R COUNTY .'
hereinafter referred to as the "AGENCY".
WHEREAS, the AGENCY has the authority to enter into said Agreement and to undertake
the project hereinafter described, and the DEPARTMENT has been granted the authority to
function adequately in all areas of appropriate jurisdiction and is authorized under Section 334.044
F. S. to enter into this Agreement; and
~, the AGENCY by Resolution No. dated the . day of
., 19 ..., a copy of which is attached hereto and made a part hereof, bas authorized its
officers to enter into this Agreement;
NOW, THEREFORE, in comlderation of the mutual covenants, promises and
representations contaihed herein, the parties agree as follows:
1-SERVICES AND PERFORMANCE
A. TI~ DEPARTMENT does hereby rein ~he AGENCY to furnish certain services
as descn'bed in HXHIBIT A, alIached hereto and made a pan beret'.
B. Bet'om any ~Iditions or deletions to tt~ work describ~ in EXHIBIT A, and before
undertaking any changes or revisions ~ such work, the parties shall enier into a Supplemental
Agreeme~ covering such modificaIions and ~he compensation ~o be paid ~herefore. Performance
of any such services prior to tl~ execution of a Suppl~ Agreement will result in nonpaymenl ~ ·
of those services. Reference herein to chis Agreement ~ be considered to,....__ ~ ....
C. The DEPARTMENT will be entitled at all times to be advised, at its request, as
to the stems of work being done by the AGENCY and of the details thereof. Coordimtion shall
be maintained by the AGENCY with r~prescntetives of the DEPARTMEI~.
D. All services shall be performed by the AGENCY to the satisfaction of the Director
who shall decide all questions, difficulties and disputes of any nature whatsoever that may arise
under or by reason of this Agreement. The Director's decision upon all claims, questions and
disputes shall be final and binding upon all parties. Adjustments of compeosation and contract
time because of any major changes in the work that may become necessary or desirable shall be
left to the absolute discretion of the Director.
Reference herein to Director shall mean the DEPARTMENT's District Secretary for
District One.
A. This Agr~'ment has a term of three (3) years, which term shall begin immediately
following the execution of this Agreement by the DEPARTMEKr.
B. The services to be rendered by the AGENCY shall commence subsequent to the
execution of this Agreement, upon written notice fwm the DEPARTMENT's Project Manager,
and shall continue until its expiration date of . unless terminated in
accordance with paragraph 6 of this Agreement.
3-COMPENSATION AND PAYMENT
A. The DI~PARTMENT agrees to pay the AGENCY for the herein described services
at a compensation as detailed in EXHIBIT A attached hereto m~ madc a part hereof. The
DEP^RTMF2IT shall have the right to retain out of any payment due the AGE2,1CY under this
Agr~-ment an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by
the AGENCY on any other Agreement benveen the AGENCY and the DEPARt.
B. Payment shall be made only after ~ceipt and approval of goods and services unless
advance payments are authorized by the State Compeller under Section 215.422(14), Florida
Statutes.
C. If this contract involves units of deliverables, then such units must be received and
accepted in writing by the Contract Manager prior to payments.
D. Any penalty for delay in payment ~hall be in accordance with Section
215.422(3)Co), Florida Statutes.
E. Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
F. Bills for travel expenses specifically authorized by this Agreement shall be
submitted and paid in accordance with Section 112.061, Florida Statutes.
G. AGENCY providing goods and services to the DEPARTMENT should be aware
of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to
inspect and approve the goods and services, unless the Agreement specifies otherwise. The
DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Deparunent of
Banking and Finance. The 20 days are measured from the latter of the date the invoice is received
or the goods or services are received, inspected and approved.
H. If a pa~m~ent is not available within 40 days, a separate interest penalty of .03333
percent per day will be due and payable, in addition to the invoice amount, to the AGENCY.
Interest penalties of less than one (1) dollar will not be enforced unless the AGENCY requesa
payment. Invoices which have to be returned to an AGENCY because of AGENCY preparation
errors will result in a delay in the payment. The invoice payment requirements do not start until
a properly completed invoice is provided to the DEPARTMENT.
I. A Vendor Ombudsman has been established within the Department of Banking and
Finance. The duties of this individual include acting as a advocate for contractors/vendors who
may be experiencing problems in obtaining timely payments(s) from a state agency. Tbe Vendor
Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline,
1-800-848-3792.
I. Records of costs incurred under terms of this Agreement sh~l be. maintained ,and
made available upon. request to the DEPARTMENT at all times during the period of this
Agreement and for three years after final payment is made. Copies of these documents and
records shall be furnished to the DEPARTMENT upon request. Records of costs incurred
include'$ the AGENCY's general accounting records and the project records, together with
r~upporting documents and records of the AGENCY and all subcontractors performing work on
the project, and all other records of the AGENCY and subcontractors considered necessary by the
DEPARTMENT for a proper audit of costs.
K. The DEPARTMENT, during any fiscal year, shall not expend money, incur an:,'
liability, or enter into any contract which, by its terms, involves the expenditure of money in
excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no money
may be paid on such contract. The DEPARTMENT shall require a statement from the
Comptroller of the DEPARTMENT that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding one year, but any contract so made shall be executory
only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal
years. Accordingly, the State of Florida's performance and obligation to pay under this Contract
is contingent upon an annual appropriation by the Legislature.
L. A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, Florida
Statutee, for Category Two for a period of 36 months from the date of beinS placed on the
convicted vendor list.
4-INDEMNITY AND INSURANCE
A. INDEMNITY. AGENCY agrees, to the extent allowed by Section 768.28 F. S.,
that it will indemnify, defend, and hold harmless DEPARTMENT and all of DEPARTMENT's
officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out
of any acts, actions, neglect or omission by AGENCY, its agents, employees, or subcontractors
during the performance of the contract, whether direct or indirect, and whether to any person or
property to which DEPARTMENT or said parties may be subject, except that neither AGENCY
nor any of its subcontractors will be liabIe under this section for damages arising'out of injury or
damage to persons or properly directly caused or resulting from the negligence of DEPARTME.NT
or any of its office,~, agents, or employees.
The parties agree that 1% of the total compensation to the AGENCY for performance of
tiffs Agreement is the specific consideration from the DEPARTMENT to the AGENCY for the
AGENCY's indemnity agreement.
B. LIABILITY INSURANCE. The AGENCY shall carry and keep in force during
the period of this Agreement a general liability insurance policy or policies with a company or
companies authorized to do business in Florida, affording public liability insurance with combined
bodily in.~try limits of at least $100,000 per person and $300,000 each occurrence, and property
damage insurance of at least $100,000 each occurrence, for the services to be rendered in
accordance with this Agreement.
4
C. WORKER'S COMPENSATION. The AGENCY shall also carry and keep in force
Worker's Compensation insurance as required for the State of Florida under the Worker's
Compensation Law.
5-COMPLIANCE WITH LAWS
A. The AGENCY shall allow public access io all documents, papers, leRers, or other
material mbject to the provisions of Chapter 119, Florida StatUtes, snd made or received by the
AGENCY in con.'mnction with this Agreement. Failur~ by the AGENCY to grant such public
access shall be grounds for immediate unilateral cancellation of this Agreement by the
DEPARTMENT.
B. Tbe AGENCY shall comply with all federal, state and local laws ami o:-,din~,nces
applicable to the work or payment for work thereof, and shall not discriminate on the grounds of
rat. c, color, religion, sex or national origin in the performance of work under this Contract.
6-TERMINATION AND DEFAULT
A. This Coma may be canceled by the DEPARTMENT in whole or in pan at any
time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also
reservea th~ right to seek termination or cancellation of this Agreement in thc event the AGENCY
shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further
reserves the right to terminate or cancel this Agreement in the event an assignment be made for
the ben~fit of creditors. This Contract may be canceled by the AGENCY upon (60) days writ:eh
notice to the DEPARTMENT.
B. If the DEPARTMENT dete _tm_ ines that the performance of the AGENCY is not
satisfactory, the DEPAP. TMENT shall have the option of (a) immedhtely terminating the
Agreaue~ or (1)) notifying the AGENCY of the deficiency with a requirement that the d~ficiency
be corrected within a specified time, otherwise the Agreement will be terminated at the end of
such time, or (c) take whatever action is deemed appropriate by the DEPARTMENT.
C. If the DEPARTMENT requires termimtion of the Agreemem f°r teas°ns °ther than
unsatisfactory performance of the AGENCY, the DEPARTMENT shall notify the AGENCY of
such termination, with instructions to the effective date of termination or specify the stage of work
at which the Agreement is t° be terminated.
D. If the Agreement is terminated before peffo~ is completed, the AGENCY
shall be paid only for that work satisfactorily performed for which costs can be substantiated.
~ ~.'l' ~.' ':' :
Such payment, however, may not exceed an mount which is the same percentage of the contract
price as the amount of work satisfactorily completed is a percentage of thc total work called for
by this ^greemcnt. Ail work in progress will become thc property of the DEPARTMENT and
will be turned over promptly by the AGENCY.
7-~$CELLANEOUS
A. The AGENCY and the DEPARTMENT a/Tee that the AGENCY, its employees,
arcl subcontractors are not agents of the DEPARTMENT as a remit of this Contract for purposes
other than those set out in Section 337.274, Florida Statutes.
B. Ail words used herein in the si..~ular form shall ext.,md to and include the plural.
All words used in the plural fcrm shall ex'md to and include the singular. All words used in any
gender shall extend to and include all genders.
C. This Agreement embodies the whole a~'ccment of the parties. There arc no
promises, terms, conditions, or obligations other than those contained herein, and this Contract
shall supersede all previous communications, representations, or a~-ecments, either verbal or
written, between the panics hereto.
D. h is undemood and alp~ed by the panics hereto that if any pan, term or provision
of this Contract is by the courts held to be illegal or in conflict with any law of the State of
Florida, the validity of the remaining portions or provisions shall not be affected, and the fights
and obligations of the panics shall be construed and enforced as if the Contract did not contain
the panicular pan, term or provision held to be invalid.
E. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.
F. Attachments.
IN WITNESS WHER~F, tl~ AGENCY has caused ~ Agreement to be cx~cuted in its
behalf this . day of_ ., 19 .... , by the _,authorized
to enter into and execute same by Resolution Number dated -,
19 , and the DEPARTMENT has executed this Agreement through its District Secretary for
District One, Florida Department of Transportation, this .. day of ,19_ ·
SOAt~ OF COOtr~ COHNISSlONI~$
BY:_
ATTEST: ,
NAME:_ TIHOI'ItY t,. HAscoaC
TITLE:
TITLe: CHAIE/~AN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST: (SEAL)
EXECUTIVE SECRETARY
BY:
DISTRICT SECRETARY
DISTRICT ONE
NAME:
DOT District Maintenance Engineer
Approval:
DOT Legal Approval as to form and legality:
Availability of Funds
Approval:
~tY AttOrneY--'.~'- '
Dat~
i' H:~'USER$~"GISORLIWll~OALLMAINTAOIL2 "" !
7-.7
EXHIBIT "A"
COMPENSATION
The D~artment aD'ecs to pay the Agency for services rendered in accordance with this
Agreement. A lump sum payment will be made in the amount of Nine Thousand F~ve Hundred
Forty-two Dollar~ ($~ per quarter for a total of
Iji Thirty_ Eight Thousand One Hundred Six .ty-eight Dollam ($
~ ~ l~r y~r.
2- LOCATION AND DF~qCRIPTION OF MAINTENANCE ^CTIVITIF__.~ TO BE
PEI~ORMED.
i .
EXECUTIVE SUMMARY
APPROVE AN AMENDMENT TO THE AGREEMENT WITH GEORGE
BOTNER, ASLA FOR THE DAVIS BOULEVARD LANDSCAPE
BEAUTIFICATION AND STREETSCAPE MASTERPLAN. PROJECT 60013.
~ To request the Board of County Commissioners(BCC) approve an
amendment to the agreement between Collier County and the consultant to provide
professional services during the construction of Davis Boulevard median Landscaping
Phas~ I.
CONSIDERATIONS: On June 4, 1996, the BCC authorized an agreement betw~
Collier County, Collier Naplescape 90's and George Bother, ASLA for Davis Boulevard
Median Landscaping design and Collier County Streetscape Master Plan. Staff
recommends we retain the design professional to assist the county through the
construction phase.
Original Contract
Amendment No. 1 (reproduction cost)
This Current Amendment 0'Io.2)
Total Contract Amount
$52,000.00
$ 1,638.10
S28,875.00
S82,513.10
Amendment No.2 is for construction phase observation and inspection services.
This document has been reviewed and approved for legal sufficiency by the County
ARomey.
FISCAL J, MPACT: Funds are budgeted in th~ miaxlt: ~ ~,8"/~ :tn:
Fund No. 313
Cost Center No. 163673
Project No. 60013
(Gas Tax CIP)
(Surplus Gas Tax Road Construction)
(Streetscape Master Plan)
GROWTH MANAGEMENT IMPAq: None.
RECOMMENDATION: That the Board of County Commissioners approve
Amendment No.2 to the Agreement with Naplescap¢ 90's and George Bother, ASIA for
$ 28,875.00 and authorize the Board chairman to execute the Amendment
Executive Summtry
Amendment No.2
Psge 2
Mitch Mom~ P.~,~t~g
S~or ~j~t M~ag~, O~M
Adolfo ~!~ P.~,
Ed IlscM~, A~ini~tor
Public Wo~
A~~t: ~endm~t No.2
Date:
SUPPLEMENTAL AGREEMENT
TO
DAVIS BOULEVARD LANDSCAPE BEAUTIFICATION
AND
STREETSCAPE MASTER PLAN PROJECT AGREEMENT
FOR
DAVIS BOULEVARD MEDIAN LANDSCAPE PHASE 1
PROJECT NO. 60013
S/A NO. 2
THIS SUPPLEMENTAL AGREEMENT, made and entered into this
day of 1997 by and between Collier County, Florida, a
political subdivision of the State of Florida, hereinafter called the COUNTY, and Collier
Naplescape 90% Inc. AKA Collier Napleseape '90's hereinafter called the Consultant and
George Botner, ASLA, 3584 Exchange Avenue, Suite A, Naples, Florida 34104, duly
authorized to conduct business in the State of Florida, hereinafter called the Professional
and GBASLA.
WITNESSETH
WHEREAS, the COUNTY and the Professional and Collier Naplescape 90's
heretofore on June 4. 1996. entered into a Davis Boulevard Landscape Beautification and
Streetscape Master Plan Project Agreement (the "Agreement") whereby the COUNTY
retained the Professional to furnish certain consulting services in connection with
proposed Davis Boulevard Median Landscaping.
WHEREAS, the COUNTY the CONSULTANT and the Professional agree to
modify the terms and/or scope of the work of the Agreement, and toward that end it is
necessary to:
EXPAND UPON THE SCOPE OF SERVICES PREVIOUSLY AUTHORIZED
FOR THE PROJECT DESIGN AND PERMITTING SERVICES REQUESTED
OF PROFESSIONAL BY COUNTY, AND TO COMPENSATE THE
PROFESSIONAL FOR ADDITIONAL COSTS TO BE INCURRED FOR SUCH
ADDITIONAL CONSTRUCTION MANAGEMENT AND INSPECTION
SERVICES. PROFESSIONAL'S COST PROPOSAL FOR THIS
SUPPLEMENTAL AGREEMENT IS ATTACHED HERETO AND
INCORPORATED INTO THIS SUPPLEMENTAL AGREEMENT.
NOW, THEREFORE, the Agreement is hereby supplemented as follows:
Professional shall provide construction management and inspection services as
described in Attachment A. County shall provide addhional compensation to
Professional in accordance with Attachment A. Attachment A is attached hereto and
incorporated into this Supplemental Agreement.
Except as provided herein, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the panies hereto have set their hands and
BOARD OF COL.rNTY COI~IlSSIONERS
COLLIER COUNTY, FLORIDA
seals on the day and year first above written.
AS TO THE COUNTY:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Assistant County Attorney
BY:
DWIGHT E. BROCK, CLERK [ATTEST]:
AS TO THE CONSULTANT:
TIMOTHY L.HANCOCK, CHAIRMAN
Approvedtas tO f0r~ legal sufficiency
~ss~otant C~untj attor,~e~'
COLLIER NAPLESCAPE 90'S INC.
AS SIGN'ED, SEALED AND DELIVERED
PAUL WROBLEWSKI
' ~"'- . SECOND WITNESS
' JAMES L. MARTIN .. .
~:~" ,-iS 'pO 'rl-t~ p~.o~'
?::-." SIGNED, SEALED, AND DELIVERED
·
IN THE PRESENCE OF:
.IULm C. SPROUL
SgCOND I~rI'I'~SS
IVONE PICK
ATTEST:
CORPORATE SEAL
ATTACHMENT A
SCOPE OF SEKVICES
FOR
SUPPLEMENTAL AGREEMENT TO
CONSULTING SEKVICES AGREEMENT
FOK
DAVIS BOULEVARD MEDIAN LAI~_'DSCAPING
PKOJECT NO. 60013
Supplemental Agreement No. 2
September 26, 1997
ASSL~[PTIONS
l)
GBASLA will be administering the contract for construction as detailed v,'ithin the
FDOT approved Grant Application for Davis Boulevard dated April 1, 1997 as
jointly submitted by the Board of Collier County Commissioners and GBASLA.
2)
Office of Capital Projects Management will serve as our liaison with Collier
County Government which ,,via serve as the contracting authority for both
Construction Contractor and Design Consultant Services.
3)
Construction document formats shall be provided by OCPM consistent with
Collier County procedure but will be administered by GBASLA for action by
OCPM.
This is a lump sum fee proposal based upon assumed staffhours as shown.
However, lump sum amounts shall prevail over actual hours.
s)
Reimbursable out-of-pocket expenses are additional and are payable at invoice
amounts, total of which for the duration oftMs contract shall not exceed $1000.
Reimbursable long distance phone calls, plan and cormruction document printing,
and out-of-town travel. Each such requirement shall be coordinated first with
OCPM.
SCOPE OF SERVICES
GBASLA shall provide the follo~,ing primary services for Davis Boulevard Phase I: ......... :--'
.,[Z..-,,.
Eo
Award. Pursuant to selection of'a qualified Contractor(s), GBASLA shall
administer all normal and customary contract requirements, and forward same to
OCPM for processing, as required.
Construction Observation/Inspection - GBASLA will visit the site at least tv'ice
weekly to determine obvious compliance with construction plans and technical
specifications.
Plant Material Selection - GBASLA shall inspect all tree and palm material at its
source for approval prior to relocation to the project site. GBASLA shall confirm
acceptance or denial of all plant material at the project site prior to installation
upon 48 hour notice by Contractor. Out of'town travel expenses shall not be
reimbursed by the County for this service.
ReQuests for Information_ - GBASLA shall be "on. call" thromzhout the term of'
active construction to answer any and all Contract request f'o~nformation. In
particuIar, GBASLA shall inspect contractor ori~nated layout of'planting beds,
tree and palm locations and major irrigation flxt'ure locations. Out of.town travel
expenses shall not be reimbursed by the County for this service.
GBASLA shall not be responsible for errors in surceved locations of any facility
above wi'rich are the responsibility of'the Contractor.'
GBASLA shall coordinate all requests of'the Contractors' sub-contractors throuszh
the Contractor and the County. Such requests shall be responded to by GBASL,~
only as authorized by the County.
Ail requests for information, clarification, and interpretation shall be responded to
in V, Titing tO both the Contractor and OCPM. Verbal responses may also be given
if ora timely nature.
.WarranW / Clo~e-~ut - GBASLA shall review pro~ess of construction as to pay
requests and requests for Substantial Completion approval, in whole or in parts.
GBASLA will provide plant material warranty inspection at the following
intervals:
Shrubs - 90 days from Substantial Completion
Trees / Palms - 90 days from Substantial Completion - FDOT only.
Trees/Palms - 365 days from Substantial Completion - OCPM only.
COMP£NSATIO~
GBA~LA shall provide all of'the above services for the following lump sum tees in
accordance with this schedule. Pay Kequests will be submitted on the l" and the 1
month. Payment should be made in accordance to Collier County Payment Policy.
SERVICE ITEM'
AMOUNT~
I. Contract Administration 2.000.00_
Bid / Award
S 2,000.00
II
Contract Administration
Construction Observation
Plant Material Inspection(s)
Requests for Information -
4 month period (~ S3,125.00
per month
3,125.00
3,125.00
3,125.00
t2,$00,00 $21,875.00
II
Warranty I Closeout - warranty
period begins at time of final
acceptance by the Landscape
Architect & Collier County
90 Day Warranty - Trees/Shrubs
365 Day Warranty - Trees/Palms
2,000.00
2,000.00 S 4,000.00
Reimbursable out of pocket
expenses (not to exceed)
1,000.00 S 1,000.00
TOTAL S28,$75.00
*The above fee amounts are calculated based upon the following hourly rate:
Principal: 95/hour
Associate $5/hour
Clerical/Technical 3 O/hour
Minimum time requirements by staff' per week have been calculated as f'ollows:
Principal '/.- day / week
Associate 1½ day / week
Clerical/Technical 1½ day / week
** If the construction continues beyond 120 days, the same hourly rates (as shown above)
will be used to calculate consultant fees (not to exceed !;3125Imo).
pagtsu~la lrccl3ndscml~'.'is, do,:
EXECUTIVE SUMMARY
APPROVE RECLAIMED WATER USE AGREEMENT
WITH LAK£WOOD COMMUNITY SERVICES
ASSOCIATION.
OBJE~; That the Board of County Commissionev~, Ex-officio the
Governing Board of the Collier County Water-Sewer District of Collier
County, Florida, approve and execute an Agreement for DeliYery and USe of
Reclaimed Water for Spray Irrigation with Lakewood Community serVi~
Association, Inc.
CONSIDERATION; As the County's wastewater system has continued to
grow, so has its need for additional customers using effluent. As part of the
District's overall plan for effluent disposal, new customers have continued to
be brought on line. One of these areas identified to be served is the
Lakewood Community as it is a large .scale residential area. Bids have been
awarded to upgrade ~t~.o existing reclaimed water pump stations and to make
thc. necessary connection of the District's system to the Lakewood system.
Th~s agreement has been reviewed by the County Attorney's office and
approved az to legal sufficiency.
FISCAL IMPACT: Funds are available in: Fund 414 (County Sewer
Capital Project), Cost Center No. 263611 (Combined Sewer Capital
GROWTH MANAGEMENT IMPA~"I':. None.
,,
Timothy ~lemons, Wastewater Director
RECOMMENDATION: That the Board of County Commissioners
th~ Oov=n~-s ~oard of th, Co~U .=~~at==:_Sjw.~ Di~
APPROVED
Consent Agenda: 10/21/97
AGREEMENT FOR DELIVERY AND USE OF
RECLAIMED WATER FOR SPRAY IRRIGATION
THIS AGREEMENT is made and entered into this da)' of ,1997,
by and between LAKEWOOD COMMUNITY SERVICES ASSOCIATION, INC., (hereinat~er
referred to as "User") and the BOAP,.D OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AS THE EX-OFFICIO GOVERNINO BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, (hereinafter referred to as "DISTRIC'V'). User is used
as singular or plural, as the conte~ requires.
RECITALS:
WHEREAS, the District is desirous of obtaining additional long-term disposal facilities
for treated wastewater effluent, (hereinafter referred to as "reclaimed water") produced by one of
its wastewater treatment facilities; and
WHEREAS, User is desirous of obtaining reclaimed water as a long-term irrigation
resource for its residential and common areas, located upon Lakewood Property as described
herein (hereinafter also referred to as "Property").
WITNESSETH
NOW THEREFORE, in consideration of the covenants hereinafter contained and other
good and valuable consideration, the parties hereto agree as follows:
USER REPRESENTS AND WARRANTS RECORD OWNERSHIP. User has
requested that District provide available reclaimed water to User. User represents and
warrants to District that the parZy or parties identified herein as User constitute all
persons or entities who are responsible for providing irrigation resources to the
Property described in Article II of the Declaration of Covenants, Conditions and
Restrictions for the Lakewood Project described in Official Records Book 581, Page
692 of the Public Records of Collier County (the "Lakewood Property"). User further
represents that it has easement interests or other land rights to accept and distribute
reclaimed water as described herein on the Lakewood Property.
QUANTITY. The User will make reasonable effort to accept from District a
minimum of three hundred sixty five (:365) million gallons per year (GPY) of
reclaimed water for residential and common area irrigation for a period of five ($)
years from the date of this Agreement. The User gua,'antees to pay for a minimum of
three hundred sixty five (365) million gallons per year (G?Y) regardless of actual
acceptance. At the end of the five (5) year period and each successive five ($) 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 reclaimed water and thereafter renewed for successive five (5)
year periods, unless terminated by either party as provided for herein.
QUALITY. The reclaimed water 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 reclaimed
water shall be in accord with all requirements of permits issued by local, state and
federal regulatory agencies v, ith jurisdiction over such activities.
POINT OF DELIVERY DEFINED. The Point of delivery of effluent shall be where
the reclaimed water passes into the User's pipeline(s) as described on Exhibit A
attached hereto. The District shall own, operate and maintain the reclaimed water
distribution system and related storage tank(s), if any, and shall be deemed to be in
possession and control of the reclaimed water therein, upstream ofthe Point of
Delivery. The User shall own, operate and maintain the reclaimed water distribution
system and related lake storage facility, ifany, and shall be deemed to be in
possession and control of the reclaimed water therein, d0wr~streaml of the Point of
Delivery. Point of Delivery is used as singular or plural, as the context requires.
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 reclaimed water delivery system up to the Point of
Delivery. Thc District shall bear all costs of operation and maintenance of the
reclaimed water delivery system up to and including the Point of Delives3r.
USER RESPONSIBILITIES DOWNSTREAM OF POINT OF DELIVERY. The
User shall take full responsibility for the design, consm~on. ~ fm~ming of
all costs and placing in operation the reclaimed water deliver3r system (!o~~ of
the Point of Delivery. The User shall bear all costs of operation and maintexmm:e of
the reclaimed water delivery system downstream of the Point of Deliveqr.
e
I0.
11.
STANDARD OF MAINTENANCE. User shall maintain all reclaimed water
distribution facilities dox~'nstream 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, the District shall have the right, but not the duty, to
enter upon the Property to correct maintenance deficiencies and charge User therefor.
RATE TO BE CHARGED FOR EFFLUENT. For furnishing of the reclaimed water,
the District shall initially charge and User shall pay the sum of thirteen cents ($.13)
per thousand gallons (hereinafter referred to as "reclaimed water" rate) for reclaimed
water. Said reclaimed water 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 December 1997. The User shall pay to the District the charges
set forth above, as an availability charge, regardless of whether or not the User takes
reclaimed water.
RATE CHANGES. The District shall have the right to decrease or increase the
reclaimed water rate from time to time upon providing thirty (30) days prior written
notice ora rate change. Any increase in the reclaimed water rate shall only arise from
the District's increase in costs representing production, treatment and deliver~ of
reclaimed water, or as the result of a rate study which determines that an increase in
the reclaimed water rate is rt'quircd to finance the costs of production, treatment and
delivery of the reclaimed water..Any rate increase shall be the same increase or rate
charged to similarly situated users.
BILLING. The District shall bill the User monthly for the reclaimed water quantity
agreed upon herein. Should the User desire additional reclaimed water, and the
District be willing and able to supply reclsi_med water exceeding the amount (GPD)
agreed upon herein, the User shall be billed for this additional amount within the
normal billing procedure. The User agrees to pay for this additional reclaimed water
at the prevailing effluent rate. The User shall make payment to the District within
thirty (30) days of the date of the monthly statement.
UNPAID FEES ARE A STATUTORY LIEN. The User 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 an automatic lien on the property owned by User,
described in Exhibit B, pursuant to Chapter 153, Part Il, Florida Statutes, as amended.
12.
RECLAIMED WATER AVAILABILITIY. The District shall make a diligent effort
to make available to User the agreed upon quanti~' of reclaimed water during any 24-
hour period. It is the express intention of this Agreement that this quantity of
reclaimed v,'ater shall be available for withdrawal by user at any time during the, 24-
hour period from the storage facility on District's property. Except as a result of an
Act of God or Natural disaster or situations described in Section 1:5, or except as
provided in Section 19, if at any time the District shall be unable to provide reclaimed
water to User for an emended period of time (over 4.5 days), User shall be credited for
all water user must obtain to cover its necessary usage requirements at the contract
rate during the period of non-providing.
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 reclaimed water temporarily cease. Such notice shall be
in writing where circumstances permit and, in the event of an immediate emergency,
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 reclaimed water for a period not to exceed three (3) days
in such an emergency situation. Such storage of reclaimed water, however, shall be
subject to the rules, regulations and directives of the Florida Department of
Environmental Protection. Emergencies shall include but shall not be limited to:
(a) Climatic conditions such as hurricanes, floods or unseasonably excessive
rainfall which makes it impossible for User to accept the reclaimed water.
Co) Short term equipment or material failure, making it impossible for User to
store or distribute the reclaimed water.
(c) An Act of God which makes it impossible for User to accept, store or
distribute the reclaimed water.
14. 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, Bldg. H/3'~ Floor (941)732-2575
Naples, Florida 34112
Co)
Collier County Wastewater Director
3301 E. Tamiami Trail, Bldg. H/3'a Floor (941)732-2575
Naples, Florida 34112
(c) Supervisor, Collier County. South Count)'
Regional Wastewater Treatment Facility
5600 Warren Street
Naples, Florida 34113
(941)774-6886
15. DISTRICT NOT LIABLE FOR FAILURE TO DELIVER RECLAIMED WATER.
The District shall not be held liable by User for failure to deliver reclaimed water ifa
reasonable situation preventing such delivery exists. Such situations shall include,
but not be limited to:
(a) A lack of reclaimed ~,~ter due to loss or lack of flow to the treatment plant or
due to process failure.
Co) Contamination in the reclaimed water m -aking it unusable for irrigation.
(c) Equipment or material failure in the reclaimed water delivery system,
including storage and pumping.
(d) An Act of God which makes delivery by the District not reasonably feasible
or impossible.
! 6. NOTIFICATION OF USER. The representative of User who shall be notified in the
event of an emergency or District's inability to deliver reclaimed water is:
(a)
Jeanne Brooker, President
3635 Boca Ciega Drive, #109
Naples, Florida 34112
(941)7744258
Co)
R & P Management
c/o Jack Felber
265 Airport Road South
Naples, Florida 34104
(941)643-3353
If and when emergency situations occur, the District 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.
19.
20.
USE OF EFFLUENT. Except as set forth above, User shall accept the reclaimed
water delivered by the District and use it for irrigation on the Property in any manner
determined by User, except that use of the reclaimed water shall be consistent with
local, state and federal regulations. Except as the normal use of the irrigation system
may incidentally spray reclaimed water into the lakes, ponds, ditches and sloughs on
the Property, User shall not discharge recIaimed water directly into the surface waters
of the Slate of Florida without written authorization from the Florida Department of
Environment Protection. User shall take all reasonable precautions, including signs
and labeling, to prevent confusion between reclaimed water sources and other water
so~ces downstream of the Point of Delivery. The District shall be deemed to be in
possession and control of the reclaimed water until it shall have been delivered to
User at the Point of Delivery, after which delivery User shall be deemed to be in
possession and control of the reclaimed water.
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, u'ansmission and distribution
systems or the application and use of reclaimed water, then to the ex'tent 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.
USER'S RIGHT TO TERMINATION; AGREEMENT RUNS WITH USER'S
LAND. The User shall have the right to terminate this Agreement ifthe District
continually fails to deliver reclaimed water, 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 reclaimed water that User owns, or otherwise has a
property interest in, except that written notice of any proposed sale or transfer of any
lands or other property interests by User must be given to the District, as provided for
herein, at least thirty (30) days prior to the sale or transfer. So long as use of any
lands or other property interests held by User shall substantially continue to be for the
purposes intended by this Agreement, any subsequent party 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 lmnaferee, or successor in interest to the User.
.,.. o. ~ ..;'
.....
21.
22.
23.
24.
25.
DISTRICT'S RIGHT TO TERMINATION. 'i'he District shall havc the fight to
terminate this Agreement if the User fails to accept reclaimed water 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 ofor
using the reclaimed water, 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.
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
party 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
reclaimed water.
ACCESS. The District shall have the right, but not the duty, to enter upon the
Lakewood Property to review and inspect at reasonable times the practices of user
with respect to conditions agreed herein. Such entry shall normally be for the purpose
of review of the operation of the reclaimed water irrigation system, for inspection of
distribution mains and appurtenances, and for sampling at any monitoring wells
located on the property of User. User may have a representative accompany the
District personnel.
INDEMNIFICATION. User acknowledges that the reclaimed water, due to ils
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 reclaimed water. The User, ir) consideration often dollars, receipt and
sufficiency of which is accepted through th, si~ning of this AgreemenL shall hold
harmless and defend the District and ::.'- agents and employees from all suits and
actions, including attorneys' fees and all costs o f litigation and judgments of any
name and description arising out of or incidental to this Agreement. This paragraph is
not intended to require User to indemnify, the District for the District's sole
negligence.
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 ofaction shall accrue upon or by reason hereof, to or for the benefit of 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 effect the other parts of this
Agreement iftl'e fights and obligations of the parties contained therein are not
materially prejudiced and if the intentions oftbe parties can continue to be effected.
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 fights or obligations under this
Agreement is prohibited without prior written consent of the District.
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
for the day and year first above mentioned.
Printed/T~'ped Name
(2)
7-,
Printed/Typed Name
STATE OF FLORIDA
COUNTY OF COLLIER
Lakewood Community Services
Association, Inc.
Printed/Typed Name
PHntedFryped Title
(Corporate Seal)
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
well known to me to be the /~r~'! ~/ ,- ,.e T"-- of Lakewood Community Services
Association, Inc. being authorized so to do, executed the foregoing Effluent Agreement for the
purpose therein contained under authority duly inve.~.ed by the ~,9~,e ,/j/ ~0t;-,-t/,~,.s , and
that the seal affixed thereto is the true seal of said ,~. ('. ~'.
WITNESS my hand and official seal in the County and State last aforesaid this ,,~ ~ day
of_ -~"¢'~,z~ ~ ,1997.
('Notarial Seal)
~.Otary Public
~qVly Commission Expires:
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form and
legal sufficiency:
~Mlchael W'~. Pettit'
Assistant County Attorney
BOARD OF COUNTY COMMISISONERS OF
COLLIER COUNTY, FLORIDA, AS
EX-OFFICIO THE GOVERNING BOARD OF
THE COLLIER COUNTY WATER-SEWER
DISTRICT
By:
TIMOTHY L. HANCOCK, CHAIRMAN
0
0
.~rr£
FOXFIRE
BOULEVARI] ..
LAKE
THOMASSON DRIVE
HAMMOCK RD.'
LOCATION FLAN
A
EXHIBIT B
PROPERTY OWNED BY USER
Ail of the Common Properties as referred to in that certain Declaration of
Covenants, Conditions and Restrictions for the Lakewood Project, as recorded in
the Office of the Clerk ofthe Circuit court in Officials Records Book 581, Page
692 et seq., public Records of Collier County, Florida, together will all
appurtenances thereunto appertaining and specified in said Declaration and ali
amendments thereto; conceivably and including any all control structures existing
as pm of the surface water management system; subject to restrictions,
easements, and reservations of record as stated in said Declaration.
Outlot "A" Lakewood Unit No. 4, according to prat thereof recorded in Plat
Book 12 Page 27 of Public Records of Collier County, Florida.
Drainage Right-of-Way adjacent to Lots !, 2, and 3, Block "H", Lakewood
Unit No. 1, according to plat thereofin Plat Book 12 page 8 of Public
Records of Collier County, Florida.
Drainage Right-of-Way lying between Block "L" and Block "IT', Lakewood
Unit No. I, according to plat thereofrecorded in Plat Book 12 Page g of
Public Records of Collier County, Florida.
I /f/.. ·
EXECUTIVE SUMMARY
APPROVE CHANGE ORDER NO. 2 TO SOUTH COUNTY REGIONAL
WASTEWATER TREATMENT FACILI'r¥ UPGRADE CONTRACT 1,
BID 96-2509, PROJECT NO. 73916
OBJECTIVE: That the Board of County Commissioners, as the Ex- Officio Governing
Board of the Collier County Water Sewer District, approve Change Order No. 2 to
reconcile actual expenditures relative to three separate categories of allowances specified
in the Contract.
CONSIDERATIONS: On April 23,1996 the Board of County Commissioners awarded
Contract No. 96-2509 to Cardinal Contractors Inc., in the mount ors 2,851,000. The
current contract amounts including proposed Change Order No. 2 would be as follows:
Original Contract Amount
Change Order No. 1 - Add
Change Order No. 2 - (Deduct)
Revised Contract Amount
S2,851,000.00
43,816.10
(33,816.10)
2,861,000.00
This Contract includes three separate categories of allowances: Interferences and
Additions, Concrete Repair and Electrical Service. These are used to address unforeseen
conditions, unforeseen conflicts and desired additions found during construction.
Change Order No. I was approved administratively for $43,816. It includes work for
Interferences and Additions in excess of the contract allowance for this category ofwork.
It also includes one other item for S5,834.40 for which staffwill pursue reimbursement
from the design professional as an error and omission. Change Order No. 1 added 184
days to the contract time. This includes additional time justified by the Contractor. It
also includes additional time as negotiated by staffto reduce the cost of additional work,
specifically Proposed Contract Modification (PCM) No. 28 which was negotiated from
$28,250 down to $10,000.
Change Order No. 2 is for a deductive amount of $33,816.10, copy attached. It added
$14,097.00 for PCM's No. 32, 33 and 35 as Interferences and Additions and deducted
$47,913.10 to reconcile the balance of unused allowances.
Executive Summary
SCKWWTF Contract 1, Changc Order No. 2
Page 2
The total of the allowance~ included in this Contract is ia the amount of $170,000.
Actual expenditures for allowances are summarized below:
Electrical Service
FISCAL IMPACT:
Allowance ~ ~ Total
S (100,000.00) $137,951.70 $14,007.00 :$52,078.70
Additions
(30,000.00) 0.00 0.00 (30,000.00)
(40,000.00) 22,086.90 0.00 (17,913.10)
0.00 5,834.40 0.00 5,834.40
Net Contract Add $10,000.00
A budget amendment is needed to prox4de funds from Reserves in
the amount of $10,000.
From: Fund:
Cost Center:
Object Code:
To:
Fund:
Cost Center:
Project:
414, Wastewater Capital Projects
919010, Reserves
993010, Reserves for Capital Outlay.
414, Wastewater Capital Projects
263611, Combined S~,ver Capital Projects
73916, SCRWWTP Improvements - Contract 1
Any proceeds received in resolving the errors and omissions claim will be credited to the
project.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the
Governing Board of the Collier County Water Sewer District approve Change Order
No. 2, authorize the OCPM Director to execute the change order, and approve the
necessary budget amendment.
A Alicia Abbo.,c~M Project Manager I
'.4&~'o ^.~_,on~ P~., OC~M Dire'tot
%dmin/~rator
DATE:
DATE: ~ 7
Collier County Water-Sewer District
South County Regional Waste. water Treatment Facility
Contract 1
Chlorine Contact Tank Improvements,
New Reclaimed Water Pump Station and
Electrical Service Building
Change Order No. 1
Exhibit "A'
Nature of Changes
A. Cash Allowance for Interferences and Additions
Unforseeable Conditions
Proposed Contract Modification (PCM) 2 - Provide all labor material and
equipment to add the additional fittings and pipe to revise the connections to the
36" reclaimed water main and the existing $" tank drain due to the pipes being
different from the record drawings.
PCM 8- Provide all labor, material and equipment to remove the unsuitable
material below the 30" and 36" effluent mains and to replace with a suitable
material as specified in the contract documents.
PCM 16 - Provide all labor, material and equipment necessary to remove the
existing concrete from the existing chamber that the proposed flow meters are to
be installed in.
PCM 21 - Provide all labor, material and equipment to raise the proposed 30"
reuse main over the existing 45" line that is higher than the record drawings
indicate.
PCM 25 - Provide all labor, material and equipment to correct the slope of the
existing $" tank drain line to slope correctly.
PCM 26 - Provide all labor, material and equipment to install 36" pipe around
conflict with 12" Filter backwash main.
PCM 27 - Provide all labor, material and equipment to modify existing g" force
main route to avoid conflict with 36" reuse piping.
PCM 28 - Provide all labor, material and equipment to remove of deleterious
material below 36" Reuse main.
PCM 30 - Provide all labor material and equipment to resolve conflict betxveen
36" reuse piping and existing drain manhole.
PCM 31 - Provide all labor, material and equipt~ent to remove the rock below
the 36" reuse main that the boring did not indicate was there and backfill with
Collier County Water-Sewer District
South Count>' Regional Wastewater Treatment Facility Improvements
Contract I - Reuse Pump Station and Chlorine Contact Tank Modifications
Change Order No. 1
Exhibit "A'
Page 2
Functional Reliability
PCM 6 -Provide all labor, material and equipment to add an extension to the
generator exhaust to match the exhaust outlet on the generator set that was
purchased by the owner for the contractor to install.
PCM 7 - Provide the chlorine mixing system as approved in Submittal No. 59.
PCM 9 - Provide all labor, material and equipment to install additional
reinforcing steel as directed by the structural engineer to tie the eyebrows into
the columns at the electrical building.
PCM 10 - Provide all labor, material and equipment to change the method of
constructing the columns per direction from the structural engineer at the
electrical building at the floor elevation. Changes were made in the field under
the direction of the structural engineer and prior to shop drawing approval.
PCM 11 - Provide all labor, material and equipment to fill the cells of the
concrete block in the wall between the generator room and the electrical room.
The change is to conform to the requirement to fill the concrete block cells as
noted during the building permit review and issuance.
PCM 15 - Change the diesel fuel piping that runs from the diesel fuel storage
area to the generator room from below ground double wall pipe to above ground
black iron pipe. The change will result in a credit to the contract amount.
PCM 17 - Provide all labor, material and equipment to add a 30"x 24" tee into
the proposed 36" reuse water main at a location as specified by the engineer.
PCM. 19 - Provide all labor, material and equipment to install a sample pump
and associated piping at the sample well. Work also to include a structure, pump
and associated piping to collect the sample water and pump it down the deep
well.
PCM 23 - Provide all labor, material and equipment to add three additional
scuppers at the electrical building roof.
PCM 24 - Provide all labor, material and equipment to convert 24" butterfly
valve operator controls from open-close service to modulating service.
Collier County Water-Sewer District
South County Regional Wastewater Treatment Facility lmpr. ovements
Contrac! 1 - Reuse Pump Station and Chlorine Contact Tank Modifications
Change Order No. i
Exhibit "A"
Page :3
dj
Personnel Safety
PCM 5 - Provide all labor, material and equipment to change the proposed rail
system from a 2 rail system to a 3 rail system.
Improve Operational Efficiency
PCM 3 - Provide ali labor, material, and equipment to provide and install an
aluminum cover over the existing bleach storage and pumping system.
Aluminum cover to conform to the specifications anached to this exhibit entitled
"SECTION 05700, ALUMINUM FRAME AND ROOF." Work also to include
the electrical work to install lights underneath the aluminum cover.
PCM 4 - Provide Water Specialties flow meters in lieu of McCrometer meters.
B. Cash Allowance for Concrete Repair (no items)
Ce
Cash Allowance for Electrical Service
PCM 20 - Provide all material, labor and equipment to coordinate and pay FP&L for
the installation of the new electrical service.
De
Additional Scope
PCM 14 - Provide all labor, material and equipment to install pipe supports for the
pre-stressed concrete cylinder pipe (PCCP) at the flow meter locations. Pipe
supports are to conform to recommendations by the PCCP supplier.
Ee
Items Not Recommended or Not Required
PCM 1 - Request for additional compensation for coordination of pre-purchase
equipment.
PCM 13 - Change saddles for water meters bom mounted on ductile iron pipe to pre-
stressed concrete cylinder pipe.
PCM 22 - Equipment and programming offered for ~vitchgear provided by Owner.
PCM 29 - Move the location of the 45" x 36" hot-tap.
Collier County Water-Sewer District
South County Regional Wastewater Treatment Facility Improvements
Contract I - Reuse Pump Station and Chlorine Contact Tank Modifications
Change Order No. 1
Exhibit "A'
Page 4
II.
Changes in Contract Time
PCM 12 and PCM I 8 were for time extension only. Other PCM's listed above include
cost and additional time. The total additional time required to complete the work will
extend the contract time 184 days.
III. Changes in Contract Amount
A. Cash Allowance for Interferences and Additions
I. Unforeseeable Conditions
PCM 2 - Conflict with 36" reclaimed water main and $15,290.00
8" tank drain
PCM 8 - Unsuitable material below the 30" and 36" 5,929.00
effluent mains.
PCM 16 - Remove the existing concrete at the proposed 6,590.00
flow meters.
PCM 21 - Raise the proposed 30" reuse main at the 1,892.00
existing 48" line
PCM 25 - Correct slope of existing g" drain line 772.75
PCM 26 - Conflict with 12" filter backwash drain line 7,396.80
PCM 27 - Modify existing $" force main routing · I,I 78.63
PCM 28 - Removal of deleterious material below 36" 10,000.00
reuse main
PCM 30 - Conflict with existing drain manhole 1,545.:50
PCM 31 - Remove rock at 36" reuse main 23,101.98
Subtotal
2. Functional Reliability
$73,696.66
PCM 6 - Generator exhaust extension. $916.00
PCM 7 - Chlorine mixing system as approved in 10,000.00
submittal # 59.
PCM 9 - Add. Reinforcing steel eyebrows at the 390.88
Electrical Building
PCM I0 - Modify columns at the Electrical Building !,261.42
PCM ! i - Fill the cells in the Electrical Building. 627.79
Collier County Water-Sewer District
South County Regional Wastewater Treatment Facility Improvements
Contract 1 - Reuse Pump Station and Chlorine Contact Tank Modificatiofis
Change Order No. 1
Exhibit "A"
Page $
PCM 15 - Change the diesel fuel piping.
PCM 17 - Add a 30"x 24" tee into the proposed 30"
reuse water main.
PCM 19 - Sample pump system at the Monitoring Well.
(3,486.00)
3,994.61
29,520.00
PCM 23 - Add three scuppers at the Electrical Building.
925.80
PCM 24
- Change 24" butterfly valve to modulating
valve
Subtotal
2,182.00
$46,332.50
3. Personnel Safety.
PCM 5
- Change the handrail system from 2 rail to 3
rail system.
Subtotal
$2,711.98
$2,711.98
4. Improve Operational Efficiency
PCM 3
PCM 4
- Cover for the Disinfection System.
- Flow meters
Subtotal
$12,768.53
2,472.03
$15,240.56
Total Amount Required for Interferences and Additions
Original Contract Amount for Interferences and Additions
Amount required in excess of Original Allowance
Concrete Repair
Original Contract Amount for Concrete Repair
Total Amount Required for Concrete Repair
Amount remaining in Allowance for Concrete Repair
$30,000.00
0.00
$30,000.00
$137,981.70
-100,000.00
$37,981.70
~j~, Sou~ ~ ~ _ ~---:-- and Chlonne Contac~ T~
' ~age 6 . .
[ '~ C. ~ Allowsace for ~lectn~i ~ce
,~ ~M 20 - FP&L cl~tH~! se~iC¢. To~l~
'
;~:. ~i,lnal Contact Amount for Erotical Sonic
';';?" -~ a~t Required for Elect6~l Se~ce _
~ Amount r~alning in AllowanCe for Eleculcal
!?~ D. Additional Sco'
- PCM 14 - Pipe sup~nS for ~c pra.~essed Concratc
i~~ Cylinder Pipe al ~ flow meter locations. _
To~l
Original Contract Amount for Additional Scope
Amount required in excess of Original Contract Amount
TOTAL AIvIOUN'T FOR CHA,NGE ORDER NO. 1
Allowance for Interferences and Additions
Additional Scope
Total Amount for Change Order No. !
$22,086.90
$40,000.00
-22,056.90_
SI7,913.10
S5.$S4 40
S5,834.40
S5,834.40
0.00
S5,$34.40
$37.951.70
5,834.4~
$43,816.10
Collier County Water-Sewer District
South County Regional Wastewater Treatment Facility
Contract 1
Chlorine Contact Tank Improvements,
New Reclaimed Water Pump Station and
Electrical Service Building
Change Order No. 2
Exhibit "A'
Nature of Changes
A. Cash Allowances for Interferences and Additions
Unforseeable Conditions
Proposed Contract Modification (PCM) 32 - Remove concrete at Electrical
Building.
PCM 35 - Relocate 8" Plant Supply Water to Sludge Building that needed to be
moved to avoid conflict with new chlorine contact tank extension.
Functional Reliability
PCM 33 - Provide all labor material and equipment to extend the height of the
wall at chamber "A" using concrete masonr3' block.
B. Cash Allowances for Concrete Repair (no items)
C. Cash Allowances for Electrical Serxice (no items)
D. Additional Scope (no items)
E. Items Not Recommended or Not Required
PCM 34 - Pumping of&watering discharge into Aeration Basin.
II. Changes in Contract Time (no changes in contract time)
IlL Changes in Contract Amount
A. Cash Allowance for Interferences and Additions
I. Unforeseeable Conditions
PCM 32
PCM 35
- Remove concrete at existing electrical
building
- Relocate $" plant service water to Sludge
Building
Subtotal
2. Functional Reliability
PCM 33
- Extend height of Chamber "A" as required for
temporary reuse pump control
Subtotal
Amount for Interferences and Additions for CO No. 2
Amount for Interferences and Additions for CO No. i
Total Amount Required for Interferences and Addtions
Original Contract Amount for Interferences and Additions
Amount required in excess of Original Allowance
B. Concrete Repair (Not Used)
Total Amount Required for Concrete Repair
Original Contract Amount for Concrete Repair
Amount required in excess of Original Allowance
C. Fee Allowance for Electrical Service
Amount for Electrical Service for Change Order No. 2
Amount for Electrical Service for Change Order No. I
Total Amount Required for Electrical Service
Original Contract Amount for Electrical Service
Amount required in excess of Original Allowance
$ I ! ,000.00
1,370.00
$12,370.00
SI,727.00
$1,727.00
$14,097.00
137,981.70
$0.00
22,086.90
$152.078.70
-100,000.00
$52,078.70
S0.00
-30,000.00
-S30,000.00
$22,086.90
-40,000.00
-$17,913.10
D. Addition:fl Scope
Amount for Additional Scope for Change Order No. 2
Amount for Additional Sc~pe for Change Order No. 1
Total Amount Required for Additional Scope
Original Contract Amount for Additional Scope
Amount required in excess of Original Contract Amount
TOTAL AblOUNT FOR CHANGE ORDERS
TotaJ Amount for Change Orders No. ! and No. 2
Total Amount for Change Order No. I
Total Amount t'or Change Order No. 2
S0.00
5,834.40
S5,834.40
0.00
$5,834.40
SI0,000.00
-43,816.10
-S33,816.10
~XECUTIVE SUMMARY
APPROVE THE PROFESSIONAL SERVICES AGREEMENT WITH JOHNSON
ENGINEERING, INC. FOR DESIGN AND PERMITTING OF GOODLETTE-
FRANK ROAD FOUR LANING I~TPROVEMENTS, CIE PROJECT NO. 065
(RFP NO. 96-2599). "
~ To obtain approval from the Board of County Commissioners, and as Ex-
Officio the Governing Board of the Collier County Water-Sewer District, to execute the
negotiated design contract for Goodlette-Frank Road with the number one ranked
consulting firm.
CONSIDERATION; Technical and qualification proposals from five engineering firms
were reviewed and evaluated by the Goodlette-Frank Road consultant selection
committee. Under Agenda Item no. 16 (B) 8 oftbe September 16, 1997 Board session,
staff reported the top four ranked firms as being (1) lohnson Engineering, Inc.; (2) Aim
Engineering, Inc.; (3) Agnoli, Barber and Brundage, Inc.; and (4) Hole, Montes and
Associates, Inc. The Board elected to defer the staff recommended contract award to
Johnson Engineering, Inc. until after conducting interviews with each of the top four
firms.
On October 7, 1997 under Agenda Item No. 8 (B) I, the Board listened to and evaluated
presentations by each of the four engineering firms. The Board rendered a final County
ranking of firms as follows:
No. 1: Iohnson Engineering, Inc.
No. 2: Agnoli, Barber and Bmndage, Inc.
No. 3: Hole, Montes and Associates, Inc.
No. 4: Aim Engineering, lac.
A Professional Services Agreement has been negotiated with Johnson Engineering, Inc.
Staff' has negotiated the scope of services and fee structure to address both conventional
and special engineering requirements for Goodlette-Frank Road and needs by bordering
residential communities. A tabular summary of the primary service categories and costs is
provided below.
~gq>,ice Task Description
1. Public Involvement Program*
2. Engineering and Land Surveys*
3. Geotechnical Services*
4. Traffic Analysis
5. Design Development/Comparative
Analysis*
6. Roadway Design Plans
7. Utility Relocation Plans
8. Right-of-way maps*
$21,540.00 (lump sum)
$93,675.00 Oump sum)
$25,006.00 (lump sum)
$24,625.00 (lump .,gum)
$46,775.00 (lump sum)
$222,000.00 (lump sum)
S14,250.00 0ump sum)
$3 l, l $0.00 (lump~~.."~'~("~'~" -~
Executive Summary
Design and Permitting of Goodlette-Frank Rd.
Page 2
9. Signal, Lighting, Pavement Marking Plans
10. Permitting
i 1. Contract Documents
Sub-total Design Services =
12. Bid Advisory Services
13. Post design Services
TOTAL RECOMMENDED LUMP SUM CONTRACT
AMOUNT" ~
*considered as Additional Services above basic design services
$5 !,731.00 (lump sum)
$42,200.00 (lump sum)
528,000.00 0ump sum)
516,000.00 (lump sum)
S48,200.00 0ump sum)
The negotiated fee to design and permit the project to attain a bid ready status for
construction is $600,982.00. This total design fee amount approximates 12% ofthe
estimated 55,000,000.00 construction value, and is considered fair and reasonable
compensation for professional engineering services. It is noted that basic design services
in the amount of 5382,806.00 (tasks 4, 6, 7, 9-11 above) represents 7.66 % ofthe
estimated construction value. The remaining design fee of 5215,176.00 is allocated for
Additional Services (tasks 1-3, 5, 8) which are above the customary design services. The
remaining contract service fee of 564,200.00 for bid advisory se~ices and construction
support services shall supplement in-house construction project management efforts and
personnel.
Staff'recommends an approval and execution of the attached Professional Services
Agreement, which has been reviewed and approved by the County Atlomey and the Risk
Management Department.
FISCAL IMPACT: Funds in the amount of 5665,182.00 are available in Fiscal Year
97/98 in:
Fund No.:
Cost Center No.:
Project No.:
334 (Road Impact Fee District 3)
163650 (Road Impact Construction)
60134 (Ooodlette-Frank Road Widening)
GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No. 065
is consistent with the Transportation Sub-Element of the Growth Management Plan.
REO~MMENDATION: That the Board of County Commissioners, and as Ex-Officio
the Governing Board of the Collier County Water-Sewer District: (1) Approve the
negotiated contract service fee of $665,182.00 with Johnson Engineering, Inc.; and, (2)
Direct the Chairman to execute the Professional Services Agreement.
or, ce of Cal~il Projects ~aanasement
!;~,..; Stephe~'Y. Camell, Director
~r'' ' ' Purchasing Department
REVIEAVED BY:
Ed llschner, Administrato
Public Works Division
. ' ~'~" attaclu~ent: Professional Services Agreement (2 originals)
i~'i~: ' pag,,ex~umcieslt~mgtff~llfr.doc
PROFESSIONAL SERVICES AGREEMENT
THIS AGREElVIENT is made and entered into this da), of -.
19 , by and between the Board of County Commissioners for Collier County, Florida, a
political subdivision of the State of Florida (hereinafter referred to as the "OWNER") and lohnson
Engineering, Inc., a Florida corporation, authorized to do business in the State of Florida, whose
business address is 2640 Golden Gate Parkway, Suite 216, Naples, Florida 34105 (hereinafter
re[erred to as the "CONSULTANT").
WITNE$SETH:
WHEREAS, the OWNER desires to obtain the professional englneering and surveying
services of the CONSULTANT concerning certain design services for Goodlette-Frank Road
(hereinafter referred to as the "Project"), said services being more fully described in Schedule A,
"Scope of Services", which is attached hereto and incorporated herein; and
WHEREAS, the CONSULTANT has submitted a proposal for provision of those
services; and
WHEREAS, the CONSULTANT represents that it has ~xpertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the
contained herein, the parties hereto agree as follows:
mutual covenants and provisions
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional engineering and surveying services in
all phases of'the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope
of'Services described in detail in Schedule A. The total compensation to be paid CONSULTANT
by the OWNER for all Basic Services is se, forth in Article I:ive and Schedule B, "Basis of'
Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such ]~censes as are required to do business in the State of' :l:lorida and in Collier County,
l~orida, including, but notlimited to, all licenses required by the respective state boards and other
governmental agencies responsible for regulating and licensing the professional services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under l:'lorida Statutes, requires a license, certificate of' authorization
or other form of' legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services.
1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days
aRer receiving its Notice to Proceed, a qualified licensed professional to serve as the
CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The
Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with
respect to directing, coordinating and adm/n~stering all aspects of the services to be provided and
performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued
by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a
written statement, executed by the proper officers of the CONSULTANT, acknowledging that the
Project Manager shall have'-~ull authority to bind and obligate the CONSULTA]qT on all matters
ar/sing out of or relating to this Agreement. The CONSULTANT agrees that the Project
:Manager shall devote whatever time is required to satisfactorily manage the services to be
provided and performed by the CONSULTANT hereunder. The person selected by the
CONSULTA]'qT to serve as the Project Manager shall be subject to the prior approval and
acceptance ofthe OWNER.
1.6. CONSULTAHT agrees, within fourteen (14) calendar days of receipt of a written request
fi.om the OWNER, to promptly remove and replace tho Project Manager, or any other personnel
employed or retained by the .CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultant$ or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, whom the
OWNER. shall request in writing to be removed, which request may be made by the OWNER. with
or without cause.
1.7. The CONSULTANT has represented to the OWNER. that it has expertise in the type of
professional services that will be required for the Project. The CONSULTANT agrees that all
services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the
OWNER's review and approval and shall be in accordance with the generally accepted standards
of professional practice in the State of Florida, as well as in accordance with ail published laws,
statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies
which regulate or have jurisdiction over the Project or the services to be provided and performed
by CONSULTANT hereunder. In the event of any conflicts in these requirements, the
CONSULTANT shall notify the OWtqEK of such conflict and utilize its best professional
judgment to advise OWNER regarding resolution of the conflict.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER's prior written consent, or unless incident to the proper
performance of the CONSULTANT's obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph.
1.9. CONSULTANT agrees to certiB] all estimates of construction costs and Project completion
dates prepared by the CONSULTANT. Said certifications shail be in a form approved by the
OWNE~
1.I0. Evaluations of the OWNER'S Project budget, preliminary, estimates of construction cost
and detailed estimates of construction cost prepared by the CONSULTANT represent the
CONSULTANT'S best judgment as a design professional familiar with the construction indu:;try.
The CONSULTAlqT cannot and does not guarantee that bids or negotiated prices will not vary
from any estimate of construction cost or evaluation prepared or agreed to by the
CONSUL'TAlqT. lqotwithstanding anything above to the contrary, CONSULTANT shall revise
and modify Construction Documents and assist in the rebidding of'the Work at no additional'cost
to OWNER, if all responsive and responsible bids exceed the estimates of' construction costs
prepared by CONSULTAIqT.
1.11. CONSULTANT shall not be responsible for means, methods, techniques, sequences or
procedures of construction selected, by contractors or the safety precautions and programs
incident to the work of contractors.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others
Additional Services of the types listed in Article Two herein. These services will be paid for by
OWI~EK as indicated in Article Five and Schedule B. The following services, if not otherwise
specified in Schedule A as pan of Basic Services, shall be Additional Services:
2.1. Preparation of applications and supporting documents (except those already to be furnished
under this Agreement) for private or governmental grants, loans, bond issues or advances in
connection with the Projec/7
2.2. Services resulting from significant changes in the general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity, OWNBK's schedule
or character of construction; and revising previously accepted studies, repons, design documents
or Contract Documents when such revisions are required by changes in laws, rules, regulations,
ordinances, codes or orders enacted subsequent to and not reasonably .an.~i..dp.at~ pti. or .to the
~.,;.; ~ ~ · .. 14
preparation of such studies,
CONSULTA.Wr's control.
reports or documents, or are due to any other causes beyond
2.3 Preparation and submission of' infor~nat|on to and necessary consultations with the Collier
County Transportation Department, Florida Department of'Environmental Protection, Florida
Department of' Transportation, South Florida Water Management District, U.S. Army Corps
of'Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or
approvals for construction of' the Project, unless such permits are expressly included in Basic
Services to be performed by CONSULTANT hereunder as set forth in the Schedule A-Scope
of.Services..
2.4 Providing renderings or models for OWNER's use.
2.$. Investigations and studies involving detailed consideration of operations, maintenance and
overhead expenses; the preparation of feasibillty studies, cash flow and economic evaluations, rate
schedules and appraisals; and evaluating processes available for licensing and assisting OWI~rER. in
obtaining process licensing.
2.6. Furnishing services of independent professional associates and consultants for other than the
contract services to be provided by CONSULTANT hereunder.
2.7. Services during out-of-town travel required of CONSULTANT and directed by OWNER,
other than visits to the Project site or OWNER's office.
2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for
construction, materials, equipment or services, except as otherwise provided for herein.
2.9. Providing any type of property surveys, aerial photography or related engineering services
needed for the transfer of' interests in real property and field surveys for design purposes and
engineering surveys and .staking to enable contractors to proceed with their work and providing
....
2.10. Preparation of operating, maintenance and staffing manuals, except as othe~,4se provided
for herein.
2.1 l. Preparing to serve or serving as a CONSULTANT or witness t'or OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of'the Basic Services to be provided herein).
2.12. Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in accordance with
generally accepted englneedng practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The Owner shall designate in writing a project coordinator to act as OW2~R's
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the 'Project Coordinator'). The Project Coordinator shall have authority to
transmit instructions, receive irtt'ormation, interpret and deiine OWNER's policies and decisions
with respect to CONSULTANTs services for the Project. However, the Project Coordinator is
not authorized to issue any verbal or written orders or instmctlons to the CONSULTANT that
would have the effect, or be interpreted to have the effect, of'modifying or changing in any wa),
whatever:.
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder,
Lb) The time the CONSULTANT is obligated to commence and complete ail such
services; or
(c) The amount of compensation the OWHEP, is obligated or committed to pay the
CONSULTANT.
3.2. The Project Coor~llnator shall:
(a) Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in
accordance with this Agreement;
Lb) Provide ail criteria and information requested by CONSULTANT as to OWNER's
requirements for the Project, including design objectives and constraints, space,
capacity and performance requirements, flerd'bility and expandability, and any
budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTAlx1T by placing at
CONSULTANT's disposal all available information in the OWNI~'S possession
pertinent to the Project, including existing drawings, specifications, shop drawings,
product literature, pre.~ous reports and any other data relative to design or
construction of the Project
(d) Arrange for access to and make all provisions for CONSULTAlqT to enter the
Project site to perform the services to be provided by CONSLTLTA2qT under this
Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the
OWl~R. with respect to the services to be rendered by CONSULTANT hereunder.
3.3. CONSULTANT acknowledges that access to the Project Site, to be arranged by OWNER
for CONSULTANT, may be provided during times that are not the normal business hours of the
CONSULTANT.
3.4. OWNER shall be responsible for the acquisition of all easements, property sites,
fights-of-way, or other property rights required for the Project and for the costs thereof, including
the costs of any required land surveys in connection with such acquisition.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subseR, uent:to the execution
of this Agreement upon written Notice to Proceed from OWNER for idl or ~fi,~ ,~f~s~gnated
[ t::~T ~, '.;
portion of the Project and shall be performed and completed in accordance with the Project
Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with
respect to the performance of'this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or complc,.ion of its
services as a result ofunforeseeable causes beyond the control of'CONSULTANT, and not due to
its own fault or neglect, including but not restricted to acts of God or of' public ~emy, acts of
government or of' the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, th~ CONSULTAIqT shall notify OWNER. in writing within iive ($) working days after
commencement of' such delay, stating the cause or causes thereot', or be.deemed to have waived
any right which CONSULTANT may have had to request a time extension.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT's services bom any cause whatsoever, including those for which
OWNER. may be responsible in whole or in part, shall relieve CONSULTAlqT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER..
CONSULTANT's sole remedy against OWNER. will be the right to seek an extension of time to
its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims
based on late completion. Provided, however, if' through no fault or neglect of' the
CONSULTANT, the services to be provided hereunder have not been completed within ninety
(90) days of'the date hereo~, the CONSULTANT's compensation shall be equitably adjusted, with
respect to those services that have not yet been performed, to reflect the incremental increase in
costs experienced by CONSULTANT after expiration of'said twenty-four (24) month period.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely and reasonable manner, in addition to any other
rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and
option may withhold any and ail payments due and owing to the CONSULTANT until such time
as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as
to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or
will shortly be back on schedule.
.8
ARTICLE FIVE
COI~fPENSATION
5.1. Compensati~)n and the manner of. payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of.Compensation", which is attached hereto and made a pan hereof'.
ARTICLE SIX
OWNERSHIP OF DOCUlVlE~S
6. I. Upon completion or termination of' this Agreement, all records, documents, tracings, plans,
specifications, maps, evaluations, repons, computer assisted design or drafting disks and other
technical data, other than working papers, prepared or developed by CONSULTANT under this
Agreement shall be delivered to and become the property of OWNER. CONSULTANT, at its
own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and
hold harmless CONSULTANT with respect to any claim, loss or damage, including attorneys fees
incurred by CONS ,ULTANT due to the OWNER's use of said records, documents, tracings,
plans, specifications, maps, evaluations, reports, computer disks and other technical data on some
other project unless such use is authorized by CONSULTANT.
6.2. With respect to and in consideration for the indemnification provided by OWl~R. in
paragraphs 6.1. above, CONSULTA~rF agrees to pay to OWNI~R $I0.00, the sufficiency and
receipt of which is acknowledged through the signing of.this Agreement.
- ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement
;' /--~'--.. 9
or the date the ?roject is completed, whichever is later. OWNER, or any duly'authorized agents
or representatives of OWNER, shall have the right to audit, inspect and copy ail such records and
documentation as often as they deem necessary during the period of this Agreement and during
the five ($) year period noted above; provided, however, such activlty shall be conddcted only
during normal business hours.
ARTICLE EIGHT
INDEM1hq~'ICATION'
8.1. The CONSULTANT in consideration of $10.00, the. sufficiency and receipt of which is
acknowledged through the signing of this Agreement shall protect, defend, indemnify and hold
OWNER. and its officers, employees, and agents harmless from and against any and all losses,
penalties, damages, professional fees, including attorney fees and all costs of litigation and
judgments a.rising out of any willful misconduct or negligent act, error or omission of the
CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or
incidental to the performance of this Agreement or work performed thereunder. The
consideration exchanged and the provisions of this paragraph shall also pertain to any claims
brought against the OWNER its officers, employees or agents by any employee of the named
CONSULTANT, or any Subconsultant or Subcontractor, or anyone directly or indirectly
employed by any of them. The CONSULTANTS obligation under this paragraph shall not be
limited in any way by the agreed upon contract price as shown in this Agreement or the
CONSULTA-~TS limit or, or lack or, sufficient insurance protection.
8.2. CONSULTANT acknowledges that the general conditions of any construction contract shall
include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold
harmless and to defend OWNER, its agents and employees ~'om all suits and ac~ons, including
a~tomeys fees, and all costs oflitigatlon and judgments of any name and description aris'rog out of
or incidental to the performance of the construction contract or work performed thereunder.
IO
ARTICLE NINE
INSURANCE
9.1. CONSULTA.NT shall obtain an carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts set forth in SCttEDULE D to this
Agreement.
A T CLz TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANI's own staff,
unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use
of the services of any other person or firm by CONSULTANT, as independent consultant or
otherwise, shall be subject to the prior written approval of the OWlqER. No provision of figs
Agreement shall, however, be construed as constituting an agreement between the OWNER. and
any such other person or firm. Nor shall anything contained herein be deemed to give any such
party or any third party any claim or right of action against the OWNER beyond such as may
otherwise exist without regard to this Agreement.
ARTICLE ELEVEN
WAIVER OF ~S
1 I. 1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER aris'rog out of figs
Agreement or othenvise related to the Project, except those previously made in writing and
identified by CONSULTANT as unsettled at the time of the final payment, lqeither the
acceptance of CONSULTANT's services nor payment by OWlql~ shall be deemed to be a
waiver of any of OWNER's rights against CONSULTANT.
11
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) failure to begin work under the
Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly
and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the
bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT
or by any of CONSULTANT's principals, of~cers or directors, or (d) failure to obey laws,
ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms
or spirit of this Agreement, or (f') for any other.iust cause. The OWNEK may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice.
12.2. I~ after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER. otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3 below and
CONSULTANTs remedies against OWNER. shall be the same as and limited to those afforded
CONSULTANT under paragraph 12.3 below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause
upon seven (7) calendar da~s written notice to CONSULTAHT. In the event of such termination
for convenience,' CONSULTA_N'Ps recovery against OWNER shall be limited to that pot{ion of
the i'ee earned through the date of'termination, together with any retalnage withheld and any costs
reasonably incurred by CONSULTANT that are directly attn'butable to the termination, but
CONSULTANT shall not be entitled to any other or further recovery against OWN~ including,
but not limited to, anticipated ices or profits on work not required to be performed.
...... i
12.4. Upon termination, the CONSULTANT shall deliver to the OWHER, all original papers,
records, documents, drawings, models, and other material set forth and descn'bed in this
Agreement.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTAlqT hereunder upon giving CONSULTAHT two (2) calendar days prior
written not|ce of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension
oftime to its schedule in accordance with the procedures set forth in
Article Four herein.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona tide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona i~de employee working solely'for
CONSULTANT, any fee, commission, percentage, gii~ or any other consideration contingent
upon or resulting from the award or making ofthls Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSUL'rANT agrees to execute the required Tmtholn-Hegotiation Certificate, attached hereto
and incorporated herein as Schedule E, stating that wage rates and other factual unit costs
supporting the compensatidn are accurate, complete and current at the time of the Agreement.
The CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any slip'cant sums by which the OWI~IHR determines the Alp'~m'nent price
was increased due to inaccurate, incomplete, or non-cturent wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year followlnl~ the end of this
Agreement.
ARTICLE FOUl{TEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no iriterest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in .this Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this A~reement to be given by the CONSULTANT
to the OWNEK shall be in ~viting and shall be delivered by hand or by United States Postal
Service Department, first class mail service, postage prepaid, return receipt requested, addressed
to the following OWNEK's address of record:
Board of County Commissioners,
Collier County Florida
c/o Office of'Capital Projects Management
3301 Tamlaml Tram East
Naples, Fl. 34112
Attention: Mr. Mitch Momtaz
14
l&2. All notices required or made pursuant to this Agreement to be glv~ by the OWI~'ER to the
CONSULTANT shall be made in writing and shall be delivered by hand or by the United States
Postal Service Department, first class mail service, postage prepaid, return receipt requested,
addres:,~d to the f,ollowing CONSULTANTs address of'record:
Johnson Engineering, Inc.
2640 Golden Gate Park'way
Suite 216
Naples, Florida 34 I05
Attention: Mr. Chris Hagan
16.3. Either party may change its address of'record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWI',rER and
assume towards OWNER. a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof, shall impair the fights or liabilities of either party.
17.3. This Agreement is not assignable, in whole or in part, by CONSULTANT without the prior
written consent of OWNSI~
17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed
to be a waiver of'any other breach and shall not be construed to be a modification of'the terms of
this Agreement.
15
17.5. The headings of the Articles, Schedule~, ?~s and Attachments as contained in this
Agreement are for th~ purpos~ of convenience only and shall not be deemed to expand, limlt or
change ',:~e provisions i.n such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, initially consisting of 49 continuously numbered pages including tho
referenced Schedules and Attachments hereto, constltutes the entire agreement betw~n the
parties hereto and shall supersede, replace and nulli.c-y any and all prior agreements or
understandings, written or oral, relating to the mat~er set forth herein, an:l any such prior
agreements or understanding shall have no force or effect whatever on this Agreement.
ARTICLE EIGHTEEN
APPLICABLE LAW
ISA. Unless otherwise specified, thls Agreement shall be governed by the laws, rules, and
regulations of the State of Florida, and by the laws, rules and regulations of the United States
when providing services funded by the United States government. Any suit or action brought by
either party to this Agreement against the other party relating to or arising out of this Agreement
must be brought in the appropriate Florida state court in Collier County, Florida.
16
XN WITNESS ~REOF, ~he pm'ties hereto have executed this Professional Services
Agreement for. Goodlette-Frank Road the day and year first written above.
ATTEST:
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS FOR.
COLLIER COUNTY, FLORIDA, A POLITICAL
SUBDIVISION OF THE STATE OF H. ORIDA
[AND AS EX-O~YICIO THE GOVEENngG
BOARD OF THE COLLIER COUNTY WATER-
S£WEK DISTRICT]
Date:
By:
'timothy L. Hancock, Chah'ma.u
Approved as to form and legal sufficiency:
Assistant County Attorney
JOHNSON ENGINEERING, INC.
'W~'less
Stcven lC Morrison, President
Witness
17
Date:
SCOPE OF PROFi:'-~$IONAL SERVICES
For Goodl~te-Frank Road Improvements from Pine Ridge Road to Vanderbilt Beach Road
Extension. (Collier County Project Number g01341.
BASIC SERVICES
GENERAL SCOPE STATEMENT
The CONSULTANT shall provid~ and perform the following professional servi~ wMch
sh_~!! constitute the scope of the BASIC SERVICES under the covenants, terms, and provisions
of the PROFESSIONAL SERVICES AGREE~:
Ail work necessary for the completion of the project, including, but not limited to: surveys,
design study, public hearings, preliminary plans and specifications, cost estimates, final plans
and specifications, bid documents, contract documents, all government permit applications,
coordination of ail utility system adjustments, and partial ~onstruction administration and
observation services for the construction of a four lane or six lane upgrade of the existing
Goodlett~-Frank Road, complete in accordanc~ with the contract documents.
i~ TASKS AND BASIC SERVICES FOR DESIGN
Pursuant to the GENERAL SCOPE of the BASIC SERVICES stated hes~in above, the
CONSULTANT shall perform all services and/or work necessary to complete the following
task(s) and/or provide the following item(s) which are enumerated to correstxmd to the task(s)
and/or items set forth in Schedule B, entitled "BASIS OF COlVlPENSATION", dated June
19, 1997.
1.00 Public Involvement Program
2.00 Engineering and Land Surveys
3.00 Gcotechnical Services
4.00 Traffic Data
5.00 Develop Design Alternatives
6.00 Perform Comparative Analysis
7.00 Roadway Plans
8.00 Utility Relocation Plans
9.00 Right-of-Way Maps
IS
10.00 Signalization Plans
11.00 Signing and Pavement Marking Plans
12.00 Street Lighting Plans
13.00 Permits
14.00 Final Contract Documents
15.00 Advisory Services
16.00 Contract Administration and On-Site Obsereation
TASIC 1.00 - PUBLIC INVOLVEMENT PROGRAM
The CONSULTANT shall undertake a Public Involvement program which shall include the
following:
Task 1.01
Develop a Partnering program for this project to include elected and
appointed officials in the local area, permit and revie~ agencies, selected
property owners representatives, design team members, client staff,
public and pn.'vate utilities, and other interested parties. Partnering
meetings will bc conducted by the sub-consultant at the following
milestones:
Start of Project (Notice to Proceed)
Complete Comparative Analysis (Task 6.00)
Complete Pre-Construction Conference Crask 15.07)
The CONSULTANT shall send a notification of these meetings to all
parties in the Partnering process.
Task 1.02
Develop a Public Informational Pwgram for this project to include
elected and appointed officials in the local area, permit and review
agencies, property owners, design team members, client staff, public and
private utilities, and other interested parties. Public Informational
Meetings will be conducted by the CONSULTANT at the following
milestones:
a. Complete Develop Design Alternates (Task 5.00)
b. Construction Start
..,,.
The CONSULTANT shall p~ and submit a notification of these
public meetings through thc standard public notice process.
Task 1.03
The CONSULTANT shall prepare for and attend all Partnering and
Public Informational Meetings. The CONSULTANT shall prepare and
provide the following:
Prepare presentation boards with alignment and typical sections
depicted thereon for use as visual aids during-the .P. armering and;
Public Informational Meetings. [ ,G .... .
I ,OCl 2 i ':
be
A written narrative suitable for hand. out at the Partnering and
Public Informational Meetings and for general information. Thc
narrative shall address the following topics.
i. Description of the Proposed Pro~ect
ii. Environmental consequences related to:
-Social, economic and cultural resources
- Physical and natural environment
Task 1.04
iii. Relationship to Comprehensive Plan, Development Standards
and other adopted OWNER Policies and Ordinances.
iv. Unavoidable Adverse Environmental Impacts and Proposed
Mitigation Measures.
Provide audio recording equipment to record the meeUno
proceedings and provide the OWNER with copies of transcripts
Evaluate and consider identified concerns or challenges to the typical
sections and/or alignment obtained at the Partnering and/or Public
Informational Meetings and revise the above exhibits accordingly as
approved by the OWNER. Assemble the Task 1.03 work product
booklet. Participate in a Board of County Commissioners Meeting to
accept study and adopt findings.
TASK 2.00 - ENGINEERING AND LAND SURVEYS
The CONSULTANT will perform all survey services necessary to prepare the right-of-way
maps, legal descriptions, engineering design and construction plans. Survey services must also
comply with all pertinent Florida Statutes (FS) and applicable rules in the Florida
Administrative Code (FAC). Topographic survey data will be gathered through the use of
total station and data collector, readily available for input and use in CADD Design files.
The survey work shall include the following:
Task 2.01
Design survey services will be performed in a manner that will
perpetuate the control and reference system through the construction and
final estimate activities.
Design survey activities may include, but will not,;be"l!mited"t°"the
tonowi g: .
Task 2.02
el,
Horizontal Base Line Control
The Survey Base Line shall be established by producing tangent
lines of existing right-of-way maps (if such maps exist), in the
center of right-of-way dedicated bi/ subdivision plat or ir, the
roadway centerline, if neither of the above conditions are met.
Referenced Points
Reference all survey control points at intervals of 1,000 feet.
Aerial Targets
Place aerial targets as required for proper aerial photo
rectification with wing targets as required for proper aerial photo
rectification.
Establish a bench line on National Geodetic Vertical Datum of
1929 (NGVD 29). Bench marks will be set at intervals of 1,000
feet.
Roadway Cross SectionslProfiles
Gather data for cross sections for the entire limits of the project
at intervals of 100 feet.
fe
Side Street Surveys
Perform complete side street surveys for 1,500 feet at Pine Ridge
Road, Orange Blossom Drive, and Vanderbilt Beach Road
Extension. All other side streets $00 feet each side of centerline.
Acrifl Photography
Controlled aerial photography shall be used as a basis for various data
necessary for both engineering and environmental analysis, alternative
corridor and design studies, and the development of the preliminary
plans for conceptual design. Copies of aerial photography are the prime
source of information used to convey project consideration to the public
at pul~lic meetings.
The CONSULTANT will furnish the necessary control surveys for the
photography and the aerial photography to be used in the study.
The following scales of aerial is anticipated for the project:
ae
1" = 20' - Rasterized imagery and planimetrics for report
graphics, environmental analysis, alternative alignment evaluation
and coordination meetings. [..._.,,._.....;ff~,,;-~-
~ ,.,,,.~. ~ { -.. ! '
i L;io! L : IJ:., -1~1
be
1" = 100' - Rastc~zed imagery and planimetrics for report
graphics, environmental analysis, alternative alignment evaluation
and coordination meetings.
Trak 2.03 Right-of-Way Survey
Section Ties
Utilize State Plane Coordinate System to tie section lines and
quarter section lines to the survey base line. Corners found or set
in the field will be properly id:ntified and recorded in the field
book and certified corner records completed and filed with the
Florida Department of Environmental Protection (FDI:P) in
accordance with Chapter 177, IS,
be
Subdivision Ties
Tie all subdivisions, including condominium boundaries, at the
beginning and end, block lines, and street fight-of-way lines to the
survey b/~se line. Ties will be made by closed traverse to assure
exact mathetnatical closure. All necessary block comers will be
found or set in the field with corners property identified and
recorded in the field book. Efforts will be made to identify all
vacated streets within a subdivision, along with the recording data
of vacation.
Task 2.04 Underground Utilities
Locate underground utilities both vertically and horizontally as flagged
by the Utility Companies. This task includes coordination with various
Utility Companies and assumes that the respective utility will be
responsible for "pot holing" said underground system. "Pot holing"
will be limited to potential conflict areas.
TASK 3.00 - GEOTECHNICAL SERVICES
The CONSULTANT shall furnish soils investigation and analysis necessary for the design and
preparation of construction plans for this project. A report shall be prepared with
recommendations, and perthent soils data, including the water table elevations for submission
to the OWNER.
Task 3.01 Soil Borings and Laboratory-Testing
Soil Auger Borings shall be obtained at locations directed by the
CONSULTANT, after consultation with the OWNER, along the
alignment. Auger Borings shall be a minimum of 5 feet deep with
soil classifications. All auger borings are to stop if rock is
encountered.
L.:.; "' · '"'"!
Ce
de
In areas where unsuitable material, such as muck, is found,
probings shall be taken at each station every 25 feet across the entire
width of the proposed right-of-way to determine the extent of the
unsuitable stratum.
Laboratory testing, sufficient to enable a Professional Engineer
registered in the State of Florida, to analyze subsurface soil
conditions and make design recommendations, shall be performed.
Such tests may include, but shall not be limited to, grain size
analysis, Atterberg limits, and organic content.
CONSULTANT shall perform field and laboratory testing of
existing pavement section to provide preliminary evaluation of the
condition with respect to reuse and/or removal. Based on the results
of the preliminary evaluation, the ne.~ci for and/or scope of work
required to complete the evaluation will be determined. This
assumes that keeping the existing pavement is an option of the
Typical S~ction selected for Final Design.
TASK ~.00 - TRAFFIC DATA
The CONSULTANT shall ob~n and develop the traffic dam needed to design the project
from data available from the OWNER (existing lane volumes - most recent Annual Average
Daily Traffic (AADT) and from the Collier County Metropoliuan Planning Organization and
supplemented by hourly machine counts over a 24-hour p~riod and/or g-hour manual counts at
intersections as required. The CONSULTANT shall:
Task 4.01 Develop Project Traffic - K, D, and T factors, lza¢ volumes, and
turning movements for the following years: Existing, post construction,
and 20 years after construction (Design Year).
Task 4.02 Determine intersections that will meet warrants for trai'fic Signalization
within 3 years of the design year. Where signals will be warranted,
determine number of lanes required to handle peak season traffic
volumes using the Planning Procedures for Signalized Intersections from
the latest Highway Capacity Manual.
Task 4.03 Establish Typical Sections - With consideration of Level of Service, type
of area (rural vs. urban), density of development, and available right-of-
way, develop the cross section elements for roadway alternatives in
accordance with design, safety criteria and community priorities.
Task 4.04 Establish at-grade intersection geometry for all street intersections along
Goodlette-Frank Road.
TASK S.00 - D~OP DF, SIGN ALT~RNATF-S
This task consists of identifying, analyzing, and developing feasible d~ign alternates for
subsequent evaluation of viability.
Task 5.01 Identify alignment controls - Using cultural and natural features and
engineering requirements, identify alignment control and establish the
alignment and proposed fight-of-way requirements for each typical
~ection under consideration.
Task :5.02
Task 5.03
Establish major design features such as major intersections and
significant drainage requirements as necessary to define thc concept
design for each alternate.
Establish geometry - All horizontal and roadway geometry shall be
established for evaluation to define design.
Task 5.04
Draft design alignments - Plot design alternates in sufficient detail to
permit evaluation of costs and associated impacts.
TASK 6.00 - PERFORM COMPARATIVE ANALYSIS
Subsequent to developing the design alternates, relative costs shall be prepared to demonsLrate
economic comparison and associated impacts shall be analyzed to select the most viable
alternate. Types of items to be evaluated and included in the comparative analysis will include
~e following:
Task 6.01
Right-of Way Costs - "ORDER OF MAGNITUDE ESTIMATE"
appraisals for additional right-of-way costs will be obtained by the
CONSULTANT and included in the alternatives analysis and comments
made regarding potential property improvement impacts or taking.
Task 6.02
Construction Costs - "ORDER OF MAGNITUDE ESTIMATE" of the
cost to construct the improvements shall be prepared by the
CONSULTANT and included in the alternatives analysis.
Task 6.03
Task 6.04
CapaCity Analysis - Determine the travel lane and intersection level of
service to the motorist in terms of volume to capacity ratios and design
speeds.
Prepare exhibits and assist in the preliminary Public Information Hearing
conducted by the OWNER.
TASK 7.00 - ROADWAY PLANS
The CONSULTANT shall furnish design services necessary to perform project design
and prepare construction plans and specifications in accordance .with the httCr~t of this
Agreement. Design activities shall be supported by design calculations properly
identified as to subject and topic. Design references and any assumptions shall b~
noted. Design calculations shall be bound in suitable booklet form, and the booklet
shall be properly indexed as to cg. ntent. Work prepared and/or submitted shall be
reMewed, checked and certified by a professional engineer registered in Florida. The
roadway construction plans shall be complete in Scol~ and de!ail, and shall be of
similar content and format to the latest Florida Department of Transportation (FDOT)
Standard Specifications and design standards. The plans shall include roadways,
drainage structures, maintenan~ of traffic signing and paving markings, signal plans,
lighting plans and incidental items. Plans shall be prepared at acceptable standards of
draftsmanship in a manner to insure clarity and legibility of reproductions; the plans
shall be provided on the following media:
A. Bond paper sheets 17 inches by 11 inches in size. Plans and Profiles at 1"
equals ,~0' scale with borders and title blocks shall conform to current format.
Intersection Details and Signalization Plans to be drawn at a scale of 1" - 20'.
B. Computer Aided Design drafting files (on 3.:5" disks) of AutoCAD Release 13
for Windows with Softdesk AutoCAD overlay Relea~ 7.5 (for rastering).
The plans are to be submitted to the OWNER for their review and approval. In order for the
OWNER to monitor the project progress, the following submittal program will be followed.
Each submitual called for below shall be delivered with a transmittal letter signed by the
CONSULTANT'S Project Manager stating that the submittal package is complete. Work will
not pr .ogeed on the next submittal until written review comments from the OWNER have been
given to the CONSULTANT.
The CONSULTANT will conduct project plans review with the OWNER at the grades and
geometries, basic plans, and detail plans completion stages. Each review ~.hall be a verbal
presentation supplemented with appropriate displays or other visual aids. Plans development at
the respective submittal stages shall conform to the following:
Task 7.01
GRADES AND GEOMETRICS (30% PLANS)
The CONSULTANT shall submit to the OWNER four (4) sets of full
size (11" x 17") prints and one (1) set of double size prints (22" x 34"
plans-on 24" x 36" sheets) for review purposes. The plans shall depict
existing topographical features, existing right-of-way and easement, lines,
and preliminary proposed right-of-way lines, proposed grades and
proposed geometries, and shall contain the following:
a. Key Map
b. Back of Sidewalk Sheet
c. Drainage maps depicting existing drainage areas, existing drainage
structures, existing flow patterns, and proposed drainage patterns
Task 7.02
Task 7.03
e. Typical Section Sheet
f. Cross section sheets.
The CONSULTANT shall submit a BUDGET ESTIMATE of the cost of
constructing the project.
liASJ_C_~hA~i (60~ PLANS)
The CONSULTANT shall submit to the OWNER four (4) sets of full
size (11" x 17") prints and one (1) set of double size prints ('22" x 34"
plans on 24" x 36" sheets) to the OWN'ER for review. The submittal
shall comply with any comments received on the review of the grades
and geometries. The submittal shall contain the following:
a. Key Map
b. Drainage Map
c. Typical Section Sheets
d. Plan and 'Profile Sheets
e. Drainage Structure Sheets
f. Intersection Detail Sheets
g. Intersection Profile Sheets
h. Lateral Ditch/Outfall Sheets
i. Cross Section Sheets
j. Preliminary Design of Storm Water Treatment
k. Drainage Tabulations
1. Draft Maintenance of Traffic Plan
m. Draft Bid Documents
n. Design Documentation
o. Up-dated Budget Estimate
The submittal shall include all drainage calculations and other design
documentation. The CONSULTANT shall furnish certification that all
utility conflicts have been identified and that all affected utilities have
been notified.
The draft bid documents shall be reviewed by
comlJliance with the OWNER'S purchasing
requirements, and other regulations or requirements.
the OWNER for
manual, insurance
pETAIL PLANS (90% PLANS)
The CONSULTANT shall submit four (4) sets of full ~ (11" x 17")
prints and one (I) scl of double size prints (22" x 34" plans on 24" x
36" sheets) prints to the OWNER for review. The plans shall be
complete construction plans and shall include the following:
a. Key Map
[:Cf 2 . 7../ ~
b. Drainage Map
c. Typical Section Sheet
d. Summary of Quantity Sheet
e. Summaxy of Drainage Struc. ture
f. Plan and Profile Sheets
g. Miscellaneous Sheets
h. Drainage Structures Sheets
i. Intersection Details and Profiles
j. Lateral Ditch/Outfall Sheets
k. Cross Section Sheets
1. Completed Stormwater Treatment Design
m. Maintenance of Traffic Plan
n. Design Documentation
o. Signalization Plan
p. Street Lighting Plan
q. Landscape Plan
Task $.00 - UTILITY RELOCATION PLANS
The requirements of the various utility services shall be recognized and properly
coordinated during the project design. The CONSULTANT shall provide such
representation and technical assistance as may be necessary for OWNER coordination
and/or negotiation with utility owners or other public agencies affected by the project.
Utility adjustment plans shall be prepared on the roadway plans to show the proposed
utility locations when adjustment is required. The required utility adjustments will be
designed by each utility and provided to the CONSULTANT by the affected utilities
(water, sanitary sewer, power, gas, electrical, telephone, cablevision, etc.) on prints of
roadway plans provided by the CONSULTAHT after the basic plans review. The
schedule contained herein is based upon receipt of the relocation design from the
utilities within 90 days from submission of the basic plans to the utilities for their use in
showing their proposed adjustments. This work shall include the following:
Task $.01 Utility Notification
The CONSULTANT will send a letter to each utility company which
may h_ave facilities installed within the project corridor notifying them of
the proposed project, asking them to submit plans of existing and
proposed utilities and to submit their comments relative to the proposed
roadway plans.
Task 8.02 Utili _ty Coordination
Approved basic plans will be sent to each utility company for their
review requesting them to return plans showing additions or corrections
to existing utilities and their proposed relocations where adjustments are
-
neces o
! [; - !
, :'.7217.:
Task 8.03
Final Utility Relocation Plans
Upon receipt of plans reviewed and approved by the utility companies
within 90 dayi after written request is made, any additions and/or
corrections wil'. be made to the roadway plans. Utility adjustments
provided by the utility companies will be shown in the
CONSULTANT'S detail plans. CONSULTANT shall review the utility
companies plans and notify the OWNER and utility companies of
conflicts with the roadway plans.
Task 9.00 - RIGHT-OF-WAY MAPS
The CONSULTANT shall be responsible for the complet~ preparation of Right-of-Way
Maps.
Task 9.01
Right-of-Way Maps
The CONSULTANT shall be responsible for the complete preparation of
preliminary and final Right-of-Way Maps for the full length of the
project. Complete Right-of-Way Key Maps (1" =400) and Detail Maps
(1" =40') shall be prepared in accordance with Florida Del:m'tment of
Transportation (FDOT) Minimum Technical Standards as set forth by
the Florida Board of Surveyors and Mappers, pursuant to Section
472.02'/, Florida Statutes.
Task 9.02
Le_~al Descriptions and Parcel Sketch:s
A legal description and parcel sketch of each parcel required for Right-of
-Way and/or construction easement will be provided by the
CONSULTANT.
TASK 10.00 - SIGNALIZATION PLANS
The CONSULTANT shall furnish design services and prepare a complete set of
construction plans for the modification of the Signalizali~ at the following
intersections with Goodlette Road: (1) Pine Ridge Road, (2) Orange Blossom Drive,
(3) Vanderbilt BeaL'h Road Extension. The signalization plans will consider future
interconnection in the closed loop signal system. A traffic signal timing plan will be
prepared for this interconnection. Plans will be submitted for review as follows.
TasklO.O1 ~
Task I0.01.01 Signal modifications (3 intersections)
The CONSULTANT shall submit to the OWNER two (2) sets of
full size (11" x 17") prints of the preli~_p.l .a~ for review.
Plans will include: i
~:.:12 i' .~
Plan sheet showing poles,
loop locations.
signal heads, controllers, and
TASK
Task 10.02
b. Copies Of intersection design volumes, recommended signal
phasing, timing, and capacity analysis.
These plans will be submitted with the 60% roadway plans.
Task 10.02.01 Signal modifications (3 intersections)
The CONSULTANT shall prepare final signal plans submit them with
the detail plans for review.
11.00 - SIGNING AND PAVEMENT MARKING PLANS
The CONSULTANT shall furnish design services and prepare construction plans for
traffic signing and pavement markings for the entire project. Final plans shall be
submitted with the Detail plans in accordance with OWNER specifications for review.
TASK
TASK
12.00 - STREET LIGHTING PLAI',Tg
The CONSULTANT shall furnish design services and prepare construction plans for
the street lighting of the existing roadway and intersections in conjunction with the
proposed construction. Final plans shall be submitted with the detail plans for review.
13.00 - PERMITS
The CONSULTANT shall prepare permit applications, data and drawings required for
submittal by the OWNER to local, state, and federal agencies and utility companies.
For the purpose of insuring the timely approval of the permits necessary for the
construction of the project, the CONSULTANT shall schedule the n~ contacts
and liaison with the_agencies having the permit jurisdiction over the project, and shall
furnish such plans, data, and information as may be necessary to secure approval of the
required permits. Agencies having permit jurisdiction may include, but am not limited
to the Florida Department of Environmental Protection, South Florida Water
Management District, the Florida Department of Transportation and the U.S. Army
Corps of Engineers.
Drainage design shall include stormwater treatment and attenuation required to comply
with the rules of the Florida Department of Environmental Protection (F.D.E.P) and
the South Florida Water M .anagcment District ($.F.W.M.D). Th~ CONSULTAlqT
shall supply data rel~rts required to support the proposed design..T~...e_ C0~TANT
shall prepare requisite stormwater permit applications in ac,'.ordan~ .Wi_'..~~ 62-
i '" -.- --
! '. ~',,9,, ;
25, REGULATION OF STORMWATER DISCHARGE, FLORIDA
ADMINISTRATIVE CODE, and Chapters 40F.-4 and 40F_~0 of S.P.W.M.D. for
submission. This Will consist of required evaluation, design, coordination and follow
up Work necessary to obtain final permits. The OWlq'ER will review the permit
applications as necessary. The OWNER will r~view, ,..ign and provide the necessary
permit application fees for each required permit. The OWNER will have a
representative at all conferences between the CONSULTANT and the permitting
agency, and shall be copied on all correspondence between the CONSULTANT and the
permitting agencies.
The Coordination and Permitting process will be as follows:
Task 13.01 II~itial Meeting with Permitting Agencies
Permitting agencies will be notified of the proposed project. A meeting
will be held with persons from the agencies to review the proposed
location in the field and to obtain their comments and areas of concern.
Task 13.02 Permit Application
Permit application forms and supporting documents will be completed by
the CONSULTANT after receipt of the grades and geometrics review
and submitted to the OWNER for their approval and the
CONSULTANT shall submit the applications to the appropriate
agencies.
Task 13.03 Permit Revisions
The CONSULTANT will meet with permitting agencies after receipt of
the basic plans review as required to respond to review comments, revise
applications, if necessary, and submit additional material as requested
and coordinated with the OWNER and permitting agencies to obtain
approval of the permits. Requirements of permitting agencies shall be
incorporated into final contract documents.
TASK 14.00 - FINAL CONTRACT DOCUMENTS (100% PLANS)
Once the detail plans have been approved by the OWNER for the entire project, a set
of bid documents and a set of contract documents will be prepar~ for the construction
of the improvements. The original plans, specifications, and "cost estimate" will be
submitted to the OWNER. This task will include the following:
Task 14.01
Final roadway plans, final signal plans, final signing and marking plans,
final lighting ~lans, summary of all final quantities, and complete Order
of Magnitude CONSTRUCTION ESTIMAT~
!
I(..]T 2 i '../3o
Task 14.02
Complet~ contract documents read)' for bid including all forms, general
conditions, and other material required by thc Collier County Purchasing
Department and the Depariment of Administrative Services. Special
provisions and other approprlate contract documents for incorporating
FDOT specifications, U.S. Army Corps of Engineer~, FDEP, and
SFWMD permit requirements in the bid documents.
Section 3.00 TASKS AND BASIC SERVICES BETWEEN COMPLETION OF
DESIGN AND THE START OF CONSTRUCTION
Task 15.00 - ADVISORY SERVICF-q
After approval of construction plans, the CONSULTANT shall perform the following
Task 15.01
Task 15.02
Task 15.03
Task 15.04
Task 15.05
Task 15.06
Provide the OWNER with six (6) sas of complete bid and contract
documents.
Issue complete contract documents to all prospective bidders from thc
CONSULTANT'S office. A reasonable fee may be charged to the
prospective bidder for this service to cover costs of the CONSULTANT.
Assist the OWNER in scheduling and presenting a Pre-Bid Conference.
Respond to Bidders inquiries.
Prepare addenda and, upon approval by the OWNER, issue addenda.
Assist the OWNER in receiving and evaluating the bids and recommend
award of the contract.
Task 15.07
Attend a Pre-Construction Conference, provide assistance in conducting
the meeting, answering questions, and providing necessary information.
Section4.00 TASI~S AND I~ASIC
CONST~UCT~O~I
TASK 16.00 - POST DESIGN
Task 1(5.01 Site Visits
SERVICE DURING AND
FOLLOWING
The CONSULTANT shall make visits to the site at intervals appropriate
to the various stages of construction to observe as an experienced and
qualifi~ design professional the progress and quality of the executed
work of Contractor(s) and to determine, in genera,
proceeding in accordance with the contract documents. Such visits and
observations are not intended to be exhaustive or to extend to every
aspect of the work in progress, or to involve detailed inspections of the
work beyond the responsibilities specifically assigned to CONSULTANT
in this Agreement, but rather are to be limited to spot checking, sel,-ctive
sampling and similar methods of general observation of the work based
on CONSULTANT'S exercise of professional judgment. Based on
information obtained during such visits and such observations,
CONSULTANT shall endeavor to determine in general if such work is
proce~ing in accordance with the Contract Documents and
CONSULTANT shall keep OWNER informed of the progress of the
work.
The purpose of the CONSULTANT'S visits at the site will be to enable
CONSULTANT to better carry out the duties hnd responsibilities
assigned to and undertaken by CONSULTANT during the Construction
Phase, and, in. addition, by the exercise of CONSULTANT'S efforts as
an experienced and qualified design professional, to provide for
OWNER a greater degree of confidence that the completed work of the
Contractor will conform in general to the Contract Documents and that
the integrity of the design concept of the completed Project as a
functioning whole as indicated in the Contract Documents has been
implemented and preserved by Contractor. On the other hand,
CONSULTANT shall not, during such visits or as a result of such
observations of the Contractor's work in progress, supervise, direct or
have control over Contractor's work nor shall CONSULTANT have
authority over or responsibility for the means, methods, techniques,
sequences or procedures of construction selected by Contractor, for
safety precautions and programs incident to the work of Contractor or
for any failure of Contractor to comply with laws, rules, regulations,
ordinances, codes or orders applicable to Contractor's furnishing and
performing the work. Accordingly, CONSULTANT neither guarantees
the performance of any Contra:tot nor assumes responsibility for any
Contractor's failure to furnish and perform its work in accordance with
the Contract Documents.
Atten'-d weekly progress meetings. A written report of each visit shall be
prepared and submitted to the OWNER within six (6) calendar days of
the visit.
Task 16.02
Review, reject or approve shop drawings wMch each Contractor is
required to submit, but only for conformance with the design concept of
the project and compliance with the conWact documents. Also, determine
the acceptability, subject to OWNER approval, of substitute materials
and equipment proposed by Contractors. ~ ..... ·
32
Task 16,03
Task 16.04
Task i6.05
Task 16,06
The CONSULTANT will respond to requests of tho OWNER for
necessary minor plan modifications, clarifications and interpretations of
the contract documents.
Participate with the OWNER in a pre-f'mal inspection for the purpose of
determining if the project is substantially complete, and participate with
the OWNER's Representative in the preparation of a written "punch
list" of all incomplete, defective or deficient items.
Upon notice from the OWNER's Representative, participate in a final
inspection together with OWNER and Contractor representatives to
assure that all "punch list" items are completed and the work is indeed
completed in accordance with all contract documents.
Permit Certifications
The CONSULTANT shall prepare and submit construction certification
letters and documents to the South Florida Water Management District,
Florida Department of Environmental Protection and COUNTY agencies
for construction of the roadway improvements.
Record Drawings
Prepare record drawings delineating the dimensions, locations,
elevations, etc. of all facilities as constructed. Provide the OWNER with
four ('0 sets of fall size (11' x 17") prints and one (1) set of double size
prints (22" x 34" plans on 24" x 36" sheets) on mylar of the record
drawings clearly marked "as builts". In preparing these drawings, the
CONSULTANT will revise the original contract drawings utilizing
information provided by the Contractor who will review the update "as
built'.' information periodically as the construction effort progresses. The
CONSULTANT will perform field surveys to support the "as built
drawings" and said drawings shall be certified by a registered surveyor
or engineer.
Additional services may be requested by the OWNER in accordance with
the Guidelines (Exhibit E).
Date: ~une lJ, 1997
BASIS OF COMPENSATION
For Goodlette - Frank Road Improvemems fi'om Pine Ridlge Road to Vanda~ Beach Rtmi
TASKNO. ~
1.00 PUBLIC INVOLVEMENT
1.01 Development Partnering Program $ I0,250.00
1.02 D~elop Publ~c Informational Program $
1.03 Prepare and Attend Partnering & Public Meetings $ 3,945.00
1.04 Eva~uate and Revise Exhibits/Present to BCC
Task No. 1.00 Sub Total:
$ 21~40.00 Lump Sum
2.00 ENGfl',"c~_ ~?G AND LAND SURVEYS
2.01 Design Survey $ 40,535.00
2.02 Aerlal Photography $ 30,950.00
2.03 Right-of-Way Survey $ 15,900.00
2.04 Underground Utilities $ 6.290.00
Task No. 2.00 Sub Total:
S 93,675.00 Lump Sum
3.00 GEOTECHNICAL SERV/CES
3.01 Soil Borings and Labora£ory Testing $ 25.006.00
Task No. 3.00 Sub Total:
S 25,006.00 Lump Sum
4.00 TEA.-vFIC DATA
4.01 Develop Tra~c (Factors) S 15,004.00
4.02 De~ermine Intersect/on Sig~l;,-tion $ 2,106.00
4.03 ~Gsh TYl~cal Secdom $ 1,770.00
4.04 ~Hsh At-Grade Intersect/om C-~ometry $ $.745.00
Task No. 4.00 Sub Total:
S 24,62~00 Lump Sum
5.00
5.01
5.02
5.03
5.04
6.00
6.01
6.02
6.03
6.04
7.00
7.01
7.02
7.03
g.O0
8.01
8.02
8.03
9.00
9.01
9.02
10.00
10.01
10.02
DEVELOP DESIGN AL/ER.NATES
Identi~,, Alignment Controls
· Establish Major Design Features
~lish C-eomet~
Dr'ah Dcslgn At~gnments
T~k No. 5.00 Sub Total:
COMPENSATION
$ 6,160.00
$ 6,160.OO
$ 8,250.00
S 29,765.00 Lump Sum
PERFORM COMPARATIVE ANALYSIS
Right-of-Way Costs- (Order ofMagnitudeEstirnate) $ 4,130.00
Construction Costs- (Order of'MagnitudeEstimate) $ 4,330.00
Capacity Analysis - (Travel Land and Intersection) $ 3,160.00
Prepm': Exhibits - Public Information Hearing $ 5.390.OO
Task No. 6.o,0 Sub Total:
ROADWAY PLA.NS
Ca-aries and C~ometrics (30%)
Basic Plans
D~mi] Plm~ (90"4)
Ta~k No. 7.00 Sub Total:
UTILHY RELOCATION PLANS
T~k No. &00 Sub Tot~h
RIGHT-OF-WAY MAPS
Right-of-Way Maps (Preliminary &
Legal Descrip...flons and Parcel Sketches
T~sk No. 9.00 Sub Total:
SIGNALIZATION PLANS
B~cPlam
Detail Plans
T~sk No. 10.00 Sub Totad
S 17,010.00 Lump Sum
$ 38,000.00
$ 58,OOO.OO
S128.000.00
s 2,250.o0
S 3,000.OO
$ 9.000.OO
$ 14,250.00 LumpSum
I4,930.00
16.250.00
$ 31,180.00 Lump Sum
$ 26,143.OO
$ 6.218.00
S 32,361.00 I~mp Sum
'35
3~
COMPENSATION
11.OO SIGNING AND MARKING PLANS
Task No. 11.00 Sub Total:
S 16,/20.00 LmnpSum
12.OO
12.01
STREET LIGHTING PLANS
Street Lighting Plans
$ 3.150.00
T~sk No. 12.00 Sub Total:
$ 3,150.00 lamp Sum
13.00
13.01
13.02
13.03
PEKMrrS
Initial Meeting with Permitting Agencies
Permit Applications
Permit Revisions
$ 3,2OO.OO
$ 25,5OO.OO
$ 13.500.OO
Task No. 13.00 Sub Total:
S 42,200.00 Lump Sum
14.00
14.01
14.02
FINAL CONTRACT DOCLrMENTS (100°,4 PLAHS)
Final Plans $ 14,0OO.O0
Final Documents $ I4.0OO.OO
Task No. 14.00 Sub Total:
$ 28,000.00 Lump Sum
15.00 ADVISORY SERVICES
15.01 Six (6) Sets Bid & Con,ct Documents S 2,6OO.OO
15.02 Issue Complete Contract Documents $ 2,600.00
15.03 Ass{st County with Pre-Bid Cortterence $ 1,600.OO
15.04 Respond to Bidders Inquires $ 3,0OO.OO
15.05 Prepare Addenda and I~ale $ 3,0OO.OO
15.06 Asslst County wiBids and Award Contract $ 1,600.00
15.07 Attend Pre-Construction Conference $ 1.600.00
Task No. 15.00 Sub Total:
$ 16,000.00 Lump Sum
16.00POST DESIGN SERVICES
16.01 Site V'~ts :. $ 14,000.OO
16.02 Shop:Drawings $ 5,600.OO
16.03 C]ariicatlons $ 9,6OO.OO
16.04 Final I~on $ 6,400.OO
16.05 Permit Certifcations $ 4,2OO.OO
16.06 Record Drawings $ . 8.400.00
Task No. 16.00 Sub Total:
S 48,200.00 !~p ~
r..:T 2 , ', :.."
COMPENSATION
2.00 Basic Design Services (Tasks 1.00 - 14.00) $600,982.00
3.00 Advisory Services (Tasks 15.00) S 16,000.00
'4.00 PostDes~gn Services O'ask 16.00) S 45.200.00
GRAND TOTAL:
$~;65,182.00 Lump Sum
B.I.I. lump Sum Fees are understood and agreed to include all direct and indirect labor costs,
personnel related costs, overhead and administrative costs, costs of sub-consultant(s) and/or sub-
contractor(s), out-of-pocket expenses and costs, professional service fee(s) and any other costs or
expenses which may pertain to the sea,ices and/or work to be performed, provided and/or furnished
by the CONSULTANT as may be required and/or necessary to complete each and every task set
forth in the Scope of Professional Services, Schedule A.
B.1.2. In no case shall the Lump Sum Fees on Schedule A be exceeded without a change in the
scope of'the project being "approved by the Board of County Commissioners for Collier County
Florida.
B. 1.3. The portion of the amount billed for CONSULTANT'S services which is on account of the
Lump Sum Fees will be based upon CONSULTANT'S estimate of the proportion of the total
services actually completed at the time of billing.
B. 1.4. Payments will be made for services rendered, no more than on a monthly basis, within thirty
(30) days of submittal of an approvable invoice. The number of the purchase order by which
authority the services have Seen made, shall appear on all invoices. All invoices shall be reasonably
substantiated, identify the services rendered and must be submitted in triplicate in a form and manner
required by OWNER.
B.I.5 Prior to authorization in writing by OWNER for CONSULTANT to perform the Additional
Services, pursuant to article two of the Professional Services Agreement, CONSULTANT and
OW2qL:R shall agree by contract amendment as to the hourly rate or lump...m.,m payment to be made
to CONSULTANT for such services. ~ .'...':_/~,~'B~.
I ,'..';.r 2 ,,
i 37
·
PROIECT SCHEDULE
. ,~i~' Notice to Proceed
·
Design Study Due
30% Plans
' ~" gO% Plans
:' 100% Plans
SCHEDULE C
Date: lune 19, 1997
DAYNO.
1
120
240
360
480
540
Schedule for Construction Services (Tasks 14 & 15) will be per the construction schedule to be
determined at a later date.
SCHEDULE D
Date: ~'uno 19, 1997
(1) The amount~ and types of insurance coverage shall conform to the following mi~mum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents.
(2) The insurance required by this Agreement shall be written for not less than the limits
specLfied herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement of
the work until the date of completion and acceptance of the Project by the Owner or as specified in
this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner
within ten (10) calendar days after Notice of Award is received by Contractor/Consultant/
Professional. Such certificates shall contain a provision that coverages afforded under the policies
will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been
given to the Owner.
(5) All insurance coverages of the Contractor/Consultant/Professional shall be primary to
any insurance or self insurance program carried by the Owner applicable to figs Project.
(6') The acceptance by Owner ofany Certificate of Insurance does not constitute approval or
agreement by the Owner that the insurance requirements have been satisfied ot that the insurance
policy shown on the Certificate of Insurance is in compliance with the requitements of this
Agreement.
(7) Contractor/Consultant/Professional shall require each of its subcontractors to procure
tlm[ts specked in this Section unless such insurance requ;rements for the subcontractor are expressly
waived in writing by the Owner.
(8) Should at any time the Contractor/Consulta~tt/Prof'esslonal not maintain the insurance
coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be
authorized to purchase such coverages and charge the Contractor for such coverages purchased.
The Owner shall be under no obligation to purchase such insurance, nor shall it be respons~le for the
coverages purchased or the insurance company or companies used. The derision of the Owner to
purchase such insurance coverages shall in no way be construed to be a waiver of' any of' its rights
under the Contract Documents..
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the Work or termination of the Agreement, the Contractor/Consultant/
Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of
Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the
Contractor to provide the County with such renewal certificate(s) shall be considered justification for
the County to terminate the Agreement.
WORKEI~' COM'PENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement7 (check one) ..X__ Yes No
(1) Workers' Compensation ann Employers' Liability Insurance shah be maintained by the
Contractor/Consultant/Professional during thc lerm of.this Agreement for all employees engaged in
the work under this Agreement in accordance with the law.- of.the State of.Florida. The amounts of'
such insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
X
$1,000,000 Each Accident
$500,000 Disease Aggregate
$I00,000 Disease Each Employee
$1,000,000 :Each Accident
$1,000,000 Dis.ease A~gregate
SI,O00,O00 Disease ~ach :Employee
(2) United States Longshoreman's and Harborworker% Act coverage shall be maintained
where appli~ble to the completion of'the work. (check one)
,, Applicable X Not Applicable
(3) Maritime Coverage (Iones Act) shall be maintained where applicable to the completion
of'the work. (check one)
Applicable X ,, Not Applicable
COMI~fERCIAL GENERAL LIABILITY
Required by this Agreement? (check one) ~C Yes . No
(1) Commercial General Liability Insurance shall be maintained by the
Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be maintained
for a period of'not less than five ($) years following the completion and acceptance by the Owner of'
the work under this Agreement. Limits of.Liability shall not be less than the following:. (check one)
,. General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$300,000
$300,000
$300,000
S300,000
$ $0,000
S$00,000
General Aggregate .
Products/Completed Operations Aggregate $$00,,..000 .
!f...~T 2 '; ':...,~ 4~
Personal and Advertising Injury
Each Occun'ence
X General Aggregate .
Products/Completed..Operat/tons Aggregate
Personal and Adverusmg Injury
Each Occurrence
Fire Damage
S500,000
S500,000
S 50,000
$1,000,000
$1,000,000
$1,000,000
SI,000,000
s so, ooo
?4>.
(2) If'the General Liability insurance required herein is issued or renewed on a "claims made'
basis, as opposed to the "occurrence". form, the retroactive date for coverage shall be no later than
the commencement date of' the Project and shall provide that in the event of' cancellation or
non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three
(3) years.
(3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that
such coverage shall be primary to any similar coverage carried by the Owner.
(4) Coverage shall be included for explosion, collapse or underground property damage
claims.
r. ?J
(5) Watercraft Liability coverage shall be carried at the limits shown above if' applicable to
the completion of.the work under this Agreement. (check one)
Applicable -X Not Applicable
(7) Aircraft Liab~ty coverage shall be carried at limits of $2,000,000 each occurrence if
applicable to the completion of the work under this Agreement. (check one)
Applicable X Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) Property Insurance - Builders P, Jsk coverage shall be carded by the Owner if' applicable.
(check one)
Applicable X Not Applicable
(2) The Owner shall purchase and maintain in a company or companies lawfully authorized
to do business in the State of' Florida and in Collier County, property insurance in the amount of' the
initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise alp'ced in writing by ali persons
and entities who are beneficiaries of' such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property required to be
covered, whichever is earlier. This ir)surance shall include interests of' the Owner, the Contractor,
Subcontractors, Sub-subcontractors ar)d Material Suppliers in the Work.
(3) Property insurance shall be on an ail-risk policy form and shall insure against the perils of
fire and extended coverage and physical loss or damage including, without duplication of' coverage,
the~ wind and hail, vandalism, malicious mischie~ collapse, falsework, temporary buildin~ and
debris removal including demolition occasioned by enforcement of'any applicable legal requkemcnts,
and, at the Owner's option, shall cover reasonable compensation for Professional's services and
expenses required as a result of' such insured loss. At the Owner's option, flood insurance will also
be purchased.
(4) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shah pay costs not covered by the deductu'bles. The responsibility of' the Contractor for
any deductible associated with the ail-risk policy described above shall be limited to a maximum of
$1,000 for each occurrence unless higher deduct~les are identified in Exhibit C of the Contract
Documents. The respons~ility of' the Contractor for any deduct~le associated with the flood
insurance identified herein, if purchased by the Owner, shall be IL-nited to a maximum of $1,000 for
each occurrence unless hil~her deductibles are identified in Exlu%it C of'the Contract Documents.
......
(5) This property insurance shall cover portions of the Work stored offthe site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
(6) Boiler and Machinery Insurance. The Owner shall have the option of' purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
Owner. If'purchased this insurance shall include interests of'the Owner, Contractor, Subcontractors
and Sub-subcontractors in the Work.
(7) Waivers of Subrogation. The Owner and Contractor waive ail rights against (1) each
other and any of their subcontractors~ sub-subcontractors, agents and employees, each of the other,
and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the
extent covered by property insurance obtained pursuant to this or other property insurance applicable
to the Work, except such rights as they have to proceeds of such insurance held by the Owner as
fiduciary. The policies shall provide waivers of subrogation by endorsement or o'.herwlse.
(S) A loss insured under Owner's property insurance shall be adjusted by the Owner as
fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear.
(9) If Builders Risk coverage is applicable the Contractor shall be responsible for the
following maximum deductibles per occurrence per paragraph (3) above. (check one)
Ail Risk Policy - $1,000 maximum deductible
All Risk Policy'. Maximum deductible ors
Flood Policy - $1,000 maximum deductible
Flood Policy - Maximum deductible ors
AUTOMOBILE LIABILITY INSURANCE
P. equired by this Agreement? (check one) X Yes No
(1) Automobile Liability Insurance shall be maintained by the
Contractor/ConsultanffProfessional for the ownership, maintenance or use of any owned, non-owned
or hired vehicle with limits of not less than: (check one)
Bodily Injury & Property Damage - $ $00,000
X Bodily Injury & Property Damage - $1,000,000
(2) The Owner shall be named as an Additional Insured under the policy.
UI~IBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
Contractor/Consultant/Professional and, ii' so, such policy shall be excess of the Employers' Liability,
Commercial General Liability and Automobile Liability coverages required herein and shall include
all coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
undegying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
(3) The General Aggregate limit, if applicable, shall apply separately to this project and the
policy shall be so endorsed.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? (check one) X Yes
~0
; 4S
(1) Professional Liability Insurance shall be maintained by the Consultant/Prot'essional to
insure its legal liability for claims arising out of the performance of professional services under this
AgreemenL Such insurance shall have limits ofnot less than: (CHECK ONE)
. $ 500,000 each claim and in the aggregate
X _$I,000,000 each claim and in the aggregate
_ $2,000,000 each claim and in the aggregate
Ss
each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole respons~ility of' the
Consultant/Professional and shall not be greater than $150,000 each claim.
(3) The ConsuttanttProfessional shall continue this coverage for this l~toject for a period of
not le~s than five (5) years following completion and acceptance of the Project by the Owner. e
Date: ~'une 19, 1997
TRwrI~ IN NEGOTIATION ¢~;~TlegCATI~
In compliance with the Consultants' Competitive lqegotlatlon Act, Section 2g7.055, Florida
Statutes, $ohnson Engineering, Inc. hereby cenil~es that wages, rates and other factual unit costs
supporting the compensation for the basic services ofthe CONSULTAlqT to be provided under the
Professional Services Agreement, concerning Goodlette-Frank Road are accurate, compl~te and
current as of the time of contracting.
.JOHNSON ENGINEERING, INC.
Steven lC Morrisort, President
Date: Sun¢ 19. 1997
· 47
SCn'KDULE ~'
Date: 1une 19, 1997
?RO~CT GgrD£Lr~$ A~m CRrrER~
For Goodlette-Frank Road Improvements~
(limits of the project are approximately 1,500' north of Vanderbilt Beach Road Extension on
Goodlette-Frank Road and 1,500' south of Pine Ridge Road on Goodlette-Frank Road).
The OWNER has established the following Guidelines, CHteria, Goals, Objectives,
Constraints, Schedule, Budget and/or Requirements which shall serve as a guide to the
CONSULTANT in performing the professional services and work to be provided pursuant to
this Agreement:
The purpose of this document is to describe the Project in sufficient detail that the
CONSULTANT can prepare task descriptions and the basis of compensation for the
services in sufficient detail to a~sure the OWNER that all anticipated tasks necessary
and the corresponding comF.msation required have been identified and defined by the
CONSULTANT. The services provided by the CONSULTANT shall include all
anticipated work necessary for the design and bidding phase of the project to ensul~ a
complete, competently designed, and functional project. The services shall include all
defined necessary studies and investigations, complete construction drawings, technical
specifications, and contract documents, including all known necessary engineering
surveys, right-of-way surveys, and maps and individual parcel survey plats and parcel
descriptions, all necessary permits from state and federal agencies having jurisdictional
authority over any aspect of the project. Should changes in design standards, scope of
services, environmental regulations, and permitting requirements occur after execution
of this agreement which substantially affect the effort required, compeasation for
additional effort will be negotiated.
e
The CONSULTANT will provide the construction plans and Right-of-Way maps for
the widening of Goodlette-Frank Road from 2 lanes up to 4 or 6 lanes. F'mal
construction plans with respect to 4 or 6 lanes to be based on design study results.
Transition of all proposed lanes, cross sections, profiles and horizontal layout to match
existing conditions within the project limits.
e
A drainage system shall be provided within the fight-of-way to accommodate the design
where feasible. On and off-site stormwatcr mn-off attenuation and treatment as
required by permitting agencies shall be included in the design.
Design shall be in accordance with provisions of the County Land Development Code
and will be adequate to meet permit or approval requirements f.o..r..thO governmental .
agencies having jurisdiction over this project, in force on the d~ the.~ .~'~,~), t is
;.';! .. 4S
e
10.
II.
12.
13.
14.
15.
approved by the OWNER including, but not necessarily limited to U.S. Army Corps of
Engineers, Florida Department of Environmental Protection, Florida Department of
Natural Resources and South FloricL't Water Management District. Treatment of
roadway run-off and prevention of erosion and siltation to adjacent areas during
construction shall be provided. Mitigation may be necessary for wetlands areas
impacted by the roadway. Design to be based on the assumption that the OWNER can
secure variances to the County Land Development Code
The CONSULTANT will prepm'e design alt~rrmives, which result in a decision of
right-of-way n__eeds, design speed and road cross-sections. The work will include ~
analysis of the existing cross-section to d:tc:'rnlne what portions are salvageable, if any.
The OWNER will provide timely guida~,ce to the CONSULTANT during this process
by using in-house legal and right-,il' way speci~Aists to assist in decision making. The
CONSULTANT shall consider in his schedule the impact of this activity.
The CONSULTANT will provide p!animetrics of the project area sufficient to define
topographical details along the proposed roadway for a width of 300 feet either side of
the Goodlette-Frank Road rights-of wa),. Provide one (1) set of blueline prints and one
(1) reproducible copy of this s,:.,'vey.
Improvements to maximize the .safety and effectiveness of intersecting side streets [such
as raised medians (curb and gutter), turn lanes, realignment, or expansions] within
1,500' of Goodlette-Frank Road.
All roadway cross-sections and existing off-site topography including driveway and
street connection points vertical control to be from field surveys.
The construction of this project is assumed to consist of one (1) contract.
The design time for Task I through 14 including permit submittals is scheduled for 365
calendar days (12 months).
The project typical sections on Goodlette-Frank Road shall be determined in the Design
Study.
Recommended updates, and additions to the OWNER'S Standard Boiler Plate Contract
documents shall be provided by the CONSULTANT to the OWNER for word
processing.
It is assumed that if environmental mitigation is required, it can b~ accomplished within
the project's limits and/or adjacent to the right-of-way.
Construction Services are based on a 365 day construction period.
49
EXECUTIVE SUMMARY
[i.:,~ APPROVE A BUDGET AMENDMENT APPROPRIATING REVENUE RECEIVED AT VINEYARDS
COMMUNITY PARK AT THE END OF FY97. ~
~ That th'-~ Boar----~ o~ Cou~ ~~ approv-~: budge---~ amen-----~--~i appropriating
revenue received in the General Fund at the end of FY97 for improvements at Vineyards Community Park.
' CONSIDERATIONS: Previously PrimeCo Personal Communications entered into an agreement, Lease
#$23, with CoIlier County to lease ground space at Vineyards Community Park to install a Communications
Tower. In return, PrimeCo Personal Communications provided a one time donation to the park in the amount of
$10,000 and a yearly rental for land. Previously the Board received and recognized the lump sum donation.
The land remal revenue of $9,939.00, however, was not remitted to the County until the end of FY97; therefore,
revenues could not be recognized and encumbered prior to the end of the fiscal year. The attached budget
amendment appropriates the land rental revenue for FY9g so that the Parks and Recreation Department may
utilize the funds for capital needs at the Vineyards Community Park
FISCAL IMPACT: The budget amendment will decrease General Fund Reserves (001-919010-991000) by
$9,939 and increase Vineyards Community Po~ capital improvements outlay (001-156390-763100) by $9,939.
GROWTH MANAGEMENT:
Growth Management Plan.
The Vineyards Community Park is inventoried in the Collier County
RECOMMENDATION:
budget amendment.
That the Board of County Commissioners carry forward revenue and approve the
l~u~d0 Smith, Recreation Manager
Department of Parks and Recreation
Reviewed and °'"~I,~/~/~' ~
Approved by: . , . . '.,,~,~? Date:
Maria Ramsey, birec~--~
Department of Parks ahd/Recreation
Reviewed and
Approved by: ~'-~^ ~ ~--~
Thoxna~'W. Olliff, ~.~nim'ator
Division of Public Services
i OCT 2 I'1997 I
APPROVE A BUDGET AMENDMENT APPROPRIATING FUNDS FOR IMPROVEMENTS AT THE
IMMOKALEE SPORTS COMPLEX / FITNESS CENTER.
<OBJECTIVE: To have the Board of County Commissioners approve a budget amendment reducing
.. - reserves in the County Wide Parks Capital Fund (306) in the amount of $22,400 to fund fitness center
improvements at the Immokalee.Sports Complex.
,~ON$1DERATION$. In the FYg? adopted budget the Board of' County Commissioners approved
impr0Vements for Immokalee Recreation Improvements, project #80064, at an estimated cost of $168,000
' ~tzi¢~i included relocating the fimess center facility and expanding the size to meet the community needs.
' ~ ~
As part of the project, $22,400 was allocated for additional fitness equipment to be purchased and installed at
the facility; however the equipment could not be encumbered before the end of' FY 97, thus the funds reverted
back into County Wide Parks Fund Reserves (306) for FY 95.
The attached budget amendment reallocates the money into the proper expendituxe appropriations so that the
Parks and Recreation Department can utilize the funds once again at the Immokalee Sports Complex / Fitness
Center as was originally intended and approved by the BCC in the FY97 adopted budget.
FISCAL IMPACT: The budget amendment reduces County Wide Parks Capital Fund, Reserves (306-
919010-993000) in the amount of $22,400 and appropriates the funds into the County Wide Parks Capital Fund,
lmmokalee Recreation Improvements project (306-I 56382-763100-80064 and 306-156382-652910-80064).
~"~' GROWTH MANAGEMENT: The lmmokalee Sports Complex is inventoried in the Collier County
Growth Management Plan.
RECOMMENDATION:
the Immokalee Sports Complex / Fitness Center.
Prepared by: ~/~
Murdo Smith, R~creation Manager
Department of Parks and Recreation
Reviewed and
Maria Ramsey, Directorc /
Department of Parks and Re~eation
Approve the budget amendment appropriating funds to complete improvements at
Date: /"~--
Date: /./'- t.: - ? ~z
Approved by: ~//~~ ~
Th°mas~w~blliff, .~,~!~nistrator
Division of Public Services
Date: %0' %t"'3'~"/
BUDGET AMENDMENT REQUEST
For BudScVFlnmr~ U~
FUND TITLE County Wide Parks Construction FUND NO. 306
;~ , CIP
Date prepared: 10/2/97 Attach Executive Summa~'
l:~: BCC Agenda date Item No.
if previously approved. ! 0/14/97
EXPENSE BUDGET DETAIL
~~;~:~'; [ Parks CIP [156382 {lmmoknlee Rec Imp [[80064 [
t~: I Co~Center Title lC°" Cen,~ ~o. I P,ojeet Title I~j~ ~o.
Expenditure Expenditure Title Increase Current Revised
Object Code (Decrease) Budget Budget
763100 Improvements General 15,000 0 15,000
652910 Minor Operating Equipmet~t 7,400 0 7,400
TOTAL 22,400
'Reserves [919010 [N/A 0
I ¢o~t Center No. I Projeet Title
Expenditure Expenditure Title Increase Current Revised
Object Code (Decrease) Budget Budget
991000 Reserves for Contingency (22,400) 300,.300 277,900
TOTAL (22,400)
Object Code
Revenue Title
REVENUE BUDGET DETAIL
TOTAL
(Decre. e)
CUlTent
Budget
Rev/sed
Budget
~,gend/~. I
OCT 2 11997
EXPLANATION
"Why are funds needed? In FY 97 the Parks and Recreation Department budgeted funds for
improvements at the Immokalee Fitness Center. As part of this construction, moneys were set aside
for the purchase of fitness equipment as part of the project. These funds are needed to purchase the
fitness equipment needed to complete the project.
Where are funds available? Funds are available in 306 Reserves.
REVIEW PROCESS
.Cost Center Director: ~ '~f~~
BD~gi;tnDAe~ am irtn2et~; ° r ' ~~- - -' -~~ /
Agency Manager:
Finance Department:
Clerk of Board Admin.:
Input by:
B,A. No.:
DATE
(gb G:'~Piscal Office~Budget Amen~nents', )
Reservations will be approved by the Parks and Recreation Department on a case by case
basis based on the following criteria:
a. The proposed activity must provide educational or recreational value and use is not
anticipated to incite violence, crime or disorderly conduct and does not violate any
general 0r local law.
b. The proposed activity will not cause unusual or burdensome expense or police operation
by the County or by any community in which it is located.
c. The fracility has not been reserved on the same day and/or hour requested.
d. All other applicable County and State permits have been obtained and submitted to the
P~rks and Recreation Department.
e. Special event costs (see Section F).
f. The Parks and Recreation Department must be a co. sponsor ot'the event for any group to
charge an admission free.
g. The Parks and Recreatien Department will provide a copy off an approved application to
the event organizer to con,q..'?n final approval of the event.
h. No revisions or adjustments to final approved application may be made without prior
written notification to and written approval from the Parks and Recreation Director.
i. The organization will include evidence that the organization has acquired or will acquire
all applicable permits state, county, health department, etc. to conduct the event.
Organizations planning to hold a special event at Sugden Park must submit an application and
fracility reservation deposit to the Director off Parks and Recreation no later than (60) calendar days
prior to the event date.
a. Upon reviewing the application, the director may schedule a special events committee
meeting with the event organizer approximately (30) calendar days prior the event date.
All requested services, permits, rental frees and service charges will be discussed at the
meeting.
~ote: It iS the event orRanizer'~ resuonsibility to attend the meetin~ t)rouerl¥ prepared to
discuss the event in detail and provide all required d0cumen~ation and infro,-rnation c, ermainin~;
to the event.
b. The Director may approve or deny the application at this time.
c. Event Logistics: The event organizer must provide the Director with detailed event
information and copies ot'required documents no later than (30) calendar days prior to
the event or at the special event meeting, whichevcr comes first. The infrormation and
documentation may include, but are not limited to the frollowing:
i. Event Map/layout (maps/layouts available upon request.)
2. Event Agenda: (shows times, etc.)
2
do
3. Vendor List: (names, addresses, phone #'s) of ali food vendors, sponsors, non-profit
groups, merchandise vendors, and any other vendor present at the event.
4. Supplier List: (names, addresses, phone #'s) of all rental companies and sub
contractors hired to provide logistical services for the event.
5. Logistical schedule of event: (deliveries, set-up, clean-up).
6. Fire retardant certificate for each tent set up at the event.
otc: n reviewin th ev nt I istics the un reserve he ' h ve
revise or den a 'clem a izati ' devent ' all w h oun
to have theutm st uali c n ! tandard toenureth ucc d at~ 'of each
Parking Plan: The event organizer must provide, no later than (30) calendar days prior to
event date, to the director a detailed parking plan for ali areas scheduled to be utilized and the
parking attendants scheduled to monitor the defined parking areas.
~tifvthe eneral blic of
~losed road~ and designated oarkJn~ ar~as, if a~vlicable.
pEPOSIT POLICY:
The Director shall determine the amount of deposit based upon the scope of the event. The minimum
required deposit will be t~vo hundred dollars (S200.00). The deposit will be returned provided the
facilities are leR in an acceptable condition as determined by the Director or designee. The security
deposit may be waived for individuals or groups that repeatedly use the facility or outside areas in a
respons~le way on a regular basis.
No deposits are required from government entities or groups that have been appointed by the Collier
County Board of Commissioners.
Deposits will be returned due to cancellations only if cancellations are made three days prior ('/2
hours) before the scheduled event. Any cancellations made less than '/2 hours prior to the usage date
will result in forfeiture of the deposit.
SPECIAL EVENT COSTS:
I. Special event costs: The following costs listed below have been provided to assist organizations
in calculating the County fees that may be assessed for an event:
a. Base rental $1200 per day Category [ (see License and Fee Policy for definitions)
b. Base rental S$00 per day Category II (see License and Fee Policy for definitions)
c. If an admission fee is used the daily base rental or 30% of admissions whichever is greater
will be used.
S20 ADDITIONAL PER HOUR
d. Rental during non business hours
e. Parks and Recreation staff
$ ! 5 per staff member
1997
f. Security staff'
g. Special requesu for clean up
S20 per hour determined by department
Per hour fee determined by department
PAYMENT OF FE£$: Event organizer must pay all fees to the Parks and Recreation Department no
later than (5) calendar days prior to the event date. All facility rental fees, deposits and maintenance
fees am to be paid at the Administrative offices. Organizations assessed fees during or after the event
will be invoiced by the Parks and Recreation depaIl~ent on an individual event basis. All fees must
be paid to the Parks and Recreation Department no later than (30) calendar days after invoice.
DAMAGF_JCLEAN UP STATEMENT: (Charged on individual event basis)
Any organization which holds a special event on County property will be responsible for any area,
park or facility that is utilized during the event. Ali organizations mu~ provide a clean-up committee
for each event date.
Note: An organization that holds an event on County property that causes damage to that property or
associated properties will be invoiced by the Parks and Recreation E)cpartment. Ail damages must be
paid to the Parks and Recreation E)~partment office no later than (30) calendar days after invoice date.
]~iS~RANCE AND/NDEIV~IFt(~ATIOH PO~ICY~
Indemnification as approved by the County Attorney shall be included in the Rental and A~recment
Form.
The following provisions for Category ! and !I Groups (see License and Fee Policy for definitions)
shall apply for all events:
l. Category I groups shall have at least $300,000 insurance coverage per occurrence combined
single limits for bodily injury and property damage liability, including premises and operations.
Board of Collier County Commissioners shall be named as additional insured. If the user is
subject to Florida Worker's Compensation Law, coverage shall be provided as required by law.
The coverage shall be statutory limits in compliance with applicable state and federal laws. The
policy must include Employers Liability with a minimum limit of $I00,000 for each accident.
2. Category I1 shall have comprehensive general liability coverage with minimum limits of $300,000
per occurrence, combined single limits for bodily injury liability and property damage liability,
including premises and operations. As determined by County Parks and Recreation Management
Director, in the event of above average exposure Sf00,000 liability coverage shall be required and
in the event of unusually high exposure $1,000,000 insurance against liability shall be required.
Board of Collier County Commissioners shall be named as additional insured. ! f the user is subject
to Florida Worker's Compensation Law, coverage shall be provided as required by law. The
coverage shall be for statutory limits in compliance with applicable state and federal laws. The
policy must include Employer's Liability with a minimum limit of $100,000 for each accident.
Each applicant must sign the Rental Permit and Agreement Form which includes an indemnification
agreement. Certificates of Insurance meeting the required insurance provisions shall be presented to
the Parks and Recreation Department at least fifteen (If) days prior to the date of scheduled use.
Certificates shall state that the coverage is specific to the subject event.
4
0 CT 2 t 1997
$. RESPONSIBILITY STATEMENT
Each organization planning and executing an event at Sugden Regional Pa,-k shnll abide by the Policies
set forth in this Special Event Policy, and will also supply the County with all the information and
document necessary to assure all parties involved with thc event will maintain the high standards
expected by the County.
Note: Failure to abide by the policies stated in this policy may affect furore Special event requests
submitted by respective organization.
IC SPECIAL EVENT CHECK LIST
A~L OROANIZATIONS WILL
NO LATER THAN
Submit application and facility deposit
Attend County special event me,ting
Copy of all advertisements
Provide event logistics & permits
Copy of all insurance certificates
Pay ali permit and rental fees
Pay additional fees and damages
60 calendar days prior to event date
30 calendar days prior to event date
30 calendar days prior to event date
30 calendar days prior to event date
! 5 calendar days prior to event date
5 calendar days prior to event date
30 calendar days aRer event date
These dates may be extended or waived by the Director or designee for good cause, bm has no
obligation to do so.
5
.~
1997
EXECUTIVE
CAPE MAINTENAI~I~,r~ r~w v t~ ___
FOR LANDS ENT
OF THE COST OF THE COUNTY HORTICULTURAL AG
OBJECTIVE: To develop a funding source for the County's Horticultural Agent position
supported by those who most directly benefit from the service prodded.
CONSIDERATIONS: The County Horticultural agent is a position that is funded 60%
by the Univer;ity of Florida and 40% by the County. When funding for this position ~
reviewed, the stzf'f w~ asked to determine if there v,~ a v,~y for the landscape maintenance
ind~try, which benefit~ mo~t directly from the services provided by the position, to pay for
the County co~t in lleu of ad valorem tzxes.
There are 696 lawn maintenance firrr~ and 228 landscape contractor~ in the County. The
Landscape l~L-fintenance Association and the Ro)~ Palm Chapter of the Florida Nur~-ry
Growe~ Association have recommended that the county horticulture position would
provide the necessary training for the pesticide, fertilizer and water use licenses, in return for
the position being funded by an increase in their industry's occupational licenses by up to
$20 per annum.
To determine indusn'y suppo~ the 924 licensees on the li~t provided by the Tax Collector's
Office were mailed an invitation to attend an inforr~fion meeting Thursday, September 18.
They also received a ballot to return by mail or fix. Fifty-four (54) ballot~ were returned to
the Agriculture D~ent, of which 35 were in favor and 19 were opposed. At the
information meeting. 15 businesses attended, all of whom supported the incre~e. Those
opposing ballou objected to new taxes of any sort, appeared to feel that their taxe~ already
paid for this progra~ or did not feel it should be financed this way. Comments on those
supporting ballot~ included, "A must", '~gain' and "We need a commercial bott. agent, I
support thi~ 100%".
The fee increase as propor~:d is tiered as are the occupational license fees based upon the
number of' employees. Those businesses with "no employee" licenses would pay an
additional $I0 annually, those with 1-10 employees would pay an increased $18 annu~ly, and
those with more than 10 employee~ would pay $20 more per year.
FISCAL IMPACt: With 924 current licen.~ znd the p~o~t tiered fee ~.hedule, it is e~tlmated
that $13,626 would be generated. In zdditioo, nea~y $3,000 i~ generated ~gh a continuing
education p~ogram for the mandatory State pe~ticlde license requirements. The total revenue of
$16,600 would pay the current County portion of $16,200 in salary and benefiu for the hortlculmral
agent position. An increase in occupational license fee~ would become effective until July 1,1998.
GROWTH MANAGEMENT IMPACT: None.
0C1 2 1 1997
Pg._
)~XECUTIVE SUMMARY
APPROVE BUDGET AMENDMENT FOR THE REPAIR OF PLANT
MATERIAL ALONG US 41 AT THE MAIN GOVERNMENT COMPLEX DUE
TO CONSTRUCTION
OBSECTIVE: To obtain Board approval for landscaping repair due to the widening of
US 41 at the Main Government Complex.
CONSIDERATIONS: On March 28, 1995 the Board approved a Resolution authorizing
the sale of County owned property (along US 41) to the State of Florida for ro~lway
improvements. The Board received $20,000 fi.om the State to repair the parking lot and
landscaping damaged because of the construction.
Staffis requesting approval of a budget amendment transferring funds as addressed within
the March 1995 Executive Summary to make the above mentioned repairs.
FISCAL IMPACT: Funds would be transferred from General Fund Reserves (Cost
Center 919010 -991000 to the Landscaping Operating Cost Center (001-126334-
634999) ~ th~ ~ of $23,000.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board approve the necessary budget amendments as
addressed within this summary for the repair of the parking lot and landscaping at the
Main Govenement Complex.
Prepared By: ~ _ Date:
$~ Camp, CFM, D:rector
The Department of Facilities Management
Approved BY:~o E. Ochs, .ir., Afmi,n_i~ra[or
Support Services
I "
AGE~OA, XT£n "
OCT 2 1 1997
~:i". · ' EXECUTIVE SUMMARY
~ iPPROVAL OF A FIRST AMENDMENT TO LEASE AGREEMENT BE'I%VEEN COLLIER
CO R SSMA GOSS * R SOL T O"
------'.-'"-~'- A~mroval of a Fire Am~dment to Lease Agre~m~t between Collier Co_.unty and
~]tJ.M,,aa.L~ ~...~ . . _ ,___,..,:A.. and District Office Lease Attachm.en..t. regarding same
r',~"~',.~eman Porter ~ aria execuxc a :~c~omuo. ......... -'-- ~":~dlfP"
· .~"'~ .... . . .. ,,. __, ...., ~ a.. --,',,nd floor ofthe AtlmlnlSH"duon ou~
-':i:... . _ .... ~ _ v ~'c A~'~'~ent on November
coNsIDERATION: The Board of County commissioners approvm a ~.~_ ~,.~-.: .......
~ ...... -":-- -~' .... ~' to Con~,essman Porter Gos~ on the second floor of me ^amm~str~. uon
1o,' lyy.~, pw~oml~ u,,,.~ ~t,,~,._ . ~- . _,~__ T~..'"'"~t Lease term shall tcrrntn~te on
Building for the purpose of conducting a governmem om~. ,-,- ,.
* ........ "--- of thc office for an additional two (2) years.
At this time, the Congressman ts requesung t. nc conunucu un ........ ....a o..
Th/s extension'shall cause the Lease to terminate on January 2, 1999. -ll~e Lease nas also oeen
...... flect the Cono,,- ,,-an's election
as oflanu 4, 1993 'lhesc aat~ r~ ~,- .... . .
show the commencement date ary . ..' ~.,- ~' ---' ..... xl .~ House of Reoresentat~ves m
- ........:--.~ +,- be wri~en in this manner oy me umce oi r~mm~,,.- ..... . ,-
aha ar= rr. qu,~.~ ,-, .... · ' mined in the current Lease ^grcvmcm
Washington, D.C. All remmmng terms and con&t~ons con
remain in full force and effect.
]~ISCAL IMPACT. None.
COlViMENDATION: That the Board of County Conummoners approv.e a.F,rst %e..nendrnent to Lease
~.E ..... ~ o ........ - Porter Goss and authonze ~ts Chmrman to execute the
een t;ollier t.,ounly anla ~,,vulSt~- .... . ·
Agr~ent bctw - · - ...... '"~--- ' -"-'c Attachment (two (2) cop~es) r~gardmg same.
Amendment, thc Resolution and thc Dl$IrlCI ~.~ll, lc~
PREPARED BY ~___J_.~~ ~cal
Michael H. Dowling, Real Propcrt3r'b'Pecians%~~' Property Ma~mgement Dcpertment
REVIEWED BY:~
Skip Camp, Director, Facilities Management Department
REVIEWED BY: '
Leo E. Ochs, Jr., AdminiStrator, Support Sa-vices Division
{-
FIRST AMENDMENT TO LEASE AGREEMENT
'lEIS FIRST AMENOM~ TO LEASE AGR-:EMENT erJtered into this _ (lay of .... ,_. ..... I,rJ?
Naples, Colher County. Florida by and between Congressman Porter Goss v. hose madmit address i,, .,)Ol I a-~ Tam:ami
Trail, Administration Building, Naples, Florida 34112, hereina~er referred to as "LESSEE". and ('ol|~¢t ¢'ount). a
poTitical subdivision of the State of Flor~da. ~.hose mailing address Is 3301 East Tamiaml Tra I. Naples. Fhnlda 34112.
hereinaiter referred to as =LESSEE".
WITNESSETH
WHEREAS, the LESSEE and LESSOR have prevmusly entered into a Lease Agrerment dated Novcm~.'r
WHEREAS. the LESSEE and LESSOR are desirous of amending the Lease Agreement in order to reflect t~.c I.liSSEE'S
political term; and
NOW THEREFORE, in consideration of the ¢ovenanta and a~.eemem! provided withm Ihe ~ald l.ca~e Altrcvment dated
November 16. 1993 and Ten Dollan {$10.00) and otbrr valuable consideration, the said Lense ^g.-rc.-nen~ (~ hercb)'
amended as follows:
Article 2 of the Lease Agreement is hereby dclcted in its entirety and the following ptovismn ,, sub,:::a:ed in it)
place:
LESSEE shall have and bold the Demised Premises commencing on January 4. 199~ and ten~m-',tm~: ~ January
2. 1995. If LESSEE'S political terms are extendtd. LESSEE is granted the option, provided he i,t n,,! Tn
of the terms of this Agreement. to au~oma,cally renew same fat two (2) additional tcrrn.~ nf t~o
reflecting LESSEE'S terms ofo~ce, undot the les 'ns and conditions as provided herein.
Any holding over the expiration of the lc- .~s of this Agreement with the consent of LESSOR )hal:
to be tenancy from month-to-month under the terms and conditions as provided herein, until buch ~lme
Agreement can diligently be processed by LESSOR tot the new team.
2. Except as expressly provided here~n, this Lease Agreement between Congressman Por~er (';m.,, and Colher
Count)' for utilization of the premises described in said Lease Agreement remains in full force and effcc! a¢~u.-dm~ to the
terms and conditions contained thrre'~n, and said ten.ns and condmons are applicable hereto except a~, cxp.-~..,-~.', pro.. ~-'d
otherwise hereto.
I~ WITNESS WHEREOF. the LESSEE and LESSOR have hereto executed this First AmendrrHrm to
Agreement the day and )'eat first above ~tten.
Wi_mes~jiL/nature} , , j o _ _ ¢ ONORF. SSMA.~(PORTER GOSS
W~ess (~.nature)
.~T-.~E--G~- F bO R.I O A
COUN'I'~ OF
The foregoing Lease A~-ement was acknowledged before me this t I'r> day of ~.~';e ,-.,~,
1997. by Congressman Por~er Goss, who-~-'"pem~ally ~nown m me or ~h~ ha, prod~'o~
(Signature of Notary Public}
(Prim name of Notary Public)
NOTARY PUBLIC
.e, eral Conuninice #
My Commission Expires:
I OCT 2 1 1997
DAT~.
ATIT.~:
DWIGHT R. BROCK.
BY:
Apl~tuv~d ~s to form
A.ui~ Co~y Auor~
BOARD OF COUN i ¥ ~.v.~sMi;~a,~.-~,.
COLLIER COUNTY, FLORIDA
TIMOTHY i.,. HANCOCK, C'~irm~n
tO
Il
14
19
20
21
22
23
2.1
~9
34
~6
4O
4!
4~
44
46
47
SO
$4
' RESOLUTION 97- .
RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, APPROVING A FIRST A.MEND.MEN~I'
TO I.EASE AGREEMENT BETWEEN COI,I,IER ('OI:NTY
CONGRESS:JAN PORTER GOSS FOR TIlE CON] INt'EI)
UTII.IZATION OF OFFICE SPACE WITIIIN TIlE ADMINISTRA'I ION
BUILDING.
~,TIEREAS, Congressman Porter Goss ("Congressman") desires to continue t., I¢.,,~.
office space on the second floor of the Administralion Building owned by Colhc: C'o,,,'.~.
political subdivision of the State of Florida ("Collier County"). in order to operate a t'm'.,'d
States government office.
V,~HEREAS, the First Amendment to Lease Agreement provides options for I%%o
additional terms of two (2) years each following the initial lease lerm of January .L 1993. The
amended termination date shall be Janua~t 2, 1999, if the options are exen:ised. These da:es
reflect the Con~'essman's election term.
WHEREAS, the Board of County Commissioners is satisfied tha! this prop~.".,: ~.~
required For the Congressman's use and is not needed rot County purposes.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF CO'~'~.TV
COMMISSIONERS OF COLLIER COb.'NTY. FLORIDA. that:
i. The Board of County Com. nissioners does approve the atlnched First Arncndtn~-nt
Lease Agreement between Collier Count' and Congressman Porter Goss, U.S Ho:s,c
R~resentatives.
2. The Chairman of the Board of County Commissioners of Collier Count)'. Florida. ts
hereby ~uthorized to execute the attached Lease Agreement.
This Resolution adopted this day of . !o97
at, er motion, second and majority vote.
ATTEST:
DWIGtlT E. BROCK, Clerk
BY:
,DeputyClerk
BOARD OF COUNTY COM.".IISSIONF. RS
COLLIER COU.~'TY', FLORIDA
BY:
TIMOTHY L HANCOCK. Chairman
Approved ~s to form
and legal suffici.enq:
H~:idi FJ A~l~to~ ·
Assislant County Attorney
~J.S. Hous* o{ Repre~entitives. for iutomiti¢ pByment of · dlltflc~ ofl~ce leiN.
DISTRICT OFFICE LEASE ATTACHMENT
--- 1. Lessor and Lessee agree that this DISTRICT OFFICE LEASE ATTACHMENT (Attachmentl is inc,rporated
into and made a part of the lease agreement for Congressional distH~t office space to which it is attached.
2. Lessor acknowledges that the House of Representatives is not responsible for the performance of the lease
agreement except as provided in paragraph 8 of this Attachment, and Lessor agrees to look solely to Le-.'.-.'ee for
performance of the lease agreement.
3. Lessor acknowledges that the House does not disburse funds for advance payments or security dcpo,it~, and
that payments made by the Chief Administrative Officer of the Hcuse on behalf of Lessee will he .,eat to th(.
at the end of each month in satisfaction of each month's occupancy. Lessor agrees that any payment hy t;;~;
Administrative Officer for any period after this lease agreement has been terminated shall be rufundcd forth~'~th by
Lessor to the Chief Administrative Officer without formal demand.
4. The term of the lease agreement shall not exceed the shorter of two years or the constitutional term of the
Congress to which the Member is elected.
5. The total dollar amount specified in the lease agreement shall not be varied by any fac'.or, cost uf living
clause, elevator clause, escalator clause, or any other adjustment or measure during the term of the lca.~c agreement.
6. Lessor agrees at its expense to maintain in good order the public and common areas of thc building, and
agrees to maintain, repair, or replace as needed, all structural and other components of the premi~e.~, including roofs,
ceilings, walls, floors, windows, doors, fixtures and mechanical, plumbing and electrical system.~ and c,q.,~ipment
serving the premises.
7. Lessor agrees to ensure the availability of premises wiring suitable for telecommunications and data
transmission (22 to 26 AWG twisted pair of low capacitance).
8. In the event of the death, resignation, or removal from office of Lessee, Lessor hereby expressly ~rar.:z to th
Clerk of the House the right to continue to occupy the premises under the lease agreement for a period of up to sixty
(60) days following the election of the Lessee's successor, unless the Clerk elects to terminate the luaie .~.grccn:cnt by
giving thirty (30) days written notice to Lessor.
9. The lease agreement and this Attachment, and any termination notice given under the terms of thu lease
agreement, shall be sent to the Office of Finance, 263 Cannon,House Office Building, Washington, D.C. 2051'5.
Any portion of the lease agreement to which this Attachment is attached and an)' subsequent or additmnal
agreements which are inconsistent with paragraphs 1 through 9 of this Attachment shall be of nu furcu and utTcct to
the extent of such inconsistency.
IN WITNESS WHEREOF, the parties hereto have hereunt/o' ed their seals.
BOARD OF COUNTY COMMISSIONERS, COLLIER~
BY -' (Lessor) -- ' [// (Lessee)
TIMOTHY L. HANCOCK, Chairman CONGRESSMAN PORTER GOSS
_. .......
(Date) (1~!(.~ t~ ~ 3 Y~/~ __ , ........................................
....... - ........ ...... , · .
Reviewed and approved pursuant to the rules o~f~.~e Committee on House O~ ers~ght.
Signed
Date
EXECUTE CONTRACTUAL AGREEMENT WITH GOLDEN GATE FIRE
CONTROL AND RESCUE DISTRICT FOR FIRE AND RESCUE PROTECTION
SERVICERS WITHIN THE COLL._._~iER COUNTY FIRE CONTR~OL DISTRICT._.._...._._.~.~
OBJECTIVE: To obtain Board of County Commissioner's approval to execu, te
a contractual agreement with Golden Gate Fire Control and Rescue Distnct
for provislon of fire protection services within the Board of County
Commissioner's Collier County Fire Control District.
..cONSIDERATION: Pursuant to Collier County Ordinance No. 84-84, as
amended, the County created the Collier County Fire Control Municipal
Service Taxing Unit for basic fire protection services outside of Municipal
and existing fire districts boundaries. Currently, the property owners within
the Collier County Fire Control District are taxed at a rate of 2 mills.
The term of this Agreement shall be effective October 1, 1997 through
September 30, 1998 and thereafter, shall be deemed extended year to year
based upon the same terms and conditions contained within the attached
Service Agreement.
FISCAL IMPACT: Funds are available in Collier County Fire Control District
Fund (148). Anticipated FY 1997.98 payment to the Golden Gate Fire Control
and Rescue District is $77,800.00.
GROWTH MANAGEMENT IMPACT: None.
.RECOMMENDATION: That the Board of County Commissioners approve
the attached Service Agreement between the Golden Gate Fire Control and
Rescue District and the Board of County Commissioners and authorize the
Chairman to execute same.
PREPARED BY:
REVIEWED BY:
REVIEWED BY:
(~2~/~, Commander
~1 ff"l~-~7, E~M~SS Battalion
Diane Flagg, Emergen'~:y Services Chief
Leo Ochs, Support'Services Administrator
DATE:' .'::,'~
SERVICE AGREEMENT BETWEEN THE GOLDEN GATE FIRE
CONTROL AND RESCUE DISTRICT AND THE BOARD OF COLLIER
COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
This SERVICE AGREEMENT (Agreemen0 made this day of
, 1997, by and between the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter
referred to as COUNTY), and the GOLDEN GATE FIRE CONTROL
AND RESCUE DISTRICT.
WITNESSETH
WHEREAS, pursuant to Collier County Ordinance 84-$4, as
amended, the Board of County Commissioners created the Collier
County Fire Control Municipal Service Taxing Unit, ( hereinafter
referred to as the ".Collier County Fire Control District"); and
%VHEREAS, the Collier County Fire Control District, as created by
Collier County Ordinance No. $4 - $4, as ,mended, include all of the
unincorporated area of Collier County, Florida, that is not included
within a dependent or independent fire control district; and
%VHEREAS, the GOLDEN GATE FIRE CONTROL AND RESCUE
DISTRICT has the necessary equipment and personnel, as described
in fire department response procedures Exhibit "A" attached hereto
and incorporated herein, to provide fire control, fire prevention and
rescue services to sub-areas of the Collier County Fire Control
District; and
WHEREAS, certain portions of the Collier County Fire Control
District described above requires fire and rescue protection
services; and
WHEREAS, the parties desire to enter into this Agreement under
the authority of the Florida Intergovernmental Cooperation Act of
1969 (as amended), being Chapter 163.01,et.seq., for the purpose of
most efficiently providing fire service and rescue service to those
geographic areas and parts of the Collier County Fire Control
District which are the subject ofthls Agreement.
NOW, THEREFORE, in consideration of the premises and
covenants set out herein, and other valuable considerations in hand
received this date, each party from the other, which is hereby
acknowledged, the parties hereto agree as follows:
oo ·
1. The term of this Agreement shall be effective from October 1,
1997 to September 30, 1998, and, thereafter, shall be deemed
extended year to year upon the same terms and conditions
contained herein. This Agreement may be amended as to its
terms and conditions at any time by mutual consent of both
parties, through a writing executed with the same formalities
as this Agreement by both parties.
The GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
agrees to furnish fire protection and rescue services, to a
portion of the Collier County Fire Control District. The fire
department responses as described in Exhibit "A" shall be
deemed to establish the closest station response to calls for
service in the Collier County Fire Control District- The
GOLDEN GATE' FIRE CONTROL AND RESCUE DISTRICT
shall furnish said fire protection and rescue services within a
primary zone of coverage within the Collier County Fire
Control District, as ~vell as in other zones of the Collier County
Fire Control District, as required by procedure, or upon the
request of the County or of other Collier County Fire Control
District contract providers. The Fire Chief of the GOLDEN
GATE FIRE CONTROL AND RESCUE DISTRICT shall, in
conjunction with the Chief of the County Department of
Emergency Services and the other agency Fire Chiefs servicing
the Collier County Fire Control District, forward to the County
a map, indicating and confirming each agency's primary and
secondary response zone ~vithin the Collier County Fire
Control District. Said services shall be provided in the same
manner, level and priority as the fire protection and rescue
services furnished within the regular GOLDEN GATE FIRE
CONTROL AND RESCUE DISTRICT, taking into consideration
the time, distance and resource limitations of the GOLDEN
GATE FIRE CONTROL AND RESCUE DISTRICT.
The COUNTY agrees to pay the GOLDEN GATE FIRE
CONTROL AND RESCUE DISTRICT for services rendered to a
portion of the Collier County Fire Control District pursuant to
the requirements of paragraph two above, from taxes collected
during Fiscal Year 1997-1998. Payment shall be calculated
from the latest tax assessment rolls available May l" of each
year of this Agreement. Available tax revenue is the total
amount of taxes available for fire and rescue protection
services after costs of collection have been deducted.., Payment
is to be paid on a quarterly basis on January l; April 1; J~
2
and September 1. Revenue and payment will be based on the
following formula:
Total ad valorem revenue for the Collier County Fire
Control District less collection fees and administrative
costs, less negotiated payment of 12.01% to the Isles of
Capri Municipal Rescue and Fire Services Taxing
District. The East Naples Fire Control and Rescue
District, the Ochopee Fire Control District and the
Golden Gat~ Fire Control and Rescue District shall each
receive 29.33% of the remaining balance.
payments to the GOLDEN GATE Fire Control and Rescue
District shall be made quarterly by the COUNTY on the
following dates;
January 1, April 1, July 1, and September 1.
4. Both parties to this Agreement hereby agree to cooperate and
participate in mutual programs and projects in the interest of
fire and rescue protection within the County of Collier, and
with the Fire Marshall of the State of Florida.
5. This Agreement may be terminated by either party by the
sending and receipt of written notice of termination by the
other party, on or before July 1't of each fiscal year. In the
event that notice of termination is provided, it shall be
effective beginning on the first day of October after delivered
and received. Notice shall be considered sent and received if
delivered to and' received by the Collier County Emergency
Services Chief, or the Fire Chief of the Golden Gate Fire
Control and Rescue District. Notice may be made by US. Mail,
return receipt requested, or by hand delivery.
6. All Service Agreements, and amendments thereto, between the
County and the GOLDEN GATE FIRE CONTROL AND RESCUE
elatin to the area previously termed .the Collier
DISTRICT r g ......... ~-ebv rescinded and
County Fire Control t~,strtc~ ar= ~- J
superseded.
In WITNESS WItEREOF , the parties hereto do hereby affix
their hands and seals on this _ _ day of_ 1997.
GOLDEN GATE FIRE CONTROL
Attest: AND RESCUE DISTRICT
/ Gene SmoOth, Secretary Bob Mast, Chairman
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:_
Timothy J. Hancock
Chairman
Approved as to fo.r~, and ]! / . ~/~.~ -
le-al sufficiency: Cx[! ~f/,~ /I ~ ~ ~
He~d~ ~hton
Assistnnt County Attorney
4
TYPEOFS~UATION
UNKNOWN SUBSTANCE
EMERGENCY
EXHIBIT"A"
FIRE DEPARTMENT RESPONSES
FIRST DUE
PRIMARY
SECOND DUE
SHARED
1ENGINE
RESCUE
~COMMANDER
ENGINE
COMMANDER
HIGH HAZARD
BRUSH FIRE SEASON
DIVISION OF FORESTRY 2 BRUSH UNITS OR
~ TANKER AND t
BRUSH UNIT
1 COMMANDER
BRUSH UNIT
COMMANDER
OUT OF SEASON
DMSION OF FORESTRY
BRUSH UNIT OR t ENGINE
AND 1 TANKER
~ COMMANDER
NO RESPONSE
VEHICLE ACClDENT
1RESCUEUNIT
W1THWATER
NO RESPONSE
RESCUE CALL
RESCUE UNIT
NO RESPONSE
SMALL VEHICLE FIRE
(CAR, PiCK-UP)
LARGE VEHICLE FIRE
(TRUCK, RV, SEMI, OR
UNKNOWN TYPE)
ENGINE
NO RESPONSE
2 ENGINES OR 1
ENGINE AND ~ TANKER
1 COMMANDER
ENGINE OR ¶ TANKER
COMMANDER
STRUCTURE FIRE
RESlDENTLAL
2 ENGINES OR ¶
ENGINE AND 1 TANKER
t COMMANDER
COMMERCIAL
STRUCTURE
2 ENGINES OR t
ENGINE AND 1 TANKER
2 COMMANDERS
ENGINE OR 1 TANKER
COMI~NDER
ENGINE OR t TANKER
COMMANDERS
UNITS MAY BE SUBSTITUTED DUE TO TIME, DISTANCE AND RESOURCE UMITATIONS OF THE
pARTICIPATING AGENCY. COMMANDER: ANY OFFICER THAT HAS AUTHORITY FOR COMMAND.
EXECUTIVE SUMMARY.
APPROVAL TO AWARD BID ti~97-2736 TO EVERGREEN LANDSCAPING
OF COLLIER, FOR GROUNDS MAINTENANCE AT SATELLITE FAClMTIES.
Environmental Care, Inc.
Commercial Land Maintenance, Inc.
C. Blanco Lawn Care, Inc.
Advanced Lawn, Inc.
Evergreen Landscaping of Collier, Inc.
~;~J..~: To have the Board award Bid ff97-2736 to Evergreen Landscaping of
Collier, for grounds maintenance at selected Satellite Government Facilities.
CONSIDERATIONS: On September 17, 1997 the Purchasing Department
published and distn'buted bid packages for grounds maintenance services for
satellite facilities. A non-mandatory pre-bid conference was held on September 30,
1997, with five (5) firms attending. The bid opening was held on October 8, 1997,
with five (5) bidders submitting. The bid results are as follows:
$ 109,144
$ 94,794
$ 68,940
$ {~$,780
$ 58,080
The apparent Iow bidder is Evergreen Landscaping of Collier. The contract period is
for two years, with two one year renewals. Staff has checked references, and found
them to be acceptable. During the calculation process, staff noted that three bidders
did not receive an addendum to the specifications pertaining to items 22 and 24.
Given that Evergreen Landscaping is the lowest bidder with or without the
referenced items, staff recommends award of the bid to that firm, and waiver of the
referenced irregularity.
FISCAL IMPACT: The annual cost for this service is $58,080. Funds were budgeted
in Facilities Management Cost Center (Grounds Maintenance) 001-126334.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATIONS: That the Board of Collier County commissioners waive the
irregularity referenced herein and award Bid f/97-2736 to Evergreen Landscaping of
collier, as described within this summary, and authorize the contract Manager
authorization to approve change orders not to exceed the cost center, and authorize
the Chairman to execute the contract after review by the County Attomey's office.
Executive Summary Cont.
Bid ~'97-2736 Page Two
Ronald Holder, Contract ~ · ·
Department of Fadlities Management
· REVI~.BY :~:~:i~~~L~ DATE:
Skip Camp, C.F.M., Director
Department of Facilities Management
Stephe'h.Y. Carffell, Director
Purchasing Department
REVI~D BY Leo ~. Ochs, J~, Adml,nl~trator '
Support Sewtces DM~/Ir~
DATE:
"Grotmds Malm~nce for _ _' . '" OPENING DATE: Oc~ob.~' 05, 1997
~TA~ONS S~ TO: 53 v~ao~ Page ! of 3 .............
~'" I I~ v~'- ~
p s /./~- s }~- -s ~q- ~
:~f 2. Colli~No~B~chL~ S ;~- ~ S /~0- ,,. S ~/ &O
3. Gold~ Gate B~ch L~' S /~- S
~- s 3~''
To~i Co~
:':~ 4. M~co SheriffSubsution S /
:~': Unit
[;~ ~. Collier ¢o=~ Dev. S~'ic~s C~.
~nit co~' s
To=l Cost
Unit Cost S D~ &- S /~0-
To=i Cost S~ S~~, ~ ~ - S' ~, ~,&o_
~. Golden G~te Emer. Se~'. C~. S ~ ~/' &
. Unit Cost S ~l/- S /~--
;~,/ To~l Cost -
~ ~, To~10o~ S~//. ~_ ' ,,
:fT:t 9. No~aplesEm~.S~.C~. S ~-- S /G~-- ,. S ~l.~0
"" Unit Co~
10. ~mokalee Em~. Se~. C~. C~se
UnitCo~ S- % ~- ~6 300 -- ~~
To~l C~
11. H~bor Road (sites 2 ~)
'~ To~I Co~
12. Gold~ Gate ~nm L~ $ ~ ~ ~ _ .,. S ~-_ . ~ ~ 7. ~
r~c~ ~~ s- 3.~-
UnkC~
To~ Co~
~4. No~ Napl~ L~ Namm A~
TABUL.A'[iON FOK t~lu sv/--'
~' 'Grounds Ma{ntmance for Satellite Facilities"
~.~ INVITATIONS SENT TO: 53 Vendors OPENING DATE: October 05, 1997
~:' Pase 2 of 3
: .............................. , !
! ....~A,~£ I~_'~''-- I - ,~ ,, I ~. xl_ Z~
16. aryCemetery ,. /_ c/' - ¢ /.ye.... $ /7/~. ,~O $ /~'~ '"
IT. lmmo._'ka~ £mer. Cu'. Re'ar Field - · '~- ,' ',.-~ - S ,,~ ~ '7. ~/O S / ~'~ -
Total C~.. $ ~, ~ V'~ - -- m -,'/v, _ - - -; '"
· i/iF 18. OCPM Trader _ . , ,. ,/~ ~ / 7~. ~0 S /..,2o --
i'.. Unit Cost $ ~,t/- ..._ 3 ,vt, : . ':" -~.~-' S-!:b"~" '
S 7hZ ' _ S /,,~'~ _ ~?~..,.la=~_c..~v-- _ ,
Total Cost
19. EMS Orangeu.ee
Unit Comi
Total Cost
20. Van Burran Vacant Lot
Unit Cost
Total Cost
21. Rober~ Ranch
Unit Cost
Total Cost
22. lmmokalee L~r'~.'
Unit Cost
Total Cost
23. lmmoka~e~ He31th Serv.
Unit Cost
Total Cost
24. Immokalee Health Rear Land
Unit Cost
Total Cost
ADDfl'ION TO CONTRACT;
a. Landscape Maintenance
Monthly p/sq. ft.
b. Cost ofa{l landscape materials,
including bu~ not limited to u~es,
shrubs, bushes, plants and mulch
Current number of' employees
Number of employees to be hired ii'
awarded ¢onu-act
o ..2. _ o 0
TABULATION FOR BID #97-2736 POSTING DATE: September 17, 199'/
"Grounds Malntenance for Satellite Facilities" OPENING DATE: October 05, 1997
INVITATIONS SENT TO:. 53 Vendors Page 3 of 3 . .
~ ............. ~,~~~...,~ ~ I .~-~,-~-I
' .].~ ..... ~.~;..- ............. ~ ...................
Pro.pt payment ~crms .......
Net 30 _days Net 0_,3.Q.._days Net~da.~s Net~ da.x~
Addenda Ackncr, vtedged: YES ~.NO YES I~..NO .E~YES ..=_NO ..YES v~.NO
- -Claire Oss, Purchasing Techmcian
"No Bids" received from:
~W~RD PROCEDURE: Copics of'all Proposals a~d Tabulations for this bid haYe been forv,'ardcd to the inltla~g dcl~rtrnent. Af~ ,,ti
proposals ar~ cvalu:ttcd, ~e rccommcnd:nion of award vdll bc posted (~'pic'~l:.' on V,'cdncsdr;' or Thursdr,.') outside the o~ces of the Purchasing
Department, p~or to the prcscn~ion of a,,vard to the Board of Count' Commissioners. Parties intcrc~cd in the status of the award process may.
con, ct the Purchasing Department at 941/774-8425 to yetiS' the official stares of each contract. Subsequcnt to award, the r,-atdee will be notified
by telcnse ora purchase order or teceipt ora contrac~ for signature.
TABULATION FOR BID #97-2'/36 POSTING DATE: Scptembcr 17, 199'/
,.~ Maintenance for Satellite Facilities"
INVITATIONS SENT TO: 53 Vendors OPENING DATE: October 05, 1997
Page I of 3
............................... ,,
I. Collie[. Count), Public Library (Main) "- a S
2. Collie[. North Branch Lro~ S ---- _ S .
' UmtCost S /~'.c' -
Unit Cost S /,o~ - $
To=lCost S' D~//~e -- - S- S __---- S. .
4. M~rco Sheriff Substation $ .... S .
u.~cost s /Fr-- s
Total Cost S .'~//~ -- S- S' ~ ~ ~ S =
5. Collier. County Dev. Services Cir. S ,5'.,~X- - _ S 5 ~---- S ,
Unit Cost 5' ~ ~ m S. _
To~l Cost S ~ .3~ - 5-
6. E.~ Naples Branch L~rary
Unit Cost S / ~ - ~_ S ~---- S -
?. Golden Gate Emer. Serv. Cir.
~.i, co~ , s /--- . ~. s -ZZ s
Total¢ost 5 ~, Su'~ - .
8. Iznmokalee AD'. Bldg.
Unit Cost S J",~ f"-- .... S $ S ..
s~ s' s' :ZZ s _
Total Cost
9. North Naples Emer. Serv. Cir.
Unit Cost $' ~ ~ ~ S ..
Total Cost S- ..~ ¢O ~ -- .
I0. hnmokalee Emerg. Serv. Cir. Cnhse
Unit Cost . $ ~S~- $ S -
To.~Cost s- '~,~oo -. } s _-=- s
l 1. Harbor Road (sites 2 sreas)
U~Cost S / 7~- S S .
To=~co~ s .p,~- ~ Ss' s =2= s .
12. Gold~ Gste Estates Ll'bra~
Unit Cost S .~ ~ - S S .
~o~co~ s ~oo- } s' =:: s ,.
U~t Co~ S ~./~o-- S' ~--~ S .
Total Cost
14. Nor~Napl~sLibr~yNatureAreas S ~ 71"-- $ S
Unit Cost ~ S ~ -- -- S
To~C~st
Unit Cost
Total Cost
TABULATION FOK BID #97-2736 POSTING DATE: September 17, 1997
'Grounds ~I:tlntenance {'or Satellite Fncilities"
INVITATIONS SENT TO: 5.~ Vendors OPENI~rG DATE: October 05, 1997
P-~ge 2 0{'3
16. Rosem~ Ceme~.-ry
Unit Cost
Tonl Cost
17. L, nmo -J.'~lee Emer. Cu'. Renr Field
Unit Cost
Total Cost
I S. OCPM Tra~er
Unit Cost
Total Cost
19. EMS Orangcu.ee
Unit Cost
Total Cost
20. Van Burea~ Vacant Lot
Unit Cost
Total Cost
21. Roberts Ranch
Unit Cost
Total Cost
22. ltra~okale-. L~rary
Unit Cost
Total Cost
23. Lrnmo 'kale.' Health Se,.'v.
Unit Cost
Total Cost
24. lmmokale-. Health Re~ Land
Unit Cost
Total Cost
ADDITION TO CONTRACT;
a. Landscape Maintenance
Monthly p/sq. ~
b. Cost of all landscape materials,
including but not l~n~t to trees,
shrubs, bushes, plants and mulch
Current number of employe~
Number of employees to be hired if
awarded ccnu-act
S /;~ - S S S
S /o-vo ' S S ': S ' '~
S
S
$
s
S /~'~0 '--
. TABULATION FOR BtD//97.2736 POSTING DATE: September 17, 1097
' "Grounds Malnten~nce tot Satellite Facilities"
INVITATIONS SENT TO: 53 Vendors OPENING DATE: October OS, 1997
Page 3 et'3
· I
I I
WITN'ESS:
.: .~ Prompt Pq'ment Terms:
~ ~' ~. Addenda AcL~owled~ed:
Claire Oss, PttrchnsLn~ Tec~ician
"No Bids" received from:
AWARD pROCEDURE: Copies o£all Proposals and Tabulations for this bid have been forwarded to the iflitlatinj dep~rtment. After all
Foposals a~e evaluated, the recommendation of awanl ss'ill be posted (rt.-pie:ally on Wednesday or Thursd~') outside the offices of the Purchuinj
Depaz~nm~, lrtiOr tO the prcsen~ion ofa~va~l to the Bonnl of Count' Commissioners. Parties imercsted in the st:~tus of the award process may.
con~ac~ thc ~ing Department at 941/'774-842:~ to veti~' the official status of each contract. Subsequent to s~s'ard, T~e awntde~ will be flotificd
by re!ease ora purchase ordc or rccclpt ot'a contracs tot sitnature.
APPROVAL OF BUDGET AMENDMENTS
BCC Agcnds of 10/21/97
Community Development (I 13)
Budget Amendment 9%S03
~zqm~ctor Ucens~
was hither than anticipated because of an Increase tn case workload. The forecast budget
~.,e.-~_~_~.."~,,.~._-! I~__d_,_ , , , ,,
· :" ;- ~: ,-:. Special Events (193) ' '
"- ~- Budget Amendment 98-009
Total
$60,450
f$60.4~0~
The ~$et ,___mend_me_ nt was nFpmvcd at the end of FY 97, but did not mil fors,:nrd b~to FY ~8.
AGENDA ITEM .'~1
OcT 2 1 1997, ..,
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
OCTOBER 21, 1997
FOR BOARD ACTION:
1. ~atisfaction of Lierl: NEED MOTION authorizing the Chairman to sign Satisfaction of
Lien for Services of the Public Defender for Case Nos.: 89.1624-IT, 89-1622-IT, 94-
4739-MMA, 93-003 I-CFA, 94-160?-CFA, 88-0316-CFA, 85-2330-TMC, 95-4162-
MMA, 94.1757-CFA, 97-0721-MMA, 97-1957-MMA, 97-1666-MMA, 97-1094-MMA,
97.6361-MMA, 93-4555-MMA, 97-0726-MMA, 97-6360-MMA, 96-$752-MMA, 97-
6415-MMA, 96-9293-MMA, 95-524-CFA, 95-0524-CFA, 95-1997-CFA, 96-9349-
MMA, 96-0454-MMA, 96-6940-MMA, 96-8858-MMA, 96-5877-MMA, 97-4541-
MMA, 97-6335-MMA, 97-2805-MMA, 96-9329-MMA, 93-1549-MI, 97-5230-MMA,
.97-0692-MMA, 97-4072-MMA, 97-1907-MMA, 96-0298-MMA, 89-0634-MMA, 94-
5886-MMA, 94-5585-MMA, 97-0234-MMA, 96-0795-MMA, 97-2036-MMA, 97-0940-
MMA, 97-6239-MMA, 97-1197-MMA, 96-I 545-MMA.
2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WI'IH ACTION AS DIRECTED:
Minutes:
A. Environmental Advisory Board - agenda of October 1, 1997 and minutes of
September 3, 1997. Referred to BCC.
B. Technical Advisory Committee & Citizens Advisory Committee - agenda of
September 24, 1997 and minutes of August 6, 1997. Referred to BCC.
C. Historical & Archaeological Preservation Board - agenda of September 12, 1997.
Referred to BCC.
D. Parks & Recreation Advisory Board - agenda of September 24, 1997 and minutes
of August 27, 1997. Referred to BCC.
Marco Island Beach Renourishment Advisory Committee - agenda for October 1,
~~:~~:i': E. 1997 and minutes of September 10, 1997. Referred to BCC.
I?~ F. Hispanic Affairs Advisory Board - minutes ofMarch 6 and 13, 1997. Referred to
O. Pelican Bay MSTBU Advisory Committee -..a~g~enda of October 1, 1997 and
~r.~' minutes of September 3, 1997. Referred to I~C;. .
['ii~?:: H. Planning Commission- agenda of October 2, 1997 and mm ~t~ ~,~~ 7i~H
e 1997. Referred to BCC. No._ } !,'. c'-~,
., OCT .2 1 1997
pg._ I
Ce~ification ofthe Lands in Collier County lyi~ wifl~n the ~ or,he
South Florida Water Management District Copie~ of Resolutim
certi~ ~ L~.vy for ~ So~ ~ W~'r
"Adopfin~ hhe Tax Rate~ and Big C'ypr~ Basin" and #97-54, "Adoption of the
Mar~ement Distric~ and the
- Budget for Fiscal Year 1997-98".
B.:' North Naple~ Fire Comrol & Re~cue Dimict- ~ milla~ r~ for
fo~ f~ year 1997-9S and final bu/Set ~ by ~h~ Board of F~
Co~m~oner~ for fiscal year 1997-95. Referred to BCC.
_EXRC'uT'rvR Sm410.R!
s ,0 ,000-00 .............................
~ To gain Board of county Commissioners approval of the three year COPS
U~IV~RSAL Hiring Supplemental Grant award.
~ c~ft ~iented Policing S~ ~t fs a -su~le~nt o~
o~ce ~ _ ~[~__ ,~ ~n~ ~ cops
additio~l f~ng =0 c~u ~vro ~
~ Feb~ 14, 1995 a~ ~sU 15, 1995, Cbs B~rd ol C~ty C~tSsi~rs a~r~ed
.............. an= and COPS ~~ a~l~n=al ~ an~
~horized ~ increase zn t~e nu~r o= ~u~=k~
ofiicer positions to support the c~ity pozlczng
~ .ay ~8, I,,S ,he Uni~e~ S=ates Depar=~en~
- - ' -- 10 1996, =he UniUed SUaUes ~par=menU of jus=ice a~r~ed =he Collier
Sheriff's Office COPS ~ grant application.
~ OC=O~r , 'n rant a lica~ion.
~.~v theriff'a Office COPS ~I~~ Hir~ g g PP
e 10, 1997, the Boar9 o~ co~cy ~~A~ ~=orsal '98 Hirinq ~am-
~ ~ .............. ~ions fr~ ~he
-- ........ -., C~iSstoners needs to officially_accep~
Hiring Su~le~en=al Award by signing =he award do~en=.
OPS osi~iona are included in =he F/Y 1998 ~dge=. ~e 1998
FISC~ ~ACTs All C , P . , ...... . ..4~
o~ion oE =~e COPS ~y~ ~%~"~~'~ (~"s
1997/98 $)77,100 $0
1998/99 $297,900 $ 9S, 100
All s~se~ent ~ear f~ding will ~ indicated as a par= of the Sheriff's O~fice
a~ual ~dget s~issio-s.
~c~AT~ON~ ~ che Board of C~ty C~iSsioners exe~te t~e ~PS
Hiring Supplemental Award ~95C~0265.
~~'Y: ~riff
AGEI'.OA IT~\
po..-.-L~
U. S. Department of Justice
COPS Umversal Hlnng Supplemental Award
Application Organization's Name:
Grant #:
Ogl #:
Vendor #:
Law Enforcement Executive Name:
~ddre~:
City. State. Zip Code:
Tetephone:
Fax:
Government Executive Name:
Address:
City. State. Zip Code:
Telephone:
lax:
Award Start Date: April i, 1995
Sul~plemental Award Start Date: August I, 1997
Previous Award Amount: SI,350,000
Supplemental Award Amount: $675,000
Total Award Amount: S2,025,000
Date
A~ u to form
Amtftaat ~ount7 At~aey
Collier County Sheriffs Dcpartment
95CCWX0265
FL01 I00
596OOO561
Sh,~ff Don Hunter
3301 Tamiami Trail East
Building J, Goverrunent Complex
Naples, FL 34112
(94 !) 793-9203
(941) 793-9333
Chairman T'u~ Hancock
3301 Tarniami Trail East
Naples, FL 34112
(941) 774-8391
(94 I) 774-3602
Previous Award End Date: August 31, 1999
Revt~ed Award End Date: July 3 I. 2000
Previous Number of Officers: Full Time: I$
Part Time: 0
Supplement to Number of Officefl:
Total Number of Offieen:
Full Time: 9
Part Time: 0
Full Time: 27
Part Times 0
, ~e signatory is agreein~
to abide by the Condkio~s of Grant Awrd found on
reverse si~e oftl~s document:
Signature ofOfflchl w~th the mthofity to accept this grant award.
Timothy t.. Hancock, C~aiL'man Collier County
Typed Name and Title of Official Cc~£ssion
Date
OCT 2 1