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Backup Documents 11/04/1997 R November 4, 1997 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 4, 1997 9:00 A.M. NOTICE: ALL PE:RS<BS 1fIS~ TO SPEAK ON ANY AGENDA ITFX MUST REGISTKR PRIOR TO S~. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARB NOT ON THIS AGENDA !lUST BE SUl::KI'l'TED IN WlUTID:; WITH EXPLANATION TO THE COUNTY AIKINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE BEARD UNDER · PUBLIC PETITIONS·. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NKED A RECORD OF THE PROCEBDI:JK;S PERTA.INING 'l'HER.B'TO, AND THERRFORE MAY NEED TO BIIIStJ.RE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TES'l'DÐNY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED . ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINtn'ES UNLESS PERMISSION FOR ADDITIONAL TIJŒ IS GRANTED BY THE CHAIRMAN. ASSISTED LI~ DEVICES FOR THE HFARING IMPAIRED ARE AVAILABLE IN THE COUNTY caønSSIœERS' OFFICE. LUNCH RECESS SCHEIXJLED FOR 12: 00 NOON TO 1: 00 P. M. 1. INVOCATION - Senior Pastor Michael Valentine (Gulf Shore Community Church) 2. PLEDGE OF ALLEGIANCE 3 . APPROVAL OF AGF..NDA AND CONSENT AGENDA Approved and/or adopted w/cba..',,:'ges 5/0 4. APPROVAL OF MINUTES October 14, 1997 - Regular Meeting Approved as Presented 5/0 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS ".,- 1) proclamation proclaiming November 3-9, Protective Services Appr8ciation Week. Representative Burt Saunders. Adopted 5/0 1997 as Collier County To be accepted by Page 1 "...,....;¡.,,\t'" ,"..,.._.."...,.."~"~,...,",.._,---_......,...~"..'-''''''''-_.,..",--",,,,-~",~..,"~".,,,,-.,,,",,",,,,-,~,,,,,,,,,-.-.,-.-~",,.. ,.~,,,-,...._,,----_...,-,,,-,,,,,,. November 4, 1997 2) 3> 4) 5) Proclamation proclaiming Sunday, November 16, 1997 as Guadalupe Center Day. To be accepted by Jack Mangan, Board member and Sister Judy Dohner, Executive Director. Adopted 5/0 Proclamation proclaiming November 2-8, 1997 as Youth Appreciation Week. To be accepted by Gerald Neff, Sunset Optimist Club representative. Ado~t~ 5/0 Proclamation proclaiming the month of November, 1997 as Diabetes Awareness Month. To be accepted by Roger Munz, President of the Diabetes Foundation, and Diane Bennett, Executive Director of the Diabetes Foundation. a,k~ted 5/0 Proclamation proclaiming the month of November, 1997 as Adoption Awareness Month. To be accepted by Kathy Stick of F1 Dept. of Children & Families. Adopted 5/0 6) Proclamation honoring and accepted by World War I veterans Bernard Hickey and Francis Vasseur. Adopted 5/0 B. SERVICE A~5%RDS C. PRESENTATIONS 1) Recommendation to recognize Anna Rubin, Library Department, Public Services Division, as Employee of the Month for November, 1997. Presented 6. APFROVALOF CLF~K'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY A/m~INI~~R'S REPORT A. ~TY DEVELOPMENT & ENVIR~AL ?E~'V'iCES 1) Recommendation to adopt a Resolution establishing general requirements and procedures for amending the Collier County Growth Management Plan. Res. 97-431 Adopted w/ change 5/0 Page 2 2) 3) Bo Do 2) Eo 2) Nov~m~r 4, ] 997 Authorization for the Chairman to sign letters of concurrence with the Everglades City Regional Sewer Project indicating its consistency with the Growth Management Plan. Approved 5/0 Staff review and recommendations relative to Ordinance 92-31, as amended, (Livingston Road Country Club PUD) which has not co.u%menced construction as defined in Section 2.7.3.4 of the Collier County Land Development Code. Res. 97-432 w/ a 2 yr. extension 5/0 PUBLIC WORKS PUBLIC SERVICES Approval of an Interlocal Agreement between the City of Naples and Collier County authorizing resident beach parking without the payment of parking meter revenues Approved 4/0 (Coum~. Norris out) Approval of Purchasing Productivity Implementation Plan (Cont. From 10/28/97) Approved w/ cb~ge 5/0 Discussion regarding request from Isles of Capri Advisory Board (continued from 10/28/97) Staff directed to work on two-phase approach re Emergency Service contract - Consensus Approve funding Everglades National Park 50th Anniversary Rededication $148,800, Marco Island Sports Festival $160,000, and Marco Island Film Festival $295,000 Tourist Development Special Events Funds. Fun~ng for Everglades National Park in the amt. of $148,800 Approved 5/0; fun~4ng for Marco Island Sports Festival in the amt. of $55,000 aF~roved 4/1 (Co~ssioner Be~'~y opposed); funding for Marco Island Film Festival in the amt. of $75,000 Approved 3/2 (Co---issioners Constantine and Mac'Kie opposed). Direct County Attorney to amend Ordinance 92-60 to permit Nature Centers as an authorized Tourist Development Fund use as permitted by Florida Statute. Motion for direction to County Attorney failed 2/3 (Commaissioners Constantine, Mac'Kie and Be~'~y opposed). Page 3 November 4, 1997 3) Approve funding beach maintenance activities for $481,300 Tourist Development Beach Renourishment Category. Approved 5/0 F. AIRPORT AUTHORITY COUNTY A~PORNEY'S REPORT A. Recommendation that the Board consider and approve settlement of Stringer v. Board of County Commissioners of Collier County, Florida, et al., Case No. 97-178-CIV-FTM-23D, pendi~g in the United States District Court for the Middle District of Florida. Continued to 11/18/97 - 5/0 B0 Board consideration for approval of a revised draft Memorandum of Understanding - Environmental Impact Statement (EIS) Southwest Florida, between the Army Corps of Engineers, Collier County and Lee County. (Tabled from the October 28, 1997 meeting) Motion to Untable - 5/0 Chairman to write a letter to Federal Legislators inquiring authority of Corps; Chairman to write to Corps inform4ng that the BCC has no position on the EIS at this time but will be better able to respond after ~lnansweredquestiones are addressed. 4/1 (Commissioner Mac'Kie opposed). C. Report to the Board regarding Tourist Development Council Municipality Representation / City of Marco Island. Presented Recommendation to consider and approve settlement of Moore V. Collier County, Case No. 96-247-CIV-FPM-25D, pending in ~he United States District Court for the Middle District of Florida. Settlement Approved 4/1 (Cou=n. Norris opposed) 10. BOARD OF COUNTY ~SSIONgRS ao Recommendation concerning advisory committees. (Commissioner Norris) Co~. Norris to work w/ County Attorney re Advisory Board guidelines to be presented at future BCC meeting Recommendation to declare vacancy on three Advisory Committees Approved 5/0 11. ~ CONSTITUTIONAL OFFICERS Page 4 November 4, 1997 Approval of Court Administration Expenses Approved 5/0 P~IBLIC COMMENT ON GENERAL TOPICS 1. Ty Agostin re County Government spending 2. Gil Erlichman re Army Corp of Engineers PUBLIC HEARINGSWILLBEHF2%RD IMMAN3IATELYFOI/XNFING STAFF ITE~tq 12. ~SEDPUBLICHEARINGS - BCC A. C(~PREHENSIVEPLANAME~H~TS B. ZONING~$ 1) Petition PUD-97-9, John Po 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 strategy consisting of 28 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 immediately contiguous to the property known as Naples National Golf and Country Club in Sec. 10, T50S, R26E. (Continued from the meeting of 10/21/97) Ord. 97-69 Adopted w/ stip. 5/0 C. OTHER 13. BOARD OF ZCH~IR]G APPEAL~ A. AIIgl~TISED PUBLIC PIEARlq~GS B. OT~ER 14. STAFF' S COMMUNI~TI~S 15. BOAR/) OF ~ C(]~ISSI~' CO~9~JNICATIONS A. Comm. Mac'Kie re Ethics Committee - To be discussed at the meeting of 11/18/97 B. Comm. Constantine re GMP amendments C. Comm. Constantine re Web Page 16. £ONSENTAGENI%~ - All matters listed under this item are considered Page 5 2) 3) Bo 4) 5) 6) November 4, 1997 to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a m~mher of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or adopted w/ changes - 5/0 COg~UONITY D~5/ELO~ & ENVIR~AL SERVICES Approval of Contract GWi57 with the Florida Department of Environmental Protection (FDEP) to participate in a ground water quality monitoring effort. w/ FDEP funding in an amount not to exceed $3,000.00 Convey to the City of Naples water utility facilities installed in Unit Six of Grey Oaks Subdivision, which facilities were conveyed to the County by mistake. Waiver of road impact fees, library system impact fees, parks and recreational facility impact fees, emergency medical services system impact fees, water system impact fees, sewer' system impact fees and educational facility system impact fees for thirteen (13) single family houses to be built by Im~okaiee Habitat for Humanity, Inc., in Naples Manor Lakes and to fund said waivers from Affordable Housing Trust Fund, Fund 191. Res. 97-417 through 97-429 PUBLIC WORKS Adopt Resolution concerning an effluent system for the Marco Water and Sewer District, Phase Ii. Res. 97-430/M~S-97-4 This item has been deleted. Recommendation to approve a Lease Agreement for the improvement, operation and maintenance of public and private parking on County property under the Goodland Bridge. Award a construction contract to Gulf States, inc. for a Redundant Telemetry System, Bid ~Jo. 97-2734, Project No. 70124. In the amount of $297,570.00 Approve final funding for construction of a Residential Noise Abatement Wall System as part of Vanderbilt Beach Road Change Order No. 8 with APAC-Florida, Inc., CIE Project No. 023. In the amount of $46,500.00 w/ stips. Award the Annual Bid 97-2735: Roadway Paint, Thermoplastic Markings, and Raised Pavement Markers. Page 6 7) Ce 1) 2) Eo November 4, 1997 Awarded to various firms listed in the Executive S,~ Approve additional engineering and related surveying work necessary to continue the environmental permitting of the Lely Area Stormwater Improvement Project (Project No. 31101). Ad--No. 3 w/ Law Engineerin~ and Environmental Services, Inc. in t]~e a~ount of $95,975.00 w/ corresponding increase to P.O. 100081 an~Work Order No. ~M-98-01 w/ ~B&P in the amount of $37,240.00 PUBLIC SERVICES SUPPORT SERVICES This item has been deleted. Authorization to execute Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida Recommendation that the Board of County Commissioners authorize the procurement of engineering services for the implementation phase of the Clam Bay Restoration and Management Plan and authorize an increase in rates for Wilson, Miller, Barton & Peek w/ stips.; Engineering services awarded to firms listed in the Executive Summary BOARD OF COUNTY C(I~f[SSIONKRS MI SCULl ~EOUS CORRESPONDENCE OTHER CONSTITUTIONAL OFFICERS Approve Sheriff's Office award for expenditures at the Immokalee Jail Center related to the acquisition of equipment and approve the budget amendment. COUNTY A~'~ORNEY AIRPORT AUTHORITY Recommendation to approve the attached budget amendments which increase reserves for debt service and grant revenues. 2) Approval of Airport Authority Capital Fund Budget Amendments. Page 7 November 4, 1997 17. ADJOURN INQUIRIES CONC~F]~ ~ ~0 T~E BOARD'S AGENDA SlqOULD BE MADE TO '~ ~ AI~IINI~~R'S OFFICE AT 774-8383. Page 8 PROCLAMATION WHEREAS, the problems of crime and safety touch all segments of our society and can undermine and erode the moral and economic s~ength~ of our commultities; and we are fortunate that individuals from protective services agencies in Collier Court ,ty dedicate thetr~el-¢es to preserving law and order and public sa/et'y; and W'/'IEREAS, we recognize that the men and women in protective services risk their lives daily to protect our citizens and maintain social order; and WHEREAS, it is appropriate to encourage the residents of Collier County to pay tribute to their protective services agencies, and I&tIi'EREAS, the administrators of Collier County's public service agencies wish to recognize and honor the members of their agencies for their dedication and service to the community. ,z * -*.~ "~'f"/'~ ': ....s .. . ,.~; ~- ' NOW Tm na roea , be it gt, Cotmty Commissioner, of Comer County, · ?,.' ?..~(-, ..,' ,. ...... . , Honda, ~ ~);~ of November 3-9, 1997, be designated as "~!~unty Protective Services AppreCiation Week" and,.~[~l!~Sidents Of Collier County are hereby encouraged to honor the men and wo~ tn p~r, otective services, and, further, are encouraged to always assist them by · : '!g~' ~,..~.~, ~. BOARD OF COUNTY COMMISSIONERS ~, ,.,.~/,,, ~ :~ :.,,, COLLIER C~UN~, FLORIDA TIM(~HY/~A~ii, AICP, CHAIRMAN -- K, CLERK .PR OCLAMet TION WHEREAS, the migrant and rural poor residents of Immokalee in Collier County, because of the seasonal and transitory nature of their agricultural employment were in frequent need of emergency services, i.e., food, clothing, shelter and comfort; and WHEREAS, Guadalupe Center wa~ established fifteen years ago to freely provide such services to anyone in need; and WHEREAS, to this day Guadalupe Center continues to provide those emergency services and others, i.e,, after-school tutoring for migrant and other children, literacy training for adults, back-to-school shoes, and Christmas toys to the poor of Immokalee; and WHEREAS, to better serve the children of the working poor of lmmokalee, Guadalupe Center is inaugurating this year a new Family Education Center to provide day care and instruction for babies and very young children to parents who need such help because they must work and also to provide parenting and job skills training for those parents; and WHEREAS, ceremonies c~lebrattng the. de. diction oft.hz Ouadalupe Center for Family Education.:.~..~ { tallz plac¢ on November 16, 1997 in the newly remodeled facility the C~~lt!t in lmmokalee; and ' ~ .. '.~'.~/ : : WHEREAS, tn~~'eremont~wilI, ~ ~? . · . ~ also .... ~:elebrate tl~e~t'yea~ o~service which ~~'Center ~'given to the ,ornmunity of lmmo~lee. NO W . ? the Boa?d of County Com~ni$iiO~).s of Collier that Sunday, November I6, J~997 b' clt*ignated as ~ GUADALUPE CENTER DA Y : ':~' invitation to tI~e p¢~ople of Collier Co~ Io attend the dedication lhe Guadaiupe Center for Family Ea~c. atiol~ at 505 Hope Circle on 2:00 and 4:00p. m. 7 · .. DONE A ND ORDERED TtlI$ 4th Day of No vemb~r, ']997. ~.~, b~Gf E. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PROCLA~ATIO~ WI{~REAS, the vast majority of youth are concerned, knowledgeable and responsible citizens; and the accomplishments and achievements of these young citizens deserve the recognition and praise of their elders; and Optimist International has, since 1954, developed and promoted a program entitled Youth Appreciation Week; and W~P~kS, the citize~5OfjNaples~.:~<6rXda have indicated a desire to join.~=~%~%ln.s%t~Optfm~sg~!~i~.,~eXpressing appreciation and aX~.rj.~..al:of"'the contrlbUt~'~ of.our youth. "%0~ APPRECIATION WEEK" DON~ AND ATTEST: 4TH Day of November, 1997. '~ B~RD 0P'.CO~ COMMISSIONERS ~' ?,COLL~ER. COUI~y, FLORID~ TIMOTHY/~.~INCO~R~AICP,CHAIRM/~d~ DPtl~GH~ E7 BROCk,' CL-E~K~..~ PROCLAMATION diabetes is a chronic, life threatening auto-immune disease that affects approximately 16 million people in the United States; and WHEREAS, there are an estimated 22,000 people residing in Collier County that have diabetes; and the Diabetes Foundation is a non-profit service and educational organization created in ].992 to meet community needs by providing awareness, ongoing education, support and agency referral for persons diagnosed with a~fecte~ y,.or at high risk for diabetes; WHEREAS, the do e NOW THEREF, Founda~i0~" i eqUitiES, ~.und raisi~g'~iev~/ies, and volunteer thg~&j ihaividuals who'~ ar~::aedicated to cu~.. fbr .this: 2i~$ase. the Board of'.~County Collier=CoUnty, F10~idl.~ that DONE AND ORDERED ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I OTH/L.~43~NC0~K,AICP, CHAIRMAN DWI ~ R 0 C LAMA T I 0}~ WHEREAS, all children need love, support, security and a place to call home; and WHEREAS, families are the strength and cornerstone of the nation and the State of Florida, adoption has long been recognized as a way to provide permanent loving families for children who are unable to grow up with their family of origin; and children waiting for adoptive parents, and families who have adopted children require and deserve community support. It is fitting that we in Collier County pay tribute to those whyse lives have been touched by the ,. adoption exp..~ri~hce..~nd'~fo~us attention on those childrer Ui~r~'~ ?~ut~. their future await ing NOW ~] procl~d'by, the SOa~d'Of., Cou j? ...{, / :. .,.< ::: · .~ nty C~ )ner~ o17~llier'Co~ty,'. Plot fda, that thi" ~nt'; urge all...:~ople of this to celebrate adoption and tempter the chi :e~anent. ~amiii~'.,'tO'ne~p the~ deve] ,?t~spOnsibl~ and productive adults. DO~ ~ 0~ ~IS 4TH'Day. Of.N~e~er, 1997. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUN/~y, FLORIDA COCK, AICP, CHA~MA~ DWI( WHEREAS, WHEREAS, NOW ~ veteram DONE AND ORDEILED THIS 4th. PROCLAMATION November 11, 1997 ts a day set azide to recognize and honor the contributions of our country's veterans; and the Unlted $lates entered World War I on April 6, 1917 through Armistice Day on November I1, 1918; and the participation of United States Forces in the European Theater of Operations wa~ in. rtrumental in the success of Allied Forces; ami the World War 1 goal of defendfngfreedom in Europe exemplifies the purpose and tradition of all United States Armed Forces; and those American ~oldiers who fought for our nation during the "Great ~ar " serve to r special recognition; and we r of all of our 'ion's freedom. of Collier great serving Vasseur honored on behalf C thls community's tls nation great. .. 1997. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA MOTH~L. HANCOCK, AICP, CHAIRMAN BROCK, CLERK RESOLUTION 97- A RESOLUTION ESTABLISHING GENERAL REQUIREMENTS AND PROCEDURES FOR AMENDING THE COLLIER COUNTY GROWTH MANAGEMENT PLAN. WHEREAS, Chapter 163, Flodda Statutes, requires local governments to prepare and adopt a Comprehensive Plan; and WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 (Section 163.3161, et seq., Flodda Statutes (1995)) mandates certain procedures to amend adopted Growth Management Plans (Section 163.3184 and Section 163.3187, Flodda Statutes); and Rule 9J-11; and WHEREAS, the Board of County Commissioners has established a policy to ublize an annual cycle for Growth Management Plan Amendments (Collier County Resolution 91-521, adopted August ~13, 1991); and WHEREAS, the Department of Community Affairs has informed Collier County that the addition of future fiscal years projects to the Capital Improvements Element of the Growth Management Plan must be accomplished through the Plan amendment process as defined by Sections 163.3184 and 163.3187, Flodda Statutes; and WHEREAS, certain capital improvement projects from the Growth Management Plan are included in the County's Tentative Annual Budget on a yeady basis; and WHEREAS, for purposes of c. onvenience and expediency it is necessary to amend the Capital Improvements Element and the schedule of projects in the Element in conjuno'don with the adoption of the County's Tentative Annual Budget for each new fiscal year; and WHEREAS, in order to provide adequate notice, it is necessary to set [orth the requirements and procedures to be followed by petitioners, the general public and Collier County in processing amendments to the Collier County Growth Management Plan consistent with the requirements of the Flodda Statutes. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The following requirements and procedures shall be followed before an amendment to the Collier County Growth Management Plan shall occur: Resolution, Amending Growffi Management Plan Procedures The general requirements to initiate an amendment to the Collier County Growth Management Plan or one of its elements are as follows: An amendment may be proposed by the Board of County Commissioners (BCC), the Collier County Planning Commission (CCPC) designated as the Local Planning Agency pursuant to Section 163.3174, Flodda Statutes, any department or agency of the County, or any person other than those listed above provided. however, that no such person shall propose an amendment for a land use designation change for property which he or she does not own, except as an agent or attorney for the owner. The procedures provided herein shall apply to all Growth Management Plan amendments, Amendments beyond the yeady plan amendment cycle may be established by the Board of County Commissioners and shall comply with the procedures established herein. In addition, the use of a second yeady plan amendment as prescribed in Subsection 163.3187(1), Flodda Statutes shall follow this procedure except for filing dates and public hearing dates for final adoption. Growth Management Plan amendments directly related to proposed small scale development activities or Developments of Regional Impact (gRIs) may be approved W~thout regard to statutory limits on the frequency of procedures for the consideration of amendments to the Growth Management Plan provided all of the conditions are met as set forth in Subsection 163.3187 (1)(c), Florida Statutes, (1995). All Growth Management Plan amendments will be reviewed in one cycle starting on the fourth Fdday in April, annually. Proposed amendments submitted after that date will not be considered until the following review cycle. The Amendment Process including staff review, State and Regional review and local public, hearings will take approximately 10 months to complete. All required copies of the application to amend the Collier County Growth Management Plan and supporting documentation along with the required filing fee for each requested change and/or amendment must be submitted to the Community Development and Environmental Services Division pdor to 5:00 p.m. of the fourth Fdday in March. For each application to amend the Collier County Growth Management Plan or Future Land Use Map, a minimum filing fee of $3,000 for each requested change plus a fee of $30 per acre for each affected acre in the application must be submitted. For Small Scale Development Activities, a filing fee of $1,500 shall be submitted. The term "staff" shall refer to the staff of the Community Development and Environmental Services Division and any other pertinent County staff from other Divisions. The procedure to amend the Collier County Growth Management Plan or one of its elements is as follows: A pre-application conference shall occur between the petitioner, the Community Development and Environmental Services Division and other appropriate County staff to ensure that the procedure set out herein is understood and adhered to. Staff shall perform an initial review of the proposed amendment application to determine whether additional information is necessary to enable staff to conduct a formal review and whether other amendments of the Growth Management Plan will be necessary to preserve the internal consistency of the Plan. Within 30 calendar days following the filing deadline, the staff shall notify the petitioner in writing, that: (a) the staff has determined that the petition is adequate for formal review; or Resolution Amending Growth Management Plan Procedures 10. (b) the petition is inadequate for formal review and the notme shall set forth in detail the additional information deemed necessary for formal review of the petition. If the application is deemed insuffiCient, the petitioner shall have 30 calendar days from the date of receipt of staff's letter of insufficiency to supplement the application in response to the initial review. ~,. second 30 day time pedod, to respond to insufficiancy, may be requested by the petitioner. County staff shall review the application and may consult wdh olher County Departments or agenc_.Jes as it deems necessary to evaluate the proposed amendment and shall prepare a report wilh a preliminary recommendation. The Collier County Planning Commission (CCPC), designated as the Local Planning Agency, shall hold an advertised public headng W~th due public notice as defined by Section 163.3174. FIodda Statutes, during which staff will present their review and make a preliminar,! recommendation to the CCPC. All interested parties may appear and be heard. Wdtten comments of the general public filed with the Community Development and Environmental Services Division will be considered at the public headng. Following the CCPC public headng, the proposed amendment shall be forwarded to the BCC with the recommendation of the CCPC. After the CCPC public hearing on such amendments have been held, the BCC shall hold an advertised public headng on the proposed amendment during which the staff review and preliminary recommendation and any recommendation made by the CCPC shall be presented. The public hearing shall be held on a weekday approximately 7 days after the first advertisement is published. The intention of the BCC to hold and advertise a second public headng to consider the adoption of the proposed amendment shall be announced. All interested parties may appear and be heard. Written comments filed with the Community Development and Environmental Services Division will be considered at the public hearing. Following the BCC public headng, the BCC will transmit the appropriate number of copies of the proposed amendment to the Department of Community Affairs within ten (10) working days~ Upon receipt of the proposed Growth Management Plan amendment, the Department of Community Affairs, the Regional Planning Council and other government agencies will review the amendment pursuant to Section 163.3184, Flodda Statutes. The Department of Community Affairs shall transmit in writing its comments to the local government along with any objections and any recommendations for modifications. Within 60 days of receipt of the review comments from the Department of Community Affairs, the CCPC shall hold a public heanng to make recommendations to the BCC regarding the adoption of the amendment. The BCC shall hold its second public headng regarding the proposed amendments dudng which the final staff review and recommendation, CCPC recommendation, State and Regional review comments and public comment will be presented. The public headng shall be held on a weekday approximately 5 days after the advertisement is published. The BCC shall then adopt. adopt with modifications or deny the proposed amendments. Adoption of an amendment to the Growth Management Plan must be by Ordinance and shall require four affirTnative votes of the Board of County. Commissioners. The adopted amendments to the Growth Management Plan will be transmitted to the Department of Community Affairs within ten (10) 8 A 1 working days after adoption. Adopted plan amendments, except for Small Scale Amendments, shall not become effective until the Department of Community Affairs issues a final order determining the adopted amendment to be "in compliance", or until the Administration Commission issues a final order determining the adopted amendment to be in compliance in aCCOrdance with Subsection 163.3184(10), Flodda Statutes. The Department's notice of intent to find an amendment in compliance shall become an issued final order determining the adopted amendment to be in compliance if no petition challenging the amendment is filed with the Department within 21 days of the date of publication of the notice of intent. Small Scale Amendments shall not become effective until 31 days after adoption. If challenged within 30 days after adoption, this Small Scale Amendment shall not become effective until the State Land Planning Agency or the Administration Commission, respectively, issues a final order determining the adopted Small Scale Development Amendment is in compliance. This Resolution supersedes and repeals Resolution 91-521 relating to pdor Growth Management Plan Amendment procedures. This Resolution shall take effect Apdl 1, 1998· THIS RESOLUTION ADOPTED after motion, second and majodty vote this /'¢'~ day of.. '~~L---" , 1997. ATTEST: DWIGHT E~ BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLL ER COUNTY, FLORIDA BY: Approved as to form and legal sufficiency: MARJORIE M STUDENT, Assistant County Attorney Resolution Amending Growth Management Plan Procedures 97 7/1 O/97 RESOLUTION 97-432 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 92-31 KNOWN AS LIVINGSTON ROAD COUNTRY CLUB PUD, EXTENDING THE CURRENT PUD APPROVAL TO JUNE 17, 1999; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Livingston Road Country Club PUD, Ordinance 92- 31 adopted on May 12, 1992, is subject to the provisions of Section 2.7.3.4., of the Land Development Code (LDC), 'Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined to extend the current PUD Zoning for two years, until June 17, 1999; and NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The above recitals are adopted herein by reference as if fully set forth herein. This Resolution shall constitute evidence of compliance with the review requirements of Section 2.7.3.4 of the LDC. Pursuant to said section of the LDC, the current PUD approval is hereby extended to November 4, 1999; at the end of which time the owner shall submit to the procedures in LDC Section 2.7.3.4. The agricultural uses and/or exemptions is hereby extended through Ncvember 4, 1999. This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. ~l- This Resolution adopted after motion, second and majority vote. Done this ~.~ day of ,~~' , 1997. ATTEST: DWIGHT E~~ BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TiMOTHY'/~. ~-t3d~ICOCK, C~AIR~ kPPROVED AS T~ FORM AND LEGAL SUFFICIENCY: ~o~ M. -)') '~' ASSIST~qT COUNTY ATTORNEY f/RB/Livingston Road Country Club -2- INTER LOCAL AGREEMENT FOR CITY-COUNTY BEACH PARKING 1 TillS AGREEMENT, made and entered into this _~ da,,' of~, 1997, bv and between the CITY OF NAPLES, a municipal corporation"~ h'-crei]'~af~cr call~" "City" and COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called "Countv",'to provide for the maintenance and operation of the beach areas ,"md related parking sites within the Gitv of Naples and to provide for the County to pay a portion of thc expenses to provide for beach maintcnan~:c and free parking for Collier County residents. WITNESSEDt: WHEREAS, the City has built and maintained the beach area and related parking sites :vithin the City: and WHEREAS, the County desires to provide for continued free parking for all County rcsidcn!s at the beach area and related parking sites within the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, thc parties hereby agree as follows: A certain number of parking spaces at each beach area and related parking site will be rescrvcd for permit parking and will not be metered. The City and the County have implemented a reciprocal beach parking program whereby all residents of Collier County may obtain, at no charge, a beach parking sticker valid for frcc parking at ant' County or City beach parking location. The City agrees to maintain a program to distribute beach parking stickers to all County residents at no ch,~rge. The County agrees to provide County bcach parking stickers at no cost to the City. The City will operate a beach patrol and maintenance program to provide for beach ,'md beach parking regulation enforcement; beach and beach parking cleanup and beach and beach parking maintenance. All expenses and revenues for the beach and beach parking program will be accounted for as separate funds of the City in accordance with generally accepted accounting principles. In return for Free parking penn/ts, regardless of the number issued to County residents, and for beach maintenance services by the City, as described in Paragraph three of this agO'cement, thc County shall remit an annual payment to thc City. The payment amount for Fiscal Year 1997-1998, bcginmng October I. 1997 and ending September 30, 1998. shall be in the amount of $220,443. For fiscal ,,'cars 1999, 2000, 2001, and 2002 thc County shall pay to thc City the amount of thc prcvious fis~'~l'vcar payment plus the amount of the annual percentage change in thc Consumer Price Indcx (CPI). CPI for purposes of this agreement shall be measured by thc 12 month change in thc unadjusted U.S. Bureau of Labor Statistics CPI for the Southeast United'States. October through September annt,allv The annual payment amount of 5;220,443 is based on an annual revenue reduction of 5;50,000 frt, m the removal of parking meters at Lowdermilk Park, with County responsible for fimding 75% o£ thc loss and CiD. responsible for 25%. The annual payment from Cc~untv may bc subject to a crcdi! based on ,an annual audit of the actual revenue reduction at Lowdermilk' Par~. County shall be credited against the following year's payment m the amount of 75% of thc revenue rcduct'~on at Lowdcrmi!k Park which is less than the $50,000 projected. No adjustment shall be made to thc annual payment amount in the event that the revenue reduction exceeds $50,000 annually ' One-half of the payment amount due shall be paid to the City not later than November I of each fiscal year. The remaining one-half shall be paid not later than May i of each fiscal ,,'ear. · OD Interlocal Agreement Page 2 7. For the term of this agreement the City agrees to provide at least 1,156 free parking spaces located at street beach ends or'City Beach Parks that will be available for vehicles of County residents with valid beach parking stickers. These spaces may be metered, restricted for permit parking or handicapped parking spaces as determined by the City but will be made equally available at no cost to City and County residents. Any adjustments made to the types of parking spaces will not be a basis for any adju,tment to the annual payment made by the County to the City under this agreement. 8. The City shall provide annual budgets and annual financial reports to thc County each year as soon as reasonable after publication. 9. This Agreement may be amended by mutual agreement of both parties in writing. This Agreement may be terminated by either party giving the other party written notice of termination, not later than April 1st of each calendar year. Failure to notify the other party in writing by that date results in thc automatic continuance of the Agreement. 10. The term of this agreement shall be for a period of five years commencing on October 1, 1997 and expiring on September 30, 2002. 11. The County agree~ to appoint a committee to study water activities and recommend capital projects, with this committee being established by March, 1998, IN WITNESS WHEREOF, the parties have set their hands and seals this ,,g/'X:z, da>, of '~~' 1997. Attest: "' DWIGHT E. BROCK?CLERK rfeputy Clerk Approved as to form and legal ~ufficiency:,.--/I ~9 ~---~ ~ , Thomas C. Palmer ' BOARD OF COUNTY COMMISSIONERS COLLIER CQMN~,FLORiDA .. ,// / Timothy Lfil'~an~ock, Chairrnan By:~ Assistant County Attorney APPROVED AS TO FORM AND LEGALITY ATTEST: Tara Norman, Cflty Clerk Kenneth B. Cuyler /~ Cit3' Attov0ey z: i 02297bea.chparking 1997 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND MARCO ISLAND FILM FESTIVAL, INC. REGARDING 1998 MARCO ISI,AND FII,M FESTIVAl, THIS AGREEMENT, is made and entered into this ~;' clay of~'~;~,~. ,1997, by and between Marco Island Film Festival, lnc,, a Florida corporalion, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter refer;ed to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WItEREAS. the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and adv~rlising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for the promotion and advertising of' thc Marco Island Film Festival, to be held on October 15-18, 1998 (the "Event"); and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED UPON TIlE MUTUAl. COVENANIS AND PREMISES PROVIDED HEREIN, AND OTttER VALUABLE CONSIDERATION. IT IS MUTUALLY AGREED AS FOLLOWS: !. SCOPE OF WORld.: In accordance wilh the Budget attached as Exhibit "A," the GRANTEE shall provide promotion and advertising of the Event. If event, include: The date(s) of the Event may hot be changed without an amendment lo this Agreement as provided in Section 17. 2. ~: The amount to paid under this Agreement shall be Seventy-Five Thousand Dollars ($75,000.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section I upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to.the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget, attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accorda~;ce with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of Couv, ty Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of' GRANTEE. Adjustment in excess often percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COU'NTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or ~enewal thereof. 4. ~: GRANTEE is requi'red to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person 2 WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. Thc GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MONTIILY REPORTS: GRANTEE shall provide to County monlhly reporls on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the [>receding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CItOICE OF VENDORS AND FAIR DEALIixlG' GRANTEE may select vendors or subcontractors to provide sen'ices as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the select/on of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under Ibis Agreement tbr unreasonable expenditures. The reasonableness of tile expenditures shall be based on industry. standards. 7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and ils agents and employees, from any and all suits and actions including attorney's fees and ali costs of litigation and judgments of any, name and description arising out of or incidental to the performance of this Agreement or Work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of lbe named GRANTEE, any subcontractor, or anyone directly or indirectly employed or auflmrized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or tile GRANTEE's limit of, or lack of, sufficient insurance protection. 8. 12t.QIiF.,f~: All notices from the COUNTY to the GRANTEE shall be in writing 'and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Maury Dailey, President Marco Island Film Festiv~.l, Inc. P.O. Box 2002 Marco Island, Florida 34146 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34 i 12 The GRANTEE and the COUNTY may change tile above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSttlP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vei~ch>r or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or cmployce of the COUNTY. I0. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY lerminales this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred'with subcontractors and vendors; by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. !I. ~~.,J~.,~LTi~J: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue 4 related to the Agreement should be recorded, and all expenditures must be incurred within tile term of this Agreement. 12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of tile COUNTY. 14. I.F.,iLM: This Agreement shall become effective on November 4, 1997 anti shall remain effective for one year. The GRANTEE shall request an extension of this term in xvriting at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one 3'car. Any fi~nds not used by GRANTEE during the term of this Agreement and any extension thereto shall he available for fitture applicants. 15. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the event identifying the success of the event, explaining how the success and quality were evaluated, report overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to the County Administrator or his designee within sixty (60) (lays of Ire date of the event. 16. ~L~_J~C)~: All promotio,al mt,st prominently list Collier County as one of the sponsors. 17. Ji.M.~~: This Agreement may literature and media advertising only be amcntlcd by m.tual agreement of the parties and after recommendation by Ire Touri'st Development Cmmcil. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIE~R COUNTY, FLOI~DA T'IMOTH~ L.'H~N~ocK, Chairman ' /!/~ l/7 wITNESSES: Prinlcd,q'yped Name GRANTEE Marco Island Film Festival, Inc. Printed/Typed Name Pr~nled/Typed Name Printed/'T'yT~d T/lie Approved as to form and legal sufficiency , ,./ Heihi F. Ashi~n '" Assistant County Attorney h:~ublickldc'~lOcMarco Island Film Festival Inc. .. 6 '4 MA~CO ISLAND FILM ~STIVAL TOURIST DEVELOPMENT FUNDS REVISED BUDGET Tourist Development Grant EXPENSES $75,000 Print Media Buys (For Industry Competition) Print Media Buys (for Fihn Aficionado Attendees) Public Relations Campaign Electronic Media Buy (Radio, Television, Interact) Celebrity Promotional Advertising ' Film Industry Marketing /Promotion Agency TOTAL $24,500 $10,000 $15,000 $ 500 $10,000 $15,000 $75,000 1997 TOURISM AGREEMENT BETWEEN COLI.,IER COUNTY AND TIlE CITY OF EVERGLADES REGARDING EVERGLADES NATIONAL PARK REDEDIC^TION THIS AGREEMENT, is made and entered into this ///day of',///,:,-,,,,,-,~-,-,~-- , t99¢ by and between The City of Everglades City, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by thc Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for a year-long advertising campaign centered around the 50~' anniversary of the dedication of the Everglades National Park; and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance with thc Budget attached as Exhibit "A," thc GRANTEE shall provide a year-long advertising campaign centered around thc 50'h anniversary of the dedication of the Everglades National Park. 2. ~: The amount to be paid under this Agreement shall be One l-tundrcd Forty-Eight Thousand Eight Hundred Dollars ($148,800.00). The GRANTEE shall bc paid in accordance with fiscal procedures of the County for expenditures incurrcd for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until thc Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the la,,,.'. GRANTEE shall be paid for its actual cost not to exceed thc total amount for various linc items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." Thc amounts applicable to the various Ii,lc items of Exhibit "A," subject to the maximu,n total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. I]~.$.].j]~l~: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of' Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL IN.I'URY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LiABILITY-Statutory The Certificate of Insurance must be delivered to thc County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. Thc GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during thc preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any rclalionship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. Thc reasonableness of the expenditures shall be based on industry standards. 7. 1.1N'DEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or thc GRANTEE's limit of, or lack of, sufficient insurance protection. 8. I2t.QIi.C,,~: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: 3 8£ 1 Sammy Hamilton, Jr., Mayor City of Everglades City P.O. Box 110 Everglades City, Florida 34139 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly scrvcd if mailed by registered or certified mail to the COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as crcating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or emp!oycc of the COUNTY. I0. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving .30 days advance written notice of such termination pursuant 1o Section 8 and specifying the effective date of termination. If the COUNTY temfinatcs this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 1 SE 1 12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books. documents, papers and financial information pertaining to work performed under this Agree- ment. GR.ANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 14. TERM: This Agreement shall become effective on November 4, 1997 and shall remain effective for one year. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one ycar. Any fimds not used by GRANTEE during the term of this Agreement and any cxtcnsion thereto shall be available for future applicants. 15. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of GRANTEE's activities, explaining how the tourism impact was evaluated and shall provide a written report to the County Administrator or his designee within sixty (60) days of the expiration of this Agreement. 16. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 17. A[XLF,,~d~2~_T~: This Agreement may only bc amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 8E I IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. · ATTEST: DWIGHT E. BROCK, Clerk ~' Signature cnl~. BOARD OF COUNTY COMMISSIONERS co~.~!~co%Tp,,~.o~j~' / T~I~I O THC. Llq'Alq ~(~C K, Chairman WITNESSES: Martha Daniels, City Clerk Pnnte&q'yped Name GRANTEE City of Everglades City ~,z.] ! .. <r Vlvlan Storey Printcd/Typcd Name Sammy ttamilt°n, Jr., Mayor Sa==y Hamilton, Jr. pmntc(L'rypcd Narr~ Mayor ~ntc~r)~dTitl¢ (corporate seal) Approved as to form and legal sufficiency ,/ .. ,--,<.,,:~, /,,ti.I/t_<.-<_& H~'i~ii ~'3~shton - ' Assistant County Attorney h:\Public¥,dcVAcCity of Everglade', City · Collier County Tourist Development Council Grant Application "8 [' BUDGET SUMMARY/MARKETING PLAN/EXtllBIT A ADVERTISING Radio Advertising Miami. Orlando, Tampa/St. Pctersburg November 3, 1997- January 30, 1998 $ 72,600 Miami, Orlando, Tampa/St. Petersburg May I, 1998. August 14, 1998 Radio Advertisement Production :30 second; :60 second spots Newspaper Advertising Miami, Orlando, Tampa/St. Pctcrsburg November 3, 1997 -January 30, 1998 Miami, Orlando, Tampa/St. Petersburg May 1, 1998 -August 14, 1998 Newspaper Advertisement Production 'A page; '/2 page Magazine(Florida JournalFLTU) Adve~ising/Editorial January1998 Aphl1998 July 1998 Magazine Advertisement Production ½ page 1 BROCHURE Brochure Design Brochure Printing (5,000) English Brochure Printing (5,000) German Brochure Postage (5,000 (4 SI.240 U.S. Brochure Postage (5,000 ~ 53.30) German WEBSITE ADDRESS Website address registration/connection TOLl, FREE PilONE Line (1-800-Preserve) Installation Professional Fulfillment/Handling (5,000 Q) $I .50 each) Professional Fulfillmentfltandling (5,000 (~ $3.30 each) CNN LINE FEED TOTAL h:Lpublic~tdcWoI.Co.TDC Counc. Grant Applic. $35,700 $1,000 $24.500 $15,000 $148,800 Memo To: Sue Filson Helene Caseltine From: Economic DevelolSment Date: Apdl 24, 1998 Re: TDC Agreement Manager Attached is a partially executed tourism agreement between Collier County and the Marco Island Y.M.C.A. regarding the 1998 Marco Island Sports Festival, which was approved by the Board on November 4, 1997 (Item #8E-1 ). Please forward this agreement to Commissioner Hancock, the presiding Chairman at the time of approval, for his signature. If you have any questions, please call me at 403-2398. Thanks so much for your help. /hc Enclosure 1997 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE MARCO ISLAND Y.M.C.A., INC. REGARDING 1998 MARCO ISLAND SPORTS FESTIVAL THIS AGREEMENT, is made and entered into this Z/ day of/f,_~~;' 1997, by and between The Marco Island Y.M.C.A., Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for the promotion and advertising of the 1998 Marco Island Sports Festival, to be held on June 5-7, 1998 (the "Event"); and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. ~: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall provide the promotion and advertising of the Event. The date(s) of the Event may not be changed without an amendment to this Agreement as provided in Section 17. 2. ~: The amount to paid under this Agreement shall be Fifty-five Thousand Dollars ($55,000.00). The GRANTEE shall be paid in accordance with fiscal procedures of thc County for expenditures incurred for the promotion and advertising expenses as described in Section I upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this AgreemenL Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." Thc amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess often percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. II~5J~,a~.F~: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300.000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Administrator or his dcsigncc within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. ~: GRANTEE shall provide to County monthly repons on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. ~: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be bascd on industry. standards. 7. ~: The GRANTEE shall hold harmless and dcfend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. 8. NONCES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Dave Rice, Sports Director The Marco Island Y.M.C.A., Inc. I01 Sandhill Street Marco Island, Florida 34145 Ali notices from the GRANTEE to the COUNTY shall be in v, xiting and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. ~: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. ~.~]~.,~I.Q~: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incun'ed, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of' the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that thc completed promotion and advertising of the event or activity were sufficient to justify the use tourist development tax funds. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAILABILITY OF RECORD,~: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 14. TERM: This Agreement shall become effective on November 4, 1997 and shall remain effective for one year. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and thc COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall bc available for future applicants. 15. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the event identifying the success of the event, explaining how the success and quality were evaluated, report overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to the County Administrator or his designee within sixty (60) days of the date of the event. 16. REOUIREDNOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 17. ~,,]~L~T~: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 8El, IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above DWIGHT B. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS By:~----__ WITNESSES: GRANTEE The Marco Island Y.M.C.A., Inc. Prin~-d/Typ~d Name PrinW~lFf yped Title ,~ (corporate seal) Approved aa to form and legal sufficiency Assiatant County Attorney h:qMblteg, deV.~The Mar..o Island YMCA Inc. i~,i Sent by: HUI ~418438331 04/23/98 12:28PM Job 936 Page 2/2 PROMOTIONS Prim Mcd~a !, Fioridn Spor~ bfaga2I~ (full page) -All Florida - 2 i~,u~, Apr:g/May 2. Florida Pau:c,Place ~ (full page) - All Florida - I issue, May 3. Florkla Running & Trl~rh/on (full page)~AIl Florida. 1 issue Total Television I. WBBH TV, April $3200, lvtay S5210, Jun~ $3225 2. WZVN TV, April $3465, ~ $6595, June $1275 3. TV 10, MaxP-~ Om, April $285, May $1655m June $575 4. Media On~ - AIl Spo~ Channel Blitz, May 16,17, 23,24 Total Other Create 1998 Logo and Theme Design and Production of Magazine Ads Design and Production of New~paper Ads Photo Pttrchase and Photo Scanning Eveat Sites Map, Dinr~r Program. Posters Design and Produaion Printiog 250 posters 2500 maps 500 Dinner Programs 250 Pos~ Party Vouchers Brochurc Dcsign and Pre-press Production and Disking/Changes Proot~ and Color Nesattves Brochure Prlmi~8 - 20,000 Promotional T Shirt I)e~gt and Production Promotional T Shirt Pt-lra. lnS Plates & Color Kcys Promotional T Shirts C~3.15 per Tot~ $3650.00 375.00 440.00 $4,465.00 $11,635.00 $11,335.00 $ 2,515,00 $ 2,000.00 $27,485.00 $1500. O0 750.00 560.00 1500.00 650.00 [ 70.00 230.00 260.00 30.00 4200,00 120.00 475.00 625.00 6600.00 450.00 260.00 4670.00 $23,050.00 John C. Norris DisU~ i l'inxXl'ry L Hancock, AICP Di~ct 2 Timothy J. Constantine District 3 P'~'ne~, S. t,4ac'Kie District 4 Barbara B. Berry District 5 3301 EaSt Tamiami Trail · Naples, Florida 34112-4977 (941) 774.8097 ,, F~x (941) 774-3602 November 7, 1997 Colonel Joe Miller Department of the Army Jacksonville District Corps of Engineers P.O. Box 4970 Jacksonville, FL 32232-0019 RE: Memorandum of Understanding - Environmental Impact Statement (EIS) Southwest Florida Dear Colonel Miller: The purpose of this letter is to advise you that while convened in regular session on Tuesday, November 4, 1997, the Board of County Commissioners considered approval of a revised draft Memorandum of Understanding - Environmental Impact Statement (ELS) Southwest Florida. between the Army Corps of Engineers, Collier County and Lee County. Although the Board of County Commissioners discussed this issue at length, we have not agreed to or rejected being r signatory on the Memorandum of Understanding (MOU). At this time, we are resubmitting the 46 questions posed by Commissioner John Albion of Lee County for a written response. I understand that some of the questions have been mswered in public forum; however, we ufill be in a better position to make a determination on whether or not to agree to be. a signatory on the MOU when we have those written answers. We are also requesting that the Army Corps respond in writing to the County citing your specific authorization to conduct the ElS study. If David Weigel, our Coun .ty Attorney, can be of any assistance to you, he can be reached at (941) 774-8400. The current consensus appears to be that we are still interested in being a participant in the scoping process through the County Administrator's Office; however, we would like to make that determination when we have received the answers to the questions. Colonel Joe Miller Page Two November 6, 1997 We are looking forward to a prompt response to the 46 questions we have provided you. If you should have any questions, please feel free to contact me. Very?.~ yours, Timo~ock,~an Commissioner, District 2 TLH:sf Enclosure CC: Board of County Commissioners David Weigel, Collier County Attorney Jim Yaeger, Lee County Attorney ,¢ When, in your opinion, is an ElS rcquire, xl under NEPA? 2. Does NEPA require aa ElS when there is "maior federfl a~ion" and a significant impact on The quality of the human envirorunem? 3 Are them a.W requirem~nl, crther than major federal ,,etlon and a signiica, nt impact on the quality of the tnuran en,,4ronment that mun be mtn before an EI$ ii required7 Do you agree that both are necessary to re4uire ~ EIS? 4. Wh~t major t'edersl action exl~t~ ,,hat compcll thc ACOE 5. lan'! a rrajor federal sc'don typically i, project that is done with federal fuming or a project that occur,s on federal land, like the cutting of timber in the Nation:,l Fores/or the funding ora major road'~y with feds. al hlghw~:! dollzrs? 6. What federal funds or federal lands ~'e being us~l t'or ~ project in Lee County that warrants an ElS? 7. fi.tlne ,,irport expaa~on, which is being done with some federal fi. rods, is the project, how can the ACOE do the ElS before the application is submitted:' Why im't this spoculetlve? Can the ACOE do an EtS ba.wai on ~ speculative Project? 8. Ii'thc airport expansion [~ thc major foclcr~l project, why c~m't tho scope of tho EIS b~ llmi~od to the effects of the airport expansion and the gmgr:~phica/area that would be impamed by the air'pon exp~nfion? 9. lfth~ airport expansion i~ the major federal project, why doesn't tM MOU includ~ languag~ which indica~c~ that the air. ri will not hove :o do another ElS wtm/~ it s,ub.,it, fu~ p~.,its? If flu: ~lau~ t expiration is the btsis for th~ EIS. why i~n'! the airport, m~$ter plan the preferr~i alter, floe? If~e air~rt is th~ federll project, what imps6't does the ~i~ort hav~ on Collier County ~h~t would require Collier Couray ~o ~x~eut~ the MOU? 10. As the MOU is currently written, wouldn't the ~arl~rt $~[1 have to ~1o as own El5 when thc IxojecI iS ~lzlled and p~'l'mitted? Why. or why not? 1 l. Whal is (or ate) the signffica, ra impact(s) to the hum~m cnvlrosm~cnt that is of c..onccm to thc ACOE and is the b. sis for'the need to cio the ElS? 12 Ooecn't ff:,e ACOE sflresdy hive ~n obli!3ation to cons~e; the ;mpze'ts on the enu4ronrn~nt through tM disch~ge 0fits resporaibilifie~ under Seaion 404 of the Clean Water Act,? 13 Can you id~tifv oth~r ~ whey: the ACOE has been required by a court of law to conduct an EIS fo/' private projects on wivat~ land based solely on tM mrnulativ~ impart of otto or more dredge and fill pernuts? Plcmsc idontify fhosc [ns~cc..s so d~: BOCC c~n consider those circumstance. Can you also plesxa ideatify the scope and the tesul! of the ElS in tho~ instances. 9 these ~e too numerous to identify, can you please list e/ght of the most recent of wNch you are aware ~d wl'dch are comparable to the situation in Lee ~md C4ailiea countiu,,~ 14. Why doesn't the MOU indicate that thc c~mprehemive plato oft.he two coonties sro the ACOE's pr~ alterrmtlve=7 Why does the MOU only {ndicate that the adopted comprehenrdve pla. nj sr~ the preferred ah~mative of the state aM the countie(~ 15. What is a"oonsen~s" altemative'~ What. i~ it an alle~nafive to? What irapact mil the adoption. c:e~tion or acceptance ora "consensus" alterrmive l'tsve on Lee ariel/or Collier County? I 5...qinc~ there im't any propoa~xl permit or action in th. is case, what docs the ACOE assume to be the proj~t for lmrpos,,s of considering; alt~matives? 17 Who am all of'the participant_,, in the creation of the "c~J~" alternative? How is & ~nsensui reached fi.all of:he entitles with divergent opinions don't come to thy meeting of the minds? How much do tke opinions of the r~poc~iv~ counties weigh in the consideration of tl~c alternative{? 1 iL Will th, ACOE refuse to igsue p~md~r, far any dr~dge and fill permit which is incons,stent u,'ith the "consensus ,'alternative"? 19. '¢,qll the ACOE. ~ part of the ElS. consider deveIopment only in wetla~ld area.~ which are under {he ACOE's 404 jurisdiction? Is the ACOE considering developing an ElS which affects upl~ds? If ~l~e ACOE is going to add~ess dcvdopmcnt wi~..hSn thc uplands, how docs thc ACOE propo:s.c to do this ainc~ it is outside of th~ juriszticlion of'the ACOE? 20. Who will e~'t,xbli~h the method, and procedure$ for conducting the EIS7 Won't thi~ bo est~Li.~,ed solely by the ACOE with input from the Council on Environmcntsl Qu~lit)/? Won't the counties input be considetexl with the same deference ts ~ny other input ffon~ the pubUc? 21. The ACO]~ h~ indicated that :hey want the ¢ountie, to assist, which the Counties h,,ve indicated they will do. What kind ot'a~alalaneo docs thc ACOE w~t? Why i~ a MOU n~:essoay to -,.ecur~ that assistance? 7.2 F)t-,om'~ all ~f~b,. rle. ciqinn m~klng n~lhnfi .fy fnr the mr)pc and .~uhx~nce of the ElS re..~t with the. ACOE? Will either of the counties have any decision making authority relative to thc ElS by virtue ol' the execution of'the MOU7 2~ Various members of thc County Corrur, ission tuavc heard rumor~ to the effect that or~ or,he pri~na~y rem.sons why the ACOE ,.~':mt~ lo do the EIS is bec~,~ ~ National ~du~n t~mt~ tO me ~ ACOE d~'t do ~n ~S h ~em ~, tm~ to ~i~ mmo~ Cou~ you pl~e ~e ~ u~ ~ ~actly ~t is 8oing on regu~ng the Natio~ Autumn Society's the r~st for ~ EIS7 If you do an EIS be~u~ they w~t you t~, ~ ~e ACOE ~ feel c~m~ to ~opt the ~ ~d the ul~te ElS l~t the Nafio~ Audubon So~ety ~B? Is thc National Audu~a Soc[~y, or m~y other n~io~l cnvironmcntd ~oup, contfibufi~ ~y ~r~a ot pro'ding ~ny t~ical ~isunm to the ErS? [D:2118 OfT 23'$7 15:13 24 Can the Na,%nal Audubon Society, or any other national e~vironmental ~'oup, challenge :he the d~n ~ ~o do ~ ElS? ~t h the b~den o?p~oofot the st~dhg ~hat mus~ be est~b~cd to challenge the ~ope of the EIS~ ~at is the burden of proof, or the st~ding t~t must be ~blished to ch~en8, the reaults 25 l~ tlz Memotl/1ClUlll et, Understandk,~g binding and legally enforceable? Does :.he MOU give the County ar'o' binding control or input into the EIS scope or ttudy'~ It' lhe ACOE really wtraa the £otmty :o be a pan~ler, why wouldn't the ACOE want Io enter inlo a Memorandum of AgreemenO Wtm i~ the dilTc~¢no¢ b¢lwccn a MOU ~nd ~ MOA? 26. A rcpresemative of the ACOE indicat~ that the flooding problem in south L,ce County is the major fude,-a] ~tion that requires the ElS. h the study ~tnently being e, nndlte)ed hy fha .qnuth Fit.ida Wa~er Mamgtment District being done w{~ m".y federal funds? If so, bow much and through whzI grant, al]oettion, ~¢.7 'A'haI federal/:zlTnlt~ al'¢ needed to undt'rI~ke District to re. ce flooding'/ If the study i~n'l complete and no reccunmmdation~ have been made yet, how has the ACOE dctcmfincfl that fede?~[ permits ~re nee. d~? If no federal perrnitl are needed, no fcdertfl lundin8 i~ being u~ed, and none ortho improvetn~nt~ are being done on federtfl landz, what is tho major federal acdorl? Whal significant affect on ~tlcipated from a projct": that is aimed at recttfjang ~ floodin8 problem'! Isn't the Sl-'W'M/3 trym$ tn rectify ~me of Ibc a/teratinn, to the water flow thai occurred ~rior to SFWMD pern'fitting, which is purporledly one of the conlributing fa~or$ to the flooding? 27. 'fhe ACOE has also indicated that it is the cumulative impact of severa. I dredge and fill permitt that crew(es the need for an ElS. Is the ACOE referring to pa.~t permits? Ia the ACOE referring to ~peculative fulure permlt~9 Exactly what grouping orpermit~ er~,at, the major federal act,on? Doesn't the ACOE already consider Ihe impa~ on the environment when it issues dredge and fill permh~'~ D. oe~'t t~' ACOE already consider impact on habitats through it~ ~ult~ion with thc U.S Fish and Wildlife Scrvice'~ Doetm't tee ACOE already consider the public inleresO Doesn't the ACOE already require miNmization ofimpac, s? Doesn't the ACOE already analyze the s~conda, ry ~,d cumulative impacls 0£ ~vog, ?crmit request? Didn't thc ACOE require Lx~ Coun.'7 to provkle over a million dollars {n CR.EW lands to address tl'z secondary and cumulative impacts of TrtrJi~? h ~he ACOE r~uh-~d to do an EIS when the envkonmem,,I questions that would ~ ~k~ xnd answered rheum, the ElS are already Rn~tw'ared d~tr}ng the nnrmal permitting proce, s~ If the a.%w,'er to the ta~ question is yes, oould you please explain why and include the legal basis for that r~ponse? 28. '~an¥ can't the ACOE agree to the ur. ope ofthe ElS now? What i~c~e~ does th~ ACOE expe~ (o include in the &cope? Wkat geographical ~ea does t~ ACOE expect :o include in the scope'~ W~at ~re the rumors that wou[~ catu, e the riel ofittue~ or the 8eogtaphic a~ea to expound7 Why can't the ACOE do the ~coping cfforl prior to asking the Count,/to execute either a.n MOU or an MOA, so the County well know all the terms et the agreemenl? Why floem': the ACOE went to do the scoring effo,, tim.'? 29 W}~ ~ll'~t will tile ElS have on future ACOE ?¢rmlttlng? Will the ElS have an affect on any other regulatory agency9 30. Is there Ny c~a~: law or proc.~nc~ that provides that thc issuance of several dredge ~md fill perrmts in ~ given geogr~hlc ~¢a ri~s to the level ora significant ~nvifonnm'u.~ impo't? Is thee Ny ~ h.w or preceden~ thgt provides th~ the ism of'~verd dredge ~md fill permits in I given geo.~aphic ~'ei doe, not ri~ to the level o£1 ~igniF~mnt enviroment.1 impm? Could you plme provide u.~ wilh thc pm't{,cval~l of no le-~ t}ma~ five o£ these ex~'~l~$? 31. If'tl~ ACOE ha~ detemined that ~ ElS ~s warr~nt~ ~ la~q'ial, way does the ACOE want or ,etd Lee County ~o execut~ an MOU? 32. H~,, mud~ ~y doea thc ^COE submit it will cost to do an EIS'~ I Iow much moncy doc~ thc ACOE haw: budgeted to do the ElS? 331 If it takem longer th~ Ig momh% and the County executes the MOU, wh~t recour~ d~e~ the County Mve against tl-m ACOE for the delay7 34. Support~s of',he ElS submit tl'~ the only thing that will change if the ElS is done will be a new r~qulremem to ~void off-site impacts ~nd to mitigate For unavoidable impacts. Will thi, be the only re.,~lt? Docm't thc ^COE alte. auty require mitigation for un~void~ble impacts? Doesn't the ACOE already consider off-rite impacts in its co.'~ideration of secondary and cumulative impacts? '~'; I'.~ ~he ACOF. mhmi~ting that it has done a poor job in the renew and is~ ofp~ts7 TM Count's obse~ation is ~t ~e ACOE Ms done a v~ thorough job ~ ~ v~ ~ou~y ~d~ tn r~bility to prot~t th= publiu. ~ I~ad~ tu fl~ qucstioo o( ~ha{ pern~ts ~ thc ACOE ksu~ ~ L~ md Co~i~ Co~W wh=e Ihe ACOE di~'t do ~ g~d job ~d where there a ~fi:~t en~onm~t~ impact on the qu~ity of the ~m~n mGronment? 36. Will thr ElS ,esult in an:~' requir~ chm'tgcs to lhe comprehendve pl~ of the Counties~ 37. What confliet~ or inconsistency e.xist~ between the a~.io~ ofthe ACOE and Lee County if Lee County does not {~sue final permits until A¢0£ and SFWMD permits are ob~&i, ned? 38. How will the EIS re~tflt in m ~ramce of~,ater ~Mmges? How will Ihe ElS rexult in an ~ence of wa.ter re~ct~m? These we two ofth~ results promised as a result ofmn ElS by s'upporms ~nd it would be helpKal to understand ho~, thk will occur z~ z re. suit of the Fig 39. P~ea~ identiPy what the ACOE [;ubmit~ is the del'!ctency in the &mourn of l~d r,,c't aside by Lee and Collier courales tot p/ct, ervafion ~nd open 40. W'n~t i, Ibc difference bctw0en a PEIS and ~m ElgV 41. Why doesn't the MOU include a ccmmi~ment to provtde lbr a gene~ permit7 42. Wl~at is th~ b~tis for the contention that the environment will receive legs protection in the. future 'titan wh~ tim l~w P4u}t~? I~ the MOU ~u~lin~ ~l~tt fi,e Co~nti¢~ a~c,'t providing the r~quir~ ~otectior,, or tim ~he ACOE won't provide the ~exluired prote~ion. ~ why* 9 B 43. Doa't both thc ACOE and the SFWMD, as thc designee of DEP, review and ev.luate the impacts of' d~:ve!opment on ~. The MOU indicate~ that glterations tO h~orical drainage occurred prior to the current regulatory ~[,c.,c, cz. uti~; b~f¢$talion i~, spreading, and thc ncod and opportur~ty for rcgtoratlon of thoso m'c~s should occur as mitigation for u~&voidable impacts. Doesn't the ACOE aires, dy rr. quire restoration, alor,$ with the SFWM~, of ~ that are negatively impacted ;$ part of its ~tigafion requirement? Did you -know that Lee County hax alraady adopted a req~:iren~.nr u~h;ch require* the removal of exotic spedes when a tra~ ii d~,elop~ inctud-mg the removal from any con_~rv&tion and open space ar~? Wla,at deficiencies in the ctlfrerlt restoration work req~r~ the ElS? W~t rio you anticip~t< ~ change in tl',i~ regr:trd due to the EIS? 45. Does the ACOE ex-pc, at to identify larga grcns of Lee md Collier County a~, lar8. manxrna~ corridon that should be reserved for those animals with little or r',o development7 W-tll the ACOE or the federal government be responsible for providing the land owners ~th compen_~tion for the conversion ~ their lane{ to a.lmnl habitat fnr the benefit of the ptlb[ic? If the ACOE or federal governme~ is not going lo compensate the landowners, who will? 46. Wh.R ~ L~¢ ~,~bsequent steps dt:r the study that lead to ~F.e usc ofthe study in regulatory. ~d other decisions? What regulatory deci$ion$7 What other decisions7 This question ia ba.se.A on parngraph i. 12, plo~,e re.ret lo that paragraph for the~e terms. John C. Norris District ~ 'l'ifl~xhy L. Hancock, AICP Dismct 2 Timod~y I. Constm~0ne ~ S. Mac'Kie Di~i~ 4 BaJ~oara 8. Berry Dila'ia 5 Thc Honorable Bob Graham United States Senator 524 Hart Senate Office Building Washington, DC 20510 .3301 Ea~ Tamiarni Trail · I~ples, Florida .t4112-4977 (941) 774-8097 · Fax (941) 774-3602 November 6, 1997 9 [3 RE: Army Corps of Engineers Environmental Impact Statement (EIS) Southwest Florida Dear Senator Graham: On Tuesday, November 4, 1997, the Board of County Commissioners considered approval of a revised draft Memorandum of Understanding - Environmental Impact Statement (EIS) Southwest Florida, between the Army Corps of Engineers, Collier County and Lee County. The purpose of this letter is to request your assistance in getting a response to several questions we have on this issue. 1. Is the Army Corps of Engineers authorized to do the ElS study under Federal Law? 2. Is the Army Corps of Engineers required to do the EIS study under Federal law'? 3. Does the Army Corps of Engineers have the unilateral authority to proceed v,.'ith the ElS study over the objections of the local governing bodies? We very, much appreciate your help and are looking forwarding to a response to these ver7 important questions as soon as possible. Very truly yours, / / Ti~;~' ,L/Hancock, AICP. Chairman C omnnssmner, District 2 TLH:sf cc: Board of County Commissioners David Weigel, Collier County Attorney Jim Yaeger, Lee County Attorney John C Ntxris Distrk:t 2 Timothy L Constantine Di~'k:~ 3 Pamela S. Mac'Kie Distric~ 4 Barbara B. Berry District S The Honorable Connie M~ck United States Senator 51 ? Hart Senate Office Building Washington, DC 2.0510 3301 East Tamiami Trail · Naple~, Fkxida 34112-4977 (941) 774.8097 · Fax (941) 774-3602 November 6, 1997 / Ld RE: Army Corps of Engineers Environmental Impact Statement (ELS) Southwest Florida Dear Senator Mack: On Tuesday, November 4, 1997, the Board of County Commissioners considered approval of a revised draft Memorandum of Understanding - Environmental Impact Statement (EIS) Southwest Florida, between the Army Corps of Engineers, Collier County and Lee County. The purpose of this letter is to request your assistance in getting a response to several questions we have on this issue. 1. Is the Army Corps of Engineers authorized to do the ElS study under Federal Law? 2. Is the Army Corps of Engineers required to do the ElS study under Federal law? 3. Does the Army Corps of Engineers have the unilateral authority, to proceed with the EIS study over the objections of the local governing bodies? We very much appreciate your help and are looking forwarding to a response to these very. important questions as soon as possible. Very truly yours, __ TimOthy {r./Har~cock. AICP, Chairman Commisstoner, District 2 TLH:sf CC: Board of County Commissioners David Weigel. Collier County Attorney Jim Yaeger, Lee County Attorney John C. t~i5 Timothy L. Hancock, AJCP D~trict 2 Timothy |. C~nOne D~ 3 ~ S. ~e 3301 East Tamiami Trail · hiaples, Florida 34112-4977 (941) 774-8097 * Fax (941) 774-3602 November 6, 1997 The Honorable Porter Goss United States Congressman 108 Cannon House Office Building Washington, DC 20515 RE: Army Corps of Engineers Environmental Impact Statement (ELS) Southwest Florida Dear Congressman Goss: On Tuesday, November 4, 1997, the Board of County Commissioners considered approval of a revised draft Memorandum of Understanding - Environmental Impact Statement (ELS) Southwest Florida, between the Army Corps of Engineers, Collier County. and Lee County. The purpose of this letter is to request your assistance in getting a response to several questions we have on this issue. I. Is the Army Corps of Engineers authorized to do the ElS study under Federal Law7 2. Is the Army Corps of Engineers required to do the ElS study under Federal law? 3. Does the Army Corps of Engineers have the unilateral authority to proceed with the ElS study over the objections of the local governing bodies? We very much appreciate your help and are looking forwarding to a response to these very important questions as soon as possible. Very truly yours, Tuno y L/Hancock. AICP, Chairman Commissioner, District 2 TLH:sf cc: Board of County Commissioners David Weigel, Collier County Attorney Jim Yaeger, Lee County Attorney SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ( Agre_men~ and Release") is entered into and made by and between Kermit ~qoore ("Moore") and Collier County (the "County"), a political subdivision of the State of Florida, with respect to Case No. 96- 427-CIV-FTM-25D, filed in the United States District Court for the Middle District of Florida, as well as all claims or controversies between Moore and the County that could have been asserted in that case or that in any way relate to or arise directly or indirectly from Moore's employment with the County. WITNESSETH: WHEREAS, Moore has filed an action against the County in the United States District Court for the Middle District of Florida, and that action is styled Kermit Moore v. Collier County, Case No. 96-427-CIV-FTM-25D (hereafter referred to as the "Lawsuit"); %VHEREAS, Moore has alleged various claims against the County in the Lawsuit and the County has filed an answer and affirmative defenses; WHER£AS, Moore and the County, without admitting any liability or fault by either of them, nevertheless recognize the cost and uncertainties of li%igation and now desire to fully and finally resolve any and all claims, known or unknown, asserted or that could have been asserted by Moore in the Lawsuit, including but not limited to all claims for compensatory damages, reinstatement, front pay, back pay, attorney's fees and costs, and also desire to fully and finally resolve any and ail claims, whether known or unknown, that relate in any way ~o or arise directly cr indirectly from Moore's employment with the County; WHEREAS, Moore and the County desire to reduce their compromise of the Lawsuit and all claims that could have been asserted in the Lawsuit or that relate in any way to or arise directly or indirectly from Moore's employment with the County to a writing so that it may be binding upon Moore and the County and their respective predecessors, successors, heirs, assigns, employees, former employees, elected officials, officers, agents, representatives, attorneys[ insurers, sureties and affiliates; NOW, THEREFORE, in consideration of the mutual covenants, promises and considerations set forth in this Agreement and Release, the sufficiency of which is hereby acknowledged, and with the intent to be legally bound, Moore and the County mutually agree to the following: 1. Moore and the County agree to adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas clauses", by reference into this Agreement and Release. 2. The County agrees to pay Moore the sum of Twenty-six Thousand, Seven Hundred and Fifth Dollars ($26,750.00) in full satisfaction of all claims Moore has made or could have made in the Lawsuit or that relate in any way to cr arise directly or indirectly from Moore's employment with the County. 3. The settlement sum of $26,750.00 is to be allocated as follows: (a) $9,927.29 for alleged back pay; and (b) $16,822.71 fcr alleged compensatory damages, attorney's fees and costs. 4. The payment to Moore of Twenty-six Thousand, Seven Hundred and Fifty Dollars ($26,750.00), al. though properly allocated as described abo~e, includes all amounts allegedly due to Moore from the County for any reason whatsoever including, but not limited to, all back pay, front pay, compensatory damages, costs, taxes, expenses, attorney's fees and equitable relief that Moore has claimed or could have claimed in the Lawsuit or that 2 relate in any way to or arise directly or indirectly from I4oore's employment with the County. 5. Moore agrees to assist his attorneys in preparing and filing a Stipulated Notice of Dismissal with Prejudice in the Lawsuit and also agrees that such a Notice shall be filed immediately upon receipt of the $26,750.00 payment. 6. Moore represents and warrants to the County that he has not filed any other charge, lawsuit, claim or any other action against the County or any entity or natural person that is or has been associated with, controlled by or under common control with/of the County. 7. Except for any claim to enforce the terms and conditions of this Agreement and Release, Moore, on behalf of himself and any and all heirs, executors, administrators, legal representatives and assigns, shall and hereby does fully and finally unconditionally, release, acquit, remise, satisfy and forever discharge the County, its elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns frcm any and all manner of action or actions, cause or causes of action, suits, debts, dues, sums of money, accounts, reckonings, cogenants, charges, damages, obligations, liabilities, contracts, promises, judgments, executions, claims, complaints, legal or equitable and whether known or unknown which Moore has asserted in the Lawsuit, had, or now has or may have against the County, its elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns, whether known or unknown, arising out of or relating in any way to the claims or allegations in the Lawsuit, or that could have been made in the Lawsuit or that relate in any way to or ar~se directly or indirectly from I~ioore's employment with the County up to and through the time of execution of this Agreement and Release, including but not limited to, claims in any way pertaining to a claim of discrimination or retaliation pursuant to Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act (29 U.S.C. § 621 et seq.), the Americans with Disabilities Act, the Family and bledical Leave Act, the Employment Retirement Income Security Act of 1974, the Florida Civil Rights Act, the U. S. Constitution, the Florida Constitution, or under any other federal, state or local statute or act, ordinance, regulation custom, rule, or policy, or any cause of action in contract or tort, including any intentional tort, or any instruments, agreements or documents entered into by, between, or among the County or Moore. 8. (a) Moore acknowledges ar:d agrees that he has never had nor asserted any claim for age discrimination against the County or any County elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties or assigns for age discrimination under the Age Discrimination in Employment Act ("ADEA"). Nevertheless, for purposes of complying with the release provisions of the ADEA, Moore understands and agrees that he may revoke this Agreement and Release for a period of seven (7) calendar days following execution of this Agreement and Release. This Agreement and Release is not effective until this revocation period has expired. Moore understands that any revocation to be effective, must be in writing and must be sent via telefacsimile to the Office of the County Attorney to the attention of Michael W. Pettit, relefacsimi!e number (941) 774- 0225 within seven (7) days of execution cf this Agreement and Release. (b) Moore further understands that he is entitled to consider this Agreement and Release for twe~-,t},-o~,~} !21) days prior to his execution of this Agreement and Re].e~se and acknowledges that he has been given the opportunity to consider this Agreement and Release for said twenty-one (21) days. (c) Moore understands and agrees that he has been advised to consult with an attorney prior to executing this Agreement and Release and has had an opportunity to discuss it with an attorney prior to executing this Agreement and Release. 9. Moore agrees to indemnify, defend, and to hold harmless the County from and against (i) any and all liability, claims (whether pending or threatened and whether judicial, administrative or otherwise), costs, causes of action, demands and expenses arising out of or based on any breach of this Agreement and Release by Moore or on account of any representations or warranties made by Moore herein which are later found to be false; and (ii) any tax liability, including but not limited to income tax, social security tax, penalties and interest, in the event that it is ever determined that the payment made by the County constitutes taxable income to Hoore. In this latter regard, Moore acknowledges and agrees upon advice from his counsel that any tax liabilities including but not limited to income tax, social security tax, penalties and interest associated with the payment of any monies to him under this Agreement and Release are solely and exclusively his responsibility. 10. As further consideration for this Agreement and Release, Hoore and the County agree that Hoore shall be hired for the vacant regular electrical inspector's position for which Moore has recently applied. Hoore will be hired for this position based upon him working a six (6) heur werk day and a thirty (30) hour work week. Moore will receive the same employment benefits package he has had since returning to work in July of 1995, i.e., he wii1 receive the same benefits package other County employees ~eceive except that he will accrue vacation and sick time and be paid based upon a six (6] hour work day and thirty hour (30) hour work week rather than an eight (8) hour work day and forty (40) hour work week. In all other respects, Moore acknowledges and agrees that he will be subject to all County personnel and other policies and procedures and shall have no greater or lesser rights than any other County employee. Thus, for example, if Moore is unable to work six (6) hours on a given day, he will account for that time by the use of sick time, vacation time or as otherwise permitted under County personnel policies and procedures. 11. Both Moore and the County agree to waive the right to seek payment of attorney's fees or costs incurred in the Lawsuit, and both parties agree to pay for their respective attorney's fees and costs incurred in the Lawsuit. 12. Moore represents and warrants to the County that he is authorized to enter into and that he has the authority to perform the terms of this Agreement and Release and that he has not sold, assigned, transferred, conveyed or otherwise disposed of all or any portion of the claims he has released and discharged in this Agreement and Release. 13. This Agreement and Release is the result of a compromise of disputed claims and it is understood that the execution and performance of this Agreement and Release by the County does not constitute, nor shall it be construed as, an admission that it has violated any law, statute, rule, regulation or ordinance of either the United States or the State of Florida or breached any duty owed to Moore under federal., statue or law, policy or practice, wizh respect to Moo~e's employment:, or the cessation of his employment, or in any other matter, or that any cf Moore's claims have any merit what$c~eYer. The Co~:nty explicitly denies any such wrongdoing. 14. This Agreement and Release shall be governed by the laws of the State of Florida. 9 D 15. This Agreement and Release is freely and voluntarily executed by Moore and the County after they have been apprised of all relevant information concerning this Agreement and Re]ease and after they have received advice of their respective counsel. In executing this Agreement and Release, Moore and the County do not rely on any inducements, promises, representations other than the promises and representations set forth in this Agreement. and Release. In this regard, Moore and the County acknowledge that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous language. 16. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same forma]i.~ies as this Agreement and Release. 17. Should any provision of this Agreement and Release be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, terms, provisions, shall not be affected thereby and such an illegal or invalid part, term or provision shall be deemed not to be part of this Agreement and Release. 18. In the event of an alleged breach of this Agreement and Release, Moore and the County hereby agree that all underlying causes of action or claims of Moore and the County have been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditi~ns. ~n this regard, Moore and the County further agree that ~'he ~ for any such action for specific performance shall be the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 19. Moore and the County agree that this Agreement and Release supersedes and replaces all prior agreements and understandings and that it constitutes the entire agreement between Moore and the County and that there exist no other agreements, oral or written, between them relating to any matters covered by this Agreement and Release or any other matter whatsoever. 20. This Agreement and Release may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute on and the same instrument. 21. Except as expressly provided for herein, the parties represent and warrant that in executing this Agreement and Release, they do not rely upcn and have not relied upon any oral or written representation, promise, warranty or understanding made by any of the parties or their representatives with regard to the subject matter, basis or effect of this Agreement and Release. 22. The parties acknowledge and assume She risk that facts, additional and different or contrary to the facts which they believe to exist, may now exist or may be discovered after this Agreement and Release has been entered, and the parties agree that any such additional, different or contrary facts shall in no way limit, waive, affect o.? alter this Agreement and Release. IN WITNESS WHEREOF, Moore and the Co,3nty have executed this Agreement and Release, which consists of 10 pages, on the dates set forth below next to their respective signatures and as sworn to and acknowledged by Moore. DATED: - ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 9 [I KERMIT MOORE By: ./.' ' '/.. :' / TIMOTHY L. HANCOCK, Chairman Date: Date: /r~.- ~ TillS SETTLEMENT AGREEMENT AND RELEASE BETWEEN KERMIT MOORE AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Kermit Moore before me this _,:~_ ~ day of /~~ , 1997. Signature of No-t~'y Public Personally Known or Produced Identification Commissioned Nlame of Notary Public (Please print, type or stamp) Type of Identification Produced My Commission expires: MARIAN R. BARNETT ~xmn~ AUG 8, ~ ~ 9 D Approved as to form and legal sufficiency: Michael W. Pettit Assistant County Attorney 10 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC ItEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement [] Ofimr: OriginatingDcpt/Div: Comm. Dev. Serv./Planning Person: . Date: - Petition No. (If none, give brief description): PUD-97-9 Petitioner: (Name & Address): The Club Esta!e~, L.C., 4141 Isle of Capri Road, Naples, l~!.9.rida 34114 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Mr. John P. RequestedHea~ ['1 t~ ~ Ba~donadveni~men, ap~aringl5days~forchcanng Newspaper(s) to be used: (Complete only if important): XXX Naples Daily Ne~vs Other [] Legally Required Proposed Text: (Include legal description & common location & Size: Petition No. PUD-9?-9, J0hn.P. Ashcr, of Cons1 Engineering Consult0nts, Inc., representing Th.e Clul~ ESt0tcs, L.C.,. for a rezone from "A" Rural Agricultural to "PUD" Planned Unit Devq:Igpmcnt for a project titled The (~lub Estates Pt, JD containing a development strategy consisting of t',venh'-cip, ht (28} single family detached housing 10ts and homes on a total site area of 155.8 acres, located on the west side of C.R. 951 (Isle of I~[tprj Rgad) immegliat¢ly cgntiguou~; thc property known as Naples National Golf and Countr'¥ Club in Section 10, Township 50 South, Rang, 26 East, Colli.er Count, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? [] Yes [] No If Yes, xvhat account should Ix: charged for advertising costs: 113-138323..649110 Reviewed by: Approved by: Division Head Date Count.,,' Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: ff legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before mbmitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clcrk',~ Office [] Requesting Division [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Dat~Re~ived: ~'/~-.~//.~? Date ofPublic hearing: ~ DalcAdvertised: ?//2~///.~ Date: To: From: Re: October 1, 1997 D. Wayne Arnold, Director Planning Services Department Ellie Hoffman, Deputy Clerk Minutes & Records Department Advertising for Petitions PUD-97-9 and PUD-97-11 Enclosed please find the fax sheets and letters, requesting that the above-referenced petitions be advertised on Sunday, September 28, 1997, for public hearings on October 14, 1997. The Naples Daily News received these requests within the required time frame for advertising, however, they were inadvertently omitted from the paper on the 28th. If you should have any questions, please contact me at: 774-8406. Thank you. Enclosures l Iili11111111111111111111111111111111111111111111111111111.111111 r :° Iii111111111.11111111111111 1111111111111111i!11111111111111111 559 iJ:~ 14:~8 15:35 32 09: ~ ~5' 02 9263~864 OK ~ 84' 58 92634864 OK ~)'5~. +1 941 42~ 6218 OK, ;~ 01 ' 59 92654864 OK~ September 30, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-97-9 Dear Judi: Please advertise the above referenced notice one time on Sunday, October 5, 1997, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 704259 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY,~OCTOBER 21, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINA~ICE NUMBER 91-102, THE COLLIER CO~TY LA,ID DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP 060910; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN 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) I~EDIATELY CONTIGUOUS TO THE PROPERTY KNO?~ AS NAPLES NATIONAL GOLF ~qD COUNTRY CLUB, IN SECTION 10, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 155.8 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUD-97-9, John P. Asher, of Coastal Engineering Consultants, Inc., representing The Club Estates, L.Co, for a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COM}4ISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRM~2g DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) September 30, 1997 The Club Estates, L.C. 4141 Isle of Capri Road Naples, FL 34114 Re: Public Hearing to Consider Petition PUD-97-9 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 21, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 5, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure September 30, 1997 Mr. John P. Asher, P.E. Coastal Engineering Consultants, Inc. 2800 South Horseshoe Drive Naples, FL 34101 Re: Public Hearing to Consider Petition PUD-97-9 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 21, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 5, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure III111111111111111111111111111111111111111111111111111111.111111 11111111111111111111111111111111111111111111i111111111111111111 15:3d I ~°01'41 15'- ~2 ~ 01' 14 collier cotmt~ .r-~r~o~2se El.LIE ~- ~ & KEC~$, (8~1 77Z~-8~06 643 8345 941 ?746179 2 2 3 ~11 06~11 868C~19 i2B 1 September 22, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition ?UD-97-9 Dear Judi: Please advertise the above referenced notice one time on Sunday, September 28, 1997, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 704259 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, OCTOBER 14, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NIR~IBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, ~ICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER CO~WTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP 060910; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN 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 KNOWN AS NAPLES NATIONAL GOLF AND COUNTRY CLUB, IN SECTION 10, TO~SHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 155.8 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUD-97-9, John P. Asher, of Coastal Engineering Consultants, Inc., representing The Club Estates, L.C., for a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) ORDIHANCE NO. 97- AN ORDINANCE AMENDING ORDINANCE NU,.V. BER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIO~..IS FOR THE UNINCORPOPJ~TED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER - 060910; BY CHANGING THE ZONING CLASSIFiCATIO~ OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RUP-Z.L AGRICULTURAL TO "PUD" PLANNED UNIT DE'VELOPME,UT KNOWN AS THE CLUB ESTATES PUD CONTAiNiNG A DEVELOPMENT ST?ATEGY CONSISTING OF TWENTY-EiGHT (28) SINGLE FAMILY DETACHED HOUSII'iG LOTS A~ID HOMES LOCATED ON THE WEST SIDE OF C.R. 95! (ISLE OF CAPRI ROAD) IMMEDIATELY CONTIGUOUS TO THE PROPERTY KNOWN AS NAPLES NATIONAL GOLF AND COUNTRY CLUB, IN SECTION 10, TOWNSHIP 50 SOUTH, PANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING O-= 155.8 ACRES; AND BY PROViDiNG AN EFFECTIVE DATE. WHEREAS, John P. Asher, P.~., = of Coast~ .... vnu~n~rinr;~ .... Consultants, Inc., representing The Club Estates, L.C., petitioned the Board of County Co~Jnissioners ~o cka~, ,,~ the zonina classification of the herein described real property; NOW, THEREFORE RE iT Omu.-.~_D by th~ Board of Coun%v Com~.issioners of Collier County, Florida: SECT iON ONE: The zoning classification of the hereir, descr~'-~-~ property located in Section !0, /c>,'nship 50 2curb, P. ance 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Develcpmen~ in accordance 'with the Club Estates PUD Document, attacke! hereto as E:<?.ibit "A" and incorporated, by reference hereln. The O~=~_~_~_=-' ....... ?~-...~. ...... :--~.~ ~;ur~ber 060910, as CeEcribed ir. Ordinance N'~rl-~:- ~]-i~2, Collier County Land Dave~_.~ ........ =-- c~:~,~_ is her~-ky accordingly. SECTION TWO: This Ordinance shall b~.~cr.e == ~ fi e~ect_ve ur~n l{ng ~,,ith D~.=_~ ...... ,t o~ State 12f . 1 PASSED AND DULY ADOPTED by the Board of County Com~,issioners of Collier County, Florida, this day of , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: TIMOTHY L. HANCOCK, Chairman Approved as to Form and Legal Sufficiency Student Assistant County Attorney f/PUD-)7-90P,5 iNA:rCE,' " 12B 1 THE CLUB ESTATES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPOR'ITNG MASTER PLAN GOVERNING THE CLUB ESTATES A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: 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 I 1, 1997 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL TABLE OF CO,NTENT~; LIST OF EXB1BITS AND TABLE STATEMENT OF COMPLIANCE SECTION SECTION SECTION SECTION SECTION SECTION I PROPERTY OWNERSHIP AND DESCRI?TION II PROJECT DEVELOPMENT REQUIREMENTS III LOW DENSITY RESIDENTIAL AREA PLAN IV COMMONS AREA PLAN V CONSERVATION/PRESERVE AREA PLAN VI DEVELOPMENT COMMITMENTS PAGE i ii 12B 1 L, IST OF EX/HB~rs AND TABLES EXHIBIT A EXHIBIT B EXHIBIT C PUD Master Plan Typical Lot Plan Typical Road Cross-Section 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 Grow',.h Management Plan. 'Re residential and recreational facilities of THE CLUB ESTATES will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: Residential Project The subject property, is within the Urban Residential Land Use Designation 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. 3. The project development is compatible and complementaD' to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. o 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 functions 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 0.18 d.u. per acre is in compliance with the Future Land Use Element of Growth 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. ii SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PUR , The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of THE CLUB ESTATES, 1.2 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 East, Collier County, Florida, LESS AND EXCEPT the East 125.00 feet for Co,.mty fight- of-way and/or Utility Easements, as appear in those certain deeds and instruments recorded at O.IL Book 1952, Page 2219. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of Richard K. Bennett, as Successor Trustee of Land Trust 5385. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA The project site is located in the South I/4 of Section 10, Township 50 South, Range 26 East. 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. 1.5 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 subdivisio.,x, north of undeveloped land and west of CR-95 I. 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 NGVD. 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 12B 1.6 1.7 The soil types on the site include Pineda frae sand (approximately 75%), Boca fine sand (approximately 20%) and Chobee (approximately 5%). Soil characteristics were derived from the Soil Survey of Collier County., Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March 1954. PRO,HgCT DESCRIPTION The completed project will be a private gated community consisting of 28 residential lots, a common tennis recreation area and two interconnected lakes. The lots and lakes will be located on the interior of the perimeter access road. Each lot will have a permanent concrete block or stone retaining wall surrounding the lot and driveway. SHORT TITLE This Ordinance shall be known and cited as the "THE CLUB ESTATES PUD." I-2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 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. 2.2 GENERAL 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 parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building per,nit 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 del'tuitions set forth in Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of THE CLUB ESTATES shall become part 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. 2.3. 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 fights-of-way, the general configuration of which is also illustrated by Exhibit 'A'. II-1 "T~C~ "~1. DEVELOPMENT TYPE ] UNITS/S, [ "' L SINGLE FA)vtiCY LOTS' ' ' ..... 28 ...... 47.6 kC ' T COMMON AREAX[ENNIS CENTEK 4,000 S.F. 0.7 AC CA CONSERVATION AREA '' N/A 67.4 AC O LAKES AND CONSERVATION AREA N/A ' 26.4 AC k ROADS/RIGHT-OF.WAY ......... N/A t3.6 AC TL TORN'LANE N/A' 0. l AC ... T.OT/(L 155~8 AC - 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 acreage 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. 2.4. DESCRIPTION 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 0.18 units per acre. 2.5. RELATED PROJECT PLAN APPROVAL REQUIREMENTS 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 planing laws of the State of Florida. II-2 2.6 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 to the issuance of a building permit or other development order. The development of any tract or parcel approved for residential development contemplating fee simple ownersh/p of land for each dwelling un/t 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: mo One "wet" and one "dry" model may be constructed prior to recording of a plat. Location is limited to future, planned single family lots. Permits for all models must be applied for by project owner. Bo The models perrnined 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. II-3 1/-E 1 2.6, 2.7 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" modet shall be provided by a paved road or temporary driveway and shall have a supporting parking tot. Sales, marketing, and administrative functions are permitted to occur in designated "wet" model homes with/n 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. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN 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 MAINTENANCE 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 all 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 3.1. 3.2. 3.3. SECTION III LOW DENSITY RESIDENTIAL AREA PLAN PURPOSE The purpose of this Section is to identify specific development ,~andards for areas designated on Exhibit "A" as Tract "L", Low Density Residential. MAXIMUM DWELLING UNITS For the purpose of this section low density, residential is defined as 4 or less dwelling units per acre on the tract(s) allocated to ,.his purpose. The maximum number of low density dwelling units allowed within the pLrD shall be as follows: Tract L 28 Total 28 USES PER.MITrED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single Family Dwelling Unit 2. On-site sewage treatment plant/facilities (see Section 3.5) B. Accessory Uses: Customary accessory uses and structures, including private garages. Common recreation amenities. Detached Guest Houses 4. Commercial Excavations IIl-I 12B i 3.4. DEVELOPMENT STANDARDS A. GENERAL: All yards and set-backs shall be in relation to the individual lot boundaries, except as otherwise provided. IVflNIMUM LOT AREA: MINIMUM LOT WIDTH: 20,000 square feet. The minimmn lot width measurement shall start approximately 50 feet back from the fight-of-way and shall not include the narrow driveway portion of the lot. 1. Comer Lots - 100 feet 2. 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". i. Front Yard: 50 feet from Right-of-Way. 2. Side Yard: 0 feet 3. Rear Yard: 0 feet 4. Front yard setbacks shall be measured as follows: If a lot or parcel is served by a public or private right-of-way, setback is measured from the adjacent fight-of-way line, even if the lot or parcel is "T" or flag shaped. (a) 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. (b) If a lot or parcel is served by a platted private drive, setback is measured from the road easement or property line. (c) II1-2 3.5 MINIMUM FLOOR AREA: 1. 3,000 square feet MINIMUM DISTANCE BETWEEN PRINCIPAL AND ACCESSORY STRUCTURES: 1. 10 feet H. OFF-STREET PARKING AND LOADING 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 boundary. LANDSCAPED BUFFER REQUIREMENTS: Twenty (20) feet landscaped buffer pursuant to the planting m~d opacity requirements of Division 2.4 of the Land Development Code. 3. MAXIMUM HEIGHT: Thirty (30) feet. Iil-3 SECTION IV 4.1 PURPOSE COMMONS AREA PLAN 4.2 Thc purpose of this Section is to set forth thc development plan and development standards for the area(s) designed as Tracts "O" and 'T', Commons Area/Conservation Area on the PUD Master Development Plan, Exhibit '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 natural trees and other vegetation as practicable shall be protected and preserved. USES PERMITTED No building or structure, 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) o 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 structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. IV-I 128 1' 4.3 4.4 DEVELOPMENT REGULATIONS Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and location and treatment of buffer areas. Buildings shall be setback a minimum of thirty (30) feet abutting residential districta and a landscaped and maintained buffer shall be provided. 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. Lighting facilities shall be arranged in a manner which wilt 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. MINI~M 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 bf which will utilize a raised boardwalk for ingress-egress. No automobile traffic is anticipated. OFF-SITE REMOVAL OF EARTtIEN MATERLM~ 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: Commercial excavation activities shall comply with the def'mition 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. Alt other provisions of said Division 3.5 are applicable. IV-2 12B 1' S.1 S.2 SECTION V CONSERVATION/PRESERVE AREA PLAN PURPOSE Conservation/Preserve Area - The purpose is to preserve and protect vegetation and naturally functioning habitat in their natural state. USES PERMYFTED No building or srruc~e or part thereof, shall bc erected altered or used, or land used, in whole or in par~, for other than the following, subject to regional state and federal perm.its when r~uir~; A. Principal Uses: I. Open Spaces/Nature Preserves. 2. Lakes as shown on the PUD maser plan, 3. Small docks, piers or other such facilities consm~cted for purposes of lake recreation for residents of the project, subject to appropriate approvals by permitting agencies. 4. Boardwalks subject to appropriate approvals by permitting agencies. 5. Perimeter securi~ fences or walls. 6. Native vegetation landscaping. 7. Permitted mitigation activities. V-I SECTION VI 6.1 6.2 6.3. 6.4. DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL 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 rifle is also subject to any commitments within ~s agreement. PUD MASTER 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 instrmnents shall be granted to insure the continued operation and maintermr, ce of all service utilities and all common areas in the project. SCHEDU,.LE OF DEVELOPMENT/MONITORING REPORT AND SUNSE. T PROVISION Infrastructure: It is the developer's intent to construct thc first phase of infrastructure for the single family lots w/thin two (2) years from the date of approval of the PUD Ordinance. VI-1 6.6. Bo 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 County. Any additional recreational facilities, as may be needed by the future residents of this project, shall be funded 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 mandatory, and every property owner in the development shall become a member of the Homeowner's Association. Monitoring Report: ,Mn annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. Do 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 SUBDIVISION 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. TRANSPORTATION 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 construction plan/final plat approval for the first development phase. They must be completed prior to preliminary acceptance of' the Phase One subdivision improvements. VI-2 6.7. 6.8. Substantial 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 addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. Fo Road Impact Fees shall be paid in accordance 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. Go 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 mm lanes and median areas shall be dedicated by the developer to reimburse the County for the use of existing Right-of-Way at the time said mm lanes are required by Collier County. Such dedication shall be considered site related and there shall be no road impact fee credit to the developer. 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. UTILITIES 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 anWor sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned rind maintained in accordance with Collier County Ordinance No. 97-17, as amended. ,and other applicable County rules and regulations. VI-3 Co Do Water Facilities Looping and Stubs: The on-site water distribution system to serve the project must be connected to the district's water main on CR951 consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: Dead-end mains shall be eliminated by looping the internal pipeline network. Stubs for future system interconnection with adjacent properties shall be provided to the property lines oft he project, or the limit of jurisdictional wetlands, at locations to be mutually agreed to by the County and the developer during the design phase of the project. Connection to the County Central Sewer System or a Master Pump Station: The utiliw construction documents for the project's sewerage system shall be prepared so that ali 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 station 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 serw'e 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 facilities 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 transport the additional waStewater generated without adverse impact to the existing transmission facilities. VI-4 6.9. 6.10. ENGINEERING The development of this PUD Master Plan shall be subject to and governed by the following conditions: mo Grassed slopes of 3H:IV may be used for berm heights to 4 feet throughout the project based on the construction plans approved as part of the SFWMD ERP and ACOE Dredge-Fill Permits. Berms greater that 4 feet in height shall use slopes no greater than 4H:IV. Bo The typical road cross-section as defined in Exhibit "C" shall be used throughout the project. The road section may vary to allow the travel path to meander inside of the right-of-way. Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 93-64. ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: mo Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final plat/construction plan approval. Bo Environmental permitting shall be in accordm~ce with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be designated as conserYation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. In the event this project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704.06. VI-5 6.11. 6.12. 6.13. Do Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in ail places and averaging twenty- five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shail be provided in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shail be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. F° Petitioner shail comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potentiai impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan. ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office and model SIGNS All signs shall be in accordance with Division 2.5 of the La'ad Development Code. LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shail 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 Z 8FI'~ A~J. NI'IC)O QI,(Y 3"100 ~¥.LI~r'ZIH S.3"~c~N I I I / / / / 12B September 22, 1997 The Club Estates, L.C. 4141 Isle of Capri Road Naples, FL 34114 Re: Public Hearing to Consider Petition PUD-97-9 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 14, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 28, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure September 22, 1997 Mr. John P. Asher, P.E. Coastal Engineering Consultants, Inc. 2800 South Horseshoe Drive Naples, FL 34101 Re: Public Hearing to Consider Petition PUD-97-9 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 14, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 28, t997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure N~pLes, FL 339~0 . Affidavit of PubLication NapLes DaiLy BOARD OF COUNTY C0eINISSIONERS ATTN: NANCY SALOGUB PO BOX 41~016 NAPLES FL REFERENCE: 0012~0 70~259 57572921 NOTlCE OF INTENT TO State of Florida Co~ty of Collier Before the undersigned authority, personalty appeared B. Lash, ~o on oath says that she serve, as Assistant Corporate Secretary of the Naples Daily Ne~s, a daily newspaper p~bLished at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the satc Naples Daily Ne~s is a newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has bee~ entered as secor~ class ~ait carter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first pubLtcatio~ of the attached copy of adverttseeent; and affiant further says that she has neither paid nor proaised any person, firs or coporatio~ any discount, rebate, comissto~ or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBL[$HE0 ON: 10/05 AD SPACE: I06.000 iNCH FILED 0~: 10/06/9'/' Sworn to and Subscribed before ae this NOT:CE OF INTENT AN ORDINANCE AMENDING OROI- NANC[! NUARflER' 91-1~ TI~ COLLIER COUNTY I~NO. DE- VELOPMENT COMPREHEN~IY 2ONING REOULA- CORP~ ~A ~ C~ ~, AL TO ~ PUD" PLAN~ ' ~ AS THE ~UB lNG A ~ STRATEGY g~ TING O~ ~NTY- EIGHT (2~) 5INGLE FAMILY DETAC~ H~ LoTS eo~) ~.. ~O "O~ COUNTY COLLIER COUNTY, ORDINANCE NO. 97- 69 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER - 060910; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTUP~AL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN 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 ~ONTIGUOUS TO THE PROPERTY KNOWN AS NAPLES NATIONAL GOLF AND COUNTRY CLUB, IN SECTION 10, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, 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 Estates, L.C., petitioned the Board of County Commissioners to change the zoning classification of the herein described rea]. property; NOW, THEREFORE BE IT ORDAINED by the Board of County Co~issioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section i0, Township 50 Sou~h, Range 26 Eas~, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance wihh the Club Estates PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 060910, as describea in Ordinance Number 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 Sta~e. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ~_~.~~-/ , 1997. BOARD OF COUNTY COI~N1SSIONE.RS COLLIER COUNTY, FLORIDA BY: TI~OTHY ~ H~NCOCK, Chairman Approved as to Form and Legal Sufficiency Student Assistant County Attorney f/PUD-97-9 ORDINANCE/ STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, ~ollier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 97-69 Which was adopted by the Board of County Commissioners on the 4th day of November, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 7th day of November, 1997. DWIGHT E. BROCK ,. Clerk of Courts and'/'Cl~k .. '~... Ex-officio to Board of County Commissioner~ Deputy Clerk 1281 THE CLUB ESTATES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING TIlE CLUB ESTATES A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: 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 NOVEMBER 4, 1997 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL I 1 -f14-9 7 97-69 91-102 12B1 ' TABLE OF CONTENTS LIST OF EXHIBITS AND TABLE STATEMENT OF COMPLIANCE SECTION SECTION SECTION SECTION SECTION SECTION I PROPERTY OWNERSHIP AND DESCRIPTION II PROJECT DEVELOPMENT REQUIREMENTS III LOW DENSITY RESIDENTIAL AREA PLAN IV COMMONS AREA PLAN V CONSERVATION/PRESERVE Al:LEA PLAN VI DEVELOPMENT COMMITMENTS PAGE i ii 12B1 '' LIST OF EXHIBITS AND TABLES EXHIBIT A EXHIBIT B EXHIBIT C PUD Master Plan Typical Lot Plan Typical Road Cross-Section 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 recreational 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: Residential Project The subject property is within the Urban Residential Land Use Designation as identified on the Future Lar~d 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 La. nd Use Element. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3. I.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 functions 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 0,18 d.u. per acre is in compliance with the Future Land Use Element of Growth 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. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 1.2 1.3 1.4 1.5 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 property 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 East, Collier County, Florida, LESS AND EXCEPT the East 125.00 feet for County right- of-way and/or Utility Easements, as appear in those certain deeds and instruments recorded at O.1L 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 DF~CRtPTION OF PROPERTY AREA The project site is located in the South 1/4 of Section 10, Township 50 South, Range 26 East. 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 OESCRIPT!ON 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 ofCR-951. 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 NGVD. 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 1.6 1.7 The soil types on the site include Pineda fine sand (approximately 75%), Boca fine sand (approximately 20%) and Chobee (approximately 5%). Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March 1954. PROJECT DESCRIPTION The completed project will be a private gated community consisting of 28 residential lots, a common tennis recreation area and two interconnected lakes. The lots and lakes will be located on the interior of the perimeter access road. Each lot will have a pe,'Tnanent concrete block or stone retaining wall surrounding the lot and driveway. SHORT TITLE This Ordinance shall be known and cited as the "YHE CLUB ESTATES PUD." I-2 2.1 2.2 2.3, SECTION II 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. GENERAL 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 parts of the Collier County Land 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 all graphic material presented depicting restrictions for the development of THE CLUB ESTATES shall become part 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. DESC .RIPTION 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 TRACT[ DE~'ELO?MENi TYPE ] UNITS/$. I AREA L SINGLE FAMILY LOTS ' 28 47.6 AC T COMMON AREA/TENNIS CENTER 4,000 S.F. 0.7 AC CA CONSERVATION AREA N/A 67.4 AC O LAKES AND CONSERVATION AREA N/A 26.4 AC R ROADS/RIGHT-OF-WAY N/A 13.6 AC TL TURN-LANE N/A 0. I AC TOTAL 155.8 AC 2.4. Areas illustrated as lakes by Exhibit 'A' shall be constructed as lakes or, upon approval, pans 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 acreage 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. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE 2.5. 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 0.18 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS 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 PUl) Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. II-2 Bo 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. Co 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 to the issuance of a building pc. trait or other development order. Do 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. 2.6 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: mo 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. Bo 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. Co 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. II-3 2.6. 2.7 Go 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 temporary 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. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN 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 MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is e, 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 all 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 3.1. 3.2. 3.3. SECTION III LOW DENSITY RESIDENTIAL AREA PLAN PURPOSE The purpose of this Section is to identify specific development stm'~dards for areas designated on Exhibit "A" as Tract "L", Low Density Residential. MAXIMUM DWELLING UNITS For the purpose of this section low density residential is defined as 4 or less dwelling units per acre on the tract(s) allocated to this purpose. The maximum number of Iow density dwelling units allowed within the PUD shall be as follows: Tract L 28 Total 28 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single Family Dwelling Unit 2. On-site sewage treatment plant/facilities (see Section 3.5) B. Accessory Uses: 2. 3. 4. Customary accessory uses and structures, including private garages. Common recreation amenities. Detached Guest Houses Commercial Excavations III-I 3.4. DEVELOPMENT STANDARDS A. GENERAL: Bo 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. 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. 1. Comer Lots - 100 feet 2. Interior Lots - 100 feet MINIMUM LOT FRONTAGE: 1. 30 feet, measured at the fight-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". I. Front Yard: 50 feet from Right-of-Way. 2. Side Yard: 0 feet 3. Rear Yard: 0 feet 4. Front yard setbacks shall be measured as follows: If a lot or parcel is served by a public or private right-of-way, setback is measured from the adjacent fight-of-way line, even if the lot or parcel is "T" or flag shaped. (a) 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. (b) If a lot or parcel is served by a platted private drive, setback is measured from the road easement or property line. (c) III-2 Fo MINIMUM FLOOR AREA: 1. 3,000 square feet MINIMUM DISTANCE BETWEEN PRINCIPAL AND ACCESSORY STRUCTURES: i. 10 feet H. OFF-STREET PARKING AND LOADING 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 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 boundary. 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 4.1 4.2 SECTION IV COMMONS AREA PLAN PURPOSE The purpose of this Section is to set forth the development plan and development standards for the area(s) designed as Tracts "O" and "T", Commons Area/Conservation Area on the PUD Master Development Plan, Exhibit "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 natural trees and other vegetation as practicable shall be protected and preserved. USES PERMITTED No building or structure, 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 A,':ea) 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 structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. IV-1 4.3 4.4 DEVELOPMENT REGULATIONS AG Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and location and treatment of buffer areas. Bo Buildings shall be setback a minimum of thirty (30) feet abutting residential districts and a landscaped and maintained buffer shall be provided. 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 Do Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. go 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: I. 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 SECTION V CONSERVATION/PRESERVE AREA PLAN 5.1 5.2 PURPOSE Conservation/Preserve Area - The purpose is to preserve and protect vegetation and naturally functioning habitat in their natural state. USES PERMIT'rED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional state and federal permits when required; A. Principal Uses: 1. 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 appropriate 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-1 SECTION VI DEVELOPMENT COMMITMENTS 6.1 6.2 6.3. 6,4. PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL 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 wih"fin this agreement. PUD MASTER 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 instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION I~¢ture; It is the developer's intent to construct the first phase of infrastructure for the single family lots within two (2) years from the date of approval of the PUD Ordinance. VI-I 12b'l 6.5. 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 County. Any additional recreational facilities, as may be needed by the future residents of this project, shall be funded 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 mandatory, and every property owner in the development shall become a member of the Homeowner's Association. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. Do 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 SUBDIVISION REGULATIONS 6.6. 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. TRANSPORTATION 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 pl',m/final plat approval for the first development phase. They must be completed prior to preliminary acceptance of the Phase One subdivision improvements. Co 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 construction plan/final plat approval for the first development phase. They must be completed prior to preliminary acceptance of the Phase One subdivision improvements. VI-2 6.7. Eo Substantial 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 addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. Fo Road Impact Fees shall be paid in accordance 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 County 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 impact fee credit to the developer. The developer shall reserve right-of-way for a future east-west road along the south property line of the project as depicted on the PUD Master Plan. The developer shall be eligible for Road Impact Fee credits at the time the reserved right-of-way is dedicated, pursuant to Ordinance 92-22 and Section 390.06(16), Florida Statues. 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. VI-3 6.8. UTILITIE.S. The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. 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. Water Facilities Looping and Stubs: The on-site water distribution system to serve the project must be cotmected to the district's water main on CR951 consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: 1. Dead-end mains shall be eliminated by looping the internal pipeline network. Stubs for future 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 County and the developer during the design phase of the project. 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 station 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. D. Off-site Utilities Improvements: Water - The existing off-site water facilities of the district must be {/valuated 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 VI-4 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 facilities 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 transport the additional wastewater generated without adverse impact to the existing transmission facilities. 6.9. ENGINEERING The development of this PUD Master Plan shall be subject to and governed by the following conditions: mo Grassed slopes of 3H:IV may be used for berm heights to 4 feet throughout the project based on the construction plans approved as part of the SFWMD ERP and ACOE Dredge-Fill Permits. Berms greater that 4 feet in height shall use slopes no greater than 4H:IV. The typical road cross-section as defined in Exhibit "C" shall be used throughout the project. The road section may vary to allow the travel path to meander inside of the right-of-way. Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 93-64. 6.10. ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: ho Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final plat/construction plan approval. Bo Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. VI-5 6.11. 6.12. 6.13. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. In the event this project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704.06. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty- five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. Fo Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service tq. JSFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan. ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the 'construction of the principal structure except for a construction site office and model units. 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 pernfit application. VI-6 / / ,/-.-.. \ cftc) AULN(tO'J O~Y ~ ~)YJ. W3~ S3'~fVN I I / / / / O0 m ~-~o 0 ~J 7 h-lO fD <~< ~x~ ~OZ ~Z~ ~00 ~ o~z= ZZ~<~ 12B : Date: To: From: Re: November 6, 1997 George Yilmaz, Director Pollution Control Sue Barbiretti, Minutes & Records Item #16Al, BCC meeting date: 11/04/97 Please find attached, for your files, one original DEP Contract that was approved by the BCC on Tuesday, November 4, 1997. If you have any questions, call me at 774-8406. Thanks, CONTRACT DEP Contract No. GW157 THIS CONTRACT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, MS#3525, Tallahassee, Florida 32399-2400 (hereinafter referred to as the "Department") and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS whose address is County Governmental Center, 3301 E. Tamiami Trail, Naples, Florida 33962 (hereinafter referred to as the "Contractor"), a governmental entity, for participation in the Ground Water Quality Monitoring Network in Collier County. In consideration of the mutual benefits to be derived herefrom, the Department and Contractor do hereby agree as follows: The Department does hereby retain the Contractor for participation in the Ground Water Quality Monitoring Network in Collier County as defined herein and the Contractor does hereby agree to perform such services upon the terms and conditions set forth in this Contract and all attachments and exhibits named herein which are attached hereto and incorporated by reference. The Contractor shall perform the services in a proper and satisfactory manner as determined by the Department. Any and all equipment, products or materials necessary to perform this Contract shall be supplied by the Contractor, unless otherwise specified herein. The Contractor shall perform as an independent contractor and not as an agent, representative, or employee of the Department. As consideration for the services rendered by the Contractor under the terms of this Contract, the Department shall pay the Contractor on a fixed price basis in the amount of $3,000 as specified in Attachment A. AJI bills for amounts due under this Contract shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. All travel and incidental expenses are included in the fixed price amount of this Contract. o This Contract shall begin upon execution by both parties or October 1, 1997, (whichever is later) and end September 30, 1998, inclusive. In accordance with Section 287.058(2), Florida Statutes, the Contractor shall not be eligible for reimbursement for services rendered prior to the execution date of this Contract. The State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. Pursuant to Section 215.422, Florida Statutes, the Department's Contract Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services for payment; the Department must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; and the Department of Banking and Finance is given ten (10) days to issl]e a warrant. Days are calculated from the latter date the invoice is received 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. A Vendor Ombudsman has been established within the Florida Department of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792. In accordance with Section 215.422, Florida Statutes, the Department shall pay th9 Contractor, interest at a rale as established by Section 55.03(1), Florida Statutes on tho unpaid balance, if a warrant in payment of an invoice is not issued within forty (40) days after receipt of a correc~ invoice DEP Contract No. GW157, Page 1 of 5 10. and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless a contractor requests payment. The interest rate established pursuant to Section 55.03(1), by Comptroller's Memorandum No. 3 (1996-97) dated December 3, 1996, has been set at 10% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1997 for which the term of this Contract is in effect can be obtained by cai,ling the Department of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the Department's Contracts Section at 850/922-5942. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Slatutes. The Depadment may terminate this Contract at any time in the event of the failure of the Contractor to fulfill any of its obligations under this Contract. Prior to termination, the Department shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the Contractor an opportunity to consult with the Department regarding the reason(s) for termination. The Department may terminate this Contract without cause and for its convenience by giving thirty (30) calendar days written notice ID the Contractor. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in paragraph 11. 11. Any and all notices shall be delivered to the parties at the following addresses: 12. 13. 14. 15. Contractor Department Collier County Board of County Commissioners Attn: George Yilmaz, PCD, Floor 3 County Governmental Center, Bldg. H 3301 E. Tamiami Trail Naples, FL 33962 Florida Depadment of Environmental Protection Division of Water Facilities Attn: David Adams (MS# 3525) 2600 Blair Stone Road Tallahassee. FL 32399-2400 Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Contract shall be public records and shall be treated in the same manner as other public records are under general This Contract may be unilaterally canceled by the Department for refusal by the Contractor to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. The Contractor shall maintain books, records and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. The Department, the State, )r their authorized representatives shall have access to such records for audit purposes during the term of this Contract and for three years following Contract completion. In the event any work is subcontracted, the Contractor shatl similarly require each subcontractor to maintain and allow access to such records for audit purposes. The Department's Contract Manager is David Adams, Environmental Specialist II, Phone 850/414- 8550. The Contractor's Contract Manager is George Yilmaz, Director Pollution Control Dept., Phone 941/732-2502. All matters shall be directed to the Contract Managers for appropriate action or disposition. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Contract and that it has DEP Contract No. GW157, Page 2 of 5 16. 17. 18. not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Contract. 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. This Contract has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Contract shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Contract shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Contract. Any action hereon or in connection herewith shall be brought in Leon County, Florida. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either parb/under this Contract, 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. 19. The Contractor recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Contract. 20. This Contract is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 21. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Contract. 22. 23. 24. This Contract is an exclusive contract for services and may not be assigned in whole or in pad without the written approval of the Depadment. The Contractor shall not subcontract, assign, or transfer any work under this Contract without the prior written consent of the Department's Contract Manager. The Contractor agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Contractor that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Contract shall be purchased from the corporation identified under Chapter 946, F.S., if available, in the same manner and under the same procedures set forth in Section 946.515(2), (4), F.S.; and for purposes of this Contract the person, firm or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. The "Corporation identified" is PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (P.RI.D.E.) which may be contacted at: P.R.I.D.E. 5540 Rio Vista Drive Clearwater, Florida 34620-3107 Telephone: (813)535-4900 DEP Contract No. GW157, Page 3 of 5 25. 26. 27. 28. 29. 30. 31. To the extent required by law, the Contractor will be self-insured against, or will 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 similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Contract is not protected under Workers' Compensation statutes, the Contractor shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Depadment, for the protection of his employees not otherwise protected. The Contractor warrants and represents that it is self-funded for liability ~nsurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Contractor's officers, employees, servants and agents while acting within the scope of their employment with the Contractor. The purchase of non-expendable equipment costing $500 or more is not authorized under the terms of this Contract. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Contract (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both padies as evidenced in writing. Any change order which causes an increase or decrease in the Contractor's cost or time shall require an appropriate adjustment and modification (formal amendment) to this Contract. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, 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, F.S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. The Contractor shall comply with all applicable federal, state and local rules and regulations in providing services to the ,')epadment under this Contract. The Contractor acknowledges that this requirement includes com,')liance with all federal, state and local health and safety rules and regulations. The Contractor further agrees to include this provision in all subcontracts issued as a result of this Contract. This Contract represents tho c-ntire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisP)ns of this Contract shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Contract, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. GW157, Page 4 of 5 IN WITNESS WHEREOF, l~e parlies have ~use~ this Gontra¢! 1o be duly executed, the clay and year last written below. COLLIER COUNTY BOARD FLORIDA DEPARTMENT OF Of COUNTY COMMISSIONERS ENVIRONMENTAL PROTECTION By: T~e:T~m~hy '~.~Hancock, XicP', c~airman Director, Division of Water Facilities or designee / Date: ~ ~ '~/ ,/,~,~'/~' Collier County Board of County Commissioners Pollution Control Department County Governmental Center 3301 E. Tamiami Trail Naples~ FL 33962 Attest: '-: Dwight E. Brock, Clerk FEID No. 59-6000558 DEP Contracts Administrator Approved as to form and legality: DEP Attorney Approved as to form and legal sufficiency: Thomas C. Palmer, Asst. Cry. ^~t:orney List of attachments/exhibits included as part of this Contract: Specify Letter/ Type Number Description (include number of pages) Attachment A Scope of Services (1 Page) DEP Contract No. GW157, Page 5 of 5 ATTACHMENT A SCOPE OF SERVICES CONTRACT TASKS Each activity to be performed has been identified and described as a separate task. TASK I. A'FI'END AMBIENT MONITORING PROGRAM MEETINGS 'One or more Contractor staff members will attend three quadramonthly Ambient Monitoring meetings. These meetings will last approximately 2-4 days and keep the Contractors informed about state-wide monitoring networks. Appropriate Contractor staff will attend one sampling or training course offered by the Department as needed. TASK II. FINAL REPORT Summarize all tasks and recommendations associated with this Contract into a final report. Include copies of any publication/documents produced by the Contractor utilizing Ambient Network data. REPORTING REQUIREMENTS The Contractor shall submit progress reports every four (4) months in conjunction with an invoice. Each progress report shall indicate work performed during the reporting period, percentage of project completed, work scheduled for the next report period, problems encountered, and planned solutions. A final report, as described in Task II above, shall be submitted to the Department no later than the completion date of the Contract. PAYMENTS The Contractor shall submit invoices every four (4) months, based on the percentage of project completion, in conjunction with progress reports as required herein. A final invoice must be submitted no later than thirty (30) days after the completion date of the Contract, to assure the availability of funding for final payment. The Department shall have foudeen (14) calendar days from receipt of a deliverable to review said deliverable to determine satisfactory performance. If said deliverable is acceptable to the Department, the invoice shall be processed for payment with the invoice processing time beginning on the date the Department approved the work product submitted by the Contractcr. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. GW157, Attachment A, Page 1 of 1. QUIT-CLAIM BILL OF SALE GREY OAKS - UNIT 6 WATER UTILITY FACILITIES - COLLIER COUN~f TO CITY OF }%kPLES This "as is" .~uit-Claim Bill o~ Sale is executed by Collier County {"Grantor") this day of Grantor is a political subdivision of the State of Florida. Grantor's mailing address is 3301Tamiami Trail East, Naples, Florida 34112. The "Grantee" is the City of Naples, aLElorida municipal corporation. Grantee's mailing address is 735 8 . Street South, Naples, Florida 34102. "Grantor" and "Grantee" include each party's successors and assigns. WITNESSETH: Grantor, in consideration of one dollar ($1.00) to it in hand paid on behalf of Grantee, receipt of which is hereby acknowledged, h~reby quit-claims to the Grantee all of Grantor's rights, title and interests in and to the following described Water Utility Facilities lying and being in Collier County: All Water Utility Facilities that were conveyed by the Halstatt Partnership to Grantor by a Bill of Sale recorded at Book 2301, Page 1362 through Page 1375, inclusive, Public Records of Collier County. These water utility facilities serve the Grey Oaks Subdivision, Unit 6, being in parts of Section 24 and Section 25, Tcwnship 49 South, Range 25 East. This Bill of Sale quit-claims only water utility facilities, not any sewer (wastewater) facilities. These facilities are conveyed "as is." Grantor makes no warranties. IN WITNESS WHEREOF, Grantor has caused this Quit-Claim Bill of Sale to be executed in its name by its Board of County Commissioners acting through its Chairman (or Vice Chairman) the day and year specified in the first paragraph, above. .....' .. ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Prepared By: Thomas C. Palmer Assistant County Attorney 3301Tamiami Trail East Naples, Florida 34112 BOARD OF COUNTY C'0MMIfSS]~ONE~S';~..";,;. OF COLLIER COUNt.F, FLoRiDA,.iA~ ', ~. THE GOVERNING B.~D¥...oF ,,.CQ.LL.IER'.. 'Z:' ~ COUN,Y AND AS EX-OFFICIO.THE'," .; ;- n GOVERNING BOARDiOF THE COL~k~R~%" r COUNTY WATER-SEWER ~STRICT/. J,c :: BY:TfMOTHY L/~'~HeoC~,- CHAX~---- / h:\utility\forms\greyoaksbillofsale-tcp This Deed prepared by: Thomas C. Palmer Assistant County Attorney 3301 Tamiami Trail East Naples, Flodda 34112 (941) 774-8400 QUIT,CLAIM DEED WATER UTILITY FACILITIES - COLLIER COUNTY TO CITY OF NAPLES .,, This DEED, executed by COLLIER COUNTY ('GRANTOR") this ~ day of -~v~'.,~1997. Grantor is a political subdivision of the State of Flodda. Grantor's mailing address is 3301 Tamiami Trail East, Naples, Flodda 34112. The "GRANTEE" is the City of Naples, a Florida municipal corporation. Grantee's mailing address is 735 8~ Street Soum, Naples, FL 34102. "Grantor" and "Grantee" include each party's successors and assigns. WITNESSETH: GRANTOR, in consideration of one dollar ($1.00) to it in hand paid on behalf of GRANTEE, receipt of which is hereby acknowledged, hereby QUIT- CLAIMS to the GRANTEE all of GRANTOR'S dghts, title and interests in and to the following described WATER UTILITY FACILITIES lying and being in Collier County: All WATER UTILITY FACILITIES that were conveyed by the Halstatt Partnership to GRANTOR by that utility facilities 'warranty deed recorded at Book 2301, Page 1376 through Page 1388, inclusive, public records of Collier County. These water utility facilities are located in and serve the GREY OAKS Subdivision, UNIT 6, being in pads of Section 24 and Section 25, Township 49 South, Range 25 East. This deed conveys only water utility facilities and not any sewer (wastewater) facilities. IN WITNESS WHEREOF, GRANTOR has caused this DEED to be executed in its name by its Board of County Commissioners acting through its Chairman (or Vice Chairman) the day and year specified in the first paragraph, above. ATTEST: DWIGHT E. BROCK, Clerk '"By: "~_~~ '~':,, Depu Clerk"' BOARD OF COUNTY COMMISSIONER'S' OE:' "~"," ' ... · ~ ~..p~. j · COLLIER COUNTY, FLORIDA, AS..-~HE :.},~..~,i.~:,;"~;.~ . GOVERNING BODY OF COLLIER..:COU~"~I~D,~ .~. u,. AS EX-OFFICIO THE GOVERNING ~O~'RB..~I~ TR'I~'.'.; :"'~. COLLIER COUN~ WATER-SEWER,DIS~I~T:~ ~, :.'. ~.~ ':., ,".;.-.:,':;?'' TIMOT~ L~hA~haiman -- .," 16A3 RF. SOI,UTION NO. 97-4 17 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONF. RS. (/OI.t,IF.R COUNTY, FLORIDA, AUTttORIZING WAIVER OF REGIONAl. WATF. R SYSTF. M IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT [:I.]:.S. I.IBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAl. FACILITIES IMPACT FEES, ROAD IMPACT FEF. S, F. MERGF. N('Y MF, I)I('AI. SERVICES IMPACT FEES AND EDIJCATIONAI. FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE 'FO BI:. CONSTRU(WFA) BY IMM()KAI.F.I'; HABITAT FOR ttUMANITY, 1NC..ONI.OT25. BI,OCK 10. NAPI.IiSMAN()R I.AKES, NAPI.ES, FI.ORIDA. WHEREAS, Collier County has recognized and attempted to addrcs,~ thc lack ,,t' adcq,atc and afibrdablc housing for moderate, Iow, and very-low income households in the County and the nccd fi,r crcanxc and innova,ye programs to assist in the provision of such housing by including several prm,m,r,s m tl'c ('olhcr t'ounty (ir,'~h Management Plan, including: objective 1.4. policy I.,1.I: ob.lecnve 1.5. poi~cy 15 2. policy 1.5.5. pohcy 1.5.6: objective 1.6. policy 1.6.3: ob)ectivc 2.I. r~i~c2.' 21 I m~'.:c'. 2 I 2. ,~fl~c~. 2 I .:. p,~hcy 2.i.5, and pohcy 2.1.6 of the ttousing Element and \VIIF. REAS. (.'oilier County has received flmding pursuant to :he b~a:c It,,,,mg Inmat,~v, I'a:mcr,h~p Progwam set forlh in Section 420.907 el. seq., Florida Stalutes and ('haptc-r 91-3-. [lo.':~da Admm~,traw, c t 'ode. and WItEREAS, in accordance with Collier County Ordinance No. 93.19. thc ('~mnty ,, at:lh,~r!..,cd lo usc funding from the State }lousing Initmtives Partnership [SltIP] Pr.gram for x~a~xer- t,! (',lhcr ('ountx ~mpact t'ccs; and WI [F.R[:.AS. Immokalee ttabilat lbr l lumantty. Inc. i~ ,:eck~ng a waiver ,,I .,pat: lZ'cs: and W}IF. REAS, Immokalee tlabital Ibr llumanity. Inc. will conslruct .nc I1} thrcc-bcdro{m~ uml Ithe "Dwelling [Init") on Lot 25, Block 10. Naples Manor Lakes which ~s proposed t, ,,ell f,r Forty-Six Thousaml Frye lfundred Dollars ($46.500.00): and WHEREAS, the Dwelling Unit ,,,,'ill be purchased by a very Iow income Imusehold which invest a minimum of live hundred (500) hours of "Sweat Equity" bcf, rc it obtains title WI IERI{AS. Mr. ('harlcs C. Smith. Vice President of lmmokalcc the Office of ttousing and Urban Improvement an Affordable Itouslng Application dated September 30. 1997 fi)r a waiver of impact Ices for the construction of a house on I.ot 25. Block 10. Naples Man.r l.akcs, a copy of salt! application is on file in the Ilousing and Urban Improvement Department: and WHEREAS, in accordance with Section 3.04 of the Regional Water System Impact Fcc Ordinance, Ordinance No. 90-86. as amended: Section 3.04 of the Regional Sewer System Impact Fcc ()rdinancc . ()rdinance No. 90-87. as amended; Section 3.04 of the Library System Impact Fee Ordmancc. ()rdmancc No. 88-97. as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fcc Ordinance. ¢)rdinancc Nt~. 88-96. as amended: Section 3.04 of thc Road Impact Fcc Ordinance. Ordinance No. 92-22. :is amended: ScclioB 3.05 (')1' the Emergency Medical Services System Impact Fcc Ordinance. Ordinance No. 91-71. as amended: and ,'<,¢ction 3.¢)5 of the Educational Facilities System Impact Fee Ordinance. Ordinance No. 92-3'.'. as amended: an apphcant may oblain a waiver of smpact fees by qualifying for a waiver: and WIIF. REAS, Immokalee llabitat for Ilum:,mly, Inc. has qualified for an mq,act tL'e waiver based upon the following representations made by Immokalee Ilabitat for Humanity, Inc.: A. The Dwelling Umt shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very' low in,omc level as that ~crm ~s defined in the Appendices to the respcctwc Impact Fcc Ordinances and thc monthly payment m purchase the unit must be within the affordable housing guidelines established in the Appendices to thc respective Impact Fee Ordinances. The Dwelling Unit shall be the Homestead of the owner. The Dwelling Unit shall remain affordable for fifteen (15) years t?om thc date the certificate of D. occupancy ~s issued. NOW THEREFORE, BE IT RESOLVED BY THE COLLIER COU~'NTY, FLORIDA, that: BOARD OF COUN'FY COMMISSIONERS OF Thc' Board of County Commissioners hereby authorizes thc ('ounty Manager to issue a,, Authorization for waiver of impact fees to lmmokalee Itabitat for ttumanity. Inc. for one (I) house which shall be construcled on Lot 25, Block I0. Naples Manor l.akcs. ('oilier County. Florida. Upon receipt by the }lousing and Urban Improvement Dirccl()r ()1' an agreement for waiver of impact fees signed by lmmokalee tfabitat for llumanity. Inc.. and/or thc purchaser, or other documentation acceptable to the County Attorney. the Board ol' ('(runty ('ommissioncrs hereby authorizes the pa>wnent by Collier County of thc following impact fccs from the Affordable l lousing Trust Fund. Fund (191), in the following amounts for the one (I) house to bc built on Lot 25. Block 10. Naples Manor Lakes by Immokalee t tabitat for l lumanity, Inc.: A. LibraD' Impact Fee S 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: (I) Community Parks 399.00 (2) Regional Parks 179.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1.778.00 F. Water Impact Fee 900.00 G. Sewer Impact Fee 51.340.00 TOTAL IMPACT FEES $6,169.52 3. The payment of impact fccs by Collier County is subject to thc execution and recordation of an agreement for waiver of Collier County lmpact Fees between the property owner and/or purchaser and the County. This Resolution adopted after motion, second and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FI.ORIDA. BY:'I~m~th~ L?an~o~k,~Chairman c/naples manor lakes/reso 16A3 ' EXHIBIT "A" LEGAL DESCRIPTION LOT 25 OF BLOCK 10, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF q'tiE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this.,d_,o~lay of ~(,a,-.. 1997, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and lmmokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fcc Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they ma3' be further amended from time to time hereinafter collectively referred to as "Impact Fec Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by thc Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban hnprovement; and WHEREAS, thc County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of thc requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying thc project as eligible for an impact fee waiver; and - 1 - 16A3 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 97-q'/7 at its regular meeting of ~~f , 1997;and WHEREAS, the Impact Fee Ordinance requires that thc OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the panics covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals arc true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (tile "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in thc appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from tile date tile ccnificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants tile following: a. The Dwelling Unit shall be sold to a household with a very lox,.' income as defined in thc appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Uni! shall be within tile affordable housing guidelines established in thc appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead ofowncr; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued tbr ~he Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impac~ fees in the total amount of S6,169.52 pursuant to thc hnpact Fcc Ordinance. In return for the waiver of the impact fees owed by OWNER, - 2 - l A3 OWNER covenants and agrees to comply with thc affordable housing impact fee waiver qualification criteria detailed in thc Impact Fcc Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in thc event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of thc ccrtificatc of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at thc expense of the COUNTY, record any necessao' documentation evidencing the termination of thc lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In thc case of sale or transfer by gift of the Dwelling Unit, thc original OWNER shall remain liable the impact fees waived until said impacl fees are paid in full or until Ibc conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with thc land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 arc satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the cxpcnsc of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of Ccunty Comm issioncrs. 11. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and - 3 - 16A3 qualification criteria established in the Impact Fcc Ordinance and thereafter Vails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (I 5) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property Vail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that thc impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for thc Ibrcclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at thc statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: nt Name .(//16rint N am e~.~2v~~_ OWNERS: IMMOKALEE HABITAT FOR HUMANITY, INC. I - 4 - i .".' ': ' / '5~. :-' '. ' / ..~%~' . .'~ ~ ' . · ..~C'; -..'~ Approved as:th' ~rm and legal sufficiency h-eidi F.'Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS ' '" COLLIER COUNTY, FLORIDA By: Timothy ~/4:~a~'~ocl~, Chaim~an STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this by Charles C. Smith, to me. [NOTARIAL SEAL] . ' 0,,., ,', ...'.¢. day of~, 1997, Vice President oflmmokalee Habitat for Humanity, Inc. He is personally known ~ture of Person Taking ACkno~edgment Name of Acknowledger Typed, Printed~r Stamped C> jcl/gm/c/naples manor lakes/agree - 5 - EXHIBIT "A" LEGAL DESCRIPTION LOT 25 OF BLOCK 10, NAPLES MANOR LAKES, ACCORI)IN(i TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF TIlE PUBLIC RECORDS OF COLLIER CO[IN'I'Y FLORIDA. - 6 - RESOI.UT[ON NO. 97- 4 18 RESOLUTION OF TIlE BOARD OF COUNTY ('OMMISSlf)NERS. ('()1 COUNTY, FLORIDA, AUTIlORIZING WAIVER ()I: R[:~GI()N,,\I. \V,,\TliI,[ SYSTEM IMPACT FEES, REGIONAL S[.~WER SYSTEM INII'.,\("I Fl!liN. LIBRARY SYSTEM IMPACT FEES, PARKS AND RF. CRI:.ATI()NAI. FACILITIES IMPACT FEES. ROAD IMPACT FE['~S, EMF. R(iEN('Y NlIil)t( 'AI. SERVICES IMPACT FEES AND EDUCATIONAl. FACILI-FIES SYSTEM IMPACT FEES FOR ONE tlOUSE TO BE CONS'IRUCTEI) BY HABITAT FOR [tUMANITY, IN('., ON I.OT 26. BI.OCK 10. NAI'I.ES MANOR LAKES, NAPLES. FLORIDA. WIll.'.REAS, Collier County has recognizctl and attempted to address thc lack ,,f adCtlU:~tc and aft;~rdable housing for moderate, Iow, and very-low income households in the County and thc need t'~r crcatP,'c and mn~lvat~ve programs to assist in the provision o£ such housing by including several pro','tsmns m thc ('~lher ('ounty Grmvth Management Plan, including: okjcctive 1.4. p~')licy 1.4.1: objective 1.5. p(~lic.,, 1.5.2. i'mlicy 1.5.3. p{dicy 1.5.4. policy 1.5.5. policy 1.5.6: objective 1.6. poll,.:.',' 1.6.3: ~3bjcctlx'c 2.1. policy 2. I. I. p,dlcy 2. !.2. imhcy 2.1.3. policy 2.1.5, and policy 2.1.6 of thc llousing Element: and WIIEREAS. ('triller County has received I'und;ng pursuanl ti) tilt: ,'<,t~tc Itousmg Imt~;~l~x'cs I'armcrsh~p Program set fimh in Section 420.907 et. seq., Florida Statutes and ('hapter 91.37. Fh~r~da Admtnlslratwe ('{~d¢: and WI-IEREAS, in accordance with Collier County Ordinance No. 93-1'). Ih,: ('{runty is :lul}lorl/ed Iii usc funding from the State [lousing Initiatives Partnership [Sill['} Program for x',alvcrs ~l't h*lhcr ('mmty lmpac! t;.'cs: and WtIEREAS, [mmokalee ttabitat for ltumanity. Inc. is seeking a waiver of impact I~'cs: and WItEREAS. Immokalee Habitat for tlumanity, Inc. will construct one Ill thrcc-bc,.trmm~ tlIIll (the "Dwelling Unit") on Lot 26, Block I0, Naples Manor l.akcs which is proposed to sc'Il l't~r Forty-SI>: l'}musand Five Ifundred Dollars (.546,500.00); and WIIEREAS. the [)welling Unit ,,*,'ill be purchased by a ','er')' lox',' income tmusch~fld which is rcqmrctl m ~nvest a minimum of five hundred 1500) hours of "Sweat Equity" befi~r¢ it oblan'~s title I~ thc }'muse: ;md WIIEREAS, Mr. Charles C. Smith. Vice President of Imnmkalec [tabilat lbr Ihm~amly. Ir~c . st~}:,mltlcd t,., the Office ol'ltousing and Urban lmprovcment an Al'fordablellousing App!icatmn datcdScpfcmbcr 3t.L lqq7 fora waiver of impact fees fi)r the constructlc, n ~lf a house on l.t)t 26, Block It). N;]plc-; Mam,r' ].akcs. a c~py {~f said application ts on file in the ]lousing and Urban Improvement l')epar~ment: and WItEREAS. m accordance v,'ith Section 3.04 of the Regional Water Syslcm Impact Eec {)rdinancc, Ordinance No. 90-86. as amended: Section 3.04 of the Regional Sewer System b'npact [:cc ()rdinancc . ¢)rdinance No. 90-87. as amended: Section 3.04 of thc I.ibrary System Impact [:cc Ordm;mcc. ()rdinancc N{). s8-97, as amended: Section 4.05 of the Parks and Recreational Facilities Impact Fcc Ordinance. ()rdlnancc N{~ ,$8-96. as amended: Section 3.04 of the Road Impact I:ce Ordinance, Ordinance No. 92.22. as amended; .'";teflon 3.1)5 i~f the Emergency Medical Services System lmpact Fee Ordinance. Ordinance No. r) l-71. a,: amended: :md Scctmn 3.{15 {*t' thc Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33. ;P. ;~mcnded: an applicant may ~lbtam a waiver of impact fees by qualifying for a waiver: and WHEREAS, Immokalee Habitat for tlumanity. Inc. has qualified for an impact fee waiver based upon the following represenUstions made by lmmokalee Habitat for tlumanity. Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low ~ncome level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the m,mthly payment to purchase the unit must be within thc affordable ilousing guidelines established in Ibc Appendices to thc respective Impact Fee Ordinances. C. The Dwelling Unit shall be thc Homestead ofthe owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from thc date the certificate of occupancy is issued. NOW THEREFORE. BE IT RESOLVED BY TttE BOARD OF (.'t)I/NTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes thc (',unty Manager ts) ~ssuc an Authorization for waiver of impact fees lo lmmokalcc ttabitat I'or llumanity, Inc. for one ( 1 ) house which shall be constructed on Lot 26. Block 10, Naples Manor Lakes. Collier County, Florida. 2. Upon receipt by the .[lousing and Urban Improvement Director of an agreement for waiver of impact fees signed by lmmokalee Habilat for Humanity. Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of ('ounty Commissioners hereby authorizes thc payment by Collier County of the following impacl ~;zcs Imm thc AITordablc I lousing Trust Fund. Fund (191). in the fifllowmg amounts for the one (I) house I(> hc built on Lot 26, Block 10, Naples Manor Lakes bi,' Immokalee Habitat for Humanity. lnc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.01~ C. Parks and Recreational Facilities Impact Fee: ( 1 ) Community Parks 399.00 (2) Regional Parks 179.00 D. EMS Impact Fee 1.4.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 900.00 G. Sewer Impact Fee ._$_1.340.00 TOTAL IMPACT FEES $6,169.52 3. The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between thc property owner and/or purchaser and the County. - 2 - This Resolution adopted after motion, second and majority vote favoring, same. DATED: '"0~ ATTEST: . - DWIGHT~,BR .~C~ Clerk · ~ ~ '.~ ~ :/ ~", ';? ..': . Appt%ved as to fo~ legal su~q~ -. Heidi F. Ashton Assistant Coun~ Attorney BOARD OF COUNTY COMMISSIONF. RS COLLIER COUNTY, FLORIDA Timo~hy L/~r~co~k,'Chairman c/naples manor lakes./reso - 3 - EXHIBIT "A" LEGAL DESCRIPTION LOT 26 OF BLOCK I0, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COI,LIER COUNTY FLORIDA. - 4 - l A3 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this'da:~,lay of '7},,~., 1997, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, thc Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Se,,ver System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fcc Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordablc housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in thc Impact Fee Ordinance qualifying project as eligible for an impact fee waiver; and o~ - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied Resolution No. 97- '~?/f,~ at its regular meeting of 1097' and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals arc true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to thc Impact Fee Ordinance and his,qmr monthly payments to purchase the Dwelling Unit shall be within thc affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, - 2 - .._ L .......................................................... __ ............. L .............. 1 .................... L ..................... I!JL ....... J 16A3 OW'N£R covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in thc Impact Fcc Ordinance. 5. SUBSEQUENT TRANSFER. IfOWNER sells the Dwelling Unit subject to thc impact fee waiver to a subsequent purchaser, thc Dwelling Unit shall be sold only to households meeting the chtcria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. Thc Dwelling Unit must bc utilized for affordable housing for a fifteen (15) year period after thc date thc certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, tile impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of tile COUNTY, record any necessary documentation evidencing the termination of thc lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon thc panics to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall mn with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 arc satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and - 3 - qualification criteria established in the Impact Fee Ordinance and thereafter la~is lo p;~y ulc impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property hil to comply with thc said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of thc certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in thc Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should thc OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, thc Board may bring a civil action to enforce this agreement. In addition, thc lien may he foreclosed or otherwise enforced by the COUNTY by action or suit in equity as Ibr thc tbrcclosurc of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at thc statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: ?(tint Name OWNERS: IMMOKALEE HABITAT FOR HUMANITY, INC. B/Y': /(~,..,/.',/" ',/~ '/ t~ &a/lJs~. St-mith,/(/icc Pr~ident - 4 - .......... ..LII_ ....................... : ..................................... J ........... ! !..![!1. ............. L. ...... J ................. J DATED: ~~~ / ~? ATTEST:' · ':',D~ I~BROCK, Clerk ,. ' /b '.. .. legat-suffici~cy i2le'i~]i'"F: Xshton Assistant County Attorney BOARD OF COUN'I Y C()MMI~iL)tNLRb COLLIER COUNTY, FLORIDA By: Timothy L./14ancoCk, Chairman STATE OF Florida__) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this by Charles C. Smith, to me. [NOTARIAL SEAL] '"? ' ~"'" '?o ." .Jz day ofd. ff~..._~:., 1997' Vice President of lmmokalee Habitat for Humanity, Inc, He is personally known Si~'t/ure of Person Taking Acknov~dgment Name of Acknowlcdger Typed, Prirded or Stamped jd/gm/c/naples manor lakes/agree - 5 - Ill I EXHIBIT "A" LEGAL DESCRIPTION LOT 26 OF BLOCK 10, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN I'LAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - 16A3 RESOLUTION NO. 97- 4 19 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS. COLI.II:.R COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATF. R SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDI('AI. SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTF. M IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY IMMOKAI.EE HABITAT FOR HUMANITY, INC., ON LOT 27, BLOCK 10, NAPLES MANOR LAKES, NAPLES, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and thc need for creative and innovative programs to assist in the provision of such housing by including several provisions in the ('oilier Count5 Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5. policy 1.5.2. policy 1.5.3, policy 1.5.4, policy 1.5.5. policy 1.5.6: objective 1.6, policy 1.6.3; objective 2. I. policy 2. t.1. policy 2.1.2. policy 2.1.3. policy 2.1.5, and policy 2.1.6 of the Itousing Element; and WHEREAS. Collier County has received funding pursuant to the State lIousing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative (;ode: and WHEREAS, in accordance with Collier County Ordinance No. 93-19, lhe County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS. Immokalcc IIabitat for IIumanity, lnc. is seeking a wmvcr or' impact fees: and WHEREAS, Immokalee tlabitat tilt Iiumanity, [nc. '.,,'ill construct one (1) ~hree-bcdr~;om unit (thc "Dwelling Unit") on Lot 27, Block 10, Naples Manor Lakes which is proposed to sell for Forty-Six Thousand Five Hundred Dollars (546,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very Iow income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains tale to thc house: and V,,O-IEREAS, Mr. Charles C. Smith. Vice President of lmmokalee Habitat t'or ttumanity. Inc.. submitted to the Office of Housing and Urban Improvement an Affordable [lousing Application dated September 30. 1997 for a waiver of impact fees for the construction of a house on kot 27. Block 10, Naples Manor l.akcs, a copy ol' said application is on file in the Housing and Urban Improvement Department: and WHEREAS, in accordance with Section 3.04 of the Regional Water System Impact Fcc Ordinance, Ordinance No. 90-86, as amended; Section 3.04 of the Regional Sewer System Impact Fee Ordinance. Ordinance No. 90-87, as amended; Section 3.0a of the Library System Impact Fee Ordinance. Ordinance No. ~-97, as amended: Section 4.05 of the Parks and P, ccreational Facililies h'npact Fcc ()rdmancc, ()rdm:mcc No. :~8-96. as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22. as amended: Section 3.05 o{' lhc Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71. as amended; and Section 3.05 oc the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, ~s amended: an applicant may obtain a waiver of impact fees by qualifying for a waiver; and WIIEREAS, Immokalec ltabitat for tfumanity. Inc. has qualified for an ~mpacl fcc ~vav,'cr based upon thc following representations made by lmmokalce tlabitat for t lumanity. Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a hou~hold wnh a ','cD' Iow income level as that term ts defined in the Appendwcs ~,o the respective Impact Fee Ordinances and thc monthly payment to purcha~ the unit must be within the affordable housing guidelines cstabhshcd in thc Appendices to Ihe respective Impact Fee Ordinances. C. The Dwelling Unit shall be thc l[omcstead ofthe o,.~ncr. D. The Dwelling Unit shall remain affordable for fifteen fl5) years from thc date thc certificate o." occupancy is issued. NOW I'HEREFORE, BE IT RESOLVED BY TIlE BOARD OF ('OliN'FY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that: I. The Board of County Commissioners hereby authorizes thc County Manager to ~ssue an Authorization for waiver of impact fees to Immokalce [labitat li~r ltumanity. Inc. for one (1) house which shall be constructed on l,ot 27, Block 10. Naples Manor l.akcs. ('tJllicr ('ounty. Florida. 2. Upon receipt by lhe Itousing and Urban Improvement Director ~ff an agreement for waiver of impact fees signed by Immokalee Itabitat for ltumanity, Inc,. and/or thc purchaser, or olher documentation acceptable to the County Altomey, the Board of ('ounty (.'ommissioncrs hereby authorizes the payment by Collier County of the following impact fees I?om fiqc A fli~rdabic llousing Trust Fund. Fund (191), in the following amounts for the one (I) house lo bc built on l.ot 27. Block II), Naple~ Manor Lakes by Immokalee Habitat for Itumanity. Inc.: A. Library Impact Fee S 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: (1) Community Parks 399.00 (2) Regional Parks 179.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1.778.00 F. Water Impact Fee 900.00 G. Sewer Impact Fee $1.340~Q0 TOTAL IMPACT FEES $6,169.52 3. The payment of impact fees by Collier County is subject to thc cxccumm anti rccordatmn of an agreement for waiver of Collier County Impact Fees bern'ten thc properly owner and./or purchaser and the County. 16A This Resolution adopted after motion, second and majority vote thvoring same. DA.T'ED: ~,~-~/J~ ?? ~: ..;',,' ~.. .. A~oved ~s't~ fo~ and legal sufficiency: Assis~nt Coun~ Attorney BOARD OF COUNTY COMMISSIONERS COL~OUNTY, FLO./RID~ Tiinothy ~/l~an~c°Ck, Chairman c/naples manor lakes/reso EXII1BIT "A" LEGAL DESCRIPTION LOT 27 OF BLOCK 10, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 4 - AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thisq'.L:/-day of ~ ,.o.-, 1997, by and between the Board of County Commissioners of Collier County. Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, thc Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County ['arks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amendcd, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers ofimpact fees for ne',',' owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by thc Impact Fee Ordinance, a copy of said application being on file in thc officc of Housing and Urban Improvement; and WIIEREAS, the Count}' Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of thc requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualif,ving thc project as eligible for an impact fee waiver; and - I - WHEREAS, the COUNTY approved a waiver Resolution No. 97-z/',/p . at its regular meeting of. 1997: and WHEREAS, thc Impact Fcc Ordinance requires that thc OWNER cntcr into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the panics covcnant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals arc true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and wan'ants the following: The Dwelling Unit shall be sold to a household with avcry Iow income as defined in the appendices to thc Impact Fee Ordinance and his/hcr monthly payments to purchase thc Dwelling Unit shall be within the affordable housing guidelines established in thc appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of oxvncr; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for thc Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the tolal amount of $6,169.52 pursuant to thc lmpact Fcc Ordinance. In return for the waiver of the impact fees owed by OWNER, - 2 - OWNER covenants and agrees to comply with the affordablc housing impact fee waiver qualification criteria detailed in the hnpact Fcc Ordinance. 5. SUBSEQUENT TRANSFER. lfOWNER sells the Dwelling Unit subject to tim impact fee waiver to a subsequent purchaser, the Dwelling Unit shall bc sold only to households meeting the criteria set forlh in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. Thc Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, thc impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon thc Dwelling Unit on the effective date of this Agreement; which lien may be forecloscd upon in thc event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of thc COUNTY, record any necessary documentation evidencing thc termination of thc lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon thc parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In thc case of sale or transfer by gift of thc Dwelling Unit, thc original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until thc conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with thc land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 arc satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at thc expense of OX,~Xl'ER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman ofthe Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and - 3 - qualificalion criteria established in the Impact Fee Ordinance and thcrcafter fails to pay thc impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the properly fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that thc impact fccs waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, thc lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at thc statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement t'or Waiver of Impact Fees on the date and year first above written. OWNERS: IMMOKALEE ttAB1TAT FOR HUMANITY, INC. BY:" /~/,' ./ ,'~" - 4 - DATED: ~.TTEST6',~; ",~ ,,~, DW( ..Gl-IT E.'B.R:.0~K, Clerk 7,./. /. , . -' ,~ Approved a~t6 form and legal sufficiency I-~e(di F. Ashi'on Assistant County Attorney 16A3 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 5in~)thy ~?,/Hanc~ck, Chairman STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this by Charles C. Smith, lo me. [NOTARIAL SEAL] ,~. day of zk'/~;/~-,(,=.-', 1997, Vice President oflmmokalee Habitat for Humanity, Inc. He is personally known Sign~.ture of Person Taking Acknowtl)cd~mcnt Name of Acknowledger Typed, Pri~'~d or Stamped jd~grrgc/naples manor lakes/agree - 5 - EXHIBIT "A' LEGAL DESCRIPTION LOT 27 OF BLOCK 10, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - RESOI.UTION NO. 97- /,20 RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONF. RS. ('()I.I.IER COUNTY. FLORIDA, AUTHORIZING WAIVER OF REGIONAl. WA'I'I(R SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FF.F.S. LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAl. FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MF, I)I('AI. SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY IMMOKAI.F.t:. ttABITAT FOR HUMANITY, INC.. ON LOT 2. BLOCK 13. NAI'I.I!S MANt')R I.AKES, NAPLES, FLORIDA. WIIF. REAS, Collier County has recognized and attempted to address thc lack ,~f adequate and afford:lble housing for moderate, low, and very-low inctm~c households in the County and thc nccd I'or creative and mnovativc programs to assist in the provision of such housmg by including several provismns in thc Collier County Growth Management Plan. including: objective 1.4. policy 1.4.1: objective 1.5, pohcy 1.52. policy 1.5.3. policy 1.5.4. policy 1.5.5. policy 1.5.6; objective 1.6, policy 1.6.3; objecti,,'e 2.1. policy 2.1 .I. pohcy 2.1.2. imhcy 2.1.3. policy 2.1.5. and policy 2.1.6 of the ttousing Element: and WIIEREAS, Collier County, has rcccix'cd funding pursuant It) lhc Stmc l lm~,lng lmliall'.'c:, I'~rtncrship Program set forth in Section 420.907 I::t. seq., Florida Statutes and Chapter 91-37. I:lor~da ,.\dnlm~stratl~.c ('ode; and WIfEREAS. in accordance with Collier County Ordinance No. 93-19. thc ('tmnty ~s .'mthonzcd lo usc funding from the State }lousing Initiatives Partnership }SHIP] Program for waif. ers of('olher County .npact fees: and WttEREAS, Immokalee Habitat for Humanity, Inc. is seeking a waix'er of impact I'ccs: and WIIEREAS. Immokalee Habitat for tlumanity. Inc. will construct ~mc (11 three-bedroom unit (the "Dwelling Unit") on Lot 2. Block 13 Naples Manor Lakes which ~s proposed m sell lktr Flirty-Six 'l'h(msand l:lvc Hundred Dollars ($46,500.00); and WItEREAS, the Dwelling Unit will be purchased by a very Iow inc~m~c hm~schold which is required to invest a m~nimum of five hundred (500) hours of"Sweat Equity" before it obt:fins title to thc house: ami WHEREAS, Mr. Charles C. Smith. Vice President of [mrm)kalcc llabilat f(~r I lumanity. Inc. s~tbm~ttcd to the Office of Housing and Urban ImproYemcnt an .,\ffordablc l lousing Applicatmn dated 5;cl)tcmbcr .;t). 19')7 IYr a waiver of impact fees for thc construction of ;t house on l.ot 2. Block 13 Naples Nlan,.~r l.akc~, a c~iLv ,~1' ~aid application is on file in the ltousing and Urban Improvement Department: and WIIEREAS, in accordance with Section 3.04 of the Regional Water System Impact }:ce Ordinance, Ordinance No. 90-86, as amended; Section 3.04 or'the Regional Sewer System hr~pact Fcc ()rdinancc . ()rdmance No. 90-87. as amended; Section 3.04 o1' thc Library System Impact Fcc ()rtlinancc. ¢)rdm:~,'cc No. 88-97. ils amended: Section 4.05 of the ?arks and Recreational l:acilitics Impact [:cc ()rdin;m¢c. thdinancc N~. 88-9(',. as amended: Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. t~2-22, as amended: Scctmn 3.05 of Ibc Emergency Medical Services System Impact }"ce Ordinance, Ordinance No. 91-71. ;ts amended: and Sccmm 3.(15 of the Educational Facilities System Impact Fcc Ordinance, Ordinance No. 92-33, as amended: an applicant may obtain a waiver of impact fees by qualifying for a waiver: and 1 WHEREAS, lmmokalee Habitat for Humanity, Inc. has qualified for an impact fcc waiver bascd upon the following representations made by lmmokalee Habitat for I lumanity, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwe,ling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines cstablishcd in thc Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of thc owner. D. Thc Dwelling Unit shall remain affordable for fifteen (15) years from thc date thc certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ('OUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Manager to issue an Authorization for waiver of impact fees to Immokalee Habitat tbr llumanity, Inc. for one (1) house which shall be constructed on Lot 2, Block 13 Naples Manor Lakes, Collier County. Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Immokalee Habitat for ttumanity. Inc.. and/or ~he purchaser, or other documentation acceptable to the County Attorney, the Board of ('ounty ('omm~ssloncrs hereby authorizes the payment by Collier County of the following impact fees from thc Affordable tlousmg Trust Fund, Fund (191), in the following amounts for the one (11 house to be buih on Lot 2, Block 13 Naples Manor Lakes by lmmokalee ttabitat for Ilumanity, lnc.: Library Impact Fcc $ 180.52 tX. B. C. Road Impact Fee Parks and Recreational Facilities Impact Fee: (1) Community Parks (2) Regional Parks D. EMS Impact Fee E. Educational Facilities System Impact Fee F. Water Impact Fee G. Sewer Impact Fee TOTAL IMPACT FEES 3. 1,379.00 399.0O 179.00 14.00 1,77g.00 900.00 $1.340.0~ $6,169.52 The payment of impact fees by Collier County is subject to thc execution anti recordation of an agreement for waiver of Collier County Impact Fees between thc property owner and/or purchaser and the County. - 2 - This Resolution adopted after motion, second and majority vote favoring samc. A'I~T: '~' . ~ D~IGHT E.~BK~, C ~ ,. ~ '.':~. ~..,~ '~ A~oved as to fo~ and legal ~u~ci~cy: He~d~F.~shton ..... Assis~nt County Anomey BOARD OF COUNTY COMMISSIONERS COLLIEK.~OUNTY, FLORIDA Timothy L. l~ncocl~, (.~hairman / c/naples manor lake.qreso - 3 - EXHIBIT "A' LEGAL DESCRIPTION LOT 2 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 2, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this g__OMay of __"'fir_O't'-. 1997, by and~ ~,,, ''~,.. ~.. between the Board of County Commissioners of Collier Count>'. Florida. hereinafter referred to ~ ~ as "COUNTY" and lmmokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." WlTNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and ('oilier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occt, pied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact l'ees as required bv the Impact Fee Ordinance, a copy of said application being on file in the office of Housing anti Urban hnprovement; and WHEREAS, the County Manager or his designee has reviewed Ibc OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fcc Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - 16A3 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in its regular meeting of "~ ~ . 1997: and Resolution No. 97- 0 at WHEREAS, the Impact Fee Ordinance requires that thc OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the panics covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recilals arc true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in thc appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date thc certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants thc following: bo eo The Dwelling Unit shall be sold to a household with a very Iow income as defined in the appendices to the Impact Fee Ordinance and his/t'~er monthly payments to purchase thc Dwelling [5nit shall bc within the affordable housing guidelines established in thc appendices to thc Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be thc homestead of owner; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to thc Impact Fcc Ordinance. In return for the waiver of the impact fees owed by OWNER, - 2 - ]8A3 WHEREAS. the CO~TY approved ~ waiver of impac~ fees for OWNER embodied in at its regular meefing of ~..~ ~ 1997: and Resolution No. 97- WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the panics covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals arc true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in thc appendices to thc Impact Fee Ordinance for a period of fifteen (15) years commencing from the date thc certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants thc following: ao eo The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fcc Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in thc appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owcs impact fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, - 2 - OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in thc Impact Fcc Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling [.init must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, thc impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the ~ifective date of this Agreement; which lien may be foreclosed upon in the evenl of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of thc certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at thc expense of thc COUNTY. record any necessary documentation evidencing the termination of thc lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon thc parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In thc case of sale or transfer by gift of the Dwelling Unit, thc original OWNER shall remain liable flor the impact fees waived until said impact fees are paid in Full or until the conditions set Forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and - 3 - qualification criteria established in thc Impact Fee Ordinance and thereafter fails to pay thc impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of thc affordablc housing qualification criteria in thc Impact Fcc Orciinancc fi~r a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with tine said qualification criteria at any time during the fifteen (I 5) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that thc impact fees waived shall constitute a lien on the Dwelling Unit commencing on thc effective date of this Agreement and continuing for fifteen (I 5) years from the date of issuance of the certificate of' occupancy or until repaid. Such lien shall be superior and paramount to thc interest in thc Dwelling Unit of any owner, lessee, tenant, morlgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, thc Board may bring a civil action to enforce this agreement. In addition, thc lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for thc forcclosurc of mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at thc statutory rate judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the panics have executed this Agreement for Waiver of Impact Fees on the date and year first above written. OWNERS: IMMOKALEE tIABITAT [:OR HUMANITY. INC. / C~Cfiarles C~- Sm~[h/We Preside~ - 4 - DATED: ~ ATTEST<'; ~ DWIGHT E. BROGK, Cl~k ,/?,,' , . ,- Approv~.~ to. legal sufficimcy H~idi ~-. Xsh{on Assistant County Attorney 16A3 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: .~. .' ....;/ //;' T~t/nothy CFl~nc/oc~<~ Chairman STATE OF ElmSxla~) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this by Charles C. Smith, to me. [NOTARIAL SEAL] ~day of ~/~-- ~,'~'~, --', 1997, Vice President of Immokalee Habitat for Humanity, Inc. He is personally known Sign~d'o£ Person Taking Acknowledgment .; Name of Acknowtedger Typed, Printed o/r Stamped jddgnVc/naples manor lakes/agree - 5 - 1 A3 EXHIBIT "A' LEGAL DESCRIPTION LOT 2 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PI.AT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIF. R COUNTY FLORIDA. - 6 - RESOLUTION NO. 97-/,,2 1 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS. ('OLI.IF.R COUNTY. FLORIDA. AUTHORIZING WAIVER OF REGIONAl. WATF. R SYSTEM IMPACT FEES, REGIONAL SEWER SYSTF. M IMPA('T FF. ES. LIBRARY SYSTEM IMPACT FEES. PARKS AND RECRF. A'FIONAI. FACILITIES IMPACT FEES. ROAD IMPACT FEES. EMERGEN('Y M I'~I)ICAI. SERVICES IMPACT FEES AND EDUCATIONAl. FACII..ITIF. S SYSTEM IMPACT FEES FOR ONE tlOUSE TO BF. CONSTRIJCTED BY IMM()K:\I.I:I( ttABITAT FOR HUMANITY, INC., ON LOT 3. BI.OCK 13. NAPI.F.S MANOR LAKES, NAPLES, FLORIDA. WItEREAS, Collier County has recognized and attempted to address thc lack of adcquatc anti affordable housing for moderat, e, Iow, and very-low income households in the County and thc need ftw creative and innovative programs to assist in the provision of such housing by including several provismns m thc ('oilier ('ounly Growth Management Plan, including: objective 1.4, policy 1.4.1: objective 1.5. policy 1.5.2. ImJicy 1.5.3. policy 1.5.4, policy 1.5.5. policy 1.5.6; objective 1.6, policy 1.6.3: objeclive 2.1. policy 2. I.I. policy 2.1.2. policy 2.1.3. policy 2.1.5, and policy 2.1.6 of the }lousing Element: and WItEREAS, Collier County has received funding pursuant to the State Ilousing Initiatives Partnership Program sel forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37. l:lorida Administrative ('ode: and WlIEREAS, in accordance with Collier County Ordinance No. 93-10. cbc ('ounty ts authorized m use funding from the State Itousing Initiatives Partnership [SttlP] Program for waivers of f'ollier ('mmty impact fees: and WHEREAS, [mmokalee tlabitat for ttumanity, Inc. is seeking a ~valver ,)f impact Ii:cs: :md WtlEREAS, Immokalee Habitat for tfumanity, Inc. will construct one (I) !hree-bcdrmm~ unit (thc "Dwelling Unit") on I.ot 3, Block 13 Naples Manor Lakes which is proposed to sell for Forly-Six Thausand Five Itundred Dollars ($46,500.00); and WIIEREAS, the Dwelling Unit will be purchased by a very Iow income household which is required to invest a minimum of five hundred (500) hours of "Sv, eat Equity" befbre it obtains nile to thc h{n~sc: and WIIEREAS, Mr. Charles C. Smith. Vice President of lmmokalee Ifabitat l'()r [lumanity. hie.. submitted lo the Office of }lousing and Urban Improvement an Affordable Itousing Applicatmn dated September 30. 1997 fi~r :: wawer of impact fees for the construction ora house on Lot 3, Block 13 Naples Manor I.akcs, a copy of said application is on file in the Housing and Urban Improvement Department; and WItEREAS, in accordance with Section 3.04 of the Regional Water System Impact Fee Ordinance, Ordinance No. 90-86, as amended; Section 3.04 of the Regional Sewer System hnpac! }:ce ()rdinancc . ()rdinance No. 90-87, as amended: Section 3.04 of the Librao' System Impact Fcc Ordinance. ()rdinancc No. ,"18-97. as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee tJrdmancc, ()rdinancc No. 88-96. as amended; Section 3.04 of the Road Impact Fee Ordinance. Ordinance No. 92-22, ;~s :m'~endctt: 5, cclion 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71. as amended: and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33. as amcmtcd: an apphcanl may obtain a waiver of impact fees by qualifying for a waiver; and t_&A3 WHEREAS, lmmokalee Habihat for Humanity, Inc. has qualified for an impact fee waiver based upon the following representations made by Immokalee ttabitat for I-lumanity, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very. Iow income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead ofthe owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from thc date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY ('OMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes Ihe County Manager to issue an Authorization for waiver of impact fees to Immokalee ttabitat for l lumanity. Inc. foF one (1) house which shall be constructed on Lot 3, Block 13 Naples Manor l.akcs. Collier ('otmty. Florida. 2. Upon receipt by the ltousing and Urban Improvement Director o1' an agreement lbr waiver of impact fees signed by Immokalee Habitat for ttumanity, Inc.. and/or thc purchaser, or other documentation acceptable to the County Attorney. thc Board of County ('ommissioncrs hereby authorizes the payment by Collier County of the following impact fees from lhe Affordable tlousing Trust Fund, Fund (191), in the following amounts for the one (I) house to be built on Lot 3. Block 13 Naples Manor Lakes by Immokalee ttabitat for ltumanity. Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: ( 1 ) Community Parks 399.00 (2) Regional Parks 179.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 900.00 G. Sewer Impact Fee $1.340.~ TOTAL IMPACT FEES $6,169.52 3. The payment of impact fees by Collier County is subject to the exccunon and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. This Resolution adopted after motion, second and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA/ Ti mat~ L. ~,nc~,'C~a i~ a n / Approved as to form and legal sufficiency: lteidi f. Ashton Assistant County Attorney c/naples manor lakes/reso 10A3 '' EXHIBIT "A" LEGAL DESCRIPTION LOT 3 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PI.AT BOOK 3, AT PAGE 86, OF TIlE PUBLIC RE. CORDS OF COLLIER COUNTY FLORIDA. AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES 'Vnis Agreement for the Waiver of Impact Fees entered into this,t~-day o f "~2_,~,~ 1997, by and between the Board of County Commissioners of Collier County, Florida, hercinaftcr referred to as "COUNTY" and lmmokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amcndcd, thc Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fcc Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Inlpact Fcc Ordinance'. Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact [-'ce Ordinance; (]'oilier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance: and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fcc Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS. OWNER has applied For a waiver of impact fees as required bv thc Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of thc requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - I - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 97-_ff_gZ___ at its regular meeting of.__~ ~ , 1997; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: i. RECITALS INCORPORATED. The foregoing recitals are tree and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in Ire appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very Iow income as defined in the appendices to the Impact Fcc Ordi,mncc and his/her monthly payments to purchase the Dwelling Unit stroll be within thc affordable housing guidelines established in tim appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. l'he Dwelling Unit shall be the homestead ot'owner: d. The Dwelling Unit shall remain as affordable housing for liliecn (15) years from the date the certificate of occupancy is issued For the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER. - 2 - O o OWNER covenants and agrees to comply with the affordablc housing impact fee waiver qualification criteria detailed in thc Impact Fcc Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to thc impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after thc date thc certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, thc impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwcllirlg Unit on thc effective date of this Agreement; which lien may be foreclosed upon in thc event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of thc Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of thc COUNTY. record any necessary documentation evidencing the termination of the lien, including, but not ~ limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the panics to this ~ Agreement and their respective heirs, personal representatives, successors and assigns. In thc ~ case ofsale or transfer by gift of the Dwelling Unit, thc original OWNER shall remain liable for co the impact fees waived until said impact fees are paid in full or until ~he conditions set Ibnh in ,,,x::> the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run w/th irc land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. I0. RECORDING. lhis Agreement shall be recorded by OWNER at thc expense of OWNER in the Official Records of Collier Count>,, Florida. within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. il. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and - 3 - qualification criteria established in thc Impact Fcc Ordinance anti thereafter Fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance For a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with thc said qualification criteria at any time during the fifteen (I 5) year period or should OWNER violate any provisions of this Agreement, thc impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that thc impact fees waived sl~all constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should thc OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF. the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: ,~rint Name /~i a,,,a, ,,, ,~_ ~_ ,,~, ,', IMMOKALEE HABIT.,\T FOR HUMANITY. INC. / / BY: ,' ',' C a3es C. S ,th. Vj,&-P dent 0 o o - 4 - DgZIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Heidi F. Ash[on Assistant County Attorney 16A3 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Timothy/I,I/I-fancoc'k, Chairman -- STATE OF Florida ~) COUNTY OF ~) The foregoing instrument was acknowledged before me this r7~ day of~fi'c,/~r'r'. 1997, by Charles C. Smith, Vice President oflmmokalee Habitat for Humanity, Inc. He is personally known to me. [NOTARIAL SEAL] S~mre of Person ~'-~king Ackflrowledgment Name of Acknowledger Typed, Prinl,~d or Stamped O o jcl/gm/c/naples manor lakes/agree - 5 - · 16A3 ~' EXHIBIT "A' LEGAL DESCRIPTION LOT 3 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - RESOI.UTION NO. 422 RESOLU'FION OF THE BOARD OF COUNTY ('OMMISSIONF. RS. ('()lA.Il.iR COUNTY. FLORIDA, AUTItORIZING WAIVER OF RI£GIONAI, WATF. R SYSI'EM IMPACT FEES. REGIONAl. SEWER SYSTEM }MI'ACT Fl!liS. I.IBRARY SYSTEM IMPACT FEI-~S. PARKS AND RECREATIONAl. FACILITIES IMPACT FEES, ROAD IMPACT FliES. EMERGF. N(",' SERVICES IMPACT FEES AND F. DUCATIONAI. I:ACILI'FIIiS SYSTEM IMPACT FEES FOR ONE }lOUSE '1'O BE CONSTRUCTED BY IMMOKAI.liI! tlABITAT FOR ilUMANITY. INC..'.. ON LOT 4. BLOCK 13. NAPI.ES MAN( LAKES. NAPI.ES. FLORIDA. WIIEREAS, Collier County has recognized and attempted m address thc lack of adequate and affordable housing for moderate, Iow. and very-low income households in the ('ounly anti thc need for crcatwc and innovative programs to assis! in lhe provision of such housing by including several pro,.'~s{ons m thc ('oilier ('otmlv Management Plan, including: objectP.'e 1.4. policy 1.4.1: objective 1.5. policy 1.5.2. p,*hcy 1.5.3. pohcy 1.5.4. policy 1.5.5. policy 1.5.6: objective 1.6. policy 1.6.3: objective 2.1. pohcy 2.1.1. pohc.v 2.1.2. pohcy 2.1.3. policy 2.1.5. and policy 2.1.6 oflhe tlousing Element: and WIIEREAS, Collier County has received funding pursuant to the State I{ouslng lnmativcs Partnership Program set forth in Section 420.907 et. se~. Florida Statutes and Chaplet 91-37. I:i~nda Admmtstrat~vc < 'ode: and WHEREAS. in accordance ,,vilh Collier County Ordinance No. 03-1~1. !he <'otmtv ~s authorlzt:d to usc funding from the State liousing Initiatives Partnership [SIIIP{ Program for wa~crs ,,f <',+lller ('ounly impacl Ices: and WHEREAS. Immokalee Habitat for I lumanity. Inc. is seeking a waiver ~,1' iml'~act fees: and WIIEREAS, Immokalee Habitat for tlumanity. Inc. w~ll construct one ~l) Ihtcc-bcdroom unit (the "Dwelling Unit") on Lot 4. Block 13 Naples Manor Lakes which is proposed to sell Ii~r Forty-Six I'hou,.and ltundred Dollars (S46,500.00): and WH}iREAS, the Dwelling Unit v, ill be purchased by a very !ow mcotnc housc}~o]d w}llc}~ is required ~nvest a nnmmum of five hundred ('500) hours of"Sweat Equil? before it obtams lit{c t~} l}~c hot,sc: and WHEREAS. Mr. Charles C'. Smith. Vice President of lmmokalee Habitat Ibr llumanily. Inc.. subm/ucd the Office of Housing and Urban Improvement an Affordable I{ousmg Applicatmn dated September 30. 1997 {bt a waiver of impact fees for the construction of a house on Lot 4. Block 13 Naples Manor I.akcs. a copy of said application is on file in the }lousing and Urban Improvement Depurtmen{: and WHEREAS, in accordance with Section 3.04 of the Regional Water Syslem Impacl Fee {)rdmance. Ordinance No. 90-86. as amended: Section 3.04 of Ibc Reg)onal Sewer System Impact Fcc ()rdmancc . ¢)rdtnancc No. 90-87. as amended: Section 3.04 of thc I.d}rarv System Impacl Fee (.}r<hmmcc, (>rdmancc No. ,".:8-97. as amended: Section 4.05 of the Parks and Recreational Facihties Impact Fee Ordmancc. <)rdmancc No. 8:8-96. as amended: Section 3.04 of the Road Impact Fee Ordinance. Ordmance No. 92-22. a'~ amended: Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance. Ordinance No. 91-71. as amcmlcd: :,nd Sccli,m the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33. as amended: an apphcant may oblain a waiver of impact fees by qualifying for a ~vaivcr: and - 3. - WHEREAS, Immoka]cc tlabitat for tlumanity. Inc. has qualified fi)r an m~pact I'ec waiver based upon thc roi|owing representations made b7 Immokalee Habitat for Humanity. Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelfing Unit shall be sold to a household with a reD' Iow income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and thc monthly payment to purchase the unit must be within the affordable housing guidelines established in thc Appendices to Ire respective impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from thc date the eerlificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY ]'tiE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. Thc Board of County Commissioners hereby authorizes thc County Manager to issue an Authorizalion for waiver of impact fees to Immokalee Itabitat for [lumanity. lac. for one (1) h<~use which shall be constructed on l.ot 4. Block 13 Naples Manor [.akes. Collier Cot,nty, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Immokalee Itabitat for Humanity. Inc.. and~or the purchaser, or other documentation acceptable to the County Attorney. the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from lhc Affordable l lousing Trust Fund, Fund ('191), in the following amounts for the one Il) house to be built on l.ot 4. Block 13 Naples Manor Lakes by lmmokalee Habitat for Humanity, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1.379.00 C. Parks and Recreational Facilities Impact Fee: ( I ) Community Parks 399.00 (2) Regional Parks 179.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1.778.00 F. Water Impact Fee 900.00 G. Sewer Impact Fee 51.3,t0.00 TOTAL IMPACT FE ES $6,169.52 3. The payment of impact fees by Collier County is subject to thc executmn and recordation of an agreement for waiver of Collier County Impact Fees between thc property owner and/or purchaser and the County.. - 2 - This Resolution adopted after motion, second and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Timothy L. l~n~o¢l~, Chairman / c/naples manor lakes/reso - 3 - EXHIBIT "'A' LEGAl, DESC~ON LOT 4 OF BLOCK 13. NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF. AS RECORDED IN Pi.AT BOOK 3, AT PAGE 86. OF TIlE PUBLIC RECORDS OF COI.LIER ('OI;NI'Y FLORIDA. AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thisg_~v, lay of '~a-t,--, 1997, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." W ITN ES S ET H: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier Cr, unty Regional Water System Impact Fee Ordinance; Collier Count.,,' Ordinance No. 90-87, as mended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, thc Collier County Emergency Medical Services System. Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, thc Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities Systcm Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by lhc Impact Fee Ordinance, a copy of said application being on file in thc office of }lousing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed thc OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying thc project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 97- ~.,~..~ at its regular meeting of_~ ~ , 1997; and WHEREAS, the Impact Fcc Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, thc parties covenant and agree as follows: 1. RECITALS INCORPORATED. Thc foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. Thc legal description of thc dwelling unit (thc "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that thc Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in thc appendices to thc Impact Fee Ordinance for a period of fifteen (15) years commencing from thc date thc certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: co The Dwelling Unit shall be sold lo a household with a very. Iow income as defined in the appendices to the impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to thc Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer: The Dwelling Unit shall be the homestead of owncr: The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for ~he Dwelling Unit; and OWNER is the owner of record of the Dwelling Llnit and owes impact fees in the total amount of $6,169.52 purst,ant to the Impact Fcc Ordinance. In return for the waiver of the impact fees owed by OWN.ER. - 2 - OWNER covenants and agrees to comply with tl'~c affordable housing impact fee waiver qualification criteria detailed in thc Impact Fcc Ordinance. 5. SUBSEQUENT TRANSFER. IfOWNER sells the Dwelling Unit subject to thc impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the impact Fcc Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fiflecm (15~ year period after thc date thc ceP..ificatc of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7, LIEN, Thc waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in thc event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of thc certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at tt~e expense of the COUNTY. record any necessary documentation evidencing the lermination of thc lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the panics to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of thc Dwelling Unit, tile original OWNER shall rcmai:~ liable for the impact fees waived until said impact fees are paid in full or ut~til thc condition,s set forlh thc Impact Fee Ordinance arc satisfied. In addition, this Agreeme~t shall run with the land and shall remain a lien against the Dwelling Unit until thc provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at thc expense of OWNER in the Official Records of Collier County, Florida, witt~in fifteen (.15) days after execution of this Agreement by the Chairman of thc Board of County ('omnfissio~ers. 11. DEFAULT. OWNER shall be in default of this Agreement(I) where OWNER fails to sell the Dwelling Unit in accordance with tile affordable housing standards and - 3 - qualification criteria established in the Impact Fcc Ordinance and thereafter fails to pay thc impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the propen, y fail to comply with the said qualification criteria at any time during the fifteen (I 5) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except thc lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER bc in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at thc slatutoD' rate judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF. the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: IMMOKALEE HABITAT FOR ttUMANITY, INC. ,.,/ / ,/ / - 4 - Heidi F. Astiton Assistant County Attorney 16A$ BOAI:LD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:~'--'~-~-~ Timothy/E. Hancock. Chairman STATE OF EI~) COUNTY OF ~Ili~r.~) The foregoing instrument was acknowledged before me this by Charles C. Smith, to mc. [NOTARIAL SEAL] ~day of ~.~_.d:~=d., 1997, Vice Pr~ident oflmmokalee Habitat for Humanity, Inc. He is personally known Sign~ of Person Taking Ackno,,~ledgmcnt Nam~ of Acknowledger Typed P, a"nted or Stamped o id/gm/c/naples manor lakes/agree - .5 - EXttlBIT "A" LEGAl, DESCRIPTION LOT4 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK TItEREOF, AS RECORDED IN PI.AT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - RESOI.IJTION NO. 97- 623 RESOLUTION OF ]'liE BOARD OF COtlNTY ('OMMISSION[':P,S. ('OI.[.IF.P, COUNTY, FLORIDA, AUT}{ORIZING WAIVER OF REGIONAl. WATER SYSTEM IMPACT FEES. REGIONAL SEWER SYSTEM IMPACT FEES. LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD 1MPACT FEES. EMERGENCY MEI)ICAI. SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY IMMOKAI.EIi I-IABITAT FOR ItUMANITY, INC.. ON LOT 5. BI.OCK 13. NAI'I.ES MANOR LAKES, NAPLES. FLORIDA. WItEREAS. Collier County has recognized and attempted to address thc lack of adcquatc anti affordable housing for moderate, low, and very-low income households in the County and thc nccd fi)r creative and innovative programs to assist in the provision of such housing by including sc;'cral provismns in thc ('oilier ('ounty (irowth Management Plan, including: objective 1.4. policy 1.4.1; objective 1.5. policy' 1.5.2. policy 1.5.3. policy 1.5.4. policy 1.5.5. policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1. policy 2.1.1. pohcy 2.1.2. pohcy 2.1.3. pollo;' 2.1.5, and policy 2.1.6 of the }lousing Element: and WItEREAS, Collier County has received funding pursuant to the State }lousing Iniliativcs I'artncrship Program set forth in Section 420.907 ct. seq.. Florida Statutes and ('haptcr 91-37, Fh)rida Administrative (.'{)dc: and WHEREAS, in accordance with Collier County Ordinance No. 93-19. thc ('ounty is authorlTctl lo usc funding from the State }lousing Initiatives Partnership [SHIP] Program lbr wav.'crs of ('oilier ('cmnty m~pact lkcs: and WHEREAS, [mmokalee tlabitat for ttumanity, Inc. is seeking a waiver of impact fees: and WHEREAS, lmmokalee Itabitat tbr Ilumanity, Inc. will construct one (1)three-bedroom uml (tile "Dwelling [)'nit") on Lot 5, Block 13 Naples Manor I.akes which is proposed to soll fi)r Forty-S,x '['}:ousand l:ivc tlundred Dollars ($46,500.00); and WIIEREAS, the Dwelling Unit ''vfll be purchased by a ','cO' lox,,' income }muschold which i-: required to invest a minimum of five hundred (500) hours of "Sweat F. qu~ty" before it obtains lille I~ thc hot,sc: anti WHEREAS, Mr. Charles C. Smith. Vice President of Immokalee Ilabitat li)r Ilumamty. Inc.. suhmlttcd to the Office of ttousing and Urban Improvement an Aflbrdable Housing Applicamm dalcd Scplcmbcr 30. 1997 for a waiver of impact fees for the construction of a house on Lot 5. Block 13 Naplcs Man,~r l.akcs, a copy of said application is on file in the l lousing and Urban Improvement Departmenl; and WHEREAS, in accordance with Section 3.04 of the Regional Water System h'npacl Fcc ()rdinancc. Ordinance No. 90-86, as amended; Section 3.04 of the Regional Sewer System Impact Fcc ()rdmancc . t)rdtnancc No. 90-87, as amended; Section 3.04 of the Library System Impact Fee Ordinance. Ordinance No. 88-97. as amended; Section 4.05 of lhe Parks and Recreational Facilities Impact Fee Ordinance. Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended: Section 3.05 of {lie Emergency Medical Sen'ices System Impact Fee Ordinance, Ordinance No. 9t-71. as amended: and Sccmm 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33 as anacnded: an applicant may oblam a waiver of impact fees by qualifying for a ~vaiver: and - 1 - following representations made by lmmokalce tlabitat for Humanity, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very', Iow income leYel as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase thc unit must be within the affordable housing guidelines established in thc Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the or, ncr. D. The Dwelling Unit shall remain affordable for fifteen (15) years from thc date thc cc~lificalc of occupancy is rssued. NOW TItEREFORE, BE IT RESOLVED BY TIlE BOARD OF (.'()tINT",' C(.)MMISSI(~NER,q (.)F COLLIER COUNq"Y, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes thc County Manager to issue an Authorization for waiver of impact fees. to Immokalee Habitat fi)r I lumanity, Inc. for one (1) house which shall be constructed on Lot 5, Block 13 Naples Manor l.akes. Collier County, Florida. 2. Upon receipt by thc Housing and Urban lmproYement Director ol' an agreement fi:~r waiver of impact fees signed by Immokalee tIabitat for llumanity, Inc.. and,"(~r the purchaser, or other documentation acceptable to the County Attorney, thc Board of ¢'ounty ('omm~ssic, ners hereby authorizes the payment by Collier County of the t'oltowing impact IL'cs from thc Affi~rdablc flousmg Trust Fund, Fund (191), in the following amounts for the one (1,~ house to be built on l.ot 5, Block 13 Naples Manor Lakes by lmmokalee Habitat for ]lumanity, lnc.: A. Library Impact Fee S 180.52 B. Road Impact Fee 1,379.¢)0 C. Parks and Recreational Facilities Impact Fee: (1) Community Parks 399.00 (2) Regional Parks 179.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1.778.00 F. Water Impact Fee 900.00 G. Sewer Impact Fee Si .340.00 TOTAL IMPACT FEES $6,169.52 3. The payment of impact i%es by Collier County is subjecl to the execution and recordation of an agreement for waiver of Collier County Impact Fees between thc property owner and/or purchaser and the County. - 2 - Approved as to fo,-m and legal sufficiency: t '~'t( Asfiton Assistant County Attomey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FI. ORIDA By: T(m'oihy L. l-~n~-oc~ Cfiairr~an / c/naples manor lakes/reso - 3 - EXtIIBIT "A" LEGAL DESCRIPTION LOT 5 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 4 - AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this q_..,~day of_~ 1997. by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." WlTNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fcc Ordinance; Collier County Ordinance No. 90-87. as amended, the Collier County Regional Sewer System impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fcc Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fcc Ordinance; and Coil/er County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as rcqtJired by the Impact Fee Ordinance, a cop3' of said application being on file in the office of fIousing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with thc requirements for an affordable housing wai~,cr el' impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of thc requisite impact fees subject to satisfaction of all criteria in the Impact Fcc Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS. the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 97-~ at its regular meeting of '"2)~/ot , 1997; and WHEREAS, the Impact Fcc Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of thc foregoing recitals, thc parties covenant and agree as follows: I. RECITALS INCORPORATED. The foregoing recitals arc true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "l)welling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to thc Impact Fee Ordinance for a period of fifteen (! 5) years commencing from the date thc certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very Iow income as defined in the appendices to the Impact Fee Ordinance and his;her monthly payments to purchase thc Dwelling l?nit shall bc within the affordable housing guidelines established in the appendices to thc Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead ofowner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling [..Init; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to thc Impact Fcc Ordinance. In retum for thc waiver of the impact fees owed by OWNER. - 2 - OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in thc Impact Fcc ordina,~ce. 5. SUBSEQUENT TRANSFER. IfOWNER sells the Dwelling Unit subject to thc impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on thc effective date of this Agreement; which lien may be foreclosed upon in thc event of non.compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of thc Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at thc expense of thc COUNTY, record any necessary documentation evidencing the termination of thc lien. including, but not limited to, a release of lien. 9. BINDING EFFECI. This Agreement shall be binding upon thc parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of thc Dwelling Unit, thc original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until thc conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with thc land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 arc satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at thc expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days alter execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and - 3 - qualification criteri~ established in thc Impact Fee Ordinancc and thcrcaflcr fails lo pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions ofthis Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non. compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agrcctncnt and continuing for fifteen (15) years from thc date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, thc lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the forcclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including auorncys fees, incurred by the Board in enforcing this agreement, plus interest at thc statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement fi~r Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: IMMOKALEE HABITAT FOR HUMANITY, INC. o o - 4 - Fl~i"d i 'F. Assistant County Attorney 16A BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLOP, IDA By: ~ Timothy ~. H~ancock, Chairm STATE OF ~) COUNTY' OF Collier ) The foregoing instrument was acknowledged before me this by Charles C. Smith, to me. [NOTARIAL SEAL] day ofd(~-~;~'~...-. 1997, Vice President oflmmokalee Habitat for Humanity, Inc. He is personally known Sign~"_5~ ;~ PerSOn Taking Acknowlc/dgment Name of A(~knowledger Typed, Printe/d or Stamped id/gm/c/naples manor lakes/agree - 5 - EXHIBIT "A' LEGAL DESCRIPTION LOT 5 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - RI:~SOLU'I'ION NO. 97- 624 RESOLUTION OF TIlE BOARD OF COUNTY (7OMMISSIONfiRS, ('O1.1.I1':1{ COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAl. WATF. R SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMI'ACT FEES. LIBRARY SYSTEM IMPAC'F FEES. PARKS AND RECREATIONAl. FACILITIES IMPACT FEES. ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAl. FACILITIF. S SYS'FF.M IMPACT FEES FOR ONE HOUSE TO BE CONSTRULYI'EI.~ BY IMM()KAI.I;.I:. IIABITAT FOR llUMANITY, INC.,ON LOT 17. BLOCK 13, NAPI.ES MANOR LAKES, NAPLES, FI.ORIDA. WIIF. REAS. Collier County has recognized and attempted to address the lack of adequate and housing for moderate. Iow, and very-low income households in thc County and thc need tk)r creative and innovative pro.ms to assist in the provision of such housing by including several prov~smns tn thc ('ollicr ('ounty (;rowth Management Plan. including: objective 1.4, ~licy 1.4.1: objective 1.5. pollcy 1.5.2. policy 1.5.3. policy 1.5.4, ~licy 1.5.5. policy 1.5.6: objective 1.6, ~licy 1.6.3: objective 2.1, policy 2.1.1. policy 2.1.2. policy 2.t.3. pohcy 2.1.5, and policy 2.1.6 of the tlousing Element: and WItEREAS. ('olhcr County has received funding pursuant to thc State Il,rasing Inlt~;~ttvcs t'arlncrshtp Program set fo~h m Section 420.907 ~t. seq.. Florida Statutes and Chapter 91-37. l'hmda Adnumstral~vc ( 'ode: and WtlEREAS. m accordance with Colhcr County Ordinance No. 93.19. thc ('ounty ~s auth{mzcd m usc funding from the State tiousing Initiatives Paflnership [SIlIP] Program l~r aatxcrs of ('olhcr ('ounty ~mpact lkcs: and WHEREAS. Immokalee tlabitat for Humanity. Inc. is seeking a wmxcr ~flmpact IL, cs: and WIIEREAS. Immokalcc Ilab~tat for }lumanity, Inc. w~ll construct one {11 three-bedroom umt ~thc "Dwelling Unit") on I.ot 17. BIt<k 13 Naples Manor I.akes which ts propo:4cd t. '.ell tYr }:orty-gix I'hous:md Iqvc }lundrcd Dollars {$46,500.~): and WIIEREAS, the Dwelling Umt will ~ purchased by a reD' Iow income household which is rcqmrcd Io revest a minimum of five hundred (5~) hours of "Sweat Equity" bctk~rc it obtains t~tlc m thc house: and WIIEREAS, Mr. Charles C. Smith. Vice President of Immokalcc llab~tat tbr }lum:m~ty. [nc. st:bmtttcd the Office of t[ousing and Urban Improvement an Affi~rdable [hmsmg Apphcal~on dated Ncptcmhcr x~}. waiver of impact fees for the constmctmn of a house on Lot 17. Block 13 Naples Manor l,akcs. ;~ oq~y application is on file in the }tousing and Urban Improvement Dcpa~mcnt; and WItEREAS, in accordance with Section 3.04 of the Regional Water System Impact Fcc ()rdmancc. ~dinance No. 90-86, as amended; Section 3.04 of the Regional Sewer System Impact Fcc Ordinance. {)rdinancc No. 90-87. as amended: Section 3.04 of the Libra~ System Impact Fee Ordinance. ()rdmancc No. 88-97, as amended; Section 4.05 of the Parks and Recreational [:acilitics Impact Fcc ()rdmancc. ()rchnancc No. 88-96. as am~ded; Section 3.04 of the Road Impact Fcc Ordinance, Ordinance No. 92-22. as amended; Section 3.05 of thc Emergency Medical Sec'ices System Impact Fcc Ordinance, Ordinance No. 91-71. as amended; and Section 3.05 the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33 as amended: an applicant may obtain a waiver of impact fees by qualifying for a waiver: and - 1 - WIIEREAfi. Immokalee llabitat for tlumanity, Inc. has qualified fl)r an ~mpact fcc waiver based upon the following representations made by lmmokalce Ilabitat for Ilumanity. inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very Iow income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in Ibc Appendices to thc respective Impact Fee Ordinances. C. The Dwelling Unit shall be the tlomestead of the ox,mcr. D. The Dwelling Unit shall remain affordable for fifteen (15} years from the date the cerlificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: I. The Board of County Commissioners hereby authorizes thc County Manager to ~ssue an Authorization for waiver of impact fees to Immokalee ltabitat for tlumamty, Inc. fi>r one ( 1 ) house which shall be constructed on 1.or 17, Block 13 Naples Manor [.akcs, Collier ('ounty, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement lbr waiver of impact fees signed by lmmokalee ttabitat for Ilumanity, Inc., and..'or Ibc purchaser, or other documentation acceptable to the County Attorney, the Board of ('ounty Comnussioners hereby authorizes the payment by Collier Count)' of the following impact fees from the Affordable [lousing Trust Fund, Fund (191), in thc following amounts for the one (I) house to bc built on l.ot 17. Block 13 Naples Manor Lakes by lmmokalee ttabitat for ttumanity, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: ( 1 ) Community Parks 399.00 {21 Regional Parks 179.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 900.00 G. Sewer Impact Fee $1.340.00 TOTAL IMPACT FEES $6,169.52 3. The payment of impact fees by Collier County is subject to :he cxccutmn and rccordalion of an agreement for waiver of ('oilier County Impact Fees between thc propcr~y owner and/or purchaser and the County. - 2 This Resolution adopted after motion, s~cond and majority vote favoring same. Approvcd as to £orm and lcgal sufficicncy: Hcidi F-Ashton ' ' Assistant County Attorncy BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~m;thy L. ~n~ocl~, Chairman ' ? c/naples manor lakes/reso - 3 - 16A3 ' EXHIBIT "A" LEGAL DESCRIPTION LOT 17 OF BLOCK 13, NAPLES MANOR LAKES. ACCORDING TO THE PLAT BOOK THEREOF. AS RECORDED IN PLAT BOOK 3, AT PAGE 87. OF TIlE PUBLIC RECORDS OF COI.LIER COUNTY FLORIDA. AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this~_._i~'day of ~a-~. 1997, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as mended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, thc Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and v~q-IEREAS, OWNER has applied for a waiver of impact fees as required by tile Impact Fee Ordinance, a copy of said application being on file in thc office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed thc OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of thc requisite impact fees subject to satisfaction of all criteria in tile Impact Fee Ordinance qualifying thc project as eligible for an impact fee waiver; and - I - 3 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 97-_~ at its regular meeting of ~2_~:~a~,"~'a~Y , 1')97; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, thc parties covenant and agree as follows: I. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. Thc legal description of the dwelling unit (thc "Dwelling Unit"} is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to thc Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the cerfi ficate ofoccupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants thc following: a. The Dwelling Unit shall be sold to a household with a very Iow income as defined in the appendices to the Impact Fee Ordinance and his/q~cr monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines cstablished in thc appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead ofowner; d. Thc Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for thc Dwelling Unit; and e. OWNER is the owner of record of the Dwelliug Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In return for the waiver of thc impact fees owed by OWNER, - 2 - OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling LJnit must be utilized for affordable housing for a fifteen (15) year period after the date thc certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, 7. LIEN. The waived impact fees shall be a lien upon thc Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of tile Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of thc lien, including, but not limited to, a release of lien. 9, BINDING EFFECT. This Agreement shall be binding upon thc panics to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable For the impact fees waived until said impact fees are paid in Full or until thc conditions set forth in the impact Fee Ordinance are satisfied. In addition, this Agreement shall run x~ Jill the hind and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County. Florida, within tiftecn (151 days after execution of this Agreement by the Chairman of thc Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1~ where OWNER fails to sell the 12~,'eiling Unit in accordance with the affordable housing standards anti - 3 - 16A3 qualification criteria established in the Impact Fee Ordinance and thcreafler Fails to pay thc impact fees due within thirty (30) days of said non-compliance, or (2) whcrc OWNER violates one of the affordable housing qualification criteria in thc Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation· 12. REMEDIES. Should thc OWNER of the properly .fail to comply with thc said qualification criteria at any time during the fifteen (! 5) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that thc impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to thc interest in thc Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OVOqER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at thc statutory, rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and )'ear first above written. Witnesses: O'~WERS: IMMOKALEE HABITAT FOR HUMANITY. INC. ~ Charles C. Smithl V~c Prcside~at - 4 - Approved as~o~6rm and legal sufficiency Heidi F. Asnnton Assistant County Attorney 16A3 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 'i'ir~othy ~ZHancock, Chairman STATE OF ,~fiiia~) COUNTY OF 17a31i ,_ ) The foregoing instrument was acknowledged before me this ~ day of _/~"'. ~ A - ;~.~r~ , 1997, by Charles C. Smith, Vice President oflmmokalee Habitat for Humanity, Inc. He is personally known to me. [NOTARIAL SEAL] ent Name of Acknowledg~ Typed, Pnnt~:l or Stamped N,~', ~ ~.. ~P'~ ~T'E Q~' Fi X.,P.. IDA{ jcl/gm/c/naples manor lakes/agree - 5 - EXHIBIT "A' LEGAL DESCRIPTION LOT 17 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - RESOI.UTION NO. 97- 1425 RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS, COl.1.[ COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAl. WATER SYSTEM IMPAC-'rr FEES, REGIONAL SEWER SYSTEM IMPACT FEES. LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAl. FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MI:.DI('.,\I. SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTI.~M IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY [MMOKAI.[.~I:~ tlABITAT FOR HUMANITY, INC., ON LOT 18, BLOCK 13, NAPI.ES MANOR LAKES, NAPLES, FLORIDA. WttEREAS, Collier County has recognized and attempted to address thc lack ol' adequate and affi~rdablc housing for moderate, Iow, and very-low income households in the County and thc need for creative and inm~vat~vc programs to assist in the provision of such housing by including several provisions in thc Collier ('ot,nly (irowtb Management Plan. including: objective 1.4. policy 1.4.1: objective 1.5. policy 1.5.2. policy 1.5.3. pohcy 1.5.4. policy 1.5.5. policy 1.5.6: objective 1.6, policy 1.6.3; objective 2.1. policy 2.1.1. policy 2.1.2. policy 2.1.3. policy 2.1.5, and policy 2.1.6 of the }lousing Element: and WItEREAS, Collier County has received funding pursuant to thc Stale llousing Initiatives l'arlncrship Program set forth in Section 420.907 et. seq.. Florida Statutes and Chapter 91-37. l:lor~da Admmislrat~vc ( '¢~dc: and WIIEREAS, in accordance with Collier County Ordinance No. 93-19. thc ('ounly is authori/cd Io usc funding from the State ttousing Initiatives Partnership [SHIP] Program for wa~cr', ¢~f ('{~lhcr ('mmty tlnpact IL'cs: and WlIEREAS, lmmokalee ttabitat for ltumanity. Inc. is seeking a waiver or' tmp;~ct fees: and WHEREAS, Immokalee ttabitat for ltumanity, Inc. will construct one fl) three-bedroom t, mt 1thc "Dwelling Unit") on Lot 18, Block 13 Naples Manor Lakes which is proposed to sell I'm [:ort~/-Six l'h{,usand F~vc Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit w/Il be purchased by a ,,'er5' Iow income household x~hich invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains tttlc Io thc house: and WHEREAS, Mr. Charles C. Smith. Vice President of Immokalec itabitat for tlumanity. Inc.. submitted to the Office of }lousing and Urban Improvement an Affordable tlouslng Application dated September 30. 1997 for a waiver of impact fees for the construction of a house on Lot 18. Block 13 Naples Manor l.akcs, a c~py ~t' ~.aid application is on file in the }lousing and Urban Improvement Department: and WItEREAS, in accordance with Section 3.04 of the Regional Water System Impact Fcc ()rdinancc. Ordinance No. 90-86, as amended; Section 3.04 of the Regional Sewer System Impact [:cc ()rdinancc . ()rdmancc No. 90-87, as amended; Section 3.04 of the Library System Impact Fee ¢)rdmancc. ()rdinancc N¢~. 88-97. as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance. ¢)rdinancc Nt~. 88-96. as amended; Section 3.04 of the Road Impact Fee Ordinance. Ordinance No. 92-22. as amended: Section 3.05 o~' thc Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71. ;is amended: and Scction 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33..~s amended: an applicant may ,)btam a waiver of impact fees by qualifying for a waiver: and following representations made by Immokalee t labitat for Humanity. Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer, B. The Dwelling Unit shall be sold to a household with a very Iow income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and thc monthly paymen! to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. The Dwelling Unit shall be the llomcstcad of the owner. The Dwelling Unit shall remain affordable for fifteen (15))'ears from the date thc cemficate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY Tilt:, BOAR[) OF ('()UNTY C{}MMISSIONILRS OF COLLIER COUNTY, FLORIDA, that: I. The Board of County Commissioners hereby authorizes thc County Manager to issue an Authorization for waiver of impact fees to lmmokalee Habitat for ttumanily. Inc. for one ( 1 ) house which shall bc constructed on Lot 18, Block 13 Naples Manor Lakes. ('oilier ('ounty. Florida. 2. Upon receipt by the }lousing and Urban Improvement Director of an agrcc~ncnt for waiver of impact fees signed by immokalee Habitat for Humanity. lnc.. and,'or thc purchaser, or other documentation acceptable to the County Attorney. thc Board o1' County ('omm~ssioncrs hereby authorizes the payment by Collier County of the following impact fees from thc Affordable llousing Trust Fund, Fund (191), in the following amounts for the one (1) house to bc built on l.ot 18. Block 13 Naples Manor Lakes by Immokalee Habitat for I lumanity, Inc.: Library Impact Fee S 180.52 Road Impact Fee ,379.00 Parks and Recreational Facilities Impact Fee: (1) Commumty Parks 399.00 (2) Regional Parks 179.00 EMS Impact Fee 14.00 Educational Facilities System Impact Fee 1.778.00 Water Impact Fee 900.00 Sewer Impact Fee ~ TOTAL IMPACT FEES $6,169.52 The payment of impact fees by Collier County is subject to thc cxccutmn and recordation of an agreement for waiver of Collier County Impact Fees between thc property owner and/or purchaser and the County. - 2 - DWI~FIT ~ BROCK, Clerk_r , Approved as to form and legal sufficiency: H'ei~ti F~ Asht6n Assistant County Attorney BOARD OF COUNTY COMMISSIONERS Timothy L. H, ffncock, Chairman / c/naples manor lakes/reso - 3 - EXHIBIT "A' LEGAL DESCRI PTI ON LOT 18 OF BLOCK 13, NAPLES MANOR LAKES, ACCOILD1NG TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLI.IER ¢:OUN'I'Y FLORIDA. AGREEMENT FOR WAIVER OF COLI.IER COUNTY IMPACT FEES 16A3 This Agreement for the Waiver of Impact Fees entered into this q~:X~tay of ~'.-, 1997. by anti between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and lmmokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the (.'oilier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance: Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fcc Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fcc Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collcctivcly referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as rcquircd by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed fl~e OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of thc requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER cmbodicd in Resolution No. 97- ~/,,,%~' at its regular meeting of "~ a-t~,-,.~-~Y/ . 1997: anti WHEREAS, the Impact Fee Ordinance requires that thc OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing mad shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the ccrtificat¢ ofoccupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: ao eo The Dwelling Unit shall be sold to a household with a very Iow income as defined in the appendices to the Impact Fcc Ordinance and his.,q~cr m~mthly payments to purchase thc Dwelling Unit shall he within the affordable housing guidelines established in thc appcndiccs to thc Impact Fee Ordinance; The Dwelling Unit shall be sokl to a first-time home buyer; The Dwelling Unit shall be the homestead of owner; The Dwelling Unit shall remain as affordable housing lb, fifteen (15) years from the date the certificate of occupancy is issued for thc Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, - 2 - OWNER covenants and agrees to comply with thc affordablc housing impact fee waiver qualification criteria detailed in thc Impact t-cc Ordinance. 5. SUBSEQUENT TRANSFER, If OWNER sells the Dwelling Unit subject to thc impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must bc utilized for affordable housing for a fifteen (15) year period after the date thc certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in thc event of non-compliance with the requirements of this Agreement. 8, RELEASE OF LIEN. Upon satisfactory completion of thc Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of thc COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT, This Agreement shall be binding upon the par~ics to this Agreement and their respecti',e heirs, personal representatives, successors and assigns. In thc case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until thc conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with thc land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded bv OWNER al the cxpcnsc of OWNER in the Official Records of Collier County. Florida, within fifteen (15) clays after execution of this Agreement by the Chairman of the Board of County (,'ommissioners. !1. DEFAULT. OWNER shall be in default ofthis Agreement (I) where OWNER fails to sell the Dwelling Unit in accordance with thc affordable housing standards and - 2 - 16 3 qualification criteria established in thc Impact Fcc Ordinance and thereafter fails to pay thc impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with thc said qualification criteria at any time during the fifteen (I 5) year period or should OWNER violate any provisions ofthis Agreement, thc impact fees waived shall be paid in full by OWNER within thirty (30) days of raid non-compliance. OWNER agrees that thc impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in thc Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxcs and shall be on parity with the lien of any such County taxes. Should thc OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER. thc Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for thc foreclosure of a mortgage on real properly. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutoD' rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, thc parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: ) ~?nt Name ~'a,~,.-.~ r~,, /~e~ OWNERS: IMMOKALEE HABITAT FOR HUMANITY, INC. - 4 - DATED: DWi.GHT E. BR~ Cl~r~ A~roV~ ~ to fo~ ~d leal su~ci~cy He~dl F. Ashton Assistant County Attorney ]6A3 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Timothy/~ Hancock. Chairman STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ~ day of ~; 1997, by Charles C. Smith, Vice President oflmmokalee Habitat for Humanity, Inc. He is personally known to me. [NOTARIAL SEAL] Sign4j~~ing Acknowledgment ,',,,¢c,?. :..' Name of Acknowledger Typed, Printed 'or Stamped jd/gm/c/naples manor lakes/agree - .5 - EXHIBIT LEGAL DESCRIPTION LOT 18 OF BLOCK 13. NAPLES MANOR LAKES. ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - ]6A3 RESOLUTION NO. 97-__6__~6_.~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAl. WATER SYSTEM IMPAC~F FEES, REGIONAL SEWER SYSTEM IMPACT FEES. LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAl. FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAl. SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY IMMOKAI.EE HABITAT FOR HUMANITY, INC., ON LOT 36, BLOCK 13, NAPLES MANOR LAKES, NAPLES, FLORIDA. WHEREAS, Collier County has recognized and attempted to address thc lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2. policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Hou,~ing Element; and WHEREAS, Collier County has received funding pursuant to the Slate I lousing Im~ialivcs Parlncrship Program set forth in Section 420.907 e,l,_,SC~., Florida Statutes and Chapter 91-37, Florida Administrative ('ode; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County ~s authorized to use funding from the State tlousing Initiatives Partnership [SHIPJ Program for wa:vets of Collier ('ounty unpact fees: and WHEREAS, Immokalee Ilabitat for Humanity, Inc. is seeking a waiver of impact fees: and WHEREAS, lmmokalee ttabitat for ttumanity, Inc. will construct one (1) three-bedroom umt (the "Dwelling Unit") on Lot 36, Block 13 Naples Manor Lakes which is proposed to sell for Forty-Six Thousand [:ix',- Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low ,ncome household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house: and WlIEREAS, Mr. Charles C. Smith, Vice President of lmmokalee tlabitat for Ilumanity. Inc., submitted to the Office of Housing and Urban Improvement an Affordable }lousing Application dated September 30. 1997 for a waiver of impact fees for the construction of a house on Lot 36. Block 13 Naples Manor l.akes, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Regional Water System Impact Fee Ordinance, Ordinance No. 90-86, as amended: Section 3.04 of the Regional Sewer System Impact Fee Ordinance . Ordinance No. 90-87, as amended: Section 3.04 of the Library System Impact Fee Ordinance. Ordinance No. 88-97. as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance. Ordinance No. F, 8-96. as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22. as amended: Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, ordinance No. 91~71. as ay)ended: and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver: and WltEREAS, Immokalee ttabitat for Humanity, Inc. has qualified for an impact fcc waiver based upon thc follow/ng representations made by Immokalee Habitat for Humanity, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be .sold to a household with a very Iow income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase thc unit must be within the affordable housing guidelines established in thc Appendices Io the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen {15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE I1 RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA, that: 1. The Board of County Commissioners hereby authorizes thc r,.'~mnly Manager to issue an Authorization for waiver of impact fees to Immokalee ftabitat for ltumamty, Inc. ft~r one (1) house which shall be constructed on Lot 36, Block 13 Naples Manor l.akcs, Collier County. Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement t'or x~aivcr of impact fees signed by lmmokalce Habitat for ltumanity. Inc., and./or thc purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from thc Affordable l lousing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 36, Block 13 Naples Manor Lakes by Immokalee Habitat for ltumanity, Inc.: A. Library Impact Fee S 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: (1) Community Parks 399.00 (2) Regional Parks 179.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 900.00 G Sewer Impact Fee TOTAL IMPACT FEES $6,169.52 3. The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the properly owner and/or purchaser and the County. - 2 - 1 6A3''~ This Resolution adopted alter motion, second and majority vote favoring same. Approved as to form and legal sufficiency: A~i~tant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . T~mothy L~lanc-ock, Chairman o'naples manor lakc'sJreso - 3 - EXHIBIT "A' LEGAL DESCRIPTION LOT 36 OF BLOCK 13, NAPLES MANOR LAKES, ACCOP.DING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 4 - AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for thc Waiver of Impact Fees entered into this go,day of _'~--v-~ 1997, by and .,, between the Board of County Commissioners of Collier County, Florida. hereinafter referred to .~ as "COUNt" and Immokalee Habitat for Humanity, inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, thc Collier County' Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87. as amended, the Collier County Regional Sewer System Impact Fcc Ordinance; Collier Cou,~ty Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; anti Collier County ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fcc ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new ov.'ncr-occupicd dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of t lousing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fcc Ordinance qualifying thc project as eligible for an impact fee waiver; and - i - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 97-~ at its regular meeting of__.,~ ~ .1997: and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: I. RECITALS INCORPORATED. The foregoing recitals arc true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in thc appendices to thc Impact Fee Ordinance for a period of fifteen (15) years commencing from the date thc ccrtificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants thc following: ao bo eo The Dwelling Unit shall be sold to a household with a very Iow income as defined in the appendices to thc Impact Fcc Ordi,ancc and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buycr; The Dwelling Unit shall be the homestead of owner; The Dwelling Unit shall remain as affordable housing tbr fifteen (15) years from the date the certificate of occupancy is issued for thc Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of S6,169.52 pursuant to thc Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, o 0 0 - 2 - OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in thc Impact Fcc Ordinance. 5. SUBSEQUENT TRANSFER. IfOWNER sells the Dwelling Unit subject to thc impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of thc Agreement requirements and fifteen (15) years after the date of issuance of thc certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at thc expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon thc panics to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until thc conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run wilh thc land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at thc expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) clays after execution of this Agreement by the Chairman of the Board of County Commissioners. 1 I. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and - 3 - qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay thc impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with thc said qual!fication criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that thc impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to thc interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall bc on party with the lien of any such County taxes. Should thc OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, thc Board may bring a civil action to enforce this agreement. In addition, thc lien may be Foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real properly. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at thc statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agrccmcnt for \Vaivcr of Impact Fees on the date and year first above written. Witnesses: ~.~larint Name~,5'," 7 OWNERS: IMMOKALEE HABITAT FOR HUMANITY, INC. L- Charles C, Smith. Vice Pres~nt - 4 - Ar, sistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Timothy L/Hancock, Chairman STATE OF COUNTY OF ~Jlim~) The foregoing instrument was acknowledged before me this ~ day of~, 1997, by Charles C. Smith, Vice President of Immokalee Habitat for Humanity, Inc. He is personally known to me, [NOTARIAL SEAL] Sight Name of Acknowledger Typed, Printe~qr Stamped jd/gm/c/naples manor lakes/agree - 5 - EXHIBIT LEGAL DESCRIPTION LOT 36 OF BLOCK 13, NAPLES MANOR I.AKF~C;, ACCORDING TO THE PLAT BOOK TtIEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - B - I- '" . ' , 11. ;> RI.SOI.I:TIO:\:'>:O ')7. 427 RESOI.I!TION OF TilE BOARD OF COU:\TY' '(l\IMISSIO:\IRS.' C)[ I IIR COUNTY, FLORIDA. AUTlIORI7.I:\(i WAI\TR m RUdO:'>:AI 11..1 I IY SYSTEM IMPACT FEES, RUdO:'>:AL SEWER SYSTE\II\IPAC I HIS lIBRARY SYSTEM IMPACT FEIS. PARKS A:\D RECREXI 10:\\1 FACILITIES I\\PACT FEES. ROAD IMPACT FFES. E\IER(d'SCY \lIll1c II SERVICES IMPACT FEES A:\n ED'ICA TlO:\AI 1'.\CII.ITII.S SYS I 1\1 IMPACT FEES FOR ONE 1I01:SE TO BE CO:\STR' 'CTI.I) BY 1\I\lC ,1(.\1.1 I IIARlTAf FOR HUMANITY. l~('. os LOT .~!. HI.( )el\. l.~. :\:\1'I.I".S \1.-\,\()\{ Lt\KFS. ;,\::\PI.ES. l"LORfD:\ \VIIEREAS. ("o\l1cr County has Tccngnlled and a\lcmpli.'J III address IlK bek of adequate and allnrdohk housing for moderate. 10\\. and n:ry-l(m' Income h()u.~eholds In the ("nunt) ;lnt! the need tor neal1\'c and \nnm':JII\c programs 10 assist In the prOVISion of such hOUSing hy lm:ludlng sc\cTill pr()\'l\IOnS 111 the ('oll1er {'ounty (;rowlh Management Plan. Including: ohJectlve lA. poliCY \A.l: nhJcC\I\'l' IS polH.:~ \S2. polICY jj,.\. polley \S4. policy] .5.5. p(1l1cy 15.(,: nhlCC11\"C IJ1, policy lJd: OhJCCtl\'t. 2 I, policy 2 I !. pol1l'Y 2 I 2. poliCY ~,l ,,~. poliCY 2.\.5, and polley 2.1J) of the JlOUSlllg fJcml:ll1: ;md \VlIFREAS. Collier County has H'l'Ct\'cd fiJndtnt! purs\J:mt to thl' Swtc llnus\n~: lnltlail\'c" Partnershtp Program set forth in Secuon 420907 ~LM:Q.. FlOrida Statutt:s ~nd ('h"ptcr 91.) 7. 1'10mb :\dmlTll<.;lrat1\'l' ('mil:: and \VHEREAS. In accordanct: WI!h ("olller ('ounty OnJinaflcl: No. In-l I). the ('ollnty I... Julhort/cd to lIse funding from th[' Stale Housing InitJatl\'c~ PartnershIp lSlIlPj Prl\);r;Jnl for Wa1\TrS ui' ('nllll'! ('ounty Imp~L't kc~: and \V1Il.:RFAS. Immokalce IIablta! for Illlma01ty. lnc IS ;.Cl'kll1)! a wa1\'cr of 11111',1(1 r,.'c...: and WHEREAS. lmmobke Hilb1t3t for Ilumamty. Ine. wdl CC);lstrucl onc (11 lhrec-hedroul11 unit IIlw "Dwdlmg L'J1it") on l.nt '}.7. nlock JJ ;\iapics \-tanor Lakes which ,,; proposrd 1(1 ,\:li rIll ]'\lrlY-SI\1 hn\iSand !"H' Ilundred Dollars (546.500,00): Jnd \VHERE:\S. the Dwelling; l1mt will hc purchased h~ a \-ny low 11KOlllt' hO\l"t'hnld which IS rcqulred \0 U1\'est a minimum of fi\"(: hundred (SOU) h()urs of "Swea\ Equtly" hdure \1 obtai;;:, (Ilk lu the hllll"e: and \VIIl:REAS, l\fr. Charles C. Sml1h. \'Il'C Presll!cnt of lmllwkake llahtt;ll rnr liumanlt}". lnc "'llhnltl1ed to the Office of HOllsln!,: and Urh;m ImproYl..'mcnt an Affordable Iloustng Applt(Jtllm dated Septemher _Ill. 1\){J7 for a waiver of Impact fees I'm the constructIOn of a housc on l.ot )7. HInck 1~ :\apk" .\lanlH l.akt::s. a cnpy or S;\ld application is nn file m 1he Housing and Urban Improvement Department: aml WHEREAS. 10 accordance \vith SectIOn 3.04 of the RcglOnal Waler System Impact Fcc Ordmanee. Ordmanee No. 90-86. as amended; Section 3.04 of the Regional Sewer System Impacl Fcc (lrdinancc . (lrd\nancc ;~ll. 90.87. as amended: Sec!lon 3,04 of !he Library System Irnp;lct Fcc Orclin;lI1ce. (Jrd,ll:lm:c No S;';-97. as amended; Section 4.05 of the Parks and Recrc;lllonal Facill1it.... lmp.:lct Fcc Ordinance, Ord,nam:e No Sl"-9(1. as amended; Seclion 3.04 of the Road Impact Fcc Ordll1ance. Ordinance :.lo. n-22. as amcnded: Section .I,OS of the Emergency Medic;l1 ServIces System Impact Fee Ordmance. Ordinance No, 91- 71. as amended: aOlI Section .I,OS of the Educational Facilities Systcm Impact Fcc OrdInance. Ordinance No. 92-.13. as amcndcd: an :lppliCanl may obtain a waiver of Impact fees hy qualifying for a W:'l1\'er: and - 1 - ,,43 .~ \VHEREAS, Immokalcc lIabitat for Humanity. Ine. has qualdied for an Impact t\:c W,ll\TT ha:-.cd upon the following representations made by Immokalec Habitat for Humamty. Inc.: A. The Dwelling Unl! shall be sold \0 a nrst-tlmc home buyer. B. The Dwdiing Unit shall be sold to it household wnh a vcry low IJ1t:OI11C lncl as thaI tCf1l1 h defIned in the Appendices to the respective Impact Fee Ordmances and the monthly payment 10 pt;rchasc the Untt must be wlthm the affor(~<.lblc housing guidelmes CSlahl1shcd In the i\PP':m~\Ccs \0 the respective hnpact Fee Ordinances C. The Dwe\lm!! Unit shall be the Homestead of the owner D. "lllc D,vclling Llni! shaii remain alfordaolc for titkcn (1)) years from Ill<.': d;Jll' ,he (lTl:f!(:J:c \)1" occupancy is l~s\led. NOW THEREFORE, BE IT RESOLVED BY TlIE BOARD OF ,'O\i\JTY COMMiSSIONERS OF COLLIER COUNTY, FLORIDA, thUl: 1. The Board of County Cumrl1issioncrs herehy Julhmllcs the County ~\lan;ll!::r ((1 l~~,ue an r\utnnri.:ation for waiver of i:np:ll:t tct's to lmmoknkc Ilaolta\ fur lll.lrr.anl!~. ! n~' for one ( I ) hU\I:-c which sh:lll be \:~-'ns~f'Jctcd on Lot :17, Blo..:k 13 N:\pks ManO!" lakes. ('nJllcr ("ounlY. Flol id~l 2. Upon receipl by the I-lousing nnd Urban Impw\'cmcnt Director 1)( ;m agrcement fm \\.l!\TT elf Impact fees signed by Imn10kakc lIahitat for Humanity. ]nc.. ,l!1d'Of the purchaser. or other documentation acceptable to the COllnty Attorney, the HOMd of ("nun!)' ('(11ll1l1ISSlOllL'rs hcn:hy authOrizes the payment oy Collier County of the follOWing lmp.KI Il:cs from (he Afrordahk Ilousing Trust Fund. Fund (\ l) 1), tn the following amounts for the 0111.: (1) h'H1Sl' to he hullt 011 1(11 1, 7 Illock JJ Naplc:s Manor Lakes by Immok:.llee Habitat for lIumanity, Inc. A. Lihrary Impact Fcc S \ 80.52 R C. Road Impact Fcc P:uks and Rccrc:Jllonal Facilities 1.370()() D. Impact Fee: (\) CommunllY Parks (2) RegIonal Parks EMS Impact Fcc 309.00 179.00 14.00 E. Educational Facilitil's System Impact Fcc 1,77R.OO 900.00 ..s.1..HQ.QQ $6,169.52 F. Water Impact Fee Sewer Impact Fcc G. TOTAL IMPACT FEES 3. TIle payment of Impact fees by Collit.'r County is subject to the l'xeeutllm amI recordation of an agreement for waiver of Colller County Impact Fees bel ween the property owner and/or purchaser and the County - 2 - 16 A 3 This Resolution adopted after mOlion. second and majority VOle faVOring -"am~. ',: ~, : n " ;'. t', DATEP:1~/?7/ r . '~ ATTI!ST: , DWIGHT E. BROCK. Clerk " , ,. L 4;)~~0~:~~ ~ Approved as to form and legal sufficiency: 1/ ,-1,,1 I, r I I ''/, ..ti.L:...{d.:--+-~..J.,.. --' Heidi F. Ashton Assistant County Attorney cinaples manor lakes/re$o BOARD OF COUNTY COMMISSIONERS COLLIE COUNTY. FLORJ[)A ./'" / .iL' , ---;I .. / ,,',,{" ~~//----- -- By' ..~'{., ~:_ ') imothy L. an cock, Chairman I - 3 - 16A} EXHIBIT "A" LEGAL DESCRIPTION LOT 37 OF BLOCK 13, NAPLES MANOR LAKES. ACCORDING TO THE PLAT BOOK THEREOF. AS RECORDED IN PI,AT BOOK 3, AT PAGE 86. OF TIlE PUBLIC RECORDS OF COI.LIER COUNTY FLORIDA. 16A3 '' AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement t'or the Waiver of Impact Fees entered into this'/~eday of _~ a-~--. 1997. by and between the 3oard of County Commissioners of Collier County, Florida. hereinafter referred lo as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWN ER." WITNESSETII: WHEREAS, Collier County Ordinance No. 90-86, as amended, thc Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No, 9(I-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71. as amended, the ('oilier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; anti Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of tiousing anti Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in thc Impact Fee Ordinance qualifying thc project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 97-~ at its regular meeting of__~ 1997; Lind WHEREAS, the Impact Fee Ordinance requires that the OWNER cnler into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, thc parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (thc "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that thc Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in thc appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from thc date thc certificatc of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants thc following: a. The Dwelling Unit shall be sold to a houschol,t with a very low income as defined in the appendices to the Impact Fcc Ordinance and his/her monthly payments to purchase the Dwelling Uni! sl~all be within the affordable housing guidelines established in thc appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer: c. The Dwelling Unit shall be the homestead of owner: d. The Dwelling Unit shall remain as affordable housing lbr fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of S6.169.52 pursuant, lo thc impact Ordinance. In return for the waiver of the impact fees owed by OWNER. - 2 - O O'~NIER covenants m~d agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to thc impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen {15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such pcriod, the impact fee~ shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon thc Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of Iris Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to INs Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or trar~fer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions sci t'orth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense or' OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and - 3 - qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay tt~c impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12, REMEDIES. Should the OWNER of the property fail to comply with tlac said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date or' this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be itl default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement, in addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for tile foreclosure of a mortgage on real property. This remedy is cumulative with any olhcr right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutoD' rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: ,'~d'fi t Name~ OWNERS: IMMOKALEE IqABITAT FOR HUMANITY, INC. 1 (.~ ~hdrles C. S/mith, Vodc PrcsidC~nt - 4 - DATED: ~) ATTEST.: ~ 2, I~"~ ',, ApproCed~J ~rm and legal sufficiency Assistant County Attorney ;6A3 BOAFLD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By' _~~ '-~m°thl L.~a'~cock, Chairman / STATE OF E~) COUNTY OF The foregoing instrument was acknowledged before me this ~ day of ~_Z~, 1997, by Charles C. Smith, Vice President of Immokal¢¢ Habitat for Humanity, Inc. He is personally known to me. [NOTARIAL SEAL] Signa~merit Name of Acknowledger Typed, Printed dr Stampeu v.,, c:':,4;s'.".'.x ~XL~~ jd/gm/c/naples manor lakes/agree - 5 - EXHIBIT "A' LEGAL DESCRIPTION LOT 37 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - RESOI.UT1ON NO. 97- 428 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONF, RS. ('OI,I,II!R COUNTY. FLORIDA, AUTIIORiZlNG WAIVER OF REGIONAl, WATER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPA('T FF, ES. LIBRARY SYSTEM IMPACT FEES. PARKS AND RECREATIONAE FACILITIES IMPACT FEES. ROAD IMPACT FEES. EMERGENCY MEI)I('AI, SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTF, M IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY ttABITAT FOR HUMANITY. INC.. ON LOT 39. BI,OCK 13. NAPI,ES MAN'I )R LAKES. NAPLES. FLORIDA. WttEREAS, Collier County has recognized and attempted to address thc lack ,f adcqua~c and housing for moderate, low. and very-low income households in thc County and Ibc need for crcauvc and umovauvc programs to assist in the provision of such housing by including several provismns ~n thc Colhcr ('ounty ( ;rowth Management Plan, including: objective I.a. policy 1,4.1: objective 1.5. pohcy 1.5.2. policy 1.5.3. pohcy policy 1.5.5. policy 1.5,6: objective 1.6. policy 1.6.3: objective 2.1. pohcy 2.1.1. pohcy 21.2. pohcy 2.1.3. p,licy 2.1.5, and policy 2.1.6 of the Housing Element: and WHEREAS. ('oilier County has received funding pursuant lo the State fi,using ]nilHlllVeg I'arlncrship Program set forth in Section 420,907 el. seq.. Florida Statutes and ('hapter 91-37. FI,rida Admimstrahve ( 'ode: and WttEREAS. in accordance wilh Collier County Ordinance No. 93-19. the ('ounly ~s aufl~onzcd m use funding from the State ttousing Initiatives Partnership [SttlPI Program for waivers of ('alhcr ('ounLv m~pact fees: and WHEREAS. Immokalee Habitat for llumanity. Inc. is seekmg a waiver of impact fi:cs: anti WIIEREAS. Immokalee tlabitat for Humanity, lac, will construct one (I} three-bedroom Unlt (Ibc "Dwelling [Jnit") on Lot 39, Block 13 Naples Manor l.akcs which ts proposed to sell for Forly-Six Thousand Fwc Hundred Dollars (.~46.500.O0): and WHEREAS, thc Dwelling Unit will be purchased by a vet3,' low income household wh:ch ~s required to invest a minimum of five hundred (500) hours of"Sweat Equity" before ~t obtains lille 1o thc house: anti WHEREAS, Mr. Charles C. Smith, Vice President of Immokalee l-lab~tat for }{amatory. Inc.. submitted to thc Office of tlousing and Urban Improvement an Affordable tlousmg Applicat.~n dalcd Scptcmhcr .:,O. 1')')7 for a waiver of impact fees for the construction of a house on Lot 39. Block 13 Naples Man.r [.akcs. a copy of application is on file in the Housing and Urban Improvement Department; and WtIEREAS, in accordance with Section 3.04 of the Regional Water System h'npacl Fcc ()rdmance, Ordinance No. 90-86. as amended; Section 3.04 of the Regional Sewer System Impact Fcc { )rdmancc . t)rdmancc No. 90-87, as amended; Section 3.04 of the Eibrary System Impact Fee Ordinance. ()rdmancc No RS-97, as amended; Section 4.05 of Ibc Parks and Recrealmnal Facilities Impact Fee Ordinance. (}rdinancc No. b;g-96, ax amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22. as amended; Sccnon 3.05 of the Emergency Medical Sen'ices System Impact Fee Ordinance, Ordinance No. 91-71. as amemled; and Section 3.05 of the Educational Facilities System Impact Fee Ordnance, Ordinance No. 92-33. ax amended: an apphcant may obtain a waiver of impact fees by qualifying for a v, aiver: and WHEREAS, Immokalce Ilabital for ltumanity, Inc. has qualified for an impact fcc waiver based upon the following representations made by Immokalee Habitat for Itumanity. Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income lcvcl as that term is defined in the Appendices to the respective Impact Fee Ordinances and the m~mthly payment m purchase the unit must be within the affordable housing guidelines established in thc Ap¢cndiccs to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the llomestead oftbe owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date thc cer~ificatc of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The Board of County Commissioners hereby authorizes the County Manager to issue an Authorization for waiver of impact fees to lmmokalee Habitat for tlumanity. Inc. for one (1) house which shall be constructed on Lot 39, Block 13 Naples Manor Lakes, ("oilier ('ounty, Florida. 2. Upon receipt by the tlousing and Urban Improvement Direclor ~f an agreement impact fees signed by lmmokalee llabitat for Ifumanity, Inc.. and:'or the purchaser, or other documentation acceptable to the County Atlorncy, the Board of County ('omm~ssmncrs hereby authorizes the payment by Collier County of the following impact fees from thc Affi~rdablc I lousing Trust Fund, Fund {'191), in the following amounts for the one (l) house to be built on l.ot 39. Block 13 Naples Manor Lakes by Immokalee ltabitat for tlumanity. Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: (1) Community Parks 399.00 (2) Regional Parks 179.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 900.00 G. Sewer Impact Fee $1.340.00 TOTAL IMPACT FEES $6,169.52 3. The payment of impact fees by Collier County is subject to the execution and rccordatmn ,.d' an agreement for waiver of Colher County Impact Fees between thc propcr~y owner ancL:or purchaser and the County. - 2 - 1 6A3'" This Resolution adopted after motion, second and majority vote favoring same, BROCK, Clerk,C. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Ti'mr~th~; L.~an~c~c, dh;irman Approved as to form and legal sufficiency: Assislant County ARomey c/naples manor lakcs/reso EXHIBIT "A" LEGAL DESCRIPTION LOT 39 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUN'Dr' FLORIDA. AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver &Impact Fees entered into this q_,oeday of ~ 1097, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for tiumanity, Inc.. hereinafter referred to as "OWNER." WITNESSETI't: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 9f)-87. as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance: Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71. as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance: Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by Iht Impact Fee Ordinance, a copy of said application being on file in the office of }lousing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed thc OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of thc requisite impact fees subject to satisfaction of all criteria in the hnpact Fcc Ordinance qualifying thc project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 97-..~2,ff" at its regular meeting of___,~ ~.~r,,..~,~-.,t-~ ,1997; and WHEREAS, the Impact Fee Ordinance requires that thc OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the par~ics covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals arc true and correct and :;ball be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (thc "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to thc Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants thc following: ao b° The 12~'elling Unit shall be sold to a household wilh avco' low i~come as defined in the appendices to thc Impact Fee Ordinance and his/hcr monthly payments to purchase thc Dwelling [3nit shall bc within the affordable housing guidelines established in thc appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer: The Dwelling Unit shall be the homestead ofo~ncr: The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date thc certificate of occupancy is issued for thc Dwelling Unit; and OWNER is the owner of record of thc Dwelling tJnit a~a(t owes impact fees in the total amount of $6,169.52 pursuant to thc Impact Fcc Ordinance. In return for the waiver of the impact fees owed by OWNER. - 2 - 16A OWNER covenants and agrees to comply with thc affordable housing impact fee waiver qualification criteria detailed in the Impact Fcc Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, thc impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on thc effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactoD' completion of thc Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of thc lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In thc case of sale or transfer by girl of the Dwelling Unit, the original OWNER shall remain liable tbr the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with thc land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at thc expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) (lays after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and Cz> '0 - 3 - qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impacl Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with tine said qualification criteria at any time during the fifteen (I 5) year period or should OWNER violate any provisions ofthis Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non.compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) yearn from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, thc Board may bring a civil action to enforce this agreement. In addition, thc lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for thc foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including auomcys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgment~ calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement fi~r Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: IMMOKALEE HABITAT FOR HUMANITY, INC. o C~ ' t~'harles C. Smith, V/~e Presidlent {22:> - 4 - Assistant County Attorney 16A3 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF COLTNTY OF The foregoing inst.,'ument was acknowledged before mc this _iV__._ day of~, 1997, by Charles C. Smith, Vice President oflmmokalee Habitat for Humanity, Inc. He is personally known to me. [NOTARIAL SEAL] Si '~~ment Name of Acknowledger Typed, Pfintegl or Stamped · :' ,,' ";1. '.*I, 1 e.L~, :;:~>;:., .~)~[tr. ;7;,',~ OF n.OIb~,',t c, .,,v :.,';.c,t.; t,(., cc:?;-t~.~...~ J 0 jcl/gm/c/naples manor lakes/agree - 5 - 16A EXHIBIT "A" LEGAL DESCRIPTION LOT 39 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLI,IER COUNTY FLORIDA. - 6 - RESOLUTION NO. 97-_429 GA3 RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONt!RS. ('O[.I.IER COUNTY, FLORIDA, AUTIIORIZING WAIVER OF REGIONAl. \VATI'~R SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPA('I' FEF. S. LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAl. FACILITIES IMPACI' FEES, ROAD IMPACT FEES, EMERGENCY MEI)If'AI. SERVICES IMPACT FEES AND EDUCATIONAL FACII.ITIES SYSTEM IMPACT FEES FOR ONE [lOUSE TO BE CONSTRUCTED BY IMMOKALEE HABITAT FOR HUMANITY, INC.. ON LOT 40. BLOCK 13. NAI'I.ES MANOR LAKES, NAPLES, FLORIDA. WHEREAS, Collier County has recognized and artempted 'to address thc lack of adequate and affordable housing for mo(lerale, Iow, and very-low income households in the ('ounty and lhe need for creative and innovative programs to assist in the provision of such housing by including several prov~s,)ns m thc ('oilier County Growth Management Plan, including: objective 1.4, policy 1,4.1; objective 1.5, policy 1.5.2. policy 1.5.3, policy 1.5.4. policy 1.5.5, pohcy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1. policy 2.1.2. policy 2.1.3. [x~licy 2.1.5, and policy 2.1.6 of the ltousing Element: and WIIEREAS. ('oilier County has recc~vcd funding pursuant to thc State Ih~usmg Inflial~vcs l'arulcrshtp Program set forth in Section 420,907 et. seq.. Florida Statutes and Chapter 91-37. t:londa Administrative ('ode: anti WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County ~s authori~,ed to usc funding from the State }lousing Initiatives Partnership [SHIP] Program for walvcrs of ('olbcr County impact Ibc.s: and WHEREAS, Immokalce tlabitat for Ilumanity. Inc. is seeking a wai~'cr of impacl tL'c~: and WItEREAS. [mmokalee Habitat for ilumanity. Inc. will construct t,nc {I) thrcc-bcdrc, om t:nH (Iht ~Dwelling Unit') on Lot 40, Block 13 Naples Manor Lakes which is proposed to sell I'or [:orly-.glx '['hous;md Five ltundred Dollars ($46,500.00); and WtIEREAS, the Dwelling Unit will be purchased by a very low income household which is required tt~ invest a minimum of five hundred (500) hours of 'Sweat Equity" before it obtains I~tlc to thc house: anti WItEREAS, Mr, Charles C. Smith. Vice President of Immokalec tlabitat fi~r Ilumnnity. Inc.. submitted to the Office ofltousing and Urban Improvement an Affordable [lousing Application doled .%ptcmbcr 30. l~.~q7 fl~r a waiver of impact fees for thc construction of a house on l.ot 40. Block 13 Naples Manor l~:~kcs. ~ copy of ~.atd application ~s on file m thc Housing and Urban Improvement Department; and WIIEREAS. tn accordance with Section 3.04 of the Regional Water .";ystcm Impact I"cc ()rdma~cc, Ordinance No. 90-86, as amended: Section 3.04 of the Regional Sewer System Impact Fcc ()rdinancc . ()rdmimce No. 90-87, as amended; Section 3.04 of the Library System Impact Fee Ordinance. (')rdJnancc No. ~g.97. as amended: Section 4.05 of the Parks and Recreational Facilities Impact Fcc Ordin~mcc, ()rdinancc No. Sg-'~(,. as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22. as amended: Scctmtx 3.05 of thc Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71. as amended: and Section 3.¢)5 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended: an applicant may ohtam a waiver of impact fees by qualifying for a waiver; and - 1 - This Resolution adopled after motion, second and majority vole favoring samc. BOARD OF COUNTY C(}MMISSIONERS COLLIEILF..OUNTY, FLORIDA By:~' - 3 - 16 3 WHEREAS. Immokalee Habitat for Humanity, Inc. has qualified for an impact fee waiver based upon thc following representations made by lmmokalee Habitat for Humanity. Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very Iow ~ncome level as that term is defined in the Appendices to the respective Impact Fee Ordinances and thc monthly payment to purchase the unit must he within the affordable housing gmdelines establ,shed in the Appendices lc, the respective Impact Fee Ordinances. C. The Dwei;mg Unit shall be the Homestead of the owner. D. The Dwelling Unit ah,all remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The Board of County Commissioners hereby authorizes lhe County Manager to issue an Authorization for waiver of impact fees to lmmokalee Habitat for Humanity. Inc. for one { I ) house which shall be constructed on Lot 40, Block ] 3 Naples Manor Lakes. Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by lmmokalee ttabitat for tlumanity, Inc.. and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of Counly Commissioners hereby authorizes the payment by Collier County of the following impact fees from thc Affordable I lousing Tr~st Fund, Fund (101), in the following amounts for the one (1) house to be built on I.ot ,:10. Block 13 Naples Manor Lakes by Immokalee Habitat for tlumanity, Inc.: A. Library Impact Fee $ 180.52 B. Road impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: ( I ) Community Parks 399.00 (2) Regional Parks 179.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1.778.00 F. Water Impact Fee 900.00 G. Sewer Impact Fee ~ TOTAL IMPACT FEES $6,169.52 3. The payment of impact fees by Collier County is subject to thc cxccutum and rccordamm of an agreement for waiver of Collier County Impact Fees between thc property owner and/or purchaser and the County. - 2 - AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thisS~ay of_"7~a-w 1997, by and between the Board of County Commissioners of Collier County, Florida. hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, thc Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier Couuty Ordinance No. 88-97, as amev,ted, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fcc Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of ltousing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing ~vaiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qt, alifying the project as eligible for an impact fee waiver; and - 1 - 16A3 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 97- f/~ at its regular meeting of__~~ ,1997; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: I, RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of thc dwelling unit (thc "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling UnH. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very Iow income as defined in the appendices to the Impact Fcc Ordinance and his/her monthly payments to purchase Ibc Dwelling Unit shall bc within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner: d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fcc Ordinance. In return for the waiver of the impact fees owed by OWNER, - 2 - impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. Thc Dwelling Unit must be utili×cd for affordable housing for a fifteen {15) year period after thc date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, thc impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement, 8. RELEASE OF LIEN, Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of thc lien, including, but not limited to, a release of lien, 9. BINDING EFFECT. This Agreement shall be binding upon the parties to tbis Agreement and their respective heirs, personal representatives, successors ami assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until thc conditions set forlh in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run wilh thc land and shall remain a lien against the Dwelling Unit until thc provisions of Section 8 arc satisGcd. 10. RECORDING. This Agreement shall be recorded by OWNER at thc expense of OWNER in the Official Records of Collier County, Florida, within filiecn (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and OWNER covenants and agrees to comply with thc affordable housing impact fee waiver qualification criteria detailed in thc Impact Fcc Ordinance. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the - 3 - qualification criteria established in the Impact Fcc Ordinance and thcreaflcr fails to pay thc impact fees due within thirty (30) days of said non-compliance, or (2) ~vhcre OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with thc said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (! 5) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER. thc Board may bring a civil action to enforce this agreement. In addition, thc lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: (-~Pfint Name '..J'~.,~,, ,, c ~),,~,.'-~.', OWNERS: IMMOIC'kLEE HABITAT FOR HUMANITY, INC. / Charles O.,Smith/,~fce Pr~ident O - 4 - 16 3 BOARD OF COUNTY COMMISSIONERS COLLIER. COUNTY, FLORIDA Timothy ~x(Hancock, Chairman STATE OF Flori~t....._.~) COUNTY OF ~) The foregoing instrument was acknowledged before me this by Charles C. Smith, to me. [NOTARIAL SEAL] o¢ dayof~, 1997, Vice President oflmmokalee Habitat for Humanity, Inc. He is personally known Signa~cnt ,J~ ~ . . ~ ~ _ Name of Acknowledger Typed, Priri'ted or Stamped ~:,. . .,). CC~f,:t.5 jcl/gm/c/naples manor lakes/agree - 5 - 16A3 EXHIBIT aA" LEGAL DESCRIPTION LOT 40 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - BESOLUTION N0.430 ~S-97- 4 MARCO~IATERAND SEWER DISTRICT COLLIER COUNTY A RESOLUTION CONCF~ING THE EFFLUENT DISPOS;tL SPRAY IP~GATION SYST~ FOR THE MARCO WATER AND S~ER DIS~ICT, PF. ASE II, RESCINDING HE SOL%Fl IONS ~S 86-3 ~ ~S 86-7 , AR/) R~PF2tLING THE ASSESSED COST OF THE EFFLUENT IR~GATION SYSTEM AGAINST BENEFITED PROPERTIES WITHIN THE MARCO WATER ARD SEWER DISTRICT OF COLLIER COU1TTY, FI~DRIDA. WHEREAS, on August 2, 1983, the Board of County Cormmissioners as the ex-officio governing board of the Marco Water and Sewer District (the "Board") adopted Resolution No. MWS 83-2 which identified the Marco Water and Sewer District, Phase II, and ordered the construction of specific sewer improvements consisting of both collection and transmission systems. WHEREAS, on September 20, 1983, the Board authorized the County 'Attorney to proceed with the preparation of board resolutions and other documentation necessary for the project in an amount that included the estimated cost of a spray irrigation effluent disposal distribution system to be constructed concurrent with the previously ordered sewer improvements. WHEREAS, cn May 7, 1985, the Board directed staff to continue to investigate the inclusion of an effluent disposal distribution system within the sccpe of the sewer improvements and to enter into negotiations with Marco Island Utilities for bulk sewage treatment and authorized the consulting engineers (Wilson, Miller, Barton & Peek Inc.) to prepare an updated cost estimate for the irrigation project. WHEREAS, on March 25, 1986, the Board adopted Resolution MWS No. 86-3 which initiated a program for the purpose of providing a treated sewage effluent disposal spray irrigation distribution · oB1 system for landscaping irrigation in the Marco Water and Sewer District, Phase II. WHEREAS, on April 15, 1986, the Board held a public hearing and adopted Resolution No. MWS 86-7 which confirmed the ordering of construction of an effluent disposal spray irrigation distribution system at a preliminary cost of $553,179.58. WHEREAS, upon acceptance of the preliminary assessment, all property owners within the Marco Water and Sewer District, Phase II, have an outstanding inactive assessment account in the amount of $10.36 per lineal foot. WHEREAS, the Marco Water and Sewer District did not reach an agreement with Marco Island Utilities on the provisions of treated effluent, and the Marco Water and Sewer District proceeded with sanitary sewer improvements for collection and transmission system only. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO GOVERNING BOARD OF THE MARCO WATER AND SEWER DISTRICT, COLLIER COUNTY, FLORIDA, THAT; Section One: The Board acknowledges that the effluent disposal spray irrigation system for the Marco Water and Sewer District, Phase II, was never constructed. Section Two: The Board hereby rescinds Resolutions MWS 86-3 and MWS 86-7. Section Three: Upon adoption of this Resolution, the Department of Revenue will repeal all assessments within project number 40000 - the Marco Phase II Irrigation accounts. All liens against properties will be rescinded. Section Four: The Clerk is hereby directed to record this Resolution in the Official Records of Collier County, Florida. 1681 Section Five: This Resolution shall become effective immediately upon passage. This Resolution adopted this ~ day of ~.~z-.~z~t..~ 1997, after motion, second and majority vote. ATTEST: -:,5/ /,-, Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE EX- OFFICIO GOVERNING BOARD OF THE MARCO WATER AND SEWER DISTRIC~,.'"~ TIMOTHY/L. HANCOC-~L~]CHAIRMAN ..' .i': .::' f'J~m/Resolutio~/Mm'eo Wa~t'r mad Se~'r THIS LEASE AGREEMENT is entered into this ?__,~_.~.x.. day of ~.,¢o, . 1997, between COLLIER COUNTY, a political subdivision of the State of Flodda, hereinafter referred to as "LESSOR", and MAUREEN MORAN, INC., a Florida Corporation, hereinafter referred to as "LESSEE", and sets forth the terms and conditions for utilization of real property located within the right of way of State Road 92, Goodland, Florida. INITNESSETH WHEREAS, the Lessor and Lessee mutually agree that it is in the best interest of both parties to have the Lessee improve the demised premises to an aesthetic and safe condition; and, WHEREAS, the Lessee and Lessor mutually agree that it is beneficial to have the demised premises improved for the use and benefit of the Lessee and members of the public; and, WHEREAS, the Lessor recognizes and acknowledges that there is a need and benefit to have the demised premises maintained and operated in an aesthetic and safe fashion; and, WHEREAS, the Lessor agrees that it is to the benefit of all of the citizens of Collier County for such improvements to be undertaken and the cost of the construction and maintenance thereof to be borne by the Lessee; and, WHEREAS, the Lessee agrees to abide by the conditions set forth herein for the benefit of the citizens of Collier County, Flodda. NOW THEREFORE, the Lessor and Lessee agree as set forth below. - DP In consideration of the payment of rents and the performance of the covenants hereinafter set forth, LESSOR hereby leases to LESSEE, and LESSEE hereby leases from LESSOR, property located within the right of way of County Road 92, Goodland, Flodda, and which is more particularly depicted on the attached Exhibit "A", hereinafter referred to as the "DEMISED PREMISES", for the sole purpose of allowing off-site parking for the Barge Madna at Goodland Bddge, owned by LESSEE. 16S A TICLE -T RM FLEA E To have and to hold for a term of ten I10) years, commencing on ~_, 1997, and terminating on l~ovember 3 _, 2007, LESSEE is granted the option, provided it is not in default of any of the terms of this Lease. to renew same for four (4) additional terms of ten (I0) years under the terms and conditions as provided for herein. Should LESSOR require use of the site for construction staging activities as oart of bddge maintenance or repair, LESSOR shall provide LESSEE with sixty (60) days notice of such requirement. LESSEE shall be required to make site available for such use on an interim basis for a period of one hundred eighty (180) days. In the event Lessor requires additional time beyond one hundred eighty (180) days to complete construction staging activities, Lessor will grant Lessee a rent abatement for each additional day Lessor continues with construction staging activities beyond the initial one hundred eighty (180) day period. During the period the Demised Premises are utilized by the LESSOR for construction staging activities, LESSOR shall grant an interim parking vadance tO LESSEE reducing LESSEE's required parking by the amount taken by LESSOR. Unless otherwise restricted by Collier County Development Services Division or the Board of County Commissioners as a condition of the granting of approval of off-site parking for LESSEE, or as a condition of the approval of the Site Development Plan of LESSEE, LESSOR may terminate this Lease at its convenience and without notice upon sixty (60) days prior written notice to the LESSEE. Said notice shall be sent to the LESSEE'S address as set forth in this Lease, and shall commence upon the placement of notice in the U.S. Mail, registered or certified, postage prepaid. - I T LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Two Thousand Four Hundred Dollars ($2,400.00) per annum, which is approximately equal to ten percent (10%) of the value of the leasehold using a value of $2.00/square foot, all of which shall be due and payable in advance on the date first set forth in Article 2. In the event of any renewals of this Lease, Lessee agrees to pay annual rent for the Demised Premises in the amount of ten percent (10%) of the value of the Demised Premises based upon the reasonable square foot value calculated by Lessor as of the date Lessee exercises its renewal option. A T C 4 - 'S Fa, LT IN PAY F_._N_._T In the event LESSEE fails to pay the rentals, fees or charges as required to be paid under the provisions of this Lease, failure to pay shall constitute a default and LESSOR may, at its option, terminate this Lease after sixty (60) days written notice to LESSEE, unless the default be cured within the notice period. ARTICLE 5 - MODIFICATIONS TO DEMISED PREMISES Prior to making any changes, alterations, additions or improvements to those existing Appurtenances as shown on the attached Exhibit "B", which are within the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval specifying in writing the nature and extent of the desired alteration, improvement, change or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have thirty (30) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. LESSEE hereby covenants to construct the initial planned improvement to the Demised Premises not later than one (1) year from the date of execution of this Agreement and the approval of its Off-Site Parking Petition by the Board of County Commissioners, whichever date is later. If after thirty (30) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a denial to such request of LESSEE. If upon obtaining written consent and commencing said changes, alterations, additions or improvements, LESSEE fails to complete its work within the completion time as approved by LESSOR, LESSOR may at its election complete said changes, improvements, alterations or additions. If any costs are incurred by LESSOR as the result of LESSEE'S failure to begin, start or complete the proposed project and by LESSOR'S completion of the proposed project, then upon demand and within thirty (30) days of the demand, LESSEE shall pay to LESSOR the amount of cost incurred by LESSOR. No election to perform by LESSOR shall constitute waiver of any covenant or obligation of LESSEE or any future default. All improvements to such site shall be completed in accordance with approved site plans and pursuant to Collier County Ordinance 93-64, as amended, LESSEE covenants and agrees in connection with any maintenance, repair work. erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises. to observe and comply with all present and future laws, ordinances, rules, regulations and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements and additions to said Demised Premises shall be made in accordance with all applicable laws and shall at once, when made or installed. be deemed as attached to the freehold and to have become property of LESSOR and shall remain for the benefit of LESSOR at the end of the terms or other expiration or termination of this Lease in as good order and condition as they were when installed. reasonable wear and tear excepted; provided, however, if prior to the termination of this Lease, or within thirty (30) days thereafter LESSOR so directs. LESSEE shall promptly 5 remove the additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by LESSEE and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may effect said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose other than its present use as parking to serve the uses approved for the site which the Demised Premises are off-site parking. ARTICLE 6 - ACCES~ TO DEMISED PREMISES LESSOR, or its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of maintaining County Road 92 and for the purposes of inspection for compliance with the provisions of this Lease. ARTICLE 7 - ASSIGNMENT AND SUBLETTING LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. ARTICLE 8 - MAINTENANCE LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept in a clean and ordedy manner in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is not taken within five (5) days of the receipt of such notice LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessar7 cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within ten (10) days of receipt of wdtten notice of costs incurred by LESSOR. ARTICLE ~t-INSURANCE LESSEE shall provide and maintain general liability and property liability insurance policy(les), approved by the Collier County Risk Management Department, for not less than Five Hundred Thousand Dollars ($500,000.00) combined single limits dudng the term of this Lease. In addition, LESSEE shall maintain Worker's !6B 3' Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars ($100,000.00) each accident. Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Building F, Naples, FL 33962, for approval pdor to the commencement of this Lease Agreement, and shall include a provision requiring thirty (30) days pdor written notice to Collier County, cJo Risk Management Department, in the event of cancellation or changes in policy(les) coverage. ARTICLE 10 -INDEMNITY LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels) adsing, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LESSEE's use of the Demised Premises, (B) any work or thing whatsoever done, or any condition created (other than by LESSOR, its employees, agent or contractors) by or no behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this lease, or (D) any act omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof. LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense. by counsel reasonably satisfactory to LESSOR. The LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Demised Premises, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi-public works. The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of LESSOR or its employees. The LESSEE hereby acknowledges that the minimum rent called for in ARTICLE 3 of this Lease has been reduced by Ten and No/100 Dollars ($10.00) and is hereby 168 3 considered by LESSOR as payment of the obligation by LESSEE. ARTICLE 11 - UTILITIES LESSEE shall be responsible for the direct payment to the appropriate company for all utilities and services supplied to the Demised Premises. ARTICLE 12 - DEFAULTS BY LESSEE Failure of LES3EE to comply with any provision or covenant of this Lease shall constitute a default. and except as provided for in Article 4 above. LESSOR may. at its option, terminate this Lease after thirty (30) days written notice to LESSEE unless the default be cured within the notice period (or such additional time as i~ reasonably required to correct such default). ARTICLE 13 - DEFAULT BY LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 14 - NOTICES Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSOR: LESSE~: Board of County Commissioners c/o Real Property Management Dept. 3301 East Tamiami Trail Naples, Florida 33962 Maureen Moran, Inc., d/b/a The Barge at Goodland Bridge 3200 State Road 92 Goodland. Florida 33933 ARTICLE 15 - SURRENDER OF PREMISES LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises and any improvements to the Demised Premises upon expiration of this Lease. or its earlier termination as herein provided, in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted , () --"'------_...--"'~.,._.,.._"'.-'" 168 3 ARTICLE 16 - GENERAL PROVISIONS LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the above referenced Demised Premises is limited to that provided to any other business or agency situated in Collier County, and acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successors and assigns to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease. of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 17 - ENVIRONMENTAL CONCERNS LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR from and against all costs (including attorneys' fees) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal. state, local or common law relating to pollution or protection of the environment. ARTICLE 18 - RADON GAS In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that. when It has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. --"". ...,..~.....~-,_..,",..".,.__....,..,,,,......_<,;,.,.....,,,,.'...;¡_.,~,"'.,""';""=-""~."""''',.,,',.,..~''',.,....,....._,,-~_..,.,--_.,,.,.. 168 3 ARTICLE 19 - EFFECTIVE DATE This Lease Agreement shall become effective upon the first date set forth in Article 2. IN WITNESS WHEREOF. the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DA~~q5~~~/'!97 <'r,. .' ill Ai'ì:eST: . " (~ BOARD OF COUNTY COMMISSIONERS __ : '.J V :. . (' ~ ~WIGHt G, BROCfC.; Cieri< ... . ~'~1: :~Lf;;;"'¡;¡j J . .ÆI(¿ ~#ý' ~ AS' ;~:~~; \. STATE OF FLORIDA COUNTY OF COLLIER ,: ..'1'," . \.' . . . ..... ~ t . " .~" f": '( ., .... . .. ,: . 'I,. C~· "I.: : (CORPORATE SEA~)..~ >< ~i' .\ .: .... "" . ~...~ '. :<~.:........ I. /\'. 'II . "It: ~. I" . " T~~n~strument was acknowledged before me this .d. ;' day of \ . . , 1997, by Thomas Lydon as President of Maúreen Moran, Inc Personally Known OR ~ Produced Identification, Type of Identification Produced ø//~¿/ //.;(//{ W . -_...... ...,..,~..,.-,~_._",,,,,,,-,.,,,,,,.,,,,_,..:_.,_.'''''''-'-'''''''--_."-""";,;-----"-,--_..--,,.......,.~.~. '''',-..~--_.'<I, 168 3 Approved as to form and legal sufficiency: .. ~t.~ By: Dav d ~. Weigl! t U LUloey Office of the County Attorney C:\MyFiles\Barge - Collier County Off-Sit'! Parking :~"iI.~" r1nill :r,)!- ··~T"j 9 """'_"_"""""'''''''''~''''''''''',;"_'~''''''''''~i.''''''_'''''''__·_;''''_~"··,-,".,..-. """-'''-'=--.'""'-'"~''''''',.,;-;.¡,,_.",- ... 168 ~ EXHIBIT "A" DEMISED PREMISES BEGINNING AT THE CENTERLINE OF CONSTRUCTION STATION 269+25, ACCORDING TO THE FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP (SECTION 03060-2505, SHEET 2 OF 3) FOR STATE ROAD NO. 92~ THENCE LEAVING SAID CENTERLlNE, NOO·OO'OO"E, 30.32 FEET; THENCE PARALLEL WITH AND 30 FEET NORTH OF SAID CENTERLINE, NB1·42/23"E, 126.00 FEET; THENCE NOO·OO'OO"E, 45 FEET MORE OR LESS TO THE WATERS OF GOODLAND BAY; THENCE MEANDERING ALONG THE WATERS OF GOODLAND BAY, SOUTHEASTERLY, 140 FEET MORE OR LESS; THENCE PARALLEL WITH AND 20 FEET SOUTH OF THE AFORESAID CENTERLINE OF CONSTRUCTION, 581.42 I 23"W, 240 FEET MORE OR LESS; THENCE NOO· 00 I 00 IE, 20.21 FEET TO THE POINT OF BEGINNING. > ,,'" ...___,", ....,~,,,..,."."","',\~,..,...._'''''''''''''''''''~~._.,,''_,,,.,,.~__~~A"'.''",'.~,~,",,,~,,-"",,,,__",_._""_oO"'·"""""'b'·" - -. /11 é/K COLLIER COUNTY GOVERNMENT 1683 DIVISION OF SUPPORT SERVICES REAL PROPERTY MANAGEMENT DEPARTMENT 3301 E. T A.MJAMJ TRAIL NAPLES, FL 34112 PHONE (239) 774-8743 FAX (239) 774-8876 June 23,2004 Mr. Thomas Lyndon Maureen Moran, Inc. P,O, Box 1219 Marco Island, Florida 34146 Sent via Facsimile: 394-1920 Re: Lease #831 Barge Marina at Goodland Bridge Dear Mr. Lyndon: The pU11Jose of this communication is to advise you that, following the initial lease tenn of the Lease Agreement dated November 4, 1997, Collier County will not be able to renew your lease as provided therein. Therefore, the tennination date of the aforementioned Lease shall be November 3,2007. With the type of growth Collier County has experienced over the last:everal years, the subject parcel has been cited for recreational pU11Joses following the tennination of your lease. On behalf of Collier County, I thank you for being a conscientious tenant and I wish you great success with your operation at a future location. Please feel free to contact me at 774-8872 if you have any questions concerning this matter. Sincerely, ~·V~~£--<- X- ~ Michael H. Dowling ~O Property Management Specialist Copy to: James V. Mudd, County Manager David C. Weigel, County Attorney Nonnan E. Feder, Administrator, Transportation Services Division Jeff Walker, Director, Risk Management Department Personal Property Supervisor, Property Appraiser's Office Item # l/.p ßi Agenda 1\ - 'i . 'tl I Date --"---,-_.~,~- 1 Da~~ , (p _ l8 . 04 Re" Cí _... .....__ ·v<i:1.··~/~ ¡ puty c~~ ï - J 819 PØt OCT 24 '97 11:09 1681 :~TO AGREEMENT FOil ST¿~~;~~~~;.;~i:.~c:.:~~g~ ~~Y)l THIS THIRD ADDENDUM TO AGREEMENT FOR ENGINEERING! ENVIRoNMENTAL SERVICES FOR THE LBLY AREA STORMW ATEl). IMPROVEMENT PROJECT, (Agreement) m&de and entered into this M:.. day of October, 1997 by and between Law Engineering and Environmental Services, inc., a Georgia corporation authorized to do business in Florida, hereinafter called the "CONTRACTOR". and CoUier County, a political subdivision of the State of Florida, Collier County, Naples, hereina.fter called the "COuNTY"; WITNESSETH;, WHEREAS, the COUNTY and LAw Environmental, Inc., a Georgia corporation, have previously entered into a certain Agreement for Engineering/Environmental Services for District No.6 (Lely) (Agreement) dated September 25, 1990 which included the development and submittal of ceru.in permit app1ications; and WHEREAS, the COuNTY and Law Environmental. Inc., entered into an Addendum to the above-referenced Agreement dated June 30, 1992 to provide for additional work required for the detailed wetland determination and to resolve prcviously unforseen issues subsequently raised by the Florida Department of Environmental Regulation and South Florida Water Management District; and WHEREAS, the COUNTY and Law Enviromnental, Inc., entered into a second Addendum to the above referenced Agreement dated Januuy 12. 1993 to revise the Engineering and Environmental Studi~ Report and permit app1ications submitted to FDER and SFWMD, including c11lUlgcs in the codes used to identify a number of the channel(s) and strUCtures within the Lely Canal and Lely Manor Basin, updating the County Drainage Atlas and modification oftbe District No.6 surface water management system to include the Lely lakes development; and WHEREAS, the C01't'1RACTOR is the successor enli~y to Law Environmenta1. Inc. and County consents to the assigrunent of the Agreement as modified to CONTRACTOR punuant to Section Sc of the Agreement; and WHEREAS. there arc now required additional coruulting services to modify \h~ type and location of the proposed stormwatcr management facilities.. perform new computer modeling and wetland identification. prepare the new Environmental Resource Permit applications and meet with Army Corps of Engineers and South Florida Water Management District regulatory staff; and --- -~. r' I . \_- /I..- Lt~J (-7) '. I" ~~ 9 . Q _J R-97" ;IJ-d-ê¡7 t I: ~"'M f'OfJl 114) , . ~AS, the COUNTY and the CONTRACTOR are in agreement to 5upplement atd Agrecment to provide for the addiûonaJ work required of COUNTY and CONTRACfOR to fulfi1l tbe pennit application preparation requirements of the Anny Corps oCEn¡ineen and the South Florida Water MahagttJ1ent District and as otherwise enumerated bCreab<wo. 819 PØ2 OCT 24 '97 11 : Ø9 Ibrì7~~ NOW, THEREFORE, in considmtion of the covenants and agreements provided within. the Agreement dated September 25, 1990. the Addendum to Agreement dated June 30, 1992, the Addendum to Agreement dated January 12, 1993. and those further stated herein, said Agreement for Engineering/Environmental Services for District No.6 (Lely) is hereby amended and supplemented as fonows: I. .... i CONTINUATION OF WORK. The CONTRACTOR shall commence tnd continuo'the Work referenced herein within seven (1) calendar days after receiving II Notice \0 prOceed in the fonn of a Purchase Order from the COUNTY and shall perform the work detailed herein and Army COrpl of Engineers and South Florida Water Management District responses as re,quircd and descn1>ed in the October 9, 1997 ¡eller of CONTRACtOR to COUNTY. attached as Exhibit "D" and incorporated herein as a part of this Third Addendum. 2. SCOPE OF WORK. The CONTRACTOR shaH perform the engineering and environmental analyses u described in Exhibit "D" consisting of sixteen (16) pages. 3. THE CONTRACT SUM AND PAYMENT CONSIDERATIONS. The Agreement is lupp1emcnted hereby to provide for an additional contraCt sum of not·to· exceed N1NETY-FlVB THOUSAND NrNB HUNDRED SEVE~ïY-FIVE AND NOll 00 DOLLARS (S9',97S.00) to be paid to CONTRACTOR for providing the additional services referenced herc:above and specifical1y described and enumerated in Exhibit "D", Except as cxpreuly provided heroin.aa.id A¡recrncnt for Engineering¡' Environmental Services (or District No.6 (Lely) dated September 25, 1990, at modified by the Addendum to said Agreement dated June 30, 1992, and the second Addendum to said Agreement dated January 12, 1993 shall remain in full force and effect according to the tenns and conditions contained therein; the said terms and conditions are applicable hereto except as cxpre4s1y provided otherwise herein. r ..Iv ~ÓJ (~:l \ . " if 1 . _____ _.._ _ __.-J 11-9'" 10-24-97 1 I: \~AM POû2 "4) ....,;_....,.,..,.__..._,.."'-~"_..---._----- · OCT 24 'rn 11:06 FR u:u CCtPA'UE$-lEGA.. 7?0 421 3651 TO 9181328954?4 P.02/02 lbi7-" .6. ~!f....", .........,,'" ...".... '",. October 24, 1997 RECEIVED ooT 27 $1 O"" ~t. '>ROJf""'" ~t" ~/IIU. ...., "'AN4~r:a.tFN'"r Mr. Rkbard IUJhqcI Collier County omco of Capitol Project Ma.nagcment Collier County. F10rida Via TcWu: 941-774-Ø70 J.E: Richard Eo Mayer. Priœ1pa1 Cjvn~ Dear Mr. HeIJre¡eI: PIeue be advåcd 1hat R.iclwd Mayer, Princi,-J t!nJÏneCt of our Tampa office, is au1horiud II a Priucipal to biDcl Law I=.ngi..-iøg ud EøvltœmentaJ s.rvioes, Inc. to CODtractI and a¡reoments with Collier Couoty. PJasc col11aCt me with arry queatlont or oommeats 1hI& you may have 00 this matter. CSCjc 114 101f111f1AAK DRI'Æ . II£tII&Aw. Ii!I!IAGIA JC1H (77G ~. ~ '"II .2HSIiS ..~.:.¡. (ß) (f)~' ~, (' II ."1 /1 '. 7 ;1 d 'f IJ .'.J r· (.; ----J a-85" 770 421 3651 ** TOTI=l. PÇ(jE. B2 ** 10- 2 4 - 9 7 1 : 08 AW PO 0 2 1142 ~"·,,~.m~"''''.~~_··,''''~'''''~><'~''''' .. _.-..", ~ ~ ,..._.....,"""""...'<;_,,.,........."'" ._~---,--_............. ~ LAW lbB7"'~ ["G [(A'"G A~O £~VI~':), ..£~rH uo/,:tS ",e October 9,1997 Mr. Robert C. Wiley, P.E. Project Manager II Collier County Manager's Office Office of Capital Project Management 3301 E. Tamiami Trail Naples, Florida 33962 Subject Revised Scope of Services for Preparing an Environmental Resource Permit Application for the Lely and Lely Manor Basins LAW Proposal TE97-1027 Dear Mr. Wiley: Law Engineering and Environmental Services, Inc. (LAW), is pleased to present this proposal to 2S:;ist Collier County with obtaining an Environmental Resource Penn it for construction of the planned improvements to the Lety Canal and Lely Maner Basin primary stonn-water management system from the U.S. Army Corps. of Engin:ers (COE) and South Florida Water Management District (SFWMD). This proposal presents the background, scope of services, estimated fees, schedule, authorization, and contractual arrangement for proceeding with the proje:t. Background Collier County is seeking an Environmental Resource Pennit (ERP) to upgrade the primary stonn- water management system in Lely Canal and Lely Manor Basins. In 1993, the SF\V1vlD issued a pennit to allow Collier County to construct and operate the proposed !:ystem. However, before the plan could be implemented, a pennit to construct Works in Waters of the State (Dredge and Fill Permit) was required from Florida Department of Environmental Protection (FDEP) and the COE. Even after considerable negotiations with a number of different reviewers at FDEP, it became evident to Collier County that no permit was forth coming in the near future. Collier County withdrew the FDEP application and is currently pursuing an ERP. The County has requested that LA W assist with the pennitting effort, 4919 W L-'UREL STREET . T.ulP.....L 33607 IltJ12119·07SO . .AX 1'131 219·~. 74 Exhibit D r-'-~',:~ì¿¡ðx~j --", Li :.,' l,i¡ ';":! ¡ . . __7._;.- ...-.J __I"'N' _",.~.~.",~.....><~.=.._,=.,""_,_-....;....~~_",-".",..,"".,,,'".~.,..·..,..."",_,..".<v"__""",..",..~_,-..-.",,,,,,_,~,,,,,,,,,,",,,,,",,,·,,,,,,~,,,,,,,,,,,,.-..."",~ n"_"__~_'''_~''';'~"''''"'~''''_ Lely and Ltl), Manoe Bculn~ L4 W Proposal TE97.102 ? October 9. 1997 Revised .¢,cG'e of &'rvices In multiple meetings held to date with both the SFWMD and the COE, the parties have agre:d on the general concept of a three-phase view of the total project as follows: Downstream Phase - all areas downstream of U.S. 41 Center Phase - ali areas upstream of U.S. 41, excluding the area between Rattlesnake-Hammock Road and Davis Boulevard lying east of County Barn Road Upstream Phase - the areas between Ranlesnake-Hammock Road and Davis Boulevard that are east of County Barn Road Areas of concern involve the Downstream and Upstream Phases with all parties agreeing that the Center Phase is already developed and there is no room for relocating canals or proposing to preserve wetlands. On July 22, 1997, a joint meeting was held with the SFWMD, COE, Collier Development Corporation, and the County to resolve a "plan of action" for the Downstre,im Phase. After lengthy discussions, the consensus was to artempt the following modifications to maximize the flexibility of storm-water discharges for en~,ironmental purposes. Downstream Phase · Construct one gated weir structure approximately 6,400 feet downstream of U.S. 41 with a crest of 3.0 feet NGVD. Develop a flowway roughly 700 feet wide to the southwest utilizing existing higher quality wetlands and constructing a marsh-type flov,~'ay where it is necessary to lower existing ground elevations. · Develop a flowway roughly 250 feet wide utilizing existing wetlands along the southeastern side of the canal. Berm the eastern and western banks of the existing Lely Main Canal south of the proposed weir to restrict the flow of surface water from entering the old channel. Size the old channel south of the weir to handle emergency flows during peak storm events and for lowering water elevations in the upstream channel in anticipation of major tropical rainfall events. Proposal TE97. I0~ 7 Octr>l'~cr 9. / 9r~ 71 Construct an eastern connection from thc Lely Main Canal to the large circular marsh which lies to the east. This connection could be either a lake, culvert, or combination, depending on the land plan developed by Collier Development Corporation. The proposed location of the eastern connection is approximately 200 feet upstream of the proposed weir and would include a gated entrance to regulate the amount of storm water discharged to the east. 6B7 m,,l V o · Maintain the proposed pump station to lift storm water into the slough. · Convert the eastern most emergency bypass channel and spreader into a lake which will simply discharge over its southern bank. · Develop a lake or culverted connection between the southwestern side of, the large circular marsh and high quality wetlands to the south. · Maintain a proposed gated weir at the southern side of the circular marsh with a crest of 3.0 feet NGVD. · Do not improve the existing outfall canal south of'the circular marsh. · Construct a spreader lake near the southern end of the existing outfall canal to allow the flows to go to the southwest around ~. small upland parcel. · Construct a lake connection system between the southeastern side of the circular marsh and the slough (well coordinated with Lely Development Corporation as to the location and shape). · *Investigate the desirability of adding a new culvert beneath U.S. 41 to replace LB-01-P0035 and improve the existing channel flowing to the west. Center Phase Utilize thc existing design with verification that flow capacity from changes in the upstream phase can safely be provided. Address the interconnection with Haldeman Creek and Right-of. Way issues. Upstream Phase Establish a flowway preserve area for the wetlands between Whittaker Road and Davis Boulevard, and use this for total project v,,etland impact mitigation. Change the proposed canal extending from the northeast comer of the Royal Woods development to extend only a short distance north of Crews Road. LA ti' Proposal T£97-1027 October 9. 1997 Revised .~t,pe of Services Construct a new canal to extend eastx~'ard along the Section 9/16 line with an eastern terminus at the north end of the Wing Park South airport runway. Construct a gated weir to prevent over drainage of wetlands from Sections 9 and 16. · Construct improved swales along the northern sections of Sunset Boulevard and Sandy Lane to provide flood relief for the "estates" D'pe residences. · Improve swales along Crews Road and Whittaker Road to provide multiple small outlets for excess storm water that may accumulate in :he wetland preserve area. · Construct a new drainage outfall into the northwest corner of Royal Woods to provide an outlet for the wetland preserve instead of allowing all of its flow to impact County Barn Road. · Design a storm-water system that can handle any future alignment for the southern extension of Santa Barbara Boulevard and make provision for Santa Barbara Boulevard to be constructed as either a solid berm without cross drainage or including culverts and/or bridges for cross drainage. Inet:ease the basin boundary for the total project to include all lands north of Rattlesnake-Hammock Road and west of C.R. 951. Construct another storm-water management system along the eastern side of the Wing Park South airport runway to direct storm water to Rattlesnake- Hammock Road and then into the Rattlesnake-Hammock Slough (this will be 'coordiriated with a new developer, Toll Brothers, who are proposing a new project on that parcel of land). Incorporate the wetlands west of the airport runway and the existing ditch along the west side of the Shadowwood Development into a wetland storage./flowway area. Current CounO/Efforts To assist in expediting the modeling and design efforts by LAW, the County will utilize existing annual surveying services contracts to obtain additional surveying and cross sectional information needed to develop and calibrate the model. The County is also coordinating the plan development with Collier Development Corporation, Lely Development Corporation, Florida Department of Transportation, SFWMD, and the COE. ' ' 1 1.4 W Proposal T£97.1027 Scope of Services The project can be divided into six tasks: · Task 1 - Analysis of Alternatives · Task 2 - Computer Modeling · Task 3 - Wetland Delineation · Task 4 - Drawings · Task 5- Preparation of Application · Task 6 - Response to Agency Comments · Task 7- Meetings A discussion of each task is given in the following paragraphs. October 9, 1997 Reviaed Scope of Sea'ices The COE has requested a report describing the various alternatives LAW and thc County considered in selecting the proposed configuration of the storm-water management sy=tem. It is our opinion that the COE is not asking ~'or a detailed analysis of a large number or alternatives, instead the COE wants documentation that the Count)' and LAW have looked at various ideas; evaluated them and selected the ~ystem that be~t meets the project objectives in each basin. A~ part of an earlier .scope, LAW prepared a list of possible alternatives for Lely Canal and Lely Manor Basin ~outh of U.S. 41 and presented the data to the County for review and comment. LAW is planning to use th~ earlier dr~ report and add the alternative analysis for the area north of Royal Woods. We plan to vasy the level of detail used to evaluate alternatives according to the potential. For example, if the land costs for an alternative is obviously so high that it would not be practical to select it, the analysis would be abbreviated. On the other hand, we plan to conduct a more detailed analysis of alternatives that could be incorporated into the system we want to propose to the agencies. This analysis would include limited hydraulic and hydrologic modelling, planning level cost estimates, and input from the developer~ impacted by the choice of alternatives. Lely and Lely Manoe Bcain~ 1.4 ~V Propoxal rE97.1027 A report will be developed for incorporation into thc ERP application October 9. !997 gcvt~ed Scope of Servtcc$ describing the various alternatives and the analysis used to select the preferred syslem within each basin. A list of alternatives will be developed for the area north of Royal Woods, and these will be evaluated in a similar manner as the areas south of U.S. 41. LAW will develop an existing and future condition model of the Lely Canal and Lely Manor Basins. We understand that the staffat SFWMD requested the basins be modeled using thc sorry'are program Advanced Interconnected Pond Routing (ADICPR). We further understand that the County. has m'o concerns about using ADICPR: 1) it doesn't model water quality, and 2) the Big Cypress Basin Board is currently developing models for the other basins using the EPA Stormwater Management Model (SWMM), version 4. Water Management District 6 is one of the basins slated for model development using SWMM. It is in the best interests of all parties to use the SWMM model for the ERP application. The one change we recommend the County consider is to use XP SWMM because it is more user friendly than the generic EPA version. Although the SWMM model has the capability to model water quality, the lack of historical data does not warrant the extra effort to set up the model. A spreadsheet water quality model was developed ~or the basins and was submitted with the permit application to SFW'MD. It was accepted in the pa.~ and we believe it would be cost effective to submit it again. The input for the pm- and post-development models will be based on ground surface elevations taken from the SFWlvED 1983 aerials supplemented with data from recently constructed structures and improvements in the basins and additional survey data to be obtained by the County.. The output for this task will be a letter report incorporated into the application form describing the methodology used to prt~'pare hydrologic and hydraulic calculations, a presentation of results in tabular form. Lely and Ltl), Mano~ B~sin~ L4 ;V proposal TE97-102 7 1 O¢iober 9. 1997 Revt~cd .~ope of Serv~cc~ The wetlands north, northeast and east of Royal Woods will be delineated using existing jurisdictional determinations supplemented by determinations prepared by the County staff. We request that the County provide a location survey for the jurisdictional lines in a format that can be incorporated into the drawings. 6B? eel Drawings were prepared as part of an earlier report showing the improvements on an aerial photograph background. These drawings will be modified to show the changes that come from the analysis of alternatives integrated into the application. Additional drawings will be provided to illustrate selected alternatives as needed. Additional lands have been added to the east of current Lely Canal Basin boundary. We request the County provide rectified Raster data to incorporaze into the current drawing set. The reports and drawings described above will be incorporated into the application. · Thc agencies will have comments on the application and LAW will respond to these comments. LAW, the County, and the agencies have met to discuss this project, and there has been a general consensus as to the configuration of the system and the approach to be used in presenting application data. Our scope allows for minimal new requirements initiated by the permitting agencies. The scope proposed herein includes six meetings with the County and agencies. All the meetings listed above are assumed to be in Naples or Fort Myers. 7 ~ W Propo~a/TE9 7. I0~ ? O::obcr 9. 1997 Revised Scope of Set'. Project Team LAW has assembled a team of experts to accomplish the scope of sen'ices. Richard Mayer will continue to be the project manager/principal for this project. Anwer Ahmed will be responsible for oversight of the modelling. Gabre Aberra will perform the SWMM model simulations. In addition, Robert Dvorak, III, of Bayside Engineering, will be available to perform the SWMM modelling. Jonathan Sink will develop the conceptual designs, be responsible for the drawings, and preparing the ERP application. Each of the team members has considerable experience with the specific area o,~ responsibility assigned to them. Resumes are attached. The estimated fee for the .scope of services described above is S95,975. This is a not to exceed amount for Tasks I, 2 and 5. LAW will only bill the County for actual time and expenses used up to the maximum estimated fee. A detailed breakdown of costs is attached. Schedule LAW can begin work within one week of authorization. The duration of each task is: · Task i: 3 weeks · Task 2: 8 wee'ks · Task 3 County supplied data. · Task 4: 4 weeks · Task 5: 3 weeks · Task 6: 30 days · Task 7: N/A Authorization We propose to complete this work under the terms and conditions of our existing contract. As written authorization, please send an addendum to our contract. Please make this proposal a part of the contract. ! October 9, 1997 lely and lei)' Manor Btsi~ ~W Proposal TE97.1027 LAW appreciates ~e op~uni~ undenigned at (813) 289-0750. Sincerely, LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC. in Copelancl, Jr P E Richard E. Mayer, P.E. Principal Engineer Principal Engineer CEC./KE~cjs/40140/COMMON/1997/TE971027.P3 Attachment: Cost Estimate ATTACHMENT 1 COST ESTISIATE 10 LAW ENGINEERfNG AND ENVIRONMENTAL, INC. pROJECT: WMO # 6 ERP NUMBER: TE97.1027 CLIENT: Collier County CONTACT: R. Wiley PHONE # h;,~j~ER~t ~OMMOM~T Eg71 ~ ~? J[L$ Page1 COST ESTIMATE PREPARED BY: REM DATE: 9110197 941 774 8192 SUMMAR Ioc3ter> TASK NO. TASK NAME MANHRS SLABOR SEXPENSE STOTAL' TASK 1 ANALYSIS OF ALTS. 61 4795 0 4795 TASK 2 MODEl.LING 0 0 5500 5500 TASK 2.1 PRE-DEVELOPMENT 462 3':910 62 32972 TASK 2.2 POST-DEVELOPMENT 196 14980 0 14980 TASK 3 WETLAND 10 550 0 550 TASK 4 DRAWiNGS 152 10880 0 10880 TASK 5 APPLICATION 72 4970 0.00 4970 TASK 6 RESPONSE 72 4970 36.25 16376 TASK 7 MEETINGS 48 4560 392 4952 TOTALS: 1073 $78,615 $5,990 $95,975 STATISTICS/CRITERIA: AVE. LABOR PER Hi;L: MULTIPLIER ON EXPENSES: · CONTINGENCY FACTOR: · TOTAL CONTINGENCY: $73.27 1.00 1.00 $0 (EXCEPT WHERE CHANGED) (APPLIED TO EA TASK TOTAL ABOVE) (SPREAD THRU TASK TOTALS ABOVE) Employee Class Coda I Title Rate 700/Word Processor 40.00 8001CADD Operator 55.00 140rrechnlclan II 45,00 170/Technician III 55.00 4001Staff Professional 70.00 420/Project Professional 85.00 4401Senior Professional 95.00 460IPHnclpal Professional 115.00 t ' /7 ....... 1 LAW ENVIRONMENTAL, INC. COST ESTIMATE TASK 1 POSITION PERSON 700/Word Processor 8001CADD Operator 140Frechnictan II 170/Technician III 400/Staff Professional 420/Project Professional 440/Senior Professional 460/Principal Professional 0 WMD # 6 ERP Page 2 Number: TE97-1027 Date: ANALYSIS OF ALTS. S/HR. MANHOURS EST. COST 40.00 4 150 55.00 12 660 45.00 0 0 55.00 0 0 70.00 0 0 85.00 40 3,400 95.00 0 0 115.00 5 575 0.00 0 0 0.00 0 0 0.00 0 35~83 EXPENSES Mileage Total Labor- TASK I 61 $4,795 UNIT COST MULT. UNITS EST. COST 0.29 1.00 0 0.00 0 1.00 0 0 1.00 0 0 Total Direct Expenses $0 Total Cost- TASK 1 TASK 2 POSITION PERSON 700/Wprd Processor 8001CADD Opbrator 140/Techniclan II 170/Technician III 4001Staff Professional 420/Project Professional 4401Senlor Professional 460/Principal Professional 0 MODELLING EXPENSES XP SWMM License Total Labor- UNIT COST'* 5500.00 Total Cost- 12 S/HR. MANHOURS EST. COST 40.00 0 0 55.00 0 o 45.00 0 0 55,00 0 0 70.00 0 0 85.00 0 0 95.00 0 0 115.00 0 0 0.00 0 0 0.00 0 0 0.00 0 0 0 0 TASK 2 0 $0 MULT. UNITS EST. COST 1.00 1 5,500.00 1.00 0 0 1.00 0 0 1.00 0 0 1.00 0 0 1.00 0 0 0 Total Direct Expenses TASK 2 $4,795 , ;~ ~ $5,500 LAW ENVIRONMENTAL, INC. COST ESTIMATE TASK 2.1 POSITION PERSON 700hNord Processor 8001CADD Operator 140rrechnician II 170/Technician ill 400/Staff Professional 420/Project Professional 440PSenior Professional 460/Princlpal Professional 0 EXPENSES Lunch WMD # 6 ERP Page 3 Number:. TE97-1027 Date: pRE.DEVELOPMENT $~HR. MANHOURS EST. COST 40.00 4 160 55.00 2 110 45.00 0 0 55.00 160 8,800 70.00 160 11,200 85.00 100 8,500 95.00 0 0 115.00 36 4,140 0.00 0 0 0.00 0 0 0.00 0 0 0 0 Total Labor- TASK 2.1 462 $32,910 UNIT COST MULT. UNITS EST. COST 50.00 1.00 I 50.00 6.00 1.00 2 12 1.00 0 0 1.00 0 0 Total Direct Expenses Total Cost- TASK 2.1 TASK 2.2 POSITION PERSON 700/Word Processor 8001CADD Operator 140/Techniclan II 170/Technician III 4001Staff Professional 420/Project Professional 4401Senlor Professional 460/PHnclpal Professional 0 $62 EXPENSES Mileage POST.DEVELOPMENT $/1-i R. MANHOURS EST. COST 40.00 4 160 55.00 8 440 45.00 0 0 55.00 0 0 70.00 124 8,680 85.00 40 3,400 95.00 0 0 115.00 20 2,300 0.00 0 0 0.00 0 0 0.00 0 0 Total Labor- TASK 2.2 196 $14,980 UNIT COST MULT. UNITS EST. COST 0.29 1.00 0.00 0 1.00 0 0 1.00 0 0 Total Direct Expenses Total Cost-- TASK 2.2 t3 16B?e 35683 $32,972 $14,9~0 ' to (e)['~) LAW ENVIRONMENTAL, INC, COST ESTIMATE TASK 3 POSITION PERSON 700/Word Processor 800/CADO Operator 140/'rechniclan II 170rrechniclan Ill 400/Staff professional 420/Project Professional 440/Senior Professional 460/Prlncipal Professional 0 Page 4 WETLAND EXPENSES Total Labor- UNIT COST 1.00 1.00 1.00 Total Cost- TA~K 4 POSITION PERSON 700/Word Processor 8001C/[DD Operator 140/'rechniclan II 170rrechniclan III 400lStaff Professional 420/Project Professional 4401Senior Pro[esslonal 460/Prtnclpal Professional 0 DRAWINGS EXPENSES Mileage Total Labor- UNIT COST 0.29 Total Cost- WMD # 6 ERP Number: TE97.1027 S/HR. 40.0O 55.00 45.00 55.00 70.00 85.00 95.00 115.00 0.00 0.00 0.00 MANHOURS 0 10 0 0 0 0 0 0 0 0 TASK 3 MULT. 1.00 1.00 1.00 1.00 10 UNITS 0 0 0 Total Direct Expenses TASK 3 S/HR. MANHOURS 40.00 8 55.00 80 45.00 0 55.00 0 70.00 0 85.00 40 95.00 0 115.00 24 0.00 0 0.00 0 0.00 TASK 4 MULT, 1.00 1.00 1.00 152 UNITS 0 Total Direct Expenses TASK 4 Date: EST. COST 0 550 O 0 0 0 0 0 0 0 0 0 5550 EST. COST 0 0 0 0 O SO l B? 35683 $550 EST. COST 320 4,400 0 0 0 3,400 0 2,760 0 0 0 0 $10,880 EST. COST 0.00 0 0 0 0 0 $0 ~,r, .~.?_ ..... LAW ENVIRONMENTAL, INC. COST ESTIMATE TASK $ POSITION PERSON 700/~Nord Processor 8001CADD Operator 140FTechnician II 170/Technician III 4001Staff Professional 420/Project Professional 4401Senior Professional 460/Principal Professional 0 Page $ APPLICATION EXPENSES WMD ~ 6 ERP Numbe~. TE97-1027 S/HR. MANHOURS 40.00 0 55.00 0 45.00 0 SS.O0 0 70.00 40 85.00 12 95.00 0 115.00 10 0.00 0 0.03 0 0.00 10 TASK 6 POSITION PERSON 700/Wo. rd Processor 800/CADD Operator 140Frechnician II 170/Technlclan III 4001Staff Professional 420/Project Professional 440/Senlor Professional 460/Principal Professional 0 Total Labor- TASK 5 72 UNIT COST MULT. UNITS 1.00 1.00 0 1.00 1.00 0 EXPENSES Mileage 1.00 Total Direct Expenses Total Cost- TASK 5 RESPONSE Total Labor- UNIT COST 0.29 15 Total Cost-- S/HR. MANHOURS 40.00 4 55.00 20 45,00 0 55.00 0 70.00 160 85.00 24 95.00 0 115.00 16 0.00 0 0.00 0 0.00 16B7*,m Date: 35683 EST. COST 0 0 0 0 2.800 1,020 0 1,150 0 0 0 0 S4,97o EST. COST 0.00 0 0 0 0 0 EST. COST 160 1,100 0 0 11,200 2,040 0 1,840 0 0 0 0 TASK 6 224 Sl $,340 MULT. UNITS EST. COST 1.00 125 36.25 0 1.00 6 0 0 1.00 6 0 0 SO $4,970 Total Direct Expenses TASK 6 LAW ENVIRONMENTAL, INC. COST ESTIMATE TASK 7 POSITION PERSON 700/Word Processor 8001CADO Operator 140/Technician II 170/Technician III 4201Project Professional 4401Senior Professional 0 0 0 0 PO7 EXPENSES RENTAL CA,GAS Lunch Page 6 MEETINGS Total Labor-- UNIT COST 50.00 6.00 Total Cost-- WMD # 6 ERP Number: TE97-1027 S/HR. 40.00 55.00 45.00 55.00 85.00 95.00 0.00 0.00 0.00 0.00 0.00 TASK 7 MULT. 1.00 1.00 MANHOURS 0 0 0 48 0 0 48 UNITS 7 7 Total Direct Expenses TASK 7 Date: EST. COST 0 0 0 0 0 4,560 0 0 0 0 0 $4,560 EST. COST 350.00 42 0 0 0 0 $392 35683 S4,952 16 Print Name File: WO Survey (WM.qg-Ol).doc Signature Print Name 16B7w" WORK ORDER #WM-98-01 Agreement for Fixed Term Professional Land Surveying and Photogrammetfic Services Dated 11-5-96 (RFP 96-2550) This Work Order is for professional surveying services for work known as Project: Lely Area Stormwater Improvement Project Project No.: 31101 The work is specified in the proposal dated October 7, 1997, which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # WM-98-01 is assigned to Wilson, Miller, Barton and Peek, Inc. (Firm Name) Sco~e of Work; As detailed in the attached proposal letter. ~$chedule of Work; Complete work within 60 days from receipt of thc Notice to Proceed which is accompanying this Work Order. (~omtvmsation: In accordance with A~icle Three of the Agreement, the County will compensate the Firm in accordance with the negotiated amount of $37,240.00 as provided in the attached proposal (or in accordance with the established hourly rate(s) as enumerated in Schedule "A" of the Agreement if specified in this Work Order). TOTAL FEE $37,240.00 Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: REVIEWED BY: Robert C. Wile~, P.E., Project Manager III Date Office of Capitalprojects Management ' /L." ;' ~' 0 ' ~ or / Adolfo A. ~lez~.E., Direct / Date Office of Capital Projects M~agement BO~ OF CO~TY COMMISSIONERS Collie~unt~, Florida Timothy. Hancock, Chai~an Legal Sufficiency: ~..~.~ .,, r - AsSistant County Attorney ATTEST: .. (Co, rpora!e. Secretary) ~..~y:.: ,~. '..f'~.~,-..- '-' ' ..... Type Name and Tide/ WILSON, MILLER, BARTON AND PEEK, INC. Naples, Florida By: Signature ' t;,? t:'~" [J-)r t"> , (J ' , I ~ .; f ,3 (' This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774.8400 *** 2244841 OR: 2361 PG: 1078 *** HC011~ID lb 0~[IClIL I1C01~$ of C0L~III C0glTI, IL ll/0?/i? at 08:50~I OWI~'~T I, BI0¢I, CLlil IIC HI 1.0~ let~: C~IH ~0 ~H ~OARD lit 7~40 Property Folio No. #57365480004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Casimiro A. Eguizabal and Marlene E. Eguizabal 3354 S.W. 123rd Ave. Miami, FL 33175 The Lien was recorded on January 11, 1991 in Official Record Book 1585, Page 746, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 3, Block 229, Marco Beach Unit Six Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels thc I,ien. The Clerk of thc Circuit Court is hereby directed to record this Satisfaction of Lien m the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County', Florida, acting through its Chairman, directs execution and re~ording of this Satisfaction of Lien, by action of the Board this !,/'~'~ (lay of /..' '~ ,~- ~,-:'~ ~ 1997. ATT~EST: DWIGHT E. BR9ck, Clerk COLLIER COUNT%', FLORID.-% ,,~ ..~ ' ' CHAIRMif~N-- ~?prfvfd as t~Jorm/~ ]~;al suffl,sienc~ ~ - Assistant Ccur, t~' ~ttorn~l BOARD OF COUNT%' COMMISSIONERS, This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2244842 OR: 2361 PG: 1079 *** tl/o?/~7 at O~:S~ O~I~Tt I. ~lOC[, C~lll HC HI LOG COHI~ let~: Property Folio No. #56871760002 SATISFACTION OF LIE_N KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COM]VIISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Charles W. Hicks and Joan K. Hicks 891 Kendall Drive Marco Island, FL 33937 The Lien was recorded on December 3, 1991 in Official Record Book 1667, Page 1282, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. Thc Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 13, Block 101, MARCO BEACH, UNIT THREE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs exec%tion and recording of this Satisfaction of Lien, by action of the Board this_ ?~ day of ~f]cq v= ,~/.4. ~ .., 1997. D~..GHT E. BRQC:~ Clerk ' S BOARD OF COUNTY COMMISSIONER . COLLIER COUNTY, FLORIDA CHAm N This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 6 D2 "" *** 2244843 OR: 2361 PG: 1080 *** 11/~7D7 a~ 05:50~ Hl~r I. H0Cl, CillI IIC HI COHlS ~.00 IITHOHICl 4TH Property Folio No. #57365480004 SATIS~LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FI,ORIDA was the owm~,r and holder of a certain Lien against: Casimiro A. Eguizabal and Marlene Eguizabal 3354 S.W. 123rd Ave Miami, FL 33175 The Lien was recorded on April 21, 1995 in Official Record Book 2051, Page 1205, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 3, Block 229, Marco Beach Unit Six Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that thc Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this u ~ f Satisfaction of Lien, by action of the Board this~_~dav o 7 Itt. Lq.-(~-~. , 1997. AT~.-EST:" "" t?. D~V~IGHT E. B~,..~, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2244844 OR: 2361PG: 1081 '" ii¢OR~ID l~ OFFICIAL RICO~D$ of C0~$Iil COal?l, FL 11/07/t7 l~ O~:~OAJ( D¥I(~ I. BRO¢I, CLIII RIC FIi ~,00 1.00 CLIII TO I~1 BOAD II?ilOFFICl 47~ FLOOR 7240 Property Folio No. $$57365480004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Casimiro A. Eguizabal and Marlene E. Eguizabal 3354 S.W. 123r~ Ave. Miami, FL 33175 The Lien was recorded on May 13, 1991 in Official Record Book 1615, Page 541, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 3, Block 229, Marco Beach Unit Six Collier County, a political subdivision of the State of Florida, hereby, acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that thc Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County', Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this_~ff day of W ?rY., [~£ , 1997. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Assistant County Attorney This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2244845 OR: 2361PG: t082 ICICO~DI~ i~ 0~[I¢IIL ~ICO~D$ o[ ¢0LLIII C001?I, COPIl$ l,O0 lete: ¢~111 lO ~BI BOAID II?ltOI?IC! Il) fLOOR II! 72i0 Property Folio No. #57369200002 _SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Perla Dias 8261 NW 166th Terrace Miami Lakes, FL 33016 The Lien was recorded on March 22, 1996 in Official Record Book 2161, Page 2136, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 1, Block 235, MARCO BEACH SUBDIVISION, UNIT SIX Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases ~o exist. IN WITNESS WHEREOF, the Board of Count)' Commissioners of Collier County. Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ,~ day of '! .?!,~ ~_L~c'~ , 1997. ATTEST: '/, ,C.//_.~_z.,,_/~~~q,GHT E. BRoCl~Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNWY. FLORI DA CHAIRMAN Approved{ as to form,& l~al ~suff '1 "ls~ C~unty Attorney This instrument prepared by: Heidi F. Ashton Assistant CounW Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2244846 OR: 2361 PG: 1083 *** ilCOEID i~ O~IICI~ H¢OE$ o! COL~II! COglI~T, ~ C~IH ~0 ?~! Property Folio No. #59024000008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Varnville Corp % Y Braunschweig Betthust 48 Lausanne, Switzerland 1012 The Lien was recorded on August 23, 1996 in Official Record Book 2220, Page 1871, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 20, Block 787, ora REPLAT OF A PORTION OF MARCO BEACH UNIT TWENTY-FIVE Collier County, a political subdivision of the SLate of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this._.~__, _day of '~/?..~ ~ ~J/-' '~' , 1997. A~f~i, EST:. ".:. :-~DWIGHT E. BI{~¢K, Clerk :,t - ~ .,,.,~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approv~ as to form &ll?c~al sufficier,:.y ~ 'A$~is~nt' Count~ AttorneJ This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2244847 OR: 2361 PG: 1084 11/01/97 at 0::50~ OilGlt! I. BROCL iet~: II'I'IIO[HCl &t~ S1~ THO Property Folio No. #57745920003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUN'I~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Ajuad Abou Asali Foto Estudio La Linda Pasaje Pk Local D San Felix, Estado Bolivar Venezuela The Lien was recorded on September 16, 1996 in Official Record Book 2228, Page 2110, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 1 Block 293 of Marco Beach Unit EIGHT Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this t~l day of !? ~,;mt~s., , 1997. DWIGHT. E. BROCK} Clerk CHAIRMAN This instrument prepared by: Heidi F, Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 16 2 *** 22 48 8 OR: 2361 PG: 1085 *** COFII$ 1,00 ~et~: C~IH TO '~l BO~D !II 1210 Property Folio No. #36000760000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: William J Cavin & Janet K Cavin 4214 31't P1 SW Naples, F1 33999 The Lien was recorded on January 03, 1997 in Official Record Book 2268, Page 0124. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 11, Block 101, GOLDEN GATE UNIT NO. 3 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this ' i,~ ~.-v~r~- 1997. Satisfaction of Lien, by action of the Board this /~ _da)' of ~' · ', . ATTEST: DV~[.GHT E. BROdl~ Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: CHAIRNiAN Th~ instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2244849 OR: 2361PG: 1086 il¢ H! 6.00 ¢0Mi$ ~,00 leta: I~I[O~HCl 17~ Property Folio No. #76210800008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENWS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Michael R Fredrickson Virginia Fredrickson 3099 4Pt Terr SW Naples, FL 33999 The Lien was recorded on March 27, 1997 in Official Record Book 2299, Page 1029, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Four Hundred Dollars(S1400.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: The South ~h of Lots 25 and 26, Block 4, W.H. SURRENCY'S Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ..~ day of ~fF~'¢~..[:'e'~ , 1997. ATTEST: ,7,~, DWIGHT E. BRQ~ Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA CaAm ff Apprvd,sto rm 1 al~~ This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2244850 OR: 2361 PG: 1087 *** IICOi~D ii OI[ICI/~ 11/07/97 at ilo H! 6.00 COHI$ 1.OO CLBH ~0 ?~! BOA~ IFII~OUIC! Property Folio No. #58044040007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Eric A Mandell Todd A Higgins 6017 Pine Ridge Rd Ext #230 Naples, F1 33999 The Lien was recorded on September 25, 1995 in Official Record Book 2102, Page 0857, in the Office of the Clerk of the Circuit Cour~ of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 10, Block 382, MARCO BEACH, UNIT TWELVE Collier County, a political subdivision of thc State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County. Florida, acting through its Chairman, directs execution and recording .of this Satisfaction of Lien, by action of the Board this ~____day of (/',T,'!~ ~,.L~-~. , 1997. ATTEST: ,. ,. DWIGHT E. BRO~CK/~Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA Ct-LMRMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the CounW Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2244858 OR: 2361PG: 1096 *** ~0PIH 1.oo CLIil ?0 ~1 ~Oil~ Property Folio No. #62770280004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Herman J Maurer ET AL 1323 Foxglove Ave Pickering Ontario Canada L1W 1ES The Lien was recorded on November 06, 1995 in Official Record Book 2116. Page 0658, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Twenty Dollars(S220.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 15, Block 61, Naples Park, Unit No. 5 Collier County, a pohtical subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this /.~t~; day of ~f}7~r~./~-/[. , 1997. AT.I~EST: ~':, DWIGHT E. BR~)c~{~ Clerk lc* : ~ '"' i .I;¥i:: BOARD OF COUNTY COMNIISSIONERS, COLLIER COUNTY, FLORIDA By: ~~~/~~ CHAIRMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 16D2 ' *** 2244859 OR: 2361PG: 1097 **' DCOIDID tm O~llCla~ H¢011)a o[ ¢o~Ili ¢O~'ITI, ~ I1/07/97 at 0B:5i~ DWIG~t I. HOCK, C~IH RIC ~11 ~.00 1.00 let~: ¢~lll& ~0 ?~& BOAD II?l~O~ll¢l &?~ ~OOR Property Folio No. #62155920002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Rosa De Cores and Teresita Mendez 7817 S.W. 119th Rd. Miami, F1 33183 The Lien was recorded on MarchlS, 1996 in Official Record Book 2159, Page 0876, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Five Hundred Fifty Dollars(S550.00), plus accrued interest and penalties, ff any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 16, Block 9, NAPLES MANOR ANNEX Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thm_~___._day of £~, 1997. ~GHT E. BRO'C~lerk ~ -2, , .... .-,,_~~. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By:~ -' ' l,~.'.:tr,[ .a,;-,t; This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2244860 OR', 2361 PG', 1098 *** IITI~OUIC~ (T~ Property Folio No. #62155920002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Rosa De Cores and Teresita Mcndcz 7817 S.W. 119th Rd. Miami, Fl 33183 The Lien was recorded on March 24, 1997 in Official Record Book 2297, Page 1939, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. Thc Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 16, Block 9, NAPLES MANOR ANNEX Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that thc Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County. Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~__day of ~/~,e~_[~-6~ , 1997. A'~I'EST: '"" - DWIGHT E. BROC~ Clerk ¢, . '~.'~ , ~ ..,, ~. ', ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA CHAIRM~N This instrument prepared by.'~--~. Heidi F. Ashton (a(~/) Assistant County Attorney ~ Office of the County Attorney 3301 East Tnmiami Trail Naples, Florida 34t12 (941) 774-8400 *** 2244861 OR: 2361 PG: 1099 *** HCOI. I}I~ 1~ OIIlClk~ HCGID$ ~[ CO~LIII COIlIlTI, 1t IIC HI Property Folio No. #36316240007 SATISFACTION OF LIEN KNOW ALL M~N BY THESE PRESENTS: That the BOARD OF COUNTY COM~{~SIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: The New York Times Co % Herber~ Valentine 229 W 43,a St New York, NY 10036 The Lien was recorded on June 28th, 1996 in Official Record Book 2200, Page 1229, in the Office of the Clerk of the Circuit Court of ColLier County, State of Florida. The Lien secures the principal sum of Four Hundred Eighty Dollars ($480.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in CoLLier County, Florida, described as follows: Commencing at the centerline intersection of Golden Gate Parkway and Coronado Parkway as shown on the Plat of Golden Gate, Unit 6 as recorded in Plat Book 5 at Pages 123-124 inclusive, of the Public Records of Collier County, Florida; thence along the centerline of Coronado Parkway, N38 degrees 54' 39" W 90.0 feet; thence S 51 degrees 05' 21" W 53.0 feet to the Southwesterly Line of said Coronado Parkway; thence 39.27 feet along the arc of a circular curve, concave to the Northwest, radius 25.0 feet, chord bearing S 6 degrees 05' 21" W 35.36 feet to the Northwesterly line of said Golden Gate Parkway; thence along the Northwesterly line of Golden Gate Parkway, S 51 degrees 05' 21" W 250.0 feet for a PLACE OF BEGINNING: thence continuing S 51 degrees 05' 21" W 110.0 feet; thence N 38 degrees 54' 39" W 275.0 feet; thence N 51 degrees 05' 21" E 110.0 feet; thence S 38 degrees 54' 39" E 275.0 feet to the place of beginning, being a part of Block 200 of said Golden Gate, Unit 6. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of CoLLier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, dLrects execution and recording of this Satisfaction of Lien, by action of the Board this ~/~t' day of_~ ~i./)~/~' , 1997. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA THOMAS L. HANCOCK , CHAIRMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2244862 OR: 2361 PG: 1100 II:O~lO lm OUICIA~ HCO~O$ o~ CO~IH ¢0M15 1,00 Property Folio No. #57738200002 SATISFACTION OF LIEN KNOW ALL MEN Bi' THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Leonard J Bubri Nickolas Karalis P O Box 142 Lima, PA 19037 The Lien was recorded on March 27, 1997 in Official Record Book 2299, Page 1002. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Five Hundred Forty Dollars(S540.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 20, Block 280 of Marco Beach Unit No. Eight Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that thc I,ien ce,scs to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this !,.~'~'~ ..day of ¥~,,F~v./y~c.-._ 1997. ATT~EST: , ~. D.~/t'~HT E. BROCI~Clerk · /. ',- / '~ . BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA CHAIRNbkN This instrument prepared by: Heidi F. Ashton A~sistant County Attorney Office of the County Attorney 3301 East T_~minmi Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. #36316240007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: New York Times Co The % Herbert Valentine 229 W 43,4 St New York, NY 10036 The Lien was recorded on August 28, 1995 in Offidal Record Book 2093, Page 0964, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Nine Hundred Fifteen Dollars(S915.00), plus accrued interest and penalties, ff any, and imposes certain obhgations against real property situated in Collier County, Florida, described as follows: Commencing at the centerline intersection of Golden Gate Parkway and Coronado Parkway as shown on the Plat of Golden Gate, Unit 6 as recorded in Plat Book 5 at Pages 123-124 inclusive, of the Public Records of Collier County, Florida; thence along the centerline of Coronado Parkway, N38 degrees 54' 39' W 90.0 feet; thence S 51 degrees 05' 21" W 53.0 feet to the Southwesterly line of said Coronado Parkway; thence 39.27 feet along the arc ora circular curve, concave to the Northwest, radius 25.0 feet, chord bearing S 6 degrees 05' 21" W 35.36 feet to the Northwesterly line of said Golden Gate Parkway; thence along the Northwesterly line of Golden Gate Parkway, S 51 degrees 05' 21" W 250.0 feet for a PLACE OF BEGINNING: thence continuing S 51 degrees 05' 21" W 110.0 feet; thence N 38 degrees 54' 39" W 275.0 feet; thence N 51 degrees 05' 21" E 110.0 feet; thence S 38 degrees 54' 39' E 275.0 feet to the place of beginning, being a part of Block 200 of said Golden Gate, Unit 6. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this__~_~day of; t ?".'¢ ~ /. ~-('~-' -, 1997. AT'rEST: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA THOMAS'L. HANCOCK , CHAIRMAN ~; ,~ ,,t ~t~¢rne~ This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiaml Trail Naples, Florida 34; 12 (941) 774-8400 *** 2244864 OR: 2361 PG: 1102 U¢OI~ID tn OHICIAL tlCO~ o! e0!,LIl! t11071~7 ~t ol..s(u P~X~ I. u~t, I~: Property Fo~o No. #35998960007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Al~ed R Sanchez Estate 1820W46 ST #712 Hialeah, FL 33103 The Lien was recorded on June 09, 1994 in Official Record Book 1955, Page 2207, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. Thc Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, ff any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 13, Block 99, Unit 3, GOLDEN GATE CoLlier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels thc Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN W/TN'ESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this tic''' da)' of '-f ~/~-J/~'.- 1997. A'l'rg .~: ~';~ DWIOHT E. BRqC ~K:,. Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA C .aIaMXN -- ' Assist~nt'Countl ~ttorr,~j This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 H/O?/tl &t OI:SIUI O1II;Jl'l l, llOCt, Property Folio No. #77210680007 SATISFACTION OF LIEN. KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Catherine A Stimman 129 1't St Trail Acres Naples FL 33962 The Lien was recorded on October 04, 1996 in Official Record Book 2236, Page 0139, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Seventy-five Dollars(S375.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as £ollows: Lot 11 and 12, Block 2, TRAILACRES Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs exe.cp..tion and recording qf this Satisfaction of Lien, by action of the Board this_ ~ ..day of ~/i~cu~'~'~, 1997. E. BROCI~ Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA CHAIRM/AN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Tra~l Naples, Florida 34112 (941) 774-8400 '" 2244866 OR: 2361 PO: 1104 lie HI ~.00 let~: CLlll TO THi ~OAEO II! 72(0 Property Folio No. #77210680007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That thc BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Catherine A Stimman 129 1~t St Trail Acres Naples FL 33962 The Lien was recorded on March 22, 1996 in Official Record Book 2161, Page 2134, in the Office of the Clerk of the Circuit Court of Collier County, State of Florid:]. Thc Lien secures the principal sum of Two Hundred Ninety Dollars(S290.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 11 and 12, Block 2, TRAILACRES Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that thc Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~c(, day of '~ ..~.9~-,>~-~:~--' 1997. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to fo~ & le~a! ~u~fi~er,'~.~ - I--~t~nt'Co~n~~ Lttorne~ This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2244867 OR: 2361 PG: 1105 I1/07/~7 at 01:5(~11DlI~,ll? I. Bi0Ci, CLIII II~ HZ c0~Ii$ 1.oo ~t~: CLi~ TO T~! B~X~D lit ~240 Property Folio No. #56863280008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUN'I"f COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Beverly A Steigerwald EST 304 Derby St Newton, MA 02165 The Lien was recorded on December 09, 1994 in Official Record Book 2009, P.ge 2144, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Ninety Dollars(S290.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 13, Block 90, MARCO BEACH UNIT THREE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that thc Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County. Florida, acting through its Chairman, directs execution and recording of this Satisfa6tion of Lien, by action of the Board this ~r~ day of '~)~-,'~J~ 1997. D._~ .WIGHT E. B'~OC% Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA ' CHAIRM~N ASis'[a~t dO~nt3 Attorne! This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2244878 OR: 2361 PG: 1141 co~II~ 1,0o ¢~11[ ~0 ?~1 Property Folio No. #56863280008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Beverly Steigerwald EST C/O David Steigerwa]d 304 Derby St Newton, ]vIA 02165 The Lien was recorded on November 17, 1995 in Official Record Book 2120, Page 2003, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against rea] property situated in Collier County, Florida, described as follows: Lot 13, Block 90, MARCO BEACH UNIT THREE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full sat{sfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by act~on of the Board thm ~ day of //,~x''~-~-; , 1997. A71~.~T: ~/"' ' WIGHT E. BRCIC~ Clerk "0~ ?. '.~ ~,;~%'"'"' BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA CHAIRI~IAN ....~ 4 ,S 'tO for .... ' ,~,,::,~L~lt (O,Jnty .tLC: :":1 This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2244879 OR: 2361 PG: 1142 *** H/07/U &t 01:58.~ D¥~GHT I. BROCE, COPII$ 1.00 Property Folio No. #56803640006 ~F LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Josef Heinz Obert P O Box 1205 Barrie Ontario Canada L4M 5E2 The Lien was recorded on May 06,1996 in Official Record Book 2179, Page 0042, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. Thc Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against rca] property situated in Collier County, Florida, described as follows: Lot 22, Block 66, MARCO BEACH UNIT TWO Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt o£payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that thc Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida acting through its Chairman directs execution and recording of this Satmfactmn of Lmn, by action of the Board this__~!_day of ~, 1997. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA CHAIRMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2244880 OR: 2361 PG: 1143 *** i1¢ Hi ~et~: Property Folio No. #56803640006 S TI IO OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was thc owner and holder of a certain Lien against: Josef Heinz Obert P O Box 1205 Barrie Ontario Canada L4M 5E2 The Lien was recorded on April 21, 1995 in Official Record Book 2051, Page 1189, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 22, Block 66, MARCO BEACH UNIT TWO Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier Count)', Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this_~__day of ~, 1997. BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA CHAIRMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 1602 *** 2244881 OR: 2361 PG: 1144 *** 1.00 Property Folio No. #57745920003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Ajuad Abou Asali Foto Estudio La Linda Pasaje Pk Local D San Felix, Estado Bolivar Venezuela The Lien was recorded on September 16, 1996 in Official Record Book 2228, Page 2110, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00). plus accrued interest and penalties, ffany, and imposes certain obligations against renl property situated in Collier County, Florida, described as follows: Lot 1 Block 293 of Marco Beach Unit EIGHT Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge tha~ the Lien cerises ~o exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recoreting of this Satisfaction of Lien, by action of the Board this ~/~-. dayof ~1~_~". ~. ,~, ,.~ ',-.... 1997. A .T~.'T: .../'/,_'/ D~I(3HT E. Bo.R~Clerk BOARD OF COUNTY COMMISSIONERS, CHAIRMAN Assistant Count~ Attorne~. This instrument prepared Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East T.miami Trail Naples, Florida 34112 (941) 774-8400 2244882 0R: 2361 PG: 1145 C~llI ?0 T~ [I~IiO~H¢I ~B ~LO0~ Property Folio No. #36316240007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: The New York Times Co % Herbert Valentine 229 W 43'a St New York, NY 10036 The Lien was recorded on April 21", 1995 in Official Record Book 2051, Page 1179, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-Five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Commencing at the centerline intersection of Golden Gate Parkway and Coronado Parkway as shown on the Plat of Golden Gate, Unit 6 as recorded in Plat Book 5 at Pages 123-124 inclusive, of the Public Records of ColLier County, Florida; thence along the centerline of Coronado Parkway, N35 degrees 54' 39' W 90.0 feet; thence S 51 degrees 05' 21' W 53.0 feet to the Southwesterly line of said Coronado Parkway; thence 39.27 feet along the arc of a circular curve, concave to the Northwest, radius 25.0 feet, chord bearing S 6 degrees 05' 21' W 35.36 feet to the Northwesterly line of said Golden Gate Parkway/; thence along tho Northwesterly line of Golden Gate Parkway, S 51 degrees 05' 21' W 250.0 feet for a PLACE OF BEGINNING: thence continuing S 51 degrees 05' 21' W 110.0 feet; thence N 38 degrees 54' 39" W 275.0 feet; thence N 51 degrees 05' 21' E 110.0 feet; thence S 38 degrees 54' 39" E 275.0 feet to the place of beginning, being a part of Block 200 of said Golden Gate, Unit 6. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 'J v day of ~f - .~ ~. ' ~-- . 1997. DWIGH.T E: B~Q~% Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA THOMAS Z~. PI~ANCdd~ i dHAIR, This instrument prepared by:_ Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tnmiami Trail Naples, Florida 34112 (941) 774-8400 **' 2244883 OR: 2361 PG: 1146 "' 11/07/97 aL 01:$8~ O~Ie~f I, BLOC[, CLIH IITIIOFH~I ~?H FLOOR lit Property Folio No. #36316240007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: The New York Times Co % Herbert Valentine 229 W 43,a St New York, NY 10036 The Lien was recorded on September 16th, 1996 in Official Record Book 2228, Page 2097, in the Office of the Clerk of the Circuit Court of Co]her County, State of Florida. The Lien secures the principal sum of Three Hundred Dollars(S300.00), plus accrued interest and penalties, ff any, and imposes certain obligations against real property situated in Co]her County, Florida, described as follows: Commencing at the centerline intersection of Golden Gate Parkway and Coronado Parkway as shown on the Plat of Golden Gate, Unit 6 as recorded in Plat Book 5 at Pages 123-124 inclusive, of the Public Records of Collier County, Florida; thence along the centerline of Coronado Parkway, N38 degrees 54' 39" W 90.0 feet; thence S 51 degrees 05' 21" W 53.0 feet to the Southwesterly line of said Coronado Parkway; thence 39.27 feet along the arc of a circular curve, concave to the Northwest, radius 25.0 feet, chord bearing S 6 degrees 05' 21' W 35.36 feet to the Northwesterly line of said Golden Gate Parkway; thence along the Northwesterly line of Golden Gate Parkway, S 51 degrees 05' 21" W 250.0 feet for a PLACE OF BEGINNING: thence continuing S 51 degrees 05' 21" W 110.0 feet; thence N 38 degrees 54' 39" W 275.0 feet; thence N 51 degrees 05' 21" E 110.0 feet; thence S 38 degrees 54' 39' E 275.0 feet to the place of beginning, being a part of Block 200 of said Golden Gate, Unit 6. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~/'~' day of __ . ','..~ ~.-, ,.. , 1997. BOARD OF COUNTY COI~EVIISSIONERS, COLLIER COUNTY, FLORIDA A~& lfq. al surf!eicon.U ' Assis~.&nt Cour, ty A[torn~y This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiam:, Trail Naples, Florida 34112 (941) 774-8400 602 *** 2244884 OR: 2361 PG: 1147 ~ICOIDI~ in O~HCI~L 11C01~$ of CO~II! CO~IY~, II/07/97 at 08:51~ DV~GF'~ I. ~iOCl, ilo HI 6,00 COHI$ l.OO letu: IlfflIOFHCI !?~ rLO01 IZT Property Folio No. #62155920002 N F LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Rosa De Cores and Teresita Mendez 7817 S.W. 119th Rd. Miami, Fl 33183 The Lien was recorded on July 19, 1996 in Official Record Book 2208, Page 0332, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Twenty-nine Dollars(S329.00). plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 16, Block 9, NAPLES MANOR ANNEX Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that thc Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs exec. ution and recording of this Satisfaction of Lien, by action of the Board this ~_._~ day of ~1 · ~;~'-,. , 1997. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY:-c~ This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2244885 OR: 2361 ?G: 1148 *** ILI¢OI~i~ ia O~LrCIl~ ILICOD$ o~ CO~III CO~, ~ II/0U~7 ~t 0~:S~ D~I~? I, ~0CK, CLIH HC HI ] CHH ?~ ?~1 ~0~ Property Folio No. #62155920002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNT%' COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Rosa De Cores and Teresita Menendez 7817 S.W. 119'h Rd. Miami, F1 33183 The Lien was recorded on January 24, 1991 in Official Record Book 1587, Page 2320, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Four Hundred Seventy Dollars(S470.00), plus accrued interest and penalties, if any, and imposes certain obligations against rca1 property situated in Collier County, Florida, described as follows: Lot 16, Block 9, NAPLES MANOR ANNEX Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby' cancels ~he Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier Count}'. Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~; day of !: , , ..... . 1997. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA CHAIRM~AN Approved~ as to fom &_legal s,/f(ci~r<y Assist~t ~ountj~ At;~-r,-~ This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tam/ami Trail Naples, Florida 34112 (941) 774-8400 *** 2244886 OR: 2361PG: 1149 *** II~OI~D l~ OHI¢Ii~ HCO~$ o~ CO~IH CO~T~, ~ Il/OUt? ~t 01:58~ 0~I~? I. BROCK, CLHK HC H! ~,00 COPII5 II! Property Folio No. #29505006454 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Dorothy L. Mattevi, Registered Agent Kingdom Bay Builders Inc 6891 Erin Marie Court Fort Myers, FL 33919 The Lien was recorded on October 12, 1992 in Official Record Book 1760, Page 1068, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, ffany, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 80, The Crossings, Mill Run, Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels thc IAcn. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners f)f Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this :c~4 day of 1 ;~L,t,~.~,~ , 1997. ,. ,~:~ .,~.,.o.,. , _% ~. D~IG'HT E. BROH2:~-' Clerk ~'~, . /% ::,,;~, BOARD OF COUNTY CO/vIMISSIONERS, COLLIER COUNTY, FLORIDA CHAIRMAN -- As~is'{aKt County Attorney This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2244887 OR: 2361 PG: 1150 COPII$ letn: CLIll ?0 ?H1 BOA~D Property Folio No. #29505006454 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Kingdom Bay Builders Inc 1917 Countess Ct Naples FL 33942 The Lien was recorded on August 18, 1994 in Official Record Book 1977, Page 1710, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 80, The Crossings, Mill Run, Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels thc Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this t.~t/ day of ] iL,(^,-, ~ . 1997. ATT~kqT:. . £ D~OHT E.' BR00~. Clerk BOARD OF COUNTY COMIvlISSIONERS, COLLIER COUNTY, FLORIDA Approyef as to form &,)eqa] sufficiency _. ,,/-- ' AssistJn~Tountj, At:o~ This instrument prepared by: Heidi F. Ashwn Assistant County Attorney Office of the County Attorney 3301 East Tam/ami Trail Naples, Florida 34112 (941) 774-8400 *** 2241888 OR: 2361 PG: 1151 lie H1 CO,IlS 1.00 CLIII lO ?~1 ~OAJ~ IX! 7240 Property Folio No. #56731640000 SATISFACTION OF LIEN.. KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Charles D Walton & Virginia E Walton RR #3 Box 207 I Mullica Hill, NJ 08062 The Lien was recorded on May 06,1996 in Official Record Book 217.9, Page 0046, in the Office of the Clerk of the Circuit Court o! Collier County, State of Florida. Thc Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 28, Block 132, of a Replat of portions of Blocks, 28, 120, 123, and 132, MARCO BEACH UNIT NO. 1 and UNIT NO. 4, a SUBDIVISION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~-]'~..._day of ~[ 1~,~.~.~. . 1997. BOARD OF COUNTY COMIVlISSIONERS, COLLIER COUNTY, FLORIDA CHAIRIvI~N Appr~eld as to fo~m ~l~ncY This instrument prepared b~ffr~ Heidi F. Ashton (L)~/~/ Assistant County Attorney ~ Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. #36316240007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: The New York Times Co % Herbert Valentine 229 W 43'a St New York, NY 10036 The Lien was recorded on January 16th, 1996 in Official Record Book 2138, Page 1293, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Sixty-Nine Dollars ($269.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Commencing at the centerline intersection of Golden Gate Parkway and Coronado Parkway as shown on the Plat of Golden Gate, Unit 6 as recorded in Plat Book 5 at Pages 123-124 inclusive, of the Public Records of Collier County, Florida; thence along the centerline of Coronado Parkway, N38 degrees 54' 39" W 90.0 feet; thence S 51 degrees 05' 21" W 53.0 feet to the Southwesterly line of said Coronado Parkway; thence 39.27 feet along the arc ora circular curve, concave to the Northwest, radius 25.0 feet, chord bearing S 6 degrees 05' 21" W 35.36 feet to the Northwesterly line of said Golden Gate Parkway; thence along the Northwesterly line of Golden Gate Parkway, S 51 degrees 05' 21" W 250.0 feet for a PLACE OF BEGINNING: thence continuing S 51 degrees 05' 21" W 110.0 feet; thence N 38 degrees 54' 39" W 275.0 feet; thence N 51 degrees 05' 21" E 110.0 feet; thence S 38 degrees 54' 39' E 275.0 feet to the place of beginning, being a part of Block 200 of said Golden Gate, Unit 6. Collier County, a political Subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recordin~ of this Satisfaction of Lien, by action of the Board this ~ ..day of ~ ~:~, ;b~-, ., 1997. 2244889 OR: 2361 PG: 1152 11/01/11 it OI:$1.UI O¥l~ff l, IlO¢l, C~IH IIC ?11 lttn: C[llI ?0 THI BOA~D BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA THOMAS L. HANCOCK , CHAIRMAN Ass i~tant ~Ccunt.~ ittorne~ This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 16D2 2244890 OR: 2361 PG: 1153 COMI$ LO0 ltt:: 72(0 Property Folio No. #00162240009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: John J Barone 6089 Janes Lane Naples FL 33940 The Lien was recorded on April 22, 1994 in Official Record Book 1938, Page 1543, in the Office of the Clerk of the Circuit Court of Collier County, State o£ Florid~. The Lien secures the principal sum of Three Hundred Dollars(S300.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: All that part of Section 24, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows; Commencing at the northeast corner of said Section 24; thence along the north line of said Section 24, South 88°-56' -38" West 1987.14 feet to the east line of the north ½ of the south ½ of the northwest '/, of the southwest ¼ of the northeast 'A of said Section 24; thence along said east line, South 0°-02' 01" West 1679.92 feet to the POINT OF BEGINNING of the parcel herien described; thence continue along said east line, South 0°-02, 01' West 145.99 feet to the south line of the north ½ of the south ½ of the northwest ¼ of the southwest 'A of the northeast 'A of said Section 24; thence along said south line, South 89° - 05' - 55" West 370.63 feet; thence leaving said south line, North 0°-54, -05" West 145.88 feet; thence North 89°-05' -04" East 373.01 feet to the Point of Beginning of the parcel herein described; subject to an easement over and across the east 30 feet thereof and subject to other easements and restrictions if any; bearings are based on north line of said section 24, being South 88° -56' -38" West; containing 1.25 acres more or less. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. lOUg-. ' *** OR: 2361 PG: 1154 *** IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satizfaction of Lien, by action of the Board this_ q~' _day of 'J ~ ~,6,.-{ ~-~ ~., 1997. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ~o~nt.v ~ttorne~ 16Et October 9_ !, i 997 Commissioner Tim Hancock Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 RE: Pelican Bay Services Division Compensation Schedule Update Dear Commissioner Hancock: Pursuant to Section V oflhe Engineering Agreement between Wilson. Miller. Barton & Peek and Pelican Bay Improvement District dated January 21. 1987. we respectfully request that thc Board approve a new compensation schedule. The schedule is attached for )'our review. Wilson Miller last requested and was granted a compensation schedule change in 1991. Over the past 6 years we have managed to hold that schedule, but we are no longer able to do so due to inflationary pressures. Please approve the enclosed compensation schedule and return one copy for our files. Sincerely, WILSON, MILLER, BARTON & PEEK, INC. Stephen A. Means, P.E, Vice President The Engineer shall be paid for all time and material (T/M/E) services at the hourly rates shown in the enclosed COMPENSATION SCHEDULE for new work authorizations effective November 1. 1997. Chairmafi ~u /d/ ,c -.~.oilier County B0a~.d of County Commissioners Stephen A. Vice President ... Wilson, Miller. Barton & Peck, Inc. .~,..Authorlzed$.ls~_.~__t~ypf.~._.~,. 1997 Acceptedthis°ol day of ~C{?..~Q~~, 1997 .,,, A~iL~I~~': . :,.?--..~.: . . .... . 16El WORK AUTHORIZATION This Work Authorization made and entered into this'q/~6 day of '~ ~ 1997, by and between the Board of County Commissioners of'-Collier County, Florida, a t'~litical subdivision of the State of Florida, hereinafter referred to as "COUNTY" and Wilson, Miller, Barton & Peek, Inc., a Florida corporation, hereinafter referred to as "ENGINEER". WITNESSETH: WHEREAS, ENGINEER entered into an engineering agreement dated January 21, 1987, with the Pelican Bay' Improvement District to perform general consulting services involving engineering, surveying, planning, environmental management, or permitting, financial or economic feasibility studies, water and sewer utilities, water management facilities, street lighting facilities and other infms'tmcture and civil-type Projects for the Pelican Bay Improvement District, as defined by supplemental agreements; and WHEREAS, the Pelican Bay Improvement District was dissolved and under the Plan of dissolution, COUNTY assumed the fights and obligations of all contracts for services and materials to which the Pelican Bay Improvements District was a party; and WHEREAS, pursuant to the agreement between ENGINEER and the Pelican Bay Improvement District, COUNTY wishes to contract with ENGINEER to providc engineering services for Projects serving the Pelican Bay area. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Work Authorization, it is mutually understood and agreed ss follows: 1. PROJECT DF~CRIPTION: The Project consists of the design, bidding, and construction phase services associated with a portion of the "Clam Bay Restoration and Management Plan." The purpose of the plan is to set forth a coherent and task oriented package of practical solutions for the restoration of the Clam Bay ecosystem and the regeneration of the dying mangroves. The following scope of services outlines the work necessary to accomplish the construction portion of the plan. For bidding and contracting purposes, the Project is separated into smaller Projects follows: Projec'~'-'---'-~Project Description Management Plan Section Number 1 Clam Pass Tidal Creeks 4.5.2 Cuts 1,2, and 3 2 Clam Pass Main Channel 4.5.2 Cut 4 3 Interior Tidal Cree 'ks 4.5.3 4 Seagate Culverts 4.5.1 The separation into smaller Projects will provide flexibility in a~varding thc construction contracts allowing the County to select up to four contractors to complete t~- entre: Project Initial conversations with marine and dredging contractors indicate that N.~cau.~ thc work encompasses various contracting specialties, most contractors will not ~-ant to bid thc entire Project without large mark-ups on the sub-contracted portions. In addition, and because time is a factor in the completion of the Project, multiple contractors can finish the Projcct in less time than one contractor can. Projects I and 2 - Clam Pass Tidal Creeks and blain Channel Field studies revealed two different conditions that contribute to the observed mangrove mortality. The tidal creeks leading north from Clam Pass and the two upper bays arc surrounded by a berm that functions as a dike separating thc tidal creeks and upper bays from smaller embayments within the mangrove forest. Rainwater ponds behind the berm for prolonged periods. The ,second condition that contributes to prolonged periods of flooding results from thc existing geometry and bathymetry of the bays and connecting tidal creeks and flow channels. The tidal creek leading north from Clam Pass is narrow and extremely sinuous. In addition, the northern end of the creek connecting Inner Clam Bay and Upper Clam Bas is extremely constricted. The restricted condition of the tidal creeks dramatically reduces the tidal range in the upper bays. This reduction is due to the relatively small cross sectional dimensions of the creek and its sinuous nature. Excavation in these area_s to enlarge them to the average cross section of the creek will significantly increase tidal llow in the creek without the destruction of mangroves. For bidding and contracting purposes, the Project is separated into smaller Projects follows: Projec---'"'~'~ Project Description 1 Clam Pass Tidal Creeks Cuts 1,2, and 3 2 Clam Pass Main Channel Cut 4 3 Interior Tidal Creeks 4 Seagate Culverts Management Plan Section Number 4.5.2 4.5.3 4.5.1 The separation into smaller Projects will provide flexibility in a~arding thc construction contracts allowing the County to select up to four contractors to complete the entire Project. Initial conversations with marine and dredging contractors indicate that N.~causc thc work encompasses various contracting specialties, most contractors will not want to bid thc entire Project without large mark-ups on the sub-contracted portions. In addition, and because time is a factor in the completion of the Project, multiple contractors can finish thc l'roject in less time than one contractor can. Projects I and 2 - Clam Pass Tidal Creeks and blain Channel Field studies revealed two different conditions that contribute to the observed mangrove mortality. The tidal creeks leading north from Clam Pass and the two upper bays are surrounded by a berm that functions as a dike separating the tidal creeks and upper bays from smaller embayments within the mangrove forest. Rainwater ponds behind the berm for prolonged periods. The second condition that contributes to prolonged periods of flooding results from thc existing geometry and bathymetry of the bays and connecting tidal creeks and flow channels. The tidal creek leading north from Clam Pass is narrow and extremely sinuous. In addition, the northern end of the creek connecting Inner Clam Bay and Upper Clam Bay is extremely constricted. The restricted condition of the tidal creeks dramatically reduces the tidal range in the upper bays. This reduction is duc to the relatively small cross sectional dimensions of the creek and its sinuous nature. Excavation in these arenas to enlarge them to the average cross section of the creek will significantly increase tidal llow in the creek without the destruction of mangroves. 11¥TJ,~/*l~P64 Vm' OIt.AW#I To reduce the flooding tendencies of the upper (northern) bays, the hydraulic efficiency of the tidal creeks will have to be improved and openings will have to be made in the berms surrounding the isolated smaller bays and an efficient flow channel will have to be maintained between Clam Pass and the Southern terminus of the tidal creeks. ]'his wilt be accomplished by excavating the constricted tidal creeks and Clam Pass Spoil excavated from Cuts 1, 2, and 3 will be sprayed over the adjacent cha.qnel banks or transported to the back of the beach dune. Spoil excavated from Cut 4 will be deposited in spoil disposal sites. The resulting channels will retain their sinuous nature to the fullest extent possible. No mangroves will be removed except where absolutely essential to the implementation of the Plan and the volume of excavated material has been designed to minimize the amount removed. Project 3 - Interior Tidal Creeks The existing interior tidal creek system of Clam Bay consists of three conditions distributed throughout Clam Bay. The three conditions are: 1) nonexistent, 2) restricted or blocked, and 3) restored. All of these factors have combined to retard the function of the tidal channels with the result being that they are beginning to silt in some places and in other places the tidal channels no longer exist. This has resulted in the loss of natural channel maintenance pmce.tses with the consequence being that the interior tidal channels are in many areas of Clam Bay totally filled in (nonexistent) or on a track to be totally filled in absent some effort at restoration (restricted or blocked). It is proposed that an additional 32,963 linear feet of restored channels of four types be co~ in phases in Clam Bay. The scope herein v,411 accomplish Phase I. The spoil will be disl:X:m~ of on site by careful placement in adjacent mangrove areas and in such a fashion so ~ not to create concentrated piles of spoil nor create blockages to existing and proposed drainage. Project 4 - Seagate Culverts The Seagate Culverts are located at the extreme South end of Outer Clam Bay and .serve as the connection point to Venetian Bay to the South. The culverts allow water to be exchanged between Outer Clam Bay and Venetian Bay through three twenty-four inch diameter culverts. The culverts are located beneath Seagate Drive, a private thoroughfare connecting to developed land lying adjacent to the Gulf of Mexico. 16/7: The Management Plan intends to take advantage of the flows through the culverts on the flood cycle by retaining the volume of water generated on the north side of the culverts (the Clam Bay side) for discharge through Clam Pass. This is to be accomplished by the installation of flap gates or a comparable product designed to preclude the oscillation of the tides through the culverts. Modified as proposed, the culverts will effectively operate as a pump, pushing water from Venetian Bay to Clam Bay. The design of the improvements to the Seagate Culverts will first involve a survey of existing conditions, to include a determination as to the condition of thc culverts for the contemplated retrofitting. Additionally, the design will require a check valve that is appropriate for the tidal conditions encountered at the Seagate Culverts and which check valve can be installed and maintained in a cost sensitive way. Construction of the improvements will require excavation around thc northerly end of the culverts, placement of a coffer dam during construction of the end wall, placement of the check valves, backfilling behind the end wall, and installation of rip-rap. Existing plant material will be removed and preserved for reinstallation to the extent feasible. Any destruction of roadways will be repaired. SCOPE OF SERVICES: The ENGINEER shall provide professional services in general accordance with the following scope: 2.1. Construction Plans and Technical Specifications 2.1.1. Attend three design phase meetings. 2.1.2. Gather pre. construction cross-sections and other field survey information for design purposes. 2.1.3. Prepare construction plans for the four Projects on one set of plans. The limits ifeach Project will be clearly identified on the plans. 2.1.4. Prepare on inclusive set of technical specifications for the four Projects. 2.1.5. Other consultants will provide design and technical support to tasks 2.1.3 and 2. 1.4 under separate contract with the County, 165t TIME OF PERFORMANCE: Items 2.1 and 2.2 ofth~ Scope of Servi~ will be completed within sixty (60) calendar days after execution of this Work Authorization by the COUNTY except for delays Beyond the control of the ENGINEER. Completion of Item 2.3 will depend on the construction completion schedule. FEES TO BE PAID: Tlg ENGINEER shall be paid for his services at the hourly rates shown in the COMPENSATION SCHEDULE prodded in the January 21, 1987, Agreement between the Pelican Bay lmlXOVement District and ENGINEER which has been amended from time to time with an mount not to exceed $122,300 without approval by the COUNTY. For reference, the following table provides a breakdown of the fees per project and phase. Four County purcha~ orders will be issued, one for each project. Payments shall be made upon monthly billing Payable within thirty (30) days of receipt of an invoice acceptable to the COUNTY. Fees per Phase Project._~..~ Dez-ign and Specs Bidding Construction I $16,000 $2,500 $24,000 2 $20,400 $3,000 $27,000 $5,400 $7,500 $49,3O0 3 Sub-Totals $500 $1,200 $7,200 $7,500 $7,300 $65,800 Total= $122,300 16El 2.2. 2.3. Contract and Bidding Documents 2.2.1. Prelx~ bidding quantities for the four Projects. 2.2.2. Prepare opinions of probable costs for the four Projects. 2.2.3. Collier County Purchasing and Pelican Bay Services Division (PBSD) will assemble the bidding documents and bid the Projects. 2.2.4. Assist Collier County Purchasing and PBSD with contractor selections. Construction Phase Services 2.3.1. Set horizontal and vertical survey control for the contractors' use during construction. 2.3.2. Attend pre-construction meeting. 2.3.3. Conduct lx-'riodi¢ site visits at intervals appropriate to the various stages of constn~on to observe the contractors' progress and to observe if the Contractor is constngting the improvements in general accordance with the plans and specifications. 2.3.4. Attend seven bi-weekly construction progress meetings. 2.3.5. Field measurement of post-construction cross-sections and completed quantities for pay estimate purposes. 2.3.6. Preparation of field reports of contractors' progress. 2.3.7. Proc. em pay requests and change orders. 2.3.8. Conduct final inspection of work. 2.3.9. Prepare Certificate of Substantial Completion to Collier county for site improverr~nts based on certified record drawings prepared by Contractors. 16El PROFESSIONAL CONSULTANT LEVEL DESCRIPTION LEVEL I LEVEL H LEVEL HI LEVEL IV LEVEL V PRINCH'AL OF THE FIRM: Individual having earned a BI; or BA dcgr.cc' from an accredited university. 0 to 3 years professional experience. Degreed individual either pre-registration or recently registered with 2 to $ years of professional experience; or individual having earned a MS, MA, or Ph.D. with 0 to 3 years professional experience. Registered professional, or equivalent, with 5 to 10 years of professional experience. Registered professional, or equivalent, with 8 1o 12 years of professional experience. Senior level registered professional, or equivalent, with 12+ years of professional experience. W'dliam L. Barton, PE; Thomas k Peek, PE, PSM; Alan D. Reynolds, AICP; Fermin A. Diaz, PE; John E. BoutweIl, PSM; Michael A. Kennedy, PE; Cliff'Schneider, PE; Arlen D. White, AICP; T'm'tothy P. Durham, PE; Stephen A. Means, PE; George O. ~'bala, PSM. 16El WlVIB&P SCHEDULE OF FEES Effective August 30, 1997 PC I Professional Consultant Level I PC H Professional Consultant Level H PC HI Professional Consultant Level Itl PC IV Professional Consultant Level IV PC V Professional Consultant Level V PRN Principal of the Yum $55.00/Hr. 70.00/Hr. i5.00/Hr. 95.00/Hr. 110.00/Hr. 135.00/Hr. c"rl Computer Technician I 45.00/Hr. CT2 Computer Te~.hni~ II 55.00/I-h'. CT3 Computer Technician III 65.00/Hr. FTI Field Teclmician I 45.00/Hr. Fr2 Fie. Id Tec/mici~ II 55.00/Hr. Fr3 Field Technician Ill 60.00/Hr. AMAI Administrsti~ Assistant I 35.00/Hr. AMA2 Admlnis~tivc Assistant II 50.00/Hr. CW2 2 Person Field Crew 85.00/Hr. (Add $15.00/Hr. for each addition crew member) Reimbursable expenses, such ~ vehicle travel, LD telephone, printing, survey mated.Is, will be billed st W'dson l~ller standard rates (Schedule available on request). All other out-of-pocket 16E1 BLU OVP COP OVM BON EXPENSE ITEMS Vehicle Travel Bloc Line PHats (up to 24 x 36) Cople~ Sepia/Mylar Priv.~g (up to 124 x 36) Sepia~xlar Prin~g (overs~) 2510 - Bond/Vellum Copies 0.31 1.00 0.20 0.10 9.00 1.50 3.00 25.00 / M]]..E / EA / SF lEA / SF / EA / EA 16El. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year fwst above written. Approved as to form and Legal sufficiency: County ^ttomey BOARD OF COUNTY COMMISSIONERS COLL[F..~COUNTY, FL .OR,I~A ~ WILSON, MILLER, BARTON & INC. PEEK, Stephen A. Means Vice President